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HomeMy WebLinkAbout2013-05-07 Board of Selectmen PacketDRAFT -- BOARD OF 2013 SELECTMEN AGENDAS 2013 Staff Responsibility Estimated Start time future agendas Policy on use of the AHTF Review license and permit fees Policy on Trust Fund Commissioners Discuss driveway width issues. Strout Avenue Master Plan - after Town Forest planning work is done Develop policy on affordable housing. April 29, 2013 - Annual Town Meeting no meetings Office Hour k 777 _r..... James Bonazoli x 6:30 Proclamation Bicycle month Delios Proclamation DPW appreciation week Zager 715 Proclamation EMS Week Burns 7:20 Badge Pinning - Police Sergeants 7:25 Appointment of RMLB member Hechenbleikner 7:30 Hearing Liquor License - Pamplemouse Hechenbleikner 8:00 Curb cut waivers - St. Athansius Zambouras 8:15 Approval of IMA - with Wakefield re School Nutrition Delai 8:30 Review of options re Medical Marijuana prohibition /restriction Hechenbleikner, Clay, McNamara 8:45 Appointments Trust Fund, VASC, RCASA Hechenbleikner Executive Session Land Disposition - Causeway Road Hechenbleikner q . MAPC member update Sadwick 7:30 Recognition of Reading Members of RRT Request for installation of shed at Morton Field - Reading Baseball Club Feudo 7:45 Consideration of All Way stop, Birch Meadow Drive and Oakland Road. Zambouras 8:15 Consideration of all way stop - Sunnyside and Fairview Zambouras 8:30 Further discussion - Traffic Rules and Regulations Martel 8:45 Discussion - street numbering. Zambouras 8:15 Review remote participation for public meetings (per Open Meeting Law) Hechenbleikner 8:45 Consideration of Class 2 MV license - Global gas station. Mav 23, 2013 - PH Retirement dinner Ino meetings Town Accountant Quarterly meeting Angstrom Appointments of Boards, Committees, Commissions Office Hour Marsie West 6:30 Review Customer Service Survey results. Award Bids for the purchase of 2 Audubon Road Au " % 2013 ' Office Hour Ben Tafoya 6:30 Review final drainage studies Zambouras Preview Subsequent Town Meeting September 4 & 5 Rosh Hashanah - NO Office Hour John Arena 6:30 CAB member update Town Accountant Quarterly meeting lNe tember 24, 2013 Close STM Warrant Office Hour IJames Bonazoli 6:30 Tax Classification preview Office Hour MAPC member u Tax Classification 6:30 ovember 12, 2013 - Subsequent Town Meetinalno November 14, 2013 - Subsequent Town Meeting no meetings November 18, 2013 Subsequent Town Meeting no meetings ` 12�- Now3` I I I Tax Classification hearing Approve Liquor Licenses Review Goals Office Hour Marsie West 6:30 Approve licenses Approve early openings /24 hour openings Town Accountant Quarterly meeting December, 17, 2013 Town Manager Performance Evaluation, establish FY 2015 salary o� OFR Town of Reading ti 16 Lowell Street Reading, MA 01867 -2685 rxcoaQ FAX: (781) 942 -9071 TOWN MANAGER Email: townmanager @ci.reading.ma.us (781) 942 -9043 Website: www. readingma.gov MEMORANDUM TO: - Board of Selectmen FROM: Peter I. Hechenbleikner DATE: May 1, 2013 RE; Agenda — May 7, 2013 James Bonazoli has office hours-at 6:30 p.m. 3abc) There are three proposed proclamations, and someone will be in for each of them. 4a) New Police Sergeants Chris Picco and Kevin Brown will be in for their traditional badge pinning. They are the first promotions in the Reading Police Department not under the civil service program. 4b) The Board of Selectmen will be meeting jointly with the remaining members of the Reading Municipal Light Board to fill Marsie West's term on the RMLB. There is one candidate who has indicated interest in being appointed and his material is included in your packet. The two Boards will be sitting as a body of the whole and appointment of the new member to the Light Board will require votes. 4c) When the Chairman announced the liaison assignments at your last meeting, we neglected to point out that formal votes are needed for three of them: appointment of the Commissioner of Trust Fund Selectman member for a term expiring June 30, 2014; the appointment of the two Volunteer Appointment Subcommittee members. with terms expiring June 30, 2014; and the appointment of the Selectman member of the RCASA Board for a term expiring September 30, 2013. 5a) As the Board is aware there are five package store licenses in Reading. There is a sixth license available for the Oaktree property, which was approved by legislative action. Pamplemousse, Inc. has applied for that license and has been reviewed through the Development Review Team process. They are appearing before the Planning Commission on Monday, May 6 for minor site plan approval. 5b) St. Athansius has submitted an application for curb cut waivers for the width of curbs. They are doing some renovations and improvement on site including eventually improvement of access to the front of the church. One of the other improvements is to provide for two exit lanes from the parking lot to the north of the church and one entry lane. This would require a curb cut wider than permitted by your regulations. St. Athansius received site plan approval from the CPDC subject to getting the curb cut waivers. 5c) Mary Delai from the School Department will be in to review with you a proposed inter -local municipal agreement with Wakefield for a joint school nutrition program (school lunches, etc.). In the packet is a draft of the inter -local municipal agreement. The School Department would like to get this started ASAP so that staff during the last part of this school year can prepare for this regional arrangement. 5d) The Town of Reading (as well as Wakefield and Melrose) approved amendments to the Zoning Bylaw /ordinance last fall which would prohibit medical marijuana dispensaries in all zoning districts in these communities. The Attorney General's office has disapproved those changes, and the memo and attached material in the packet reviews some of the Town's options. I expect that members of the Reading Coalition Against Substance Abuse Board and/or Public Health Administrator will be present to provide additional comment and information on the options available to the Town. RCASA Executive Director and Town Counsel will not be but have provided input. PIH/ps W PROCLAMATION NATIONAL BIKE MONTH Whereas: the month of May is National Bike Month, and Friday, May 17, 2013 is National Bike to Work Day; and Whereas: biking is a proven emission -free transportation alternative that reduces traffic congestion, improves mobility, and provides an alternative to driving alone; and Whereas: the promotion of biking to work improves the region's economic prosperity and quality of life; and Whereas: National Bike Month 2013 is a month -long event from May 1 — May 31, 2013 that promotes bicycle commuting, safety, and driver awareness of bicycle riders; and Whereas: the Town of Reading is sponsoring Bike to Work Month and Bike to Work Day, to recognize biking to work and to promote employer and commuter participation this month and throughout the year; and Whereas: Reading employers can improve mobility and reduce greenhouse gas emissions in the region, and around their work sites, by offering incentives to employees to encourage biking to work and other alternatives to the solo commute; Now, therefore, we, the Board of Selectmen of the Town of Reading, Massachusetts does hereby proclaim May 2013 to be Bike Month and May 17, 2013 to be Bike to Work Day. THE BOARD OF SELECTMEN James Bonazoli, Chairman John Arena, Vice Chairman Ben Tafoya, Secretary Marsie West Daniel Ensminger W PROCLAMATION NATIONAL PUBLIC WORKS WEEK Whereas, public works services provided in our community are an integral (but often unnoticed) part our resident's everyday lives; and Whereas, the support of understanding and informed residents is vital to the efficient operation of public works programs such as water, sewers, streets, highways, parks and forestry, and solid waste collection; and Whereas, the health, safety and comfort of residents this community depends on these facilities and services; and Whereas, the quality and effectiveness of these services is vitally dependent upon the efforts and skill of public work officials and employees; and Whereas, the efficiency of the qualified and dedicated personnel who staff our Public Works department is materially influenced by the resident's attitude and understanding of the importance of the work they perform; and Now, therefore, we, the Board of Selectmen of the Town of Reading, Massachusetts does hereby proclaim the week of May 19 to May 25, 2013 as Public Works Week in the Town of Reading and we call upon all residents and civic organizations to acquaint themselves with the issues involved in providing quality public works services to this community and to recognize the contributions which public works officials and employees make every day to our health, safety, comfort, and quality of life. THE BOARD OF SELECTMEN James Bonazoli, Chairman John Arena, Vice Chairman Ben Tafoya, Secretary Marsie West Daniel Ensminger PROCLAMATION EMS WEEK PROCLAMATION Whereas, emergency medical services is a vital public service; and Whereas, the members of Reading Fire Department are ready to provide lifesaving care to those in need 24 hours a day, 7 days a week; and Whereas, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and Whereas, the emergency medical services system consists of emergency physicians, emergency nurses; emergency medical technicians, paramedics, firefighters, educators, administrators, and others; and Whereas, the members of emergency medical services teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and Whereas, it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week; Now, therefore, we, the Board of Selectmen of the Town of Reading, Massachusetts does hereby proclaim the week of May 19 - May 25, 2013 as Emergency Medical Services Week in the Town of Reading. With the theme, "EMS: One Mission, One Team," we encourage residents of the Town of Reading to observe this week with appropriate recognition. THE BOARD OF SELECTMEN James Bonazoli, Chairman Ben Tafoya, Secretary John Arena, Vice Chairman Daniel Ensminger Marsie West Summary Highlights Christopher Picco I'm an accomplished Veteran police officer with over 17 years of experience in the Law Enforcement community. I began my career with the Middlesex County Sheriffs Department where I was assigned to the Main Housing facility eventually working the Gang and Segregation Unit. I continued my career with the Reading Police Department where my first eleven years were spent acting in the capacity of patrol officer where I became skilled in assessing situations and making critical decisions with minimal supervision.The remaining years of my service up to this point have been in a support services role where I have been assigned the tasks of Department Armorer, Fleet Manager, Licensing Officer, BVP Coordinator, and Radio Communications Officer which require a significant amount of attention to detail along with the multi- tasking of these functions while simultaneously maintaining.my availability to other Department responsibilities Including traditional police work. • MPTC Basic Recruit Academy 5th MPOC Canton 1996 -1997 • MPTC Use Of Force Instructor 2007,2010 • Firearms Instructor School • Senior Firearms Instructor 600+ hours instructing • MPTC Advanced Firearms Instructor • LEOSA Instructor • Basic Pistol, Marksmanship • Combat-handgun • Advanced Combat Handgun • Executive and Dignitary Protection School • Enhanced Handgun Skills • Advanced Pistol Skills • Advanced Shotgun • Advanced Patrol Rifle • Objective Based Training • Point Shooting • Handgun Skill Builder • Point vs Precision Shooting • Close Quarter Pistol Operator • Concealed Carry Techniques • Pistol Action Shooting • Shooting On The Move • Glock Pistol Armorer • M4 Rifle Armorer • Remington 870 Shotgun Armorer • Force on Force /Active Shooter instructor • LETA Thermographer Certified • Dropping the Hammer /After Shoot Response • Firearms Legal Update 2007 -2012 • License to Carry Firearms • License to Carry Machine Guns • Field Training Officer School • Fingerprint School • Capstun and baton • Domestic Violence • Motorcycle Evoc School • Report Writing • Sensitivity and Diversity Training • Street Survival • FBI LEOKA: Officer Safety and Street Survival • Computer proficient in Microsystems ,Cjis,MIRCS,intemet. • Working knowledge In Excel,Word Perfect Formats q a.., I Accomplishments Graduated Highest Academic Achievement, Massachusetts Criminal Justice Academy - Canton Ma 1996 -1997 Was an integral part of the development and implementation of the Departments Advanced Firearms Training program and created the Departments Force on Force /Active Shooter Training Program. Annually train approximately 40 officers from this Department on different elements of training over multiple events and have over 600 hours of instructing. I have served as Union President for the Reading Police Association Mass Cop Local 191, serving 6 terms, and in that capacity I am responsible for maintaining and managing the day to day business of the Union and fostering the professional relationship with the Office of the Chief through communication, cooperation and mutual understanding. l have also been involved in the successful negotiations of the past 2 Union contracts with the Town of Reading. In my present assignments, both pertaining to my responsibilities to the department and the representation of my fellow officers throughout these years, I have been able to demonstrate my abilities as a leader and role model. My present positions often times require me to take on what some would call a role of supervision without rank where I believe through past guidance, experience , knowledge, organizational skills, natural abilities and maturity as a police officer I've been able to successfully demonstrate with great ability. Received Sheriffs Commendation for actions taken during an inmate uprising Received Chiefs commendation for actions taken during an encounter with a subject armed with a Firearm. Experience 05/2004 - Current Elite Executive and Dignitary Protection and Investigative Services Lynnfield, Massachusetts Owner I am licensed to perform both Private Investigations and Security work and have provided past transport and personal security services. Presently Inactive. 10/1996 - Current Town of Reading/Police Department Reading, Massachusetts Police Officer /Department Armorer /Licensing Officer /Fleet Manager /Communications Officer I have been a Patrolman for over 16 years and in that time I've spent approximately 11 of those years assigned to patrol work. My responsibilities Included the interaction with members of the public on a daily basis, providing a variety of services as the situation and needs required, making critical in the moment decisions. Throughout my career I've been involved In over 1250 investigations, arrests, report generations, and interviews in both criminal and non criminal circumstances. My present role as Department Armorer, Fleet Manager and Licensing officer require no less attention to detail but demand a specialized and knowledge specific approach to accomplishing my tasks. My attention is more specific to the needs of the Department and its personnel. As Department Armorer I am tasked with the upkeep of all issued Firearms and the Training of all Department Personnel. As Fleet Manager I'm responsible for the purchasing and upkeep of the Departments Fleet so that our people can meet the needs of the community without any hindrance on providing required services. As Licensing Officer I process civilian License to Carry Firearms which require interviewing the applicants as well as providing a thorough background check on each candidate to ensure the utmost responsibility on my part to maintaining a safe community and Commonwealth. While providing these services I've managed to develop more efficient approaches to accomplishing these tasks. Through persistence, creativity and dedication to a changing police environment I've helped to create more advanced training programs, I've managed to extend the road life of -many of the fleet vehicles through purchasing recommendations, attention to maintenance and equipment changes. As Licensing requirements change and the influx of applicants increase so does the need to develop newer ways to handle the requests and I believe I have done this through organizational methods developed and proper time management. As my duties and responsibilities change I am constantly striving to be creative and educate myself through training and guidance to Improve on my personal abilities and how they can be applied to the changing environment of Policing. 0511995 - 10/1996 Middlesex County Sheriffs Department Billerica, Massachusetts Corrections Officer I was responsible for assisting in the day to day care ,custody and control of approximately 1000 Inmates housed at the Billerica House of Correction. My primary assignment became the main housing unit and eventually the Gang & Segregation unit. I was awarded a Sheriffs Commendation for actions taken during an inmate uprising where 8 officers including myself put down a disturbance Involving almost 200 inmates. Education 2008 Western New England College Criminal Justice Bachelor of Arts 1997 MPTC Basic Police Academy Sth MPOC , Canton , Massachusetts Law Enforcement 1989 Middlesex Community College, Lowell, Massachusetts Criminal Justice Associate of Arts University Of Massachusetts Lowell, Lowell, Massachusetts Criminal Justice Attended 1995 -1997 (j a,3 f s r KeAiri iM' B bwo jr, UbIecfie• �£h >. t� Pinl, pasztia ofkS wrt��fix the Reading police Departit erst that k to, u,y1'1� fi��y ;n}' tr ��yy�yy{j� pen {< t "kelpie de nfi d the ccimmufiY bonc�t gro s'a f�Mzv, '� Y y4 `� Fri t! r. •�.Se }��L�, ;6',/��jw��..t �fi �iM ��IF V�i il�SiR�.�� c731�i�9r .i',`^w�'� � is ! ".} .yt�y+7 5 �+° iti 'k ' ,� ` y ✓� fac'. s�fy't kk €'cc "'. i' ti $° 1 �+ta FFF n p 8 y y{ /s�� .K*�y� �/vp(�^$'' fi.: ai' � a t^'a rr ' q & % ��s a „� K y��7 gam* n f ♦pY y� y�sjy�,an ;��ry- ,k yy� 7 - end 5- Robert N. Karpp Co.,Inc: Boston, MA. Boom truck operator 1993 -2000 Kevin. M. Brawn fir. F ,r, a -�• -: � e 2008 Fteld Trai�ung bfficrprpg�ain (F T © $ayls�Qri MA g` 4 � M F gp�� �/�■1 p��4/i /� } {n, q_p�y �'„ }'�1 j� A�j. y{�/. ♦p Jtd JY, Y A n4 9� �k'���1/A Ni41V V Y+� hM;111NF glico�� i�Ihi Y � i i� �i lei i�s�q{ •�" '("� R;i �,�. 5 " A member r�vith the Ra�ingAi�aiy >� *Ipt, R{�Ulge, o �_ =` `: s '� �d.• - 2? ,�Ss�g x`a irk 1 n o 's s k � r��. ;; r �" a + � �: �s o. ,> �;a. ,_?����'s. .. •c c. .....�.., s. ca �3�.. a. � `�_ .� .z.. - � .L?l . , x =.a.�, .z � �, _ _d .- s, .... .... .. - �' ��v • M� b 9' i § d 1 Q x \ a t 1 "5 OFRe Town of Reading c 16 Lowell Street o a Reading, MA 01867-2686 ,6J9'IHCORQORP FAX: (781) 942 -9071 Email: town manager@ci.readin9.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942 -9043 VOLUNTEER VACANCY TOWN OF READING MUNICIPAL LIGHT BOARD A vacancy with a term expiring in April 2015 exists on the Reading Municipal Light Board. The Municipal Light Board has charge of all the real estate, facilities, personnel and equipment of the Town pertaining to the production and transmission of electrical power. Interested persons should apply at the Town Clerk's office, 16 Lowell Street, Reading, Massachusetts by 5:00 p.m. on April 23, 2013 or until the position is filled. 3�- -v 1 tv 0 rn m C-, G7��? 3r�T1� cn � Nei MUNICIPAL LIGHT BOARD Term Three years A n� ointing Authority Elected Number of Members Five Members whose terms are so arranged that as nearly an equal number of terms as possible shall expire each year Meetings Authorily Reading Charter — Adopted March 24, 1986 Purpose Shall have charge of all the real estate, facilities, personnel and equipment of the Town pertaining to the production and transmission of electrical power both within the Town and elsewhere; shall have all the powers and duties given to cities and towns in respect to municipal lighting plants under G.L. c. 164, s. 34 et seq., and other general and specific acts pertaining thereto together with such further powers and duties assigned to tem by the Charter, by Bylaw or by other Town Meeting vote. Q 6 7..' Schena, Paula From: Hechenbleikner, Peter Sent: Thursday, April 04, 2013 4:28 PM To: Schena, Paula Subject: Fwd: Resignation from RMLD Board of Commissioners Please post this vacancy ASAP Sent from my iPhone Pete Begin forwarded message: From: Marsie West <mkwestrboscr,�,yahoo.com> Date: April 4, 2013, 3:17:10 PM EDT To: Laura Gemme <I eg mmenci.reading ma_us> Cc: Phil Pacino <PHILPACINQgGRMP.NET>, Kevin Sullivan <ksullivan@rmld.com >, Peter Hechenbleikner <phechenbleiknergci.readin .ma.us >, Bob LeLacheur <blelacheu @ci.readin .m�a.us> Subject: Resignation from RMLD Board of Commissioners Reply -To: Marsie West <mkwestrbos(a,yahoo.com> Dear Laura, Please accept my resignation from the RMLD Board of Commissioners based on my election to the Board of Selectmen. This is in accordance with the Town of Reading Charter Section 3 -1 requirement that an individual holds a single elected position other than Town Meeting Member. Regards, Marsie K. West 3 Whitehall Lane qO OFR i Town of Reading w 16 Lowell Street Reading, MA 01867 -2685 J9INCORQOP FAX: (781) 942 -9071 Email: townmanager @ci.reading.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942 -9043 April 29, 2013 David Mancuso 129 Howard Street Reading, MA 01867 Dear Mr. Mancuso: Thank you for applying for a position on the Reading Municipal Light Board. The Board of Selectmen and Reading Municipal Light Board members will be interviewing candidates at a joint meeting on May 7, 2013, in the Selectmen's Meeting Room, Town Hall, 16 Lowell Street, Reading, MA. We have scheduled your interview to take place at 7:30 p.m. Please note that although the term for the vacant position expires in April 2015, whoever is appointed to fill this vacancy will have a term expiring on Election Day April 8, 2014. Should that person want to complete the term to 2015 they will have to run for election. Attached is a copy of the description of the Board(s), Committee(s) or Commission(s) to which you have applied. Please make sure that we have in advance a resume or description of your qualifications if you would like to submit this material. Also, please note that the Charter requires that you be a resident of Reading and the Board of Selectmen requires that you be a registered voter to be considered for appointment (there are exceptions if the applicant is not old enough to be a registered voter). The following is a list of questions that the Selectmen commonly ask of new applicants. 1. Can you meet the time commitment that will be required for this position? 2. Are there any conflicts in -your personal or professional life with serving in the position that you seek? 3. Briefly summarize your qualifications. Why are you interested in this particular position? 4. Are there any specific issues that you would like to deal with as a member of this Board, Committee or Commission? 5. Are you accessible to residents who have business before the Board, Committee or Commission to which you have applied — i.e. do you have a listed telephone number? Please contact Paula Schena at 942 -9043 and let her know whether or not you will be able to be present for this interview. Si erely, P ter I. Hechenbleikner Town Manager PIH /ps ��.q Name: Mancuso, (Last) Town of Reading, MA RECEIVED TOWN CLERK " ADING, MASS. Application for Appointment to Boards /Committees /Commissions David (First) (Middle) Address:_ 129 Howard St. Reading, 01867 Occupation: Government and Public Affairs 1013 APR 16 A li: 54 Date: 4. 18.13 Tel. (Home) 781- 872 -1216 Tel. (Work) 617- 615 -5014 (Is this number listed ?) Yes # of years in Reading: 5 Are you a registered voter in Reading? Yes e -mail address: Mancusomail @yahoo.com Place a number next to your preferred position(s) (up to four choices) with #1 being your first priority. _Animal Control Appeals Committee _Audit Committee _Board of Appeals _Board of Cemetery Trustees _Board of Health _Board of Registrars _Bylaw Committee _Celebration Committee _Climate Advisory Committee Commissioner of Trust Funds _Community Planning & Development Comm. _Conservation Commission _Constable _Contributory Retirement Board _Council on Aging _Cultural Council Economic Development Committee _Fall Street Faire Committee _Finance Committee _Historical Commission _Housing Authority _Human Relations Advisory Committee MBTA Advisory Board _Metropolitan Area Planning Council _Mystic Valley Elder Services _ RCTV Board of Directors Recreation Committee RMLD Citizens Advisory Board _ Town Forest Committee _ Trails Committee West Street Historic District Commission _ Ad Hoc Committee X Other: RMLD Commissioner Please outline relevant experience for the position(s) sought: (feel free to attach a resume or other statement of interest/qualifications) Information Attached Revised 4 -10 -12 q �-� David Mancuso 129 Howard Street Reading, MA Re: Application for Appointment to RMLD Board of Commissioners Professionally, I have served as Regional Vice President for External Affairs for a highly regulated, Fortune 50, unionized, utility corporation. My responsibilities have included strategic planning, the management of issues before the executive, legislative and regulatory branches of government and the oversight of municipal community affairs across the New England states. I have worked directly with the State's Joint Committee on Telecommunications, Utility and Energy, have a functional knowledge of Massachusetts General Law Chapter 164 which governs electrical utilities, and a practical understanding of ISO New England, the organization that ensures the day -to -day reliable operation of New England's bulk power generation and transmission system and the region's wholesale electricity markets. have also been a regular, active participant in meetings of the National Association of Regulatory Utility Commissioners and the New England Conference of Public Utility Commissioners. I'm an experienced board member, having served as Vice Chairman of the Massachusetts Chamber of Commerce, a current Board member of the Massachusetts Business Alliance for Education and a recent member of the Board of the Associated Industries of Massachusetts. I recently ran for the RMLD Board of Commissioners, coming less than 4% of the vote away from successful election and have served as an active, elected member of Town Meeting in Precinct 4 for several years. I believe my experience and interest in the New England energy market makes me uniquely qualified to provide well- informed, fact -based leadership to RMLD that will help them continue to serve as both a vital public utility for Reading, North Reading, Wilmington and Lynnfield and a core financial asset of our community. As Commissioner, I will behave in a professional manner that is compatible with the organization's role as a publicly owned utility, and in full compliance with its' obligations under federal, state and local laws and the regulatory environment in which it operates. As Commissioner, I will strive to meet the obligation to serve with a keen grasp of the operation of RMLD in the context of ISO New England and the New England Power Pool and have a realistic grasp of the limitations and opportunities of RMLD's position in the marketplace. q 6(p Mancuso RMLD Application WE As Commissioner, I'll work collaboratively with the other Commissioners and RMLD management to ensure RMLD is operated in an economically sound, open, environmentally sensitive manner. I believe I can make a positive contribution to the Board of Commissioners to help successfully navigate the complexities of hiring and integrating a new General Manager and I'm confident that I can help RMLD's Board of Commissioners establish a statewide reputation for excellence and leadership that matches the perception of the organization's operations. I appreciate your consideration for appointment to the RMLD Board of Commissioners. qb? LEGAL NOTICE TOWN OF READING NOTICE OF PUBLIC . HEARING To the Inhabitants of'the Town of Reading: You are hereby notified that an application for an all alco- holic package store liquor. license has been applied for by Pamplemousse, Inc. The appli- cation is for the premises at 26 Haven Street, Reading, Massachusetts. Under the pro- visions of Chapter 138, Section 15 of the Massachusetts General Laws, a public hearing will be held by the Board of Selectmen concerning this application on May 7, 2013 at 8:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. A copy of the proposed doc- ument 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 p.m. and is attached to the hearing notice on the website at www.readingma.gov All interested. parties are Invited to attend the. hearing, or may submit their comments in writing or by email prior to 6:00 p.m. on May 7, 2013 to town - manager @c i.reading.ma.us By order of Peter I. Hechenbieikner Town Manager 4/25- ` 4/25/2013 TOWN OF READING ABUTTERS LIST STONEHAM PLANNING BOARD 35 CENTRAL ST STONEHAM MA 02180 WAKEFIELD PLANNING BOARD 1 LAFAYETTE STREET WAKEFIELD MA 01880 LYNNFIELD PLANNING BOARD 55 SUMMER STREET LYNNFIELD MA 01940 MASS DEPT OF HOUSING & COM. DEV. 100 CAMBRIDGE STREET, SUITE 300 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 2460160000002880 2460540000000010 GALLO MATTED TRUSTEE OCEAN VIEW NOMINEE TRUST 376 NORTH ST BOSTON MA _ZIP 02113 2460160000003050 2460540000000170 KILEY ROBERT J TR 34 GOULD STREET REALTY TRUST 34 GOULD ST READING MA 01867 2460160000003060 2460540000000180 GREGORIO PHILIP J C/O PHILIP J GREGORIO 57 RUSTIC LN READING MA 01867 2460160000003090 246054000000019A PJC REALTY MA, INC. C/O RITE AID P O BOX 3165 HARRISBURG PA 17105 2460160000003140 246054000000019F TASKER SUSAN E TRUSTEE HAVEN STREET TRUST 1 HAVEN ST READING MA 01867 2460160000003470 246063000000001& HAVEN ATLANTIC LLC C/O OAK -RJF C/O URBAN SPACES 10 MCTERNAN ST CAMBRIDGE MA 02137 2460160000003480 2460630000000040 TOWN OF READING PARKING LOT 16 LOWELL ST READING MA 01867 2460160000003530 2460630000000100 TOWN OF READING PARKING 16 LOWELL ST READING MA 01867 2460160000003820 2460640000000270 UH LINDEN STREET LLC 21 ANGLEWOOD LN NORTH READING MA 01864 2460160000003830 2460640000000280 UH BRANDE COURT LLC 21 ANGLEWOOD LN NORTH READING MA 01864 2460160000003850 246064000000028C TOWN OF READING PARKING 16 LOWELL ST READING MA 01867 2460160000003870 2460640000000290 COLOMBO ROBERT G ETAL TRS COLOMBO, O'LEARY & COLOMBO R T 70 HAVEN ST READING MA 01867 2460160000003880 2460640000000300 CICCARIELLO PATSY TRUSTEE LINDEN STREET REALTY TRUST 597 MAIN ST UNIT B7 STONEHAM MA 02180 2460160070103520 246063A000000010 COLOMBA FRANK J 2-4 BRANDE CT UNIT A READING MA 01867 2460160070103790 246063A000001010 HALL MARK G TRUSTEE DEPOT REALTY TRUST 286 PARK ST NORTH READING MA 01864 2460160070203520 246063A000000020 COLOMBA GIUSEPPE ETAL TRUSTEES COLOMBA - BRANDE COURT NOMINEE TRUST 30 FRANKLIN ST READING MA 01867 2460160070203790 246063A000001020 HALL MARK G TRUSTEE DEPOT REALTY TRUST 286 PARK ST NORTH READING MA 01864 2460160070303790 246063A000001030 HALL MARK G TRUSTEE DEPOT REALTY TRUST 286 PARK ST NORTH READING MA 01864 2460160070403790 246063A000001040 HALL MARK G TRUSTEE DEPOT REALTY TRUST 286 PARK ST NORTH READING MA 01864 2460160070503790 246063A000002010 ANASTOS, LLC C/O READING ORTHODONTICS P.C. 2 HAVEN STREET READING MA 01867 2460160070603790 246063A000002020 SPYROU LEONIDAS 9 COBBLESTONE LANE SUDBURY MA 01776 2460160070703790 246063A000002030 ZZW REALTY LLC 2 HAVEN ST - UNIT #203 READING MA 01867 2460160070803790 246063A000002040 READING EXECUTIVE PLACE, LLC 2 HAVEN STREET READING MA 01867 2460160070903790 - 246063A000002050 DARDENO PHILIP ETAL TRUSTEES PRO REALTY TRUST 16 RIDGEWAY RD NORTH READING MA 01864 2460160071003790 246063A000002060 PELLET AND MIME LLC 2 HAVEN ST UNIT 206 READING MA 01867 2460160071103790 246063A000002070 PELLET & MIME LLC 2 HAVEN ST UNIT 206 READING MA 01867 2460160071203790 246063A000002080 SAMPSON STEPHEN J 2 HAVEN ST STE 208 READING MA 01867 2460160071303790 246063A000003010 GWT HAVEN REALTY LLC 2 HAVEN ST UNIT 301 READING MA 01867 2460160071403790 246063A000003020 MA YOUSHENG.ETAL TRUSTEES ALPHA ONE REALTY TRUST 2 HAVEN ST UNIT 303 READING MA 01867 2460160071503790 246063A000003030 YOUSHENG MA HUIBIN P WANG 2 HAVEN STREET READING MA 01867 2460160071603790 246063A000003040 LATINA MARK A TRSTEE HAVEN JUNCTION RLTY TR 20 POND MEADOW DR STE 204 READING MA 01867 2460160071703790 246063A000003050 T.B. DONOVAN LLC 42 BOSTON ROCK RD MELROSE MA 02176 2460160071803790 246063A000003060 STEPHEN VIEGAS SUSAN C VIEGAS 2 HAVEN ST #306 READING MA 01867 2460160071903790 246063A000003070 GWT HAVEN REALTY LLC 2 HAVEN ST UNIT 301 READING MA 01867 2460160072003790 246063A000003080 HIGH STREET LIMITED PARTNERSHI 107 WOBURN ST READING MA 01867 2460160072103790 246063A000003090 HIGH STREET LIMITED PARTNERSHI 107 WOBURN ST READING MA 01867 2460160000003070 246054000000018A CARLSON RICHARD W TR 55 HAVEN STREET REALTY TRUST 60 HARBOR AVE MARBLEHEAD MA 01945 2460160000003620 246063000000025& GOOD SHEPARD EPISCOPAL CHURCH 97 WOBURN ST READING MA 01867 4/25/2013 FOR READING BOARD OF ASSESSORS VICTOR P. SANTANIELLO, APPRAISER PATRICIA A. SULLIVAN, ASSISTANT APPRAISER W TOWN OF READING ABUTTERS LIST 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 - Pamplemousse, Inc. Chief James Cormier Reading Police Department 15 Union Street Reading, MA 01867 Chief Cormier, May 1, 2013 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 Pamplemousse, Inc. which will be located as 26 Haven Street. Officers, directors, stockholders and manager: 1) President /Secretary /Treasurer/Mana eg_r: Diane Manahan 2) Vice President: Angela Lordi Ownership Interests: 1) Diane Manahan-50% stock ownership 2) Angela Lordi -50% stock ownership I find no reason why the license application should not go forward. Respectfully Submitted, A etective Mark D. e la Criminal Division Commander Schena, Paula From: Delios, Jean Sent: Tuesday, April 30, 2013 11:28 AM To: Schena, Paula Subject: RE: Package Store Liquor Application No comments, looks good! Jean J. Delios i1t! .��� €'j- t,i:'t'c, 1));-' iw flLt;_ P i Town of Reading 16 Lowell Street Reading, MA 01867 -2685 (P) 781- 942 -6612 (F) 781 -942 -9071 Town Hall Hours as of .Tune 7, 20101\--1, w, Th: 7:30 a.m. - 5:30 p.m. Tuesday: 7:30 a.m. - 7:00 p.m. FRIDAY: CLOSED jdelios Da ci.reading.ma.us www.readingma.gov http: / /readingma- survey.virtualtownhall.net /survey /sid /de8bdaal6db9e6b4/ From: Schena, Paula Sent: Monday, April 29, 2013 10:21 AM To: Cormier, Jim; Delios, Jean; Clay, Ruth Subject: Package Store Liquor Application Please review the attached application for a package store license. This is on the 5/7 agenda so please get your comments back to me by noon on May 2nd if possible. Paula Schena Office Manager Town of Reading 16 Lowell Street Reading, MA 01867 Phone: 781 - 942 -6643 Fax: 781 - 942 -9071 eschenaCcDci. reading. ma. us www.readin-qma.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- surveyvirtualtownhall. net /survey /sid /7c8844ebl decdO98/ s� Schena, Paula From: Ruth L. Clay in Melrose Sent: Monday, April 29, 2013 11:18 AM To: Schena, Paula Subject: Re: Package Store Liquor Application They are in the process of completing the plan review process. I have no issues with their application. Ruth Ruth L. Clay, MPH Health Director City of Melrose Town of Reading Town of Wakefield Sent from my iPad On Apr 29, 2013, at 9:20 AM, "Schena, Paula" <pschena @ci.reading.ma.us> wrote: > Please review the attached application for a package store license. This is on the 5/7 agenda so please get your comments back to me by noon on May 2nd if possible. > Paula Schena > Office Manager > Town of Reading > 16 Lowell Street > Reading, MA 01867 > Phone: 781 - 942 -6643 > Fax: 781 - 942 -9071 > pschena @ci. reading. ma.us <mailto :pschena @ci. read ing. ma. us> > www. readingma .gov <http: / /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 /7c8844ebldecd098/ > <Pamplemousse Application.pdf> Please take a moment to help us improve your experience with City services. https:// www. surveymonkey .com /s /MelroseCustomerSurvey S�� 0 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— 1 Reading ABCC License Number City/Town TRANSACTION TYPE (Please check all relevant transactions): 0 New License ❑ New Officer /Director E] Pledge of License Transfer of License [] Change of Location ❑ Pledge of Stock Change of Manager F� Alteration of Licensed Premises Transfer of Stock Cordials /Liqueurs Permit ❑ Issuance of Stock New Stockholder 6 -Day to 7 -Day License F] Management /Operating Agreement Wine & Malt to All Alcohol ❑ For Reconsideration 05/07/2013 Local Approval Date ❑ Change Corporate Name E] Seasonal to Annual D Change of License Type ❑ Other Name of Licensee Pamplemousse Inc. EIN of Licensee D /B /A Pamplemousse Inc. Manager Diane Manahan ADDRESS: 26 Haven Street CITY/TOWN: Reading STATE MA ZIP CODE 01867 Annual All Alcohol ��� Package Store 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: 26 Haven Street, first floor retail store, 3300 square feet with kitchen, office and storage. One front entrance /exit on Haven Street and one emergency exit through the back hallway. Application Filed: Apr 23, 2013 Advertised: Apr 25, 2013 Abutters Notified: Yes F No ❑ Date & Time Date & Attach Publication Licensee Contact Person for Transaction Diane Manahan Phone: 781 - 367 -9232 ADDRESS: 22 Hazel Street CITYITOWN: Salem STATE M AZIP CODE 01970 Remarks: The Local Licensing Authorities By: ABCC Remarks: Alcoholic Beverages Control Commission Ralph Sacramone Executive Director SCt/ LIN 77te Commonwealth M 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 050 IF USED EPAY, CONFIRMATION NUMBER A.B.C.C. LICENSE NUMBER (IF AN EXISTING LICENSEE, CAN BE OBTAINED FROM THE CITY) LICENSEE NAME F PAMPLEMOUSSE, INC. ADDRESS 126 HAVEN STREET CITY/TOWN READING STATE MA ZIP CODE 01867 TRANSACTION TYPE (Please check all relevant transactions): Alteration of Licensed Premises E Cordials/Liqueurs Permit F] New Officer /Director Transfer of License F] Change Corporate Name Issuance of Stock ❑ New Stockholder Transfer of Stock Change of License Type Management/Operating Agreement ❑ Pledge of Stock Wine & Malt to All Alcohol E] Change of Location D More than (3) §15 [:] Pledge of License 6 -Dayto 7 -Day License n Change of Manager EX New License E] Seasonal to Annual Other THE LOCAL LICENSING AUTHORITY MUST MAIL THIS TRANSMITTAL FORM ALONG WITH THE CHECK, COMPLETED APPLICATION, AND SUPPORTING DOCUMENTS TO: ALCOHOLIC BEVERAGES CONTROL COMMISSION P. O. BOX 3396 BOSTON, MA 02241 -3396 A N W W '50�vg APPLICATION FOR RETAIL ALCOHOLIC BEVERAGE LICENSE City/Town EADING I 11. LICENSEE INFORMATION: A. Legal Name /Entity of Applicant:(Corporation, LLC or Individual) PAMPLEMOUSSE, INC. B. Business Name (if different) : C. Manager of Record: DIANE MANAHAN D. ABCC License Number (for existing licenses only) E.Address of Licensed Premises 26 HAVEN STREET City/Town: READING State: El Zip: 01867 F. Business Phone: 978-745 -2900 G. Cell Phone: H. Email: DIANE@PMOUSSE.COM I. Website: .PMOUSSE.COM J.Mailing address (If different from E.): Ctty/rown: State: Tip: TRANSACTION: 0 New License F] New Officer/Director E] Transfer of Stock E] Issuance of Stock ❑ Pledge of Stock E] Transfer of License E] New Stockholder E] Management/Operating Agreement E] Pledge of License The following transactions must be processed as new licenses: Seasonal to Annual E] (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. 3. TYPE OF LICENSE: §12 Restaurant n §12 Hotel ❑ §12 Club §12 Veterans Club ❑ §12 General On- Premises §12 Tavern (No Sundays) © §15 Package Store LICENSE CATEGORY: ❑X All Alcoholic Beverages E] Wine & Malt Beverages Only E] Wine or Malt Only E] Wine & Malt Beverages with Cordials/Liqueurs Permit S. LICENSE CLASS: 0 Annual Seasonal 6. CONTACT PERSON CONCERNING THIS APPLICATION (ATTORNEY IF APPLICABLE) NAME: DIANE MANAHAN ADDRESS: 22 HAZEL STREET CITY/TOWN: SALEM STATE: MA ZIP CODE: 01970 CONTACT PHONE NUMBER: 781- 367 -9232 FAX NUMBER: 978- 745 -4343 EMAIL- DIANE @PMOUSSE.COM DESCRIPTION OF PREMISES: ase provide a complete description of the premises to be licensed. Please note that this must be identical to the description on the Form 43. HAVEN STREET, FIRST FLOOR RETAIL STORE, 3300 SQUARE FEET WITH KITCHE, OFFICE AND STORAGE. ONE FRONT ENTRANCE /EXIT ON HAVEN AND ONE EMERGENCY EXIT THROUGH THE BACK HALLWAY. Total Square Footage: 300 Number of Entrances: 1 Number of Exits: Occupancy Number: F Seating Capacity: IMPORTANT ATTACHMENTS (2): The applicant must attach a floor plan with dimensions and square footage for each floor & room. OCCUPANCY OF PREMISES: By what right does the applicant have possession and /or legal occupancy of the premises? inal Lease MPORTANT ATTACHMENTS (3): The applicant must submit a copy of the final lease or documents evidencing a egal right to occupy the premises. Other:l Landlord is a(n): ILLC El Other: Name: AK - RIF 30 HAVEN LLC. Phone: 617 -868 -5558 Address: 10 McTERNAN STREET City/Town: CAMBRIDGE State: MA Zip: 02139 Initial Lease Term: Beginning Date /01/2013 Ending Date 1/01/2018 Renewal Term: O TERMS Options /Extensions at: 5 Years Each Rent: 69,466.50 1 Per Year Rent: 5788.88 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 0 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 orovide a lease between the two entities. r—., 14', 9. LICENSE STRUCTURE: The Applicant is a(n): Korporation ---a If the applicant is a Corporation or LLC, complete the following: State of Incorporation /Organization: MASSACHUSETTS the Corporation publicly traded? Yes [] No nX Other: Date of Incorporation /Organization: FEBRUARY 2002 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 (S): 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 DIANE MANAHAN PRESIDENT, SECRETARY, THE 50 ANGELA LORDI VICE PRESIDENT 50 *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 pX No E] If yes, list said interest below: Name License Type Licensee Name & Address DIANE MANAHAN 15 Package Store PAMPLEMOUSSE, INC, 185-189 ESSEX ST., SALEM, MA 01970 ANGELA LORDI 15 Package Store PAMPLEMOUSSE, INC., 185 -189 ESSEX ST., SALEM, MA 01970 Please Select IPlease Select Please Select Please Select Please Select *If additional space is needed, please use last page. tea.. 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 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 IR If yes, list said interest below: Date I License I Reason of Suspension, Revocation or Cancellation 114. CITIZENSHIP AND RESIDENCY REQUIREMENTS FOR A ( §15) PACKAGE STORE LICENSE ONLY : For Individual(s): 1. Are you a U.S. Citizen? 2. Are you a Massachusetts Residents? B.) For Corporation(s) and LLC(s) : 1. Are all Directors /LLC Managers U.S. Citizens? 2. Are a majority of Directors /1-LC Managers Massachusetts Residents? 3. Is the License Manager or Principal Representative a U.S. Citizen? C.) Shareholder(s), Member(s), Director(s) and Officer(s): Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑X No ❑ Yes X❑ No ❑ L. Are all Shareholders, Members, Directors, LLC Managers and Officers involved at least twenty -one (21) years old? Yes ❑ No ❑ 15. CITIZENSHIP AND RESIDENCY REQUIREMENTS FOR VETERANS CLUB LICENSE ONLY: A.) For Individual(s): 1. Are you a U.S. Citizen? B.) For Corporation(s) and LLC(s) 1. Are a majority of Directors/LLC Managers NOT U.S. Citizen(s)? RESTAURANT, HOTEL, CLUB, GENERAL ON PREMISE, TAVERN, Is the License Manager or Principal Representative a U.S. Citizen? Shareholder(s), Member(s), Director(s) and Officer(s): Are all Shareholders, Members, Directors, LLC Managers and Officers involved at least twenty -one (21) years old? Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ COSTS ASSOCIATED WITH LICENSE TRANSACTION: A. Purchase Price for Real Property: I I B. Purchase Price for Business Assets: 115,000 C. Costs of Renovations /Construction: 5,000 - -� D. Initial Start-Up Costs: E. Purchase Price for Inventory: F. Other: (Specify) G: TOTAL COST H. TOTAL CASH I. TOTAL AMOUNT FINANCED 5,000 00,000 25,000 F 25,000 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. �j The amounts listed in subsections (H) and (1) must total the amount reflected in (G). I17. PROVIDE A DETAILED EXPLANATION OF THE FORM(S) AND SOURCE(S) OF FUNDING FOR THE COSTS IDENTIFIED ABOVE (INCLUDE LOANS, MORTGAGES, LINES OF CREDIT, NOTES, PERSONAL FUNDS, GIFTS): PERSONAL FUNDS OF ANGELA J. LORDI. SOURCES ATTACHED. *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 16(1) 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 138? Yes ❑ No Q If yes, please describe: e-;, 11 PLEDGE: (i.e. COLLATERAL FOR A LOAN) Is the applicant seeking approval to pledge the license? ❑ Yes NX No 1. If yes, to whom: 2. Amount of Loan: 3. Interest Rate: 4. Length of Note: S. Terms of Loan: IB.) If a corporation, is the applicant seeking approval to pledge any of the corporate stock? E] Yes ❑X No 1. If yes, to whom: 2. Number of Shares: ) Is the applicant pledging the inventory? ❑ Yes nX No If yes, to whom: IMPORTANT ATTACHMENTS (7): If you are applying for a pledge, submit the pledge agreement, the promissory note and a vote of the Corporation /LLC approving the pledge. 20. CONSTRUCTION OF PREMISES: Are the premises being remodeled, redecorated or constructed in any way? If YES, please provide a description of the work being performed on the premises: ❑X Yes M No TRUCTION OF TWO NEW PARTITION WALLS FOR OFFICE AND KITCHEN. NEW DROPPED CEILING ABOVE KITCHEN AREA AND ,E SOFFIT HUNG ABOVE CHEESE AND COFFEE AREA. NEW LIGHTING AND PLUMBING TO ACCOMMODATE SINKS, SOFFITS RECESSED LIGHTS ABOVE WINDOWS. NEW FIRE SPRINKLER HEADS AND EXITING SIGNAGE FOR FIRE CODE COMPLIANCE. NEW _FRONT SIGNAGE. 21. ANTICIPATED OPENING DATE: LILY 15, 2013 IF ALL OF THE INFORMATION AND ATTACHMENTS ARE NOT COMPLETE THE APPLICATION WILL BE RETURNED SiL'L ct 13'-5k. COLUMNS T + 3' -0° BE ENCASED, SURFACES T.B.D. L�J CASH WRAP �¢ EEER BIER EEER �LEq BEER �ER 1J' -1 PL BIN FOR SINK TO RUN UP AND HALF-HEIGNT OVER AISLE GATE ,PROPOSED SOFFIT ABOVE ' � MAIN ENTRY WE Y •••••• TAGING FOR 1J'1' VANDOWDISPLAYS OLUMNS • BE ENCASED, • SURFACES T.B.D. wSPIAY \1 • • • • • • • 1 TAME ii ELATwNi wsPUrErETFr PF OFFICE I ow SHE NO ' EXIST. AROUND NEW PARTITION WALL DIMENSIONS PROVIDED FOR COLUMN OVERVIEW PURPOSES ONLY. ALL _ WINE MATH LIGHTING ���FFFROPOSED / SOFFIT ABOVE • COLUMNS T + 3' -0° BE ENCASED, SURFACES T.B.D. L�J CASH WRAP �¢ EEER BIER EEER �LEq BEER �ER 1J' -1 PL BIN FOR SINK TO RUN UP AND HALF-HEIGNT OVER AISLE GATE ,PROPOSED SOFFIT ABOVE ' � MAIN ENTRY WE Y •••••• TAGING FOR 1J'1' VANDOWDISPLAYS OLUMNS • BE ENCASED, • SURFACES T.B.D. wSPIAY \1 • • • • • • • 1 TAME ii ELATwNi wsPUrErETFr PF OFFICE I ow fgE)GE G TAME Q tO ANE VNO RAMP TO PARKING INSULATION. ' EXIST. NOTE: NEW PARTITION WALL DIMENSIONS PROVIDED FOR ANELNNO UNITt Y.T1 U)CI4AME. ELUFq D0011! OVERVIEW PURPOSES ONLY. ALL NEW SOFFIT DIMENSIONS TO BE VERIFIED IN MATH LIGHTING FIELD PRIOR TO CONSTRUCTION • • NEW STAGING • • FOR VANDOW T-- 13'4'T DISPLAY EIOEwAUc fgE)GE G TAME Q tO ANE VNO RAMP TO PARKING ' ETOREFRONTAOFBTCONLEPt LEGEND ' EXISTING WALL SHELVING BUILT NEW PARTITION WALL ANELNNO UNITt Y.T1 U)CI4AME. ELUFq D0011! OVER PASTA OV���FPo:E SOFFIT ABOVE - SEE PLAN FOR HEIGHT . • • PLAN FOR HEIGHT • • n • • • i • • • • i • • • • • • ' ETOREFRONTAOFBTCONLEPt DRAWN BY: LINDA JOY MULLEN DESIGNS PAMPLEMOUSSE - READING CONCEPT FLOOR PLAN (619) 207 -8773 SCALE: 11 -0'1= Y811 linda_mullen @hotmail.com 26 HAVEN STREET, READING MA, 01867 APRIL 22, 2013 e LEGEND ' EXISTING WALL NEW PARTITION WALL TO B.O. DROPPED CEILING SOFFIT ABOVE - SEE PLAN FOR HEIGHT . DROPPED CEILING - SEE PLAN FOR HEIGHT • • 4' -0x MIN. MEANS OF EGRESS PASTA FRIDGE DISHWASHER CONVECTION OVEN 0 HAND SINK DRAWN BY: LINDA JOY MULLEN DESIGNS PAMPLEMOUSSE - READING CONCEPT FLOOR PLAN (619) 207 -8773 SCALE: 11 -0'1= Y811 linda_mullen @hotmail.com 26 HAVEN STREET, READING MA, 01867 APRIL 22, 2013 e CURB CUT SEE EXHIBIT 2 N: 22 C- 1872 -01 — APPUCANT /OWNER: ST. ATHANASIUS PARISH 312 HAVERHILL STREET READING, MA 01867 PROJECT: ST. ATHANASIUS PARISH 312 HAVERHILL STREET READING, MA PROJECT NO. 1872 -01 DATE: 0408-2013 SCALE: 1s -20' DWG. NAME: C1872 -01 DESIGNED BY: BES CHECKED W. TJW PaPYAPdI) BY: AAjwk ALLEN & MAJOR ASSOCIATES, INC. civil k structural engineering •land surveying environmental consulting • landscape architecture w a j o a o m w 100 COMMERCE WAY P.O. BOX 9118 WOBURN MA 01888-0118 TEL: (781) 985-6889 PAX: (781) 985.9896 W—URN, MA*LAaEVILLE, MAOMANCHESTRR, NH THIS DRAWING HAS BEEN PREPARED N ELECTRONIC FORMAT. CIJEPIf/CIIFIAY RFPRESEMA7111E ql IDNSIION JMY BE PROVIDED COMES t>F OM1MIIfd AND SIECBKA7101A ON MAGNETIC MEDIA FOR Wg/IIFIt NfDI11AATION AND USE fdI51ECIRC APPl1CATION TO THIS PRO1ECf. DUE 70111E POIEMML THAT. MAGNETIC NFI .IRON MAY BE MODIFIED UNNIFNIWNNLY OR OTHHMM1SE, AILEN B MAJOR ASSOCIATES, INC MAY REMOVE Ill INDICATION OF THE DOCU6*NTS AUTHORSHIP ON THE MAGNETIC MEDIA PRINTED REPRESENTATIONS OF THE WAWNGS AND SPECIFICATIONS ISSUED SHALL BE THE ONLY RECORD COPES OF AUEN R MAJOR ASSOCIATES, RIGS woRR PRODUCE. DRAWING TITLE: SHEET No. CURB CUT PLAN EX -1 Copyrigh 02013 AH. B: MWA— ciares, Inc Al /Rights Reserved TO: Board of Selectmen From: Peter I. Hechenbleikner, Town Manager P. Date: Wednesday, May 01, 2013 Re: Medical Marijuana Dispensaries The Attorney General has turned down the Zoning Bylaw amendment passed at the 2012 Subsequent Town Meeting which prohibited Medical Marijuana Dispensaries in all zoning districts of the Town. The AG's decision, and the more detailed decision regarding Wakefield which is referenced in the Reading decision, is attached. Also attached is the decision upholding the moratorium imposed by Burlington. The intent of this memo and discussion by the Board of Selectmen is to evaluate options that the Town has, and to provide direction as to which one or more of these options to pursue. The options available to the Town, as I understand it, are the following: • Join Wakefield in its appeal of the AG decision. Town Counsel will I will ask Tom Mullen (Town Counsel in Wakefield) to send him copies of his pleadings so that he can review and comment further before Tuesday. • Impose a moratorium of XX months while the Town studies the options (and sees what the DPH regulations are); A moratorium can be imposed by Town Meeting for a reasonable period of time during which the community is studying the potential effects. Town Counsel will check the time periods involved in other recently adopted bylaws. • Establish zoning regulations permitting dispensaries in certain zoning districts and with certain conditions (maybe as a special permit); (Maybe in the same PUD /Industrial area that adult uses are permitted ?) Town Counsel would recommend a special permit procedure which, pursuant to MGL c. 40A, §6, would be in force and effect as of the first date of the publication of the CPDC notice of public hearing, even before Town Meeting action. • Do nothing, and see what happens. expect Health Administrator Ruth Clay, and perhaps members of the RCASA Board to be present at the Selectmen's meeting. RCASA Director Erica McNamara and Town Counsel are not available for this meeting. SJ 1 • Pana 1 Hechenbleikner, Peter From: Elaine <elwsail41 @verizon.net> Sent: Monday, April 29, 2013 12:33 PM To: Hechenbleikner, Peter Cc: Abate, Richard; Amy Vendt - BOD +YMCA; Baccari, AnnMarie; Larry Berkowitz; Chuck Robinson - School Committee; Cormier, Jim; Doherty John; Dwyer, James - State Rep; Steve Goldy forwarding account; Hand, Richard; Hand, Richard - home; Hanifan, Maureen; Town Manager; Kalogeris, Sophia; Kevin Higginbottom - RMHS principle; Lynn Dunn; Moscato, Jason; Pace, Kelsie; Ranno, Patrice; Roberto, Mellisa (Hallmark Health); Clay, Ruth; Santasky, Corey; Scott Freeman; Senders, Joanne; Shannon, Patrick; Tillitson, MaryAnn; UU Church Rev. Tim; Whelan, Meghan; Zaya, Tom; DeAngelis, Julianne Subject: Re: BOS 5 -7 -13 - Marijuana bylaw options Peter, My recommendations for actions are as follows; first join Wakefield in the appeal, second put a maximum moratorium in place to study options including zoning. The next two options I consider backing down from all we believe and have worked for and setting aside the voice and direction of TM. As a last resort we should zone this purpose to the PUD /Industrial District. I do not consider doing nothing an option. I will plan on being at the BOS meeting, please forward the agenda to the RCASA board so all are aware of the timing. Thank you Peter. Elaine Webb Sent from Elaine's iPhone On Apr 29, 2013, at 11:09 AM, "DeAngelis, Julianne" <ideangelis @ci.reading.ma.us> wrote: FYI re�mrdln(, marijuana dispensary zoning b0aFe. Best Regards, RCASA Outreach Coordinator 15 Union Street Reading, MA 01867 -2683 781 - 942 -6756 From: McNamara, Erica Sent: Monday, April 29, 2013 10:33 AM To: DeAngelis, Julianne Subject: FW: BOS 5 -7 -13 - Marijuana bylaw options Can you send to the board? I have to be at the PTO meeting at RMHS that night. From: Hechenbleikner, Peter Sent: Monday, April 29, 2013 9:54 AM To: McNamara, Erica; Clay, Ruth Cc: Delios, Jean; GSBrackett@BrackettLucas.com Subject: BOS 5 -7 -13 - Marijuana bylaw options On the Board of Selectmen agenda for 5 -7 -13 is a discussion on the options for Reading now that the AG has turned down the Zoning Bylaw. The intent is to suggest options that the Town has, which as I understand it, are the following: S 21 • Join Wakefield in its appeal of the AG decision • Impose a moratorium of XX months while the Town studies the options (and sees what the DPH regulations are); What are the parameters of moratoria — how long can you do a moratorium for? • Establish zoning regulations permitting dispensaries in certain zoning districts and with certain conditions (maybe as a special permit); Same area that adult uses are permitted — PUD /Industrial District? • Do nothing, and see what happens. Any /all of you are welcome to attend and participate, or give me input prior to this Thursday at noon when I put together a memo to the Board of Selectmen. 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 wln?w.readinc�m_a..gq , email town managercr ciwreading•.m!.us Please let us know how we are doing - fill out our brief customer service survey at http:Hreadingma- survey.virtualtownhall. net /survey /sid /l 9ab55aed08fbc96/ 5J3 APPLICANT'S STATEMENT 1, IANE MANAHAN I the ❑sole proprietor;❑ partner, 0 corporate principal; ❑ LLC /LLP member Of AMPLEMOUSSE, INC. , hereby submit this application for INACKAGE STORE UCENSE (hereinafter the "Application "), to the local licensing authority (the "LLA ") and the Alcoholic Beverages Control Commission (the "ABCC" and together with the LLA collectively the "Licensing Authorities ") for approval. I do hereby declare under the pains and penalties of perjury that 1 have personal knowledge of the information submitted in the Application, and as such affirm that all statement and representations therein are true to the best of my knowledge and belief. 1 further submit the following to be true and accurate: (1) 1 understand that each representation in this Application is material to the Licensing Authorities' decision on the Application and that the Licensing Authorities will rely on each and every answer in the Application and accompanying documents in reaching its decision; (2) 1 state that the location and description of the proposed licensed premises does not violate any requirement of the ABCC or other state law or local ordinances; (3) 1 understand that while the Application is pending, I must notify the Licensing Authorities of any change in the information submitted therein. I understand that failure to give such notice to the Licensing Authorities may result in disapproval of the Application; (4) 1 understand that upon approval of the Application, I must notify the Licensing Authorities of any change in the Application information as approved by the Licensing Authorities. 1 understand that failure to give such notice to the Licensing Authorities may result in sanctions including revocation of any license for which this Application is submitted; (5) 1 understand that the licensee will be bound by the statements and representations made in the Application, including, but not limited to the identity of persons with an ownership or financial interest in the license; (6) 1 understand that all statements and representations made become conditions of the license; (7) 1 understand that any physical alterations to or changes to the size of, the area used for the sale, delivery, storage, or consumption of alcoholic beverages, must be reported to the Licensing Authorities and may require the prior approval of the Licensing Authorities; (8) 1 understand that the licensee's failure to operate the licensed premises in accordance with the statements and representations made in the Application may result in sanctions, including the revocation of any license for which the Application was submitted; and (9) 1 understand that any false statement or misrepresentation will constitute cause for disapproval of the Application or sanctions including revocation of any license for which this Application is submitted. Title: PRESIDENT Date: PRIL 21, 2013 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: A. Legal Name of Licensee PAMPLEMOUSSE, INC. B. Business Name (dba) D. ABCC License Number C. Address F HAVEN STREET (If existing licensee) E. City/Town READING State MA Zip Code 01867 F. Phone Number of Premise 78- 745 -2900 G. EIN of License PERSONAL INFORMATION: A. Individual Name IDIANE MANAHAN B. Home Phone Number C. Address F 22 HAZEL STREET D. City/Town SALEM State MA Zip Code 01970 E. Social Security Number F. Date of Birth G. Place of Employment PAMPLEMOUSSE, INC. 3. BACKGROUND INFORMATION: Have you ever been convicted of a state, federal or military crime? Yes ❑ No ❑x If yes, as part of the application process, the Individual must attach an affidavit as to any and all conviction. The affidavit most include the city and state where the charges occurred as well as the disoositioa of the convictions. FINANCIAL INTEREST: Provide a detailed description of your direct or indirect, beneficial or financial interest in this license. HAREHOLDER OF CORPORATION WITH 50% INTEREST. EMPLOYED AS MANAGER BY THE CORPORATION. IMPORTANT ATTACHMENTS (8): For *If additional space is needed, please use the last page I hereby swear under the pains accurate: Signature months of bank statements for the source(s) of this cash. penalties of perjury that the information I have provided in this application is true and Date F PRIL 21, 2013 Title PRESIDENT I (If Corporation /LLC Representative) kilp 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: B. Business Name (dba) A. Legal Name of Licensee Pamplemousse, Inc. D. ABCC License Number - 3160,- jig C. Address I �Itia► 2!p �I,AVFIII ST (If existing licensee) E. City/Town Reading State MA Zip Code 01867 F. Phone Number of Premise 81- 944 -4521 G. EIN of License PERSONAL INFORMATION: r--- A. Individual Name lAngela J. Lordi B. Home Phone Number C. Address 33 Bow Rd D. City/Town Wayland State MA Zip Code 01778 E. Social Security Number F. Date of Birth G. Place of Employment Iretired 3. BACKGROUND INFORMATION: Have you ever been convicted of a state, federal or military crime? yes ❑ No ❑x 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 shames occurred as well as the disposition of the convictions. FINANCIAL INTEREST: Provide a detailed description of your direct or indirect, beneficial or financial interest in this license. Currently own 50% of the business as a passive Investor in corporation. This position will change to a greater percentage after the purchase of this license. IMPORTANT ATTACHMENTS (8): For all cash *If additional space is needed, please use the last page months of bank statements for the 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 /4/2012 5a. 1-7 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. 1. LICENSEE INFORMATION: Legal Name of Licensee: AMPLEMOUSSE, INC. -� Business Name (dba): Address: 6 HAVEN STREET City/Town: READING State: MA Zip Code: 01867 ABCC License Number: Phone Number of Premise: 78 -745 -2900 (If existing licensee) 2. MANAGER INFORMATION: A. Name: IDIANE MANAHAN B. Cell Phone Number: 1 C. List the number of hours per week you will spend on the licensed premises: 30 3. CITIZENSHIP INFORMATION: A. Are you a U.S. Citizen: Yes © No E] B. Date of Naturalization: c Court of Naturalization: (Submit proof of citizenship and /or naturalization such as US Passport, 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 ❑X No If yes, please describe: rAMPLEMOUSSE, INC 185 -189 ESSEX ST, SALEM, MA 01970 CORPORATE OFFICER WITH 50 % INTEREST B. Have you ever been the Manager of Record of a license to sell alcoholic beverages that has been suspended, revoked or cancelled? Yes n No �X If yes, please describe: C. Have you ever been the Manager of Record of a license that was issued by this Commission? Yes r No E] If yes, please describe: AMPLEMOUSSE, INC 185 -189 ESSEX STREET, SALEM, MA 01970 D. Please list your employment for the past ten years (Dates, Position, Employer, Address and Telephone): JULY 2002- PRESENT - MANAGER, PAMPLEMOUSSE, INC., 185 -189 ESSEX STREET, SALEM, MA 01970 978 - 745 -2900 I hereby swear under a and penajd4s of perj ' that the information 1 have provided in this application is true and accurate: Signature Date PRIL 21, 2013 TO CommonWpaztb of Maooarbuormv Examiner William Francis Galvin Secretary of the Commonwealth One Ashburton Place, Boston, Massachusetts 02108 -1512 Name Approved C P M R.A. P.C. ARTICLES OF ORGANIZATION (General Laws, Chapter 156B) ARTICLE I The exact name of the corporation is: Pamplemousse, Inc. ARTICLE II The purpose of the corporation is to engage in the following business activities: To engage in the business of selling home and kitchen goods, including but not limited to, chilren's toys, jewelry, personal care products, cards, gift wrap and paper products�sedible items; and To carry on any business or other activity which may be lawfully carried on by a corporation organized under the Business Corporation Law of the Commonwealth of Massachusetts, whether or not related to those referred to hereinabove. Note: If the space provided under any article or item on this form is insufficient, additions shall he set forth on one side only of separate 8 112 x 11 sheets of paper with a left margin of at least I inch. Additions to more than one article may he made on a single sheet so long as each article requiring each addition is clearly indicated. �� r15 ^6,bert M5I00 G w M 0 0 � 1V c7 r,j (n c� .� CD Note: If the space provided under any article or item on this form is insufficient, additions shall he set forth on one side only of separate 8 112 x 11 sheets of paper with a left margin of at least I inch. Additions to more than one article may he made on a single sheet so long as each article requiring each addition is clearly indicated. �� r15 ^6,bert M5I00 G w M ARTICLE III State the total number of shares and par value, if any, of each class of stock which the corporation is authorized to issue. WITHOUTPARVALUE WITH PARVALUE TYPE NUMBEROFSHARES TYPE NUMBEROFSHARES PARVALUE Common: 200,000 Common: Preferred: Preferred: ARTICLE IV If more than one class of stock is authorized, state a distinguishing designation for each class. Prior to the issuance of any shares of a class, if shares of another class are outstanding, the corporation must provide a description of the preferences, voting powers, qualifications, and special or relative rights or privileges of that class and of each other class of which shares are outstanding and of each series then established within any class. None ARTICLE V The restrictions, if any, imposed by the Articles of Organization upon the transfer of shares of stock of any class are: None ARTICLE VI * *Other lawful provisions, if any, for the conduct and regulation of the business and affairs of the corporation, for its voluntary dissolution, or for limiting, defining, or regulating the powers of the corporation, or of its directors or stockholders, or of any class of stockholders: See Continuation "sheet 6 ` *If the" are no provisions state None'. Note. The preceding six (6) articles are considered to be permanent and may ONLY be changed by fsling appropriate Articles of Amendment. Continuation Sheet 6 6A. SPECIAL PROVISIONS ONE: The board of directors is authorized to make, amend or repeal the bylaws of the corporation in whole or in part, except with respect to any provision thereof which by law, by these articles of organization or by the bylaws requires action by the stockholders. TWO: Meeting of the stockholders of the Corporation may be held anywhere within the United States. THREE: The Corporation may be a partner in any business enterprise which it would have power to conduct by itself. FOUR: No director of the Corporation shall be personally liable to the Corporation or its stockholders for monetary damages for a breach of fiduciary duty as a director notwithstanding any provision of law imposing such liability; provided, however that the foregoing shall not eliminate or limit the liability of a director, to the extent that such liability is imposed by applicable law, (i) for a breach of the director's duty of loyalty to the Corporation or its stockholders, (ii) for acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of the law, (iii) under Sections 61 or 62 of Massachusetts General Laws Chapter 156B, or (iv) for any transaction from which the director derived an improper personal benefit. No amendment to or repeal of any provision of this paragraph, directly or by adoption of an inconsistent provision of these Articles of organization, shall apply to or have any effect on any liability or alleged liability of any director of the corporation for or with respect to any acts or omissions of such director occurring prior to such amendment or repeal. 6B. INDEMNIFICATION ONE: The corporation shall, to the fullest extent permitted by the applicable provisions of Chapter 156B of the Massachusetts General Laws, as amended from time to time, indemnify each person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, by reason of the fact that he is or was, or has agreed to become, a director or officer of the corporation, or is or was serving, or has agreed to serve, at the request of the corporation, as a director or officer of, or in a similar capacity with, another organization or in any capacity with respect to any employee benefit plan of the corporation (all such persons being referred to hereafter as an "Indemnitee "), or by reason of any action alleged to have been taken or omitted in such capacity, against all expenses (including attorneys' fees), judgments, fines and amounts paid in settlement incurred by or on behalf of an Indemnitee in connection with such action, suit or proceeding and any appeal therefrom, unless such Indemnitee shall be finally adjudicated in such action, suit or proceeding not to have acted in good faith in the reasonable belief that his action was in the best interests of the corporation or, to the extent such matter Sa-Z -t relates to service with respect to an employee benefit plan, in the best interests of the participants or beneficiaries of such employee benefit plan. TWO: Notwithstanding the provisions of Section one of this Article, in the event that a pending or threatened action, suit or proceeding is compromised or settled in a manner which imposes any liability or obligation upon an Indemnitee in a matter for which such Indemnitee would otherwise be entitled to indemnification hereunder, no indemnification shall be provided to such Indemnitee with respect to such matter if it is determined that such Indemnitee did not act in good faith in the reasonable belief that his action was in the best interests of the corporation or, to the extent such matter relates to service with respect to an employee benefit plan, in the best interests of the participants or beneficiaries of such employee benefit plan. THREE: As a condition precedent to his right to be indemnified, the Indemnitee must notify the corporation in writing as soon as practicable of any action, suit, proceeding or investigation involving him for which indemnity will or could be sought. With respect to any action, suit, proceeding or investigation of which the corporation is so notified, the corporation will be entitled to participate therein at its own expense and/or to assume the defense thereof at its own expense, with legal counsel reasonably acceptable to the Indemnitee. FOUR: In the event that the corporation does not assume the defense of any action, suit, proceeding or investigation of which the corporation receives notice under this Article, the corporation shall pay in advance of the final disposition of such matter any expenses (including attorneys' fees) incurred by an Indemnitee in defending a civil or criminal action, suit, proceeding or investigation or any appeal therefrom; provided, however, that the payment of such expenses incurred by an Indemnitee in advance of the final disposition of such matter shall be made only upon receipt of an undertaking by or on behalf of the Indemnitee to repay all amounts so advanced in the event that it shall ultimately be determined that the Indemnitee is not entitled to be indemnified by the corporation as authorized in this Article, which undertaking shall be accepted without reference to the financial ability of the Indemnitee to make such repayment; and further provided that no such advancement of expenses shall be made if it is determined that the Indemnitee did not act in good faith in the reasonable belief that his action was in the best interests of the corporation or, to the extent such matter relates to service with respect to an employee benefit plan, in the best interests of the participants or beneficiaries of such employee benefit plan. FIVE: All determinations hereunder as to the entitlement of an Indemnitee to indemnification or advancement of expenses shall be made by: (a) a majority vote of a quorum of the directors of the corporation, (b) a majority vote of a quorum of the outstanding shares of stock of all classes entitled to vote for directors, voting as a single class, which quorum shall consist of stockholders who are not at that time parties to the action, suit or proceeding in question, (c) independent legal counsel (who may, to the extent permitted by law, be regular legal counsel to the corporation), or (d) a court of competent jurisdiction. 2 'a,Z-2-- SIX: The corporation shall not indemnify an Indemnitee seeking indemnification in connection with a proceeding (or part thereof) initiated by such Indemnitee unless the initiation thereof was approved by the Board of Directors of the corporation. In addition, the corporation shall not indemnify any such Indemnitee to the extent such Indemnitee is reimbursed from the proceeds of insurance, and in the event the corporation makes any indemnification payments to any such Indemnitee and such Indemnitee is subsequently reimbursed from the proceeds of insurance, such Indemnitee shall promptly refund such indemnification payments to the corporation to the extent of such insurance reimbursement. SEVEN: The indemnification rights provided in this Article (i) shall not be deemed exclusive of any other rights to which an Indemnitee may be entitled under any law, agreement or vote of stockholders or directors or otherwise, and (ii) shall inure to the benefit of the heirs, executors and administrators of such Indemnitees. The corporation may, to the extent authorized from time to time by its Board of Directors, grant indemnification rights to other employees or agents of the corporation or other persons serving the corporation and such rights may be equivalent to, or greater or less than, those set forth in this Article. 3 S�V-Z3 ARTICLE VII The effective date of organization of the corporation shall be the date approved and filed by the Secretary of the Commonwealth. If a later effective date is desired, specify such date which shall not be more than thirty days after the date of filing. ARTICLE VIII The information contained in Article VIII is not a permanent part of the Articles of Organization. a. The street address (post office boxes are not acceptable) of the principal office of the corporation in Massachusetts is: 99 Washington Street Salem, Massachusetts 01970 b. The name, residential address and post office address of each director and officer of the corporation is as follows: NAME President: Diane Robinson Treasurer: Diane Robinson Clerk: Diane Robinson Directors: Diane Robinson RESIDENTIALADDRESS POST OFFICE ADDRESS 28 Sylvan Street Melrose, MA 02176 SAME SAME SAME SAME c. The fiscal year (i.e., tax year) of the corporation shall end on the last day of the month of: December 31 d. The name and business address of the resident agent, if any, of the corporation is: None ARTICLE IX By -laws of the corporation have been duly adopted and the president, treasurer, clerk and directors whose names are set forth above, have been duly elected. IN WITNESS WHEREOF AND UNDER THE PAINS AND PENALTIES OF PERJURY, I /we, whose signature(s) appear below as incorporator(s) and whose name(s) and business or residential address(es) are clearly typed or printed beneath each signature do hereby associate with the intention of forming this corporation under the provisions of General Laws, Chapter 156B and do hereby sign these Articles of Organization as incorporator(s) this day of - , 20 , &VVV'� Note: If an existing corporation is acting as incorporator, We in the exact name of the corporation, the state or other jurisdiction where it was incorporated, the name of the person signing on behalf of said corporation and the title he /she holds or other authority by which such action is taken. THE COMMON WEALTH OF MASSACHUSETTS ARTICLES OF ORGANIZATION (General Laws, Chapter 156B) I hereby certify that, upon examination of these Articles of Organiza- tion, duly submitted to me, it appears that the provisions of the General Laws relative to the organization of corporations have been complied with, and I hereby approve said articles; and the filing fee in the amount of $ having been paid, said articles are deemed to have been filed with me this day of 20 Effective date: WILLIAM FRANCIS GALVIN Secretary of the Commonwealth FILING FEE: One tenth of one percent of the total authorized capital stock, but not less than $200.00. For the purpose of filing, shares of stock with a par value less than $1.00, or no par stock, shall be deemed to have a par value of $1.00 per share. TO BE FILLED IN BY CORPORATION Photocopy of document to be sent to: Laurie Hauber, Esq. 294 Washington Street, Suite 443 Boston, Massachusetts 02108 617 - 482 -1145 Telephone: 2113113 The Conyrnmealth of Massachusetts William Francis Galin - Public Browse and Search The Commonwealth of Massachusetts William Francis Galvin Secretary ofthe Commonwealth, Corporations Division One Ashburton Place, 17th floor Boston, MA 02108 -1512 :� }� Telephone: (617) 727 -9640 PAMPLEMOUSSE, INC. Summary Screen (D ti +s ..un t?u�.crn .40' fin Request a Certificate The exact name of the Domestic Profit Corporation: PAWLEMOUSSEy INC. Entity Type: Domestic Profit Corporation Identification Number. 371422114 Old Federal Employer Identification Number (Old FEIN): Date of Organization in Massachusetts: 02/26/2002 Data of Revival: 01/31/2013 Date of Involuntary Dissolution by Court Order or by the SOC: 06/18/2012 Current Fiscal Month / Day: 12 / 31 The location of its principal office: No. and Street: 185 -9 ESSEX ST. City or Town: SAL�1 State: MA Zip: 01970 County.. USA If the business entity is organized wholly to do business outside Massachusetts, the location of that office: No. and Street: City or Town: State: Zip: Country. Name and address of the Registered Agent: Name: DIANE ROBINSON MANAHAN No. and Street: 8 CHARLES ST, City or Town: SALEM State: MA Zip: 01970 Country: USA The officers and all of the directors of the corporation: Title Individual Name Address (no PO Box) Expiration Fns, Middle, Last, Suffix Address, City or Town, State, Tap Code of Term PRESIDENT DIANE ROBINSON- MANAHAN 8 CHARLES ST. M NONE SALEM, MA 01970 USA i TREASURER -DIANE ROBINSON- MANAHAN ( 8 CHARLES ST. [ SALEM, MA 01970 USA e ' i .40' fin V13113 The Conmonwealth d Massachusetts William Francis Galan - Public Browse and Search SECRETARY DIANE ROBINSON- MANAHAN 8 CHARLES ST. NONE SALEM, MA 01970 USA S VICE PRESIDENT ANGELA JANE LORD! 33 BOW RD. WAYLAND, MA 01778 USA t � ` DIRECTOR 1 DIANE ROBINSON- MANAHAN 8 CHARLES ST. NONE j SALEM, MA 01970 USA r i DIRECTOR ANGELA JANE LORDI 33 BOW RD. i WAYLAND, MA 01778 USA business entity stock is publicly traded: _ The total number of shares and par value, if any, of each class of stock which the business entity is authorized to issue: Par Value Per Share Total Authorized by Articles Total Issued Gass of Stock Enter 0 if no Par of Organization or Amendments and Outstanding Num of Shares Total Par Value Num of Shares CNP $0.00000 200,000 �_ -� $0.00 0 _ Consent _ Manufacturer _ Confidential Data _ Does Not Require Annual Report _ Partnership _ Resident Agent _ For Profit _ Merger Allowed Select a type of filing from below to view this business entity filings: FIFILINGS �ALL Adml inistratiw Dissolution Annual Report i Application For Re%i%el j Articles of Amendment Vew,Ftitngs . . ,. Mew Search , Comments C 2001 - 2013 Commonwealth of Massachusetts All Rights Reserved Helo ____ _ a .. i ... ems., tier, r cm ...c.w»rvaan9RF.arlFrrvriDR =Tn &UodateAllowed= BFEIN= 371472114 ���� Z2 LEXINGTON February 4, 2013 The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 238 Causeway Street Boston, MA 02114 To whom it may concern, This letter is to verify that the funds to purchase Pamplemousse in Reading, Massachusetts will come from Angela Lordi's investment account at Charles Schwab. Lexington Wealth Management is the Investment Advisor for Angela. She has a net worth of investable assets in excess of $2 million. Please contact me with any further questions at 781 - 860 -7745. Sincerely, K3" -j ",/" V"Zor -t� Brenda VanderSluis V.P. of Operations 12 Waltham Street 11 Penn Plaza, Suite 2202 Lexington Wealth Management Lexington, MA 02421 New York, NY 10001 800 - 626 -1566 781- 860 -7745 fax 781- 862 -4392 212 -697 -3930 fax 212- 268 -2127 www.lexingtonwealth.corn Schena, Paula From: Wilson, Jessie Sent: Thursday, April 18, 2013 11:13 AM To: Schena, Paula; Delios, Jean; Zambouras, George Subject: RE: curb cut request Hi Paula, St. Athanasius underwent Site Plan Review with the CPDC and received approval on January 14, 2013. As required by the decision, the Applicant must receive a variance for the proposed driveway widths. I reviewed the drawings submitted as part of the Curb Cut Variance and Curb Cut Approval request and they appear to be consistent with what was previously approved by the CPDC under Site Plan Review. Should the Board of Selectmen request and /or require any changes to the design of the proposed curb cuts, the Applicant must then also seek approval for a Modification to the approved Site Plan, Thanks, 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: Thursday, April 11, 2013 3:01 PM To: Delios, Jean; Wilson, Jessie; Zambouras, George Subject: curb cut request Please review and comment on the attached curb cut request. This is on the May 7 Selectmen's agenda. Paula Schena Office Manager Town of Reading 16 Lowell Street Reading, MA 01867 Phone: 781 - 942 -6643 Fax: 781 - 942 -9071 pschenaa -ci. reading. ma. us www.readingma.gov Town Hall Hours: Monday, Wednesday and Thursday - 7:30 a.m. - 5:30 p.m. Rm t 05 �' 'I, \� Transmittal To: Peter I. Hechenbleikner From: Town Manager 16 Lowell Street A &M Project #: Reading, MA 01867 Date: Re: Jean Delios, Community Services Director C0f' George Zambouras, P.E., Town Engineer ALLEN & MAJOR ASSOCIATES, INC. 100 Commerce Way P.O. Box 2118 Woburn, MA 01888-0118 Tel: (781) 935 -6889 Fax:(781) 935 -2896 Bridget Souza 1872 -01 April 10, 2013 St. Athanasius Parish Curb Cut Variance Request We are transmitting Rl herewith ❑ under separate cover ❑ by FedEx ❑ by Mail 0 by Messenger: ❑Priority ❑Standard ❑ Originals 0 Prints ❑ Shop Drawings • Copy of Letter • Specifications • Report • Certification • CD • Other Copies Document Date Description 1 04 -08 -2013 Curb Cut Variance Request Letter w/ Exhibit Attachments (Ex1 -Curb Cut Plan, Ex -2- Proposed Curb Cut, Ex -3- Existing Curb Cut Widening) These items are transmitted: 0 For approval ❑ As requested N Q O a .ot e+� P+ 0 For your use 0 For review and comment ndg S ' Email: bsouza @allenmajor.com civil & structural engineers • land surveyors • environmental consultants • landscape architects www.allenmajor.com 5$ April 8, 2013 Board of Selectmen Reading Town Hall 16 Lowell Street Reading, MA 01867 Dear Board of Selectmen Members: A#A ALLEN & MAJOR ASSOCIATES, INC. 100 Commerce Way P.O. Box 2118 Woburn, MA 01888 -0118 Tel: (781) 935 -6889 Fax: (781) 935-2896 RE: A &M Project #1872 -01 St. Athanasius Parish 312 Haverhill Street Reading, MA Curb Cut Variance Application Allen & Major Associates, on behalf of St. Athanasius Parish, respectfully submits this letter to request a Curb Cut Variance and Curb Cut Approval for 312 Haverhill Street, Reading, MA. The proposed site improvements include the widening of the existing curb cut and a proposed second curb cut. The attached Exhibit 1 shows the two proposed curb cuts. The curb cuts are approximately 214 feet apart from each other. The existing curb cut provides two way access to the existing parking lot. The existing width at the property line is 47.7 feet with one entrance lane and one exit lane. The reconfiguration of the curb cut will increase the width to 48.7 feet. The driveway will then be striped to provide one entrance lane and two exit lanes. Exhibit 3 shows the proposed curb cut in detail. The second (new) proposed curb cut will serve as a one -way entrance to the existing parking lot while also providing direct access to the front of the parish. The proposed curb cut width at the property line is 37.3 feet. Exhibit 2 shows the proposed curb cut in detail. All work will be in accordance with Town of Reading requirements. The selected contractor will be one approved by the Town of Reading. The selected contractor will be responsible for obtaining the street opening permit and providing the required fee. Thank you for your consideration of this request. If you have any questions or comments, please do not hesitate to contact our office. Very truly yours, ALLEN & MA OR ASSOCIATES, INC. Timothy J. Williams, P.E. Vice President Attachments: Exhibit 1 — Curb Cut Plan Exhibit 2 — Proposed Curb Cut Exhibit 3 — Existing Curb Cut Widening X63 civil & structural engineers • land surveyors • environmental consultants • landscape architects V VIVVI \LI L VY n I L- L- r- 1./n I r/111V I ACCESSIBLE RAMP REV. I DATE I DESCRIPTION AAAk ALLEN & MAJOR ASSOCIATES, INC. civil & structural engineering ♦ land surveying environmental consulting • landscape architecture w w a l l e n m a J o r. c o m 100 COMMERCE WAY P.O. BOX 2118 WOBURN MA 01888 -0118 TEL: (781) 935 -6889 FAX: (78 1) 935 -2896 Won, —, MA#LAKE ,ILLS, MA *M.sncnesTEK, NH PKUJtCI: PROPOSED CURB CUT ST. ATHANASIUS PARISH 312 HAVERHILL STREET PROJECT NO. 1872 -01 DATE: 04-08 -2013 READING, MA SCALE: V -10' DWG. NAME: C1872 -01 eopmsnteuAiRig Reessa�ed.°"a "a'� DESIGNED BY: BES CHECKED BY: TJW APPLICANT /OWNER: ST. ATHANASIUS PARISH, READING, MA THIS DRAWING HAS BEEN PREPARED IN ELECTRONIC FORMAT. CLIENT /CLIENT'S REPRESENTATIVE OR SHEET No. CONSULTANT MAY BE PROVIDED COPIES OF DRAWINGS AND SPECIFICATIONS ON MAGNETIC MEDIA FOR HIS /HER INFORMATION AND USE FOR SPECIFIC APPLICATION TO THIS PROJECT. DUE TO THE POTENTIAL THAT THE MAGNETIC INFORMATION MAY BE MODIFIED UNINTENTIONALLY OR OTHERWISE, C v ALLEN & MAJOR ASSOCJATES, INC. MAY REMOVE ALL INDICATION OF THE DOCUMENTS AUTHORSHIP C ON THE MAGNETIC MEDIA. PRINTED REPRESENTATIONS OF THE DRAWINGS AND SPECIFICATIONS ISSUED SHALL BE THE ONLY RECORD COPIES OF ALLEN & MAJOR ASSOCIATES, INC. S WORK PRODUCT. o� END CONCRETE SIDEWALK. 44r MATCH EXISTING BIT. CONC. SIDEWALK - CONCRETE � ACCESSIBLE RAMP "STOP" SIGN R1 -1 v REV. I DATE I DESCRIPTION 1' WIDE STOP BAR WHITE EPDXY PAINT 8' WIDE CROSSWALK WHITE EPDXY PAINT END CONCRETE SIDEWALK. MATCH EXISTING BIT. CONC. SIDEWALK Z_ \ c� CONCRETE ACCESSIBLE RAMP xtr�xt, PROJECT: ST. ATHANASIUS PARISH EXISTING CURB CUT WIDENING PROJECT NO. 1872 -01 DATE: 04-08 -2013 312 HAVERHILL STREET SCALE: 1" -10' DWG. NAME: C1872 -01 READING, MA Ccpynght0201 ABh� ' wistes, I.. ALLEN & MAJOR DESIGNED BY: BES CHECKED BY: TJW ASSOCIATES, INC. APPLICANT /OWNER: ST. ATHANASIUS PARISH, READING, MA civil & structural engineering • land surveying environmental consulting ♦ landscape architecture .. , I I e " m , ) " , . e " m 100 COMMERCE WAY P.O. BOX 488 WOBURN 1) 35-68 -0118 TEL: (781) 935 -6889 FAX: (781) 935 -2896 THIS DRAWING HAS BEEN PREPARED IN ELECTRONIC FORMAT. CLIENT /CLIENTS REPRESENTATIVE OR CONSULTANT MAY BE PROVIDED COPIES OF DRAWINGS AND SPECIFICATIONS ON MAGNETIC MEDIA FOR HIS /HER INFORMATION AND USE FOR SPECIFIC APPLICATION TO THIS PROJECT. DUE TO THE POTENTIAL THAT THE MAGNETIC INFORMATION MAY BE MODIFIED UNINTENTIONALLY OR OTHERWISE, ALLEN & MAJOR ASSOCIATES, INC. MAY REMOVE ALL INDICATION OF THE DOCUMENTS AUTHORSHIP ON THE MAGNETIC MEDIA. PRINTED REPRESENTATIONS OF THE DRAWINGS AND SPECIFICATIONS SHEET No. EX 3 Woxr xrv, MA *LAKEVILLE, MA*MexcuesrE.x, NH ISSUED SHALL BE THE ONLY RECORD COPIES OF ALLEN& MAJOR ASSOCIATES, INC.'S WORK PRODUCT. Hechenbleikner, Peter From: Delai , Mary <Mary.Delai @reading.k12.ma.us> Sent: Monday, April 29, 2013 11:46 AM To: Hechenbleikner, Peter; LeLacheur, Bob Cc: Doherty, John Subject: Intermunicipal Agreement Hi Peter & Bob, I believe that John may have shared with you, Peter, that we are looking at sharing our School Nutrition Director with Wakefield Public Schools. I have been working with Gary Brackett and Tom Mullen (Wakefield Town Counsel) as well as the Wakefield School Business Manager on drafting and IMA. We are planning on taking this to the School Committee for their approval on Monday, May 6th. We are hoping that the Board of Selectman can then vote on this agreement shortly thereafter. I am happy to come to present the matter to them. Can you tell me is the Board meeting on May 7th? Would it be possible for us to get on their agenda next week if they are meeting? We are trying to get this executed by mid -May to give our Director the opportunity to spend some time in Wakefield while the current Wakefield director is still employed by them. This will be important to a successful transition. Wakefield is planning to take action on this next week as well. I hope to have a copy of the final IMA later today or tomorrow which I can send to you. Feel free to call me if you have any questions or concerns. Thank you, Mary Mary C. DeLai Assistant Superintendent, Finance & Administration Reading Public Schools 82 Oakland Road Reading, MA 01867 Tel: 781 - 670 -2880 Fax: 781 - 942 -9149 Twitter: @MaryCDeLai MARTHA C.OAKLEY .' TToRNEY C/ENFRAL THE COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE ATTORNEY GENERAL Via Electronic Mail Amy E. Warfield, Town Clerk Town of Burlington 29 Center Street Burlington, MA 01803 CENTRAL MASSACHUSETTS DIVISION 10 MECHANIC STREET, SUITE 301 WORCESTER, MA 01608 March 13, 2013 (508) 792 -7600 (508) 795 -1991 fax WWW.1nass.r0v %ae0 RE: Burlington Annual Town Meeting of January 28, 2013 - Case # 6619 Warrant Articles # 1, 2, 3, 4 and 5 (Zoning) Dear Ms. Warfield: Articles 1, 2, 3, 4 and 5 - We approve the amendments to the Burlington by -laws adopted under these Articles on the warrant for the Burlington Annual Town Meeting that convened on January 28, 2013. Our comments on Article 5 are detailed below. Article 5 — The amendments adopted under Article 5 amend the Town's zoning by -laws to add a new Section 10.6, "Temporary Moratorium on Medical Marijuana Treatments Centers." The new Section 10.6 institutes a temporary moratorium, through June 30, 2014, on the use of land or structures for a medical marijuana treatment center (as defined in Section 10.6). The stated purpose of the temporary moratorium is: By vote at the State election on November 6, 2012, the voters of the Commonwealth approved a law regulating the cultivation, distribution, possession and use of marijuana for medical purposes. The law provides that it is effective on January 1, 2013 and the State Department of Public Health is required to issue regulations regarding implementation within 120 days of the law's effective date. Currently under the Zoning Bylaw, a Medical Marijuana Treatment Center is not a permitted use in the Town and any regulations promulgated by the State Department of Public Health are expected to provide guidance to the Town in regulating medical marijuana, including Medical Marijuana Treatment Centers. The regulation of medical marijuana raises novel and complex legal, planning, and public safety issues and the Town needs time to study and consider the regulation of Medical Marijuana Treatment Centers and address such novel and complex issues, as well as to address the potential impact of the State regulations on SJ- 4 local zoning and to undertake a planning process to consider amending the Zoning Bylaw regarding regulation of Medical Marijuana Treatment Centers and other uses related to the regulation of medical marijuana. The Town intends to adopt a temporary moratorium on the use of land and structures in the Town for Medical Marijuana Treatment Centers so as to allow the Town sufficient time to engage in a planning process to address the effects of such structures and uses in the Town and to enact bylaws in a manner consistent with sound land use planning goals and objectives. We approve this temporary moratorium because it consistent with the Town's authority to "impose reasonable time limitations on development, at least where those restrictions are temporary and adopted to provide controlled development while the municipality engages in comprehensive planning studies." Sturges v. Chilmark, 380 Mass. 246, 252 -253 (1980). Such a temporary moratorium is clearly within the Town's zoning power when the stated intent is to manage a new use, such as medical marijuana treatment centers, and there is a stated need for "study, reflection and decision on a subject matter of [some] complexity..." W.R. Grace v. Cambridge City Council, 56 Mass. App. Ct. 559, 569 (2002) (City's temporary moratorium on building permits in two districts was within city's authority to zone for public purposes.) The time limit Burlington has selected for its temporary moratorium (through June 30, 2014) appears to be reasonable in these circumstances, where the Department of Public Health regulations have not yet been issued and those regulations "are expected to provide guidance" to the Town. Section 10.6.1. The moratorium is limited in time period and scope (to the use of land and structures for medical marijuana treatment centers), and thus does not present the problem of a rate -of- development bylaw of unlimited duration which the Zuckerman court determined was unconstitutional. Zuckerman v. Hadley, 442 Mass. 511, 512 (2004) ( "[A]bsent exceptional circumstances not present here, restrictions of unlimited duration on a municipality's rate of development are in derogation of the general welfare and thus are unconstitutional. ") Because we find the amendments adopted under Article 5 are clearly within the Town's zoning power, and otherwise do not conflict with the laws or Constitution of the Commonwealth, (see Bloom v. Worcester, 363 Mass. 136, 154 (1973)), we approve them. Note: Pursuant to G.L. c. 40, § 32, neither general nor zoning by -laws take effect unless the Town has first satisfied the posting/publishing requirements of that statute. Once this statutory duty is fulfilled, (1) general by -laws and amendments take effect on the date these posting and publishing requirements are satisfied unless a later effective date is prescribed in the by -law, and (2) zoning by -laws and amendments are deemed to have taken effect from the date they were approved by the Town Meeting, unless a later effective date is prescribed in the by -law. 2 SdS_ Very truly yours, MARTHA COAKLEY ATTORNEY GENERAL by: Margaret J. Hurley, Assistant Attorney General Chief, Central Massachusetts Division Director, Municipal Law Unit Ten Mechanic Street, Suite 301 Worcester, MA 01608 (508) 792 -7600 x 4402 cc: Town Counsel John Giorgio (via electronic mail) ,5-,4 MARTHA COAKLEY ATTORNEY GENERAL THE COMMONWEALTH OF MASSACHUSETTS Via Electronic Mail OFFICE OF THE ATTORNEY GENERAL Laura A. Gemme, Town Clerk Town of Reading 16 Lowell Street Reading, MA 01867 CENTRAL MASSACHUSETTS DIVISION 10 MECHANIC STREET, SUITE 301 WORCESTER, MA 01608 March 19, 2013 (508) 792 -7600 (508) 795 -1991 fax www.mass.gov /ago RE: Reading Fall Annual Town Meeting of November 13, 2012 - Case # 6578 Warrant Articles # 15 and 16 (Zoning)' Warrant Articles # 12, 13 and 14 (General) Dear Ms. Gemme: Article 15 — The amendments adopted under Article 15 propose a complete ban on medical marijuana treatment centers in Reading. As with a substantially identical town meeting warrant Article from the Town of Wakefield,z we find that Reading's ban would frustrate the purpose of Chapter 369 of the Acts of 2012, "An Act for the Humanitarian Medical Use of Marijuana" (enacted as Question 3 on the November 2012 state ballot), to allow qualifying patients, who have been diagnosed with a debilitating medical condition, reasonable access to medical marijuana treatment centers. The Act's legislative purpose could not be served if a municipality could prohibit treatment centers within its borders, for if one municipality could do so, presumably all could do so. Because we find that such a total ban conflicts with the Act, we must disapprove Article 15 on that basis. See Bloom v. Worcester, 363 Mass. 136, 154 (1973) (by -law that conflicts with state statute is invalid). For further explanation of our disapproval of Article 15, see the Wakefield Decision on Case # 6601 issued March 13, 2013, which we attach to this decision and incorporate by reference. ' Articles 15 and 16 were placed on "hold" for a time period pursuant to G.L. c. 40, § 32, as amended by Chapter 299 of the Acts of 2000. The deadline for our decision on Articles 15 and 16 was thus extended to April 11, 2013. 2 See Decision on Case # 6601 issued March 13, 2013 (attached). � *�? Article 16 — We approve the amendments adopted under Article 16 on the warrant for the Reading Fall Annual Town Meeting of November 13, 2012. Articles 12, 13 and 14 - We remind the Town that we approved the amendments adopted under these Articles in a decision issued February 28, 2013. Note: Pursuant to G.L. c. 40, § 32, neither general nor zoning by -laws take effect unless the Town has first satisfied the posting/publishing requirements of that statute. Once this statutory duty is fulfilled, (1) general by -laws and amendments take effect on the date these posting and publishing requirements are satisfied unless a later effective date is prescribed in the by -law, and (2) zoning by -laws and amendments are deemed to have taken effect from the date they were approved by the Town Meeting, unless a later effective date is prescribed in the by -law. Very truly yours, MARTHA COAKLEY ATTORNEY GENERAL by: Margaret J. Hurley, Assistant Attorney General Chief, Central Massachusetts Division Director, Municipal Law Unit Ten Mechanic Street, Suite 301 Worcester, MA 01608 (508) 792 -7600 x 4402 cc: Town Counsel Gary S. Brackett (via electronic mail) =4 MARTHA COAKLEY ATTORNEY GENERAL THE COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE ATTORNEY GENERAL CENTRAL MASSACHUSETTS DIVISION 10 MECHANIC STREET, SUITE 301 WORCESTER, MA 01608 March 13, 2013 Via Electronic Mail Mary K. Galvin, Town Clerk Town of Wakefield W.J. Lee Town Hall One Lafayette Street Wakefield, MA 01880 (508) 792 -7600 (508) 795 -1991 fax www.inass.gov/ai�o RE: Wakefield Fall Annual Town Meeting of November 15, 2012 - Case # 6601 Warrant Article # 11 (Zoning) Dear Ms. Galvin: Article 11 — Our review of Article 11 presents the question whether a town meeting vote to completely ban medical marijuana treatment centers from town conflicts with state law. We find that such a ban would frustrate the purpose of Chapter 369 of the Acts of 2012, "An Act for the Humanitarian Medical Use of Marijuana" (enacted as Question 3 on the November 2012 state ballot), to allow qualifying patients, who have been diagnosed with a debilitating medical condition, reasonable access to medical marijuana treatment centers. The Act's legislative purpose could not be served if a municipality could prohibit treatment centers within its borders, for if one municipality could do so, presumably all could do so. Because we find that such a total ban conflicts with the Act, we must disapprove Article 11 on that basis. See Bloom v. Worcester, 363 Mass. 136, 154 (1973) (by -law that conflicts with state statute is invalid). Although we conclude that a municipality may not completely ban such centers within its borders, we also conclude that municipalities are not prohibited from adopting zoning by -laws to regulate medical marijuana treatment centers, so long as such zoning by -laws do not conflict with the Act (or regulations adopted to implement the Act), and are not "clearly arbitrary and unreasonable, having no substantial relation to the public health, safety, morals or general welfare." Sturges v. Chilmark, 380 Mass. 246, 256 (1980) (quoting Euclid v. Ambler Realty Co., ,5-d q 272 U.S. 365, 395 (1926)).' We emphasize that our disapproval of Article 11 in no way implies any position on the policy views that led to the passage of the Wakefield by -law amendment. The Attorney General's limited standard of review requires her to approve or disapprove by -laws based solely on their consistency with state and federal law, not on any policy views she may have on the subject matter or wisdom of the by -law. Amherst v. Attorney General, 398 Mass. 793, 795 -96, 798 -99 (1986). We have reviewed court decisions from other states invalidating municipalities' total ban on medical marijuana treatment centers. Such decisions, while instructive, are not binding here, because other states allow varying degrees of home rule power, and other states' medical marijuana statutes differ from the Act. Moreover, in the one state where multiple appellate courts have considered the issue (California), the courts have issued conflicting decisions.2 This decision briefly describes the by -law amendments and the Act; discusses the Attorney General's limited standard of review of town by -laws under G.L. c. 40, § 32; and then explains why, governed as we are by that standard, we must disapprove the by -law amendments adopted under Article 11 because they conflict with the Act. I. Description of Article 11. The amendments adopted under Article 11 add "Medical Marijuana Treatment Center" to the Use Table in the Town's zoning by -law, and establish it as a prohibited use in all zoning districts in Town. The amendments define "Medical Marijuana Treatment Center" as follows: "Medical Marijuana Treatment Center — An establishment that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana or products containing marijuana and/or related supplies for ostensibly medical purposes. II. Summary of Medical Marijuana Act. Chapter 369 of the Acts of 2012, "An Act for the Humanitarian Medical Use of Marijuana" ( "the Act ") was adopted by the voters under Question 3 on the state ballot as a result 1 We also recognize that a municipality has the authority to adopt a zoning by -law imposing a temporary moratorium on medical marijuana treatment centers while it studies how best to respond to this new legal use. Today we issued a decision approving one such moratorium adopted by Burlington. See becision on Case # 6619. 2 See e.g., City of Riverside v. Inland Empire Patient's Health and Wellness Center, Inc., 133 Cal. Rptr. 3d 363 (2012) (rev. granted Jan. 18, 2012 S198638) (city's ban on medical marijuana dispensaries not preempted by state law); City of Lake Forest v. Evergreen Holistic Collective, 138 Cal. Rptr. 3d 332 (2012) (rev. granted May 16, 2012, 5201454) (citywide ban on dispensaries conflicts with state law); County of Los Angeles v. Alternative Medicinal Cannabis Collective, 143 Cal. Rptr. 3d 716 (2011) (county's ban on dispensaries preempted by state law). This conflict may soon be resolved by the California Supreme Court in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc., S198638 (argued Feb. 5, 2013). sJ,b of an initiative petition process.3 The Act states in Section 1 that its purpose is: [T]hat there should be no punishment under state law for qualifying patients, physicians and health care professionals, personal caregivers for patients, or medical marijuana treatment center agents for the medical use of marijuana[.] The Act allows qualifying patients — those "diagnosed by a licensed physician as having a debilitating medical condition" (Section 2 (K)) — to obtain a registration card from the Department of Public Health (DPH) authorizing the person to possess "no more marijuana than is necessary for the patient's personal medical use, not exceeding the amount necessary for a sixty -day supply [as defined by DPH]." Sections 4, 12. The DPH registration card is issued only after the person submits a written certification from his or her physician "stating that in the physician's professional opinion, the potential benefits of the medical use of marijuana would likely outweigh the health risks for the qualifying patient." Sections 2 (N), 12. The Act authorizes DPH to issue registrations for up to thirty -five medical marijuana treatment centers (as defined in the Act) in the first year after the Act's effective date, "provided that at least one treatment center shall be located in each county, and not more than five shall be located in any one county." Section 9 (C) (emphasis added). DPH is authorized to increase or modify the number of registered treatment centers in a future year if DPH determines "that the number of treatment centers is insufficient to meet patient needs." Section 9 (C) (emphasis added). The Act allows for hardship cultivation registrations for qualifying patients "whose access to a medical (sic) treatment center4 is limited by verified financial hardship, a physical incapacity to access reasonable transportation, or the lack of a treatment center within a reasonable distance of the patient's residence." Section 11 (emphasis added). Such hardship registration allows the patient (or the patient's caregiver, as defined in the Act) to cultivate a limited number of plants (sufficient for a 60 -day supply) in an enclosed locked facility. Section 11. The Act is silent regarding the power of municipalities to adopt zoning (or other) regulations pertaining to medical marijuana treatment centers. However, the Act does restrict the municipal police powers in many respects, including, for example, that "Any person meeting the 3 The initiative petition process is governed by Mass Const. amend. art. 48 and has been described as a "people's process." Buckley v. Sec. of the Commonwealth, 371 Mass. 195, 199 (1976). It provides a method for the people of Massachusetts to directly enact statutes "which they deem[] necessary and desirable without the danger of their will being thwarted by legislative action." Citizens for a Comnetitive Mass. v. Secretary of the Commonwealth, 413 Mass. 25, 30 (1992) (citation and internal quotation omitted). 4 In several places the Act refers to "medical treatment center," a term not defined in the Act. We construe these references to mean "medical marijuana treatment center," a term defined in Section 2 (H). 5 Section 6 of the Home Rule Amendment grants municipalities "broad powers to adopt by -laws for the protection of the public health, morals, safety, and general welfare, of a type often referred to as the `police' power." Marshall House, Inc. v. Rent Review and Grievance Bd., 357 Mass. 709, 716 (1970). The zoning power was one of the "independent municipal powers" granted to cities and towns by the Home Rule Amendment, enabling them to enact zoning ordinances or bylaws as an exercise of their "independent police powers" to control "land usages in an 3 S�l 11 requirements under this law shall not be penalized under Massachusetts law in any manner, or denied any right or privilege, for such actions." (Section 4). (See generally Sections 4, 5, 6 (A), 6 (B) and 9 (D)). Finally, Sections 8 and 13 direct DPH, within 120 days of the effective date of the Act (or May 1, 2013), to issue regulations defining the quantity of marijuana that could reasonably be presumed to be a sixty -day supply for qualifying patients, and regulations to implement Sections 9 through 12 of the Act (governing registration of treatment centers, their agents, hardship cultivation, and qualifying patients and caregivers).6 III. Attorney General's Standard of Review and General Zoning Principles. Pursuant to G.L. c. 40, § 32, the Attorney General has a "limited power of disapproval," and "[i]t is fundamental that every presumption is to be made in favor of the validity of municipal by- laws." Amherst, 398 Mass. at 795 -96. The Attorney General does not review the policy arguments for or against the enactment. Id. at 798 -99 ( "Neither we nor the Attorney General may comment on the wisdom of the town's by- law. ") Rather, in order to disapprove a by -law (or any portion thereof), the Attorney General must cite an inconsistency between the by- law and the state Constitution or laws. Id. at 796.7 "As a general proposition the cases dealing with the repugnancy or inconsistency of local regulations with State statutes have given considerable latitude to municipalities, requiring a sham conflict between the local and State provisions before the local regulation has been held invalid." Bloom, 363 Mass. at 154 (emphasis added). "The legislative intent to preclude local action must be clear." Id. at 155. Massachusetts has the "strongest type of home rule and municipal action is presumed to be valid." Connors v. City of Boston, 430 Mass. 31, 35 (1999) (internal quotations and citations omitted). Article 11, as an amendment to the Town's zoning by -laws, must be accorded deference. W.R. Grace & Co. v. Cambridge City Council, 56 Mass. App. Ct. 559, 566 (2002) ( "With respect to the exercise of their powers under the Zoning Act, we accord municipalities deference as to their legislative choices and their exercise of discretion regarding zoning orders. "). When reviewing zoning by -laws for consistency with the Constitution or laws of the Commonwealth, the Attorney General's standard of review is equivalent to that of a court. "[T]he proper focus of review of a zoning enactment is whether it violates State law or constitutional provisions, is arbitrary or unreasonable, or is substantially unrelated to the public health, safety or general welfare." Durand v. IDC Bellingham, LLC, 440 Mass. 45, 57 (2003). Because the adoption of a orderly, efficient, and safe manner to promote the public welfare," Board of Appeals of Hanover v. Housing Appeals Comm., 363 Mass. 339, 359, as long as their enactments were "not inconsistent with the Constitution or laws enacted by the Legislature." Id. at 358. 6 No DPH regulations have been issued as of the date of this decision. 7 The Attorney General also reviews by -laws for consistency with the federal constitution and statutes. This is because towns draw their legislative power from the state's Home Rule Amendment, Mass. Const. amend. art. 2, § 6 (as amended by amend. art. 89), which allows a town to exercise, subject to certain limits, "any power or function which the general court has power to confer upon it," and the Legislature has no power to confer on a town the power to enact by -laws contrary to federal law. Here, we find no conflict between Article 11 and federal law. 4 ,�d �2 zoning by -law by the voters at Town Meeting is both the exercise of the Town's police power and a legislative act, the vote carries a "strong presumption of validity." Id. at 51. "Zoning has always been treated as a local matter and much weight must be accorded to the judgment of the local legislative body, since it is familiar with local conditions." Concord v. Attorney General, 336 Mass. 17, 25 (1957) (quoting Burnham v. Board of Appeals of Gloucester, 333 Mass. 114, 117 (1955)). "If the reasonableness of a zoning bylaw is even `fairly debatable, the judgment of the local legislative body responsible for the enactment must be sustained. "' Durand, 440 Mass. at 51 (quoting Crall v. City of Leominster, 362 Mass. 95, 101 (1972)). Nevertheless, where a zoning by -law conflicts with state law or the constitution, it is invalid. See Zuckerman v. Hadley, 442 Mass. 511, 520 (2004) (rate of development by -law of unlimited duration did not serve a permissible public purpose and was thus unconstitutional). IV. Challenges to the Validity of Article 11. In general, a municipality "is given broad authority to establish zoning districts regulating the use and improvement of the land within its borders." Andrews v. Amherst, 68 Mass. App. Ct. 365, 367 -368 (2007). However, a municipality has no power to adopt a zoning by -law that is "inconsistent with the constitution or laws enacted by the [Legislature]..." Home Rule Amendment, Mass. Const. amend. art. 2, § 6. Courts have found local regulation to be inconsistent with and thus invalid under a state statute when "the purpose of the statute cannot be achieved in the face of the local [regulation]." Tri-Nel Mgt, Inc. v. Board of Health of Barnstable, 433 Mass. 217, 223 (2001) (internal quotations and citations omitted).$ Local regulation has thus been found invalid where it "would somehow frustrate the purpose of the statute so as to warrant an inference that the Legislature intended to preempt the subject." Boston Gas Co. v. City of Somerville, 420 Mass. 702, 704 (1995) (citing Bloom, 363 Mass. at 155 -156). It is here where Article 11 presents a conflict with the Act. To determine whether Article 11 would frustrate the Act's purposes, we first must determine what those purposes are. Because the Act was adopted by way of the initiative petition process, "the voters of the Commonwealth ... are the legislators whose intent we must discern," in order to effectuate the voters' "'object' and `purpose. "' Bates v. Director of the Office of Campaign and Political Finance, 436 Mass. 144, 165 (2002). The stated purpose of the Act is that "there should be no punishment under state law for qualifying patients, physicians and health care professionals, personal caregivers for patients, or medical marijuana treatment center agents for the medical use of marijuana." Section 1. A by -law is also invalid where there is "an express legislative intent to forbid local activity on the same subject." Fafard v. Conservation Commission of Barnstable, 432 Mass. 194, 200 (2000) quoting Boston Gas Co. v. Somerville, 420 Mass. 702, 704 (1995). Where, as here, there is no express legislative intention to preclude local action, we must determine whether "a legislative intent to bar local action should be inferred in all the circumstances." Wendell v. Attorney General, 394 Mass. 518, 524 (1985). "In some circumstances, legislation on a subject is so comprehensive that an inference would be justified that the Legislature intended to preempt the field." Id. Our review of the Act in the context of this by -law reveals no legislative purpose to completely bar municipalities from regulating medical marijuana treatment centers, other than in those specific areas where the municipal police power has expressly been limited. (See supra page 4). In this respect, the Act more closely represents the statutes at issue in Golden v. Selectmen of Falmouth, 358 Mass. 519 (1970) and Fafard, 432 Mass. 194, both of which were held to establish "minimum standards" and left room for local communities to adopt additional controls. Id. at 201. S; i3 However, a review of the entire Act makes plain another legislative intent: that qualifying patients, who have been diagnosed with a debilitating medical condition, will have reasonable access to medical marijuana treatment centers. With its dictate, that in the first year after its effective date, there should be "registrations for up to thirty -five ... treatment centers," with "at least one treatment center.... located in each county, and not more than five ... located in any one county" (Section 9 (C)), the Act anticipates that such centers will be distributed throughout the Commonwealth. Notably, DPH is authorized to increase or modify the number of registered treatment centers in future years if DPH determines "that the number of treatment centers is insufficient to meet patient needs." Section 9 (C). Moreover, the Act ensures that qualifying patients "whose access to a medical (sic) treatment center is limited by ... a physical incapacity to access reasonable transportation, or the lack of a treatment center within a reasonable distance of the patient's residence" may obtain a hardship cultivation registration. Section 11. All together these provisions reflect a legislative intent that qualifying patients have reasonable access to centers and, to that end, that the centers be reasonably dispersed throughout the Commonwealth. This legislative purpose could not be served if a municipality could prohibit treatment centers within its borders, for if one municipality could do so, we see no principled basis on which every other municipality could not do the same. The question is not whether a ban in Wakefield alone would make it impossible for there to be "at least one treatment center ... in each county." The question is whether the legislative purpose of reasonable access to treatment centers could be achieved if every municipality banned them. Cf. St. George Greek Orthodox Cathedral of Western Mass., Inc. v. Fire Department of Springfield 462 Mass 120 130 (2012) (invalidating Springfield ordinance where, "[i]f all municipalities in the Commonwealth were allowed to enact similarly restrictive ordinances and bylaws," legislative purpose would be frustrated); Connors, 430 Mass. at 41 (examining whether legislative purpose would be served "if each [governmental unit] could" depart from state law, as City of Boston had attempted). The answer to that question is clearly "no." In a very practical sense, one of the clearly discernible purposes of the Act could not be achieved in the face of municipalities' total ban of medical marijuana treatment centers. The courts have relied on similar principles to invalidate other local laws that could frustrate statewide legislative purposes. See Wheelabrator Land Resources, Inc. v. Town of Saws, 2005 WL 2338672 (Mass. Land Ct. 2005) ( "To allow individual towns and cities to veto the creation and ongoing operation of landfills would sabotage the stated goal of ensuring sufficient waste disposal capacity in the Commonwealth. "); see also Wendell v. Attorney General, 394 Mass. 518, 529 (1985) ( "An additional layer of regulation at the local level, in effect second - guessing the [state - level] sub - committee, would prevent the achievement of the identifiable statutory purpose of having a centralized, Statewide determination of the reasonableness of the use of a specific pesticide in particular circumstances. "). Cf. Greater Lawrence Sanitary District v. Town of North Andover, 439 Mass. 16, 24 (2003) ( "While this statutory scheme clearly limits the town's ability to regulate wastewater facilities and sewage disposal, it does not prevent the town from imposing limited antinuisance conditions... that do not prevent or interfere with [the department's] performance of its legislative mandate and that are not preempted by the department's regulatory authority. "). In reaching this decision we are also guided by decisions of the Supreme Judicial Court considering a municipality's right to exclude or limit certain land uses. In Framingham Clinic 6 _O t Y Inc. v. Board of Selectmen of Southborough, 373 Mass. 279, 283 (1977), the court invalidated a Framingham zoning by -law which made abortion clinics a prohibited use in all districts in town because it unduly burdened the constitutionally protected rights of a woman regarding the termination of her pregnancy. The court dismissed an argument that Southborough's ban could be upheld because a woman could go elsewhere for such services: Neither could Southborough justify its own rule by saying that a woman might overcome it by going elsewhere in the Commonwealth. May a "fundamental" right be denied in Worcester County because it remains available in Suffolk or Barnstable? ... The picture of one community attempting thus to throw off on others would not be a happy one. Id. at 287.9 In Zuckerman v. Hadley, 442 Mass. 511, 512 (2004), the court held on due process grounds that "absent exceptional circumstances . . . restrictions of unlimited duration on a municipality's rate of development are in derogation of the general welfare and thus are unconstitutional." The court viewed the Town's rate -of- growth by -law as pushing off onto other municipalities its burden of accommodating new residents, because its by -law limited the number of building permits that could be issued each year for single - family homes. Id. at 519- 20. "Despite the perceived benefits that enforced isolation may bring to a Town facing a new wave of permanent home seekers, it does not serve the general welfare of the Commonwealth to permit one particular Town to deflect that wave onto its neighbors." Id. at 519. Although Zuckerman involved a challenge to a residential rate -of- growth by -law, an analogous principle would appear to apply to a by -law banning a non - residential land use, as does Wakefield's by- law, at least where the applicable Act reflects a legislative intent that the use be distributed throughout the Commonwealth. V. Arguments In Support of Article 11. During the course of our review of Article 11 we have heard from various individuals and organizations urging us to approve the amendments on various grounds. We briefly address those major arguments which we have not previously addressed above, and explain why we are not persuaded that they furnish a basis to approve the amendments. We recognize that on occasion the court has upheld a municipal ban on activity even in the face of state regulation on the subject. Amherst, 398 Mass. 793; Marshfield Family Skateland, Inc. v. Marshfield, 389 Mass. 436 (1983); John Donnelly & Sons, Inc. v. Outdoor Advertising Board, 369 Mass. 206 (1975). We agree "that in some areas of activity legal business activities regulated by State law may be prohibited by local by- laws." Marshfield, 389 Mass. at 442 (citing John Donnelly & Sons, 369 Mass. at 214). However, where a local by -law prevents a legislative purpose from being achieved, the by -law may be deemed to be preempted. 9 We recognize that, unlike the constitutional principles at stake in Framingham Clinic, the Act does not grant a constitutional right to obtain medical marijuana. See Browne v. County of Tehama, 2013 WL 441604, *1(Cal.App. 3 Dist.) (California's Compassionate Use Act "only provides a limited defense to certain crimes, not a constitutional right to obtain marijuana. "). However, the Framingham Clinic court's concern about "throwing off' a controversial use to another town is instructive. 5'di S Id. at 441. In each of these three cited cases the court evaluated, and rejected, the argument that the local by -law at issue frustrated the purpose of the statute in question. See Amherst, 398 Mass. at 797 -798; Marshfield, 389 Mass. at 441; John Donnelly & Sons, 369 Mass. at 212. These cases reinforce the notion that although municipalities have power to prohibit otherwise legal activities, they may not do so where the result would frustrate a legislative purpose or would otherwise conflict with state law. One supporter of Article 11 contends that local by -laws may always supersede state laws enacted through initiative petitions. Because the Act resulted from an initiative petition, the argument goes, the Act does not have the same weight as other statutes "enacted by the general court" as referenced by the Home Rule Amendment (HRA), Mass. Const. amend. art. 2 (as amended by amend. art. 89). The HRA establishes that "[a]ny city or town may, by the adoption, amendment, or repeal of local ordinances or by -laws, exercise any power or function which the general court has power to confer upon it, which is not inconsistent with the constitution or laws enacted by the general court[.]" Id. § 6. (emphasis added) We have reviewed whether the phrase "laws enacted by the general court" in the HRA was intended to somehow leave municipalities free to legislate in a manner that conflicts with laws enacted by initiative petition, such as the Act, and we are persuaded that it was not. "[E]xcept as to matters expressly excluded, the scope of the power of the people to enact laws directly is as extensive as that of the General Court." Opinion of the Justices, 375 Mass. 795, 817 (1978). Certain subjects are expressly excluded from the initiative process. Massachusetts Teachers Assoc. v. Secretary of the Commonwealth, 384 Mass. 209, 217 (1981). But those exclusions are not applicable here, and we find no cases to support the argument that statutes enacted by way of initiative petition are given less weight in the context of analyzing the HRA's limitations on municipality's home rule power. If laws enacted by the statewide initiative process could be superseded at will by local ordinances and by -laws, the "power of the people to enact laws directly," far from being "as extensive as that of the General Court," would be greatly diminished. 10 Finally, we have considered the argument that Wakefield's ban on medical marijuana treatment facilities must be upheld because doing otherwise would force the Town to accommodate an activity which is illegal under federal law, in violation of the Supremacy Clause. Under the federal constitution's Supremacy Clause, Article VI, cl. 2, federal law may supersede, or "preempt," the effect of state law (including municipal law). This may occur in any of three ways. "State action may be foreclosed by express language in a congressional enactment ... by implication from the depth and breadth of a congressional scheme that occupies the legislative field.... or by implication because of a conflict with a congressional enactment[.]" Lorillard Tobacco Co. v. Reilly, 533 U.S. 525, 540 -541 (2001) (citations omitted). We recognize that marijuana remains a Schedule I drug and that the federal government is empowered to enforce the Controlled Substances Act (CSA) against those possessing or cultivating medical marijuana. Gonzales v. Raich, 545 U.S. 1 (2005). However, no court has held that the Massachusetts Act is preempted by the federal CSA, and it is beyond the Attorney 10 The result would be that significant state initiative laws limiting local action, such as Proposition 2' /z (St. 1980, c. 580), could be reduced to a near - nullity. See generally Massachusetts Teachers Association, 384 Mass. 209 (rejecting various challenges to enactment of Proposition 2' /z through initiative process). 8 Sd ( �2 General's limited standard of review of town by -laws to determine that issue." 1 Further, other state courts have held that claimed federal preemption of a state's medical marijuana law is not a valid basis for upholding a municipal zoning ordinance banning medical marijuana dispensaries that are authorized by that state law. Qualified Patients Ass'n v. City of Anaheim, 187 Cal. App. 4th 734, 763, 115 Cal. Rptr. 3d 89, 110 (Cal. App. 4 Dist. 2010); City of Palm Springs v. The Holistic Collective, 2012 WL 1959571, *5 -6 (Cal. App. 4 Dist. 2012). See also Ter Beek v. City of Wyoming, 823 N.W.2d 864 (Mich. App. 2012) (city ordinance banning land uses that are contrary to federal law, including CSA, and thus preventing qualified patient from growing marijuana in home as permitted under Michigan Medical Marijuana Act (MMMA), was inconsistent with purposes of MMMA and thus invalid; rejecting city's defense that relevant section of MMMA was preempted by federal CSA). In reviewing Wakefield's ban, we are limited to a determination whether the ban conflicts with state or federal law, not whether the state law that led to that local ban is in turn preempted by federal law. Because we find that Wakefield's proposed by -law conflicts with state law, we must disapprove it. V. Conclusion. While we disapprove the amendments adopted under Article 11, we reiterate that this decision is limited to a town's vote to adopt a total ban on medical marijuana treatment clinics. We recognize that the Act presents legal issues new to Massachusetts communities, and many communities may wish to adopt zoning by -laws and other regulations to preserve "public health, safety, morals, or general welfare" in response to this new legal use. Zuckerman, 442 Mass. at 516. However, where a by -law frustrates a statutory purpose, such as Wakefield's total ban on medical marijuana treatment clinics, the Attorney General's standard of review compels us to disapprove it. 11 Cf. National Revenue Corp. v. Violet, 807 F.2d 285, 289 (1st Cir. 1986) (state attorney general should not agree to judgment that statute is unconstitutional, but may inform court if of the opinion that statute is flawed, leaving final determination to court); Cote - Whitacre v. Department of Public Health, 446 Mass. 350, 374 (2006) (Spina, J., concurring) ( "The duty of a public official is simply to enforce duly enacted and presumptively constitutional statutes "); Tsongas v. Sec'y of the Comm., 362 Mass. 708, 713 (1972) (officials "had no authority to depart from the statutes on the ground that the statutes were unconstitutional "); Assessors of Haverhill v. New Eng. Tel. & Tel. Co., 332 Mass. 357, 362 (1955) ( "In general an administrative officer cannot refuse to proceed in accordance with statutes because he believes them to be unconstitutional," citing Smith v. State of Indiana, 191 U.S. 138, 148 (1903)). 9 S� 17 Note: Pursuant to G.L. c. 40, § 32, neither general nor zoning by -laws take effect unless the Town has first satisfied the posting/publishing requirements of that statute. Once this statutory duty is fulfilled, (1) general by -laws and amendments take effect on the date these posting and publishing requirements are satisfied unless a later effective date is prescribed in the by -law, and (2) zoning by -laws and amendments are deemed to have taken effect from the date they were approved by the Town Meeting, unless a later effective date is prescribed in the by -law. Very truly yours, MARTHA COAKLEY ATTORNEY GENERAL A�11111F_Arm* by: Margaret J. Hurley, Assistant Attorney General Chief, Central Massachusetts Division Director, Municipal Law Unit Ten Mechanic Street, Suite 301 Worcester, MA 01608 (508) 792 -7600 x 4402 cc: Town Counsel Thomas A. Mullen (via electronic mail) 10 '5JS Board of Selectmen Meeting April 9, 2013 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 Vice Chairman Ben Tafoya, Selectmen John Arena, James Bonazoli, Dan Ensminger and Marsie West, Youth Liaison Mary Kate Kelley, Town Manager Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur, Office Manager Paula Schena and the following list of interested persons: Tim Kelley. Town Clerk Laura Gemme swore in new Selectmen Daniel Ensminger and Marsie West. A motion by Bonazoli seconded by Arena that the Board of Selectmen go into Executive Session to discuss strategy with respect to labor negotiations, health insurance, and for the approval of minutes, that the Chair declares that an open meeting may have a detrimental effect on the bargaining position of the body, and that the Board will come back into Open Session at approximately 7:30 PM was approved on a roll call vote with all five members voting in the affirmative. The Board reconvened in Open Session at 7:25 p.m. Reports and Comments Selectmen's Liaison Reports and Comments — John Arena noted that the Reading Municipal Light Board recently voted to have three people serve one role and he feels it is bad practice. He noted the motion was moved, seconded and voted on in less than seven minutes and he noted that was unheard of. He questions whether there was discussion outside of the role as Board member. Marsie West noted that she was not at that meeting and is just as concerned. She noted that motion was defeated previously and she feels rotating the leadership is not appropriate. The Town Manager noted that the RMLB actions were not in accordance with the Home Rule Charter and they did not follow Roberts Rules of Orders. There was no notice of a hearing for removal. He will inform them of Town Counsel's opinion. Marsie West indicated the Board took this action during an active search and they lost a qualified candidate due to their action. She indicated she would like to be the RMLD liaison. Dan Ensminger thanked the voters for electing him. Mary Kate Kelley noted that school vacation starts on Thursday; the Junior Prom is on Thursday, and there was a lock down at the High School last week. The Interact Club will be doing a food pantry fundraiser this spring. Board of Selectmen Minutes — April 9, 2013 — page 2 Discussion /Action Items Board of Selectmen Reorganization — The Vice Chairman turned the meeting over to the Town Manager to accept nominations for Chairman of the Board. Arena moved and West seconded to place the name of James Bonazoli into nomination as Chairman of the Board of Selectmen with a term expiring June 30, 2014. A motion by Ensminaer seconded by West to close the nominations for Chairman of the Board of Selectmen was approved by a vote of 5 -0 -0. The main motion was approved by a vote of 4 -0 -1 with Tafova abstaining. Ensminaer moved and West seconded to place the name of John Arena into nomination as Vice Chairman of the Board of Selectmen with a term expiring June 30, 2014. A motion by Ensminger seconded by West to close the nominations of Vice Chairman of the Board of Selectmen was approved by a vote of 4 -0 -1 with Tafova abstaining. The main motion was approved by a vote of 4 -0 -1 with Tafoya abstaining. Arena moved and Ensminaer seconded to place the name of Ben Tafova into nomination as Secretary of the Board of Selectmen with a term expiring June 30, 2014. A motion by Ensminger seconded by Arena to close the nominations for Secretary of the Board of Selectmen was approved by a vote of 5 -0 -0. The main motion was approved by a vote of 5 -0 -0. Approval of Agreement — Health Insurance — A motion by Tafova seconded by Ensminaer that the Board of Selectmen approve the Health Insurance Agreement with the Public Employee Committee (PEC) effective July 1, 2013 through June 30, 2014 was approved by a vote of 5 -0 -0. Audit Presentation/Discussion — Town Accountant Sharon Angstrom and Auditor Eric Demas from Melanson and Heath were present. Mr. Demas noted that the audit was for fiscal year ending June 30, 2012. The audit went well; there were no disagreements or material weaknesses and the new Town Accountant exceeded their expectations. In the individual auditor report they are issuing a clean opinion. Mr. Demas noted in the government funds balance sheet the unassigned fund balance was $7.8 million or 9.6% of the general fund expenditure. Bob LeLacheur noted that when the Finance Committee implemented the reserve fund policy we were at $1 million and now we are at $7.8 million. John Arena asked where do we want to be and Mr. Demas noted that rating agencies want to see 5 — 10% in reserves. Mr. Demas noted that the management letter suggests enhancing the year end cut off procedures for outstanding purchase orders. Also recommends updating the fund balance policy and finally to prepare for the implementation of Gatsby 68 — the unfunded pension liability. The Town Manager noted we are on a schedule to fund by 2028. 6 &Z Board of Selectmen Minutes — April 9 2013 — page 3 The Board thanked Mr. Demas for his presentation. Continued Hearing — Waiver of Hours of Operation — Fit by Catarina — The Town Manager indicated they are located next to the Natural Food Store on Main Street. Ms. Catarina noted that she is a personal trainer and she does early morning boot camps at 5:15 a.m. and 7:15 a.m. Approximately eight people attend. John Arena asked if there were any objections and the Town Manager noted there was not. There was no public comment either. A motion by Tafova seconded by Ensminger that the Board of Selectmen close the public hearing on an application by Fit By Catarina, 335 Main Street for a license to operate a retail business between the hours of midnight and 6:00 am was approved by a vote of 5 -0 -0. A motion by Tafova seconded by Ensminger that the Board of Selectmen approve a license to operate a retail business between the hours of midnight and 6:00 am pursuant to Section 7.1 of the Reading General Bylaw and further pursuant to section 3.9 of the Board of Selectmen policies to Fit By Catarina, 335 Main Street, subject to the following conditions: 1. This license is for approval, pursuant to the Board of Selectmen regulation 3.9, to open for business not earlier that 5:00 am on Monday through Friday, and not earlier than 6:00 am on Saturday, Sunday, and holidays. 2. This approval expires at midnight, December 31, 2013; 3. All signs shall conform to the Zoning By -Laws of the Town of Reading; In granting this license the Board finds that in accordance with Section 5.10.4 of the General Bylaws: • 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 motion was approved by a vote of 5 -0 -0. Presentation on Report of Affordable Housing Trust Funds — The Town Manager noted that Consultant Bob Mitchell looked at the Affordable Housing Trust Fund. He also noted that Housing Authority member Tim Kelley was present. Mr. Mitchell noted that a state law was recently passed. Reading was one of the first communities to adopt the Affordable Housing Trust Fund special act so the state decided to pass legislation to allow all communities to have an Affordable Housing Trust Fund. The state created regulations but it is flexible. Mr. Mitchell noted that the Board should decide if they want to keep the trust fund and if so how to organize and operate it. The & &,:73 Board of Selectmen Minutes — April 9, 2013 — page 4 Town could also switch over to the State model and have a regional housing coordinator carry out the charges. Sources of funding can be considered and that influences how the trust fund is used. Tim Kelley noted that the Housing Authority has not discussed this. They have met only once to expend funds. He feels that since there is a limited amount of money in the fund that he wouldn't want to see it go to administration costs. John Arena asked Mr. Mitchell if he was claiming there are deficiencies and Mr. Mitchell indicated there are no deficiencies but the state act would give more flexibility. Ben Tafoya suggested inviting the Housing Authority and Director in for a discussion and to get information from Town Counsel on the trust fund. Presentation — US Postal Service re: Plans for Reading Post Office — Postmaster Jeannie O'Brien and USPS Real Estate Specialist Joseph Mulvey were present. The Town Manager noted that he asked the USPS to include the Town in the process and he also toured the building. Mr. Mulvey noted that the Postal Service is proposing to relocate (not close) the Reading Post Office to a yet to be determined location. They propose to find a new location for the retail and to move the carrier to the facilities in Woburn. If they do that they will sell the building. The USPS is trying to reduce expenses and generate revenues. He will be taking comments until April 24, 2013 and after the comment period a decision will be made. Anyone can appeal the decision. They have an exclusive broker who has the property up for sale. They will not move without a buyer for the building and they won't sell without a relocate location. John Arena asked what valid grounds for appeal were and Mr. Mulvey noted that typically if the building is on the national register that would be grounds for appeal. This building is not on the national register, but has the ability to be. Marsie West noted that the fact sheet indicates that the building is on the national register and the Town Manager noted that is incorrect. It is on the Town's historic list. Daniel Ensminger asked if they plan on keeping all the retail, including the boxes, and it was noted they do. Ben Tafoya noted the existing retail service is an anchor core in downtown and he doesn't want to lose the traffic in downtown. He requested that they try to maintain the operation as is and any proposal to maintain the retail at that location should be considered. Marsie West noted she feels it is important to keep the retail where it is, but not to commit on the back office. 6,?-, V Board of Selectmen Minutes — April 9, 2013 — page 5 James Bonazoli noted it should stay in the 40R district. Daniel Ensminger asked if any locations have been sold and leased back the retail part. Mr. Mulvey indicated in West Hartford, CT a bank took over the rest of the building. The Town Manager noted that there are 60 dead parking spaces at the Post Office and they are valued at $26,000 per space. Historical Commission member Virginia Adams requested that the Board ask for an extension on the comment period. She noted that is a fine building with architectural detail. The structure is the focus of the community. She feels it would be nice to have covenants on the structure. James Bonazoli asked about extending the comment period and Mr. Mulvey indicated that the historical process has been going on for more than 60 days. Once the comment period ends then there is an appeal period and then there's another comment period. Daniel Ensminger requested a copy of the historic report. The Town Manager indicated he will draft communication for the Selectmen's meeting on April 23 and he will copy the Historical Commission. The Town Manager asked what the time frame is and Mr. Mulvey indicated a minimum of one year to a maximum of three years. Hearing — Liquor License Application — Portland Pie, 54 Haven Street — The Secretary read the hearing notice. Joe O'Neil, Chief Operating Officer of Portland Pie, noted that they are a Maine based company specializing in pizza. The have three locations around Portland and two in New Hampshire. There will be two dining areas — one for family and one with bistro high dining. There will be a double sided fireplace and they are proposing 20 seats outside. It is a family friendly restaurant and they give back to the community. His restaurant will create 50 new jobs. The Town Manager noted that CPDC approved the site plan. The liquor license is for both indoor and outdoor. Staff is looking at the outdoor seating in relation to Zinga who has outdoor seating. Daniel Ensminger asked if the wait people have TIPS training and if there is any history of serving to minors at the other locations. Mr. O'Neil indicated that each wait person will be trained before opening and there have been no violations at the other locations over the past 16 years. John Arena asked if they are using non - breakable dinnerware outside and Mr. O'Neil noted that is their intention. The Town Manager noted that the Selectmen regulations don't allow plastic ware. James Bonazoli asked the intent of not allowing plastic ware Board of Selectmen Minutes — April 9, 2013 — page 6 and the Town Manager noted it is basically for dining in establishments not restaurants like McDonalds. Ben Tafoya asked who the onsite Manager will be and Mr. O'Neil indicated that his best Manager, Charlie Clement, will be. James Bonazoli noted that RCASA will be looking for a partnership. A motion by Ensminger seconded by West that the Board of Selectmen close the hearing on an application for an All Alcoholic Restaurant Liquor Licenses for Reading Pie LLC d/b /a Portland Pie Company, 54 Haven Street. Move that the Board of Selectmen approve the All Alcoholic Restaurant Liquor Licenses for Reading Pie LLC d/b /a Portland Pie Company, 54 Haven Street was approved by a vote of 5 -0 -0. A motion by Tafoya seconded by West that the Board of Selectmen approve the All Alcoholic Restaurant Liquor Licenses for Reading Pie LLC d/b /a Portland Pie Company, 54 Haven 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 subiect to a satisfactory inspection of the establishment by the Town Manager. The motion was approved by a vote of 5 -0 -0. The Town Manager indicated he will put the conditions of plastic ware on the actual license. Review Town Meeting Warrant Articles — The Town Manager reviewed the Articles on the Town Meeting Warrant. Daniel Ensminger asked for details regarding Article 13 — settlement of litigation. The Town Manager noted that this is a suit between TLT, the Town and the Project Manager of the High School project. It stems from HVAC problems and the Town insisted the General Contractor fire the subcontractor. The total cost is $72,000. On Article 24, John Arena noted that this is a remedy to the gap of referendum to have the Town Clerk prepare the forms and adjust or clarify the days. He is willing to defer the language on days. Ben Tafoya indicated he doesn't feel a need for Article 24 right now. Marsie West noted it is very difficult to draft correct language and she supports it. A motion by Tafoya seconded by West to recommend the subject matter of Articles 4, 5, 6, and 8 — 22 of the 2013 Annual Town Meeting Warrant was approved by a vote of 5 -0 -0_ & C", (0 Board of Selectmen Minutes — April 9, 2013 — page 7 A motion by West seconded by Ensminaer to recommend the subiect matter of Article 24 of the 2013 Annual Town Meeting Warrant was approved by a vote of 4- 1-0 with Tafova against. Approval of Minutes A motion by Bonazoli seconded by Arena to approve the minutes of February 26, 2013 was approved by a vote of 3 -0 -2 with Ensminaer and West abstaining. A motion by Bonazoli seconded by Tafova to approve the minutes of March 5, 2013 was approved by a vote of 3 -0 -2 with Ensminaer and West abstaining. A motion by Bonazoli seconded by Tafova to approve the minutes of March 26, 2013 was approved by a vote of 3 -0 -2 with Ensminaer and West abstaining. A motion by West seconded by Tafova to adiourn the meeting at 10:50 p.m. was approved by a vote of 5 -0 -0. Respectfully submitted, Secretary � a,,-/ I-4c, 6 D Important FiOS TV Programming Information Dear Valued Verizon Customer, At Verizon, we recognize that providing the most current HOS® TV programming information goes a long way in delivering the best entertainment experience to our customers. That's why we want to notify you of upcoming changes to the FiOS TV channel lineup in your area. On or after June 1, 2013, Cinemax® will make changes to two channels: • @MAX (channels 429SD and 929HD), which currently features contemporary movies, will become MAX Latino, a Spanish language version of the Cinemax main channel (420SD and 920 HD), with hit movies, original series, and more; and • WMAX (channels 428SD and 928HD), which currently features movies for women, will become MovieMAX, a movies -only channel with a wide selection of recent Hollywood hits, blockbusters, classics, and more You can find the most current FiOS TV Channel Lineup, which displays the programs available to you, at verizon.com /fiostvchannels. We thank you for your business and look forward to continuing to provide you with the very best entertainment services. Sincerely, Your Verizon Team NZ Ccomcast 1013 APR 24 AM 9- 56 April 23, 2013 via UPS Board of Selectmen Town of Reading 16 Lowell Street Reading, MA 01867 RE: Price Adjustment — July 1, 2013 Dear Chairman and Members of the Board: 11 �c 603 In keeping with our commitment to provide you with regular updates, I am writing to advise that due to changes we incur in programming and other business costs we need to periodically adjust prices on certain video services, equipment and installation fees. Attached, please find the customer notice which outlines changes for your community effective July 1, 2013. Customers are being noticed, in advance, of this information. Should have any questions regarding this information please do not hesitate to contact me at (978) 927- 5700 x43024. Sincerely, Janw,At. Lyma v Jane M. Lyman, Sr. Manager Government & Regulatory Affairs q1 IMPORTANT PRICE ADJUSTMENT INFORMATION for Reading, MA Dear Valued Customer: May, 2013 All of us at Comcast are committed to improving your entertainment and communications experience, and we continue to invest in making your services even better. While we continue to make these and other investments, we periodically need to adjust prices due to changes we incur in programming and other business costs. Starting July 1, 2013, or with your next bill thereafter, new prices will apply to certain video services, equipment and installation fees as indicated in this notice. We'd welcome the opportunity to help you find the perfect package that meets your needs. Visit us at xfinity.com or call us at 1- 800 - XFINITY to learn more. Thank you for being a Comcast customer. We look forward to continuing to serve you. Prices shown are for residential service only and do not include federal, state and local taxes, FCC user and franchise fees or Regulatory Recovery fees or other related costs. If you are currently receiving services on a promotional basis, under a minimum term agreement associated with a specific rate, or in the guaranteed period of one of our SurePriceTM plans, the prices for those specific services will not be affected during the applicable promotion, minimum term or SurePriceTM period. After a notice of an increase in rates, you may change your level of service at no additional charge for a period of 30 days from the effective date of the change. Please refer to your billing statement for your Local Franchising Authority's name and address. Prices, services and features are subject to change. Not all services are available in all areas. VIDEO EQUIPMENT Current New Price Price Eff.07/01/13 Limited Basic Only Converter ...........................$ 0.60 $ 1.00 Digital Converter ....... ..............................$ 2.15 $ 2.50 HD Digital Converter (Limited Basic Only) .................. $ 2.15 $ 2.20 INSTALLATION FEES (per occurrence unless noted) 1 Current Price New Price Eff. 07/01/13 Installation of each Additional Outlet after initial installation of service ...................... $31.50 $32.15 Activation of each Additional Outlet after initial installation of service ...................... $21.75 $22.05 Relocate Additional Outlet after initial installation of service ...................... $13.60 $28.55 Upgrade Standard Definition DVR or HD DVR Service ......... $20.05 $26.30 Upgrade of Service (In -home visit required) ................ $20.05 $26.30 t Does not include Extreme 305 or Extreme 105 Internet Service installation charge, wireless networking, professional internet installation, Voice installation fees or activation fees. / b v SA3DF1D1 OF R Town of Reading m ' 16 Lowell Street a 1NCORQ Reading, MA 01867 Joseph R. Veno, Chairman Sharon M. Angstrom Richard P. Foley April 25, 2013 Alan Foulds Reading Town Moderator 9 Ide Street Reading, MA 01867 Dear Alan, Ljc�O CONTRIBUTORY RETIREMENT BOARD Ph: (781) 942 -9007 Fx: (781) 942 -9037 Francis P. Driscoll Thomas A. Clough Colleen Loughlin, Ret Admin Please be advised that the Reading Retirement Board is meeting on May 28, 2013 and will vote on a cost of living increase for our retirees for fiscal year 2014. According to the provisions of Chapter 127 of the Acts of 1999, the Reading Retirement Board must annually notify the proper legislative body 30 days before a publicly posted meeting where the Reading Retirement Board decides whether to elect to grant an increased COLA. Please call me at (781) 942 -9007 if you have any questions. Sincerely, Colleen Loughlin J Retirement Board Administrator cc: Peter Hechenbleikner Town Manager ,q(f- ZM3 APR 29 AM 11: 09 April 25, 2013 Chief Burns Reading Fire Department Reading, MA 01867 Dear Chief Burns: I �c 6( 1 It's that time of the year again when we are out enjoying our deck and the weather. We would very much like for you to reinstitute the solution you implemented the last two years to remove the mobile classroom vehicle from it's location at the Woburn Street Fire Station. Any other spot to park it in a non - residential setting would be welcome. As you are aware, although it's purpose is commendable, it is a large, unsightly vehicle to have parked so close to our house. We still feel the optimum solution is to store the RV at the DPW facility or other suitable non- residential area. We have made this request before and were told that there was too much potential for vandalism so the RVs could not stay at the DPW facility. Since that time, the area has significantly developed to include two large grocery stores as well as renovated retail stores and restaurants. Since this development occurred we have noticed that the Reading Senior Van and other valuable assets are stored overnight at the DPW facility without vandalism or other damage. We hope that it may now be possible to move the RVs to that area since there is such a large commercial presence. Not only is the RV inches from our fence and property line, maneuvering the RV and other similar vehicles have resulted in collisions with our fence on more than one occasion. We are not complaining and value our good relations with our neighbors so please regard this in the spirit in which it is intended: simply a shift which may not pose a problem for you. Thank you for your consideration. We can be reached at 781 - 779 -1049 if you have any questions or suggestions. Sincerely yours, Emily 1v Jamie aughan 263 Woburn Street Re ing MA cc Reading BOS 69