HomeMy WebLinkAbout2013-07-30 Board of Selectmen PacketDRAFT - BOARD OF SELECTMEN
2013 AGENDAS 2013
712412013
Staff
Responsibility
Estimated
Start time
July 30, 2013
Discuss 'peer communities'
Roberts
7:30
Memorial Park
Feudo
7:45
HEARING
Bertucci's Restaurant - Issuance of stock, new
officer /director, new stockholder and transfer
of stock
LeLacheur
8:00
Overview of 128 Marketplace (Danis) building
project
Delios
8:15
Request for ad hoc Zoning Advisory Committee
Delios
8:30
Develop policy on affordable housing; Regional
Housing Services Coordinator
Delios
8:45
Follow up on funding the Affordable Housing
Trust Fund
LeLacheur
9:15
Review Constables situation
LeLacheur
9:30
Preview Special Town Meeting
LeLacheur
9:45
August 20, 2013
Office Hour
Ben Tafoya
6:30
HEARING
Review & adopt - Traffic Rules and
Regulations
Martel
7:30
HEARING
Close Special Town Meeting Warrant
LeLacheur
8:00
Set Liquor License Fees for CY14
LeLacheur
8:15
HEARING
Paint & Sip beer & wine license
LeLacheur
8:30
Review final drainage studies
Zambouras
9:00
DPW & Cemetery garage sites
Zager
9:30
August 21, 2013 (Weds.) - Financial Forum
(Woburn Street School operating)
Pleasant St. Ctr
7:30
August 26, 2013
Joint meeting with School Committee
*RMHS
7:00
September 4 & 5 Rosh Hashanah
no meetings
WORKSHOP
September 10, 2013
Office Hour
John Arena
6:30
Town Accountant Report jAngstrom
7:30
CAB (RMLD) member Report
7:45
RCTV members report
8:00
Preview Subsequent Town Meeting
LeLacheur
8:15
Business Workshop
LeLacheur
8:30
EDC mission joint meeting
September 11, 2013 (Weds.) - Financial Forum
(Woburn Street School)
Pleasant St. Ctr
7:30
September 16, 2013 - Special Town Meeting
(Mon)
no meetings
7:30
September 19, 2013 - Special Town Meeting
(Thurs)
no meetings
7:30
September 24, 2013
Reading/Wakefield Assessing update
LeLacheur
7:30
HEARING
Close Subsequent TM Warrant
LeLacheur
8:00
Review BOS/TM Goals
LeLacheur
October 8, 2013
Office Hour
James Bonazoli
6:30
Tax Classification preview
October 9, 2013 (Weds.) - Financial Forum
(FY15 Budget)
Pleasant St. Ctr
7:30
October 22, 2013
MAPC member Report
HEARING
Tax Classification
Bd of Assessors
8:00
October 29, 2013 (Tues.) - Special Election
(Woburn Street School)
no meetings
November 5, 2013
Office Hour
Marsie West
6:30
November 12, 2013 - Subsequent Town Meeting
(Tues)
no meetings
7:30
November 14, 2013 - Subsequent Town Meeting
(Thurs)
no meetings
7:30
November 18, 2013 - Subsequent Town Meeting
(Mon)
no meetings
7:30
November 26, 2013
Tax Classification hearing
Approve Liquor Licenses
December 10, 2013
Office Hour
Marsie West
6:30
Approve licenses
Approve early openings /24 hour openings
December 17, 2013
Town Manager Performance Evaluation
future agendas
Discuss driveway width issues
Zambouras
Second Water Meter
Zager
Dog Park opportunity
Feudo
Strout Avenue Master Plan - after Town Forest
planning work is done
Feudo
Grove Street parking issues
LeLacheur
Policy on Trust Fund Commissioners
Heffernan
Review license and permit fees
Delios
Consideration of Class 2 MV license - Global
gas station.
recurring items
Town Accountant Report
Jan - Apr -Jul -Oct
Qtrly
Review BOS/TM Goals
Jan - May -Sept
Tri -ann
Review Customer Service survey results
Jan & July
Semi -ann
RCTV members Report
Feb & Aug
Semi -ann
CAB (RMLD) member Report
Mar & Sept
Semi -ann
MAPC member Report
April & Oct
Semi -ann
Reading Housing Authority Report
Annual
Reading Ice Arena Report
Annual
Approve licenses
December
Annual
Appointments of BCCs
June
Annual
Tax Classification Hearing
Oct/Nov
Annual
THE TOWN OF READING
FINAL REPORT
COMPENSATION AND CLASSIFICATION STUDY
NON -UNION POSITIONS
RACHEL BROWN, C.C.P.
Consultant
STONE
CONSULTING, INC..
5 West Mill Street, Suite 5
Medfield, MA 02052
T (508) 359 -9600
F (508) 359 -0190
rbrown@stoneconsult.com
December, 2008
Sa' `
a�
/6J�`i�toaea�`*
Market Survey
Town of Reading
Classification and Compensation Study
Final Report
The following communities were included in the compensation survey. Winchester and
Wakefield were invited to participate but did not complete the survey.
Andover
Danvers
Milton
Stoneham Wilmington
Bedford
Dedham
Natick
Tewksbury
Belmont
Lynnfield
North Andover
Walpole
Burlington
Mansfield
North Reading
Westborough
Canton
Marshfield
Shrewsbury
Westford
The following shows how these twenty -two communities compare on various statistics (gathered
from the Department of Revenue site).
Town
2006
Estimated
US Census
1999
Income per
Capita
2006 EQV/
2006 US Census
FY07 Operating
Budget
Andover
33,475
$ 41,133
$ 219,674
$ 128,185,806
Bedford
12,884
$ 39,212
$ 228,730
$ 66,891,045
Belmont
23,308
$ 42,485
$ 237,626
$ 93,646,969
Burlington
24,895
$ 30,732
$ 183,310
$ 91,015,104
Canton
21,772
$ 33,510
$ 201,375
$ 73,031,652
Danvers
25,833
$ 26,852
$ 175,737
$ 80,916,151
Dedham
23,615
$ 28,199
$ 180,509
$ 81,389,289
L nnfield
11,443
$ 39,560
$ 221,975
$ 36,862,442
Mansfield
23,096
$ 27,441
$ 152,888
$ 75,980,346
Marshfield
24,836
$ 28,768
$ 192,745
$ 82,224,334
Milton
25,902
$ 37,138
$ 189,903
$ 80,251,632
Natick
31,866
$ 36,358
$ 204,555
$ 111,634,235
North Reading
13,950
$ 30,902
$ 192,633
$ 51,262,020
North Andover
27,196
$ 34,335
$ 170,943
$ 81,968,147
Shrewsbury
33,262
$ 31,570
$ 1515584
$ 89,449,668
Stoneham
21,471
$ 27,599
$ 155,855
$ 61,168,681
Tewksbury
29,418
$ 27,031
$ 148,385
$ 83,935,864
Walpole
23,165
$ 32,117
$ 175,837
$ 71,349,114
Westborough
18,634
$ 35,063
$ 200,723
$ 78,370,207
Westford
21,507
$ 37,979
$ 182,453
$ 84,7565538
Wilmington
21,525
$ 25,835
$ 173,469
$ 68,764,351
10
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Town of Reading
Classification and Compensation Study
Final Report
Town
2006
Estimated
US Census
1999
Income per
Capita
2006 EQVt
2006 US Census
FY07 Operating
Budget
Avera es:
23,372
S33,200
318'. -33
S 79,481,949
25th Percentile
21,498
$ 28,049
$ 171,143
$ 70,702,923
50th Percentile
27,587
$ 39,422
$ 221,091
$ 81,152,720
75th Percentile
25,850
$ 37,348
$ 202,170
$ 85,929,821
Reading
23,086
$ 32,888
$ 171,209
7 $ 81,947,780
These were the same communities that participated in the Reading School Department survey.
The Town of Reading compares favorably to the average of the demographics, with the
exception that Reading's Equalized Property Valuation divided by census best reflects the 25th
percentile of those communities surveyed.
,�-G-,s
Memo
To: Bob LeLacheur, Town Manager
From: John Feudo, Recreation Administrator
Data 7/24/2013
Re: Memorial Park Lights
The Friends of Reading Recreation would like to take on restoring the Memorial Park Lights as their
next project. The original project that was funded privately had a shortfall when the park was
completed back in 2010. However, returning the lights to Memorial Park has always been in the
master plan and is supported by the Recreation Committee as well was promised to the donor. As you
already know the Friends of Reading Recreation utilize the park for several events throughout the year,
so the fit for them to fundraise is a natural connection. The package you are reviewing has some basic
specifications for proposed lighting at Memorial Park and includes a letter that was passed around the
neighborhood.
With approval to move forward, the Friends of Reading Recreation would like to begin a fundraising
campaign to return lights to this facility perhaps as soon as November of 2013.
I appreciate the opportunity to discuss further with the Board of Selectmen.
0 Page 1 � � I
To: Reading Residents
From: Friends of Reading Recreation
Pete Coumounduros petegc @cargo - transport.com
Kathy Kinney kathmkinney @aol.com
David Chase david.y.chase @jci.com
Subject: Memorial Park Ice Skating Lights
Date: 6/14/2013
When the Memorial Park was renovated in 2010 the drainage, parking, basketball courts, tennis courts
and skating areas were improved. Unfortunately the town was not able to re -do the lights for the ice
skating area. Most people are just now realizing the light are not there anymore. Friends of Reading
Recreation and The Recreation Department would like to get the lights back so that we can skate and
play pick -up hockey again this coming winter season. We plan to have metal poles and the electrical
wiring underground. The next steps are to complete the design, get estimates, confirm neighborhood
support, present to selectman, and determine construction, maintenance and electrical cost. The
design is in the concept phase. 6 poles, 16 lights, Lights similar to Tufts 2 and men's lighted softball field
at Birch Meadow, See sketch:
�° °�O °boy
Legend
Ice Skating #1 Soccer • Metal Pole (6)
Ice Skating #2 area o Light (16)
0 ° Direction light is pointing
o °o !� o� °
oy
Weather proof enclosures for controls Meter
Harrison Street
Telephone pole
We are looking for people to help with the design, materials, labor and fundraising. If you want to help
or donate let us know by email via the 3 addresses above.
56�
Mounting Height:
25 ft
Gauge:
7
Butt Diameter:
5 in
Top Diameter:
5 in
Base Diameter:
11 in
Bolt Circle:
10-12 in
Bolt Projection:
3.375 in
Bolt Size: 1 x 36 x 4
Net Weight:
319
Luminary Weight:
150
Arm Length:
Date: 05 /15/2013
Quantity:
TO
Diameter
-A-
4 Bolt Base SSS25D5 -4-
optional Tenon Mounting (SPeN) —,. 8
Arm Drilling Per OJS sPec�-
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Rei*rced H ntde (3" x 51 Bolt Cirde
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Sled Suers (See Detail)
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ABS Plastic Base Carer I
1 (4) Andxx Bolts per AASHM M314-9Q .60
-E- Grade 55, Ttp Ur G&varIM Per
Sq. ❑ ASTM A153, With Gate Sd. telex. Nuts,
I.odcwadws & R&ASStrers
Notes:
1) AN Material Shall Be Weldable- Grade, Hat Rolled, Conmerdal Qwity Gubm Steel Thing.
Base Plate and Hardhde Material Shall Conform to ASTM A36.
All Welds Shall Cafam To AWS DU Using E70)ot EkWxles.
2) EPA Calarlatlons Based Upon AASHTO SWKbrd Spedficadom for Sbtxtural Supports for
Highway Stgis, Urdriam and Traf fic SgnaLs,1994 Edition, Using M SSA of 25 Nls
Per Sq R of EPA FWtt Codbe is Based On formula, (KM)A(1/7). EPA's Are
cAwiated At Top of Shat AN Welds Shall Caform To AWS Dl.l Using E70or Electrodes.
Maximum EPA
Your Name:
70:
24.1
Representative Name:
SO:
17.6
Architect Name:
90:
12.9
Project Name:
100:
9.3
Customer P.O. *:
110:
6.7
Finish: -
Date: 05 /15/2013
Accessories
Notes:
Visit Hdpco.com or calf 600-366 -7171 or fax Z76-6Z6 -7707 v.2.03
WARNING: Do not
install light pole
without luminaire.
� b3
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Metal Halide M= Medium S =Spill Light ConVOI Louvers 1500 =150OW 208V C8 =6' Cord, Prewired (Specify Voltage)
MH =Metal Halide W =Wide 7650 =1650W 240V u3 =3' USL Water Tight Cord 8 Plug for USL System (Specify Voltage)
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Type
H x V
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40'x 15°
Medium
1000 -165OW Metal Halide
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Wide
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72° x 75°
DISTRIB
<:D3 C>
Narrow Narrow Medium Medium Wide Wide
Spill / Glare Spill / Glare Spill / Glare
ORDERING INFORMATION
Sample Number: MHAS- MS- 1500.480V -1.113
Lamp Type Distribution Internal Lowers Lemp Wattage ' Voltage ' Options
MP =PUl Start N= Narrow _ =None 1000 =1000W 120V C3 =3' Cord with no plug (Specify Voltage)
Metal Halide M= Medium S =Spill Light ConVOI Louvers 1500 =150OW 208V C8 =6' Cord, Prewired (Specify Voltage)
MH =Metal Halide W =Wide 7650 =1650W 240V u3 =3' USL Water Tight Cord 8 Plug for USL System (Specify Voltage)
Series 277V F1 =Single Fuse (120, 277 or 347V only)
AS= ALLSTAR Sports 347V F2= Double Fuse (208, 240 or 480V only)
Floodlight 480V HD= Heavy -Duty Shroud
MT 3 RO= Remote Quartzs
TT 4 RT= Remote Quartz Cold Start Time Delays
220/50HZ TV =Top Visor (Black Polyester Powder Coated)
Notes: 1 All lamps are mogul -bass. Lamp not included. Pulse Start Metal Halide (MP) available in 1000 Watt. only.
2 Products also available in non -US voltages end 50HZ for international markets.
3 Multi -Tap ballast 120/209/240/277V wired 277V.
4 Triple -Tap ballast 120/2771347V wired 347V.
5 Wiring pulled for remote 1000W max. Guartz Flood.
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LEGAL NOTICE
TOWN OF READING
To the Inhabitants of the
Town of Reading:
Please take notice that the
Board of Selectmen. of the
Town of Reading will hold a-
public hearing .on. July 30,
2013 at 8:00 p.m. in the
Selectmen's Meeting Room,
16 Lowell Street,. Reading,
Massachusetts on: Issuance
of Stock, New
Officer /Director, New
Stockholder and Transfer of
Stock for Bertucci's
Restaurant Corp. at 45
Walkers Brook Drive.
A copy of the proposed
document regarding this
topic is available in the Town
Manager's office, 16 Lowell
Street, Reading; MA, M -W-
Thurs from 7:30 a.m. = 5:30
p.m., Tues from 7:30 a.m. -
7:00 p.m. and is attached to
the hearing notice on the
website at
www.readingma.gov
All -interested parties are
invited to attend the hearing,
or may submit their. com-
ments in writing or by email
prior to 6 :00 p.m. on July 30,
2013 to
townmanager@ci.reading.ma.
us
. By order of
Robert W. LeLacheur
Town Manager
7,9
DEMAKIS LAW OFFICES, P. C.
GREGORY C. DEMAKIS
THOMAS C. DEMAKIS
SANDOR RABKIN
JOSEPH H. DEVLIN*
*Also Admitted in N.H.
June 27, 2013
Mr. Peter Hechenbleikner
Town Manager
Reading Town Hall
16 Lowell Street
Reading, MA 01867
56 CENTRAL AVENUE
LYNN, MASSACHUSETTS 01901
TEL. (781) 595 -3311
FAX (781) 592 -4990
www.demakislaw.com
LJ
r—
Re: Application of Bertucci's Restaurant Corp. — change of officer and
director, stock transfer and stock issuance with regard to 41 Massachusetts
locations with alcoholic beverages licenses
Dear Mr. Hechenbleikner:
Per the letter you have received from the Massachusetts Alcoholic Beverages
Commission (the "ABCC "), a copy of which is also enclosed, Bertucci's Restaurant
Corp. (the "Licensee) has applied for a change of officer and director, and stock transfer
and issuance, relative to their Massachusetts locations, as a result of a change in
ownership in upper -tier entities,. The transaction involves both of the parent company's
restaurant concepts (`Bertucci's" and "2ovens "), and includes over 90 restaurants in ten
states. The transaction will not result in any change to the manager, operation or
physical structure of the individual restaurant in your municipality, other than in the
normal course of business, and the company has endeavored to make sure all manager
changes were heard prior to this application.
V
With regard to the liquor licenses in Massachusetts, the Licensee submitted the
applications to the ABCC through the "Inverted Approval Process ", and the ABCC has
reviewed and investigated the applications and found that the transactions requested are
in compliance with M.G.L. Chapter 138. Per the letter sent by the ABCC, you will not be
required to send back any other forms, documents or information in connection with the
application other than the Form 43 and advertisement from your community. PLEASE
NOTE: public notice via a newspaper advertisement is required, and the ABCC will
need to receive a copy of the advertisement and the approved Form 43 from your
community.
Enclosed please find the following documents relative to the transaction for your records:
Joe / open /licensing/bertucci's -stock tx/Cover letters and municipal addresses -5—C
1. Letter from Ralph Sacramone, Executive Director of the Alcohol
Beverage Control Commission (the "ABCC ").
2. Monetary Transmittal Form and copy of filing fee.
3. Form 43 (for reference or use).
4. Petition for Transfer of Ownership.
4. Retail alcoholic beverages application.
5. Personal Information Forms of officers and directors (and copies of any
manager changes which may have been recently submitted to you) .
6. Exhibit Package.
We would appreciate you putting this on your next available meeting schedule.
We will be calling shortly hereafter to follow -up and see if you need us to attend the
meeting, though we are anticipating from past experience that many communities will
not.
. We look forward to speaking and working with you again. If you should have
any questions with regard to this application, please feel free to call Mariel Cabot or
Doreen Marquis at extensions 100 and 111, respectively.
Thank you very much for your time and cooperation.
ery truly - yours,
1
- Joseph H. Devlin
JHD /mc
Enclosures
Joe / open /licensing(bertucci's -stock tx/Cover letters and municipal addresses �L_3
EAC
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June 24, 2011
LOCAL BOARDS
Amherst, Andover, Beverly, Boston, Braintree, Brockton, Cambridge, Canton,
Chelmsford, Framingham, Hingham, Holliston, Lexington, Longmeadow, Mansfield,
Marlboro, Medford, Needham, Newton, North Andover, North Attleboro, Norwood,
Peabody, Plymouth, Randolph, Reading," Shrewsbury, Swampscott, Taunton, Waltham,
Watland, Wellesley, Westboro, West Springfield, and Woburn
The Commission has received a request from Bertucci's Restaurant Corp. for a New
Officer / Director and Transfer of Stock as will a New Stockholder with Issuance of
Stock in the above -noted cities and. towns.
Due to the magnitude of these transactions, the Commission has received the
information and documents provided by the licensee. The review was to determine
whether the contemplated transaction is consistent with the provisions of M.G.L. c. 138.
Based upon our review, we are satisfied that the transaction is consistent with the
purposes of the law and would not result in the individual corporate licenses being
deemed to be out of compliance with the applicable statute. Accordingly, this letter sets
forth our recommended procedure for the processing of these applications.
Arrangements have been made for the Corporation to pay all of the $200 application
fees directly to the Commission. Therefore, no fee needs to be collected.
The Commission has reviewed and accepted copies of the following documents and
instruments:
1. Petition for Transfer of Ownership
2. Personal Information From
3. Application
4. Vote of the Board of Directors
5. Documents outlying the finances of the transaction �G
Where there will be no change of existing managers, the Commission will not require
that a Manager Form be completed, nor will the Commission require background
information on the managers as such information should already be on file.
The applicant will contact you directly for processing the application. Please
forward to the Commission the Form 43. The Commission will require no other f6mis,
documents or information in connection with these applications. Should you or your
town/city solicitor have any questions or require information or assistance, please contact
Investigator Jack Carey at (617) 727 -3040, extension 736.
Sincerely,
Ralph Sacramone
Executive Director
Cc: Ted Mahony, Chief Investigator
Pat Krueger, Licensing Coordinator
Gregory C. Demakis, Esq.
Joseph H. Devlin, Esq.
sus
The Commonwealth of Massachusetts
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
IF USED EPAY, CONFIRMATION NUMBER
A.B.C.C. LICENSE NUMBER (IF AN EXISTING LICENSEE, CAN BE OBTAINED FROM THE CITY) 101600026
LICENSEE NAME k;tucci's Restaurant Corp.
ADDRESS 4S Walkers Brook Drive
CITY/TOWN Reading STATE MA ZIP CODE 01867
TRANSACTION TYPE (Please check all relevant transactions):
❑ Alteration of Licensed Premises
❑ Cordials/Uqueurs Permit
❑X New Officer /Director
❑ Transfer of License
❑ Change Corporate Name
❑X Issuance of Stock
❑X New Stockholder
Transfer of Stock
❑ Change of License Type
❑ Management/Operating Agreement
❑ Pledge of Stock
❑ Wine & Malt to All Alcohol
❑ Change of Location
❑ More than (3) §15
❑ Pledge of License
❑ 6-Day to 7 -Day License
❑ Change of Manager ❑ New License ❑ 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
,5-G(
101600026
ABCC License Number
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
Reading
City/Town
TRANSACTION TYPE (Tease check all relevant transactions):
M New License QX New Officer/Director Pledge of License
❑ Transfer of License Change of Location E] Pledge of Stock
❑ Change of Manager Alteration of Licensed Premises QX Transfer of Stock
❑ Cordials/Liqueurs Permit XQ Issuance of Stock XD New Stockholder
❑ 6 -Day to 7 -Day License F] Management/Operating Agreement ❑ Wine & Malt to All Alcohol
n For Reconsideration
Local Approval Date
M Change Corporate Name
E] Seasonal to Annual
❑ Change of License Type
E] Other
Name of Licensee Bertucci's Restaurant Corp. EIN of Licensee
DB /A Bertucci's Brick Oven Ristorante Manager Michael D. Bonnell
ADDRESS: 45 Walkers Brook Drive CITY/TOWN: Reading STATE MA ZIP CODE 01867
Annual -� All Alcohol Restaurant
Annual or Seasonal Category: wl Akohol- Wine & mak wine, Type: (Restm.mv. chA% Pad age
malt & Cordials) Store. General On Premises. EtQ
Complete Description of Licensed Premises:
Approximately 6770 square feet Italian kitchen, one barAounge, two dining rooms, outside patio, one main entrance, one rear exit.
Application Filed: Advertised: Abutters Notified: Yes [] No
Date & Time Date & Attach Publication
Contact Person for Transaction Joseph H. Devlin, Esq./Demakis Law Offices Phone: 781 -595 -3311 ext.105
ADDRESS: 56 Central Avenue CITY/TOWN: Lynn STATE El ZIP CODE 01901
Remarks: EIN of Seller. n/a Pledge to:
The Local Licensing Authorities Alcoholic Beverages Control Commission
By. - Ralph Sacramone
Executive Director
ABCC Remarks: �c /
c�—
002400063
ABCC License Number
The Commonwealth of Massachusetts
Alcoholic Beverages Control Commission
239 Causeway Street
Boston, MA 02114
www.mass.gov /abec
PETITION FOR TRANSFER OF OWNERSHIP
Amherst
City/Town
The licensee;Bertucci's Restaurant Corp. and the proposed transferee Bertucci's Restaurant Corp.
respectfully petition the Licensing Authorities to approve the following transfer of ownership.
Is the PRESENT licensee a Corporation/LLC duly registered under the laws of the Commonwealth of Massachusetts?
❑x Yes ❑ No If YES, please list the officers, .directors and stockholders, their residences, and shares owned by each.
Name
Title
Address
Stock or % Owned
David G. Lloyd
CEO, President, Director
21 Garden Road, Wellesley, MA 02581
0%
Brian P: Connell
CFO, Treasurer, Secretary .
3 Patriot Lane, Whitman, MA 02382
0%
Bryan K Schwanke
Assistant Secretary
930 Union Street, Duxbury, MA 02332.
0%
Bertucci's Inc
_Stockholder
155 Otis Street, Northborough, MA 01532
100%
See Exhibit A for additional
structure .
Is the PROPOSED transferee a Corporation/LLC, duly registered under the laws of the Commonwealth of Massachusetts?
❑x Yes ❑ No If YES, please list the officers, directors and stockholders, their residences, and shares owned by each.
TO: (Place an * before the name of each DIRECTOR/LLC Manager.)
Name
Title
Address
Stock or % Owned
.William Thomas Freeman
CEO, President, Director
.344 Long Cove Trail, Salem, SC 29676
0%
Brian P. Connell
CFO, Treasurer, Secretary
3 Patriot Lane, Whitman; MA 02382
Ogfo
Bryan K Schwanke
Assistant Secretary
930 Union Street, Duxbury, MA 02332
0%
Bertucci's Inc.
Stockholder
155 Otis Street, Northborough, MA 01532
100%
See Exhibit A for additional
structure .
i ne above named proposed transferee hereby jo in this peti for transfer of said license.
SIGNATURE OF LAST- APPROVED LICENSEE:..
Co atio c by its agaer&d representative) Date Signed
SIGNATURE OF PROPOSED TRANSFEREE: Y I / / I / /6,Q
APPLICATION FOR RETAIL ALCOHOLIC BEVERAGE LICENSE
City/Town Reading
1. LICENSEE INFORMATION:
A. Legal Name /Entity of Applicant:(Corporation, LLC or Individual) Bertucci's Restaurant Corp.
B. Business Name (if different) : Bertucci's Brick Oven Ristorante C. Manager of Record: Michael D. Bonnell
D. ABCC License Number (for existing licenses only) : 101600026
E.Address of Licensed Premises 45 Walkers Brook Drive City/Town: Reading State: El Zip: 01867
F. Business Phone: 781 - 942 -2001 G. Cell Phone:
H. Email: swoodin @bertuccis.com I. Website: www.bertuccis.com
Walling address (if different from E.): 155 Otis Street Cltyfrown: Northborough State: E:] Tip: 01532
TRANSACTION:
❑ New License ❑X New Officer/Director Q Transfer of Stock ❑X Issuance of Stock ❑ Pledge of Stock
❑ Transfer of License ❑X New Stockholder ❑ Management/operating Agreement ❑ Pledge of License
The following transactions must be processed as new licenses:
❑ Seasonal to Annual ❑ (6) Day to (7) -Day License ❑ Wine & Malt to All Alcohol
ANT ATTACHMENTS (1): The applicant must attach a vote of the entity authorizing all requested transactions, including the
ment of a Manager of Record or principal representative.
3. TYPE OF LICENSE:
§12 Restaurant ❑ §12 Hotel ❑ §12 Club ❑ §12 Veterans Club
❑ §12 General On- Premises ❑ §12 Tavern (No Sundays) ❑ §15 Package Store
LICENSE CATEGORY:
❑X All Alcoholic Beverages ❑ Wine & Malt Beverages Only ❑ Wine or Malt Only
❑ Wine & Malt Beverages with Cordials /Liqueurs Permit
S. LICENSE CLASS:
0 Annual ❑ Seasonal
. 'c'G9
6. CONTACT PERSON CONCERNING THIS APPLICATION (ATTORNEY IF APPLICABLE)
NAME: Joseph H. Devlin, Esq.
ADDRESS: 56 Central Avenue
CITYITOWN: Lynn STATE: MA ZIP CODE: 01901
CONTACT PHONE NUMBER: 781- 595 -3311 FAX NUMBER: 781- 592 -4990
EMAIL: 'devlin @demakislaw.com
7. DESCRIPTION OF PREMISES:
Please provide a complete description of the premises to be licensed. Please note that this must be identical to the description on the Form 43.
Approximately 6770 square feet, Italian kitchen, one bar /lounge, two dining rooms, outside patio, one main entrance, one rear exit.
Total Square Footage: 6770 Number of Entrances: 1 Number of Exits: 1 1
Occupancy Number: 263 Seating Capacity: 243
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? Final Lease
IMPORTANT ATTACHMENTS (3): The applicant must submit a copy of the final lease or documents evidencing a
legal right to occupy the premises. Other:
Landlord is a(n): I LLC 1 Other:
Name: INewview Investments LLC c/o Nordblom Mgmt Co. I Phone: 1(781) 272 -4000
Address: 15 Third Avenue City/Town: Burlington State: MA Zip: 01803
Initial Lease Term: Beginning Date 03/16/2008 Ending Date 03/16/2023
Renewal Term: 3 Options /Extensions at: 5 Years Each
Rent: $200,004.00 1 Per Year Rent: $16,667.00 Per Month
Do the terms of the lease or other arrangement require payments to the Landlord based on a percentage of the alcohol sales?
Yes ❑No X❑
IMPORTANT ATTACHMENTS(4):
1. If yes, the Landlord is deemed a person or entity with a financial or beneficial interest in this license. Each individual with an ownership interest
with the Landlord must be disclosed in §10 and must submit a completed Personal Information Form attached to this application.
2. Entity formation documents for the Landlord entity must accompany the application to confirm the individuals disclosed.
3. If the principals of the applicant corporation or LLC have created a separate corporation or LLC to hold the real estate, the applicant must still
provide a lease between the two entities.
r-7 0
9. LICENSE STRUCTURE:
The Applicant is a(n): Corporation
If the applicant is a Corporation or LLC, complete the following:
State of Incorporation /Organization: Massachusetts
Is the Corporation publicly traded? Yes ❑ No ❑X
Other:
Date of Incorporation /Organization: 11/02/1984
10. INTERESTS IN THIS LICENSE:
List all individuals involved in the entity (e.g. corporate stockholders, directors, officers and LLC members and managers) and any person or entity with a
direct or indirect, beneficial or financial interest in this license (e.g. landlord with a percentage rent based on alcohol sales).
IMPORTANT ATTACHMENTS (5):
A. All individuals or entities listed below are required to complete a Personal Information Form.
B. All shareholders, LLC members or other individuals with any ownership in this license must complete a CORI Release Form.
-7 Name
All Titles and Positions
Specific # of Stock or % Owned
Other Beneficial Interest
William Thomas Freeman CEO, President, Director None
Brian P. Connell CFO, Treasurer, Secretary None
Bryan K. Schwanke Assistant Secretary None
Bertucci's Inc. Stockholder 100%
See Exhibit A for additional structure.
*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 ❑X No ❑ If yes, list said interest below:
Name
License Type
Licensee Name & Address
Bryan K. Schwanke §12 Restaurant Schwanke Bros. Inc., 789 Quincy Shore Dr., Wollaston, MA 02170
See Exhibit B Please Select
Please Select
IPlease Select
Please Select
Please Select
Please Select
*If additional space is needed, please use last page.
Jrc 11
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 ❑X No ❑ If yes, list said interest below:
Name
Licensee Name & Address
Date
Reason
Terminated
See Exhibit C
Please Select
Please Select
Please Select
13. DISCLOSURE OF LICENSE DISIPLINARY ACTION:
Have any of the disclosed licenses to sell alcoholic beverages listed in §11 and /or §12 ever been suspended, revoked or cancelled?
Yes ❑X No ❑ if yes, list said interest below:
Date I License I Reason of Suspension, Revocation or Cancellation
See Exhibit C
14. CITIZENSHIP AND RESIDENCY REQUIREMENTS FOR A ( §15) PACKAGE STORE LICENSE ONLY:
A.) For Individual(s):
1. Are you a U.S. Citizen? Yes ❑ No ❑
2. Are you a Massachusetts Residents? Yes ❑ No ❑
B.) For Corporation(s) and LLC(s) :
1. Are all Directors /LLC Managers U.S. Citizens? Yes ❑ No ❑
2. Are a majority of Directors /LLC Managers Massachusetts Residents? Yes ❑ No ❑
3. Is the License Manager or Principal Representative a U.S. Citizen?
C.) Shareholder(s), Member(s), Director(s) and Officer(s):
1.. Are all Shareholders, Members, Directors, LLC Managers and Officers involved at least twenty -one (21) years old? Yes ❑ No ❑
15. CITIZENSHIP AND RESIDENCY REQUIREMENTS FOR ( §12) RESTAURANT, HOTEL, CLUB, GENERAL ON PREMISE, TAVERN,
I
VETERANS CLUB LICENSE ONLY:
A.) For Individual(s):
1. Are you a U.S. Citizen? Yes ❑ No ❑
B.) For Corporation(s) and LLC(s)
1. Are a majority of Directors /LLC Managers NOT U.S. Citizen(s)? Yes ❑ No ❑X
2. Is the License Manager or Principal Representative a U.S. Citizen? Yes X❑ No ❑
C.) Shareholder(s), Member(s), Director(s) and Officer(s):
1.. Are all Shareholders, Members, Directors, LLC Managers and Officers involved at least twenty-one (21) years old? Yes ❑X No ❑
1 Z
16. COSTS ASSOCIATED WITH LICENSE TRANSACTION:
A. Purchase Price for Real Property: $0.00
B. Purchase Price for Business Assets: $0.00
C. Costs of Renovations /Construction: $0.00
D. Initial Start-Up Costs:
E. Purchase Price for Inventory:
F. Other: (Specify)
G: TOTAL COST
H. TOTAL CASH
1. TOTAL AMOUNT FINANCED
$0.00
$0.00
$7,631,714.52
$7,631,714.52
$7,631,714.52
IMPORTANT ATTACHMENTS (6): Submit any and
all records, documents and affidavits including
loan agreements that explain the source(s) of
money for this transaction. Sources of cash must
include a minimum of three (3) months of bank
statements.
The amounts listed in subsections (H) and (1)
$0.00 must total the amount reflected in (G).
17. PROVIDE A DETAILED EXPLANATION OF THE FORM(S) AND SOURCE(S) OF FUNDING FOR THE COSTS IDENTIFIED IN
§17 (INCLUDE LOANS, MORTGAGES, LINES OF CREDIT, NOTES, PERSONAL FUNDS, GIFTS):
The buyer is assuming all the existing debt and loan obligations of the company, totaling $7,631,71352, which is the actual
purchase price for the transaction. However, to make the stock purchase transaction binding, the consideration for all the stock was
set at $1.00. Seethe debt assignment and assumption agreements included in the application package.
I-If additional space is needed, please use last page.
18. UST EACH LENDER AND LOAN AMOUNT(S)FROM WHICH "TOTAL AMOUNT FINANCED "NOTED IN SUB - SECTIONS 17(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 QX
If yes, please describe:
sci3
19. PLEDGE: (i.e. COLLATERAL FOR A LOAN)
) Is the applicant seeking approval to pledge the license? ❑ Yes ❑X No
1. If yes, to whom:
2. Amount of Loan: F 3. Interest Rate: 4. Length of Note:
5. Terms of Loan
B.) If a corporation, is the applicant seeking approval to pledge any of the corporate stock? ❑ Yes X No
1. If yes, to whom:
2. Number of Shares:
C. ) Is the applicant pledging the inventory? ❑ Yes ❑X 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: ❑ Yes ❑X No
21. ANTICIPATED OPENING DATE: n/a
IF ALL OF THE INFORMATION AND
ATTACHMENTS ARE NOT COMPLETE
THE APPLICATION WILL BE
RETURNED SG�y
APPLICANT'S STATEMENT
I; Brian P. conneii theflsole ro rietor � partner;
M corporate principal; ❑ LLC /LLP member
of .Bertucci's Restaurant Corp. , hereby submit this application for' stock transfer (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.
1 do hereby declare under the pains and penalties of perjury that I 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.
I 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. I understand that failure to g ve 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
sanctions Including -revocation of ai
Title:
Cor misrepresentation will constitute cause for disapproval of the Application or
for which this Application is' submitted.
Date:
,�-c / S
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.
11. LICENSEE INFORMATION:
A. Legal Name of Licensee Bertucci's Restaurant Corp.
C. Address 51 East Pleasant Street
E. City/Town Amherst
F. Phone Number of Premise (413) 549 -1900
12. PERSONAL INFORMATION:
B. Business Name (dba) Bertucci's Brick Oven Ristorante
D. ABCC License Number rOO2400063
(if existing licensee)
State MA Zip Code 01002
G. EIN of License I-
IA. Individual Name Brian Thomas Stewart B. Home Phone NumL_.
C. Address 12011 Idaho Avenue
D. City/Town Santa Monica State Zip Code 90403
E. Social Security Numbe F. Date of Bir'
G. Place of Employment Bertucd's Holdings, I.I.C.
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
tho chases occurred as well of the dfioo<Tttan of tha con�ettoni
FI
Provide a detailed description of your direct or indirect, beneficial or financial Interest In this license.
I am an officer /manager of upper -tier ownership entities.
IMPORTANT ATTACHMENTS (8): For all cash contributions, attach last (3) months of bank statements for the source(s) of this cash.
*If additional space is needed, please use the last page
I hereby swear under the pains and penalties of perjury that the Information I have provided in this application is true and
accurate:
Signature � Date
Title (if Corporation /LLC Representative) crG (o
r� The Commonwealth of Massachusetts
Cam\ 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 Bertuca's Restaurant Corp.
C. Address 51 East Pleasant Street
E. City/Town Amherst
F. Phone Number of Premise (413) 549 -1900 ��
PERSONAL INFORMATION:
B. Business Name (dba) Bertuccl's Brick Oven Ristorante
D. ABCC License Number 002400063
(If existing licensee)
State MA Zip Code 01002
G. EIN of License
A. Individual Name Raehan Mustafa Qureshi B. Home Phone Numb( -�
C. Address 1320 N. Oakhurst Drive Apt. 107
D. City/Town Beverly Hilts -� State Zip Code 90210
E. Social Security Number F. Date of Blr
G. Place of Employment Bertucd's Holdings, LLC.
3. BACKGROUND INFORMATION:
Have you ever been convicted of a state, federal or military crime? Yes ® No p
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 chanfes Ilvs the dlson iti ftha ^^m4"0119
a detailed description of your direct or indirect, beneficial or financial interest in this license.
am an officer /manager of upper -tier ownership entities.
IMPORTANT ATTACHMENTS (8): For all cash contributio
'If additional space is needed, please use the last page
of bank statements for the source(s) of this cash.
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 c�
Title L-
(if Corporation /LLC Representative) G'']
S r
The Commonwealth of Massachusetts
Alcoholic Beverages Control Commission
239 Causeway Street
Boston, MA 02114
www.massgov/abcc
4. Iri
PERSONAL INFORMATION FORM
Each individual listed In Section 10 of this application must complete this form.
11. UCENSEE
�7 B. Business Name (dba) Bertucci's Brick Oven Ristorante
A. Legal Name of Licensee Bertucci's Restaurant Corp. I
- - D. ABCC License Number 002400063
C. Address 51 East Pleasant Street (If existing licensee)
E. City/Town Amherst State Z MA Code 01002
Q p
F. Phone Number of Premise (413) 549 -1900 G. EIN of License
A. .
2. PERSONAL INFORMATION: -
'A. Individual Name Bryan K. Schwanke B. Home Phone Numbe
C. Address 930, Union Street
D. City/Town Duxbury State MA Zip Code 02332
E. Social Security Num F. Date of Birth
G. Place of Employment Bertucci's Restaurant Corp,
FORMATION:
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
4: FINANCIAL INTEREST:
Provide a detailed description of your direct or indirect, beneficial or financial interest In this license..
I am the Assistant Secretary of the applicant corporation.
PORTANT ATTACHMENTS (I3): For all cos corttrj6ution5, attach last (3) months of bank statements for the sources) of this cash.
;If additional space is needed, please use the last page
I hereby swear under the pains and penalties of perjury that the information I have provided in this application is true and
accurate:
Signature Date 3
Title Assistant Secretary (If Corporation /1-LC Representative) G ��
The Commonwealth of Massachusetts
Alcoholic Beverages Control Commission
239 Causeway Street
Boston, MA 02114
— www. massgov/abcc
PERSONAL INFORMATION FORM
Each individual listed in Section 10 of this application must complete this form..
1. LICENSEE INFORMATION:
B. Business Name (dba) I.Bertucci's Brick Oven Ristorante —�
A. Legal Name of Licensee Bertucci's Restaurant Corp. _
ABCC License.N umber 602400063
C. Address 51 East Pleasant Street (If existing licensee)
E. City/Town Amherst State MA Zip Code 01002
F. Phone Number of Premise (413) 549 -1900 G. EIN of License
,
2. PERSONAL INFORMATION: -
A. Individual Name Brian P. Connell B. Home Phone Nul
C. Address Patriot Lane
I.D. City/Town Whitman State MA Zip Code 02382
E. Social Security Numbe F. Date of Birtl
G. Place of Employment Bertucci's Restaurant Corp.
3. BACKGROUND INFORMATION:
Have you ever been convicted of a state, federal or military crime? Yes ❑ No ❑
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
ttie;diarcei.cccu' 'rred ir'inietl as t(ie disbQiffl6n ofther 6evW6iiss..
, 4. FINANCIAL INTEREST:
Provide a detailed description of your direct or indirect, beneficial or financial interest in this license.
None. I am the Chief Financial Officer, Treasurer, and Secretary of the applicant corporation:
IMPORTANT ATTACHMENTS (8): For all cash contributions, attach last (3) months of bank statements for the soutce(s) of this cash.:
"If additional space is needed, please use the last page
I hereby swear under the pains and pent
accurate:
Signature
Title CFO, Trea e , cretary
that the Information I have provided in this application is true and
Date
(if Corporation /LLC Representative)
�3
SG��
The Commonwealth of Massachusetts
. Alcoholic Beverages Control Commission
-- 239 Causeway Street
Boston, MA 02114
www. mass.0 v/abcc
PERSONAL INFORMATION FORM
Each individual listed In Section 10 of this application must complete this form:
1. LICENSEE INFORMATION:
B. Business Name (dba) Bertucci's Brick Oven Ristorante
A. Legal Name of Licensee 11Bertuccft Restaurant Corp.
- D. ABCC license Number 002400063
C. Address 51 East Pleasant Street - -
(If existing licensee) _.._
E. City/Town Amherst State MA Zip Code 01002
F. Phone Number of Premise: (413) 549 -1900 G. EIN of License
2. PERSONAL INFORMATION:
A. Individual Name William Thomas Freeman B. Home Phone Number .(864) 412 -2105
C. Address 64-Lons Cove Trail
D. City/Town Salem
E. Social Security Number
G. Place of Employment . Bertucci's Restaurant Corp..
State SC Zip Code 29676
F. Date of Bh
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
� ciiiiei occdined �,;xy iesttia dla:^�Tbit cf tlie:i�b�iiricdotti . -- - - -
FINANCIAL INTEREST:
Provide a detailed description of your direct or indirect, beneficial or financial interest in this license..
1 am the Chief Financial Officer, President, and Director of the applicant corporation.
IMPORTANT ATTACHMENTS (8): For all cash contributions, attach last (3) months of bank statements for time sourcej5)I .of this cash .
ur aaaavonal space Is neeaeci, please use the last page
1 hereby swear under the pains and penalties of perjury that the information I have provided in this application is true and
accurate:
Signature Date <
(if Corporation /LLC Representative) J G
Title C id
EO, Present, Director Z i7
The Commonwealth of Massachusetts
�\ Alcoholic Beverages Control Commission
-M:m 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.
11. LICENSEE INFORMATION:
A. Legal Name of Licensee Bertucci's Restaurant Corp.
C. Address S1 East Pleasant Street
E. City/Town Amherst
F. Phone Number of Premise (413) 549 -1900
FORMATION:
B. Business Name (dba) Bertucci's Brick Oven Ristorante
D. ABCC License Number 002400063
(If existing licensee)
State MA Zip Code 01002
G. EIN of License
A Individual Name Christopher Paul Elliott B. Home Phone Number
C. Address 1906 Floresta View Drive
D. City/Town ampa State FL Zip Code 33618
E. Social Security Numbe F. Date of Bird
G. Place of Employment Bertucc's Holdings, LLC.
3. BACKGROUND INFORMATION:
Have you ever been convicted of a state, federal or military crime? Yes ❑ No ❑x
Ryes, 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
thocharres rrid as.vmli es t e-disoosldon ofthe corrvidiorts
4. FINANCIAL INTEREST.
Provide a detailed description of your direct or indirect, beneficial or financial interest in this license.
I am a director and manager of upper -tier ownership entities.
IMPORTANT ATTACHMENTS (8): For all cash contributions, attach last (3) months of bank statements for the source(s) of this cash.
�. a uw141 Mace a neeaea, please use the last page
I hereby s� t -r the pains and penalties of perjury that the information I have provided in this application is true and
Signat a Date &-i 31-� Zj
Title Manager /Director (If Corporation /1-LC Representative) 3 ��Z
The Commonwealth ojMassachusetts
Alcoholic Beverages Control Commission
_ = 239 Causeway Street
Boston, MA 02114
www In novlahcc
PERSONAL INFORMATION FORM
Each individual listed in Section 10 of this application must complete this form.
1. LICENSEE INFORMATION:
i
A. Legal Name of Licensee Bertucci's Restaurant Corp.
C. Address 51 East Pleasant Street
E. City/Town Amherst
F. Phone Number of Premise (413) 549 -1900
PERSONAL INFORMATI
B. Business Name (dba) Bertucci's Brick Oven Ristorante
D. ABCC License Number 002400063
(if existing licensee)
State ED Zip Code 01002
G. EIN of License
A Individual Name Terrance Arthur Smith B. Home Phone Number (239) 848 -5633
C. Address 12626 Grandezza Circle
D. City/Town Estero State FL Zip Code 33928
E. Social Security Numbe F. Date of Birtt -�
G. Place of Employment IBertuccl's Holdings, LLC
I. BACKGROUND INFORMATION:'
Have you ever been convicted of a state, federal or military crime? Yes ❑ No px
It 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 chs 'es occurred as u as thevisposition of the cnnvrrtr_
a detailed description of your direct or indirect, beneficial or financial interest in this license.
I am a Director and Manager of upper -tier ownership entities.
IMPORTANT ATTACHMENTS (8): For all cash contributions, attach last (3) months of bank statements for
*If additional space Is needed, please use the last page
I hereby swear under the pains and penalties of perjury that the Information /have provided in this application is true and
accurate:
Signature _ Date
S r
Title Manager /Director (If Corporation /LLC Representative) 5-G Z 7/
o� °FR,c Town of Reading
16 Lowell Street
° Reading, MA 01867 -2685
39' INCORQ�
FAX: (781) 942 -9071
Email: townmanager @ci.reading.ma.us TOWN MANAGER
Website: www. readingma.gov (781) 942 -9043
MEMORANDUM
To: Board of Selectmen
From: Bob LeLacheur
Re: Danis Properties
Tonight at your July 30th Selectman's meeting the Board will see a brief presentation from,
George Danis, owner of 128 Marketplace on 1 General Way, off of Walker's Brook Drive.
Enclosed in your packet following this memo is the following material:
➢ Site map of proposed changes
➢ Minor Site Plan Review (4 pages)
➢ BOS minutes 9/1/09 (4 pages)
➢ BOS minutes 4/13/10 (4 pages)
➢ Letter from Peter Donovan
Mr. Danis has developed plans to demolish a portion of the mill building area and create an
employee parking area in the rear and construct an addition on the front of the building (next to
K &G). He has completed the Minor Site Plan Review process with CPDC and is currently working
with staff to meet all of the requirements. His goal is to complete construction before the end of
2013.
The redevelopment plans represent a major investment in the property and have been designed
to enhance the operation and retail use of 1 General Way. Mr. Danis has a liquor store on the
property, currently owned by Mr. Donovan. That liquor license was granted by the BOS with
several restrictions that were offered by Mr. Donovan because he represented his business as
largely internet -based sales (see both BOS sets of minutes). As you can see from the letter, Mr.
Donovan must sell his liquor store business, and the restrictions are an impediment to any sale.
I have had several discussions and one meeting with a proposed buyer who I believe would put
the store in strong and experienced hands if the Board is willing to re -open a discussion on those
conditions. At your meeting on August 20th you already have a couple of liquor - related items, so
I would propose if the Board is willing to reconsider those conditions that we hold further
discussions that night.
Shc
APPROVED BY THE TOWN Of READING
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Town of Reading Community Development
16 Lowell Street Phone: (781)942-9010
Fax: (781)942 -9070
Reading, MA 01867 - 268 Website :.www.c reading.ma.us
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July 8, 2013
rn
Minor Site Plan Review 3> <
CPDC Decision '
Project: 1 General Way, Danis Property
To the Town Clerk:
This is to certify that, at a meeting of the Community Planning and Development Commission
meeting dated July 8, 2013 by a motion duly made and seconded, it was voted.,
"We, the Reading Community Planning and Development Commission, upon request from
Alan Roscoe, P.E of Hancock Associates, for property located at 1 General Way, for Minor Site Plan
Review for interior and exterior renovations to the existing building on site, as shown on the site plan
prepared by Hancock Associates, dated-June 19, 2013 and lastly revised on July 1, 2013; do hereby
vote 5 -0 -0, to approve the proposed improvements under Minor Site Plan Review in accordance with
Section 43.3,11 of the Reading Zoning By -Laws with conditions."
Materials Submitted:
The following materials were prepared and submitted as part of the application for Minor Site Plan
Review,
July 1, 2013
Cover letter from Alan Roscoe, P.E, Hancock Associates, dated July 1,
2013 requesting approval under Minor Site Plan Review.
July 1, 2013
Civil Drawings prepared by Hancock Associates, including Sheets 1
through 7, dated June 19, 2013 and lastly revised July 1, 2013.
July 1, 2013
Area Use Schematic, prepared by Egnatz Associates, Inc. dated June
18, 2013 and lastly revised June 19, 2013.
July 1, 2013
Development Review Team (DRT) Notes dated July 1, 2013,
July 1, 2013
Color Renderings, prepared by Egnatz Associates Inc., submitted as
part of DRT process.
July 3, 2013
Memorandum to CPDC from Town Planner re: Minor Site Plan
Review dated July 3, 2013.
July 3, 2013
Memorandum to Town Planner from Town Engineer re: Minor Site
Plan Review dated July 3, 2013.
S�3
Findings:
1) The project involves two areas of demolition to the existing building; 1) Approximately 3,183
square feet of the new portion of the building and 2) Approximately 9,696 square feet of a the
old "mill" portion of the building. This is to re- design the parking area for new retail
opportunities.
2) The interior of the building will be re- configured to accommodate 4 -5 additional retail spaces.
The total retail space on -site will consist of 187,862, total health club space on -site consists of
17, 211 and total warehouse space will consist of 40,592. All uses are within the parameters
of the original site plan decision.
3) The Applicant is proposing to increase the number of parking spaces for a total of 867 parking
spaces. The total number of parking spaces required under zoning is 764.
4) The original Site Plan Review Decision required a 6 -month and one -year post development
traffic study. This traffic study was to verify the assumptions made during the original site
plan review process to evaluate vehicle movements and assess traffic signal timing at the
Walkers Brook Drive entrance. Based on the results of this study, the Site Plan Review
Decision also required the Applicant to contribute (if necessary) a financial sum for the
improvements of the Bolton /Ash/Main Street intersection. Neither traffic study was
performed.
5) Existing lighting will be relocated to accommodate the newly configured parking areas. Wall
pack lighting is proposed on the old "mill' portion of the building where the proposed parking
is to be located.
6) The Applicant anticipates filing a Request for Determination of Applicability (RDA) with the
Reading Conservation Commission.
7) As a result of re- configuring the site layout, the Applicant proposes minor drainage and
grading improvements.
8) The Applicant does not propose any other site improvements.
9) The project falls under Minor Site Plan Review in accordance with Section 4.3.3.11 of the
Reading Zoning Bylaws.
Conditions:
1) The Applicant shall seek final approval for the proposed dumpsters (location and enclosure).
2) The previously conditioned traffic study shall be performed by the Applicant three months
after the occupation of 200,000 square feet of non - warehouse space. Prior to issuance of
occupancy permits of each individual tenant, the Applicant shall provide an affidavit
statement identifying the current occupied space of the site to both the Building Inspector and
Town Planner.
3) Condition 33 of the original Site Plan Review Decision remains in full effect and will be
determined upon the Town review of the post development traffic study.
4) No signage is approved with this decision. All proposed on -site directional /informational
signage shall be reviewed and approved by the Town Planner to ensure compliance with the
Town of Reading Zoning Bylaws.
5) Per Zoning By -Laws Section 4.3.3.6.j, construction shall be limited to the hours stated in
Section 5.5.8 "Construction Hours and Noise Limits" of the Reading General By -Laws and
said hours shall be posted in a conspicuous place at the entrance prior to any work on the site.
6) Existing and future window signs must conform to the window sign regulations outlined in
Section 6.2.6.2.c.
7) The new building facade for the new storefronts shall be substantially similar to the previously
approved design. The building fagade of the rear "mill' portion shall be as substantially as
depicted on the color rendering prepared by Egnatz Associates Inc.
SdH
8) Raised curbs are provided at the proposed storefronts. Where a 6 -inch reveal is not available,
concrete wheel stops shall be provided. Should bollards be necessary, the Applicant shall
submit to the Town Planner for review and approval, a plan depicting the design and location
of proposed bollards.
Prior to the Issuance of Building Permits and Prior to the Start of Construction:
9) Full construction documents must be submitted to the Fire Department for review and
approval prior to the issuance of a building permit.
10) The Applicant is responsible for seeking approval from the Board of Health.
11) The Applicant shall provide a detailed landscape plan depicting the proposed landscape for
the newly created traffic islands. This shall be reviewed and approved by the Town Planner
and Town Engineer.
12) The Engineering Division shall be notified 72 hours in advance of any excavation to mark
out Town -owned utilities,
13) All utility work shall be inspected prior to backfilling by the Engineering Division, The
Division shall be notified 36 hours in advance of any required inspections.
14) All sewer, water, curb cut, street openings for all utility site work shall be certified by a
Registered Professional Engineer or Surveyor. The plan shall be in accordance with Town
standards and shall depict all final improvements, utilities and shall be submitted in paper and
ACAD electronic format.
15) Pre - construction Meeting: The Owner /Applicant and contractors shall coordinate with the
Town Planner a pre - construction meeting with Town staff prior to applying for building
permits to review these conditions and any and all final construction sequencing, details and
plans for this project.
16) Prior to the start of construction, the Applicant and /or contractor shall contact the
Conservation Administrator 48 hours in advance for a site walk to ensure erosion control
measures are properly installed,
Prior to the Issuance of Occupancy Permit:
17) The Applicant shall submit final as-built plans in ACAD format or furnish a bond in the
amount of $2,000 prior to the issuance of the first occupancy.
Modifications /Revisions - Plan Changes after Approval by the Approving Authoritv:
Contemplated future changes to the plan approved hereby shall be presented to the Community
Planning & Development Commission, the Zoning Enforcement Officer /Building Inspector, or
other relevant Town Boards or staff prior to implementing proposed changes.
1. Minor Modification: Changes that do not substantially alter the concept of the approved Plan
in terms of the qualities of the specific location, the proposed land use, the design of building
form and approved building details and materials, site grading or egress points. Including but not
limited to small changes in site layout, topography, architectural plans, landscaping plan, traffic
circulation, parking, lighting plan, signage, open space or other criteria set forth in Section
4.33.6. Requests for minor modification approval for future changes shall be reviewed by the
Town Planner who by administrative approval may grant approval for the Minor Modification. At
the determination of the Town Planner, the applicant may be required to present the proposed
project at a public meeting of the CPDC.
2. Major Modification: Substantial additions, deletions or deviations from the approved plan.
Include by not limited to large changes in site layout, topography, architectural plans, landscaping
sus
plans traffic circulation, parking, lighting plan, signage, open space or other criteria set forth in
Section 4.3.3.6. (Note: Approval of the major modification shall be grounds for reconsideration of
the Site Plan application. Denial of proposed major modifications shall not invalidate the Site
Plan in conformance mith the previously approved Plan).
Signed as to the accuracy of the vote as reflected in the minutes:
Jean Delios, Community Scrvi - Director /Town Planner Date
Cc: Applicant, Town Clerk, Building, Inspector, Conservation Administrator, Health Director,
planning file
V / /11 /aV17 THU 0:zi le AA
Peter I Donovan
35 Longmeadow Road
Arflngton, MA 02474
Cell: 781- 572 -6153
July 11, 2013
Robert LeLacheur, Jr.
Town Manager
Town Hall
16 Lowell Street
Reading, MA 01867
RC: Wine Bunker (CW 1, LTD)
One General Way
Dear Sir:
Congrats on your new position. I am part owner of the Wine Bunker and it is for sale due to
financial hardship. The license has certain conditions on it and most buyers would like them
removed. I truly understand the town's position on when this license was first issued that
conditions were warranted, but we have been a good business to Reading and removing these
conditions will help with sale. In addition, a new full liquor license was awarded recently
without conditions. So it is only fair that these conditions be removed.
U001/001
We have two potential buyers both having deep pockets that will make this business a long term
success. Both plan on investing a lot of money into new store and both have indicated that they
will continue to run charity wine tasting events for the town of Reading.
Thank you for your time and please call if you have any questions. Also could you share this
letter with the town's selectman.
A onovan
sil
Board of Selectmen Meeting — September 1 2009 — Page 4
She stated that the sick time doesn't accrue fast enough for employees to join the Sick Bank right
away, and this is an important safety measure for employees.
Selectman Camille Anthony noted that she didn't realize the reduction on sick leave was a
problem, and she didn't understand why the language is being added in Article 2. She requests
that Labor Counsel come in to explain Article 2.
Selectman Stephen Goldy asked why the sick time is being reduced, and the Assistant Town
Manager noted that this was discussed with the employees as part of the Pay and Class Study last
year. The unions are also reducing sick time.
Chairman Ben Tafoya indicated that he would like Labor Counsel to come in for a brief
discussion regarding Article 2.
A motion by Goldy seconded by Schubert to continue the hearing on the Personnel Policies
to October 6, 2009 at 8:00 p.m, was approved by a vote of 5 -0 -0.
Hearing — Package Store License for Wine Nation — Chairman Ben Tafoya noted that the Town
made an error in scheduling. Town Counsel advises that the applications should be heard as the
date and time received. Reading Discount Liquors was received July 29, 2009 at 4:12 p.m. and
the application for Wine Nation was received August 17, 2009 at 8:50 a.m. so the hearing for
Reading Discount Liquors will take place first. Mark Dickinson, owner of the property at 40
Walkers Brook Drive, indicated that the Town should do what is legal.
Vice Chairman James Bonazoli read the hearing notice for Wine Nation.
A motion by Goldy seconded by Bonazoli to change the time of this hearing for Wine
Nation to 9:30 p.m. was approved by a vote of 5 -0 -0.
Town Counsel Ellen Doucette noted that the Board must open the hearing for both applications.
She recommends holding the first hearing, continue that hearing to 10:00 p.m., then hear the
second application, and then close and make a decision.
The Board reopened the hearing for Wine Nation at 9:30 p.m.
Attorney Chris Latham and Wine Nation Manager Taylor Trone were present. Attorney Latham
stated that he visited the store in North Virginia that is owned by the Trone Family. He noted
that it has an extensive selection, and they want to open a store in Reading because of the
location on Walkers Brook Drive. This is a family business that will provide savings and will
provide items that are not available in Reading currently. He also noted that they have highly
trained and knowledgeable full -time staff, and there will be no sale of tobacco or the lottery.
Attorney Latham stated that they have a full set of policies, and they pay an incentive for
identifying underage patrons. They will create 40-60 jobs with benefits. There is sufficient
parking and the traffic is consistent with the former Linens `N Things. Mr. Trone will be the
Manager to get the store up and running, and then will turn it over to another Manager. He noted
SJO
Board of Selectmen Meeting — September 1 2009 — Page 5
that the petition that the Board received in opposition references citizens in Braintree, and asked
the Board to consider the source of the petition. He also noted that this is not your typical
package store. They specialize in wine from all over the world, and this location will also have a
regional draw.
Selectman Richard Schubert asked about the size of the establishment. Mr. Trone indicated that
it is 20,000 square feet, and 2100 will be retail consisting of gourmet food, wine baskets, etc.
Mary Ellen O'Neill of 125 Summer Avenue had concerns about the way that we view our Town.
She noted that there is a substance abuse problem in Reading, and this is a highly visible area
with quick access to the highway. She indicated that this proposal does not fit our Town, and
also noted that we just redid our Downtown.
Resident Allan Shiller reviewed the history of the John Street area. He noted that Mark
Dickinson stepped up to the plate and made the gateway to Reading. All of the other
improvements across the street were made after, and he supports the application for Wine
Nation.
Marcia Lavita of 9 Riverside Drive noted that she likes the idea of having a store with fine wines
and is in favor of the Wine Nation.
Brian Van Magness of 10 Grove Street noted that he is in favor of Wine Nation, and feels that it
could be a destination point.
Garr Morse, minor partner with Mark Dickinson, indicated that Wine Nation has 7000 -8000
wine labels, and he would very much like for them to go into that location.
Mark Dickinson noted that Wine Nation is a premier store, and he hopes that the Board approves
their license. He also noted that Dan Busa of Busa's Liquors on 345 Main Street owns multiple
stores, and he joined the lobbying against Wine Nation in Braintree.
Dan Busa noted that he owns three package stores, and he did speak with Mr. Dickinson and Mr.
Danis about their properties but he couldn't afford either. He is aware of the Trone operations,
and he asked if Reading really needs or wants that.
John Halsey of 75 Beaver Road indicated that he is a 20 year resident, and he selected Reading
as a destination place to live because of the schools, youth programs, low crimes, etc. He noted
that it was a pleasure to watch the dump go away, and to have good commerce brought in. He
also noted that Reading is famous for our schools, sports and more Eagle Scouts than any other
community, and it would be disappointing to make fine wine a destination point in Reading. He
feels that the space will fill itself eventually.
Dave Talbot of 75 Linden Street is opposed to a mega store in Reading. He finds that it is
disturbing as a parent, and he would rather have a Trader Joe's store.
sd61
Board of Selectmen Meeting — September 1 2009 — Page 6
Vinna Patel, owner of The Wine Shop, questioned whether we need five package stores in
Reading. Attorney Chris Latham noted that the Town previously had five package stores and
there is a need.
Vice Chairman James Bonazoli thanked both applicants. He noted that the Town wants
Reading's destination spot to be the new Downtown area. He feels that the Board shouldn't be
eager to issue a license just because there are applicants. He also noted that the value of this
license could make Downtown the destination point.
j Selectman Richard Schubert noted that the total square footage of the existing four licenses is
less than both of these locations. He feels that the size is bigger than what the Town needs, and
j is a conflict to the Reading Coalition Against Substance Abuse. He also feels that these proposals
t are large and outweigh the needs of the community.
Chairman Ben Tafoya indicated that he doesn't feel there is a need for another license in the
community right now so he will vote against the licenses.
Selectman Camille Anthony noted that neither proposals meet the needs, and she has concerns
about the Downtown.
Selectman Stephen Goldy indicated that he doesn't see a need for a fifth package store at this
time.
A motion by Bonazoli seconded by Goldy to close the hearing on the All Alcoholic Package
Store License for Wine Nation was approved by a vote of 5 -0 -0.
A motion by Bonazoli seconded by Anthony to deny the All Alcoholic Package Store
Liquor License for Wine Nation MA, Inc. d/b /a Wine Nation at 40 Walkers Brook Drive,
Reading, Massachusetts for reasons due to excessive size, location and perceived lack of
public need was approved by a vote of 5 -0 -0.
Hearing — Package Store License for Reading Discount Liquors — Vice Chairman James
Bonazoli read the hearing notice for Reading Discount Liquors. Attorney Paul Crochiere was
present representing Reading Discount Liquors.
Attorney Crochiere noted that George Danis owns and developed the site. Mr. Danis owns the
Ship Restaurant and the Mediterranean. The location has access to Route 128 and Route 28.
I There are 800 parking spaces available, and they expect walk in customers from Stop & Shop
and Market Basket, and he does not expect a significant increase in traffic. He also noted that
the liquor store would be located between Market Basket and Children's Play Things. The size
is just under 6000 square feet, there will be no appreciable noise issue, and the hours will be
similar to the grocery stores.
Selectman Richard Schubert asked if Mr. Danis will be the Manager, and also asked about the
size of the store. It was noted that Mr. Danis will be the Manager at first, and then will come
back with a new Manager. It was also noted that the size is 5860 square feet.
,��I°
Board of Selectmen Meeting — September 1 2009 — Page 7
Selectman Camille Anthony asked about TIPS training, and Attorney Crochiere noted that Mr.
Danis has never had a problem with TIPS training at other businesses.
Vice Chairman James Bonazoli noted that the plan shows three cashier lines, and the Town
expects everyone to be trained in TIPS. Attorney Crochiere indicated that they will all be
trained.
Selectman Richard Schubert asked if they had a policy regarding identification, and it was noted
that they do not.
Brian Van Magness of 110 Grove Street noted that coming out of that property is very difficult,
and he asked if there are any plans to rectify the issue that a left hand turn cannot be taken onto
Walkers Brook Drive. Attorney Crochiere noted that he is not aware of any plans right now.
Mary Ellen O'Neill of125 Summer Avenue had concerns about the way we view our Town. She
noted that there is a substance abuse problem in Reading, and this is a highly visible area with
quick access to the highway. She indicated that this proposal does not fit our Town, and also
noted that we just redid our Downtown. She is also shocked that they would put a liquor store
next to a children's store.
A motion by Bonazoli seconded by Anthony to continue the hearing on the Package Store
Liquor License for Reading Discount Liquors, Inc. d/b /a Reading Discount Liquors until
10:00 p.m. was approved by a vote of 5 -0 -0.
A motion by Bonazoli seconded by Goldy to close the hearing on the All Alcoholic Package
Store Liquor License for Reading Discount Liquors, Inc. d/b /a Reading Discount Liquors
was approved by a vote of 5 -0 -0.
A motion by Bonazoli seconded by Anthony to deny the All Alcoholic Package
Store Liquor License for Reading Discount Liquors, Inc. d/b /a Reading Discount Liquors
at One General Way, Reading, Massachusetts for reasons due to excessive size, location
and lack of perceived public need, was approved by a vote of 5 -0 -0.
Hearing — Parking Regulations on Ash Street between Main and Washington Streets — Vice
Chairman James Bonazoli read the hearing notice.
Police Chief Jim Cormier reviewed the amendments to the Traffic Rules and Regulations on Ash
Street.
Wayne Dwyer of 61 Ash Street asked if there will be a stop sign at Gould Street, and also noted
that speed limits should be set. Chief Cormier noted that the speed limit is 30 mph and we are
not proposing a stop sign on Ash Street at this time.
Catherine Shale -Dwyer of 61 Ash Street noted that she had concerns regarding school children
on the street every day and it is a narrow street. Chief Cormier noted that there are sidewalks on
the westerly side of the street, and Engineering is satisfied with the width of the road.
SJ II
Board of Selectmen Meeting — April 13 2010 — Page 4
The Assistant Town Manager noted that the budgets that went out use no reserves. He also noted
that the Finance Committee wants reserves for water and sewer at $500,000 each and at
$100,000 for storm water, and that the need for storm water work will be high in the future. He
noted that there is water conservation throughout the State and when we use less water, we pay
more for debt service.
Selectman Richard Schubert asked if there are any capital expenses that would require us to keep
more than $500,000 in reserves. He also asked if we should use water reserves for the
redundancy for water.
Selectman Camille Anthony asked what levels are best for the consumer, and the Town Manager
indicated the five year option.
Selectman Stephen Goldy noted that he received an email from a resident in Precinct 2 who is
annoyed with the water restrictions, and asked if they will be enforced. The Town Manager
noted that the restrictions have to be enforced because it was part of our approval when we got
into the MWRA.
The consensus of the Selectmen was that the whole picture including capital items needs to be
looked at before making a decision so this will be rescheduled for April 27, 2010.
Hearing — Package Store License — The Wine Bunker — The Secretary read the hearing notice.
Town Counsel Ellen Doucette and the applicant Peter Donovan were present.
The Town Manager noted that there was a Fax from Peter Donovan and three emails in the
packet from residents who are opposed to granting this license. Vice Chairman James Bonazoli
noted that one email refers to the wrong site — Linens `N Things.
Mr. Donovan gave a presentation to the Board. He noted that he has shipped over 100,000 cases
per year in Massachusetts through the internet. He sells 99.9% wine and owns CW II Ltd, a
wine wholesaler in Woburn. He also noted that the customer can order online and have the wine
delivered to the store.
(' Mr. Donovan noted that the floor area is 7,000 square feet — 9,000 square feet with the
j mezzanine. He will not sell wine coolers, nips, tobacco, lottery or beer. There will be no more
than two stand alone coolers for champagne /wine only. There will be no walk in coolers. The
hours are Monday — Saturday from 10:00 a.m. to 8:00 p.m. and they will be closed on Sunday.
They will charge more than other wine stores for a single bottle of wine — but their case price is
much less expensive. He noted that this is not a chain store and not a large discount store. This
is different than what was offered before. He reviewed the results of a survey he did on the need
for selling wine by the case.
Selectman Camille Anthony asked how his business functions. Mr. Donovan noted that he will
have two to three registers, and deliveries are on Tuesday and Thursday. His business is 95%
internet based and 100% retail. Selectman Anthony also asked if there will be inventory on site,
S�IL
Board of Selectmen Meeting — April 13 2010 — Page 5
and Mr. Donovan indicated that there will be and if they don't have what the customer wants,
they can order it.
Selectman Richard Schubert asked how many other stores Mr. Donovan had and their size. Mr.
Donovan indicated that he has one other store and it is 2,500 square feet. He noted that 10% of
his business is walk in business. There will be no flashing signs out front.
Selectman Stephen Goldy asked Mr. Donovan about his thoughts on grocery store customers
looking for beer. Mr. Donovan indicated that his focus is on wine. He won't have walk in
coolers, and he feels that beer is a waste of money from a retail viewpoint.
Vice Chairman James Bonazoli asked how many employees he will have, and Mr. Donovan
noted probably six but no more than 10 with maximum of four on a shift. He will not need more
than 20 parking spaces at one time.
Vice Chairman James Bonazoli noted that the survey was done in Reading but some of the
people who answered did not live in Reading. Mr. Donovan indicated that is because he sent the
surveys to businesses. Vice Chairman Bonazoli asked if he will be selling food, and Mr.
Donovan indicated that he will not. He also indicated that at his other store, he does carry some
small bottles of liquor for people at the hotels. Vice Chairman Bonazoli commented that the
customer does dictate what he sells.
Bill Childress of 105 Main Street inquired about the number of licenses that Mr. Donovan had,
and also noted that there were a number of complaints by customers regarding his Woburn
location. Mr. Donovan noted that in 2008 -2009, he was shipping a lot and there were many
delays because the wine cannot be shipped if the temperature is over 70 degrees or under 30
degrees. Mr. Childress indicated that he is not in favor of the Selectmen approving this license.
Mary Ellen O'Neill noted that this application is different from the others regarding the hours
and what is being offered. She asked if there was any way to put a condition on the license
prohibiting beer, and Town Counsel indicated that it is an All Alcohol license. Ms. O'Neill noted
that the survey was not well done or scientific, and she feels that there is no need for this store.
George Danis, Manager of 128 Market Place, and his co- worker thanked the Board of Selectmen
for considering this application.
Town Counsel asked to see the lease, and Mr. Donovan gave her a copy of the lease outline.
There is no lease at this point
Chairman Ben Tafoya asked about the mezzanine area, and Mr. Donovan indicated that it is
1200 square feet above the 7700 square foot first floor area.
Selectman Richard Schubert noted that this business requires a customer base much bigger than
Reading — it is more regional. He feels that it doesn't satisfy the public need in Reading.
'MI
Board of Selectmen Meeting =April 13 2010 — Page 6
Selectman Camille Anthony asked if the public need has to be just in Reading, and Town
Counsel noted that it does, but if there is nothing similar to it in this area such as internet sales,
then it may meet the public need.
Town Counsel noted that the memo from Community Services Director /Town Planner Jean
Delios indicates that the property owner is supposed to submit an inventory of parking spaces
and building area in use by type of use. It is to be submitted the Town every year but the owner
has not done that. She also noted that the trucking access from Route 128 conditions on the site
plan should be on the license.
The Town Manager noted that there is a limit on retail space at that site because of limited
parking.
Vice Chairman James Bonazoli noted that if the non - Reading residents were removed from the
survey, there would be no need.
Selectman Camille Anthony told Mr. Donovan that she doesn't appreciate his comments in the
letter to the Board that he will take the Town to court and it will cost thousands of dollars.
Selectman Richard Schubert noted that the Selectmen have a sense of need and nobody says we
need another wine store. He also noted that the Selectmen support the Reading Coalition Against
Substance Abuse and it is the Board's job to understand the community. Reading was a dry
town until about 30 years ago. Nobody is banging on the door asking for more liquor stores, and
buying by the case doesn't make it any different.
Chairman Ben Tafoya noted that Reading has four existing licenses all of who are happy to sell
by the case if preferred. He hasn't heard of any great need for another package store.
Selectman Camille Anthony noted that this is not a gigantic store like Wine Nation, and she is
inclined to support the application.
Vice Chairman James Bonazoli noted that this hearing was publicized in the paper, and the room
is not filled with people against the license.
Mr. Donovan offered to lower the square footage, and indicated that he was willing to do another
survey if need be.
A motion by Schubert seconded by Bonazoli to close the hearing for a Package Store
Liquor License applied for by Peter J. Donovan d/b /a the Wine Bunker at 128 Marketplace
Shopping Center, One General Way, was approved by a vote of 5 -0 -0.
With the Board finding that the applicant's proposal was not a traditional package store, and the
basis for the Board's finding of public need was the unique business concept proposed by the
applicant with respect to focusing on sales of cases or half cases of wine, the sale of wine
comprising more than 99% of its business with little or no emphasis on the sale of beer or spirits
the following motion was made.
sj'q
Board of Selectmen Meeting – April 13 2010 – Page 7
A motion by Anthonv seconded by Bonazoli to approve the application for a Package Store
Liquor License applied for by Peter I Donovan d/b /a The Wine Bunker at 128
Marketplace Shopping Center, One General Way, for a term expiring December 31, 2010
subiect to the following conditions:
• All Bylaws, Rules and Regulations of the Town of Reading and of the
Commonwealth of Massachusetts shall be followed, and subiect to a satisfactory
inspection of the establishment by the Town Manager;
• Retail space be limited to a total of 5,000 square feet;
• No wine coolers, nips, % pints, tobacco or lottery;
• No walk in cooler;
• A maximum of 10 linear feet for wine refrigerator units;
• Windows need to be installed in front to give full visibility of the retail area;
• Deliveries from Route 128 will be to Walkers Brook Drive to General Way, and
deliveries from Route 28 will be to Goodall Sanford Road.
The motion was approved by a vote of 3 -2 -0, with Tafova and Schubert opposed
/— Hearing – Outdoor Dining Policy – This hearing was rescheduled for May 11, 2010 at 8:30 p.m.
Change of Officer – Longhorn Steak House – A motion by Bonazoli seconded by Anthony to
approve the Change of Officer for RARE Hospitality International, Inc d/b /a Longhorn
Steak House located at 39 Walkers Brook Drive was approved by a vote of 5 -0 -0
Review Annual Town Meeting Warrant – A motion by Bonazoli seconded by Goldy to
support the subiect matter of Article 11 of the Annual Town Meeting Warrant failed by a
vote of 1 -4 -0. with Tafova, Anthony, Schubert and Goldy voting in the negative
A motion by Goldy seconded by Anthony to support the subiect matter of Article 13 of the
Annual Town Meeting Warrant was approved by a vote of 3 -2 -0, with Goldy and Bonazoli
voting in the negative.
Progress Report on Goals – This item was rescheduled for May 11, 2010.
Review Customer Service Survey Results – This item was rescheduled for April 27, 2010.
Approval of Minutes
A motion by Anthonv seconded by Bonazoli to approve the Minutes of March 16, 2010 was
approved by a vote of 5 -0 -0.
A motion by Anthonv seconded by Goldy to approve the Minutes of March 30, 2010 was
approved by a vote of 5 -0 -0.
A motion by Anthonv seconded by Bonazoli to approve the Executive Session Minutes of
March 16, 2010, as written, was approved on a roll call vote with all five members voting in
the affirmative.
Policy establishing an ad hoc Zoning Bylaw Advisory Committee
There is hereby established an ad hoc Committee to review the Reading Zoning Bylaw
( "Zoning Advisory Committee) to prepare a comprehensive update with the help of a
consultant. The Committee will present the zoning update to the Board of Selectmen by
July 15, 2014 prior to an article that will be presented at the Fall 2014 Subsequent Town
Meeting.
The current zoning bylaw is outdated, confusing for the public to use, and difficult to
administer. The comprehensive update will be a full scale review of the zoning bylaw
which will result in a new zoning bylaw.
The Zoning Advisory Committee (ZAC) shall be comprised of seven (7) members and
will be a multiple member body as defined by the Town of Reading Home Rule Charter.
In selecting the ZAC the Board of Selectmen shall attempt to fill the positions as follows:
• One member from the Board of Selectmen, appointed by the Board of Selectmen;
• One member, appointed by the Community Development and Planning
Commission;
• One member appointed by the Zoning Board of Appeals;
• One member appointed by the Economic Development Committee;
• Three other members, and the Board of Selectmen will consider the following
qualifications:
• One member from the Bylaw Committee;
• One member from another Board /Committee /Commission;
• One resident for the community who does not fall into any of the above
categories, and who preferably would have experience firsthand with
zoning or implications of zoning (e.g., owns or operates a business in
Reading).
The mission of the ZAC is to clarify and simplify the Reading Zoning Bylaw. A
consultant will be hired to provide technical assistance and expertise in zoning. The
recommendations will be developed in concert with an extensive public process.
In conducting its work, the ZAC will be bound by all of the rules and regulations of the
Town of Reading and the Commonwealth of Massachusetts, including but not limited to
the Open Public Meetings law. Staff will be assigned by the Town Manager to work with
the ZAC. The ZAC will be considered to be part of the Department of Community
Services for administrative purposes.
s�
Town of Reading
16 Lowell Street
Reading, MA 01867 -2683
MEMORANDUM
To: Robert W. LeLacheur, Jr., Town Manager
From: Jean Delios, Community Services Director/Town Planner
Date: July 23, 2013
Re: Affordable Housing — Next Steps
JEAN DELIOS
Community Services Director/
Town Planner
Phone: (781) 942 -6612
Fax: (781) 942 -9071
jdelios @ci.reading.ma.us
The Town of Reading has been applauded for proactive planning related to affordable housing. A
40B proposal for 885 Main Street would have crammed 20 units in a residential neighborhood
comprised of single family homes. Mass Housing denied this 40B because of Reading's good
faith efforts to increase its affordable housing stock, including, adopting two Smart Growth Zoning
Districts which allowed housing by right, particularly in the downtown.
The Town also has a recently updated and approved Housing Production Plan (HPP) that
outlines next steps to be taken in creating affordable housing. The HPP identified the Affordable
Housing Trust Fund (AHTF) as a resource for both preserving existing affordable housing units as
well as for creating new housing units. On April 9, 2013 The Board of Selectmen discussed
Reading's Affordable Housing Trust Fund (AHTF) with our consultant Robert P. Mitchell FAICP.
We would like to pursue next steps for restructuring the AHTF and for using AHTF funds to hire a
regional housing services coordinator. A grant from the Metropolitan Area Planning Council
(MAPC) has allowed us to study how Reading could benefit from a regional housing services
coordinator. Reading has been asked to lead the regionalization effort with a handful of area
communities who have also indicated a strong interest in pursuing this.
Overview - Affordable Housing Trust Fund (AHTF)
Reading's AHTF was created by a Special Act prior to more recent changes by the State that
have simplified how trusts operate. For example, the requirement that the Board of Selectmen
submit an allocation plan to Town Meeting each year for their approval indicating how funds from
the Trust will be expended (and how they have been over the past year) could be streamlined.
Purpose — Reading AHTF
Housing trust funds are a resource for communities to use to produce affordable housing units as
well as to support the proactive preservation of affordable units. The approved Reading Housing
Production Plan (HPP) dated November 1, 2012, recommends restructuring the AHTF to allow
greater flexibility in addressing housing needs. The Mitchell report echoes that sentiment.
sf t
Recommendation No. 1: Adopt a new AHTF under MGL c. 44 4 55C
Mr. Mitchell recommends that a new AHTF adopted under MGL c. 44 § 55C would best serve the
Town of Reading. This change provides a broad array of powers that the town can chose from
while specifically identifying procedures that should be adhered to.
Recommendation No. 2: Hire a Regional Housing Services Coordinator
Hiring a shared housing coordinator would more efficiently staff the need to pursue affordable
housing goals outlined in Reading's Housing Production Plan (HPP) and to monitor existing
affordable housing units so they are preserved. This is especially important to ensure that we do
not lose affordable housing units when they come up for sale since there is a limited timeframe to
find another qualified buyer after which the unit is reverted to market rate. We have talked about
establishing a ready buyer list with the help of the shared staff person to prevent any loss of
affordable units.
By taking these steps Reading will be well positioned to continue to make progress on affordable
housing goals.
Attachments — Mitchell Report on AHTF 2/4/13
MAPC DLTA Report — Regional Housing Services Coordinator
SFZ
Robert P. Mitchell FAICP
151 Tremont Street Suite 23A
Boston MA 02111
MitchellFAICP@gmail.com
February 4, 2013
Mr. Peter I. Heckenbleikner, Town Manager
Ms Jean Delios, Community Services Director/Town Planner
Town of Reading
16 Lowell Street
Reading MA 01867
Dear Mr. Heckenbleikner & Ms Delios:
Enclosed is a Report to the Town of Reading on Affordable Housing Trust Funds. This Report
examines the current Reading Affordable Housing Trust and the special act that created the
Trust. The Report provides information on the state legislation passed subsequent to the
Reading special act as well as the potential roles of trusts and their funding sources.
The Report also presents a number of questions that should be considered as Reading decides
how best to organize its trust as well as some options for that organization. In addition it makes
a number of recommendations related to Reading's trust and its structure and activities.
Finally the Appendices include the state statute on affordable housing trusts and some
examples of town meeting warrant language as well as a Declaration of Trust from communities
that have adopted trusts under that state statute.
If you have any questions or would like further elaboration of any part of this report, I would be
pleased to provide additional information. I am available to meet with you at your convenience
for any further discussion of the Report.
Sincerely
Robert P. Mitchell FAICP
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Table of Contents
Introduction....................................................................... ............................... 4
Background....................................................................... ............................... 4
Reading Housing Trust Fund ............................................... ............................... 5
Questions for Consideration ................................................ ............................... 5
Affordable Housing Trust Fund Options ................................ ............................... 6
Recommendations .............................................................. ............................... 7
MGLc. 44 § 55C .................................................................. ............................... 8
Comparing Reading Trust to MGL c. 44 § 55C trust ................. ............................... 9
Trust Powers & Use of Funds ............................................... ............................... 9
FundingSources ................................................................ ............................... 10
TrustActivities ................................................................... ............................... 11
Appendix A — MGL c. 44 § 55C statute ................................... ............................... 12
Appendix B — Town of Sudbury Declaration of Trust ............... ............................... 17
Appendix C — Town of Marblehead Town Meeting Warrant language ........................ 23
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jr- Introduction
J
This is a Report on affordable housing trust funds (AHTF). It reviews the current situation of the
Reading AHTF and issues related to its structure and activities. The report presents a number of
questions that Reading should consider as it analyzes what actions to take relative to the Trust.
It also presents a series of options for consideration by the town in deciding how to move
forward with a Trust.
Subsequent to Reading adopting a special act to create the Trust in 2001, the state adopted
legislation (MGL c. 44 § 55C) that allows for the creation of trusts by all cities and towns. That
legislation gave broad powers and directions to local trusts adopted under this section of state
law. As a result many communities, including communities with previous special acts, have
adopted new trusts.
The Report compares the existing Reading trust to the provisions of the state legislation.
The Report also presents a series of options for Reading's consideration related to the future of
the Trust's organization and actions.
Information on possible revenue sources and potential uses of trust funds is offered.
Based on the information provided, a number of recommendations are made for Reading's
consideration.
The Appendices include the language from MGL c. 44 § 55C as well as examples of town
meeting warrant articles and declaration of trust documents from communities that adopted an
AHTF under that chapter of state law.
Background
Housing trust funds are established to receive funding without reliance on annual budget
allocations in order to support the proactive preservation and production of affordable housing.
Likewise trust funds can provide resources to monitor the future compliance of affordable
housing over a restricted period of affordability.
In 2001 the Reading Town Meeting passed a warrant article which authorized the Selectmen to
petition the Massachusetts General Court to establish an Affordable Housing Trust Fund for
creation and preservation of affordable housing. The State legislature approved the special
legislation. The Board of Selectmen act as the Trustees of the Trust.
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In 2005 the Governor signed into law M.G.L. Chapter 44 Section 55C enabling cities and towns
to create a Municipal Affordable Housing Trust Fund without a special act of the legislature.
Since then more than 90 communities have ratified by local vote the creation of an AHTF.
The enabling legislation under M.G.L. Chapter 44, Section 55C allows communities to establish
Trusts that provide a comprehensive capacity to preserve, create, and monitor affordable
housing. Cities and towns that formed Trusts of their own design prior to this legislation have
encountered complications and limits absent under the broader abilities in the state statute.
Such complications are in fact the reason the legislature passed its new law.
The following list outlines some issues that have been identified related to the Affordable
Housing Trust Fund (AHTF) operating in Reading:
➢ The current AHTF requires that the Trust (Board of Selectmen) submit an allocation plan
to town meeting each year. That allocation plan must indicate how funds from the Trust
will be expended over the next year and how the funds were actually expended over the
past year.
➢ Town meeting must vote to approve the allocation plan. The plan can only be amended
by town meeting. The requirement that town meeting must approve expenditures
restricts the ability of the Trust to act quickly in a situation where such action could result
in the preservation and /or creation of affordable housing.
➢ The AHTF requires a majority vote of the full combined membership of both the Board of
Selectmen and the Housing Authority for any expenditure. Under MGL Chapter 44 §55C,
only a majority vote of the AHTF Trustees is required for expenditures, a less
cumbersome process.
➢ The current Trust is not in conformity with state statute and does not provide both the
broad powers of the statute and the explicit actions that the Trust may take which are
also listed in the statute. This situation may present complications for the use of the
Reading AHTF in certain circumstances.
➢ The current Trust has no provisions for identifying who the trustees are, how they are
appointed, the terms of office or similar requirements.
In the process of analyzing the potential options for Reading to consider, there some questions
that the answers to would assist the town in deciding its course of action. Questions to ponder
include:
➢ Is any trust, or the currently structured Trust, an effective tool for addressing affordable
housing issues? Should there be a Reading trust?
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➢ If a trust should be a part of Reading's actions regarding affordable housing, is the
current special act structure outdated? Should Reading adopt a new trust under MGL
c.44 §55C to provide more flexibility as well as additional powers and an expanded legal
framework?
➢ What type of trust best suits Reading? a) a relatively passive one that awaits
opportunities for funding and projects to aid; b) a funding body that seeks both revenues
and identifies specific funding programs for which it solicits applications /proposals; c) an
active initiator of actions to identify and solicit funding sources as well as one that
initiates projects and proposals; d) a trust that concentrates only on assisting the
production and preservation of affordable units, rather than on non - capital oriented
programs.
➢ Prior to adopting specific guidelines and applications forms for use of trust money, the
town must decide from a policy perspective what the specific uses are for which
someone could request money. What are the priorities of the town in this matter?
➢ Without some regular or semi - regular revenue sources, it would be difficult to have any
long term programs. However, would Reading consider some short term programs, such
as a 2 -3 year availability of funds for home buying assistance, as an example?
➢ What staffing resources can be used to assist a trust in accomplishing its mission? How
should the "administrative money" be best used for Trust purposes?
➢ Does the potential creation of a regional housing resource collaborator, currently being
studied by Reading and surrounding communities, shape the discussion of what type of
trust Reading should have?
➢ With Reading about to adopt a Housing Production Plan, what specific tasks, if any,
should the trust have responsibility for in carrying out the strategies identified in that
Plan?
➢ Given all of the provisions of MGL c. 44 §55C and the fact that the existing Reading
special act trust does not include most of those provisions, would it be prudent to have a
legal review of the Reading structure?
There are numerous options for how Reading could proceed in deciding what, if any, changes
should be made to the current structure and activity of the AHTF. Possible options include:
➢ Status quo: Keep the existing special act structure and activities. Await opportunities to
either receive funding from unknown sources or to use the existing assets in support of
specific requests for project aid. Continue to file a generic allocation plan each year with
town meeting
➢ Status quo modified: Retain the existing special act structure but develop a detailed plan
of action to both actively seek funding sources and to identify what specific purposes for
which the trust finds could be used. Actively recruit organizations, developers etc.,
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depending on the actions identified, to apply in a defined application process for the
money that will be offered in a particular year.
➢ Rescind the Reading ust: Decide that this mechanism to support
_ affordable housing in
Reading is not the most effective tool to use. Request that town meeting rescind the
Trust. The funds currently assigned to the Trust would have to be allocated in a manner
that supports the original purposes of those funds.
➢ Adopt MGL C. 44 §55C: Request that Town Meeting adopt a new Trust structure and
organization based on the provisions of this section of state law. Use this process to
identify the specific purposes for this new Reading AHTF, the responsibilities-it would be
assigned and the organizational structure, including trustees and staff support, of the
new Trust. The town would file a Declaration of Trust with the Registry of Deeds as
required by the legislation. At a minimum this would preclude the need to submit an
allocation plan to town meeting every year.
Based on the information collected and analyzed, discussions with Reading staff, interviews
with officials from other towns that have AHTFs and literature review, the following
recommendations are made for the town's consideration:
➢ The town should adopt a new AHTF under MGL c. 44 § 55C. A new Trust under this
legislation addresses some of the on -going issues that Reading has identified with its
existing special act. It also provides a broad array of powers that the town can chose
from while specifically identifying procedures that should be adhered to by the trustees.
The required Declaration of Trust would ensure that Reading's structure had specific
information as to who the trustees are, what powers they have, their terms of office, how
they are appointed, how they operate etc. (most of this information is not currently
included in Reading's special act.)
➢ The town should identify specifically what the role of the Trust is to be going forward.
How active should it be? What specific tasks should it take on? A one to five year work
plan /plan of action should be developed.
➢ The town should consider the results of the on -going study for a regional housing
coordinator. If that position is created, then Reading should decide how best to use that
resource to assist the Trustees in identifying their work plan as well as implementing
recommendations from that work plan.
➢ The town should identify where it wants to focus trust resources — on project related
proposals or for other activities, such as home buyer assistance or housing
rehabilitation, for example. Given the lack of regular revenue sources, it may be practical
to retain the assets for the opportunity to preserve and /or create new affordable units as
being the most effective use of those assets.
➢ Given the limited resources in the Trust, the town should actively seek out partners with
which to combine forces in the preservation and /or production of units, or the
establishment of affordable housing restrictions on units where that opportunity arises.
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➢ The new Housing Production Plan should be used to inform the Trust in developing a
work plan and prioritizing actions to be taken by the Trust.
In 2005, the Legislature adopted and the Governor Patrick signed, the "Municipal Housing Trust
Fund" act which provided that cities and towns in the Commonwealth could adopt local
affordable housing trusts. Prior to that date, a number of communities, including Reading, had
requested and received approval of a special act from the State legislature to allow the creation
of local affordable housing trusts.
Some important provisions of the Act include:
➢ It allows communities to collect funds for housing purposes
➢ It allows those funds to be segregated from the general budget into an affordable
housing trust fund
➢ It allows communities to use those funds without going back to town meeting for
approval
➢ It enables communities to own and manage real estate, not just receive and disburse
funds
This Act simplified the process of establishing such trust funds and provides guidelines on what
local trusts can do. It contains some minimum requirements which must be satisfied. However,
it does allow towns to vary some of its provisions. Thos provisions include:
➢ Trustees: The Act requires a minimum of five (5) trustees. The town has the option to
increase the number of trustees. The town can also decide what the quorum should be
(majority of the membership; majority of those present at a meeting etc.)
➢ Composition: The Act states that the trustees shall be appointed and confirmed by the
Board of Selectmen and that one of the trustees must be a member of the Board of
selectmen. While some towns do not spell out who should be on the trustees, other
towns have designated seats for additional Board of Selectmen, planning board
members, housing authority members or other designated groups and /or at -large seats.
➢ Powers: The powers in the Act are quite broad. Those powers can be modified or
limited. Some communities adopt the powers of the Act without changes while others
have imposed limits on the amount of money borrowed, or the selling of real estate
without the approval of the Board of Selectmen and /or town meeting. Other towns have
required a super majority vote (2/3) of the trustees for certain actions (such as sale,
lease, or purchase of property).
If a town adopts the provisions of MGL c. 44§ 55C than it must also adopt a Declaration of Trust
that includes the purposes of the trust; appointment, powers, meetings and tenure of the
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trustees; the acts of the trustees; liability; amendments; accounts; duration of the trust; trust
certificates; and other necessary elements of the bylaws for the trust.
This Declaration of Trust must be recorded at the Registry of Deeds.
Issue Reading AHTF MGL c. 44 §55C
Term of office
No reference
2 years
Annual report to Town
Required
No requirement
Meeting
Annual allocation plan
Required
No requirement
approved by town meeting
Expenditures
Requires majority vote of full
Expenditures made by AHTF
combined membership of
board of trustees unless
Board of Selectmen &
modified by town
Housing Authority
Annual audit
No reference
Required
Membership
Not specified
Minimum of 5 members,
appointed & confirmed by Bd.
of S. One member must be
from Bd. of S.
Town Manager as ex- officio or
Not allowed
Allowed
can appoint designee
Powers
Limited to 4 powers specified
Broad powers (16 powers
in the special act
listed
One of the reasons for the Legislature to adopt, and the Governor to sign, this legislation was to
allow for flexibility as to how communities could use their revenues to further affordable housing
goals. In addition to the powers listed below, a community may grant the trustees additional
powers through the Declaration of Trust. The Act allows communities to take actions such as
the following:
➢ To accept and receive real property, personal property or money by gift, grant,
contribution, devise or transfer
➢ To purchase and retain real or personal property
➢ To sell, lease, exchange, transfer or convey any personal, mixed, or real property at
public auction or by private contract and to make such contracts
➢ To execute, acknowledge and deliver deeds, assignments, transfers, pledges, leases
etc. for the purposes of the trust
➢ To employ advisors and agents
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➢ To pay compensation and expenses to advisors and agents
➢ To apportion receipts and charges between incomes and principal, to amortize
premiums and to establish sinking funds for such purposes and to create reserves
➢ To participate in any reorganization, recapitalization, merger or similar transactions; to
consent to any contract, lease, mortgage purchase or sale of property
➢ To borrow money
➢ To defend, release, settle or otherwise adjust claims against the trust
➢ To manage and improve real property
➢ To extend the time for payment of any obligation of the trust
Revenues & Expenditure of Funds - It is important to note that moneys paid to the trust shall
be paid directly into the trust and need not be appropriated or accepted and approved into the
trust. Revenues paid into the trust become trust property and to be expended these funds need
not be further appropriated. All moneys remaining in the trust at the end of any fiscal year
remain trust property.
Most, but not all, communities that have adopted trust funds have some type of dedicated
revenue source(s) to carry out the purposes of the trust. However, a variety of both dedicated
and one -time revenue sources have been used throughout the state. Examples of these
sources include:
➢ Community Preservation Act — This is the most consistent source of dedicated funds
used for housing trust funds. The trustees in those communities that have adopted CPA
often make an annual request for some amount of those funds.
➢ Inclusionary Zoninq — Municipalities that adopt inclusionary zoning often allow for the
payment of cash in lieu of construction of affordable units. Those cash payments can be
designated by the bylaw for payment into the affordable housing trust. In addition a few
communities also allow for the donation of land to the trust in lieu of construction.
➢ Town allocation: In a number of cities and towns, there has been an allocation of funds
from the general budget to the AHTF
➢ Negotiated payments — Communities have negotiated with developers of both residential
and commercial developments for community benefit contributions. In some instances
those contributions have been cash payments to the trust. Depending on the
circumstances, it could also be the case that such donations consisted of land and /or
existing dwelling units.
➢ 40R payments- Towns can use designated payments received from the state for the
approval of 40R Smart Growth Districts in the community.
Sale of tax title property — Municipalities can designate that the proceeds from the sale
of tax title properties be placed in the trust fund.
➢ Special zoning incentive provisions — A number of communities have special provisions
in their zoning bylaws that allow for a bonus in development in exchange for
contributions to the trust fund. Examples include allowing an in -fill housing unit on an
undersized lot; allowing for more than one house per lot; allowing for accessory units; or
other similar provisions all in exchange for contributions to the trust fund.
➢ Cell tower payments — Communities have designated that some of the lease payments
for cell towers on town property be designated for the trust fund.
10
➢ Resale of affordable units as market rate units —If an affordable unit is unable to be sold
at the affordable rate, then the difference in proceeds between the affordable and market
price is designated for the trust fund.
➢ Lottery /resale administration — The trust can act as a lottery/resale agent for affordable
units and create revenue from developers willing to pay for this service.
➢ Private fund raising — Private fund raising campaigns have been proposed in some
communities.
There are undoubtedly other potential sources of revenue. If Reading decides that one course
of action is to adopt a plan of action that increases the resources of its Trust, it should identify
those potential revenue sources most likely to be viable in the town.
Trust Activities 1
Trusts are used for a wide variety of activities related to the preservation and/ creation of
affordable housing and affordable housing opportunities. Examples of these activities include:
➢ Purchase of land
➢ Acquisition of town or other publicly owned land
➢ Acquisition of land through tax title actions
➢ Purchase of existing dwelling units to restrict for affordable housing use
➢ Purchase affordable housing restrictions on private housing units, including new
developments
➢ Provide first time home buyer down payment /closing cost assistance (loans and /or
grants) for low and moderate income individuals
➢ Provide financial assistance to low and moderate income renters (loans /grants for
1St /last month's rent and security deposit)
➢ Provide financing assistance to housing developers to write down the cost of some units
or to provide additional affordable units.
➢ Provide rehab grants /loans to homeowners or property owners with a requirement that
an affordable housing restriction be placed on the unit
➢ Provide foreclosure prevention assistance through short term loans
➢ Advocate for affordable housing actions, based on town's Master Plan or Housing
Production Plan
➢ Administer affordable housing lotteries and affordable housing unit agreements for
housing developers
➢ Fund a local share for a regional housing services staff person who would carry out a .
number of affordable housing activities (Note: Reading currently has a grant to study the
creation of a regional housing coordinator with a number of surrounding communities.)
11
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APPENDIX A
Massachusetts General Law Chapter 44 Section 55C
Section 55C. (a) Notwithstanding section 53 or any other general or special law to the
contrary, a city or town that accepts this section may establish a trust to be known as
the Municipal Affordable Housing Trust Fund, in this section called the trust. The
purpose of the trust is to provide for the creation and preservation of affordable
housing in municipalities for the benefit of low and moderate income households.
Acceptance shall be by majority vote of the municipal legislative body under section 4
of chapter 4.
(b) There shall be a board of trustees, in this section called the board, which shall
include no less than 5 trustees, including the chief executive officer, as defined by
section 7 of chapter 4, of the city or town, but where the chief executive officer is a
multi- member body, that body shall designate a minimum of 1 of its members to serve
on the board. Trustees shall be appointed in a city by the mayor or by the city manager
in a Plan D or Plan E municipality, subject in either case, to confirmation by the city
council, and in a town by the board of selectmen, shall serve for a term not to exceed 2
years, and are designated as public agents for purposes of the constitution of the
commonwealth. Nothing in this subsection shall prevent a board of selectmen from
appointing the town manager or town administrator as a member or chair of the board,
with or without the power to vote.
(c) The powers of the board, all of which shall be carried on in furtherance of the
purposes set forth in this act, shall include the following powers, but a city or town
12
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may, by ordinance or by -law, omit or modify any of these powers and may grant to the
board additional powers consistent with this section:
(1) to accept and receive real property, personal property or money, by gift, grant,
contribution, devise or transfer from any person, firm, corporation or other public or
private entity, including but not limited to money, grants of funds or other property
tendered to the trust in connection with any ordinance or by -law or any general or
special law or any other source, including money from chapter 4413;
(2) to purchase and retain real or personal property, including without restriction
investments that yield a high rate of income or no income;
(3) to sell, lease, exchange, transfer or convey any personal, mixed, or real property at
public auction or by private contract for such consideration and on such terms as to
credit or otherwise, and to make such contracts and enter into such undertaking
relative to trust property as the board deems advisable notwithstanding the length of
any such lease or contract;
(4) to execute, acknowledge and deliver deeds, assignments, transfers, pledges,
leases, covenants, contracts, promissory notes, releases and other instruments sealed
or unsealed, necessary, proper or incident to any transaction in which the board
engages for the accomplishment of the purposes of the trust;
(5) to employ advisors and agents, such as accountants, appraisers and lawyers as the
board deems necessary;
13
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(6) to pay reasonable compensation and expenses to all advisors and agents and to
apportion such compensation between income and principal as the board deems
advisable;
(7) to apportion receipts and charges between incomes and principal as the board
deems advisable, to amortize premiums and establish sinking funds for such purpose,
and to create reserves for depreciation depletion or otherwise;
(8) to participate in any reorganization, recapitalization, merger or similar transactions;
and to give proxies or powers of attorney with or without power of substitution to vote
any securities or certificates of interest; and to consent to any contract, lease,
mortgage, purchase or sale of property, by or between any corporation and any other
corporation or person;
(9) to deposit any security with any protective reorganization committee, and to
delegate to such committee such powers and authority with relation thereto as the
board may deem proper and to pay, out of trust property, such portion of expenses and
compensation of such committee as the board may deem necessary and appropriate;
(10) to carry property for accounting purposes other than acquisition date values;
(11) to borrow money on such terms and conditions and from such sources as the
board deems advisable, to mortgage and pledge trust assets as collateral;
(12) to make distributions or divisions of principal in kind;
(13) to comprise, attribute, defend, enforce, release, settle or otherwise adjust claims
in favor or against the trust, including claims for taxes, and to accept any property,
14
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either in total or partial satisfaction of any indebtedness or other obligation, and subject
to the provisions of this act, to continue to hold the same for such period of time as the
board may deem appropriate;
(14) to manage or improve real property; and to abandon any property which the board
determined not to be worth retaining;
(15) to hold all or part of the trust property uninvested for such purposes and for such
time as the board may deem appropriate; and
(16) to extend the time for payment of any obligation to the trust.
(d) Notwithstanding any general or special law to the contrary, all moneys paid to the
trust in accordance with any zoning ordinance or by -law, exaction fee, or private
contributions shall be paid directly into the trust and need not be appropriated or
accepted and approved into the trust. General revenues appropriated into the trust
become trust property and to be expended these funds need not be further
appropriated. All moneys remaining in the trust at the end of any fiscal year, whether
or not expended by the board within 1 year of the date they were appropriated into the
trust, remain trust property.
(e) The trust is a public employer and the members of the board are public employees
for purposes of chapter 258.
(f) The trust shall be deemed a municipal agency and the trustees special municipal
employees, for purposes of chapter 268A.
15
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(g) The trust is exempt from chapters 59 and 62, and from any other provisions
concerning payment of taxes based upon or measured by property or income imposed
by the commonwealth or any political subdivision thereof.
(h) The books and records of the trust shall be audited annually by an independent
auditor in accordance with accepted accounting practices.
(i) The trust is a governmental body for purposes of sections 23A, 23B and 23C of
chapter 39.
(j) The trust is a board of the city or town for purposes of chapter 30B and section 15A
of chapter 40; but agreements and conveyances between the trust and agencies,
boards, commissions, authorities, departments and public instrumentalities of the city
or town shall be exempt from said chapter 30B.
16
APPENDIX B
Town of Sudbury Housing Trust
THIS DECLARATION OF TRUST is executed as of the fifteenth (15th) day of February, 2007
by Lawrence W. O'Brien, member of the Board of Selectmen; Michael C. Fee, Chairman of the
Planning Board; Amy Lepak, Chairman, Community Housing Committee; and Christopher
Morely and Tara L. N. Reed, Co- Chairmen of the Community Preservation Committee,
hereinafter called the Temporary Trustees, who shall serve in such capacity pursuant to the
provisions of M.G.L. Chapter 44, s 55C until the permanent Trustees are appointed pursuant to
Article IV hereunder.
WHEREAS, The Town Meeting of Sudbury has authorized the establishment of a Housing Trust
pursuant to the provisions of M.G.L. Chapter 44, s 55C; and
WHEREAS, An Interim Trust was established on October 17, 2006 to provide an interim
mechanism for collecting funds and paying for expenses in accordance with the purpose and
intent of the enabling legislation pending the adoption of final Trust documents; and
WHEREAS, It is the intention of the Trustees, to establish a comprehensive trust in accordance
with the provisions of M.G.L. Chapter 44, s 55C authorizing the establishment of thereof; and
WHEREAS, All monies received by the Interim Trust shall be transferred to this final Trust for all
purposes relevant to the Trust and the entire Housing Trust Fund (the Fund) shall be considered
available for the purposes of accomplishing the mission of providing for the preservation and
creation of affordable housing in the Town of Sudbury for the benefit of low and moderate
income households.
THEREFORE, in consideration of the agreements contained in this Trust, and the requirements
of M.G.L. Chapter 44, s 55C, the Trustees hereby acknowledge and agree for themselves and
their successors in trust to hold the same, together with such other property and funds as may
be added thereto, for the purposes hereof in trust for the benefit of all of the Inhabitants of the
Town of Sudbury, in the manner and under the terms and conditions set forth herein.
ARTICLE TRUSTEES
The Trustees shall be appointed in accordance with Article IV hereof to replace the Temporary
Trustees established and appointed in the first paragraph of this document.
ARTICLE II PURPOSE OF TRUST
The purpose of the Trust shall be to provide for the preservation and creation of affordable
housing in the Town of Sudbury for the benefit of low and moderate income households.
ARTICLE III POWERS OF TRUSTEES
The Trustees shall have the following powers which shall be carried out in accordance with and
in furtherance of the provisions of M.G.L. Chapter 44, s 55C (Municipal Affordable Housing
Trust Fund) as outlined below except that it shall have no ability to borrow money, or mortgage
or pledge Trust assets, purchase, sell, lease, exchange, transfer or convey any interest in real
property without prior approval of the Sudbury Board of Selectmen:
1) to accept and receive real property, personal property or money, by gift, grant,
contributions, devise, or transfer from any person, firm, corporation or other public
17
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entity or organization or tendered to the Trust in connection with provisions of any
ordinance or by -law or any General Law or Special Act of the Commonwealth or any
other source including money from M.G.L Chapter 44B (Community Preservation);
2) with Board of Selectmen approval from Trustee recommendation, to sell, lease,
exchange, transfer or convey any personal, mixed, or real property at public auction
or by private contract for such consideration and on such terms as to credit or
otherwise, and to make such contracts and enter into such undertaking relative to
Trust property as the Trustees deem advisable notwithstanding the length of any
such lease or contract;
3) to execute, acknowledge and deliver deeds, assignments, transfers, pledges, leases,
covenants, contracts, promissory notes, releases and other instruments sealed or
unsealed, necessary, proper or incident to any transaction in which the Trustees
engage for the accomplishment of the purposes of the Trust;
4) with Board of Selectmen approval from Trustee recommendation, to borrow money
on such terms and conditions and from such sources as the Trustees deem
advisable, to mortgage and pledge Trust assets as collateral; to the extent of the
Trust's assets, and subject to 2/3 vote at any Annual or Special Town Meeting for
greater than the extent of the Trust's assets.
5) to construct, manage or improve real property; and to abandon any property which
the Trustees determine not to be worth retaining;
6) with Board of Selectmen approval from Trustee recommendation, to purchase and
retain real or personal property, including without restriction investments that yield a
high rate of income or no income;
7) to hold all or part of the Trust property uninvested for such purposes and for such
time as the Trustees may deem appropriate; and
8) to become the lottery and monitoring agent for affordable housing and accept
compensation for those services into the Fund,
9) to monitor the expiring use of any affordable housing in Sudbury;
10) to compensate Town employees for services provided as authorized by the Town
Manager, including but not limited to dedicated staff to Trustees, engineering support
for project specific activities, and other Town services, as requested by the Trustees
to the Town Manager;
11) to employ advisors and agents, including but not limited to accountants, appraisers
and lawyers as the Trustees deem necessary;
12) to pay reasonable compensation and expenses to all advisors and agents and to
apportion such compensation between income and principal as the Trustees deem
advisable;
13) to participate or join or form a partnership, corporation or any other legally organized
entity to accomplish the purposes of this Trust and to participate in any
reorganization, recapitalization, merger or similar transactions; and to give proxies or
powers of attorney with or without power of substitution to vote any securities or
certificates of interest; and to consent to any contract, lease, mortgage, purchase or
sale of property, by or between any corporation, and any other corporation, person or
entity,
18
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14) to apportion receipts and charges between incomes and principal as the Trustees
deem advisable, to amortize premiums and establish sinking funds for such purpose,
and to create reserves for depreciation depletion or otherwise;
15) to deposit any security with any protective reorganization committee, and to delegate
to such committee such powers and authority with relation thereto as the Trustees
may deem proper and to pay, out of Trust property, such portion of expenses and
compensation of such committee as the Trustees may deem necessary and
appropriate;
16) to carry property for accounting purposes other than acquisition date values;
17) to make distributions or divisions of principal in kind;
18) to extend the time for payment of any obligation to the Trust,
19) to establish criteria and /or qualifications for recipients and expenditures in
accordance with Trust's stated purposes;
20) to compromise, defend, enforce, release, settle or otherwise adjust claims in favor or
against the Trust, including claims for taxes, and to accept any property, either in
total or partial satisfaction of any indebtedness or other obligation, and subject to the
provisions of this act, to continue to hold the same for such period of time as the
Trustees may deem appropriate;
Notwithstanding anything to the contrary herein, Board of Selectmen approval shall be required
for any of the following actions:
a) to purchase real or personal property;
a) to sell, lease, exchange, transfer or convey any personal, mixed, or real property;
and
b) to borrow money, or to mortgage or pledge Trust assets as collateral to the extent of
the Trust's assets.
Notwithstanding anything to the contrary herein, the Trustees may not borrow, mortgage or
pledge greater than the current Trust assets unless approved by the Board of Selectmen and by
a 2/3 vote at any Annual or Special Town Meeting.
The Trustees shall have full power and authority, at any time and from time to time and without
the necessity of applying to any court for leave to do so, to expend the 100% of the Trust funds,
both principal and interest, to the extent that all funds hereunder may be expended if the
Trustees deem such expenditure appropriate. All expenditures shall be made in conformance
with the terms of this Trust and M.G.L. Chapter 44, s 55C.
ARTICLE IV APPOINTMENT AND TENURE OF TRUSTEES
There shall be a Board of Trustees consisting of not less than five and not more than nine
Trustees appointed by the Board of Selectmen. At least one of the Trustees shall be a member
of the Board of Selectmen, who shall serve as the representative of the Board of Selectmen.
The Trustees shall be appointed for a two (2) year term, such term to end on April 30 of the
expiration year or until such time as a successor is appointed, should said appointment be
delayed. Two of the initial Trustee appointments shall be for a term of one (1) year, and may be
re- appointed at the discretion of the Board of Selectmen. Trustees may be appointed for no more
than five (5) consecutive terms.
19
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In the event of a vacancy in the position of Trustee, the appointment shall be made in the same
manner as the original appointment.
All Trustees must be current residents of Sudbury upon initial appointment. Any Trustee who
ceases to be a resident of the Town of Sudbury shall promptly provide a written notification of
the change in residence to the Trust and to the Town Clerk. Said Trustee may continue to
serve with the approval of the remaining Trustees, and may be reappointed by the Board of
Selectmen.
Any Trustee may resign by written instrument signed and acknowledged by such Trustee and
duly filed with the Town Clerk. If a Trustee shall die, resign, or for any other reason cease to be
a Trustee hereunder before his /her term of office expires, a successor shall be appointed by the
Board of Selectmen to fill such vacancy provided that in each case the said appointment and
acceptance in writing by the Trustee so appointed is filed with the Town Clerk. No such
appointment shall be required so long as there are five (5) Trustees in office. Upon the
appointment of any succeeding Trustee and the filing of such appointment the title to the Trust
estate shall thereupon and without the necessity of any conveyance be vested in such
succeeding Trustee jointly with the remaining Trustees.
ARTICLE V MEETINGS OF THE TRUSTEES
The Trust shall meet at least quarterly at such time and such place as the Trustees shall
determine. Special meetings may be called by the Chairperson or by any two (2) Trustees.
Notice of any meeting of the Trust shall be filed with the Town Clerk and posted in accordance
with the Open Meeting Law, M.G.L. Chapter 39, s 23A, 23B and 23C.
A quorum of the Board of Trustees shall be the majority of the number of authorized Trustees.
The Trustees shall annually elect one (1) Trustee who shall not be a member of the Board of
Selectmen to serve as Chairperson. The Chairperson may establish sub - committees and /or ad
hoc task related committees to carry out the purposes of the Trust. Chairpersons of the sub-
committees may be selected by the members of the sub - committees.
If any Trustee is absent from five (5) consecutive regularly scheduled meetings of the Trust,
except in the case of illness, his position shall be deemed vacant and shall be filled with a new
appointment as set forth above.
ARTICLE VI ACTS OF TRUSTEES
A majority of Trustees may exercise any or all of the powers of the Trustees hereunder and may
execute on behalf of the Trustees any and all instruments with the same effect as though
executed by all the Trustees. No Trustee shall be required to give bond. No license of court
shall be required to confirm the validity of any transaction entered into by the Trustees with
respect to the Trust Estate.
ARTICLE VII TREASURER /COLLECTOR AS CUSTODIAN
The Town of Sudbury Treasurer /Collector shall be the custodian of the Trust's funds and shall
maintain separate accounts and records for said funds.
He or she shall invest the funds in the manner authorized by M.G.L Chapter 44, s 55 (Public
Funds on Deposit; Limitations; Investments,) s 55A, (Liability of Depositor for Losses Due to
Bankruptcy), s 55B (Investment of Public Funds).
Any income or proceeds received from the investment of funds shall be credited to and become
part of the Trust.
20
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Expenditures by the Trust shall be processed through the warrant but shall be controlled by the
provisions of M.G.L. Chapter 44, s. 55C. The yearly approved budget, and any approved budget
revisions will be recorded by the Town Treasurer /Collector.
As custodian, the Treasurer /Collector shall issue checks as directed by the Trustees.
In accordance with M.G.L. Chapter 44, s.55C (Municipal Affordable Housing Trust Fund), the
books and records of the Trust shall be audited annually by an independent auditor in
accordance with accepted accounting practices. The Trust shall be audited as part of the Town
audit.
ARTICLE VIII DURATION OF THE TRUST
This Trust shall continue so long as authorized under the Laws of the Commonwealth of
Massachusetts. Notwithstanding the foregoing, The trust may be terminated by a majority vote
of the Town Meeting in accordance with M.G.L. Chapter 4, s 4B, provided that an instrument of
termination together with a certified copy of the Town Meeting vote are duly recorded with the
Middlesex South District Registry of Deeds and the Land Court. Upon termination of the Trust,
subject to the payment of or making provisions for the payment of all obligations and liabilities of
the Trust and the Trustees, the net assets of the Trust shall be transferred to the Town and held
by the Board of Selectmen for affordable housing purposes. In making any such distribution, the
Trustees may, subject to the approval of the Board of Selectmen, sell all or any portion of the
Trust property and distribute the net proceeds thereof or they may distribute any of the assets in
kind. The powers of the Trustees shall continue until the affairs of the Trust are concluded.
ARTICLE IX CONSTRUCTION OF TERMS
In the construction hereof, whether or not so expressed, words used in the singular or in the
plural respectively include both the plural and singular, words denoting males include females
and words denoting persons include individuals, firms, associations, companies, trusts and
corporations unless a contrary intention is to be inferred from or required by the subject matter
or context. All the powers and provisions of the Trust herein contained shall take effect and be
construed according to the laws of the Commonwealth of Massachusetts.
Reference to the Trustee shall mean the Trustee or Trustees for the time being hereunder.
ARTICLE X RECORDING
This Declaration of Trust shall be recorded with the Middlesex South District Registry of Deeds
and the Land Court.
ARTICLE XI AMENDMENTS
The Declaration of Trust may be amended from time to time except as to those provisions
specifically required under M.G.L. Chapter 44, s 5C, by an instrument in writing signed by all of
the Trustees and approved at a meeting called for that purpose, and approved by the Board of
Selectmen provided that in each case, a certificate of amendment has been recorded with the
Middlesex South District Registry of Deeds and the Land Court.
ARTICLE XII RECORD TO BE CONCLUSIVE, CERTIFICATE AS TO FACTS
Every contract, deed, mortgage, lease and other instrument executed by a majority of the
Trustees as appears from instruments or certificates recorded with the Registry of Deeds and
Land Registration Office to be Trustees hereunder shall be conclusive evidence in favor of any
person relying thereon or claiming thereunder, that at the time of the delivery thereof this Trust
21
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was in full force and effect and that the execution and delivery of such instrument was duly
authorized by the Trustees except that instruments of amendment pursuant to Article XI and an
instrument of termination pursuant to Article VIII hereof shall be conclusive only if it appears that
the delegations, amendments or termination have been executed by all of the Trustees. Any
person dealing with the Trust property or the Trustees may always relay on a certificate signed
by any person appearing from instruments or certificates so recorded to be Trustee hereunder
as to the identity of the then current Trustees or as to the existence or non - existence of any fact
or facts which constitute conditions precedent to acts by the Trustees or in any other manner
germane to the affairs of the Trust.
ARTICLE XIII TERMINATION OF INTERIM TRUST
The Interim Trust is hereby terminated and all assets and liabilities shall be transferred to the
Trustees hereunder pursuant to the vote of the April 2006 vote of the Sudbury Annual Town
Meeting and M.G.L. Chapter 44, s 55C.
ARTICLE XIV TITLES
The titles to the various Articles herein are for convenience only and are not to be considered
part of said Articles nor shall they affect the meaning or the language of any such article.
22
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APPENDIX C
Town of Marblehead Town Meeting Warrant
To adopt an Affordable Housing Trust Fund
Article IX. MARBLEHEAD AFFORDABLE HOUSING
TRUST FUND
ARTICLE IX. Marblehead Affordable Housing Trust Fund
§ 24 -23. Purpose; membership: appointment.
§ 24 -24. Powers.
[Adopted 5-4 -2008 ATM by Art. 34]
§ 24 -23. Purpose; membership; appointment.
There shall be a board of trustees of the Marblehead Affordable Housing Trust Fund
established by the vote under Article 34 of the Warrant for the 2008 Annual Town
Meeting, in this section called the board, which shall include nine trustees, including all
of the members of the Board of Selectmen, with the remaining members to be
appointed by the Board of Selectmen. Trustees shall serve for a term not to exceed two
years. A quorum of the board of trustees shall be five members.
§ 24 -24. Powers.
The powers of the board, all of which shall be carried on in furtherance of the purposes
set forth in General Laws Chapter 44, Section 55C, shall include the following:
A. Subject to Town Meeting approval, to accept and receive real property, by gift, grant,
devise, or transfer from any person, firm, corporation or other public or private entity;
B. To accept and receive tangible property or financial gifts, by gift, grant, devise, or
transfer from any person, firm, corporation or other public or private entity, including
without limitation grants of funds or other property, not real property, tendered to the
trust in connection with provisions of the Town of Marblehead Zoning Bylaw or any
other Town by -law;
C. Subject to Town Meeting approval, to purchase and retain real property;
D. To purchase and retain personal property, including without restriction investments that
yield a high rate of income or no income;
E. Subject to Town Meeting approval, to sell, lease, exchange, transfer or convey any real
property at public auction or by private contract for such consideration and on such
terms as to credit or otherwise, and to make such contracts and enter into such
undertaking relative to trust property as the board deems advisable notwithstanding the
length of any such lease or contract;
F. To sell, lease, exchange, transfer or convey any personal, property at public auction or
by private contract for such consideration and on such terms as to credit or otherwise,
23
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and to make such contracts and enter into such undertaking relative to trust property as
the board deems advisable notwithstanding the length of any such lease or contract;
G. To execute, acknowledge and deliver deeds, assignments, transfers, pledges, leases,
covenants, contracts, promissory notes, releases and other instruments sealed or
unsealed, necessary, proper or incident to any transaction in which the board engages
for the accomplishment of the purposes of the trust and if given proper authority as
noted above;
M. To employ advisors and agents, such as accountants, appraisers and lawyers as the
board deems necessary;
I. To pay reasonable compensation and expenses to all advisors and agents and to
apportion such compensation between income and principal as the board deems
advisable;
J. To apportion receipts and charges between incomes and principal as the board deems
T advisable, to amortize premiums and establish sinking funds for such purpose, and to
create reserves for depreciation depletion or otherwise;
K. To participate in any reorganization, recapitalization, merger or similar transactions; and
to give proxies or powers of attorney with or without power of substitution to vote any
securities or certificates of interest; and to consent to any contract, lease, mortgage,
purchase or sale of property, by or between any corporation and any other corporation
or person;
L. To deposit any security with any protective reorganization committee, and to delegate to
such committee such powers and authority with relation thereto as the board may deem
proper and to pay, out of trust property, such portion of expenses and compensation of
such committee as the board may deem necessary and appropriate;
M. To carry property for accounting purposes other than acquisition date values;
N. To borrow money on such terms and conditions and from such sources as the board
deems advisable and to mortgage and pledge trust assets as collateral;
O. To make distributions or divisions of principal in kind;
P. To compromise, attribute, defend, enforce, release, settle or otherwise adjust claims in
favor or against the trust, including claims for taxes, and to accept any property, either
in total or partial satisfaction of any indebtedness or other obligation, and subject to the
provisions of Massachusetts General Laws, Chapter 44, Section 55C, to continue to
hold the same for such period of time as the board may deem appropriate;
Q. To manage or improve real property;
R. Subject to approval of Town Meeting, to abandon any property which the board
determined not to be worth retaining;
S. To hold all or part of the trust property uninvested for such purposes and for such time
as the board may deem appropriate;
T. To extend the time for payment of any obligation to the trust.
U. To adopt rules and regulations for the purpose of carrying out its responsibilities and
powers and in furtherance of the provisions hereof.
And to do all of the foregoing without funding from the Town of Marblehead but by receipts
generated and /or earned, received, bequeathed, gifted or devised in accordance herewith.
24
,S,F Z
North of Boston
Regional
Shared
Housing
Services
Project
Funding provided by the
District Local Technical Assistance program,
Commonwealth of Massachusetts
Prepared for the
Town and Cities of Danvers, North Reading,
Peabody, Reading, Saugus and Wilmington
Prepared by
Metropolitan Area
Planning Council
60 Temple Place, 6th Floor
Boston, Massachusetts 02111
Tel (617) 451 -2770
www.mapc.org
February 2013
_�,p277
FEBRUARY 2013
The North of Boston Regional Shared Housing Services program is the culmination of
activities that began in November 2012. Thank you to all who participated throughout the
process. This project was undertaken with funds from the District Local Technical
Assistance program. The Metropolitan Area Planning Council wishes to express our thanks
to the Governor and the members of the Legislature for their continued support and funding
of this program.
This report was produced by the Metropolitan Area Planning Council, professional technical
assistance was provided by Matthew Smith, Senior Regional Planner; Steven Winter,
Economic Development Manager; and Jennifer Raitt, Chief Housing Planner.
Metropolitan Area Planning Council
Officers
President Michelle Ciccolo, Town of Hudson
Vice President Lynn Duncan, City of Salem
Secretary Marilyn Contreas, Department of Housing and Community Development
Treasurer Taber Keally, Town of Milton
Thank you for the assistance and leadership of the following individuals:
Town of Danvers
Wayne Marquis, Town Manager
Susan Fletcher, Assistant Director of Planning and Human Services
Town of North Reading
Greg Balukonis, Town Administrator
Maureen Hickey, North Reading Housing Authority
City of Peabody
Edward A. Bettencourt, Jr. Mayor
Karen Sawyer, Director of Community Development and Planning
Stacey Bernson, Assistant Director of Community Development
Town of Reading
Peter I. Hechenbleikner, Town Manager
Jean Delios, Community Services Director and Town Planner
Town of Saugus
Scott Crabtree, Town Manager
Janet Leuci, Saugus Affordable Housing Trust
Town of Wilmington
Jeffrey M. Hull, Town Manager
Carole Hamilton, Director, Planning & Conservation
Michael Vivaldi, AICP, Assistant Planner
Metropolitan Area Planning Council 2 1 P a g e
Acknowledgements
I. Executive Summary
II. Introduction
FEBRUARY 2013
1251
5
III. Community Outreach, Data Collection and Analysis 7
IV. Scope of Shared Services 11
V. Financial Modeling 17
VI. Establish Regional Housing Services Office 20
VII. Next Steps for Municipalities 21
Appendix
Survey Instrument
Sample IMA
Metropolitan Area Planning Council 3 1 P a g e
S� z�
FEBRUARY 2013
For this 2012 District Local Technical Assistance (DLTA) project to assess the feasibility of a
Shared Regional Housing Office, MAPC performed a Housing Services Assessment of
municipal time and funding expended on affordable housing efforts in the communities of
Danvers, North Reading, Peabody, Reading, Saugus and Wilmington. MAPC worked with
Town Managers, housing and planning staff, and volunteers from these municipalities to
gather housing data, analyze results, identify overlapping services /issues /concerns, and to
develop a list of proposed services that could be handled by a shared housing office or
service provider.
The results of this detailed assessment found that the six communities would benefit from a
shared relationship in the following housing services areas:
• Monitoring;
• Regional and Community Linkages
• Local Support (Affordable Housing Planning and Advocacy)
MAPC identified various models for the communities to consider for the shared housing
services. The four potential models include:
• Consultant through Collaborative or Individual RFP
• Creation of an Inter - municipal Agreement (IMA)
• MAPC to provide services
• Public /Private Partnership through 501 (c)(3)
A financial model was developed from the information provided in the Assessment for Town
Managers, Mayors and /or their representatives to review.
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The key objective of this study was to investigate and identify a mechanism for the
communities of Danvers, North Reading, Peabody, Reading, Saugus and Wilmington to work
together collaboratively to better achieve and maintain progress toward their affordable
housing goals by jointly procuring housing assistance.
In many municipalities throughout the Commonwealth, a Planning or Community
Development Office is responsible for the oversight and management of municipal housing
activities, however, the role of promoting affordable housing, and /or managing the
affordable housing inventory, is often adjunct to the primary job responsibilities and often
not description component of municipal housing work. Additionally, due to the infrequency of
some tasks, the complexity of regulatory requirements, and the many options available for
advancing local initiatives, maintaining the required technical skills in -house is difficult, and
communities often turn to external housing consultants on an as- needed fee - for - service
basis to assist with specific projects or provide general support. This can be costly on a per
project basis and does not typically provide the community with a complete or consistent
understanding of their affordable housing needs over time or how best to address them.
The six municipalities in this study joined together because they are interested and
motivated to create more affordable housing opportunities within their communities and to
maintain and preserve their existing affordable housing stock in a cost effective manner.
This is important to communities for several reasons, including:
1) to expand the housing options for low and moderate income residents within their
communities;
2) to achieve the state 10% mandate for affordable housing. (The Department of
Housing and Community Development (DHCD) maintains a Subsidized Housing
Inventory (SHI) of qualifying affordable units to track each community's inventory of
affordable housing. Communities that have 10% of their year -round housing stock
designated as affordable housing have the option to deny comprehensive permit
applications, 40B.)
3) to maximize investments (both financial and staff time) because affordable housing
units take many years to create; and
4) to preserve public subsidies since all units of affordable housing are created with
public subsidies (such as funds, zoning bonuses or public resources)
A successful example of this type of collaboration is the Regional Housing Services Office
supporting the housing needs for the towns of Acton, Bedford, Concord, Lexington, Sudbury
and Weston. About two years ago, these communities joined together through an Inter -
Municipal Agreement, with the Town of Sudbury hosting the office and providing the services
to the other Towns. The member towns pay a membership fee annually for a contracted
level of service, which provides a staff augmentation approach to delivery. Sudbury then
provides the physical space and infrastructure, manages the services contracting, hires
needed staff, and provides general management oversight.
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(Please note that an IMA is not the only option for procurement. Several other options that
may be equally suited for this grouping of communities were identified as part of this study,
and will also be discussed later in this document.)
The following pages detail the approach taken to better understand current municipal
affordable housing capacity, identify a list of core and optional services, provide a draft
financial model, and a menu of procurement options available should the six participating
municipalities (or subset of the group) move forward.
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The first task of this project was the Regional Housing Services Needs Assessment, which
required MAPC to compile survey data, interview representatives from each municipality,
analyze results, and identify overlapping services and issues.
To begin the process, MAPC reached out to and met with representatives from several
municipalities at a kickoff meeting to gauge interest in project participation, and to answer
questions. After this meeting, six communities committed to participate in the process -
Danvers, North Reading, Peabody, Reading, Saugus and Wilmington.
MAPC distributed a Housing Services Needs Assessment survey instrument to each
community to complete. This provided MAPC with an overview of municipal time,
expenditures, and revenues associated with affordable housing in each municipality. MAPC
staff then held a meeting with each community to provide assistance, review the completed
survey and identify additional needs.
A summary table of a 12 -page detailed municipal time and expenditures housing analysis is
provided on page 10. The analysis provides a summary of the total hours, revenue, and
costs expended on municipal housing activities in four core areas: planning, programs,
services, and general administration by the six municipalities based on data collected with
communities in December, 2012. (See Appendix for more information.)).
Next, MAPC analyzed the combined data to find commonalities between the municipalities
that would later be used to identify a group of core services that could be appropriately
administered through a shared regional housing office. Individual needs were also identified
that could potentially be administered by a shared office or other entity on an as- needed
basis.
Key Findings:
A list of key findings for all municipalities combined can be seen below, followed by a
summary table for the individual communities.
Key Findings: All Communities
1. All of the municipalities in this study are currently below the 10% SHI mandate for
affordable housing.
2. Staff capacity to manage housing services varies widely from municipality to
municipality.
3. Monitoring affordable housing stock is time consuming and communities would
benefit from additional capacity to proactively do so.
4. Municipal staff would benefit from additional resources to effectively identify ready -
renters and buyers, and maintain up -to -date lists.
5. Assistance to ensure Local Preference a priority is desired.
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6. Technical assistance would help municipalities to better understand and utilize
existing and new housing programs to maximum public benefit.
7. Several municipalities that do not have a DHCD approved housing production plan
would benefit from one, and /or could use assistance developing one. Others are in
final approval stages, or about to begin a plan process with a consultant.
8. Several municipalities would like grant writing assistance to obtain additional funds
for housing - related services or development projects.
9. Many of the municipalities lack specific dedicated revenue streams for housing
services, especially relative to administration and overhead funds..
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Table 1: Key Findings by Community
_\ Metropolitan Area Planning Council 9 1 P a g e
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SHI
SHI Units
Housing Staff,
Dedicated Revenues
Service Needs' Identified by
%
Boards and
for Housing Services
Development Pipeline
the Communities
TOTAL
Own
Owner
R~
Committees
Danvers
9.2
1013
0
1013
Assistant Director
Affordable Housing Trust,
Connifer Commons - 90 units all
Housing Production Plan, SHI
of Planning and
HOME, Housing
affordable. Tax credit, not 40B
Monitoring, Ready Renter /Buyer,
Human Services,
Assistance Trust, General
40B near Middleton Line -
Education/Tech Assistance
Planner, Housing
Fund (Staff Time)
ownership 18 affordable units
Trust, Housing
(71 total)
Authority
North
9.5
533
43
490
Town Planner,
None specific to housing.
No major projects
Housing Production Plan, SHI
Reading
Housing Authority
General Fund (Staff
pending.
Monitoring, Ready Renter /Buyer,
Time)
Senior Housing
Peabody
9.1
2018
232
1786
Community
CPA, HOME, Inclusionary
No major projects pending.
SHI Inventory Monitoring, First -
Development
Funds, CDBG, Revolving
Time Homebuyer Program,
Director, Asst.
Loan Fund, General Fund
Rehab, Client Intake /Eligibility,
Community
(Staff Time)
General Admin
Development
Director, Housing
Authority
Reading
7.1
684
26
658
Community
Affordable Housing Trust
7 projects either recently
SHI Monitoring, Ready -
Services Director
Fund, General Fund
completed or in pipeline. Haven
Renter /Buyer, Local Preference,
and Town Planner,
(Staff Time)
Street -Oaktree, Reading Woods,
group home confirmation,
Planner, Housing
Johnson Woods, Johnson Woods
Education /Best Practices, First -
Authority
Phase II, MF Charles, 45 Beacon
Time Homebuyer Program
Street, Peter Sanborn Place
(132 new SHI units will be
added.)
Saugus
7.1
759
60
699
Housing Trust
None specific to housing.
No major projects pending.
Housing Production Plan; SHI
(Volunteer)
Housing Trust volunteer
Monitoring, Ready Renter /Buyer,
time.
Development Project Assistance,
Maintenance Program,
Monitoring of accessory units
9.1
710
158
552
Director Planning &
None specific to housing.
Metro at Wilmington (108 rental
SHI Monitoring, Ready -
Conservation,
General Fund (Staff
units, 24 affordable) opens June
Renter /Buyer
M
Assistant Planner,
Time)
2013
Housing Authority
_\ Metropolitan Area Planning Council 9 1 P a g e
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Table 2: Municipal Time and Expenditures Analysis Summary
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�' \ Metropolitan Area Planning Council 10 1 P a g e
FEBRUARY 2013
Based on review of the municipally provided information data other available information, and
interviews with community representatives, three categories of services were identified that
could be supported by a Shared Regional Housing Office for these six communities. Two
categories, Monitoring and Regional Activities, make up the Core Services of the office, or those
primary services provided to each of the communities. The third category, Local Services, is
services provided for an additional fee, depending on the needs of the individual municipalities.
All services are listed below, followed by a more detailed explanation of each.
Core Services
A. Monitoring Services
• Create a central repository of affordable housing developments and a listing of
housing occupants (owners)
• Reconcile municipal records with the Subsidized Housing Inventory
maintained by the Department of Housing and Community Development
• Add new units to the inventory as required and amend inventory as needed.
• Develop and execute a monitoring plan and execute it
• Annually monitor ownership units
• Annually monitor rental developments
• Value ownership units for assessment purposes
• Approve owner refinancing requests and related inquiries
B. Regional Services
• Create Ready- Buyer /Renter lists
• Develop a Regional First -Time Buyer Program. Investigate current FTHB resources
north of Boston, assess need /gaps, then determine /develop appropriate program.
Additional Services
C. Local Support
• Meet with staff and housing entities in each municipality
• Provide Technical Assistance on housing development projects and review local
project documents
• Prepare proposals for supplemental services as needed, including grant writing
assistance.
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Monitoring Services
The core of the Program offerings is the delivery of Monitoring Services. Monitoring Services
ensure and enforce compliance of existing affordable housing restrictions with the goal of
preserving the affordability of existing deed - restricted units within each of the municipalities.
Tasks and activities under the Monitoring Services are described below.
A. Create a central digital repository
The first and primary task is to create a centralized repository of all available legal
documents for all projects. This includes project zoning decisions (Special Permit,
Comprehensive Permit, other), regulatory agreements (both homeownership and rental),
deeds for ownership units, and other specific project information (e.g. mortgages or
liens, land disposition agreements, 40B Cost Certification Reports). The result is a
consolidated inventory of each development /project complete with the above legal
documents, as well as the project address /contact information, unit size mix,
affordability levels, and DHCD Subsidized Housing Inventory (SHI) identifications.
SHI Administration
In order to develop the repository, each project in each community is reconciled to the
DHCD SHI listing, and required updates are made to DHCD to ensure that municipalities
benefit from all eligible units being `counted' on their SHI. This inventory is updated
throughout the term of service as new projects are completed and units occupied, units
are bought or sold, and refinancing transactions occur. The final outcome is a central
repository and an accurate listing on DHCD's SHI.
The SHI snapshot as of November 2012 of these seven communities is shown below,
with proposed or under development projects below.
Table 3: Detailed Subsidized Housing Inventory for Participating Communities
Metropolitan Area Planning Council 12 1 Page
sl�3
DANVERS
NORTH
READING
PEABODY
READING
SAUGUS
WILMINGTON
Public Housing Units
259
44
505
90
313
82
DDS Units
95
32
138
42
86
19
Other Rental
659
414
1143
526
300
45
Ownership
0
43
232
26
60
158
Total SHI Units
1013
533
2018
684
759
710
Total Current SHI
9.2%
9.5%
9.1%
7.1%
7.1%
9.1%
Pending Units
108
0
0
132
0
108
Total Pending SHI Units
1121
533
2018
816
759
818
Pending %SHI
10.1%1
9.5%
1 9.1%
1 8.5%
1 7.1%
1 10.5%
Metropolitan Area Planning Council 12 1 Page
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B. Develop a Monitoring Plan
For this task, the legal framework of each project, generally found in the Regulatory
Agreement and Owner Deed, is reviewed and detailed conditions are analyzed. The role
and responsibility of the municipality for monitoring the housing unit(s) is then identified,
as are the specific requirements for local programs and restrictions. This effort results in
the development of the Annual Monitoring Plan.
As background, different affordable housing programs generally require program specific
monitoring responsibilities for municipalities. For example, the DHCD LIP Program, used
for both ownership and rental in 40B and Local Action Unit (LAU) developments,
generally requires annual certification by the Municipality to DHCD to ensure units
comply with deed and regulatory requirements. On the other hand, the MassHousing
NEF (New England Fund) Housing Starts Program requires a third -party Monitoring Agent
to perform the required annual certifications, and currently only for rental units. Rental
units, in all programs, require annual tenant recertification using updated primary source
documents. Tenants must remain income - eligible to continue occupying an affordable
unit. It is useful to know that DHCD's monitoring expectations may change, placing a
greater emphasis on compliance certification by the responsible parties. This may result
in additional efforts by the municipalities that are not currently required.
Execute Annual Monitoring Plan
The Annual Monitoring Plan is developed based on the projects and units regulated in
the municipality with activities specific to ownership units and rental units, with the
objective to confirm that the development and /or owner is compliant with the affordable
housing restrictions.
For ownership units, the annual monitoring task is to confirm that the owner of record is
compliant. It is important to note that the form of affordable housing restriction can vary
greatly depending on when the deed is recorded and the regulatory program
requirements. Generally though, the restriction requires that the owner live in the unit as
their primary residence and that they obtain approval for refinancing or transfer. This
effort starts with the research at the appropriate Registry of Deeds to review any new
information for the unit - such as refinancing (more common) or transfers (less
common). Self- certification letters are sent to each owner requiring return confirmation
of the restrictions. This annual correspondence with the owners is a useful opportunity
for the municipality to reiterate the deed restriction requirements and to direct owners to
resources that can assist them to continue to maintain their property - both physically
and financially as needed.
For rental units, the annual monitoring task is to confirm that the project is in
compliance with the rental regulatory agreement. The monitoring effort for rental
projects is mostly for LIP projects. For these developments, the municipality is required
to review the rents charged, review the certification of the tenants, review that the units
are maintained, to ensure that tenant selection practices comply with Fair Housing laws,
and to certify all the above to DHCD. For non -LIP projects, the level of this effort is more
Metropolitan Area Planning Council 13 1 P a g e
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discretionary as the municipality generally has no identified responsibility. However, the
municipality may wish to obtain a general certification from the project sponsor that they
are in compliance with deed restriction requirements.
It is expected through this extensive review that compliance violations will be identified
and rectified. Violations may be the result of misunderstood program guidelines, Fair
Housing violations, general neglect or lack of oversight. This effort results in the
development of a list of compliance violations, with a proposed course of action, as well
as certifications of compliance.
C. Value ownership units for assessment purposes
This effort provides the Assessor's Office with annual valuations for the affordable units.
As required by the Department of Revenue, property assessments must take into
account deed restrictions in their valuation. This value -added service is facilitated greatly
by the complete inventory and analysis of each deed restriction and its method of resale
calculation for ownership units. This effort results in the delivery of a list to the
Assessor's Office of the proposed valuation of each affordable unit for tax assessment
purposes.
D. Approve owner refinancing and related inquiries
Many owners wish to refinance or investigate selling their unit. This requires first an
initial valuation as well as helping them with required processes. The initial inquiries may
lead to refinancing approvals required by the municipality, or triggering resale provisions.
This effort results in the drafting of the refinancing approval for the municipality and
potentially a Subordination Agreement..
Regional Services
The second grouping of core services relate to regional services and regional linkages
among the participating municipalities. There are many tasks and activities under the
Monitoring Services umbrella.
1. Locating eligible buyers and renters
This service provides the municipalities and their properties access to ready renter and
ready buyer lists for unit leasing and resale. Gathering this information regionally would
benefit each of the communities. Activities include:
• developing marketing plans per regulation and guidelines
• performing outreach and affirmative /fair marketing units
• qualifying applicants and certifying eligibility
• administering and documenting lotteries
• assisting applicants through occupancy
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I Resident training/services
This service provides training and services to existing home owners by connecting them
to regional programs and services. The collaborative communities may opt to offer post -
purchase training modules or provide linkages to foreclosure resources. This service
offering is greatly leveraged across multiple communities.
Supplementary Support Services
The third subset of proposed housing services, Local Support, would be provided on
additional fee - for - service as part of the contract. The local support options would allow each
participating municipality to select from a menu of value -added services to focus on specific
projects and locally sponsored unit creation development and administration. Should some
municipalities require additional assistance beyond the hours allotted in the base contract,
supplemental services could be separately arranged through the office or identified service
provider.
E. On -site support for staff, boards and committees
The housing service entity could provide on -site support to local staff, Boards and
Committees, including attendance at meetings with presentation materials. The level of
support will vary by municipality as will the number of meetings.
F. Assist with specific development projects and unit creation
This service offering provides assistance for specific projects, including locally sponsored
and /or private development projects. Activities could include:
• assisting municipal boards and developers with evaluating parcels or municipally -
owned property;
• facilitating site and conceptual plan review, project concepts and designs;
• preparing or reviewing project proforma budgets;
• analyzing projects using locally- adopted rules, State guidelines /regulations, best
practices;
• reviewing finalized plans with regard to the affordable component, including unit
mix, disbursement, cost, governance, schedule, marketing;
• interacting with DHCD and Subsidizing Agency; and
• providing comments on the Regulatory Agreement, and other local agreements as
appropriate.
G. Develop resident assistance programs
This service provides support in creating resident assistance programs such as down
payment assistance, small grants or capital improvement programs, rental assistance
Metropolitan Area Planning Council 1 5 1 P a g e
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programs, buydown programs or any other locally defined initiatives to assist new or
existing residents.
Activities include developing the program including eligibility requirements, funding
determination, development of application materials, and implementation assistance.
Administration of the resulting program is assumed to rest with the municipality, though
could also be included in the contracted services if desired.
Metropolitan Area Planning Council
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Using a model created for the original 6 -town Regional Shared Housing Office study
(Sudbury project), MAPC used the survey information gathered from the 6 towns to create a
financial model and cost estimate for combined services.
The Model
Three key pieces are needed to estimate the costs for the shared housing services. They are:
1) the number of communities participating;
2) the level of service for each, and
3) the fixed costs
Because many of the tasks to be provided are time intensive, most of the costs associated with the
shared services office are labor costs. Labor costs are estimated to run between $60 -$90 per hour,
and will vary depending on the procurement option decided upon and the capacity of the selected
service provider and type.
The service level table on the following page shows a rough estimate of hours for each community by
the monitoring services and supplemental local support that may be requested. The fixed costs are
the facilities and infrastructure. From a facilities perspective, a central office is desired but not
mandatory, however a central phone number needs to be provided for residents to call. One can
assume that all meetings are at the individual municipality site, and that independent work can take
place in a home office. Other fixed costs include paper, postage, accounting, insurance, computers,
office equipment, legal as well as other items.
Fee Structure
The participating municipalities will proportionally share the total cost of operating the
Regional Housing Services Office. The proportional share is determined based on the
percentage of hours planned to support each municipality for core service as derived from
the DRAFT service level table and then represented in the DRAFT fee schedule (See pages
18 and 19.)
This DRAFT fee structure is an estimate and includes payment for all core services, along
with potential supplemental services which will be proposed and invoiced outside of this
agreement or payment for additional hours in excess of the allotted hours.
Please note that costs will vary to some extent on a year to year basis, depending on the
supplemental Local Support needed. Additionally, first year costs are likely to be higher due
to the time allotted for the research and collection of documents and other information to be
included in the central repository. Further, if a municipality already has existing, up -to -date
files for individual properties and projects, less time will be required and costs will be lower.
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Table 4: EXTIMATED" Individual Community Service Levels: First Year
*Ownership and Rental Units monitoring in year one includes creating monitoring database. Additional hours for database development may be required to complete this task.
* *All Core Services hours are estimated based on SHI inventory. Hours for supplemental services were filled in for budget demonstration purposes.
Metropolitan Area Planning Council 18 I P a g e
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Methodology
Hours
Per
unit
Danvers
N Reading
Peabody
Reading
Saugus
Wilmington
# /yr
Hours
/year
# /yr
Hours
/year
# /yr
Hours/
year
#/
yr
Hours
/year
# /yr
Hours
year
#/
Hours
year
CORE SERVICES
Monitoring
*Ownership Units: Annual
Monitoring
One per ownership unit
1
0
0
43
43
232
232
26
26
60
60
158
158
*Rental Units: Compliance report
One per Comp Permit
project from Mon.
Agent
2
4
8
1
2
5
10
4
8
2
4
3
6
Assessor Valuation
One per ownership unit
1
0
0
43
43
232
232
26
26
60
60
1S8
1S8
Resolve SHI discrepancies
(1% of SHI units)
One for each
discrepancy
4
10
40
5
20
20
80
7
28
8
32
7
28
Regional Activities
All Participate Equally
Locate buyers /renters
Ready buyer /renter list
50
1
50
1
50
1
50
1
50
1
50
1
50
Administration
Status, Billing
1
12
12
12
12
12
12
12
12
12
12
12
12
Resident Support
Community linkages
3
1
3
1
3
1
3
1
3
1
3
1
3
SUBTOTAL —CORE SERVICES
113
173
619
153
221
415
SUPPLEMENTAL SERVICES
Local Support
On Site Meeting
Per Meeting: Staff,
Housing entities
3
12
36
12
36
12
36
12
36
12
36
12
36
Program Development
Develop Program
materials and
implement
20
1
20
1
20
2
40
1
20
1
20
1
20
Program Administration
Administer applicants
for approval
2
0
0
0
0
0
0
0
0
0
0
0
0
Project Consultation
Per project
20
1
20
0
0
2
40
1
20
1
20
0
0
Prepare Updated HPP
Per DHCD requirements
250
0
0
0
0
0
0
1 0
0
0
0
0
0
SUBTOTAL: SUPPLEMENTAL SVC
76
56
116
76
1
76
1
56
TOTAL
Hours per year
=
189
229
735
229
297
471
Hours per week
41.3
3.6
4.4
14.1
4.4
5.7
9.1
Percent of Total
8.8%
10.7%
34.2%
10.7%
13.8%
21.9%
*Ownership and Rental Units monitoring in year one includes creating monitoring database. Additional hours for database development may be required to complete this task.
* *All Core Services hours are estimated based on SHI inventory. Hours for supplemental services were filled in for budget demonstration purposes.
Metropolitan Area Planning Council 18 I P a g e
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Table 5: DRAFT Membership Fee Schedule: ESTIMATES
A. Core Services Only (ESTIMATE)
B. Core Services and Supplementary Services (ESTIMATE)
(The below fee schedule represents a potential scenario based on supplementary services
selected for each community in the previous spreadsheet. Final hours and costs will be
determined based on individual municipality use of supplementary services.)
Pro rata $
Town
Hours
% of hrs
($60 Rgr hour)
Danvers
113
6.7%
$6,780
North Reading
173
10.2%
$10,380
Peabody
619
36.5%
$37,140
Reading
153
9.0%
$9,180
Saugus
221
13.0%
$13,260
Wilmington
415
24.5%
$24.9QQ
TOTAL
1,694
100%
$101,640
B. Core Services and Supplementary Services (ESTIMATE)
(The below fee schedule represents a potential scenario based on supplementary services
selected for each community in the previous spreadsheet. Final hours and costs will be
determined based on individual municipality use of supplementary services.)
Metropolitan Area Planning Council 19 1 Page 3 ( L6
Pro rata $
Town
Hours
% of hrs
($60 per hour)
Danvers
189
8.8%
$11,340
North Reading
229
10.7%
$13,740
Peabody
735
34.2%
$44,100
Reading
229
10.7%
$13,740
Saugus
297
13.8%
$17,880
Wilmington
471
21.9%
$28.260
TOTAL
2,150
100%
$133,300
Metropolitan Area Planning Council 19 1 Page 3 ( L6
FEBRUARY 2013
For the final task, MAPC will work with the municipalities to identify the best procurement option to
meet the needs of the final grouping of communities.
Options for Procurement
There are a few options for procurement and contracting discussed below. MAPC will assist in further
developing these options should the municipalities proceed.
A. Consultant through Collaborative or Individual RFP
This option seeks to contract with a non - profit or private entity for desired services.
This entity could be a private consulting firm, a public housing entity, or any other service provider.
Municipalities could either contract together as one entity, or independently. Contracting together
could potentially provide a more cost effective option and also establish a regional perspective.
Contracting individually with the same provider would allow each community to join /terminate
independently, and would allow additional communities to join in the future without creating a new
group agreement.
B. IMA
The Inter - Municipal Agreement (IMA) option requires each participating municipality to sign on with a
lead community that would then be charged with providing the services, staff and office space
through RFPs meeting 30B requirements as well as management oversight.
C. MAPC to provide services
(MAPC would not be able to consider this option until Fall 2013 at the earliest, with implementation
in late -FY14 or FY15, due to existing project commitments.)
This potential option considers MAPC leading and providing the housing office services through a
regional non - profit model. Because MAPC is a public entity, the communities would not need to
procure this service through an RFP or Chapter 30B requirements.
D. Public /Private Partnership through 501(c)(3)
This option would involve creating a 501(c)(3) non - profit organization with the municipalities on the
Board and the service providers as staff. This is a more formal and permanent arrangement and
takes significantly more initial effort to implement. It creates an entity, with tax and governmental
requirements. The more permanent aspect to this organization would solidify the service offering for
the future, and have more capability as a separate entity.
Metropolitan Area Planning Council 20 1 P a g e
FEBRUARY 2013
The tentative next steps and proposed time line is shown below. A logical starting point
would be to start services by the beginning of the fiscal year. That requires that minimally a
service provider is identified and selected. Alternatively temporary contractual arrangements
may be put into place until the final solution is implemented., Some communities will need to
prepare appropriation requests for Town Meeting, and it is difficult to arrange the timing so
that the exact cost is known then. An estimated or ballpark number might be needed.
March
• Outreach to local housing stakeholders to discuss model
• Communities to opt in
• Communities to define level of service
April
• Draft RFP /Document
• Town Meetings /Council start for funds appropriation
May
• Issue RFP /Solicit service providers
June
• Negotiate and award contract
July
• Implement
Metropolitan Area Planning Council 21 1 Page / l
Sl(�"I
Board of Selectmen Meeting — August 21, 2007 — Pa ege 6
A motion by Anthony seconded by Tafova that the Board of Selectmen, having reviewed
the issue of the ownership of the parcel of land initially intended as a continuation of Tower
Road east of Bancroft Avenue, have determined that the Town of Reading has no interest
in constructing a continuation of Tower Road and, therefore, has no obiection to the
abutting property owners going through the necessary legal process and securing title to
those lands so described was approved by a vote of 3 -0-0.
Review Request to Vacate a Portion of Robert Road — The Town Manager noted that the
property is off Lowell Street., The abutting property owners share and maintain. He needs to get
staff recommendations.
John Sousa of 20 Parknian Road noted that he. and his neighbor keep their boats on this land. He
also noted that paper roads were more popular a few years ago when there were no sidewalks on
Lowell Street.
Selectman Camille Anthony indicated that she would like a response from the Fire. Department.
Selectman Ben Tafoya suggested noticing everyone in the neighborhood and then hold a hearing.
The Board took no action at this time.
MWRA Sewer Debt Authorization — The Assistant Town Manager noted that there were forms
for the Board to sign to authorize sewer debt.
A motion by Anthonv seconded by Tafova to approve entering into and executing a
Financial Assistance Agreement and a Loan Agreement with the Massachusetts Water
Resources Authority (the 11MWRA ") and any other agreements as may be deemed
necessary in connection with the issue and sale of an interest free. loan in the amegate
principal amount'of $44,330 Sewer Bond (the L°Bond") to MWRA;
That the Bond is authorized pursuant to Chapter 44, Section 7(1), of the General Laws, as
amended and supplemented. and being a portion of the $380,000 Sewer Bonds authorized
by a vote of the Town duly adopted under. Article 17 at the 2007 Annual Town, Meeting,
inclusive, was approved by a vote of 3-0-0.
Discuss Number of Constables — The Town Manager noted that the Town has five Constables
and the Selectmen can appoint up to five. He suggests reducing to two or three. Constables post
the Warrant for Town Meeting and occasionally deliver unsigned Certified Mail for the Town.
A motion by Anthony seconded by Tafova to change the number of Constables to three
through attrition was approved by a vote of 3-0 -0.
Al
CONSTABLE
Term Three years
Annointing Authority Board of Selectmen
Number of Members Three current — Selectmen may appoint up to five
per Charter.
Meetings- Not applicable
nth ri Reading Home Rule Charter — Section 3 -2
Massachusetts General Laws, Chapter 41, Sections
91A-95
PuMpse A Constable who has given bond of not less than $5,000
may service any writ or other process in a personal action
in which the damages are laid at a sum not exceeding
$1,500 and any process in replevin in which the subject
matter does not exceed in value $2,500. In addition,
Constables shall serve�warrants and processes in criminal
cases. They shall serve all wanants.and processes directed
to them by the Board of Selectmen for notifying Town
Meetings or for other purposes. They may serve by copy,
attested by them, demands, notices and citations. A
Constable, in the execution of a warrant or writ directed to
him/her, convey prisoners and property in his/her custody
under such process beyond the limits of his/her town, the
justice who issued it or to the jail or house of correction in
his/her county. If a warrant is issued against a person for
an . alleged crime committed within any- town, any
Constable thereof to whom the warrant is directed. may
apprehend him in any place in the Commonwealth.
May 31, 1991
_�� Z
�I
Title #Positions Term Orin Term ABpt,
Date Exn Auth
Constables Up to 4 3 years BOS
Thomas H. Freeman P.O. Box 825 (93) 2015
Sally M. Hoyt 221 West Street (72) 2014
Contributory Retirement
Board
Frank Driscoll
Joe Veno, Chairman
Sharon Angstrom, Town Acct.
Richard Foley
Thomas A. Clough
Council on Aging
Margaret Havey
Steve Oston
Sally M. Hoyt
Thomas Procopio
Erica Lynne Deane, V. Chr
Carol Oniskey, Chairman
Carole N. Scrima
Christine Hansen
Kevin Walsh
Dorothy Derosa
Cultural Council
Jacalyn Wallace
Nancy Snow
Margaret E. Caouette, Treas.
Colleen O'Shaughnessy
Lynne A. Cassinari, Co -Chair
Eileen Collins
Catherine Folan
5 3 years
7 Ordway Terrace
11 Rock Street
North Reading
16 Lowell Street
68 Tennyson Road
172 Summer Avenue
2014 E. by E.
2016 E. by E.
Indef.
B.V. of O.
12/15
BOS
2015
Board
10 3 years
BOS
23 Van Norden Road
(06)
2015
68 Sturges Road
(07)
2016
221 West Street
(04)
2016
424 South Street
(12)
2015
124 Franklin Street
(09)
2015
7 Strawberry Hill Ln.
(08)
2014
709 Gazebo Circle
(04)
2016
30 Haven Street #2008
(13)
2015
44 Roma Lane
(11)
2014
1005 Gazebo Circle
(10)
2014
7 3 years (6 max)
BOS
75 Hopkins Street
(12)
2016
369 Lowell Street
(12)
2015
11 Field Pond Drive
(08)
2014
56 Walnut Street
(11)
2014
78 Hartshorn Street
(08)
2015
8 B Carnation Circle
(12)
2014
93A Hardnen Street
(12)
2015
Custodian of Soldier's And 1 up to 5 years
Sailor's Graves
Francis P. Driscoll 7 Ordway Terrace (92) 2014 BOS
BOS — Board of Selectmen; T. Mgr. — Town Manager; Mod. — Town Moderator; B.V. of O. — By virtue of office; ��
Sch. Com. — School Committee; FChr. — Finance Committee Chairman; E. by E. — Elected by Employees. *All
terms expire June 30 of year noted, unless indicated otherwise.
EDWARDS
WILDMAN
July 23, 2013
Nancy J. Heffernan, Treasurer
Town of Reading
Town Hall
16 Lowell Street
Reading, Massachusetts 01867 -2685
Re: Town of Reading, Massachusetts
$4,012,000 Water Bond (MWRA)
Dear Nancy:
EDWARDS WILDMAN PALMER LLP
111 HUNTINGTON AVENUE
BOSTON, MA 02199
+1 617 239 0100 man +1 617 227 4420 fax
edwardswildman cam
Cecelia H. Abraham
+l 617 239 0386
fax +1 800 432 5298
cabraham @edwardswiIdman.com
The Massachusetts Water Resources Authority (the "MWRA ") has planned a closing for Water
Bonds, including the above bonds, to take place on August 12, 2013, with the distribution of
funds to take place on August 15, 2013.
We understand that the Selectmen are planning to meet on Tuesday, July 30, 2013, and may wish
take up these votes at their July 30, Meeting, in order to meet the MWRA schedules.
Enclosed, please find Certificate Relating to Certain Minutes of the Meeting of the Board of
Selectmen, the Certificate and the Water Bond in the amount of $4,012,000 representing the loan
by the MWRA expected to be made to the Town on or about August 12 with funds to be
distributed on August 15, 2013:
(a) The Certificate Relating to Certain Minutes of a Meeting of the Board of
Selectmen should be signed by the Clerk of the Board of Selectmen;
(b) The Certificate should be signed by at least a majority of the Selectmen,
by the Town Manager, by you as the Town Treasurer, and by the Town
Clerk, and should have the Town seal affixed; and
(c) The Bond should be signed by at least a majority of the Selectmen and by
you as the Town Treasurer. The Bonds should also have the Town seal
affixed.
Each executed and sealed Bond and all four (4) copies of each Certificate and each Selectmen's
Vote, should be returned to me in order that I may have them by August 5, 2013 in time to
E DWARDS
WILDMAN
Nancy J. Hefferman, Treasurer
July 23, 2013
Page 2
deliver them to MWRA no later than August 12, 2013, to be prepared if distributions should take
place on August 12, 2013, all in accordance with MWRA's time schedules.
Upon receipt of the papers requested in my letter dated July 17, 2013 and the above Bond and
Certificates, all in good order, we shall then be in a position to deliver and settle the above Water
Bonds with MWRA.
Sincerely,
Cecelia H. Abraham
Senior Paralegal
CHA:mjc
Enclosures
AM 22560571.1
s'f Z
$4,012,000**
THE COMMONWEALTH OF MASSACHUSETTS
TOWN OF READING
WATER BOND
$4,012,000**
The Town of Reading (hereinafter called the "Municipality ") in the County of Middlesex
and in The Commonwealth of Massachusetts promises to pay to the Massachusetts Water
Resources Authority (hereinafter called the "Authority "), or registered assigns, the sum of Four
Million Twelve Thousand Dollars ($4,012,000) in installments on August 15 of each year as set
forth below, without interest:
Year
Installment
Year
Installment
2014
$401,200
.2019
$401,200
2015
401,200
2020
401,200
2016
401,200
2021
401,200
2017
401,200
2022
401,200
2018
401,200
2023
401,200
Principal payments on this bond are payable at the offices of the Authority at 100 First
Avenue, Charlestown Navy Yard, Boston, Massachusetts 02129. Upon final payment of the
principal of this bond the Authority shall cancel this bond and return it to the Municipality.
This bond is the only instrument representing a borrowing of $4,012,000 issued by the
Municipality pursuant to Chapter 44 of the General Laws, as amended, and a vote of the
Municipality duly passed on the 22nd day of April, 2013. This bond is issued for the purpose of
defraying the cost of improvements to the Municipality's water system as described in said vote.
This bond is transferable only upon presentation to the Treasurer of the Municipality with
a written assignment duly acknowledged or proved. No transfer hereof shall be effectual unless
made on the books of the Municipality kept by the Treasurer as transfer agent and noted thereon
by the Treasurer with a record of payments.
SS3
In Witness Whereof the Municipality has caused this bond to be signed by its Treasurer
and countersigned by its Selectmen and the seal of the Municipality to be affixed hereto as of the
12th day of August, 2013.
Countersigned:
Treasurer
Selectmen
(Town Seal)
AM 22560578.1
5-1q
TOWN OF READING, MASSACHUSETTS
CERTIFICATE RELATING TO CERTAIN MINUTES OF A
MEETING OF THE BOARD OF SELECTMEN
I, the Clerk of the Board of Selectmen of the Town of Reading, Massachusetts, certify
that at a meeting of the board held July 30, 2013, of which meeting all members of the board
were duly notified and at which a quorum was present, the following votes were unanimously
passed, all of which appear upon the official record of the board in my custody:
Voted: that the sale of the $4,012,000 Water Bond of the Town dated August 12,
2013 to the Massachusetts Water Resources Authority (the "Authority "), is hereby
approved and the Town Manager is authorized to execute on behalf of the Town a Loan
Agreement and a Financial Assistance Agreement with the Authority with respect to the
bond. The bond shall be payable without interest on August 15 of the years and in the
principal amounts as follows:
Year
Installment
Year
Installment
2014
$401,200
2019
$401,200
2015
401,200
2020
401,200
2016
401,200
2021
401,200
2017
401,200
2022
401,200
2018
401,200
2023
401,200
Further Voted: that each member of the Board of Selectmen, the Town Manager,
the Town Clerk, and the Town Treasurer be and hereby are, authorized to take any and all
such actions, and execute and deliver such certificates, receipts or other documents as
may be determined by them, or any of them, to be necessary or convenient to carry into
effect the provisions of the foregoing votes.
I further certify that the votes were taken at a meeting open to the public, that no vote was
taken by secret ballot, that a notice stating the place, date, time and agenda for the meeting
(which agenda included the adoption of the above votes) was filed with the Town Clerk and a
copy thereof posted in a manner conspicuously visible to the public at all hours in or on the
municipal building that the office of the Town Clerk is located or, if applicable, in accordance
with an alternative method of notice prescribed or approved by the Attorney General as set forth
in 940 CMR 29.03(2)(b), at least 48 hours, not including Saturdays, Sundays and legal holidays,
prior to the time of the meeting and remained so posted at the time of the meeting, that no
deliberations or decision in connection with the sale of the bond were taken in executive session,
all in accordance with G.L. c.30A, § §18 -25 as amended.
Dated: July 30, 2013
Clerk of the Board of Selectmen
AM 22560548.1
sus
(Please Note: The following statements are an essential part of the permanent bond
record. Read them carefully before signing this certificate. Advise Edwards Wildman Palmer
LLP of any inaccuracy.)
TOWN OF READING, MASSACHUSETTS
$4,012,000 WATER BOND
CERTIFICATE
We, the Selectmen and the Treasurer of the Town of Reading, Massachusetts, certify that
we have signed the $4,012,000 Water Bond (the "Bond ") of the Town dated August 12, 2013,
and payable, without interest, in installments on August 15 of each year as set forth below:
Year
Installment
Year
Installment
2014
$401,200
2019
$401,200
2015
401,200
2020
401,200
2016
401,200
2021
401,200
2017
401,200
2022
401,200
2018
401,200
2023
401,200
The Bond bears the Town seal, which is also affixed to this certificate.
We further certify that the Financial Assistance Agreement with the Massachusetts Water
Resources Authority (the "Authority ") dated August 12, 2013 providing for the sale of the Bond
has been signed by the Town Manager, and that the Loan Agreement dated August 12, 2013
relating to the Project financed by the Bond has been signed by the Town Manager and we
hereby confirm those Agreements. The Financial Assistance Agreement and the Loan
Agreement are sometimes referred to collectively in this certificate as the "Agreements ".
Capitalized terms used in this certificate and not otherwise defined shall have the same meanings
given those terms in the Agreements.
We, the Selectmen and the Treasurer, also certify as follows:
1. Authority. The Bond is issued pursuant to Chapter 44 of the General Laws and
the following vote of the Town:
$4,012,000 Water Bonds being a portion of the $6,125,000 Water Bonds
authorized under Article 16 at the 2013 Annual Town Meeting called for April 22,
2013.
After this issue there remains $2,113,000 authorized unissued debt under that
authorization.
S-jto
Execution of the Agreements was further authorized by a vote of the Selectmen passed
July 30, 2013 (the "Selectmen's Vote ").
2. Other Debt. No other debt has been incurred under that vote of the Town.
3. Use of Project and Loan Proceeds.
(a) No Reimbursement. None of the proceeds of the Loan and the Bond are
being used by the Town to reimburse the Town for expenditures previously made from funds
other than proceeds of a borrowing.
(b) Prior Notes or Bonds. No proceeds of the Loan or the Bond will be used
to pay or retire any notes, bonds or other evidence of indebtedness previously issued by the
Town.
(c) No Sale of Project. The Town does not expect to sell any Project prior to
repayment of the Loan and the Bond.
(d) Use in Trade or Business. Not more than 5% of the gross proceeds of the
Loan or the Bond are to be used (directly or indirectly) in any trade or business carried on by any
person other than a state or local governmental unit. (Use in a trade or business includes all
activities carried on by the federal government (including its agencies and instrumentalities), by
so- called Section 501(c)(3) organizations and by all other nongovernmental entities other than
natural persons, but does not include use as a member of or on the same basis as the general
public.) The Town does not have or plan to have any contract or other arrangement not
applicable to the general public under which a party, other than the Commonwealth or a local
governmental unit is to have the use of the Project or is to make payments based on costs of the
Project rather than water costs.
(e) Private Loans. None of the gross proceeds of the Loan or the Bond are to
be used by the Town directly or indirectly to make or finance loans to others. (The foregoing
representation does not preclude the financing of a Project whose costs are to be paid by
betterment assessments over a period of years.)
We, the Selectmen, the Town Manager, the Town Treasurer and the Town Clerk, further
certify as follows:
(a) Authorization, Execution and Delivery of Documents. The Loan
Agreement, the Financial Assistance Agreement and the Bond have been duly authorized,
executed and delivered. None of those instruments has been amended or supplemented since its
date (except such amendments or supplements which have been approved by the Authority) or
repealed and each such instrument remains in full force and effect as of this date.
(b) Signatures and Incumbency. The signatures of the Town Manager, the
Town Treasurer, and the Selectmen as appearing below are the genuine signatures of the persons
who held those offices when the Agreements and the Bond were signed and when they were
delivered.
-2-
SI?
(c) Proceedings. No proceeding essential to the execution, delivery or issue
of the Agreements and the Bond has been repealed or amended except as stated in paragraph (1)
above, and no proceedings have been taken relating to the Agreements and the Bond other than
those certified to Edwards Wildman Palmer LLP.
(d) Bylaws. The bylaws or votes described below are the only bylaws or
standing votes of the Town affecting the authorization, sale or issue of the Bond, or the
authorization, execution or delivery of the Agreements, and since April 20, 2011 there has been
no change therein affecting those matters in any way except as may be indicated below:
Town of Reading General By -Laws, as certified on April 20, 2011.
(e) Home Rule. Since April 20, 2011 the Town has not adopted any
amendments or additions to changes in the Town Charter.
(f) Selectmen's Vote. Attached hereto is a true copy of the Selectmen's Vote,
which has not been amended or repealed and remains in full force and effect on this date.
(g) Open Meeting Law. All proceedings essential to the issue of the Bond and
the authorization, execution and delivery of the Agreements and deliberations of a quorum
relating thereto have been taken at a meeting or meetings open to the public; notice of each such
meeting was filed in the office of the Town Clerk and publicly posted in the time and manner set
forth in G.L. C. 30A, § §18 -25; no deliberations, decisions or vote in connection with the Bond or
the Agreements were taken in executive session and no vote was taken by secret ballot; and the
official record of each such meeting was made available to the public promptly and remains
available to the public and, excepting any such meeting held within the last 22 days was made so
available more than 21 days prior to the date hereof.
(h) No Referendum. No petition for a referendum has been filed with respect
to any of the proceedings essential to the authorization, sale or issue of the Bond or the
authorization, execution or delivery of the Agreements.
(i) Development Districts. The Town [has][has not]* established any
development districts pursuant to G.L. c.40Q.
0) Debt Limit. At the time of their authorization the Bonds were, and on the
date hereof the Bond is, within every debt and other limit prescribed by law or otherwise.
* delete that which is inappropriate
&I
(k) Receipt of Purchase Price. I, the Town Treasurer hereby certify that the
Bond was delivered on the date hereof and the full purchase price of $4,012,000 is expected to
be received from the Authority on August 12, 2013.
Dated: August 15, 2013
Selectmen
AM 22560594.1
-4-
Town Manager
Town Treasurer
Town Clerk
(TOWN SEAL)
Board of Selectmen Meeting
June 18, 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 7:02 p.m. in the Conference Room, 16 Lowell Street, Reading,
Massachusetts. Present were Chairman James Bonazoli, Vice Chairman John Arena,
Secretary Ben Tafoya, Selectmen Daniel Ensminger and Marsie West, Town
Manager Bob LeLacheur, Office Manager Paula Schena, and the following list of
interested persons: Steven Ryan, Susan Bowe, Jamie Maughan, Linda Blomerth, Mark
Rumizen, Jennifer Driscoll, Steve Dennen, Susan Melanson, Dave Melanson, Pat Foley,
Mike Foley, Kerry and Sean Mcauley, Jessie Wilson, Nancy Docker, Roberta and
Anthony Guarciariello, Dorothy Marshall, Marilyn Simmons, Keith Driscoll, Kurt Habel,
Farrukh Najmi, Tom Gardiner, Jean Delios and Will Finch.
Reports and Comments
Selectmen's Liaison Reports and Comments — John Arena noted that he and Daniel
Ensminger interviewed applicants for Boards, Committees and Commissions. He
indicated it is nice to see the interest in the positions. He also noted that he met with a
professional regarding developing a brochure of Reading and he would like to have a
meeting to discuss this.
Ben Tafoya thanked the Town Manager, John Feudo and the Lions Club for Friends and
Family Day.
Daniel Ensminger noted that he attended a Rotary meeting and Peter Hechenbleikner was
awarded.
Marsie West noted that she attended the MMA new Selectman orientation. She spoke
with the Finance Committee regarding their concerns re: potential state aid cuts. She also
mentioned that in regards to the brochure that Mr. Arena was talking about she has
actually seen Town strategic plans on websites.
James Bonazoli noted that he attended a meeting of the Recreation Committee on
Tuesday and the Girls Softball wants to stay at the field by RMHS and make
improvements. They will bring their proposal to the Board of Selectmen. Jeff Harding
requests the Board to revisit the second water meter issue. Bill Brown requests an update
on the status of Oakland Road and he is requesting that CPDC look at that. Bill Brown
also asks about the flag display and he noted that James forgot to thank the Cemetery
Department for the Memorial Day work. Mr. Bonazoli also noted that dog owners need
to step it up and be responsible by cleaning up after their dogs.
Public Comment —Susan Shields, 89 Woburn Street, noted that the tree roots from the
Town tree is crushing her pipes and coming up through her basement floor. She wants
Get
Board of Selectmen Minutes — June 18, 2013 — page 2
the tree taken down but the Tree Warden refuses to take it down. She feels her 211 year
old house is more important than a tree.
The Town Manager noted that the contractor who did sewer work for her has been
banned from the Town due to poor quality of work. Ms. Shields indicated she feels the
contractor did a good job.
James Bonazoli indicated that the Board will hold a hearing on July 9th and for the Tree
Warden to be present.
Town Manner's RKPort — The Town Manager gave the following report:
Administrative matters
♦ Sale of Real Estate - proceeds go into Sale of Real Estate fund for use for debt
service, capital improvements, or funding unfunded pension liability.
o The Town has closed on the sales of land at 50 Lothrop ($305,000) and
two small parcels at Pearl & Audubon ($14,800 total). Proceeds will be
added to the Sale of Real Estate Fund.
o House lot on Pearl /Audubon — three bids opened today, all exceeded the
$200,000 minimum. The bid packets will be evaluated early next week
with Town Counsel. Award scheduled for July 91h BOS meeting.
♦ Town Departments — given three tasks in preparation for BOS longer -term goal
setting process:
o June 2013: Comment on and prioritize existing CY13 goals set by BOS
last winter (attached);
o August 1 st 2013: Submit organizational changes desired to Town Manager
for review with BOS and then November Town Meeting as needed;
o January 1St 2014: Create task lists & ways to measure key tasks. Begin
measuring in CY14 in order to be able to feed into the Selectman's next
goal- setting process.
Community Services
♦ Pleasant Street Center — dedication of Great Room is scheduled for the COA's lobster
roll dinner on July 18th at 5pm. Please contact Jane Burns before June 26th (942 -6658
or jburnskci.reading ma.us ) if you wish to attend.
♦ Medical Marijuana Treatment Centers — CPDC has reviewed and voted to pass along
a request for a Moratorium to be voted on by TM at STM 2013 to the Selectmen. If
the BOS agrees and refers the matter back to CPDC, a Public Hearing notice will be
published (6/24) which starts the moratorium. Further details in tonight's agenda
item.
♦ Comprehensive Update of the Zoning By -Law — reviewed by CPDC, further details
in tonight's agenda item.
♦ Portland Pie — open for business on Monday June 17th. Applicant was very
complimentary on Town's well - organized approach to planning and permitting
process.
♦ Pamplemousse — ABC has approved their liquor license.
�Q,Z�
Board of Selectmen Minutes — June 18, 2013 — page 3
♦ Bunratty Tavern is requesting an extension on the deadline to be fully operational due to
construction delays.
A motion by Tafoya seconded by West that the Board of Selectmen extend the
deadline for RKR Corp. d/b /a Bunratty Tavern at 622 Main Street to be fully
operational to September 14, 2013 was approved by a vote of 5 -0 -0.
♦ Artis Senior Living — Applicant has filed for Site Plan Review, and then will be
before the CPDC (6/24). Permitting has been expedited including coordination with
ZBA and ConsCom.
♦ Perfecto's- Pre - Construction Meeting on 5/30/13 (demolition), applicant submittals
are pending. A violation notice will be going out from the Health Director as the
applicant did not file for a permit as required under Title V for Septic Abandonment.
This was addressed previously with the General Contractor, however, the applicant
and the demolition sub - contractor took their own course of action. Ben Tafoya noted
that Town Meeting voted the bylaw to take action against Perfecto's. Marsie West
noted that the Town should institute the fines and move forward with demolition.
Jean Delios noted that multiple violation letters have been sent out. The first
violation fine was $50 and they balked at it and management decided not to enforce.
Jamie Maughan noted that the wetland permit required preconstruction permitting
and he has heard nothing from them. Jean Delios noted that it has been a revolving
door of contractors and what they really need is a project manager.
John Arena noted that the clock has run out on this so the Town should change its
posture immediately. James Bonazoli requested that a letter be sent out requesting a
DRT meeting.
♦ S. Main Street Roadway DIET — Grant funds awarded, CTPS site visit last month,
scope of work received last week.
♦ Retail Visioning and Fagade Improvement Program — next phase by BFSI Committee
and EDC.
♦ MF Charles progressing with construction (Building Permit issued last month).
♦ Reading Housing Production Plan - approved by DHCD.
Library
♦ Library Building Committee — OPM contract signed; LBC met last night with STV's
Jim Kolb and staff to begin preparation for two next steps (hire a designer /architect
and find temporary space). The key date is May 2014 from a State Grant perspective,
process designed backwards to achieve that goal.
o For the architect search, ad will be submitted today for publication in the
Central Register on June 26th with the expectation to have all proposals in by
July 18th and a final selection by mid - August.
o Search for temporary office space will be lagged one week, town must follow
procurement law and also request proposals that meet certain criteria. A
Board of Selectmen Minutes — June 18, 2013 — page 4
reminder that the Library Trustees approved a search for temporary space
outside of Reading.
Public Safety
♦ Franklin & Main Street- MA DOT immediately responded with two site visits, further
news pending.
♦ Ipswich River Rte. 28 bridge repairs — shorter time frame solution possible, decision
by late June.
♦ Our consultant has completed counts on Main and Salem, Woburn, Pleasant, and
Haven. Report about two weeks away to see if we can adjust signal timing to move
traffic through better.
Public Works
♦ West Street — draft TIP is in 30 day comment period, MPO committee to take final
vote at their June 27th
meeting (Town Engineer will be in attendance). Affirmative vote funds the project in
FFY 2014 — October 1, 2013. In preparation, FINCOM Reserve Fund transfer
request on June 26`" to begin some paper work on land - takings. This should allow
construction to begin in the spring 2014.
Road Improvements - Completed
♦ Charles Street (Haverhill St. to Dana Rd.) — Traffic markings to be installed this
week
♦ Haverhill Street (Wakefield St. to N. Reading Town Line) — Traffic markings to
be installed this week
Roads - In Pro rg ess: Due to recent rains, installation of the final layer of pavement will
probably not resume until next week.
♦ Batchelder Road — Roadway reclaimed and binder installed, castings raised
♦ Boswell Road — Roadway reclaimed and binder installed, castings raised
♦ Irving Street — Roadway reclaimed and binder installed, castings raised
♦ Poets Corner: Tennyson Circle, Wadsworth Road, Whittier Road, Tennyson Road,
Browning Terrace — Roadway reclaimed, binder installed and driveway aprons
adjusted. Completion is pending the curb and/or sidewalk betterment question,
results so far close to 50150
♦ Hanscom Ave. (Weston to Hartshorn) - Roadway reclaimed and binder installed,
castings being raised/adjusted this week
♦ Hartshorn Street — Roadway milled, castings being adjusted this week
♦ Longfellow Road — Roadway milled, castings being adjusted this week
♦ Tower Road (Winthrop to Bancroft) — Roadway milled, castings being adjusted this
week
♦ Weston Road (Parkview to Bancroft) - Roadway reclaimed and binder installed,
castings raised
♦ Winthrop Ave. - partially milled and reclaimed, binder installed, castings being
raised/adjusted this week
♦ Howard Street (Summer Ave. to Sigsbee Ave.) — Roadway reclaimed and binder
installed; castings raised
b, "/
Board of Selectmen Minutes — June 18, 2013 — page 5
♦ Springvale Road (Overlook Rd. to 300' on Springvale Rd.) — Roadway reclaimed
and binder installed; castings raised
♦ Overlook Road — Roadway milled, castings being adjusted this week
Roads - To be scheduled
♦ Oakland Rd. (after school closes)
Water projects
♦ Belmont to Ivy cross country — borings this week
♦ Main St. improvements — apply for required state permits by mid -July
Sewer projects
♦ Howard Street replacement — plan to advertise for bids in July
♦ Charles -Lewis Streets - plan to advertise for bids in August
Discussion /Action Items
Review Medical Marijuana Moratorium — Town Planner Jean Delios, Staff Planner Jessie
Wilson and CPDC member Charlie Adams were present. Mrs. Delios noted that CPDC
voted to approve a draft amendment and the Selectmen need to vote to submit it to
CPDC. She will advertise tomorrow and that way the zoning will be frozen. There will
be a public hearing on July 8, 2013 and the moratorium will be for one year from when
Town Meeting approves it. Also, the Attorney General wants us to update the Bylaws so
we will need to hire a consultant for updating them.
Charlie Adams noted that CPDC agreed on the proposed timeline.
Daniel Ensminger asked who else has voted a moratorium and Jean Delios noted
Wakefield and a couple of other towns.
A motion by Ensminger seconded by Tafoya to refer back the zoning amendment to
CPDC was approved by a vote of 5 -0 -0.
Review Zoning Bylaw Project - Jean Delios noted that the Zoning Bylaw is the rule book
on where things can happen and it needs to be updated. Phase 1 will include looking at
the existing bylaw and simplify the language. Staff will do the formatting. Phase 2 will
be a whole new bylaw and there will be a public process. It will take 18 to get through
phase 2. She is drafting an RFP to get a consultant on board in September.
Daniel Ensminger noted we need a good clean sign bylaw.
Charlie Adams noted it will be key to keep to the schedule and yet get everyone to
respond. They also want to look at the Dover amendment regarding schools, churches,
etc. being exempt from zoning issues.
Daniel Ensminger suggested they also look at the PUD because it was drafted with other
things in mind. He suggested perhaps removing it.
Jamie Maughan noted that the Conservation Commission revised the wetland bylaws and
they heard from over 1000 residents and it took them one year.
Board of Selectmen Minutes — June 18, 2013 — page 6
Marsie West asked if we can change the mandate for ZBA to give feedback and Daniel
Ensminger noted that the ZBA is chartered under state law.
Appointment of Boards, Committees and Commissions — The Town Manager noted that
there are some changes to the motion of the Volunteer Appointment Subcommittee. He
noted that under Conservation Commission, Jamie Maughan should be a three year term;
and the Custodian of Soldiers and Sailor's Graves was omitted. Also, we have received
three more applications for the Town Forest Committee since the VASC met on Monday
night. Each applicant asked to be considered in this round of appointments because no
deadline was posted for applying. The Town Manager noted that the VASC filled two 3
year terms and one 1 year term on the Town Forest Committee when they met on
Monday night.
The Board interviewed Susan Bowe, Jennifer Driscoll, Kurt Habel and Farrukh Najmi for
positions on the Town Forest Committee. With some of the applicants representing dog
walkers and some of the applicants representing the boy scouts, the Selectmen noted that
they are not interested in appointing anyone with special interests because then once the
issues are resolved they are no longer interested in serving.
Town Forest Committee member Tom Gardiner noted that the Committee is addressing
all of the issues and if anyone comes to the meetings they will see the progress.
Jamie Maughan noted that the Conservation Commission worked with the Town Forest
Committee and he's never seen the Town Forest so well run. He noted that Patrice
Todisco did a lot of work. The Town Manager noted that Patrice Todisco withdrew her
renewal application.
A motion by Ensminger seconded by Bonazoli to place the following names into
nomination for two positions on the Town Forest Committee with terms expiring
June 30, 2016: Thomas Gardiner and William Sullivan. Each received five votes
and were appointed.
A motion_ by Ensminger seconded by Tafoya to place the following names into
nomination for four Associate positions on the Town Forest Committee with a term
expiring June 30, 2014: Louis DeBriaard, Jennifer Driscoll, Kurt Habel and
Farrukh Naimi. Each received five votes and were appointed.
A motion by Ensminger seconded by West that the Board of Selectmen confirm the
Volunteer Appointment Subcommittee's recommendations to the Board of
Selectmen for the appointment and /or reappointment of the following members to
various Boards, Committees and Commissions for terms beginning July 1, 2013 as
listed below:
Animal Control Appeals Com. John Miles 6 -30 -16 1
U-lv
Board of Selectmen Minutes — June 18, 2013 — page 7
Board of Appeals John A. Jarema 6 -30 -16
Board of Cemetery Trustees Ronald Stortz 6 -30 -16
Elise M. Ciregna 6 -30 -16
Board of Health David Singer 6 -30 -16
Board of Registrars Krissandra Holmes 6 -30 -16
Climate Advisory Committee Michele Benson 6 -30 -16
Climate Adv. Com. (Associates) Laurie Ann Sylvia 6 -30 -14
Gina Snyder 6 -30 -14
Commissioners of Trust Funds John Daly 6 -30 -16
Conservation Commission Annika Scanlon 6 -30 -16
Terrence Selle 6 -30 -14
Jamie Maughan 6 -30 -16
CPDC Nicholas Safina 6 -30 -16
John Weston 6 -30 -16
CPDC (Associate) George Katsoufis 6 -30 -14
Council on Aging Sally Hoyt
6 -30 -16
Steven Oston
6 -30 -16
Carole Scrima
6 -30 -16
Cultural Council Jacalyn Wallace 6 -30 -16
Custodian of Soldier and Francis Driscoll 6 -30 -14
Sailor Graves
Economic Development Comm.
EDC (Associates)
Meghan Young 6 -30 -16
Karl Weld 6 -30 -16
Camille Anthony
6 -30 -14
John Russell
6 -30 -14
Maria Higgins
6 -30 -14
Board of Selectmen Minutes — June 18, 2013 — page 8
Fall Street Faire Committee Leslie Leahy
6 -30 -16
Sheila Mulroy
6 -30 -16
Denise Benard
6 -30 -14
Historical Commission Robyn Parker 6 -30 -16
Historical Commission (Associate) Nancy Kohl 6 -30 -14
Virginia Adams 6 -30 -14
Housing Authority Kevin Mulvey 6 -30 -18
Human Relation Adv. Com James Cormier 6 -30 -16
Lori Hodin 6 -30 -16
Jacalyn Wallace 6 -30 -16
HRAC (Associate) Camille Anthony 6 -30 -14
North Suburban Ben Tafoya 6 -30 -16
Planning Council
Recreation Committee Francis Driscoll
6 -30 -16
Michael Dipietro
6 -30 -16
Catherine Kaminer
6 -30 -16
Recreation Committee (Associate) Sean Whalen 6 -30 -14
Trails Committee Terrence Selle 6 -30 -16
David Williams 6 -30 -16
Trails Committee (Associate) John Parsons 6 -30 -14
West Street Historic Everett Blodgett 6 -30 -16
District Commission
The motion was approved by a vote of 5 -0 -0.
Appointment of Town Counsel — The Town Manager noted that he asked the frequent
users of Town Counsel for their opinion. Ellen Doucette left the firm and has not been
effectively replaced. Timeliness is an issue. He recommends reappointing until
December 31, 2013 so he can talk to Town Counsel regarding the coverage.
A motion by Tafova seconded by Ensminger that the Board of Selectmen reappoint
the firm of Brackett and Lucas as Town Counsel for a term expiring December 31,
2013 was approved by a vote of 5 -0 -0.
((erg
Board of Selectmen Minutes — June 18 2013 — page 9
Discuss Goals — The Town Manager reviewed the current Selectmen & Town Manager
Goals as approved last winter for the calendar year 2013. He suggested that the process
change to be based on a fiscal year, since that is how all other employees are reviewed
each year, and this would put the two evaluation processes in step with each other going
forward. He outlined his prioritization of the current Goals as well as that of the
Department Heads. In general there was strong correlation, although some differences
remained. He also listed a series of additional Goals as discussed with the Department
Heads during the past several weeks. These would replace some the low- priority Goals.
Mr. Arena stated that he liked the new calendar of fiscal year, and Mr. Tafoya agreed that
this would make the evaluation of the Town Manager more easily accomplished. In the
early fall the Selectmen could gauge the relative success and performance in time for the
December 31" six - months contract renewal notice for the Town Manager.
Mr. Arena said he looked forward to a proposed workshop joint meeting with EDC as
proposed by the new Goals. He handed out some material from a Jupiter, FLA website
which described a five -year Strategic Plan. He said that it is important to think beyond
the single year in terms of Goals, and to note which ones that are proposed are multi -step
and multi -year ones.
Mr. LeLacheur stated that there needed to be an improvement in communication between
the Boards, Committees and Commissions. He said that the BOS liaison assignments
were a good place to start, and that many BCCs understand that Selectmen cannot attend
every meeting, but they are interested in more feedback. Ms. West agreed and added that
there was some overlap among the current BCCs. She encouraged better BCC/BCC
communication, for example CPDC and CONSCOM.
Approval of Minutes
A motion by Bonazoli seconded by West to approve the Executive Session minutes
of May 7, 2013 as written was approved on a roll call vote with all five members
voting in the affirmative.
A motion by Tafoya seconded by Ensminizer to adiourn the meeting at 10.30 p.m.
was approved by a 5 -0 -0 vote.
Respectfully submitted,
Secretary
�'aq
Board of Selectmen Meeting
June 19, 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 Conference Room, 16 Lowell Street, Reading,
Massachusetts. Present were Chairman James Bonazoli, Vice Chairman John Arena,
Secretary Ben Tafoya, Selectmen Daniel Ensminger and Marsie West and Town
Manager Bob LeLacheur.
Reports and Comments
The Town Manager reviewed a map of the poll results for curb and sidewalk construction
in the Poet's corner area. After a discussion, the Selectmen agreed that there was not a
strong consensus to do that work, so the Town should proceed to finish the street paving
project as originally intended. They thanked the Town staff for being flexible and listening
to the neighborhood during this whole process.
Discuss Goals — The Town Manager handed out two revised draft sets of FY14 Goals,
based on the discussion from the previous night's meeting. The first set included all 'old'
Goals that he proposed to be deleted — shown in cross -out formatting. It also showed all
`old' Goals he proposed to keep, and added in the 'new' Goals discussed the prior night.
The sections were re- arranged so that logical items were together. The second handout
contained only those proposed Goals that would be carried forward for FY14.
The Town Manager and Selectmen had a detailed discussion about each of the 30 Goals
that would go forward. These included six goals in Administration; two in Policy
Development; three in Services; three in Operations; six in Community Development; one
in Health and Safety; four in Infrastructure and five in Finance.
The only suggested change by the Board was to remove the Veteran's District from a
broad regionalization goal, and place it by itself. The Town Manager explained that
Melrose had requested a delay in implementing the District to include Reading because of
extra work required in adding Saugus to the Melrose- Wakefield District. Mr. Bonazoli
stated that as a stand -alone goal, solving the Veteran's issue was to allow for any flexible
solution that was agreeable to the state. The Town Manager reminded the Board that the
state complimented the efforts of and results from the work of Frank Driscoll, Reading's
current Veteran's Service Officer.
Approval of Minutes
A motion by Tafoya seconded by West to approve the minutes of May 7, 2013 as
amended was approved 4 -0 -1 (Arena abstaininsa).
At 9:35pm a motion to adiourn by Ensminger seconded by West was approved by a
5 -0 -0 vote.
Respectfully submitted,
Secretary
(� 3
Board of Selectmen Meeting
July 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 Chairman James Bopazoli, Vice Chairman John
Arena, Secretary Ben Tafoya, Selectmen Daniel Ensminger and Marsie West, Town
Manager Bob LeLacheur, Office Manager Paula Schena, Town Accountant Sharon
Angstrom, Police Chief James Cormier, Police Sgt. Detective Mark Segalla and the
following list of interested persons: Rusty Harris, Mark Cardono, Sharlene Reynolds
Santo, Stephen Crook, Phil Pacino, Harold Torman, George Katsoufis, Kevin Sullivan,
Bob Morelli.
Reports and Comments
Selectmen's Liaison Reports and Comments — Daniel Ensminger noted that he is happy to
see the street paving in town.
John Arena noted he enjoyed the 4`" of July.
Ben Tafoya thanked staff and the Town Clerk for working the special election in the heat
in late June. He also noted that it would be nice to look at keeping Town Hall open for
absentee voting on the Friday before an election.
Town Manager's Report — The Town Manager gave the following report:
Administrative matters
♦ With tonight's approval for the sale of the house lot on Pearl /Audubon, the Town will
have added $630,800 to the Sale of Real Estate Fund. In addition, two new single -
family homes will generate annual property taxes when they are completed. This
leaves only the Oakland Road property as previously identified parcels the Town
should consider selling if it had no other uses in mind. (Ben Tafoya suggested
including CPDC in this discussion)
♦ Fiscal 2013 has been completed, but there are another couple of weeks to pay 2013
bills.
♦ We have joined 16 other area communities and teamed up with the U.S. Geological
Survey to participate in a project which will be managed by the USGS National
Geospatial Technical Operations Center and produce high - resolution elevation
products for our GIS needs. This flyover will occur during the Fall of 2013 (after the
leaves have come down). The cost to Reading is only $2,286 and details are in
tonight's packet.
6 cI
Board of Selectmen Minutes — July 9 2013 — page 2
Community Services
♦ Pleasant Street Center — dedication of Great Room is scheduled for July 18th at 5pm.
Please contact Jane Burns (942 -6658 or jburnsgci.readin .ma.us ) if you wish to
attend.
♦ Medical Marijuana Treatment Centers — CPDC last night at a public hearing approved
(5 -0 -0) to request for a one -year Moratorium to be voted on by the Subsequent Town
Meeting in November 2013.
♦ Comprehensive Update of the Zoning By -Law — reviewed again last night by CPDC.
An RFP for consulting services is nearly finalized. What role does the Board wish to
take — more details in tonight's packet.
♦ Perfecto's- Applicant is waiting for the National Grid to come in and cap the service so
it is safe for demolition. They made the request a few weeks ago, and were told there
was a 6 -8 week waiting period for service from the gas company. Also see tonight's
packet for an email exchange with Conservation. Note they have paid the fine levied
by the Board of Health for failing to pull a permit for their septic work.
Library
♦ Library Building Committee — OPM contract signed; RFP issued for architectural
services — over 20 firms were expect to attend a site walk through this morning. See
tonight's packet for more details.
o All architect proposals due by July 18th and a final selection by mid - August.
o Search for temporary office space - town must follow procurement law and also
request proposals that meet certain criteria. A reminder that the Library
Trustees approved a search for temporary space outside of Reading.
Schools
♦ Woburn Street School — several staff preparation meetings, the most recent one
included Father Rock and other representatives from St. Agnes, the Chair of the ZBA,
Town Counsel and Town staff. As stipulated in the LOI, staff has filed a Special Permit
application with the ZBA on behalf of St. Agnes to seek relief from parking. On
Thursday July 11th the ZBA will hear the St. Agnes case to determine if a Special
Permit is needed for extending a non - conformity related to parking. The Town will be
presenting the case on behalf of St. Agnes, the applicant.
Public Safety
♦ Franklin & Main Streets - MA DOT immediately responded with two site visits. Late
in June Representative Jones met with a MA DOT engineer and Town staff on site.
Expect both short and long -term solutions to be discussed briefly at your next
Selectman's meeting on July 30tH
Public Works
♦ West Street — draft TIP is again in the 30 day comment period, MPO committee to
take final vote at their July meeting instead. FINCOM approved a Reserve Fund
transfer on June 26th to begin some paper work on land - takings. This should allow
construction to begin in the spring 2014 if the project is funded.
�GZ
Board of Selectmen Minutes — July 9 2013 — page 3
Road Improvements - Completed
♦ Charles Street (Haverhill Street to Dana Road.) — Traffic markings to be installed
(wet weather delays)
♦ Haverhill Street (Wakefield Street to North Reading Town Line) — Traffic
markings to be installed (wet weather delays)
♦ Batchelder Road, Boswell Road, Irving Street
♦ Weston Road (Parkview to Bancroft) - completion of some driveway aprons
remain
♦ Longfellow Road - completion of some driveway aprons remain
♦ Hanscom Avenue (Weston to Hartshorn) - completion of some driveway aprons
remain
♦ Tower Road (Winthrop to Bancroft) - completion of some driveway aprons remain
Roadwork Performed by DPW
♦ Priscilla Road — Overlay roadway was completed this week
Roads - In Progress:
♦ Winthrop Avenue - partially milled and reclaimed, binder installed, castings
adjusted, paving in progress — what is not finished today will be completed paving
tomorrow
♦ Hartshorn Street — Roadway milled, castings adjusted, to be paved tomorrow
♦ Howard Street (Summer Avenue to Sigsbee Avenue) — Roadway reclaimed and
binder installed; castings raised, to be paved tomorrow
♦ Springvale Road (Overlook Road to 300' on Springvale Road) — Roadway
reclaimed and binder installed; castings raised, anticipated to be paved next week
♦ Overlook Road — Roadway bindered, castings raised, anticipated to be paved next
week
♦ Oakland Road — roadway has been bindered, casting being adjusted, island to be
installed within a week — final paving TBD
♦ Poets Corner: Tennyson Circle, Wadsworth Road, Whittier Road, Tennyson Road,
Browning Terrace — Roadway reclaimed, binder installed and driveway aprons
adjusted. Castings being raised, curbing being adjusted, some curbing being
installed privately (4 to 5 houses) - final paving TBD
Roadwork Performed by DPW
♦ Waverly Road — Reclaimed by contractor — bindered by DPW today, casting to be
adjusted tomorrow
Water projects
MWRA loan assistance has been applied for and approved
♦ Belmont to Ivy cross country — borings completed
♦ Main Street improvements — apply for required state permits by mid -July
�0 63
Board of Selectmen Minutes — July 9 2013 — page 4
Sewer projects
♦ Howard Street replacement — plan to advertise for bids in July /Aug
♦ Charles -Lewis Streets - plan to advertise for bids in August
Proclamations /Certificates of Appreciation
Retiring Volunteers Who Served 5+ Years — Phil Pacino, Harold Torman, Mark Cardono
and George Katsoufis were present to receive their certificates.
A motion by Tafova seconded by Arena that the Board of Selectmen approve the
Certificate of Appreciation for Philip Pacino for serving 27 years on the Bylaw
Committee was approved by a vote of 5 -0 -0.
A motion by Tafova seconded by Arena that the Board of Selectmen approve the
Certificate of Appreciation for Dolores Carroll for serving 26 years on the Bylaw
Committee was approved by a vote of 5 -0 -0.
A motion by Tafova seconded by Ensminger that the Board of Selectmen approve the
Certificate of Appreciation for Alan Ulrich for serving 9 years as a Constable was
approved by a vote of 5 -0 -0.
A motion by Tafova seconded by West that the Board of Selectmen approve the
Certificate of Appreciation for Michelle R. Williams for serving 6 years on the
Economic Development Committee was approved by a vote of 5 -0 -0
A motion by Tafova seconded by Ensminger that the Board of Selectmen approve the
Certificate of Appreciation for Harold Torman for serving 9 years on the Finance
Committee was approved by a vote of 5 -0 -0.
A motion by Tafova seconded by Arena that the Board of Selectmen approve the
Certificate of Appreciation for Mark Cardono for serving 15 years on the Historical
Commission was approved by a vote of 5 -0 -0.
A motion by Tafova seconded by West that the Board of Selectmen approve the
Certificate of Appreciation for George Katsoufis for serving 5 years on the North
Suburban Planning Council was approved by a vote of 5 -0 -0
A motion by Tafova seconded by West that the Board of Selectmen approve the
Certificate of Appreciation for Patrice A. Todisco for serving 5 years on the Town
Forest Committee was approved by a vote of 5 -0 -0.
Eagle Scouts — A motion by Tafova seconded by Arena that the Board of Selectmen
approve the Certificate of Recognition for Jacob H. Westerman in achieving the rank
of Eagle Scout was approved by a vote of 5 -0 -0.
�,Lq
Board of Selectmen Minutes — July 9 2013 — page 5
A motion by Tafova seconded by Ensminger that the Board of Selectmen approve the
Certificate of Recognition for Michael R. DeMild in achieving the rank of Eagle Scout
was approved by a vote of 5 -0 -0.
Personnel and Appointments
Audit Committee — Tafova moved and Arena seconded that the Board of Selectmen
place the following name into nomination as the Selectmen's representative on the
Audit Committee with a term expiring June 30, 2016• Marsie West Ms West
received five votes and was appointed.
Climate Advisory Committee — A motion by Tafova seconded by West that the Board
of Selectmen approve the appointment of Michelle Benson to the Climate Advisory
Committee as an Associate member with a term expiring June 30, 2014 was approved
by a vote of 5 -0 -0.
Discussion/Action Items
Town Accountant Quarterly Report — Town Accountant Sharon Angstrom noted that she
has been with the Town for one year. She is conducting training on Munis Dashboard
tomorrow. The fiscal year has ended and there are still three warrants to process in July.
From July to November she will be working on free cash, the audit, and the end of the year
report for the schools. Her baby is due on November 6t' so she will be working Fridays
before hand to speed things up.
RMLD Tree Trimming — RMLD Interim Manager Kevin Sullivan and professional arborist
Guy Shepard were present. Mr. Sullivan noted that they would like to get on a three year
cycle tree trimming cycle so they will need to cut back 5 feet around the conductor in order
to accomplish that. Mr. Sullivan noted that 50% of outages are due to trees. They will use
all forms of media to inform the public of the tree trimming.
John Arena asked if this gives them the ability to remove diseased branches and Mr.
Sullivan noted they can remove branches within 10 feet. Tree Warden Bob Keating noted
that his department asks the professional crews to point out anything that they can take
care of.
Bob LeLacheur and Marsie West thanked Kevin Sullivan for stepping in as interim
General Manager of the Light Department.
Hearing — Tree Removal at 89 Woburn Street — The Secretary read the hearing notice. The
Town Manager noted that Susan Shields called him and mentioned the difficulty she was
having with the tree root in her basement. She is selling her home and the buyer requested
that the tree be removed first. The government has to respect private property and he
doesn't believe this is the Town's responsibility.
Susan Shields, 89 Woburn Street, noted that she does a lot of gardening and she brought in
specimens of the roots. She noted that in 2007 she was out of Town and came back to a
sewer back up. She noted her home is 211 years old and a historical architect explained
b C-� -51"
Board of Selectmen Minutes — July 9 2013 — page 6
how the foundation was built and she was told not to excavate around the foundation. She
used a high power drill and poured bleach on the root. She feels the tree root came from
the tree on the tree lawn. She noted the elm tree is one foot from the sewer line at the
sidewalk.
Tree Warden Bob Keating noted that he never had anyone approach him regarding tree
roots in their basement. He noted that tree roots look for water and air. Private property is
the home owner's problem. Mr. Keating also noted that there are larger trees on the
property closer to her home.
Dan Ensminger asked how many feet it is from the trunk of the elm tree to the roots in the
basement. Mr. Keating indicated at least 75 feet. John Arena asked if there are any trees
closer and Susan Shields noted the other tree is an offshoot of the elm tree.
Ben Tafoya asked Mr. Keating if the elm tree is growing in the basement and Mr. Keating
noted he doesn't believe so, if it was there are ways to correct the problem. If Ms. Shields
had a solid foundation there would be no problems. Mr. Keating noted that there are plants
and vegetation all over that property.
A motion by Tafova seconded by Arena to close the hearing on removal of a tree at 89
Woburn Street was approved by a vote of 5 -0 -0.
A motion by Ensminger seconded by Arena that the Board of Selectmen take no
action on removal of the tree at 89 Woburn Street was approved by a vote of 5 -0 -0
Hearing — Liquor License Violation — Meadow Brook Golf Club — The Secretary read the
hearing notice. Sgt. Segalla noted that on June 20'h the Police conducted alcohol
compliance checks at all establishments. They instructed an 18 year old undercover
operative to attempt to purchase a bottle of beer. He ordered the beer and purchased it at
Meadow Brook from Rita Sarafian.
Bob Morelli and Bob Finigan from Meadow Brook Golf Club were present. Mr. Morelli
noted that all of the servers have been TIP certified and they have been retrained since the
incident. This was a one day member guest event and there were a lot of unfamiliar faces.
He noted that Ms. Sarafian is extremely remorseful.
Daniel Ensminger asked what steps they will take to make sure it doesn't happen again and
Mr. Morelli noted that they will card anyone who looks 30 or under.
John Arena asked how many compliance checks they have passed and Sgt. Segalla noted at
least six or seven.
Ben Tafoya noted that past practice is a two day suspension. John Arena noted that the
Selectmen's Policy list the first offense as a warning to three day suspension. He asked if
a warning has ever been issued and it was noted that a warning has never been issued.
(o r, Co
Board of Selectmen Minutes — July 9 2013 — page 7
A motion by Tafova seconded by Ensminger that the Board of Selectmen close the
hearing on the possible modification, suspension or revocation of the Club License to
Expose, Keep for Sale and to Sell All Kinds of Alcoholic Beverages to be Drunk on
the Premises for Meadow Brook Golf Corp. of Reading Mass d/b /a Meadow Brook
Golf Club, 292 Grove Street, for violating GL Chapter 138, Section 34 for the sale or
delivery of alcoholic beverages to a person under 21 years of age was approved by a
vote of 5 -0 -0.
A motion by Tafova seconded by Arena that the Board of Selectmen find Meadow
Brook Golf Corp. of Reading Mass d/b /a Meadow Brook Golf Club, 292 Grove
Street, in violation of MGL Chapter 138, Section 34 for the sale or delivery of
alcoholic beverages to a person under 21 years of age on June 20, 2013 was approved
by a vote of 5 -0 -0.
A motion by Tafova seconded by West that Meadow Brook Golf Corp of Reading
Mass d/b /a Meadow Brook Golf Club, 292 Grove Street, be penalized with a two day
suspension for violation of MGL Chapter 138, Section 34 for the sale or delivery of
alcoholic beverages to a person under 21 years of age on June 20, 2013 was approved
by a vote of 5 -0 -0.
A motion by Tafova seconded by Ensminger that the two day suspension for Meadow
Brook Golf Corp. of Reading Mass d/b /a Meadow Brook Golf Club, 292 Grove Street
take place on July 17 and 18, 2013; that the license be surrendered to the office of the
Town Manager not later than 9 AM the first day of the suspension, to be returned to
the licensee by 9 AM the day following the suspension; and that a placard be placed
on the premises during the period of suspension indicating the business is "unable to
sell liquor due to a suspension of the liquor license for sale of liquor to an underage
person ". and that Meadow Brook Golf Corp. of Reading Mass reimburse the Town of
Reading for Constable and advertising fees and this decision, including the
designation of the dates of suspension, was rendered on the basis of Dario Morelli's
waiver of appeal. The motion was approved by a vote of 5 -0 -0
Review Customer Service Survey Results — The Town Manager noted that the Town is
consistently receiving high ratings, but the number of responses has dropped off. He
suggests revisiting what we are asking and how we are asking. Negative responses are
unusual and staff usually remembers the situation.
John Arena noted that there is no need to process the comments on transaction based
comments.
Ben Tafoya suggested that once a year the survey is mailed to everyone who pulled
building permit or another busy department. He also suggested entering phone calls.
Marsie West suggested sending the link to the survey and asking for their response.
�O C
Board of Selectmen Minutes — July 9 2013 — page 8
Award bids for Purchase of 2 Audubon Road — The Town Manager noted that the high bid
was $311,000 and the closing will probably be on July 26h.
A motion by Tafova seconded by Ensminger that the Board of Selectmen award the
bid for the sale of the property at 2 Audubon Road to James Lordan d/b /a Sage
Development Corp., for a sum of $311,000 and subiect to all of the conditions of sale
as detailed in the RFP; and authorize the Town Manager to sign all additional
documents on the Town's behalf was approved by a vote of 5 -0 -0
Finalize Goals — The Town Manager noted that the goals are slightly revised. He made the
Veterans Agent a separate goal which increases the goals from 30 to 31. He is leaning
towards goals that can be accomplished.
Marsie West asked if the progress report is something new and the Town Manager
indicated he will set up a shared folder so departments can edit their progress.
John Arena and Marsie West both requested a meeting to discuss operation costs for the
Woburn Street project. James Bonazoli noted that we can have the discussion but it's the
School Department's budget. Marsie West noted that the Board needs to talk about a large
jump in the budget so we can do an override otherwise the municipal end of the budget
will be cut.
Approval of Minutes
A motion by Tafova seconded by Ensminger to approve the minutes of May 21, 2013
was approved by a vote of 4 -0 -1 with Arena abstaining.
A motion by Tafova seconded by Ensminger to approve the minutes of June 4, 2013
was approved by a vote of 4 -0 -1 with Arena abstaining.
A motion by Ensminger seconded by West to adiourn the meeting at 9.35 p.m. was
approved by a vote of 5 -0 -0.
Respectfully submitted,
Secretary
�L�
Z-/ C 6"5
Schena, Paula
From: LeLacheur, Bob
Sent: Monday, July 08, 2013 4:17 PM
To: Schena, Paula
Subject: FW: Prices for New Subscribers to Premium ROS Channels
For BOS
From: Frere, Mary Louise [ mailto :mary.I.frere(�i)verizon.com]
Sent: Monday, July 08, 2013 4:17 PM
Subject: Prices for New Subscribers to Premium ROS Channels
Dear Municipal Official,
This is to inform you that due to the rising cost of providing quality premium programming, on or after August 1, 2013, the rates for
several FiOS TV premium channels and packages will increase as identified in the below chart. These increases will only apply to
new subscriptions to Premium Channels.
Fully Loaded
Entertainment Pack
$
41.99
$
48.99
$
7.00
HBO & Cinemax
$
26.99
$
29.99
$
3.00
SHOWTIME STARS
Entertainment Pack
$
18.99
$
19.99
$
1.00
HBO
$
18.99
$
19.99
$
1.00
SHOWTIME
$
13.99
$
15.99
$
2.00
STARZ ENCORE
$
13.99
$
15.99
$
2.00
Cinemax
$
13.99
$
15.99
$
2.00
EPIX
$
11.99
$
15.99
$
4.00
SHOWTIME STARS
Entertainment Pack
$
26.99
$
28.99
$
2.00
with EPIX
We realize that our customers have other alternatives for entertainment and our goal is to offer the best choice and value in the
industry. Verizon appreciates the opportunity to conduct business in your community. Should you or your staff have any questions,
please contact me.
Thankyou
Mary L. Frere
Senior Consultant — ROS Video
R'�A- \
L-% L 6 DS
July 1, 2013
Dear Selectmen,
I'm writing in regards of the use of the Town Forest for "off- leash" dog walking. We are
relatively new dog owners - we've had our dog for just a year. I would say one of the biggest
highlights of having a dog has been taking him to the TF. Since we started going at the first of
September I have probably only missed 5 days in the forest. We're in there everyday whether rain,
snow, freezing temperatures or swelteringly hot weather! From what I can tell at least 90% if not
even closer to 99% of people in the TF are dog walkers!
Before we had a dog I had been in the TF exactly twice. The first time was with a friend who had a
dog. The second time I brought my family. Nobody had any interest in going back until we got our
dog. Now it's become such a magical place for them. It's the one place they can really run free with
the dog and in the process they've come to love the TF as I have.
Sometimes I feel like this issue has been boiled down to dogs vs. people, but behind every dog
there is a person who's going to the forest to enjoy the beauty and just a lovely time of walking
unhindered with their dog. I see families, senior citizens, joggers, individuals and groups that meet
specifically, all there to walk their dogs. Of the few times I have seen people without dogs there has
never once been an issue. Most people seem to want to interact with the dogs even if they don't
have one.
Sadly, if the TF required the dogs to be leashed I just wouldn't go there much. I go to the forest
BECAUSE I can let my dog go free. I know there are a few who go in without dogs, but from what
I've experienced this year it's the dog walkers that care for the forest everyday of the year. I've seen
dog walkers in there clearing the paths, picking up trash, finding lost things (one dog walker found
my lost iphone and returned it to me) and looking after the wild life.
I hope this gives you an idea of what a vital part of my life the TF has come to mean for me and my
family - and my dog too!
Best Regards,
Susan McFarland
457 Franklin St.
Reading, MA 01867
(781) 315 -7209
a,
L-' G 6 DS
Schena, Paula
From: LeLacheur, Bob
Sent: Wednesday, July 10, 2013 10:39 AM
To: Schena, Paula; Zager, Jeff
Subject: FW: Dogs and the town forest
Paula - for next BOS packet.
Jeff - please gather these and send to the TFC.
Robert W. LeLacheur, Jr. CFA
Town Manager
Town of Reading
16 Lowell Street
Reading, MA 01867
townmanaeer @ci.reading.ma.us
(P) 781 - 942 -9043
(F) 781 - 942 -9037
www.readingma.gov
Please fill out our brief customer service survey at: http://readingma-
survey.virtualtownhall. net /survey /sid /8cebfd833a88cd3d/
Town Hall Hours:
Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m.
Tuesday: 7:30 a.m. - 7:00 p.m.
Friday: CLOSED
- - - -- Original Message---- -
From: Richard Salz mailto
Sent: Wednesday, July 03, 2013 2:34 PM
To: Reading - Selectmen
Subject: Dogs and the town forest
As a responsible pet owner and father of an active scout, the Town Forest is an important part of Reading's appeal to
me.
I have often taken my dog on weekends to the forest and, once we get past the compost area, he is off - leash. By far, the
most of the people I have seen are fellow dog owners. Almost exclusively so.
I understand that some people do not like dogs, or are scared by them; some, unfortunately, have had bad experiences
with dogs in the Forest.
This last group is particularly troublesome as it gives most owners a bad name.
Before taking any action that would limit the only open space to which we and our pets have access, I encourage you to
do the following:
1. Channel all Forest - related communications through the established TF Committee. It is important to have standard
communication channels so that all voices are equally heard and considered.
q(i
2. Do not take action without having measurements. Anecdotes can be powerful, particularly "your dog scared my
baby" But it is important to have a true representation of the frequency of these situations. To mangle a common
phrase, don't thow the puppy out with the bath water.
Thank you for your consideration.
Rich Salz
5 California Road
Reading
rich.salz @email.com
� �v
4 C e, D-S
Schena, Paula
From: LeLacheur, Bob
Sent: Wednesday, July 10, 2013 10:39 AM
To: Schena, Paula; Zager, Jeff
Subject: FW: Town Forest Vote
Paula - for next BOS packet.
Jeff - please gather these and send to the TFC.
Robert W. LeLacheur, Jr. CFA
Town Manager
Town of Reading
16 Lowell Street
Reading, MA 01867
townmanaeer @ci.readins.ma.us
(P) 781 - 942 -9043
(F) 781 - 942 -9037
www.readinema.gov
Please fill out our brief customer service survey at: http://readinema-
survey.virtualtownhall. net /survey /sid /8cebfd833a88cd3d/
Town Hall Hours:
Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m.
Tuesday: 7:30 a.m. - 7:00 p.m.
Friday: CLOSED
- - - -- Original Message---- -
From: Lisa Treacy mailtr :oml
Sent: Thursday, July 04, 2013 5:28 PM
To: Reading - Selectmen
Cc: townforest.perserveC&gmail.com
Subject: Town Forest Vote
Dear Sir,
As a taxpayer and resident of Reading for 25 years, I have just heard about a movement to prohibit dog walking in the
Town Forest.. For most of my years in Reading, I have been walking, running, and cross country skiing in the Town Forest
with my children (now adults) and dogs. It is a beautiful place to explore and enjoy with the many other dog owners and
families (with or without dogs). I have been going to the forest at least 1 -2 times per week and sometimes more. It is
very rare and almost unheard of to have an unpleasant encounter with other dogs or hikers. Most of the families that I
see have dogs off leash with them, or are excited to visit with my dog. I have always felt safe in the forest with other
dogs off leash and safe because I am with my dog off leash. I am not sure why we would want to change the off leash
policy, and I would like to know where this important policy change is coming from. The Town Forest is a amazing
resource for the residents, and one that I hope to enjoy with my dog 'off leash" for many years. Thank you and please
keep me informed.
Sincerely,
Lisa Treacy
`'9 C -6 os
Schena, Paula
From: LeLacheur, Bob
Sent: Wednesday, July 10, 2013 10:39 AM
To: Schena, Paula; Zager, Jeff
Subject: FW: Reading Town Forest
Paula - for next BOS packet.
Jeff - please gather these and send to the TFC.
Robert W. LeLacheur, Jr. CFA
Town Manager
Town of Reading
16 Lowell Street
Reading, MA 01867
townmanager ci.reading.ma.us
(P) 781 - 942 -9043
(F) 781 - 942 -9037
www.readinama.aov
Please fill out our brief customer service survey at
http:// readinsma- survey.virtuaItownhaI1. net /survey /sid /8cebfd833a88cd3d/
Town Hall Hours:
Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m.
Tuesday: 7:30 a.m. - 7:00 p.m.
Friday: CLOSED
From: Chris Ritondo rmail to,
Sent: Wednesday, July 10, 2013 8:38 AM
To: Reading - Selectmen
Cc: Alyson Ritondo;
Subject: Reading Town Forest
Good morning Selectmen,
I am writing to you in regards to a flyer that I was given by a member of the Reading Dog Walkers Group
recently. The flyer makes numerous suggestions regarding what I should be writing to you about since I own a
dog and do utilize the Town Forest daily in order to give the needed exercise and care to keep her happy and
healthy.
I don't profess to know much about this group. I also am not aware of any specific actions being considered for
the Town Forest (or otherwise). For those reasons, I am simply writing you this morning with two observations
for your consideration should this, in fact, be a topic of discussion or for the Town in the future.
Dog Walking
qel
The reality of our Town Forest is this: nobody effectively uses the Town Forest except for people who own
dogs. I would encourage you to not take my word for this but to head over to the field at the TF for yourselves
numerous times for some due diligence. What you will observe is that, for every 20 people you see enter with
dogs, you might see one person without a dog. That is a generous ratio because more realistically it is 30 or 40
to 1. This holds true any day of the week, any time of the day and any season of the year. So, essentially, my
point would be that before making changes or restrictions to how people are utilizing dogs in the forest... please
consider that they are the only ones effectively using it currently.
Use of the Forest
Once you have the chance to observe the above fact for yourselves, we must ask "why is this the case ?" Perhaps
there are a very small handful of people that will come to you and say "I can't use the TF because there are
vicious dogs running unleashed and unattended in the forest" but that is simply untrue.
In addition to being a dog owner, I also have a wife and three children and we love to be outdoors. But when it
comes time for us to go for a family hike, unfortunately we head to numerous places other than our own Town
Forest. Places like Breakheart, Harold Parker and Blue Hills offer ammenities that we simply just don't have at
this point in time. Consider things like proper trail maintenance, trail marking, water, bathroom facilities,
picinic tables, etc. There is nothing to draw people to our Town Forest and that is the reason that the current
utilization is 95 +% dog walking.
Please consider addressing how to get non -dog walkers engaged in utilizing the Town Forest before you ever
consider placing restrictions on the only people that do use it. As both a dog walker and father of a family of
five, I would be much more open to time restrictions for having my dog off leash if I knew people were actually
there using one of the most beautiful resources in our town.
I appreciate your time in reading this and your consideration. Should you have any questions of me, please don't
hesitate to let me know.
Regards,
Chris Ritondo
781- 779 -1126
q�Z
L4 C- e "s
Schena, Paula
From: LeLacheur, Bob
Sent: Wednesday, July 10, 2013 10:38 AM
To: Schena, Paula; Zager, Jeff
Subject: FW: Town Forest Rules
Paula - for next BOS packet.
Jeff - please gather these and send to the TFC.
Robert W. LeLacheur, Jr. CFA
Town Manager
Town of Reading
16 Lowell Street
Reading, MA 01867
townmanager @ci.readina. ma. us
(P) 781 - 942 -9043
(F) 781 - 942 -9037
www.readingma.gov
Please fill out our brief customer service survey at
http:// readinsma- survey.virtualtownhall. net /survey /sid /8cebfd833a88cd3d/
Town Hall Hours:
Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m.
Tuesday: 7:30 a.m. - 7:00 p.m.
Friday: CLOSED
From: Tony & Bert G. [mailto:,
Sent: Wednesday, July 10, 2013 10:33 AM
To: Reading - Selectmen
Subject: Town Forest Rules
We are Tony and Roberta Guarciariello from 84 Willow St.; residents of Reading since 1976.
The reason for our correspondence today is to file our displeasure with proposed rules changes
for the Town Forest, and perhaps all conservation areas in Reading, regarding dog walking.
These proposed changes would allow dog walkers on selected trails or at selected times only
and /or prevent dog walkers from unleashing their dogs in all public parks and conservation areas
altogether.
We have been walking our dog in the town forest and other conservation areas nearly every day
for 12 years. We seldom see anyone without a dog.
Now we have been to a meeting where the boy scouts have complained that some dogs have run
in to their campsites searching for food scraps but I think that can be remedied by having them
post a sign by the entrance gate at Strout Ave. the couple of times a year that they hold
eI o((
overnigths and the dog walkers will be sure to leash their dogs when they get close to the Boy
Scout "Ring ".
We have also heard that one or two residents of Reading have complained that they have been
scared off walking in the forest by the unleashed dogs. Most dog walkers, that I have seen will
leash their dogs when approaching walkers or bikers without dogs.
Frankly, we believe that all of these complaints can be handled by simply posting some rules at
the entrance to the forest as most towns do in parks and conservation areas where dogs are
allowed. Most towns also provide trash bins for dog waste, as well.
C , F2
Z./ 6 0 os
Schena, Paula
From: LeLacheur, Bob
Sent: Friday, July 12, 2013 3:08 PM
To: Schena, Paula
Subject: FW: Demolition Delay Bylaw Question
For next BOS packet
From: Gary S. Brackett, Esquire rmail
Sent: Friday, July 12, 2013 2:50 PM
To: LeLacheur, Bob
Subject: Demolition Delay Bylaw Question
You have requested that I respond to a question Selectman Dan Ensminger has presented regarding whether the types of conditions
and/or mitigation cited in the demolition delay bylaw must be attendant to the demolition itself.
One of the four conditions in Section 7.2.6.3 that may allow the Commission to lift a delay which has been imposed is:
"The Owner has agreed in writing to accept a demolition permit
on specified conditions, including mitigation measures approved
by the Commission. Such mitigation could include a demolition
of only a portion of the structure."
We would recommend that the Commission only attach conditions that relate to the core values of the bylaw or to matters of public
safety and health. A recent U.S. Supreme Court decision in the Koontz case has reinforced the standard that conditions cannot be
attached to a land -use permit unless there is a "nexus" and "rough proportionality" between the government's demand and the effects
of the proposed land -use.
Please advise if we may be of further assistance to you and the Selectmen in this matter.
Regards,
Gary
Gary S. Brackett, Esquire
Brackett & Lucas
19 Cedar Street
Worcester, MA 01609
(t) 508- 799 -9739
(f) 508- 799 -9799
This message is intended only for designated recipient(s). It may contain confidential or proprietary information
and may be subject to the attorney- client privilege or other confidentiality protections. If you are not a
designated recipient, you may not review, copy or distribute this message. If you receive this in error, please
notify the sender by reply email and delete this email. Thank you.
9 &l
TO: Gary S. Brackett, Esq.
FROM: Steven C. Fletcher, Esq.
SUBJECT: Town of Reading Demolition Delay Bylaw
DATE: July 10, 2013
We have received an inquiry from the Town asking "if conditions that are cited on the
demolition delay bylaw may only be items that are attendant to the demolition itself, ie what is
the purview on mitigation "?
The "demolition delay bylaw" is General Bylaw 7.2, entitled "Historic Demolition
Delay ". It establishes a procedure by which owners of buildings placed on a List of Historic
Structures through a process described in the Bylaw are subject to a 6 -month delay if they wish
to engage in "[a]ny act of pulling down, destroying, removing or razing a structure or
commencing the work of total destruction, with the intent of completing the same ...." Bylaw §
7.2.2.2. It is only demolition as so defined that triggers application of the Bylaw; remodeling
and additions to historical structures are not covered. The list is compiled and maintained by the
Reading Historical Commission.
An owner whose building is on the List and who wants to demolish the building must
submit a completed Demolition Permit Application to the Building Inspector. Bylaw § 7.2.4. A
public hearing is held by the Historical Commission on the Application. Bylaw § 7.2.5. After
close of the public hearing, "a motion shall be made to determine if the loss of the structure
would be detrimental to the Town when considering the purpose of' the Bylaw. Bylaw § 7.2.6.
If 4 or more members of the Commission vote in the affirmative, then the structure is declared to
be protected by the Bylaw and a demolition delay of months from the date of the vote is
imposed. Id. If less than 4 members of the Commiss on vote in the affirmative, then the
structure is declared not to be protected by the Bylaw an the Building Inspector may issue a
permit to demolish the structure. If the Commission does not notify the Building Inspector
within 7 days after close of the hearing, the Building Inspector "may act on the Application "with
no further restrictions" of the Bylaw. Id.
Note that this approval process makes no mention of a third option: issuance of a permit
with conditions. It is, in essence, yea or nay. But see the discussion on the next page concerning
an owner's appeal rights.
If the Commission votes to impose the 6 -month delay, the Bylaw contemplates, even
encourages, the parties to attempt to come to a mutually agreeable resolution during the delay
period short of demolition of the structure. The Commission "shall offer to the Owner
information about options other than demolition ". Bylaw § 7.2.6.1. The Owner "shall be
responsible for participating in the investigation of options to demolition ". Bylaw § 7.2.6.2.
If a mutually agreeable resolution is reached during the 6 -month delay period, the
Commission may notify the Building Inspector in writing "to the effect that the Commission is
satisfied" that one of four enumerated conditions has been met, in which event the Building
Inspector may then issue a Demolition Permit. Bylaw § 7.2.6.3. One of the four conditions that
may prompt the Commission to lift the delay is:
1
"The Owner has agreed in writing to accept a demolition permit on specified conditions,
including mitigation measures approved by the Commission. Such mitigation could
include a demolition of only a portion of the structure."
Id. The owner of a structure subject to a 6 -month demolition delay may appeal the delay to the
Board of Selectmen, who must hold a hearing prior to rendering a decision. Bylaw § 7.2.6.4.
Curiously, the Bylaw provides that the owner may also appeal from "conditions of the
imposition of the delay" to the Board of Selectmen. Bylaw § 7.2.6.4. As noted above, the
Bylaw does not expressly give the Historical Commission the option of approving, with
conditions, a Demolition Permit Application. This right of appeal, however, suggests that the
Commission in fact implicitly possesses such authority when passing upon the Application. The
conditions that may be attached after imposition of the delay are only those reached by
agreement, and so owners would presumably not be appealing conditions they agreed to.
It is conceivable that an owner might make the argument that the Commission extorted
unreasonable conditions in exchange for lifting the delay, and that in fact the Commission game
plan all along was to impose the delay as bargaining leverage in order to exact concessions from
the owner. In such case, the owner could maintain on appeal to the Board of Selectmen (and
beyond) that its agreement to accept the conditions was illusory. Negating this potential
construction of the Bylaw is the fact that the right of appeal is from "conditions of the imposition
of the delay ", not from conditions imposed or agreed upon after imposition of the delay.
Regardless of when conditions are imposed, at the time of the Commission vote or during
the 6 -month delay period, the Supreme Court has recently made it even clearer that a
governmental unit may not attach conditions to the approval of a land -use permit unless there is a
"nexus" and "rough proportionality" between the government's demand and the effects of the
proposed land use. See Koontz v. St. Johns River Water Management District, U.S. _
(June 25, 2013). The Court in recent years has been increasingly sympathetic to the claims of
landowners that regulation of use of their land is unreasonable and unconstitutional, and absence
a change in Court composition, that trajectory can be expected to continue.
Thus the Commission would be wise to attach only conditions that relate to the core
values of the Bylaw or to matters of public safety and health. The mitigation measure expressly
permitted in Bylaw § 7.2.6.3 (demolition of only a portion of the structure) is a good example of
a condition that may be reasonably related to the purpose of the Bylaw so long as the
Commission, or the Board of Selectmen on appeal, have taken into account the factors the Bylaw
requires them to consider, including financial hardship on the owner, uniqueness of the structure,
etc. Another example of a reasonable condition would be safety measures to be followed during
the demolition. An example of a condition that would likely run afoul of the "reasonably
related" standard would be a requirement that the owner contribute a sum of money to the
Commission.
Hopefully, this satisfactorily responds to the Town's inquiry. I will be glad to address
any specific mitigation measure that may be proposed.
2 q�3
Robert K Ahern, Member,
2013 JUL -9 AM 9. 31 RKACO LLC
1501 Main St, Unit # 47
Tewksbury, Ma. 01876
4-f C 6 o s
978 - 851 -3048 (office)
978 - 858 -3851 (fax)
To: Mr. Robert LeLacheur, Town Mgr., Reading, Ma
From: Robert K. Ahern, Member 7/3/13
RKACO LLC
Re: 1194, 1198, and 1204 Main St, Reading.
Dear Mr. LeLacheur,
My name is Rob Ahern. I am a local homebuilder, and I have constructed new
homes in various towns north of Boston, over the past few decades. We have recently
built and sold the above three properties during this past year. We had to do quite a bit of
blasting there due to some extensive ledge conditions. We had swamp and wetlands
surrounding the backside of all three (3) of these properties. Thusly, we worked under an
Order of Conditions promulgated by the Reading Conservation Commission, and the
State of Ma. DER
Mr. Chuck Tirone is, of course, your Conservation director. We met with him
prior to the start of any work, as is required under the Order of Conditions. Mr. Tirone
was kind and patient enough to take the time to go over all of the sections of the Order,
and to point out various points of emphasis, such that we fully understood what was
expected of us by the Reading Com Comm. This got us off to a good start on the project.
During the year - long construction period, we noticed that Mr. Tirone would come by our
site, from time to time, and go out of his way to make sure that everything was up to
snuff. Then, during the conclusion of our work there, we needed our final inspections,
etc. so as to be able to gain a Certificate of Compliance. We requested that Mr. Tirone
meet with us, on site, to thoroughly inspect our required now lawn growth, and our
haybale line, etc. such that he could do his report to the Commission. Mr. Tirone came
out in a timely fashion, gave us his input as to some extra touch -ups, and helped us
recognize the final TLC we would need to complete in order to satisfy the Commission.
We found that Mr. Tirone seemed to give us that little extra help and advice that was
needed to finish up everything in the right way, and we feel that we have completed our
work there to the Reading Con Comm's satisfaction.
We thank Mr. Tirone for his guidance, as this was our first experience, in
Reading, in dealing with a wetlands area. We feel very good about our experience in
building in Reading, and wish to give special thanks to Mr.Tirone for all of his help.
Sincerly, �Ahem, Robert K. Member,
RKACO LLC
qti
TOWN OF WAREHAM
54 Marion Road
Wareham, Massachusetts, MA02571
BOARD OF SELECTMEN
Peter W. Teitelbaum, Chairman
Alan H. Slavin, Clerk
Stephen M. Holmes
Patrick G. Tropeano
Judith Whlteslde
Dear Chairman Bonazoli:
LA 505
1 am writing to ask that you join the Town of Wareham Board of Selectmen in supporting
House Bill 1115, an Act relative to the definition of low and moderate income housing. This bill is
sponsored by .Representative Susan Williams Gifford, and seeks to amend Massachusetts General
Lanus Chapter 40B, § 20 by adding the following sentence:
Low and moderate income housing shall also include mobile homes and grotrp homes,
manufactured homes, in -law apartments and any f rst -time home buyers participating in
any state or federal assistance program,
The bill's legislative webpage may be found at the following link where you can view its current
status in committee: hops:// malep-islature .goyBifls/188/House/H1115
Our town, and others similarly situated across the Commonwealth, currently possesses
hundreds of housing units in the form of mobile homes and other types of very affordable property
that presently do not count towards the ten percent affordable housing quota required by Chapter
408, Accordingly, we remain subject to the provisions of Chapter 40B that allow developers of
affordable housing to avoid much of our local zoning controls.
Such development has often proven burdensome to abutters, added traffic flow on Town
roads, and has increased strain upon police, fire and emergency medical services. At the same time,
the minimal requirement that an affordable housing project pursuant to Chapter 40B contain only
twenty percent affordable housing creates a situation where municipalities such as ours end up
chasing their tails, by adding non - affordable housing to our overall housing stock at four times the
rate of affordable units.
The proposed amendment will have negligible effect upon urban communities where
affordable housing remains desperately needed, as cities typically do not have large mobile home
parks; nor will the proposed amendment stigmatize or economically harm the property values of the
proposed subject properties to be included in the definition of affordable housing, Rather, the
proposed amendment seeks merely to appropriately classify what is indeed already very affordable
housing as such, under the law.
W
The Wareham Board of Selectmen voted unanimously to authorize me to submit
correspondence to you on this issue, as we realize that it will take the effort and support of many to
bring the bill into law. Accordingly, we ask that you join us in reaching out to our legislators,
particularly those serving on the Joint Committee on Housing, to urge their positive action on H.
111 S. To discuss this issue with me, please contact me at the above address and phone number, or
my town email at pteitelbaum@wareham.ma.us I look forward to hearing from you.
Very truly yours,
Peter W. Teitelbaum, Esq.
Chairman, Wareham Board of Selectmen
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Lori Renn Parker * 42 Winthrop Avenue * Reading, AM 01867 -2058
2013 JUL 17 AI4 I� 34
15 July 2013
Mr. Robert W. LeLacheur, Jr.
Town Manager
Town Hall
16 Lowell Street
Reading, MA 01867
Dear Mr. LeLacheur:
I am writing regarding the recent road milling, reclaiming, and paving of Winthrop
Avenue and adjoining neighborhood near the high school.
Bravo, and thank you for a job well done! We really appreciated the initial letter with
advice and contact information. Furthermore, members of the staff in the engineering
department who answered the phone when we did find a need to contact them were so
professional, courteous, friendly, and informative every time I called, which was at least
three times. I believe the person I spoke most often with was Ryan, though I may have
also conversed with Christopher and Peter as well.
Once we witnessed the actual paving process we were astounded at what a well -timed
intricate operation it was, with so many steps, equipment, and specialists involved. As
we are all aware, the unpredictable June weather threw everyone more than a few curve
balls.
We have lived in our house over twenty years. Suddenly, with the fresh, smooth road
surface and lack of potholes, patches, and ragged edges, it feels almost like living in a
new subdivision!
I have also written to Mr. Zager to let him know how pleased we are both with the paving
results and with the quality of our interactions with the Town of Reading's engineering
department.
Sincerely,
`�S�
Lori Renn Parker
cc: Mr. George J. Zambouras, P.E., Town Engineer
IN
Schena, Paula
From: LeLacheur, Bob
Sent: Thursday, July 18, 2013 8:03 AM
To: Schena, Paula
Subject: FW: Ash St Carpenter Ants issue
For next BOS packet (& thanks!):
- - - -- Original Message---- -
From: KATHLEEN KENNEY g2,ga
Sent: Wednesday, July 17, 2013 2:26 PM
To: Schena, Paula
Cc: Keating, Bob
Subject: Ash St Carpenter Ants issue
Paula, Hello!
I had barely received your very quick response when Mike from DPW visited my property to look at the two trees in
question. While I did see many ants this morning around both trees there were none when Mike visited, he did not see
any visible evidence. but he did identify low lying branches that may be part of the problem and will go on a list by the
Town to be cut. He also encouraged me to contact DPW office directly in the future if I needed assistance.
I want to commend the quick response I received from both you and Mike as well as Mike's approach and
recommendations to my situation. This is the first time I met Mike and clearly he is an asset to the department and The
Town of Reading. It is all too quick that complaints are sent so I wanted to take the time to thank both Mike and you.
I am very pleased and hopefully this will be a good start to my resolution.
Thank you again!
Best,
Kathleen P Kenney
307 Ash St
On Jul 17, 2013, at 12:29 PM, Schena, Paula wrote:
> Kathleen,
> I am sending this email along to our Tree Warden Bob Keating.
• Paula Schena
• Office Manager
• Town of Reading
• 16 Lowell Street
• Reading, MA 01867
> Phone: 781 - 942 -6643
> Fax: 781 - 942 -9071
> PschenaCQ?ci.readine.ma.us
> www.readingma.gov
> Town Hall Hours:
> Monday, Wednesday and Thursday - 7:30 a.m. - 5:30 p.m. q )i I
1 !'�
> 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://readinema-
survey.virtualtownhall. net /survey /sid /8cebfd833a88cd3d/
> - - - -- Original Message---- -
> From: KATHLEEN KENNEY [mailtc
> Sent: Wednesday, July 17, 2013 12:12 PM
> To: Schena, Paula
> Subject: Carpenter Ants
> Paula, Hello!
> I am not sure who I should direct my request for help to but based on the website info, I am hoping if it is not you, you
would be so kind as redirect my email to the correct department /person.
> I am owner and resident of 307 Ash St. My home is having a major issue with carpenter ants. doing all the typical
things a home owner would do, nothing has helped until I contacted a pest control expert to visit. He obviously knew
much more than I did and knew where to look. He indicted his major findings to be the two town trees located in front
of my home. His findings are that these two trees are the cause of the major problems with carpenter ants I am having.
They are clearly obvious around the trees.
> Please advise how the town can assist with this problem. asap. Please advise.
> Thanks so much!
> Kathleen P Kenney
> 307 Ash St
> Reading,
> email: kennevk @me.com
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Li! � Qvs
Schena, Paula
From: LeLacheur, Bob
Sent: Sunday, July 21, 2013 1:14 PM
To: Schena, Paula
Subject: FW: Reading's water costs
for next BOS packet
From: LeLacheur, Bob
Sent: Sunday, July 21, 2013 1:13 PM
To: Gina DiRocco; Zager, Jeff
Cc: ibonazoliaci.reading.ma.us
Subject: RE: Reading's water costs
Hi Gina and Carl,
Thanks for the inquiry and your interest. Unfortunately the Globe chose to simplify the water issue, leading to confusion
and some vy r misleading conclusions.
As an illustration, think about a gas guzzling big, old automobile that uses cheaper regular gas, and compare it to a fuel -
efficient vehicle that must use more expensive high -test gas. The important fact to the consumer is how much money
they spend on gas in total, not the average price per gallon, right? The Globe article pretends the fuel - efficient vehicle
uses the same amount of fuel as the gas - guzzler, and therefor if you own one you must spend more money on buying
gas.
If you look at the first and seventh page of today's Globe North section, you will see their simplifying assumption that
every household across the state uses 90,000 gallons /year. I spoke to author Matt Carroll several times for this story, but
do not know exactly all the math he used in the article. Let's say the average household has 2.5 people - which is about
right for Reading. Thus 90,000 gallons per household per year works out to 36,000 gallons /person /year - or about 99
gallons /person /day.
Look at the table on page 7 and you'll see Reading's usage is VERY low. Our neighbors include Woburn (87), Lynnfield
(81 & 68), North Reading (75), Stoneham (64) and Wakefield (61); at 47 gallons /day /person in Reading we are
MUCH lower than that 99 gallon average that the Globe assumes. I discussed this with Matt, but he chose to simplify the
story - the column "typical homeowners cost" in that table on page 7 simply has no basis in fact. The typical homeowner
in Reading sees a water bill less than half of what the Globe reports!
As the article states, we are paying the MWRA about 20% of every water bill for the privilege of joining their system, and
will continue to do that for several more years. In addition, we pay about 25% of each water bill to purchase water from
the MWRA. The rest of the water bill is to pay for system repairs and personnel.
In Reading we do spend a lot of money keeping our water /sewer infrastructure in good shape, and have 25 year forward -
looking capital plans that propose to keep doing that. This significantly reduces system water leakage, which along with
residential conservation efforts help us use less water than most communities. Thus our water rates are high (we buy the
expensive gas) - but our actual water bills are not (we get good mileage).
I have copied Board of Selectmen Chair James Bonazoli so he is aware of your concerns. I look forward to any follow up
questions you might have.
Thanks,
Bob
Robert W. LeLacheur, Jr. CFA
Town Manager
Town of Reading
qL(
16 Lowell Street
Reading, MA 01867
townmanager @ci. reading. ma. us
(P) 781 - 942 -9043
(F) 781 - 942 -9037
www.readingma.gov
Please fill out our brief customer service survey at
http:// readinema- survey.virtualtownhall. net /survey /sid /8cebfd833a88cd3d/
Town Hall Hours:
Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m.
Tuesday: 7:30 a.m. - 7:00 p.m.
Friday: CLOSED
From: Gina DiRocc
Sent: Sunday, July 21, 2013 11:59 AM
To: Zager, Jeff; LeLacheur, Bob
Subject: Reading's water costs
Good Morning Mr. Zager and Mr. LeLacheur,
We wanted to express our dismay that Reading has the 2nd highest water bill of all towns covered in the
Boston Globe article from 7/21. 1 always knew that getting a water bill meant that we had to tighten up on
other expenses for a few weeks, but we just dealt with it. Now we see surrounding towns paying less than half
of what we pay and are annoyed and angered. This situation naturally begs the question as to why this is so,
and what is our leadership doing wrong.
Are there any plans to bring our water expense more in line that of surrounding towns?
Sincerely,
Gina and Carl DiRocco
33 Knollwood Road