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HomeMy WebLinkAbout2013-09-10 Board of Selectmen HandoutDRAFT MOTIONS BOARD OF SELECTMEN MEETING SEPTEMBER 10, 2013 Bonazoli, Arei, Tafova, Ensminger, West LeLacheur lc.) Move that the Board of Selectmen gMrove/deny an amplified sound permit for SNL Flag Football/Jim Murphy & Carl McFadden for the dates September 14, 21, 28, October 5, 12, 26, November 2, 9 and the time from 6:OOpm until 8:30pm at the RMHS Fields, subject to Rule 4 of Section 4.14.3 of the Board of Selectmen Policies and Procedures regarding use of amplified sound. 3a) Move that the Board of Selectmen place the following name(s) into nomination for one term on the ad hoc Zoning Bylaw Advisory Committee with a term expiring July 15, 2014: 4b) Move that the Board of Selectmen recommend to the Reading Housing Authority with input from the CPDC that a payment in lieu of affordable units of $ be accepted for the proposed Artis Senior Living development at 1090 Main Street, consistent with the Zoning Bylaw requirement under the Nursing Home Section 4.3.1.4(k) as part of the Zoning Board of Appeals Special Permit application. 5a) Move that the Board of Selectmen approve the minutes of August 20, 2013 as amended. 5b) Move that the Board of Selectmen approve the minutes of August 21, 2013 as amended. Move that the Board of Selectmen adjourn the meeting at p.m. Town Manager's Report Friday, September 06, 2013 Administrative matters (* indicates additional material in tonight's packet) ♦ *Please see the invitation for the Change of Command Ceremony at Camp Curtis Guild ♦ *Woburn Street School — the Schools have decided not to pursue this option for early childhood education. Please see the letter in your packet from Dr. Doherty for details. ♦ *Amplified Sound Permit — please see the request from Carl McFadden to repeat a past event at RMHS over several days. The Recreation Committee approved the first requested day as your policy allows. ♦ *Revenue opportunity (now in two parts) — Verizon Wireless has formally requested to appear on the Board's agenda and I have included my return correspondence to them. If they wish to proceed, they may appear at your meeting on September 24th. I met with resident Nelson Burbank and Bill Jennings from the RIAA Board to describe the opportunity to place cell coverage somewhere over at the Reading Ice Skating rink at Symonds Way. Town Counsel is working on language to revise the 10 -year RIAA lease agreement. I have a site visit scheduled for noon on September 17th if any member of the Board wishes to join me. Your RIAA liaison (Carl McFadden) will be at your first October meeting with an update. Community Services ♦ Comprehensive Update of the Zoning By -Law • We have selected a consultant for the project, subject to some background checks and then contract negotiations. The fee is fixed at $75,000 but the terms are negotiable. • Tonight the Board will interview applicants from the public for the 7- member ZAC, which will likely hold their kick -off meeting on September 30th. There will be a great deal of outreach to the community over the following year as the final product will reflect the long -term values of Reading. ♦ Development — the Community Services Director/Town Planner and Staff Planner will present uupdates tonight as part of the Planning & Development workshop. ♦ *MBTA lot — some excellent news is in your packet! Library ♦ Library Building Committee — Preliminary results for the RFP for temporary space were received on September 9th and are now being examined by the evaluation committee, which includes the Library Director, Facilities Director and Owner's Project Manager to see how many are qualified. The Library expects to move in March 2014. Contract negotiations are still underway with the designer /architect. ♦ *Vehicle Day — another rousing success for the kids (of all ages!). See the thank you note from the Library to DPW. We'll have to discuss another location during renovation for the next two years. Public Safety ♦ *Resident's thank you — I don't usually include all the many issues from residents staff routinely resolves but thought that I would include one that involved the PD and had great one -day turnaround. Public Works - Road Improvements ♦ All paving for our spring /summer round is complete. We are using some leftover funds to do some minor curb and sidewalk repairs. ♦ We will be opening bids for our second round of paving and crack sealing the second week of September. We had to delay until we knew how much money we would get from Chapter 90 — the latest figure is about $600k, which is well below the Governor's initial $900k figure, but in line with recent history. It is possible more Chapter 90 funding will be freed up during the fiscal year - we will wait to bid micro -seal work until winter /spring. Upcoming Events: October 9 — FY15 Budget Financial Forum November 12 — Subsequent Town Meeting begins (Tuesday) 9/6/2013 1 /-vui ivinn %,e1-1 2%ie 26tH 9laneuverEnhancement Brigade cordtaffy invites you to attend a Change of Command Ceremony at which Colonel Francis B. Wagurn II wiffrelinquish command of 26th 9laneuver Enhancement Brigade to Colonel RichardE. ,70hnson on Saturday, the fourteenth of September two thousand and thirteen at eleven o'cfockin the morning Camp Curtis Guild 25YfaverhiffStreet, 1§ading, AKA, 01867 Page 1 of 2 ..S.V P 6y 11 Septem6er 2013 Wilitary. Army =ACV /Air Force =ABV FOC. XV Isaias Liriano Civifian: Business Casual 774 - 286 -1134 3 https:Heinvitations .afit.edu/inv /index. cfm ?i =1663 64 &k= 0367440A7DS 3 R / ?7 / ?0 l 1 zutn ivinn %-ot- Aft TOC C3412 (Robyn M. Corbin. 508- 233 -7126 4 Click Here to R.S.V.P. 0 Content Owners The content owner of this web page is the AFIT /SC, Air Force Institute of Technology, Communications Directorate. Email: einvitations(�afit.edu Air Force Institute of Technology 2950 Hobson Way WPAFB, OH 45433 -7765 COMM: 937-255-6565 DSN:785 -6565 This website may not be used for personal gain. AF.MIL I Accessibility Statement I External Link Disclaimer I FOIA I Privacy & Security Notice For information about AFIT, please click here. For more information about this E- Invitation, please click here. Page 2 of 2 https :Heinvitations.afit.edu/inv/ index .cfm ?i = 166364 &k= 036744OA7D53 9/27/2013 John F. Doherty, Ed. D. Mary C. Det,ai Superintendent of Schools Y Assistant Superintendent for Finance and Administration 82 Oakland Road Reading, MA 01807 Craig Martin Phony: 781-944-5800 Assistant Superintendent Fat: 781-942-9149 for !.earning and Teaching Reading Public Schools Instilling a joy of learning and inspiring the innovative leaders of tomorrow August 27, 2013 Dear Reading Community Member, During the last several months, the Reading Public Schools has been studying 172 Woburn Street (formerly the Woburn Street School and Reading Gymnastics Academy) as a potential location for an early childhood center which would provide the space necessary for us to offer publicly funded full day kindergarten for all students in our school district. This review process has included a feasibility study conducted by AD) Architects, traffic and parking analysis of the Woburn Street area, and several community meetings with town officials, parents, interested community members, and abutters of the school site. Originally, the Woburn Street option was chosen over other options because it was believed to be the most educational and economically feasible option for the Town of Reading and the Reading Public Schools. After reviewing the feasibility study, the total cost estimate for the project, and the challenges associated with the traffic and parking for this site, it became evident that the Woburn Street site was no longer a feasible option for the Reading Public Schools. To that end, on August 26h, the Reading School Committee voted to no longer pursue the Woburn Street site as a viable option for an early childhood facility. The next step in the process is to review potential alternatives and, if appropriate, develop a plan to pursue a different, more viable, option. Some of these alternatives could include renting additional classroom space, building additional classrooms at some or all of the five elementary schools, installing modular classrooms at some or all of the five elementary schools, or constructing an early childhood center. The Reading Public Schools is looking f'or community members to be part of a working group to review and evaluate alternative solutions that would allow our community to offer expanded early childhood opportunities for the children of Reading. If you are interested in being a part of this working group or have any questions, please contact the Reading Public Schools Administration Offices at 781 -944 -5800. Our goal continues to be to provide publicly funded full day kindergarten for all students and we are hopeful that we can identify a solution that is both educationally sound and economically affordable for our community. We thank you for your participation thus far, and encourage you to continue to share in this process. Sincerely, 5hn F. Doherty, Ed.D. uperintendent of Schools The Reading Public Schools does not discriminate on the basis of race, color, sex, gender identity, religion, national origin, sexual orientation, age or disability 0 policy, and the Recreation Committee may amend the policy at any time. 4.14.3 - Rules RULE 1. No person shall damage or break or cause to be broken any windows, doors or other appurtenances of any buildings or structures on any public park, playground or recreation area, or mark upon deface or disfigure any such buildings appurtenances or structure. RULE 2. No person shall, in any public park, playground or recreation area in the Town of Reading throw any stone or other missile; or have possession of or discharge any destructive weapon, bow and arrow, firearm, firecracker, torpedo or fireworks; or make a fire; or post, paint, affix or display any sign, notice, placard or advertising device; or engage in business, sell or expose for sale, or give away any goods, wares or circulars; or drop or place and leave in place any piece of paper or other refuse, except in the receptacles designated; except with the written authority of the Recreation Committee or their designee and/or other permit granting authority. RULE 3. No person shall, on any public park, playground, recreation or other area under the jurisdiction of the Recreation Committee in the Town of Reading, solicit the acquaintance of or annoy another person or utter any profane, threatening abusive or indecent language or loud outcry; or solicit any subscription or contribution; or have possession of, or drink any alcoholic beverages as defined by Chapter 138, Section 1, of the General Laws; or play any game of chance, or have possession of any instrument of gambling; or make an oration or harangue or any political or other canvass; or preach or pray aloud; or do any obscene or indecent act; except by written authority from the Recreation Committee or their designee. RULE 4. Amplified Sound - Users of public property and abutting residents should have an expectation of quiet enjoyment of the Town's public parks, playgrounds, recreation and other open space areas. This rule recognizes that these properties are the site of some activities which inherently create levels of noise due to customary and usual uses such as fans cheering, referee and coach's whistles, and bands playing during football games. There is also recognition that as a community the public parks, playgrounds, recreation and other open space areas are the site of occasional community events which use amplified sound such as school field days, community fairs, and fireworks displays, etc. The use of amplified sound in public parks, playgrounds, recreation and other open space areas is not permitted without a permit to be granted by the Recreation Committee or other agency which has jurisdiction over said public property. When permitted, the use of amplified sound shall be controlled by the permit holder such that the volume, direction, and duration of the sound is the minimum needed to meet the purpose of the use of the sound, and which will minimize the impact of the sound on other users of the park, playground, or other public property and its abutters. Unreasonable sound shall be sound plainly audible at a distance of 100 feet from its source by a person of normal hearing. The intent of this rule is to allow, with a permit from the Recreation Committee or other agency which has jurisdiction over said public property, reasonable and occasional playing of music or use of amplified sound while considering location, time, duration and frequency such as an annual fair, or once a year all -star sports games. The use of amplified sound is not intended to be a routine for recurring events such as play by play announcements for sporting events and other repeated use of 4 -19 Board of Selectmen Policies C(a music and amplified sound. The permitting authority should consider the frequency of amplified permits per park or recreation site and afford significant consideration to the neighbors abutting the permitted areas as regards to their inconvenience created by said permit. When a permit is granted, a copy of the permit shall be transmitted to the Board of Selectmen at least 3 days before the event at which the music or amplified sound is to be used. Additionally, all permitted dates of amplified sound will be posted in a conspicuous place on the Town's website as well as available by contacting the Recreation Division or head of any other agency having jurisdiction over the public property for which a permit has been granted. Any variance from this rule will require the permitted applicant to petition the Board of Selectmen for such variance at which time a public hearing will be held on the matter. RULE 5. TREES, SHRUBBERY, LAWNS 1. Injury and Removal. No person shall, in any public park, damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds, of any tree or plant. Nor shall any person attach any rope, wire, or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area. 2. Climbing Trees, etc. No person shall, in any public park, climb any tree, or wall; or stand or sit upon monuments, vases, fountains, railings or fences or upon any other property not designated or customarily used for such purposes. 3. Hitching of Animals. No person shall, on any public park, tie or hitch a horse or other animal to any tree or plant. RULE 6. No person shall, in any public park, playground or recreation area in the Town of Reading, bathe except in proper costume and at places designated therefor; nor shall any person loiter or run about or lie upon the areas around pools in bathing costume in a manner deemed inappropriate by community standards. RULE 7. No person in any public park, playground or recreation area in the Town of Reading shall refuse or neglect to obey any reasonable direction of a police officer. RULE 8. No person shall, in any public park, playground or recreation area in the Town of Reading promote, or engage in any game of ball or other sport; except within the areas especially provided therefor, or by written authority of the Recreation Committee or their designee. No person shall use or exhibit golf clubs in any public park, playground, or recreation area. RULE 9. No person shall, in any public park, playground or recreation area in the Town of Reading, undress or dress put on or take off a bathing suit, except in buildings designated for such use for the purpose of undressing or dressing or putting on or taking off a bathing suit. RULE 10. No person shall operate, drive, or ride an animal, vehicle or motor vehicle upon or over any part of a playground recreation area or any public park in the Town of Reading except where specifically allowed. RULE 11. No person shall, in any public park, playground or recreation area in the Town of Reading stop, stand or park any automobile or other vehicle except in such manner and in such areas as may be designated by signs or by a police officer. RULE 12. No person shall permit a dog under their control to enter upon an artificial turf field or within any fenced area that includes any artificial turf field within the Town of Reading. Artificial turf fields include: the RMHS stadium, Collins Field at Parker Middle School, and the so called Lacrosse field also known as the practice field at RMHS. 4 -20 Board of Selectmen Policies 6 AMPLIFIED USE PERMIT REQUEST FORM Name /Organization: SNL Flag Football Contact for the Event: Jim Murphy /Carl McFadden Phone Number: 781405-7405 Email Address:_jkmurphyl212 @gmail.com Date(s) of the Event: Sept 7, 14, 21, 28 - Oct 5,12,26 — Nov 2, 9 Purpose of the Event: youth recreation Is this event open to the general public: YES NO Location of the Event: RMHS Fields Time of the Event: 6- 8:30pm Duration of the Use of Amplified Sound: 2.5 hours Check all that apply: Equipment: X Use of sound equipment such as speakers, mixers, and microphones Use of Musical Instruments Content: General Announcements National Anthem X Music Sound Effects I have read and understand the Rule 5.2.3 of the Board of Selectmen Policies and Procedures regarding use of amplified sound as it relates to park use and understand the responsibilities that go along with an amplified sound permit. Signature: Jim Murphy Date: Aug 29, 2013 150 wireless 1013 SEP -2 AM 10: 52 Via: U.S. Postal Service Express Mail Delivery Confirmation August 26, 2013 Town Manager Robert W. LeLacheur, Jr. 16 Lowell Street Reading, MA 01867 Re: Interest by Verizon Wireless in establishing a new antenna location on the existing water tank located at 50 Auburn Street, Reading, MA Dear Mr, Robert W. LeLacheur, Jr.: I am writing to you on behalf of Verizon Wireless. My client is interested in installing its network antennas and related equipment on one the existing water tank located at the 50 Auburn Street location in Reading. Please consider this a formal request to have this matter included on the September 10, 2013 Agenda of the meeting of the Reading Board of Selectmen. At that time a representative of Verizon Wireless could be available to explore with the Board the Town's interest in issuing a RFP and entering into a lease for this use, and to answer any questions the Chair and Members of the Board may have regarding this proposal. In summary, Verizon Wireless would propose to install approximately 12 antennas and associated coaxial cables on the tower(s), together with a prefabricated 12'x30'equipment shelter with internal back -up power generator at the base of the tank. The exact height of the Verizon Wireless antennas and shelter location would be determined after a site / design walk review at the property. Accompanying this request is a letter from Hudson Design Group LLC acknowledging that there is space for an additional carrier at the 50 Auburn Street water tank. Noting that Hudson Design has completed work on this water tank in the past I have asked for a confirmation that there is appropriate space for Verizon Wirelesses antennas and ground equipment. It is believed and understood, there has been no RFP released for this site or additional carriers located on this water tank since this letter was originally generated in August 2010. Please feel free to contact me either on my mobile phone (508) 292 -8488 or via email (andrewkvssinc.net) so that we may discuss this opportunity in further detail. Sincerely Yours, Andrew Pearsa 1 VitalSite Services, Inc. Site Acquisition Specialist August 2, 2010 Town of Reading 16 Lowell Street Reading, MA 01867 Verizon Project #: 2010527089 Project Name: Reading Center - MA Project Address: 50 Auburn Street, Reading, MA Re: Telecommunication site feasibility at existing water tank. To whom it may concern: Hudson Design Group LLC visually inspected the above site for Verizon Wireless on July 261h, 2010. In the past, HDG provided engineering services for telecommunication carriers at this site and is familiar with this particular water tank. After reviewing the existing data and photos, the current rail that supports the existing antennas appears to be fully occupied. However, it will be possible to design an antenna support system just below the belly of the tank and attaching between the existing tower legs. This support system would be independent and not interfere with the existing water tank shell. The current antenna centerline is approximately 94' (feet). The proposed Verizon antenna centerline will be approximately 80' (feet - TBD). Existing ground space was also reviewed and there appears to be sufficient space available to accommodate the Verizon Wireless equipment shelter. The coax would be installed similar to the existing, running under ground and up one of the water tank legs. If you have any questions, please do not hesitate to contact our office. p: 978.557.5553 f: 978.336.5586 a: 1600 Osgood Street, Building 20 North. Suite 2 -101, N. Andover, MA 01845 p: 413.588.8139 f: 413.517.0590 a: 116 Pleasant Street, Ste 302, Easthampton, MA 01027 9 LeLacheur, Bob From: LeLacheur, Bob Sent: Friday, September 06, 2013 9:05 AM To: Iandrew @vssinc.net' Subject: Request for VZW antenna location in Reading Hi Andrew, I received your request to add 12 antennas to our water tank on Auburn Street. Unfortunately I received this request too late to be formally included on the September 10, 2013 Board of Selectmen's agenda, but I will pass it along to them that night during a less formal Town Manager's report section of the meeting. Sometimes that happens near the beginning of the meeting, and sometimes near the end. I don't know if you are aware of two important facts? First, are you coordinating this effort with one that Verizon Wireless already has underway in order to add some sort of cell tower on the easterly side of town at our ice skating rink? It would certainly be beneficial if these two efforts are coordinated. I would hate to learn that you only needed to do one of these locations for improved coverage, and two parts of Verizon are unaware of each other's efforts. Second, we are in the process of painting the water tower on Auburn. We will be funded in November for work to be completed next spring /summer. In fact we have been in extensive discussions with our existing antennae patrons to relocate their equipment for a portion of time. While ultimately your request might be achieved on the water tower, please be aware from a timing standpoint of our planned maintenance schedule. If you do wish to proceed with this request as it is not redundant to the ice rink one, then please forward plans, structural details and structural calculations to me so our engineers can review them. Also please give me an idea of your anticipated schedule so we could coordinate that with our maintenance efforts. You are welcome to come in at any time to see me or staff to discuss further, and if you do want a more formal appearance in front of our Selectmen, you are most welcome to attend their next meeting on September 24th. That agenda is packed but with enough notice 1 can work you in for 15 minutes. Thanks, Bob 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 (>_) 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. Oy FIRST AMENDMENT TO LICENSE AGREEMENT BY AND BETWEEN MASSACHUSETTS BAY TRANSPORTATION AUTHORITY AND TOWN OF READING LI- 09178A1 MBTA 13220 This Amendment to License Agreement (the "Amendment') is made and entered into as of the 21ST day of August, 2013, by and between, the Massachusetts Bay Transportation Authority, a body politic and corporate and a political subdivision of the Commonwealth of Massachusetts with a usual place of business at Ten Park Plaza, Boston, Massachusetts 02116 (hereinafter referred to as the 'MBTA') and Town of Reading having its principal offices at 16 Lowell Street, Reading Massachusetts (hereinafter referred to as 'LICENSEE*). WHEREAS, the MBTA and LICENSEE entered into that certain License For Entry, (the 'License') dated September 12, 2012 and executed on November 1, 2012 whereby the MBTA granted to LICENSEE rights in the Premises to maintain landscaping along the station railroad right of way and to manage the Vine Street Parking lot; WHEREAS, the original term of the License is subject to renewal. NOW THEREFORE both parties agree to amend the License, effective as of December 31, 2013, as follows: 1. In Section 23 of the License (Term), the term 'January 1, 2013 to December 31, 2013" shall be deleted and replaced with 'January 1, 2014 to December 31, 2014', 2. All other terms, provisions and conditions of the License shall remain in full force and effect. Executed as an instrument under seal as of the 210 day of, August 2013 MASSACHUSETTS BAY TRANSPO A 74UTHOPJTY By: Mark Eftoyle Assistant General Manager for Development TOWN OF Nt� By: Name: 96—± Liew -Jr Title: 74:J A �1/k�S'n f Duly Authored i,/p" BOSTI \464972.2 I �rr.i11 rc�aAoc �� 11 r= D VEHICLE DAY - READING PUBLIC LIBRARY August 22, 2013 Jeff Zager Reading DPW 16 Lowell St. Reading, MA 01867 Dear Jeff, Our 15th annual Vehicle Day was a tremendous success thanks to your participation. We put 610 stickers on the hands of the young and old as they came to visit the vehicles. Your generosity has made this annual event a tradition in many Reading households. It is obvious that the adults love it as much as the kids! Here is one snapshot of your vehicle. If you would like digital copies of the photos we took to use for your own purposes, please email us at rdgchild @noblenet.org and we will gladly send you some digital images by return email. Since the temporary location for the Library is still unknown, we have our fingers crossed that we will be able to have Vehicle Day in 2014. Next summer our lot will be a construction zone, as the current building is renovated and a small addition added. We will be in touch whenever we find a time and place for the next Vehicle Day. Thanks so much for coming to the 15th. 4A,O 0, -.,4 �Pl V Sincerely, aw�.e� Rachel Baumgartner Children's Librarian Corinne Fisher Head of Children's Services 13 Dear Mr. LeLacheur, I've attached a letter concerning an ongoing issue on Harrison Street and would appreciate you reviewing my letter. Thank you in advance for your time and consideration. Sincerely, Chris McGrath 39 Harrison Street i L August 27, 2013 39 Harrison Street Reading, MA 01867 Robert LeLacheur, Jr. Town Manager Reading Town Hall 16 Lowell Street Reading, MA 01867 Dear Mr. LeLacheur, I am writing to you concerning an ongoing school -year issue on Harrison Street. Since late fall 2012 we have had an issue with a gentleman from Belmont Street parking 1 to 2 school busses along the park side of Harrison Street almost daily. The bus or busses can arrive as early as 8 AM and remain parked on the roadway for 4 to 6 hours Monday through Friday. We understand Mr. Trepaney and his son use to park their busses in their yard at 63 Belmont Street however his neighbors complained to the police and the Trepaneys were instructed the busses constituted a commercial vehicle and as such could not be parked on their private, residential property. This fact does not mean their vehicles cannot be legally parked on Belmont Street proper. To appease his neighbors, Mr. Trepaney has decided to park his school bus /busses on our street. We have attempted to work through the appropriate town sources to voice our concerns with the vehicles constantly parked on our street. We do understand commercial vehicles can be parked legally on Harrison however we feel inconvenienced by the constant, unsightly intrusion. Harrison Street is every bit as much a neighborhood as Belmont Street and yet our neighborhood is constantly bombarded with inconveniences put upon us by the whims of the town. Several years ago signs were erected in front of the homes across from Memorial Park restricting our right to park in front of our own properties between April and August, Monday through Friday, from 4 to 8 PM in order to facilitate traffic flow resulting from Non - Harrison Street parking issues created by parents dropping off and picking children up from sports - related practice. No notice of the proposed signage, nor consideration, was given to the affected street residents. We are tax paying residents and deserve and expect more consideration for our healthy tax payments. When the town re- engineered Memorial Park two years ago we had to appeal to the town to revise their new parking plan for Harrison Street. The town wanted to add between 25 to 30 new parking spaces to our street to accommodate visitors to the park! Never on its best day 6 has Memorial Park ever needed 25 -30 spaces! This was once a quiet side street but we are now a major cut through for people traveling up Charles Street toward the town center since the town enforced a no left turn onto Main Street designation at the top of Charles Street. We understand the need to protect the majority but decisions have been made in a vacuum without thinking through the downstream affect. We have been residents of Harrison Street for over 35 years and have accepted the good with the bad but we do have limits. I don't believe in just dropping in issue in someone's lap without at least offering a few possible solutions. Why not restrict parking on the park side of Harrison Street to a 2 hour limit Monday through Friday? This would alleviate day long commercial parking while allowing park visitors ample time to use the park facilities. Keeping the restrictions to the weekday hours would allow weekend skaters to use the park for longer intervals in the winter when use is normally increased. A parking restriction waiver could be issued for activities permitted through the Recreation Department for groups requiring extended parking. Busses are not the only commercial vehicles that park for extended periods on Harrison Street. Anyone who is providing excavation services or larger scaled landscaping any where in the area drops their flatbeds off starting as early as 6:45 AM and moves their equipment several streets over. We've even had long haul truckers park here for several days while visiting in town. They drop their trucks off and call people to pick them up! Since Mr. Trepaney is often picked up after parking and since no neighborhood should have to endure the ugly eyesore caused by parked busses why not create a school bus parking zone along the road to the DPW garage on Newcrossing Road? I appreciate Mr. Trepaney's desire to transport school children but we need to come up with an equitable solution for these long term issues on Harrison Street. I hope this letter not only apprise you of our concerns but also provides workable solutions for the listed issues and consideration for the rights and needs of the Harrison Street neighbors. Thanks in advance for your consideration. Sincerely, Christine and Tom McGrath 781 -944 -6429 (9 To: Cormier, Jim Cc: Robbins, Richard Subject: RE: Commercial vehichle parking issue on Harrison treet Chief, drove by Harrison St. yesterday morning and the buses in question were not there. I then drove by Belmont St, to see if the buses were at the Trepaney's residence. The bus was not there however Mr. Trepaney's son and wife were outside so I had a chance to speak with them. They explained for years they would keep their school bus in their driveway in between pick up and drop off times. Last year their neighbor called us with a complaint of the buses being parked there. The Officer spoke with Mr. Trepaney and he in an effort to appease his neighbor he would start parking them on Harrison St and walk home. The son also used to drive a school bus so there was two full size buses there. However only the father is driving one now. The bus company is out of Woburn and I asked the son where all the other bus drivers park in between drop off and pick up and he stated at their homes. He also told me the neighbor with the problem with the bus has since moved. Researching a school bus in their private driveway or even on the street Reading does not have any parking regulations or By -laws concerning this subject. There driveway is long enough to fit the bus appropriately. The school bus is also not a commercial vehicle, which I also found no town by -laws or parking rules on for day time parking. I think the best solution to all is to have Mr. Trepaney park his bus in his own driveway for the hours in between drop -off and pick -up. The bus then goes back to the bus company to Woburn overnight. Respectfully, Safety Officer Christine Amendola 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.readingrna.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 From: christine.mcgrath 1 Cabcomcast. net [mailto:christine.mcgrath 1cacomcast. net] Sent: Tuesday, August 27, 2013 4:33 PM To: Town Manager Subject: Commercial vehichle parking issue on Harrison treet %tv LeLacheur, Bob From: christine.mcgrath1 @comcast.net Sent: Thursday, August 29, 2013 11:40 AM To: LeLacheur, Bob Subject: Re: Commercial vehichle parking issue on Harrison treet Mr. LeLacheur, Thank you for your very prompt response. We greatly appreciate the time and effort Officer Amendola spent on researching the applicable parking and By -Law regulations, or lack thereof, and arriving at an equitable solution for all parties. We are impressed with the level of Communication between town agencies. It speaks well of your leadership in town. I have to admit I could not believe the bus had not appeared for the two days since sending you the letter! I knew I was reacting quickly into the new school year but after an near full school year of the busses arriving 3 -4 days a week I felt I needed to readdress the situation as soon as possible this year. Again, thank you for your assistance. Please extend our thanks to Chief Cormier and Office Amendola for their efforts. Sincerely, Chris McGrath From: "Bob LeLacheur" <blelacheur(ED-6. reading. ma. us> To: "christine mcgrath1" < christine .mcgrath1(aD-comcast.net> Sent: Thursday, August 29, 2013 10:37:13 AM Subject: RE: Commercial vehichle parking issue on Harrison treet Ms. McGrath, Please see the response from our Police Safety Officer below. We will be discussing the situation next month internally at a monthly meeting we hold on traffic & safety to see if there are further steps we should take on this issue. I believe your concerns have been addressed by the information below, but please let me know. Thanks, Bob From: Amendola, Christine Sent: Thursday, August 29, 2013 9:59 AM 1 oe Smart Growth & Regional Collaboration MAPC METROPOLITAN AREA PLANNING COUNCIL September 4, 2013 Dear Mayors, Managers, and Town Administrators: We hope you will consider joining us for the 5`1i Annual Regionalization and Innovation Conference at the College of the Holy Cross in Worcester on Monday, September 16, 2013. The conference is an opportunity to learn about current regionalization and shared services projects across the Commonwealth, as well as a time to connect with neighboring communities and learn more about resources available to municipalities interested in collaboration. We encourage you to attend the conference and to share this invitation with your Boards of Selectmen, finance committees, and any other relevant departments in your community. Enclosed you will find the registration form and workshop description for the conference. Please feel free to contact me directly at 617 - 451 -0703 with any questions. We look forward to seeing you there. Sincerely, 2t . w rColl Joel Barrera Deputy Director a O v IV] ANNUAL MASSACHUSETTS REGIONALIZATION &it INNOVATION CONFERENCE Conference Date: Monday, September 16, 2013 Location: Hogan Center, College of the Holy Cross, Worcester Time: 9:00am- 2:30pm Registration Fee: $40 Registration Instructions Please register and pay the conference fee of $40.00 per person online (http : / /conta.cc /14Au6jb) or print out and complete this registration form and mail it along with a check payable to the Metropolitan Area Planning Council (MAPC) to: Metropolitan Area Planning Council (MAPC) 60 Temple Place Boston, MA 02111 Registration Deadline: September 9, 2013: Payment is required in advance Municipal ity /Organization• Conference Fee: $40 per person (includes lunch and materials). Make check payable to Metropolitan Area Planning Council (MAPC). AMOUNT ENCLOSED: $ If you have questions please contact Tom Hauenstein, (Hauenstein @mapc.org) or Ben Ricker, (bricker @mapc.org) at the Metropolitan Area Planning Council. Tel. 617 451 -2770 Please check off one morning workshop and one afternoon wokshop you plan to attend. 1. Municipal Innovation: The Community Innovation Challenge Program ....... ..............................0 2. Achieving the Benefits of Civic Engagement ....................................... ............................... ❑ 3. Mid -Sized Municipalities and Regionalization .................................... ............................... ❑ 4. Regional Law Enforcement as Partners in Regionalization ................... ............................... ❑ 5. Regional IT Solutions .......................................................................... ............................... ❑ AFTERNOON WORKSHOP 6. Measuring Performance: Massachusetts Municipal Performance Management Program..... El 7. Good Governance for Regional Programs ........................................... ............................... 13 8. Back by Popular Demand: Regionalization 101 .................................. ............................... ❑ 9. Green and Renewable Partnerships ..................................................... ............................... 0 6�1 5th Annual Massachusetts Regionalization & Innovation Conference Conference Date: Monday, September 16th Location: Hogan Center, College of the Holy Cross, Worcester Time: 9am- 2:30pm Registration Fee: $40 Schedule: 9:00— Registration and Coffee 9:30 -10:15 — Opening Session • Welcome — Robert Nunes, Deputy Commissioner of Revenue and Director of Municipal Affairs • Opening Comments and Updates From the Massachusetts Association of Regional Planning Agencies (MARPA)— Tim Brennan, Executive Director, Pioneer Valley Planning Commission • Greetings — Amy Pitter, Commissioner of the Department of Revenue • Keynote Presentation — Glen Shor, Secretary for Administration and Finance 10:15- 10:30 — Special Presentation in Recognition of Tim Murray's work as Lt. Governor to promote regionalization and innovation in Massachusetts municipalities • Robert Nunes — Introductions • Linda Dunlavy, Executive Director, Franklin Regional Council of Governments • Tim Murray, President and CEO, Worcester Regional Chamber of Commerce 10:30 -12:00 — Morning Workshops (see below) 12:00 -1:00 — Lunch 1:00 -2:30 — Afternoon Workshops (see below) AM Workshops 1. Municipal Innovation: The Community Innovation Challenge Program Speakers: • Tim Dodd, Local Government Program Manager, Exec. Office for Administration & Finance • Pam Kocher, Director of Local Policy, Exec. Office for Administration & Finance • Dennis Dizoglio, Executive Director, Merrimack Valley Planning Commission • Sandy Pooler, Finance Director, Town of Amherst Moderator: Tim Dodd, Local Government Program Manager Description: This session will focus on successfully implemented 2012 CIC projects to be identified and secured by Tim Dodd and Pam Kocher. 2. Achieving the Benefits of Civic Engagement Speaker: • Susan M. Jeghelian, Executive Director, Massachusetts Office of Public Collaboration • John Goodrich, Senior Affiliate and Practitioner, Massachusetts Office of Public Collaboration Moderator. Tim Brennan, Executive Director, Pioneer Valley Planning Commission 9 Description: Through an interactive workshop, staff from the Massachusetts Office of Public Collaboration will present civic engagement concepts and tools to help municipal officials with both local and regional issues. They will present examples from their own experiences as mediators /facilitators, citizens and local public officials, and will share strategies for dealing with the unexpected. 3. Mid -Sized Municipalities and Regionalization Speakers: • Robert Dolan, Mayor of the City of Melrose • David Narkewicz, Mayor of the City of Northampton • Thatcher Kezer, Mayor of the City of Amesbury Moderator: Robert Nunes, Deputy Commissioner of Revenue and Director of Municipal Affairs Description: Regionalization programs often focus on small towns or large cities because of the obvious benefits to these types of municipalities (economies of scale for small towns and the ability of cities to provide regional services to other communities). But how does regionalization benefit mid -sized municipalities? Town leaders from three Massachusetts towns will discuss their involvement in regionalization projects and how mid -sized towns /cities can effectively be involved in regionalization projects. 4. Regional Law Enforcement as Partners in Regionalization Speakers: • Chris Donelan, Franklin County Sheriff • David Sullivan, Northwestern District Attorney • Thomas Dubas, Director of the Essex Regional Communications Center Moderator: Ross Perry, Director of Municipal Management, Southeastern Regional Planning & Economic Development District Description: This session will explore how regional law enforcement entities can act as hosts for regionalized programs serving multiple towns. 5. Regional IT Solutions Speakers: • John Musante, Town of Amherst Town Manager, Shared Municipal IT Services • Dave Davies, Director of Information Technology, Division of Local Services, Making the Cloud Affordable For the Smallest Communities • Frank Mertes, Municipal Services, Hampshire COG, Hampshire Cloud Moderator: Todd Ford, Executive Director, Hampshire COG Description: This panel will focus on regional IT solutions and initiatives for municipalities. PM Wo lkshops 6. Measuring Performance: The Massachusetts Municipal Performance Management Program Speakers: 2 Description: Through an interactive workshop, staff from the Massachusetts Office of Public Collaboration will present civic engagement concepts and tools to help municipal officials with both local and regional issues. They will present examples from their own experiences as mediators /facilitators, citizens and local public officials, and will share strategies for dealing with the unexpected. 3. Mid -Sized Municipalities and Regionalization Speakers: • Robert Dolan, Mayor of the City of Melrose • David Narkewicz, Mayor of the City of Northampton • Thatcher Kezer, Mayor of the City of Amesbury Moderator: Robert Nunes, Deputy Commissioner of Revenue and Director of Municipal Affairs Description: Regionalization programs often focus on small towns or large cities because of the obvious benefits to these types of municipalities (economies of scale for small towns and the ability of cities to provide regional services to other communities). But how does regionalization benefit mid -sized municipalities? Town leaders from three Massachusetts towns will discuss their involvement in regionalization projects and how mid -sized towns /cities can effectively be involved in regionalization projects. 4. Regional Law Enforcement as Partners in Regionalization Speakers: • Chris Donelan, Franklin County Sheriff David Sullivan, Northwestern District Attorney Thomas Dubas, Director of the Essex Regional Communications Center Moderator. Ross Perry, Director of Municipal Management, Southeastern Regional Planning & Economic Development District Description: This session will explore how regional law enforcement entities can act as hosts for regionalized programs serving multiple towns. 5. Regional IT Solutions Speakers: John Musante, Town of Amherst Town Manager, Shared Municipal IT Services Dave Davies, Director of Information Technology, Division of Local Services, Making the Cloud Affordable For the Smallest Communities • Frank Mertes, Municipal Services, Hampshire COG, Hampshire Cloud Moderator. Todd Ford, Executive Director, Hampshire COG Description: This panel will focus on regional IT solutions and initiatives for municipalities. PM Workshops 6. Measuring Performance: The Massachusetts Municipal Performance Management Program Speakers: z Diana Schindler, Town Administrator, Town of Orange David Cressman, Town Administrator, Town of Dartmouth Sarah Stanton, Finance Director, City of Salem Moderator: Mike Ward, Director of Municipal Services, The Collins Center will moderate and identify panelists Description: This workshop will feature three communities from the Massachusetts Municipal Performance Management Program, as well as Mike Ward from the Collins Center. Municipal managers will discuss how they are using performance measurement tools to look at budgeting and management, and share one example each of a department cost per output analysis. 7. Good Governance for Regional Programs Speakers: • Phil Lemnios, Hull Town Manager, South Shore RECC • Steve Fleshman, Brimfield Select Board, Brookfields Highway Cooperative • Randy Crochier, Franklin County Cooperative Public Health Service Moderator: Joel Barrera, Deputy Director, Metropolitan Area Planning Council Description: This workshop will feature representatives from three regionally governed entities, talking about what makes their shared governance work (including voting, budgeting, hiring practices) and how they addressed concerns of loss of local control. 8. Back by Popular Demand: Regionalization 101 Speakers: • Jennifer Garcia, General Counsel, Metropolitan Area Planning Council • Todd Fontanella, Senior Transportation Planner, Merrimack Valley Planning Commission • Ted Harvey, Regional Project Planner, Franklin Regional Council of Governments Moderator: Paul Niedzwiecki, Executive Director, Cape Cod Commission Description: This session will focus on basic best practices, legal frameworks, and a review of the Regionalization Best Practices website. This is a repeat of last year's session due to its popularity and need expressed by participants. 9. Green and Renewable Partnerships Speakers: • Helen Aki, Clean Energy Program Coordinator, Metropolitan Area Planning Council, LED Street light cooperative purchase • Dennis Dizoglio, Executive Director, Merrimac Valley Planning Commission, Solar Net Metering • Eric Weiss, Sustainability Services, Hampshire Council of Governments, Hampshire Solar Moderator. Beverly Woords, Executive Director, NMCOG Description: This panel will focus on regional green partnerships in Massachusetts. 23 September 4, 2014 Dear Municipal Official, ONE WINTHROP SQUARE, BOSTON, MA 02110 617 - 426 -7272 • 800- 882 -1498 • fax 617 -695 -1314 • www.mma.org The Massachusetts Municipal Association's 2014 Annual Meeting and Trade Show is quickly approaching. I am writing to invite you to enter the MMA's annual awards contests to be presented at Annual Meeting in January. This is a great opportunity for municipalities to show off their hard work over the past year and for local officials to network and share ideas. I strongly encourage you to nominate your community in the following contests: Kenneth E. Pickard Municipal Innovation Award The Kenneth E. Pickard Municipal Innovation Award is sponsored each year by the MMA to recognize municipalities that have developed unique and creative projects or programs to increase the effectiveness of local government. Innovations should present new and different solutions to problems common to municipalities in Massachusetts. You can find more information about judging and how to enter on the MMA's website (www.mma.org /awards). In order to qualify, please send TWO copies of all required information to: MMA, Attn: Innovation Award Contest, One Winthrop Square, Boston, MA 02110 by Friday, September 20, 2013. Town Report Contest The MMA's Town Report contest will judge reports on attractiveness of the report cover and layout, material arrangement, presentation of statistics and data, summary of the year's achievements, evidence of local planning for the future, and the report's practical utility. To enter this contest, please send TWO copies your town's 2012 report to: MMA, Attn: Town Report Contest, One Winthrop Square, Boston, MA 02110 by Friday, September 20, 2013. Municipal Website Awards The second annual Web Awards will recognize the best municipal websites in four population categories: under 5,000; 5,000 - 15,000; 15,000 - 50,000; and 50,000 -plus. Judging criteria is available on the MMA's website. To enter this contest, Chief Municipal Officials may complete the attached form and send it as a PDF document to vsclafani @mma.org or by fax to 617- 695 -1314. An online nomination form is also available on the MMA's website. Entries are due by Thursday, October 31, 2013. For more information about the Kenneth E. Pickard Municipal innovation Award, Town Report Contest and Municipal Website Awards, please visit the MMA's website (www.mma.org /awards) or contact Victoria Sclafani at the MMA, 617 - 426 -7272 ext.161 or vsclafani @mma.org. We look forward to seeing your entries at Annual Meeting! Thank you very much. Sincerely, Geoffrey C. Beckwith Executive Director Enclosure L0 :01 WV h- d3S E10Z C-2 N Join Us In The MMA Annual M The MMA will present its Annual Municipal Website Awards at its Annual Meeting in Boston, on January 24th and 25th, 2414. • The awards will recognize the best municipal websites in four population categories: under 5.000; 5.000- 94.999: 95,000- 49.999: and 50.000 -plus. • Judges will choose one winner in each population category and may; at their discretion, also award an honorable mention. Evaluation criteria for municipal websites: • Clearly branded as the official municipal government site Easily navigable, well- organized and with a robust search function • Up -to -date information (e.g., board and committee members, meetings calendar) • Extensive availability of up -to -date public records (e.g.. board and committee meeting agendas /minutes, municipal budget, town meeting warrant,bylawslordinances) • Functionality, interactivity and convenience (e.g., ability to apply for permits, pay bills,order documents, and file complaints or suggestions) • Information about departments (e-g-, key personnel, contact information, office hours, and department mission or purpose) Contact information, city /town hall address and hours • Visual appeal and overall experience Please fill out this form to enter your community's website. The deadline is October 34, 2013. I Commit My Community TODAY! As the chief municipal official (CMO), I commit to participating in the MMA Municipal Website Awards. Name: Title: Community: Phone: Email: Date: Community's Official Website URL: After entering your information above save this PDF document and email it to: vsclafani@mma.org. You may also fax it to (617) 693 -1314. Thank you. Zs Payment in Lieu of Units - Scenarios • % of market value of development [e.g. Melrose 2% to Brookline 9.75 %] • % of gross square footprint [e.g. Natick $51gsf or Cambridge $4.44Igsf] • X maximum affordable income [e.g. 3x $47,150 (80% limit Boston)] • lump sum /unit [e.g. higher of $200k1unit or 50% diff (market — affordable) BRA] • simplest formula: No payment allowed — must provide units [Cambridge] • 64 bed (6 units) — Difference between a market rate and affordable (rent only — remove cost of services provided) and then present value the cash flow `in perpetuity' [good theoretical basis, yet complex and relies on data that constantly varies] • Non -Profit (Local) — Group Home [good practical solution to provide real housing units, but each situation varies] • Other Housing Group — Habitat for Humanity [good practical solution to provide real housing units, but each situation varies] Payment in Lieu of Units - Solution for Artis • 64 beds => 6 units of affordable housing since all beds will be full -cost, private pay • Three equal payments: (1) prior to receipt of building permit; (2) prior to receipt of occupancy permit; (3) June 1, 2015 or when comprehensive re -write of Zoning Bylaw project completed and approved by state (target date November 2014 Town Meeting); whichever is sooner. • Group homes with bedrooms are the cheapest/fastest solution to provide actual affordable housing in Reading; • Grants and outside funding are often available to supplement purchase for this purpose- assume 25% outside funding (big assumption) • Current median single family home value in Reading is $432,300; • Median SF bedroom count is between 3.0 and 3.5 — assume 3.25 • $432,30013.25 = $133,000 /bedroom x 6 = $798,000 x gap funding 75% = $598,500 • Three payments as described above of $199,500. Third payment waived if zoning has changed to exempt this use from the 10% requirement. If the requirement is put higher, the 10% figure will be grandfathered in for Artis. q�l-b Estimated Communitv Formula Bu out Descri tion Boston For residential developments, the developer must build affordable housing. For non - residential development, $7.87 for every square foot above 100,000 is paid into the Neighborhood Housing Trust. Brookline 3% or 6% of A rent Sliding scale for 6 -15 units developments. Amount is 3% of total sales of calculation the (total sales of all units - 100,000) for 6 units to 6% of the all units would be (total sales of all units - 100,000) for 15 units. needed to determine a comparable amount Cambridge Does not allow payment in lieu of units Canton Federal Assisted Living Per Globe 5/16/13, Brightview Senior Housing will pay a Decennial Units were not minimum of $600,000 for 30 units ($20,000 per unit). Canton Census Units part of this Zoning Bylaws approved last Spring included a Senior X .12 X 27% payment Housing Overlay District. The project includes independent of est. Assess housing units and assisted living. Building Value of Each Unit Medway Median sales A rent AH /IZ bylaw allows for a payment in lieu of construction to be price for calculation paid out over time as each market rate house sells not as single family would be one lump sum. An "equivalent affordable housing unit value" home, past 3 needed to is calculated based on the median sales price for single years determine a family homes during the 3 year period before filing. comparable amount Melrose 2% of total Assume value is In special circumstances the developer is required to make a sales " $12.5 million monetary contribution to the AHTF in lieu of units. Special or market circumstances: topography, infrastructure, drainage, traffic value of all $250,000 and parking (could be others). Payment is determined by the units in Planning Board, with input from the developer, the Building development Commissioner and the City Assessor. At the discretion of the Planning Board, on the basis of the special circumstances as described above, a developer may be required to contribute a combination of affordable units and money. Newton Does not allow payment in lieu of units Peabody Difference A rent Buyout provision existed four years ago. btwn a market calculation rate unit and would be an AFU needed to determine a comparable amount 2.8 to 3.0 2.8 = $792,120 Ex. $47,150 (80% limit 1 person HH, Boston Metro.) Other times the X 3.0 = $141,450 x 6 units = $848,700 (Housing Max. Income 3.0 = $848,700 Or Consultant) Limit 1 person Ex. $47,150 X 2.8 = $132,020 X 6 units = $792,120 Affordable HH q�l-b WFLI Environmental September 10, 2013 Mr. Max Gabriello Perfecto's Caffe 79 North Main Street Andover, Massachusetts 01810 RE: Asbestos Abatement - Sequence 285 Main Street, Reading, MA FLI Project # 13 -1132 Dear Mr. Gabriello: ,•c C- � �- 71161 69 BRIDGE STREET DEDHAM, MA 02026 PHONE 781.251.0040 FAx 781.251.0901 In response to your recent inquiry about the sequence of events upon Perfecto's Caffe (Perfecto's) receiving the demolition permit approval by the town: 1. Perfecto's gave the asbestos abatement contractor the okay to notify for the abatement. This is a ten (10) business day notification — including weekends, that becomes 14 days. Abatement work may not be conducted during this "waiting period ". 2. No demolition which may impact asbestos - containing materials (ACMs) should be conducted prior to the completion of the abatement activities. 3. The abatement contractor (A -Best Abatement) had notified for the asbestos abatement in May of 2013. That notification was voided, however. It is FLI's understanding that during discussions with the Town Planner, Perfecto's representatives were told that the removal of the asphalt -based roofing would be considered by the town to be "demolition ", and that it would not be permitted prior to the approval of both Town and State demolition permits. 4. The lead determination and subsequent removal of lead -based paint (LBP)- coated siding had not yet been completed. It is our understanding that the Town would not allow any demolition activities prior to the LBP -coated materials (wooden siding) had been removed. 5. The ACM abatement was completed on Thursday, September 5, 2013. 6. The LBP- painted wooden materials were removed and disposed of on the afternoon of Friday, September 6, 2013. Prior to Saturday, September 7, 2013, you could not have possibly begun the demolition process. Please do not hesitate to call with any questions. Sincerely, FLI Environmental, Inc. Richard K. Bowen Senior Project Manager Of eke / Y,�d 9w / 13 RE: 258 Main Street, Reading, MA September 10, 2013 On May 2, 2013 we advised Peter Hechenblikner and Jean Delios, that we sent over a company to clean the property and dispense with misc. debris as requested. The abatement company already visually established that there was asbestos on the roof, so we installed a temporary silt fence around the property to secure the area. We also advised that the approximate time needed to obtain a confirmation number from the Department of Environmental Protection and a Demolition Permit from the Town of Reading, was 10 -14 weeks if everyone did what they said they would do. *See attached Letter Dated May 2, 2013 During this time (May 2013- Aug 2013) we diligently were going through the process of obtaining signatures needed for the Demo Permit and DEP confirmation #. We received all the required sign offs with the Gas company being the final one received. The Gas company was one of the first companies we contacted, but they took the longest which was 12 weeks to do the sign off on the Cap and Cut. On July 29, 2013 we received the final sign off which was from the Gas Company. On July 31, 2013, which was two days after receiving our final sign off, we received a letter from Jean Delios telling us that we still have requirements to obtain the demo permit ? ? ? ?? I have no idea why this letter was sent. At this point we have already received all the required sign offs. She is stating that there has been no change in the status of the property as of July 29, 2013. Did she forget that we advised her that it would take 10 -14 weeks from the beginning of May to obtain the permits? Jean Delios actually acknowledges in her July 31, 2013 letter that she is aware of the gas company delay. Why are we being threatened with fines by Robert LeLacheur in his letter of July 31 ", when we cleaned and secured the area in May after given indication that there was asbestos on the property. During this time we were diligently obtaining sign offs for the permit. Upon receipt of his July 31, 2013 letter, I tried to explain the situation and he told me that he did not want to listen to any excuses that he was very familiar with Perfecto's Caffe and for me to talk directly to the Selectmen. No one is more frustrated with the time table of this project than me. I've been paying taxes, I've been paying mortgages, attorneys, engineers etc. My phone calls to Jean and Robert have always been to no avail. *See attached National Grid letter dated July 29, 2013, Jean Delios Letter dated July 31, 2013 and Robert LeLaucheurs letter dated July 31, 2013 We received the Demolition Permit which was signed on August 12, 2013. Our General Contractor went to the town office on August 14, 2013 and spoke directly with Jean Delios letting her know that we received the Demo Permit and that now we were waiting for the DEP confirmation number to deal with the property. Jean told our General Contractor that she had no interest in any of this information and that she was going to enforce all fines depicted in her letter. Jean is very aware of the circumstances with this property _yet instead of working with us to expedite the process, she makes things unnecessarily difficult. The General Contractor called me to tell me of Jean Delios unwillingness to understand the facts and sequence of events, I called Jean immediately. She told me that she was going to go forward with the fines and that the fix would be for me to find and hire a painter to paint the building that would be torn down within two weeks. Essentially she is telling me that I'm either going to endure counter - productive and unnecessary costs by painting the building that will be under demolition in two weeks or endure fines. She wants me to pay one way or another. That is her fix. This is after she was completely kept informed of our step by step process with the process of the property, that was beyond our control. * See attached letter from Jean dated 8/14/2013 There is lead and asbestos on the property and we have to wait for the DEP # to deal with the property. We received the Demolition Permit which was signed on August 12, 2013. On August 23rd 2013, we received confirmation from David MacDonald, the LSP from FLI Environmental who confirmed the job start date was September 3, 2013. I immediately forwarded the information to Chuck Trione so the town was well aware of our demolition date. Once you get the demo permit you still have to forward it to the State for approval which takes about 10 days, then once you receive approval you have to schedule demolition. That is how we came to the date of September 3"" 20". If Jean and Robert understood the timeframe process of obtaining a demo permit, they would understand how unreasonable their demands are and how fining us is completely unfounded. What sense does it make to demand that we paint a building with lead when the lead on the building is scheduled to be removed within two weeks. The Lead should be visible to be removed, therefore, painting the building would be a complete costly and counter - productive process. This is intentional harassment and clear indication that Jean Delios and Robert LeLacheur are not willing to understand the sequential process of this project. Every time I want to make any time change, Jean Delios has made sure that I go through any and all CPDC meetings possible. This is for the smallest thing, for example, one set of plans showed grids on the windows, therefore, she wanted all the plans to show grids. $2000 later, I had all the plans showing the grids per her request. Another example is when our sign was already APPROVED by the CDPC, however, Jean sent me a letter stating that she wants me to go back to the board to have it reviewed again! She states final approval in her letter, but the sign already had received final approval. *See attached letter dated August 30, 2010 There is always an attitude on their part that is condescending and as if they know more than the hired professionals consulting me. An example of this is when she accused the excavation contractor that he used the wrong fill after pumping the septic system. This was just another example of Jean inaccurately scrutinizing the situation. Our contractor used Flow Fill which is the correct fill. *See attached invoice. Jean continually refers to my General Contractor as a bathroom remodeler, which is just another example of her condescending manner. Jean Delios behavior throughout this process depicts harassment and this entire fine outline is specifically designed for me to fail. There is asbestos and lead on the property. The property has been secured for that reason. The property has been the same for approximately six years with the previous owner. Jeans Delios demands on me to paint two weeks before demolition is discriminating. We have gone through the proper steps in the best time that we could to obtain the Demo Permit and DEN. Demolition has already begun on September 3, 2013 as indicated. Our request is that your town planner and manager become mor collaborative and attempt willingness to being informed with the sequential progress cessary for this project. I have complied with all the town's rules and regulations in ge this project complete. In conclusion, we request that these harassing fines be repealed i e ely. of Perfecto's Caffe) From: maxgabriello @hotmail.com To: town manage r @ci. read ing. ma. us; andreag1954 @gmail.com; shellygab @comcast.net; bfgjr @hotmail.com; scott @silverbuilders.net Subject: Order of Events Date: Thu, 2 May 2013 08:38:38 -0400 Order of Events Peter, Yesterday, At your request, I sent over a company to clean the property and dispense with miscellaneous debris. We have an appointment next week with the abatement company to review the property for asbestos and lead. If there is indication of asbestos or lead, they advised that they schedule securing samples in 3 -4 weeks to be sent to the lab. We then have to wait for the results from the lab 2 -3 weeks. Should the abatement company confirm there is asbestos /lead on the property, they have submit a request to the Department of Environmental Protection (DEP) for a confirmation number approving the abatement plan. This should take approx, 2 -3 weeks. During this waiting period, we will install a temporary silt fence around the property to secure the area. We require a Demolition Permit from the Town of Reading, in order to immediately mobilize equipment and manpower to begin roof removal and demolition upon receipt of the DEP confirmation number. The Abatement company has already established there is asbestos on the roof, therefore, it would be optimal to receive the Demolition Permit within the same time frame as the DEP number so no more time is lost. Approximate time needed 10- 14 weeks based on, if all do what they say and when they say ! Any Question call my cell Thank You Max F1Delios, Jean 5/20/13 7o: m Gabriello Cc: Tirone, Charles, Redmond, Glen, Wilson, Jessie, Zami Hi Max Peter did share your email with me when he got it a few weeks ago which prompted my concern about the timing of when you will apply for the permits. Can you provide a more specific timeframe? As you know we are shut down for 4 days for the Memorial Day Weekend. I understand that Conservation has a list of items they will need from you that we discussed and I believe Chuck has gone over with you. I am copying Chuck so he is in the loop. The Conservation requirements must be satisfied before Glen can issue any permits. I am copying Glen as well —note that Glen will not be in the office on Thursday. Jessie or I can help with any of the Planning requirements which we provided when we met last, I am copying Jessie so she has the latest information. Likewise I am copying the Town Engineer George Zambouras and the Town Manager all are included. Best, Jean Jean I Delios Com mnity Services Director /Town Planner Town of Reading 16 Lowell Street Reading, MA 01867 -2685 (P) 781- 942 -6612 8/14/13 Town of Reading 16 Lowell Street Reading, MA 01867 -2683 JEAN DELIOS Community Services Director ! Town Planner Phone: (781) 942 -6612 Fax: (781) 942 -9071 j delio s *d. reading. ma. us After Scott Silver (general contractor) came to the counter this morning, I received a phone call from Max Gabriello concerned about the fines we would be imposing starting 8/15/13 since the demolition of the building was not happening by the stated deadline. After a lengthy conversation with Max Gabriello (property owner), I suggested that we try and find a way to meet the bylaw that wouldn't be a great expense to the property owner but would improve the site. I suggested that the following might be a middle ground that we could strike to meet the Vacant Properties Bylaw, if completed and inspected by 8/15/13: • Graffiti — paint over it with a color that would blend in with the existing facade; • Weeds — remove the weeds from the site as well as the tree lawn on the back side of the sidewalk; • Trash/Debris — Remove all trash and debris. Moving Forward: Fines will resume at the $300 /day rate per letter of 7/31/13 if the following conditions are not met: • Project Schedule — due by 8/19/13; • Fully executed Construction Contracts verifying that the contractors have been hired (with dates) to verify — due by 8/19/13: • All work needed in advance of demolition as previously communicated by the applicant will be completed by 9/3/13 • Demolition to commence by 9/9/13 nationalgrid July 29, 2013 To: Max Gabriello Re: 285 Main Street, Reading, MA This letter is to notify you that after our investigation it has been determined that there is No Gas service a@ 285 Main St, Reading, MA. If you have any questions please feel free to contact me at 781 -907 -2931 Sincerely Linda Gadourey GAS CUSTOMER FULFILLMENT National Grid 40 Sylvan Rd Waltham, Ma 02451 781 -907 -2931 JEAN DELIOS Town of Reading Community Services Director/ Town Planner 16 Lowell Street Phone: (781) 942 -6612 942-9071 Reading, MA 01867 -2683 jde1ios@cI.readIng.ma.us m a.us July 31, 2013 Max Gabriello 79 North Main Street Andover, MA 01810 Re: Pefecto's Caffe 258 Main Street, Reading, MA Dear Mr. Gabdello: Since the Perfecto's Caffe pre - demolition meeting on May 30, 2013 1 understand you have been delayed 8— 10 weeks by the gas company for a cut and cap of service. This is a reminder that there are still conditions that need to be met before a demolition or building permit is issued. Requirements for a Demolition Permit — a building (demo.) permit application, a sign -off sheet is required for all applicable Town Departments, and the fee, as well as: • Conservation - a "Means & Methods" submittal outlining the demolition of the existing structure. Mr. Tirone reminded you of this requirement in a July 2, 2013 email; • Building - a plan showing the location of a pound and post construction fence. If the foundation is to remain in place during demolition of the structure, the site must be secured to prevent unauthorized entry or accidental falls. An As -Built Plan of the existing foundation to ensure that the foundation is replaced in the same exact location; Engineering - documentation that the water and sewer utilities have been cut and capped. Requirements for a Building Permit — a building permit application, any plans or specs per the Mass State Building Code, a sign -off sheet is required for all applicable Town Departments, and the fee, as well as: • Engineering - copies of the State driveway access and utility permit as well as local utility (water and sewer) permits. You must also secure all appropriate excavation permits, including Jackie's Law Permit. • Since you received your Site Plan Review Approval in October of 2009 from the Community Planning and Development Commission (CPDC) we have regularly followed up with you and provided a copy of the Conditions Checklist (see attached). As you know, these conditions must be met before a building permit can be issued. Sincerely, n elios mmunity Services Director/Town Planner Cc: Town Manager, Building inspector, Town Engineer, Conservation Administrator, Director of Public Health, Chief of Police, Fire Chief, CPDC Attachment — Conditions Checklist Checklist for Building & Demolition Permits Last Updated May 22, 2013 (Follows the Conditions listed in the October 2009 Site Plan Review Decision, Janua 14, 2013 Minor Modification Approval, and April 8. 2013 Minor Modification Approval) Subject to the other permitting requirements of the Building Inspector, Director of Public Health, Fire Department and others, the Applicant may file and be issued a demolition permit prior to addressing all outstanding Conditions of the Site Plan Decision dated October 19, 2009. However, the Applicant must address ALL conditions in the original Site Plan Decision including those conditions listed below prior to the issuance of a Building Permit. Items listed in the Conservation Commission's Order of Conditions (per 2009 SPR Decision) Final lighting plan showing the locations of all exterior lighting, the lumen output and the manufacturer specification sheets for the light fixtures. All lighting shall be fully shielded. (Per 2009 SPR Decision and 1/14/13 Minor Modification Approval) Photometric Plan (per 1/14/13 Minor Modification Approval) Final detail of the fence to screen exterior mechanicals on the north side of the proposed building to ensure bike rack and ADA space are not impacted (per 4/8/13 Minor Modification Approval) If mechanicals to be relocated to the roof, revised plan to Town Planner for approval (per 4/8/2013 Minor Modification Approval) A Master Signage Plan submitted to Town Planner for review and Approval prior to submitting for sign permit. The Master Signage Plan shall identify the free - standing sign, the entrance and exit sign (ensuring compliance with regulations for directional /informational signage) and sign for Employee Parking adjacent to the dumpster. (per 2009 SPR Decision and 1/14/13 Minor Modification Approval). A final site plan that shows one way vehicular circulation through the site, the screening of the refrigeration unit AND the employee parking space adjacent to the dumpster clearly marked and labeled. Copies of the Response Action Outcome Statement (RAO) provided to the Town Planner, Conservation Administrator, & Health Administrator demonstrating that the site is in compliance with MGL and DEP requirements. Town of Reading CPDC Site Plan Review Approval October 19, 2009 Perfecto's Caffe, 285 Main Street _X_ Minor Modification from the Zoning Board of Appeals (plans approved by CPDC differed from plans approved previously by ZBA). The ZBA approved the changes as a minor modification to Special Permit Case# 08 -30 on September 16, 2010. A subsequent Minor Modification was issued in March of 2012 by CPDC, Conservation Commission and ZBA for a new foundation. Two full size sets of the Final landscaping plan to Town Planner (per 2009 SPR Decision). Two full size sets of final storm water management plan. One copy to the Town Planner and one copy to the and the Engineering Department with the AutoCAD drawings (per 2009 SPR Decision). ANR Approval through CPDC (Per 1/14/13 Minor Modification Approval). Evidence of site control for the additional acquired land. Shop drawings of mechanicals depicting the dimensions (height, width, depth) of the refrigeration unit along with additional information regarding db count. (1/14/13 Minor Modification Approval) Pre - construction meeting (to be schedule when building permits submitted for Building Inspector and Fire Department review). To be scheduled through the Town Planner's office. *Note: Typically, the Special Permit granted by the Zoning Board of Appeals would expire after two years on March 5, 2011 and the October 19, 2009 Site Plan Review Decision would typically expires on October 19, 2011. However, the Massachusetts Permit Extension Act grants and additional four years for permits issued between 2008 & 2010. New expiration dates are March 2015 and October 2015. Town of Reading CPDC Site Plan Review Approval October 19, 2009 Perfecto's Caffe, 285 Main Street Town of Reading Community Development 16 Lowell Street Phone: (781) 942 -6613 Fax: (781) 942 -9070 Reading, MA 01867 -2683 Website: www.ci.reading.ma.us FINAL NOTICE GENERAL BY -LAW VIOLATION Town Of Reading 16 Lowell Street Certified Mail — Return Receipt Requested July 31, 2013 Owner o Record Location ofProperty To: Max Gabriello 285 Main Street 79 North Main Street Reading, MA, 01867 Andover, MA 01 810 Zoning District: Bus. A Map: 12 Lot: 43 Subject: Violations of Town of Reading, General By -Law There are violations of Section 8. 10, Maintenance of Vacant Buildings and Land of the Reading General By -Laws at your property. This property is in violation of minimum requirements for external maintenance per Section 8.10.2 (below). The BOLDED requirements were observed to be an issue and must be addressed. 8.10 Maintenance of Vacant Buildings and Land All vacant structures and vacant land within the Town of Reading shall be maintained in a safe, secure and clean condition so as not to compromise the health, safety and general welfare of the community. 8.10.2 Minimum Maintenance Requirements: Owners of vacant properties must fulfill the following minimum adequate maintenance requirements for any such property they own: • Maintain vacant properties in accordance with all applicable local and state Sanitary Codes, Building Codes, and Fire Codes. • Maintain vacant properties in a manner that ensures their external/visible maintenance, including but not limited to the maintenance of major systems, the removal of trash and debris, and the upkeep of lawns, shrubbery, and other landscape features. • Remove graffiti, carvings or markings from all structures, signs, walls and fences. • Repair or replace broken windows or doors within thirty (30) days. Boarding up any doors or windows is prohibited except as a temporary measure for no longer than thirty (30) days, unless an extension is approved by the Building Inspector. (Plywood on windows must be removed and windows repaired). ■ For properties vacant for six months or more, the utilities for which have been shut off, remove or cut and cap such utilities to prevent accidents. (Confirm electric utility and gas utility cut -off). Compliance with this section shall not relieve the owner of any applicable obligations set forth in any other codes, regulations, covenant conditions or restrictions, and/or homeowner or condominium association rules and regulations. You were provided relief from Section 8.10.3 Notice of Failure to Maintain Property based on email correspondence dated May 2, 2013, that outlined a plan to move the project forward. As of July 29, 2013, there has been no change in the status of the property. You are hereby provided FINAL NOTICE to resolve the aforementioned violations. Failure to properly address the violations by August 15, 2013, will result in daily recurring fines for violation of the General By -Law as follows: • August 16, 2013 through September 2, 2013: $100.00 per day • September 3, 2013 and thereafter: $300.00 per day You may contact the Building Department at 781- 942 -6613 or visit Glen Redmond, Town Building Inspector, during his office hours to inform him of your corrective actions and to avoid further citations. Mr. Redmond's office hours are 7:00 — 8:30 AM & 12:30 —1:30 PM on Mondays and Thursdays, Tuesdays 7:00 — 8:30 AM & 5:00 — 6:30 PM and Wednesdays 7:00 — 8:30 AM only. Please refer to the enclosed letter from Jean Delios, Community Services Director / Town Planner, regarding outstanding items related to the permitting process for the proposed project. All outstanding fines shall be payable before any permits are issued for the project. Thank you for your prom attention to this matter. Robert W. LeLacheur, Jr. Town Manager Town Of Reading 781- 942 -9043 Cc: Building Inspector, Town Planner See e-mail from Town Planner below. I will call her later to _1S0_: -.an __: '' :...'...ee...i5 .`.i_:.'_he Bu...1:.'.' ..._pecto, ____, Kristine (� go over minor modification to be approved by ZBA and i may try Sheehy F�IrlPr� to stop in and see the Town Planner at that time. Inbox 3190 View contact Junk 161 Drafts 10 Afishne M, Sheehy, Esq. Sent The information contained in this electronic communication may be Deleted 5 confidential and is intended only for receipt and use by the named 2009 -2010 taxs fin aid recipient. If you have received this communication in error, please notify the sender by REPLY communication and immediately delete andrea the message and remove it from your computer. Thank you. arrow general From: Delios, Jean [ mailto :jdelios @ci. reading. ma. us] hair Sent: Monday, August 30, 2010 9:04 AM reading 58 To: Kristine M. Sheehy Cc: McCabe, Abigail rizzo 16 Subject: Perfectos s cummmgmgs Search Results New folder Hi Kristine Hope you had a good vacation fast week. I C Ouick views have distributed the plans to the Town Engineer and a� Documents 107 to CPDC. l think that the signage and the lighting Flagged 13 needs to go back to CPDC for final approval. We gg have made some changes to the by -law and signage��� Photos 166 is now subject to site plan review. We have also had Shipping updates 17 numerous problems with the understanding of our New category "Opaque Background" requirement and are taking extra steps to clarify this. The minutes of the 928/09 meeting indicate that the applicant would come back with a signage plan to fit the by -law. 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