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Home My WebLink About2006-10-03 Board of Selectmen Packeti . ANUUN -I I HONORING THE- KNIGHTS OF COLUMBUS WEEKEND FOR THE PHYSICALLY AND MENTALLY CHALLENGED CHILDREN WHEREAS: The Knights of Columbus in Massachusetts have undertaken the humane project of assisting physically and mentally challenged children; and WHEREAS: Reading Council No. 1031, Knights of Columbus, will be conducting their 30th Annual Fundraising Campaign on the weekend of October 5 -8, 2006; and WHEREAS: Proceeds from this endeavor will be distributed to physically and mentally challenged children in the communities throughout the Commonwealth of Massachusetts. NOW, THEREFORE, WE, the Board of Selectmen of the Town of Reading, Massachusetts do hereby proclaim October 5 -8, 2006 to be KNIGHTS OF COLUMBUS WEEKEND FOR THE PHYSICALLY AND MENTALLY CHALLENGED CHILDREN, and urge all citizens of the community to be aware of this event and to participate fittingly in its observance. THE BOARD OF SELECTMEN Ben Tafoya, Chairman James E. Bonazoli, Vice Chairman Stephen A. Goldy, Secretary Camille W. Anthony Richard W. Schubert a� LEGAL NOTIQE,.. F TOWN OF READING To the'lnlia.bltants of the Town of Reading: You are hereby notified .that. an. .application far. a. change. cp . manager.and chg. nge'o # -Ibc4 tion has. peen, applied . for by Jai Valshnodevi &.Chirag, .Inc. d/b / #. North Side Liquors. The. apply Fation I& for the'premises at 15o Main Street, Readin4 Massachusetts: - Under the. prof • visions of- Chapter •138,'gectio0 15 of- , the Massachusettl General ' Laws; a public heakr4 will= be. held by the Board of Sefectme'n . concerning thi: :application on Tussda October S,'21)06 at 8:001p.rk. the.-selectmen's Meeting Roo 16 Lowell Street, Readiri Massachusetts. 1 'Al.l:..1nterested .parties a Invited to attend or submit iii comments in," writing; or. email W Town Manager at to manager.0chread Ing.rhams. By order c Peter. L. Hechenbleikn& Town Manages' 9/19 Z/ C� /' I ` 2460120000000520 2460120000000530 2460120000000540 CATALDO MARIA HURLEY ROBERT J GREENWOOD NANCY J 25 FAIRMOUNT RD THERESA D HURLEY 6 KENNETH RD READING, MA 01867 27 FAIRMOUNT RD READING, MA 01867 READING, MA 01867 246012000000059& 246012000000062& 2460120000000440 KARABACHI ADAM TRUSTEE MARTIN BRUCE L BEEBE KENNETH P ADAM REALTY TRUST CATHERINE L MARTIN CYNTHIA M. BEEBE 107 SYDNEY ST 521 SUMMER AVE 10 FAIRMOUNT RD BOSTON, MA 02134 READING, MA 01867 READING, MA 01867 2460120000000430 2460120000000420 2460200000000210 ROGERS JAMES F KANE PATRICIA FOLEY PAUL W ELINORE M ROGERS DAVID GALVIN 518 SUMMER AVE 16 FAIRMOUNT RD 62 LEXINGTON ROAD READING, MA 01867 READING,•MA 01867 LEXINGTON, MA 00000 2460120000000410 2460120000000390 2460120000000370 BAUER KAREN A SAYMAN WHIT" C TYRELL DAVID C 11 KENNETH M BAUER KARLEEN M SAYMAN JACQUELINE F STBELE 24 FAIRMOUNT RD 28 FAIRMOUNT RD 38 FAIRMOUNT RD READING, MA 01867 READING, MA 01867 READING, MA 01867 246012000000034 & 2460120000000330 2460120000000320 TYRELL DAVID C H TOWN OF READING CLARK EDWARD J JACQUELINE F STEELE 16 LOWELL ST PAULINE P CLARK 38 FAIRMOUNT RD READING, MA 01867 515 SUMMER AVE READING, MA 01867 READING, MA 01867 2460120000000450 2460120000000400 2460200000000220 DODGE RICHARD H ETAL TRS TARPIN ALBERT A JR LANDON BENJAMIN R PERKINS BUILDING TRUST l 1 TARPIN TERR KATHLEEN M TIBBETTS 12 SPENCER ST READING, MA 01867 512 SUMMER AVE STONEHAM, MA 02180 READING, MA 01867 2460120000000360 2460120000000380 2460120000000250 SPARKS JENNIFER L BUSTIN ALANA J CORKUM GEOFFREY A MATTHEW G HAUCK JOSEPH FUSTOLO JR KAREN N CORKUM 155 MAIN ST 10 TARPIN TER 147 MAIN ST READING, MA 01867 READING, MA 01867 READING, MA 01867 246012000000021& 2460120000000280 2460120000000200 DODGE RICHARD H ETAL TRS DOHERTY PETER E ETAL TRS 117 MAIN STREET LLC PERKINS BUILDING TRUST DOHERTY REALTY TRUST 80 UNDERHILL RD 12 SPENCER ST 163 MAIN ST LYNNFIELD, MA 01940 STONEHAM, MA 02180 READING, MA 01867 2460120000000300 2460200000000010 2460120000000310 READING HOUSING AUTHORITY GALLO MATTEO TRUSTEE READING HOUSING AUTHORITY 22 FRANK TANNER DR OCEANVIEW NOMINEE TRUST 22 FRANK TANNER DR READING, MA 01867 376 NORTH STREET READING, MA 01867 BOSTON, MA 02113 2460120000000290 2460120000000260 2460120000000230 DOHERTY PETER E ETAL TRS DURRANI ZAHID K MDS REALTY LLC DOHERTY REALTY TRUST 151 MAIN ST 125 SUMMER ST 165 MAIN ST READING, MA 01867 BOSTON, MA 02210 READING, MA 01867 q 2460120000000270 2460120000000240 2460190000000270 HUGHES STEPHEN M CIANO ANGELO TRUSTEE MACDONALD TERENCE P 157 MAIN ST ONAIC REALTY TRUST KATHRYN L MACDONALD READING, MA 01867 143 MAIN ST • 190 MAIN ST READING, MA 01867 READING, MA 01867 -3602 2460120000000010 246011000000006A 2460120000000100 CALARESO JOSEPH III BIBERGER CORINNE J CONNOLLY BRIAN WENDY J CALARESO 69 HOPKINS ST PATRICIA M CONNOLLY 24 LILAH IN READING, MA 01867 38 HOPKINS ST READING, MA 01867 READING, MA 01867 2460110000000770 2460110000000780 2460110000000060 DEE FRANCIS J MAREGNI PETER J JR COMEAU FREDERICK H JANET A DAVIDSON -DEE LUCILLE M MAREGNI MARY L COMEAU 36 MILEPOST ROAD 32 MILEPOST RD 61 HOPKINS STREET READING, MA 01867 READING, MA 01867 READING, MA 01867 2460180000000390 2460120000000110 2460120000000120 TOWN OF READING PERKINS'DONIS M CURRAN PATRICK J JR 16 LOWELL ST JANINE PERKINS CURR.AN DANIELLE P. READING, MA 01867 28 WALNUT ST 20 WALNUT ST READING, MA 01867 READING, MA 01867 2460110000000050 246011000000004A 246011000000004B QUANNAPOWTTT PLAYERS LORDAN TIMOTHY J MONTGOMERY ROBERT K PO BOX 12. WANDA L LORDAN ARDELLA S MONTGOMERY READING, MA 01867 51 HOPKINS ST 45 HOPKINS ST READING, MA 01867 READING, MA 01867 2460110000000040 2460110000000520 2460180000000320 OBRIEN JOHN J RAIMO TODD L DAGOSTINO JAMES V PATRICIA A OBRIEN JULIE A RAIMO CAROL A DAGOSTINO 34 WALNUT ST 7 GATEWAY CIR 21 HOPKINS ST READING, MA 01867 READING, MA 01867 READING, MA 01867 246011000000004C 2466180000000330 2460110000000530 VIOLANTE ROSEMARY K ATKINSON GARY M FIORE GERALD A 38 WALNUT ST CAROLE C ATKINSON JANE M FIORE READING, MA 01867 27 HOPKINS STREET 11 GATEWAY CIR READING, MA 01867 READING, MA 01867 2460180000000340 2460180000000350 2460120000000020 NALWALK THEODORE J HARDY RYAN CALARESO JOSEPH JR JANE S NALWALK ELIZABETH HARDY MARY CALARESO 33 WALNUT ST 35 WALNUT ST 28C CARNATION CIRCLE READING, MA 01867 READING, MA 01867 READING, MA 01867 2460120000000160 2460120000000190 2460190000000350 MOBIL OIL CORP LASCHI JOSEPH TR TRAPENI GUY R PO BOX 4973 LASCHI REALTY TRUST MARY BETH TRAPENI HOUSTON, TX 77210 PO BOX 314 492 SUMMER AVE NORTH READING, MA 01864 READING, MA 01867 2460120000000180 2460120000000030 246012000000017& GR.EGOR.IO LOUIS J HARROW MAIN STREET DOYON MAURICE P TR FRANCES A GREGORIO REALTY LLC DOYON RAYMOND M TR 156 HOPKINS ST 136 MAIN ST 103 'TM IBERNECK DRIVE READING, MA 01867 READING, MA 01867 READING, MA 01867 4 C 246011000000007A 2460120000000150 2460110000000080 CH MARILYN E ANDREOTTOLA LORETTA M SIDIROPOULOS HARALAMPOS KO K CH MA HOPKINS ST 489 SUMMER AVE 106 MAIN ST READING, MA 01867 READING, MA 01867 READING, MA 01867 2460110000000070 2460120000000040 246011000000007B AMES CHARLES H NICOSIA JOSEPH M MCARDLE JOANNE A A & M TRUST LAURA E DOOLEY 37 MILEPOST RD 87 HOPKINS ST 68 HOPKINS STREET READING, MA 01867 READING, MA 01867 READING, MA 01867 2460120000000140 2460110000000840 2460120000000050 FEAGLEY JANICE G MCGLINCHEY PAUL M DOWE PATRICK A 483 SUMMER AVENUE NINA L SALETAN CHRISTINE M GRIFFIN READING, MA 01867 29. MILEPOST RD 66 HOPKINS STREET READING, MA 01867 READING, MA 01867 2460120000000060 2460120000000070 2460110000000760 MELIUS JASON DICOSTANZO FRANK L WALLACE JACALYN S KIMBERLY A MELIUS CAROLYNN M DICOSTANZO 75 HOPKINS ST 62 HOPKINS ST 56 HOPKINS ST READING, MA 01867 READING, MA 01867 READING, MA 01867 246012000000013A 2460120000000080 2460120000000130 SHEEDY MICHAEL L TAKEHARA JOANN M COFFEY ROBERT SHEEDY CATHERINE A DAVID G SANFORD GRAU ALICE C 8 WALNUT ST 52 HOPKINS STREET 12 WALNUT STREET READING, MA 01867 READING, MA 01867 READING, MA 01867 2460120000000090 AURITI SILVIO ALBA AURITI 44 HOPKINS ST READING, MA 01867 qc 4 v Page 1 of 1 Marino, Lillian From: Burns, Greg Sent: Friday, September 22, 2006 9:22 AM To: Marino, Lillian Cc: Redmond, Glen Subject: Request for Comments Lillian North Side Liquors: I have reviewed the application for change of location for North Side Liquors to 150 Main Street. I have no objection or comments to the application. C Foods. Venetian Foods: The Fire Department has reviewed the construction documents for this project and has one issue outstanding issue with the project and with the Application to Alter the Premises. The applicant proposes to install a stair lift to allow handicapped access to the basement. It is the position of the Fire Department this is not allowed under the Massachusetts State Building Code without a variance from the Architectural Access Board and the Building Code Board of Appeals. I would recommend that a condition be placed on the application that the installation of any stair lift is in compliance with the Massachusetts State Building Code. Greg q c S 9/22/2006 Carter & Coleman, P. C. 248 Main Street Reading, MA 01867 -3604 Telephone: 78 1-944 -9222 Fax: 781 -944 -3 1 17 . Birhard M. Carter ChriatopherE. Colman Antoinette J. Gondella September 11, 2006 Town of Reading Reading Town Hall 16 Lowell Street Reading, MA. 01867 RE: Change of Location and Manager Jai vaishnodevi & Chirag, Inc. h� Dear Sir or Madam, =. Enclosed please find an application for Change of Manager and Change of Location for the v liquor /package store operated by Jai Vaishnodevi & Chirag, Inc. In addition to the $200 check payable to the ABCC please also find the following documentation 1. Floor plan for new location 2. Appointment of Manager 3. Naturalization Certificate for Anju Patel (new manager) 4. Applicant's Purchase and Sale Agreement with former operator /proprietor Please advise if there is any additional documentation you require in order to process the application. Thank you. Vj"p C an cc: Arvind Patel 4Ca THE COMMONWEALTH OF MASSACHUSETTS ALCOHOLIC BEVERAGES CONTROL COMMISSION 101600017 License Number FORM 43 REAPING City/Town Tune of Transaction (Please check a1_1 relevant trav$actions) ( ) New License ( ) New Officar/Director ( ) ( )' Transfer of License (c� Change of Location ( ) (x) Change of Manager () Alter Premises ( ) ( ') Transfer of Stock JAI VAISHNODEVI & CHIRAG, INC Name of licensee Sepiember09 /2006 Date Pledge of License Pledge of Stock Other FID of Licensee ANJU PATEL Manager 150 MAIN STREET 01867 Address: Number Street Zip Code ANNUAL ALL ALCOHOL PACKAGE STHRE Annual or Seasonal Category: All Aleohol, wine a Malt Type: Restaurant, cauk.Package stop, hm, Ctaaeral on Prwrke, Bic. Description of Licensed Premises: Retail sales space,one storyge space, and walk -in cooler on floor,with rest room in back. One entrance /exit in front and another entrance /exit in back. Application q+as filed: .9 / 12 /06 Advertised: 9/19/.0.6 - Reading Chronicle Date et time note a Publication Abutters Notified x Yes No Person to contact regarding this transaction: Name: Arvind B. Patel Addrpsi:231 Ash street Reading, MA 01867 Phone #:781-944- 149 Remarks: The Local Licensing Authorities By: Alcoholic Beverages Control Comomion Bl�en Woriariy EVcutive Director Remarks: q 67 PETITION FOR LICENSE TRANSACTION THE COMMONWEALTH OF MASSACHUSETTS X CHANGE OF LOCATION PLEDGE OF LICENSE CHANGE OF DB /A CHANGE OF LICENSE TYPE To the PLEDGE OF STOCK CHANGE OF CORPORATE NAME X CHANGE OF MANAGER CORDIALS AND LIQUEURS PERMIT Licensing Board for the The undersigned respectfully petition for Due to fire and damage to entire builing at previous business locationt 1349 Main street Reading,.MA 01867) fi_Ling petition to .change business location to 150 Main street, Reading. MA 01867 Also appointing Aniu Patel as manager to manage the -day to day operation. Form 997 Z1406� Si Title 12 4 Gq The Commonwealth of Massachusetts TheAlcoholic Beverages Control Commission 239 Causeway Street, Suite 200 Boston, MA 02114 f Telephone: 617 - 727 -3040 FAX: 617- 727 -1258 FORM A LICENSEE PERSONAL INFORMATION SHEET THIS FORM MUST BE COMPLETED FOR EACH: A. NEW LICENSE APPLICANT ✓ B. APPOINTMENT OR CHANGE OF MANAGER IN A CORPORATION C. TRANSFER OF LICENSE (RETAIL ONLY -SEC. 12 & SEC. 15) (Please check which transaction is the subject of an application accompanying this Form A.) ALL QUESTIONS MIDST BE ANSWERED AND TELEPHONE NUMBERS PROVIDED OR APPLICATION WILL NOT BE ACCEPTED. 1. LICENSEE NAME TAT_ Y A Z,5 HN 0QE 1%Z- C{-(Zp,q rq x4C (NAME AS [TWILL APPEAR ON THE LICENSE) 2: NAME OF (PROPOSED) MANAGER A N s U. EA-re L • 3. SOCIAL SECURITY NUMBER •4. HOME (STREET) ADDRESS ASH $TAE Q-r ?,EA b1-A1 G MA 013 7 5. AREA CODE AND TELEPHONE NUMBER (S): (Give both, your home telephone and a number at which you'carr be reached during the day). p DAY TIME HOME# (7771 )'714 -.3/ 4 9' 6. PLACE OF BIRTH: KAMPALA ' UCAJII.DA 7. DATE OF BIRTH: 8. REGISTERED VOTER: YES NO 8A WHERE?: 9. ARE YOU A U. S. CITIZEN: ✓/ YES NO 10. COURT AND DATE OF NATURALIZATION (IF APPLICABLE): 7Q L Y * 2 7 - L0-05 (Submit proof of citizenship and/or naturalization such as Voter's Certificate, Birth Certificate or Naturalization Papers) (Over) qcq 1 PUR S Nc5T'TA M As �A�sBEns ' P, 11. FATHER'S NAME: &2 -'T RDAs 12. MOTHER'S MAIDEN NAME: -m t- 13. IDENTIFY YOUR CRIMINAL RECORD, (Massachusetts, Military, any other State or Federal): ANY OTHER ARREST OR APPEARANCE IN CRIMINAL COURT CHARGED WITH A CRIMINAL OFFENSE REGARDLESS OF FINAL DISPOSITION: , YES t/ NO (MUST CHECK EITHER YES OR NO) IF YES, PLEASE DESCRIBE OFFENSE (S) SPECIFIC CHARGE AND DISPOSITION (FINE, PENALTY, ETC.) 14. PRIOR EXPERIENCE IN THE LIQUOR INDUSTRY: �� YES NO IF YES, PLEASE DESCRIBE: 655 t9TED 111 - e -.bA Y To MY MANArgGxEoJT OF ble[A gokrH SIDE - GI QJ"QRS (TA ► vA j5144c 'bEj r 8- CK(RAG IM C.) : f-1 E LPC-b -ra 7AA4AQc fQ RCATS7" CQ-A\J6 3IE/►1'CF /L(QupR .s, be 15. FINANCIAL INTEREST, DIRECT OR INDIRECT, IN THIS OR ANY OTHER LIQUOR LICENSE, PERMIT OR CERTIFICATE: YES NO IF YES, PLEASE DESCRIBE: 16. EMPLOYMENT FOR THE LAST TEN YEARS (Dates, Position, Employer, Address and if known, Telephone Numbers):. oos - 200 6 Ass vs-r,4taT 7AQk _ AtRTH S'IbG . /-14yokr 15�q M.4,4-9r. ,Rr-A -W Qc+o / zoo 2 C+XVIL /Ty C141WC -C M�Efi( LL &,(gC.( CAPt &AiiCGF � MA Loo 1 _ 20ao QUALin Coe.. TrAM i4on MA9COo7_ v4 ETu2 o ks TNC, cAin &Arm MA �9^. 2 -0o S'+o�%oK QA C-AC%t4eG2 �aZAgaQ , ao/M zAA 044, A4' — CggQ 59. QQALrry E;aGi,a6CR 4t'us IS6 -i. cog-P.. Q AMdA'hce-- , MA 17. HOURS PER WEEK TO BE SPENT ON THE LICENSED PREMISES: Hog RS 18. 1 HEREBY SWEAR THAT UNDER THE PAINS AND PENALTIES OF PERJURY THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. BY: 9 (3 oc O GER SIGNATURE DATE FffUMV#MF0X1W MR8WV* IMW0VIA&WPD 9199 BE «T [4 TTY Floor Plan for North Side Liquors 150 Main St., Reading, MA 19' as, LA APPOINTMENT OF ANJU PATEL AS MANAGER FOR NORTH SIDE LIQUORS 150 MAIN STREET READING, MASSACHUSETTS 01867 I, Arvind B. Patel being President, treasurer as member of the Board of Directors of Jai Vaishnodevi & Chirag, Inc., do hereby appoint Anju Patel as manager of North Side Liquors, 150 Main Street, Reading, Massachusetts. This is by vote of 50 shares of common stock (no per value) out of 100 shares, on the day, September 8, 2006. IL'�. ... nd B. Patel, President/clerk 9 G13. mmlmll. -QD 'rksm Jam. FEMALE el, 4 mollift, 6"4&0� v m/ , &&ws&yG' & IT IS PUNISHABLE BY U. S. LAW To Copy, PRINT OR PHOTOGRAPH THIS CERTIFICATE, WITHOUT LAWFUL AUTHORITY. FORM NIM - - &A W. T �z - 7 44el:, K� F - x A= S wylR i ��A, affoA4tz. o - U 0 SACI 60 W-CH 0 2. PURCHASE AND SALE AGREEMMNT PARTIES This ASSET PURCHASE AGREEMENT (the "Agreement ") is entered into on this Nit day of fftcembar 2004, by and between North Side Liquors, Inc., a Massac usetts corporation, c/o Joanne M. Roy, with an address of 159 Apache Way, Tewksbury, Massachusetts 01876 d /b /a North Side Liquors ( "Seller ") and Jai Vaishnodevi & Chirag, Inc., a Massachusetts corporation, c/o Arvind B. Patel, with an address of 231 Ash Street, Reading, Massachusetts 01867 (`Buyer "). PURCHASE AND SALE Seller agrees to sell and Buyer agrees to buy substantially all -the assets (the "Assets ") of North Side Liquors, Inc. (d /b /a North Side Liquors, the "Business ") located at 1349 Main Street, Reading, Massachusetts 01867. 2.1' Purchased Assets. The "Purchased Assets" shall mean the following assets used in connection with the business on hand at the Subject Premises, as defined herein: a) The machinery, equipment, and other personalty listed on attached Exhibit A to this Agreement and used in connection with the package store business North Side Liquors operated and conducted by Seller located at 1349'Main Street, Reading, Massachusetts (the "Subject Premises "); b) The general intangibles and goodwill associated with the Business of the Seller including, without limitation, the right to apply for a Lottery License and a Liquor License. Excluded from the Assets are: a) All of Seller's business bank accoun d cash on hand; b) All of Seller's prepaid fees and deposits for utility services, insurance, licenses, and other such fees and deposits. 2.2 Purchase of Inventories at the Closing. In addition to the Purchased Assets, Buyer shall purchase, for a separately stated purchase price to be determined in accordance with the provisions of this dW Section as set forth below, substantially all inventories of the Business on hand at the Subject Premises at the time of Closing (The "Inventories "). The purchase price for the .Inventory shall be at Seller's cost as verified by its Inventory Records. The inventory shall be taken by Seller and Buyer, or their respective representatives. The verification of Seller's cost and the physical inventory shall take place immediately prior to Closing. 3. PURCHASE PRICE The agreed purchase price for the Assets described in paragraph 2 above and the consideration for the non - compete agreement (see paragraph 8) agreed to by Buyer and Seller is $100,000.00 Said purchase-price shall be payable as follows: a)•$5,000.00 deposited with Vernon A. Martin, Inc.(the "Broker ") to be held in escrow pursuant to this Agreement; $5,000.00 additional deposit at the time of the signing of the Purchase and Sales Agreement; b) $90,000.00 at closing in the form of a certified check or bank cashier's check. 4. CLOSING ADJUSTMENTS At closing, all items normally adjusted upon the purchase of a business shall be made, including: a) Rent security deposit and other amounts due pursuant to the Lease; b) Utility charges and deposits; c) Inventory on hand minus invoices for items ' purchased; Inventory Agreement attac (Exhibit B). 5. CLOSING -to The closing shall take place at the office of Vernon A. Martin, Inc. located at 200 Corporate Place, Peabody, Massachusetts on or before February 20, 2005. Provided Buyer is diligently pursuing all.licenses and approvals as described in this agreement,'Buyer may extend the closing date until such time as licenses and approvals have been obtained. In the event Buyer has not obtained said licenses and approvals by April 30, 2005, Seller may terminate this Agreement by written notice to Buyer. • 2 ` s V\ y sr ;f 6. CONDITIONS OF SALE The Buyer's obligations under this Agreement are contingent upon the following: a) Execution of a lease for current business location satisfactory to Buyer; b) Obtaining approval from the Town of Reading for the transfer of Seller's currently held liquor license; c) Obtaining approval from the Massachusetts ABCC for transfer of Seller's currently held liquor license; d) Obtaining approval from the Massachusetts Lottery Commission for permission to sell lottery tickets at the premises. 7. CONDUCT OF BUSINESS Seller warrants that, pending the closing and since the date of the acceptance of the offer, Seller shall: a) Conduct the Business in its ordinary course; b) Enter into no contract or incur any commitment for the Business extending beyond the closing date (except for the normal reorder of inventory) without Buyer's consent; c) Except as.requested by Buyer, maintain the Assets of the Business in substantially the same condition as at present, reasonable wear and tear excepted; d) Except as requested by Buyer, use best efforts to preserve the Business organization intact, and to preserve the goodwill of the suppliers and customers of the Business; ' e) Perform all material obligations un reements relating to or affecting its assets,. erties, and rights; f) Keep in force all insurance on the Business through the time of closing; g) Provide the Buyer with full access to the books and records of the company and full disclosure of all financial information; h) All tax returns have been filed by the company and a 3 4k '.r a Certificate of Good Standing is obtained from the Massachusetts Department of Revenue; i) The Seller is in compliance with all Federal and State laws related to the conduct of its business; j) No collective bargaining agreement exists; k) No leases exist other than for the property lease. Buyer acknowledges that despite Seller's efforts Seller cannot ensure Buyer that all suppliers and customers of the Business will continue to deal with Buyer after the closing. 8. COVENANT NOT TO COMPETE Seller agrees, as part of this Agreement, not to engage in the liquor store business for a period of two years and not within two miles of the business premises in Reading. 9. LEASE Buyer is exclusively responsible for negotiating a new lease for the Premises with the landlord. Seller will cooperate with Buyer and landlord in the execution of such new lease. 10. WARRANTIES AND REPRESENTATIONS OF SELLER a) Seller will warrant and defend the title to said Assets described in paragraph 2 against the lawful claims and demands of all parsons and shall deliver to the Buyer at the closing "' Bill of Sale in the form attached hereto as Exhibit C which is incorporated herein by reference, conveying good title to said Assets, free from all encumbrances; b) Seller further warrants ' and -represents that there are no claims threatened or'pending in any court against any of the assets being sold herein and to the best of her knowledge there are no-known circumstances which would adversely'aff ct the business in the future; c) Seller further agrees to indemnify and hold harmless Buyer against any losses, damages, or expenses incurred or sustained by Buyer as a result of: (i) Any breach by Seller or the Shareholders of any of the representations or warranties made by Seller or the Shareholders in this Agreement or-in any Schedule delivered by Seller or the Shareholders in accordance ..♦ .1Y.. .... ..�. 4 LA C/ 1K f� with any provision of this Agreement; (ii) Any breach by Seller or Shareholder of any covenant or agreement in this Agreement; (iii) The conduct of the Business prior to closing; (iv) Any liability or obligations of the Business not specifically assumed by Buyer hereunder; (v) All actions suits, proceedings, demand, assessments, judgments, costs, and expenses including without limitation reasonable attorneys' fees incident to the foregoing. d) Except for breaches of representations made by Seller or Shareholder in connection with title to assets hereof, which shall survive forever, and regarding taxes, which shall survive until the expiration of the statute of limitation for tax periods of Seller ending on or prior to the Closing Date, Seller shall have no indemnification obligations.-to Buyer under this Agreement with respect to.any damages resulting from breaches of representation- by Seller or the Shareholders which are not asserted in writing within two years from the Closing Date. 11. FINANCIAL RECORDS Buyer acknowledges and agrees that Seller has provided all -financial records requested by Buyer, and that Buyer has'had a sufficient period of time for review of such records, and that Buyer is satisfied with the results of said - review. 12. BROKER Buyer and Seller agree that the Broker named in Paragraph 3 above arranged for the sale of the Business: At the closing, Seller shall pay the Broker's commission for professional services in the amount previously agreed upon between Seller and Broker. The parties further warrant they have been advised of the following: a) Broker is an agent of the Seller and does not represent the Buyer in this transaction; b) Broker has made no audit of the Seller's Business; c) Broker has been a conduit for information 5 G1 communicated between the parties but has made no verification of any information. Further, the Buyer and Seller indemnify and hold Broker harmless with respect to any component of this transaction and warrant they have performed their own due diligence as appropriate and have not relied on Broker for any information whatsoever. 13. DEFAULT If Buyer fails to comply with Buyer's obligation to purchase the Business, Seller shall, retain Buyer's deposit as liquidated damages, and this shall be Seller's sole and exclusive remedy. Broker shall receive fifty percent,of the amount Seller retains. 14. NOTICES All notices under this Purchase and Sale Agreement shall be given by certified mail: TO SELLER: North Side Liquors, Inc. c/o Joanne M. Roy 159 Apache Way Tewksbury, MA 01876 TO BUYER: Jai Vaishnodevi & Chirag, Inc. c/o Arvind B. Patel 231 Ash St. Reading, MA 01867 TO BROKER: Vernon A. Martin, Inc. 200 Corporate Place Peabody, MA 01960 15. BINDING AGREEMENT This Agreement shall bind the parties hereto,-.their legal representatives, successors, and assigns. 16. SURVIVAL The terms of this Agreement shall survive the closing. 17. TIME Time is of the essence in the performance of.this contract. 6 �� Vernon A. Martin, Inc., Broker EXHIBIT A EQUIPMENT, FURNITURE AND FInmMs Wine refrigerator and all related equipment All equipment related to walk -in cooler All shelving and racks Cash register Credit card machine Telephone and answering machine Photocopy machine All lighted signs Vacuum cleaner and shop vac Television Microwave oven Security system, including all alarm sensors, cameras, and VCR Sump pump and dehumidifier in basement Ladder Dolly All furniture except for swivel chair All supplies The following items shall remain in the store but are owned by various distributors /vendors: Lottery machine Ice freezer Neon signs The following items are not included: Computer, printer, and all related equipment Small stereo Typewriter Any hand tools 8 � ez 1� .•S EXHIBIT B NNEVIVA 0 ai The price to be paid for inventory remaining shall be determined by establishing the value of the inventory and subtracting the total of all outstanding invoices associated with acquisition of the inventory. Buyer agrees to pay for all outstanding invoices as they become due. 9 r EXHIBIT C BILL OF SALE KNOW ALL PERSONS BY THESE PRESENTS THAT In consideration of the sum of $ as set forth in the Purchase and Sale Agreement, paragraph 3, the receipt and sufficiency of which are hereby:acknowledged, paid by does hereby grant, sell, transfer, convey, and deliver unto the said Buyer those assets, contract rights, licenses, and other property (collectively, the "Property ") described in said Purchase and Sale Agreement of , without limitation, all of the equipment, furnishings, fixtures, inventory, and personalty listed on Exhibit A, which is attached hereto and incorporated herein. To have and to hold each and all of the said property to the said Buyer and its successors and assigns, to their own use forever. And the said Seller , d /b /a covenants that she•is lawfully empowered to convey such property; that the said property is free from all liens and encumbrances except as outlined in and that she will warrant and defend the same against the lawful claims and demands of all persons. IN WITNESS WHEREOF, hereunto sets its hand and seal this day of 2005. 10 ,� c I. Int <III:J (flit hij LESSOR, which expression shall include heirs, successors, and assigns where I context so adn►Ils, does hereby lease to North Side Liquors ' LESSEE, which expression shall Include successors, executors, admi 2. PREMISES strators, and assigns where the context to admits, and the LESSEE hereby leases the following describ f/Ilibr and inrJrrdr, premises: retail store approximately 925 sf located at: ilapPlicabie,suite 150 Hain'Street, Reading, MA 01867 ( Premises ) nuurber, fioor number, and square feet) logeihar with the right to use in• common, with others entitled Iherelo,.the hallways, stairways, ant elevators, necessary for access to said leased premises, and lavatories nearest thereto. 3. TERM The term of this lease shall be for 2 years (rill br) commencing on September 1, 2006 and ending on August 31, 2008 With an option to renew, should both parties agree, for 5 years* 4. RUNT 'Tile LESSEE shall pay to ilia LESSOR rent at the rate of 621,600 (Jlil br) dollars per year, payable in advance In monthly Installments o7 61, 800 Renewal terms will be finalized at renewal time, but will includ w cost of living increase of 5g for the first and third years S. SECURITY upon the execution or this lesso, the LESSEE shall pity to the LESSOR the amount of ;1,800 DEPOSIT dollars, which shall be hold as a security for the LESSEE's per. (/iRhil formance as herein provided and refunded to the LESSEE M ilia and of this lease subject to the LESSL•L• "s satisfactory compliance with the conditions hereof. 6. RUNT Tile LESSEE stall pay to the LESSOR as additional rent twelve and a half Por cent of any ADJUSTMENT increase in operating expenses, defined for file purposes of this agreement as . snow removal. snow plowing, landscaping; common area maintenance, common area utilities and 12 1/2 per cent or any Inc-masa in real estate taxes levied against the land and building, of which the leased preftes are a part, over those incurred or levied during the calendar year ending 2006 This Increase shalt be prorated should this lease terminate before the end of any calendar year. The LESSEE shall make payment within thirty (30) days of.wrillen notice from (lie LESSOR that such operating expenses, or increased taxes, are payable by the LESSOR. 7. UTILITIES The LESSOR shall provide and LESSEE shall pay for all LESSEE's utilities, water and sewer use charges, (flit btordelete) except Lessee agrees to put gas stility service and electric utility and savices services to premises in Lessee's name and pay for sane services LESSOR agrees to furnish reasonable host to the leased premises, the hallways, stairways, elevators, and'lavelories during normal business hours on regular business days of the healing scison of each year, to furnish elevator service and to light passageways and stairways during business hours, and to furnish such cleaning service.as Is customary in similar buildings in slid city or town, all subject to Interruption due to any accident,, to the making of repairs, alterations or improvements, to labor difficuflies, to trouble in obtaining fuel, electricity, service or supplies from ilia. sources from which they are usually obtained for said building, or to any cause beyond the LESSOR's control. 8. USE OF LEASED The LESSEE shall use ti►e leased premises only for tilt purpose of General office and genere PREMISES retail use, so long as such use is in compliance with all zoning (/I11 br) and health bylaws and with all regulations and law. 9. COMPLIANCE The LESSEE acknowledges that no trade or occupation shell be conducted. In the leased premises or use WITH LAWS made lhereof•which. will be unlawful, Improper, noisy or offensive, or coal rary to any law or any munici- pal by-law or ordinance in force in the city or town, in which the premises are situated. Lessee is / • solely responsible for obtaining any and all permits and licenses for lessees use of the praRlses to. FIRE The LESSEE dudl not permit any use of the leased premise: which wfli make voidable any insurance on 1 INSURANCE the property of which the lased prsmba area pert, or on the contents of raid property or which dub be contrary to any law or regulation from time to time established by tiu New England Fire •Insunmce ivy\ Rating Association, or any "or body suti eeding to its power. The LESSEE shall on demand reim- burse the LESSOR, and all other tenants, all extra insurance premiums caused by the LESSEE's use of The premises. 1 I. MAINTENANCE The LESSEE agrees to maintain the leased premises in ilia sane condition as they are at the commence. OF PREMISES men) of the term or as they may be put in during the term of this lease, reasonable wear and tear, damage by fire and other casualty only excepted, and whenever necessary, to replace plate glass and other sits therein, acknowledging that the leased premises are now in'guod order and the loss& whole. Tilt LESSEE shall not permit the leased premises to be overloaded, damaged, stripped, or defaced, nor suffer any waste. LESSEE shall obtain written consent of LESSOR before erecting any sign on the premises. 12. ALTERATIONS — The LESSEE shall not make structural alterations or additions to lite leased premises, but may make ADDITIONS non - structural alterations provided the LESSOR eonschts thereto in writing, which consent shall not be unreasonably withhold or delayed. All siteh allowed alterations shall be at LESSEE's expense and shall be in quality at least equal to the present conlructiun. LESSEE shall not permit any mechanics' lions, or similar liens, to remain upon the teased premises for labor and material furnished to LESSEE or claimed to have been furnished to LESSEE In connection with work of any character performed or claimed to have been performed at the direction of LESSEE and shall cause any such lien to be released of record forthwith without cost to LESSOR. Any alterations or improvements made by the LESSEE shelf become the property of the LESSOR at the termination of occupancy as provided herein. 11 ASSIGNMENT— The LESSEE shall not assign or sublet Cite whole oh any part of the leased premises without LESSOR's SUBLEASING prior written consent, which consent shall not he unreasonably withheld or delayed. Notwithstanding such consent, LESSEE shall remain liable to LESSOR for the payment of it rent and for tie full performance of the covenants and conditions of This lease. 14. SUBORDINATION This lease shall be subject and subordinate to any and all mortgages, Beads of trust and other Instruments in the nature of a mortgage, now or at any time hareaRer, a lien or lions on the property of which the leased premises are a part and the LESSEE site)], when requested, promptly execute and deliver such written instruments as shall be necessary to slow tie subordination of this lease to said mortgages, deeds of trust or other such instruments in the nature of amurlgage. 1 S LESSOR'S The LESSOR or agents of ilia LESSOR may, of reasonable limes, enter to view the leased premises and ACCESS may remove placards and signs not approved and affixed as herein provided, and make repairs and alter- ations as LESSOR should elect to do and may show the leased premises to others, and at any time within three (3) months before the expiration of live term, may affix to any suitable part al' the ,leased promises a notice for letting or selling the leased premises or property of which the leased premises are a part and keep the same so affixed without hindrance or molestation. Ib. INDEMNIFI- The LESSEE shall save tine LESSOR harmless from all loss and damage occasioned by the use or escape CATION AND of water or by the bursting of pipes, as well as from any claim or•dtmage resulting front neglect in not LIABILITY removing snow and lee from lire roof of the building or from the sidewalks bordering upon line premises (Jill in) so leased, or by any nuisance nude or suffered on lite leased premises, unless such loss is caused by the neglect of Ilia LESSOR. The removal of mow and ice from the sidewalks bordering upon tleleased pfamises shall be responsibility. 17. LESSEE'S LIABILITY The LESSEE shall maintain with respect to the leased promises mid the propartyy of which the leased premises are a part, comprehensive public liability insurance In the amount of 1,Ob0,000.00 INSURANCE with property damage insurance in lindU of 1, 000, 000.00 (fill (n) In responsible companies qualified to do business in Massachusetts and in good standing therein insuring the LESSOR as well as LESSEE against injury to persons or damage to property as provided. The LESSEE shall deposit with the LESSOR certificates for such insurance at or prior to the commencement of ilia term, and thereafter within thirty (30) days prior to the expiration of any such policies. All such insur- ance certificates shall provide that such polities shall not be cancelled without at least ten (10) days prior written notice to each assured named therein. All such insurance• policies shall n r and list lessor as an additional insued. Ili. FIRE, Should a substantial portion it( the lased premises, or of ilia property of which tiny are a part, be sub- CASUALTY— stantially damaged by fire or other casualty, at be taken by eminent domain, the LESSOR may elect EMINENT to terminate this lease. when such fire, casually, or taking renders the leased promises substantially DOMAIN unsuitable for their intended use, a Jost and proportionate abatement of rent shall be made, and the LESSEE may elect to terminate this lease if: (a) The LESSOR fails to give written notice within thirty (30) days of intention to restore leased promises, or (b) The LESSOR fails to restore (lie leased premises to a condition substantially suitable for their intended use within ninety (90) days of said fire, casualty, or taking. The LESSOR reserves, and the LESSEE grunts to the LESSOR, all rights which the LESSEE may have for damltgea or injury to the leased premises for any taking by eminent domain, except for damage to the LESSEE's fixtures, property, or equipment. EACH OFFICE INDLF i t11.01ILY 0WHED AHD OPERATED L� cab AND (a) " The LL'SSrE shall default in the •payment of any butallnend of rent or seder $um 11Crnin BANKRUPTCY specified and such default shall continue for let, (h0) 4 ys alter written notice lhereuf• or (b) The LESSEE shall default in ilia observance or performance of any other of the LESSIZI covenants, agreements, or obligations hereunder and such default shall not be corrected within thirty (30) days after written notice thereof; or (c) The LESSEE shall be declared bankrupt or insolvent according to law, or. if any assignment shall be made of LESSEE's property for the benefit of creditors, then the LESSOR shall have the right thereafter, while such default continues, to reenter and take complete possession of the lased premises, to declare the term of this lease ended, and remove the LESSEE's effects, without prejudice to any remedies which might be otherwise used for arreors of rent or other default. The LESSEE shall indemnify the LESSOR against all loss of rent and other payments which the LESSOR may incur by reason of such termination during Ile residue of the term. If lice LESSEE shall defaull, after reasonable notice thereof, in ilia observance or perfdrmance of any condi. lions or covenants on LESSEE's part to be observed or performed under or by virtue of any of the provisions. In any article of this lease, the LESSOR, without being under any obligation to do so and without thereby waiving such default, may remedy such default for the account and at the expense of the LESSEE. If the LESSOR makes any expenditures or incurs any obligations for lie payment of money in connection therewith, Including but not limited to, reasonable attorney's fees in instituting, prosecuting or defending any action or proceeding, such sums paid or obligations insured, with interest at the rate of 18%* per cent per annum and costs, shall be paid to the LESSOR by the LMEE as additional rent. *(Eighteen) 20. NOTICE Any notice from the LESSOR to the LESSEE relating to the lased premises or to.lhe occupancy thereof, 011 in) shall be deemed duly served, if left at the leased premises addressed to the LESSEE, or, if mailed to the leased promises, registered or certified mail, return receipt requested, postage prepaid, addressed to the LESSEE. Any notice from the LESSEE to the LESSOR relating to the leased premises or to the occupancy thereof, shall be deemed duly served, if mailed to the LESSOR by registered or codified mail, return receipt requested, postage prepaid, addressed to the LESSOR at such address as the LESSOR may from time to dune advise in writing. All rent and txttices shall be paid and sent to the LESSOR at Laschi Realty Trust, P.O.Box 314 North Reading, MA 01864 21. SURRENDER The LESSEE shall at the expiration or other termination of this lease remove all LESSEE's goods and effects from the leased premises, (including, without hereby limiting the generality of the foregoing, all signs and lettering affixed or painted by the LESSEE, either inside or outside lite leased premises). LESSEE shag deliver to the LESSOR the leased premises and all keys, lucks thereto, and other fixtures connected therewith and all alterations and additions made to of upon llte leased premises, in the same condition u they were at the commencemem of Ilia term, or as they were put in during the term hereof, reasonable wear and tar and damage by fire or other casualty only excepted. In ilia event of the LES- SEE's failure to remove any of LESSEE's property from the premises, LESSOR is hereby atxthortu d, without liabillty to LESSEE for loss or damage thereto, and at, ilia sole risk of LESSEE, to remove and store any of the property at LESSEE's'expense, or to retain sane under LESSOR's control or to sell at public or private ale, without notice any or all of the property not so removed and to apply tie net proceeds of such ale to the payment of any sum-due hereunder, or Its destroy such property. 22. OTHER It is also understood and agreed that PROVISION A) Lessee agrees that no previous Lessee, subtenant or assignee of 150 -154 Main Street, Reading, MA who has been served with a notice to quit by Lessor, shall be deemed an-acceptable sublessee or assigne B) Lessee agrees to obtain a dumpster at Lessees own cost and w4ll local such dumpster in accordance with Lessor's direction. C) Agrees to personally guarantee Lessees obligation under this lease: IN WITNESS WIIL•REOF, the LESSOR and LESSEE have hereunto set their Ihonds and common seals this day of 19 EACH OFFICE INDEPf.?.MIT! Y OWNED AND OPERATED �� Floor Plan for North Side Liquors 150 Main SL, Reading, MA 19' - 48, �C'Ip • Re.a CO-OPERATIVE BANK ACCOUNT: PA,F• 05%31/2006 DOCUMENTS: 1 JAI VAISHNODEVI & CHIRAG INC D /B /A NORTH SIDE LIQUORS 30 231 ASH STREET READING MA 01867 ssssssmssssmm asm- mmsms smms asasa maa sm sss ssaamaaaaa----------- mammmmmaosssasamaaam . COMMERCIAL CHECKING ACCOUNT : asssaassssmmas ssass ssssasssmsssssssassasmmss mssssmsaamsssaasmaamassmaamaama maaa LAST STATEMENT 04/28/06 6,451.38 MINIMUM BALANCE 4,016.38 CREDITS .00 AVG AVAILABLE BALANCE 5,236.53 2 DEBITS 2,435.00 AVERAGE BALANCE 5,236.53 THIS STATEMENT 05/31/06 4,016.38 —— — — — — — — — — CHECKS —— — — — — — — — — CHECK ..DATE...'... AMOUNT CHECK #..DATE...... AMOUNT CHECK #..DATE...... AMOUNT 125 05/03 400.00 - - - - - - - OTHER DEBITS - - - - - - - - - DESCRIPTION DATE AMOUNT ECOM XFER TO VALUE CHECKI 16091100 ON 05/18 AT 15 :09 CONFJ 05/18 2,035.00 418266033. —— — — — — — — DAILY BALANCE — — — — — — — — DATE......... BALANCE DATE......... BALANCE DATE ........... BALANCE 05/03 6,051.38 05/18 4,016.38 180 Haven Street Reading, MA 01867 MEMBER FDIC MEMBER SIF tel 781.942.5000 www.readingcoop.com IZ EQUAL HOUSING LENDER Re2i.a.g, caoPewATIVE BANK ACCOUNT: DOCUMENTS: CHIRAG D /B /A NORRTTHDSIDE &LIQUORS INC 231 ASH STREET READING MA 01867 PACF. 1 1 30 0 1 sssss ass ass ass as ssssssssssssss ssasassamamasssssssssa.+- - - - - -- . -- ssaaaassssssss COMMERCIAL CHECKING ACCOUNT sssssssssssssn:ss :s sass seas:: asaaaaaaasasssassssasassssaasassassssasaaaa ::::sass LAST STATEMENT 07/31/06 1,427.71 MINIMUM BALANCE 627.71 1 CREDITS 1,000.00 AVG AVAILABLE BALANCE 1,427.71 2 DEBITS 1,815.00 AVERAGE BALANCE 1,427.71 THIS STATEMENT 08/31/06 612.71 — — — — — — — — — — DEPOSITS — — — — — — — — — — REF # ..... DATE ......AMOUNT REF #.....DATE ...... AMOUNT REF # ..... DATE ...... AMOUNT 08/14 1,000.00 — ——— — — — — — — CHECKS — — — — — — — — — — CHECR ..DATE...... AMOUNT CHECK #..DATE...... AMOUNT CHECK #..DATE...... AMOUNT 125 08/22 1,800.00 OTHER DEBITS DESCRIPTION DATE AMOUNT SERVICE CHARGE 08/31 15.00 — — — ITEMIZATION OF SERVICE CHARGE PAID THIS PERIOD — — — TOTAL CHARGE FOR MAINTENANCE FEE: 15.00 —— — — — — — — DAILY BALANCE — — — — — — — — DATE......... BALANCE DATE ........... BALANCE DATE........ .BALANCE 08/14 2,427.71 08/22 627.71. 08/31 612.7L Lvc3 °, 180 Haven Street Reading, MA 01867 MEMBER FDIC MEMBER SIF tel 781.942.5000 www.readingcoop.com Q EQUAL HOUSING LENDER I 3,, ••' �:l % - ACCOUNT: DOCUMENTS: PAr.F 0 JAI VAISHNODEVI & CHIRAG INC D /B /A NORTH SIDE LIQUORS ITF MA STATE LOTTERY 30 231 ASH STREET 0 READING MA 01867 0 s: sas assasasaaxaa saaaassssssss smssssssasassssaar= =-- r = =ss:sssssss:ssssasssssesss VALUE CHECKING ACCOUNT : ssas:: sssasssssssssssas sseasxaxaaaaasssaassassaasavassas :sssssaaasssasaasasa -mm LAST STATEMENT 06/30/06 2,667.93 MINIMUM BALANCE 167.93 CREDITS .00 AVG AVAILABLE BALANCE 1,700.18 1 DEBITS 2,500.00 AVERAGE BALANCE 1,700.18 THIS STATEMENT 07/31/06 167.93 — — — — — — — OTHER DEBITS — — — — — — — — — DESCRIPTION DATE AMOUNT ECOM XFER TO COMMERCIAL C 17005919 ON 07/20 AT 09:00 CONF# 07/20 2,500.00 402113587. —— — — — — — — DAILY BALANCE — — — — — — — — DATE........... BALANCE DATE...........BALANCE DATE ........... BALANCE 07/20 167.93 c� c31 180 Haven Street Reading, MA 01867 MEMBER FDIC MEMBER SIF tel 781.942.5000 www.readingcoop.com Q EQUAL HOUSING LENDER GARY S. BRACKETr ELAINE M. LUCAS JUDITH A. PICKETT JAMES T. MASTERALEXIS STEVEN C. FLETCHER* ELLEN CALLAHAN DOUCECTE DONNA GORMEL COHEN HEATHER C. WHITE *Also Admimed in ME and CO VIA ELECTRONIC AND FIRST CLASS MAIL Chief James Cormier Reading Police Department 16 Union Street Reading Ma 01867 BRAG TT & LucAs COUNSELORS AT LAW 19 CEDAR STREET WORCMM R, MASSACHUSETTS 01609 508- 799 -9739 Fax 508 -799 -9799 August 23, 2006 Re: Local Authority to Approve Traffic Signs — Process/Procedure Dear Chief Cormier: WINCHESTER OFFICE 165 WASHINGTON STREET WINCHESTER, MASSACHUSETTS 01890 781-729-1500 Fax 781 729 -5444 E -Mail: ECDouceme®BrackexLucas.com N a You contacted this office seeking clarification of an issue that has arisen relative to the process/procedure applicable to the Board of Selectmen's authority to approve the location of traffic signs, more specifically, to approve the erection of stop signs on public roads within the Town of Reading which approval may or may not be granted in accordance with applicable MassHighway standards. You also inquired as to what, if any, consequences would result should a sign be erected in contravention of applicable standards. As you know, the regulation of traffic control signs and devices on public ways is reserved to the Commonwealth, by and through MassHighway. However, M.G.L. Chapter 85, §2 provides that local regulations, orders, rules and by -laws relative to "the erection or maintenance of signs, traffic control signals, traffic devices, school zones, parking meters or markings on any within its control shall take effect without [MassHighway] approval provided such signs, traffic control signals, traffic devices, .. . are in conformance with the department's current manual on uniform traffic control devices ..." Thereafter §2 sets forth specific exemptions to the approval of signs, not applicable here, that still require MassHighway approval before they become effective. 14 di I MassHighway's current manual, as referenced above, is a lengthy document entitled "Manual on Uniform Traffic Control Devices 2003 Edition with Revision Number 1 Incorporated, dated November 2004" (the "MUTCU).' As organized, the provisions of the MUTCD set forth "Standards" which, as defined therein, are "statement[s] of required, mandatory, or specifically prohibitive practice[s] regarding a traffic control device ". and "Guidances" which are defined as "statement[s] of recommended, but not mandatory, practice in typical situations, with deviations allowed if engineering judgment or engineering study indicates the deviation to be appropriate." Your inquiry arose in the context of an approval for the location of a single stop sign pursuant to Section 2B.05 which allegedly lacked a supporting engineering report. With respect to the erection of single stop sign, Section 2B.05 of the MUTCD sets forth several Guidances, the most pertinent of which provides that stop signs should be used if "(D) [h]igh speeds, restricted view, or crash records indicate a need for control by the STOP sign." You indicated to me that in at least this one instance, none of the aforementioned factors were present and I have no indication that the subject engineering report allowed for appropriate deviations. Because the MUTCD makes a clear distinction between "Standards" and "Guidances" defining the latter as "recommended" and not "mandatory" practices, it seems to me that the local authority, in this can the Board of Selectmen, is vested with some measure of discretion in deciding whether or not to erect a stop sign at a certain location notwithstanding that such discretion is not without boundaries. A copy of a portion of Chapter 2B. Regulatory Signs, of the MUTCD is attached hereto for reference. As to the issue of potential consequences or liability, it is always possible that a decision to erect a stop sign without a supporting engineering report could result in a claim for damages against a municipality in the event that the sign was installed without following the mandatory and/or recommended guidelines and someone were injured as a result thereof. The conservative and perhaps safest, if you will, approach to be taken in an effort to avoid potential liability would be to follow mandatory as well as recommended practices. However the avoidance of claims for damages can never be guaranteed. Additionally, any perceived procedural irregularities could arguably form the basis for a challenge to the issuance of traffic citations. Of more immediate concern however is that portion of c.85 §2, which provides that "[i]f any city or town installs and maintains any of the aforesaid traffic control devices without either requesting or obtaining the required approval or after being notified of such disapproval, or in noncompliance with said manual, the department shall withhold or withdraw the unexpended balance of any funds assigned to the said city or town under the provision of section thirty-four of chapter ninety ... ". The MUTCD is incorporated by reverence in 23 Code or Federal Regulations (CFR), Part 655, Subpart F and is recognized as the national standard ror all traffic control devices installed on any street, highway, or bicycle trail open to public travel. �dy. Thank you for your attention to this matter. Please don't hesitate to call me if you wish to discuss this matter further. Sincerely Ellen Callahan Douc ECD /sjs Enclosure: cc; Peter I. Hechenbleila er, Town Manager Edward D. McIntire, Jr., Director of Public Works 14 �'; I 2003 Edition CHAPTER 2B. REGULATORY SIGNS Section 2B.01 Application of Regulatory Sigm Standard: Page 2B -1 Regulatory signs shall be used to inform road users of selected traffic laws or regulations and indicate the applicability of the legal requirements. Regulatory signs shall be installed at or near where the regulations apply. The signs shall clearly indicate the requirements imposed by the regulations and shall be designed and Installed to provide adequate visibility and legibility in order to obtain compliance. Regulatory signs shall be retroreflective or illuminated to show the same shape and similar color by both day and night, unless specifically stated otherwise in the text discussion of a particular sign or group of signs (see Section 2A.08). The requirements for sign illumination shall not be considered to be satisfied by street, highway, or strobe lighting. Section 211.02 Design of Regulatory Sim Support: Most regulatory signs are rectangular, with the longer dimension vertical. The shapes and colors of regulatory signs are listed in Tables 2A -3 and 2A-4, respectively. Exceptions are specifically noted in the following Sections. The use of educational plaques to supplement symbol signs is described in Section 2A.13. Guidance: Changeable message signs displaying a regulatory message incorporating a prohibitory message that includes a red circle and slash on a static sign should display a red symbol that approximates the same red circle and slash as closely as possible. Section 213.03 Size of Regulatory Signs Standard: The sizes for regulatory signs shall be as shown in Table 2B -1. Guidance: The Freeway and Expressway sizes should be used for higher -speed applications to provide larger signs for increased visibility and recognition. Option: The Minimum size may be used on low -speed roadways where the reduced legend size would be adequate for the regulation or where physical conditions preclude the use of the other sizes. The Oversized size may be used for those special applications where speed, volume, or other factors result in conditions where increased emphasis, improved recognition, or increased legibility would be desirable. Signs larger than those.shown in Table 2B -1 may be used (see Section 2A.12). Section 2B.04 STOP Sign (RI-1) Standard: When a sign is used to indicate that traffic is always required to stop, a STOP (R1 -1) sign (see Figure 2B -1) shall be used. The STOP sign shall be an octagon with a white legend and border on a red background. Secondary legends shall not be used on STOP sign faces. H appropriate, a supplemental plaque (R1 -3 or R14) shall be used to display a secondary legend. Such plaques (see Figure 2B -1) shall have a white legend and border on a red background. If the number of approach legs controlled by STOP signs at an intersection is three or more, the numeral on the supplemental plaque, if used, shall correspond to the actual number of legs controlled by STOP signs. At intersections where all approaches are controlled by STOP signs (see Section 2B.07), a supplemental plaque (RI-3 or R14) shall be mounted below each STOP sign. Option: The ALL WAY (RI-4) supplemental plaque may be used instead of the 4-WAY (R1 -3) supplemental plaque. Support: The design and application of Stop Beacons are described in Section 4K.05. Sea 2B.01 to 284 4 Pagc 3B -2 Table 28 -1. Regulatory Sign Sizes (Sheet 1 of 5) 2003 Edition Sect. 28.04 ��s MUTCD Cornentional Sign Section Expressway Freeway Minimum Oversized Code Road stop 1`11 -1 28.04 750 x 750 900 x 900 — ODD x 800 1200 x 1200 90x30 38x38 24X24 48x48 Yield R7 -2 28.08 900 x 900 x 900 1200 X 1200 1500 x 1500 750 x 750 (38 x 36 x 36) x 1200 x 1500 x 750 — 48x48x48 00x80x80 30x30x SM To Oncoming Trehfe R7 -28 — 600 x 300 — — — — 24x12 4 -Way R1 -3 28.04 300 x 150 — — — — 12x8 AN Way R1-4 26.04 450 x 150 — — — — 18x8 Yield Here to Peds R1 -5 2B 11 450 x 450 — — — — 08x18 Yield Here to Pedestrians R1 -5e 2B.11 450 x 800 — — — — 18x24 - In- Street Ped Crossing R7 -6,5a 28.12 300 x 900 — — — — 12x36 Speed Umh (English) R2 -1 28.13 600 x 750 900 x 1200 1200 x 1500 — — 24 x 30 x48 48 x 60 Speed Umh (Metric) R2 -1 28.13 600 x 900 900 x 1350 1200 x 1650 — — 4x 36x54 46x88 Truck Speed Umft R2 -2 28.14 600 x am 900 x 900 1200 x 1200 — — E h 4x24 36x38 48x48 Titx k speed Umft R2 -2 28.14 600 x 750 900 x 1050 1200 x 1350 — — MetriC 4 x 30 36 X 42 48 x 64 NIpht Speed limn R2 -3 28.15 600 x 600 900 X 900 1200 x 1200 — — Ileh 4 x 24 98x38 48x48 Night Speed Umit R2 -3 28.15 600 x 750 900 X 1050 1200 x 1350 — — etric 24 x 30 36 x 42 48 x 54 Mk>imtrm Speed Umit R2-4 28.16 600 x 750 900 x 1200 1200 x 1500 — — psh 4 x 30 36 x 48 48 x 60 Minima Speed Umlt R2-4 -28.16 600 x 900 900 x 1350 1200 x 1650 — — Melric 24 x 38 36 x 54 48 x 68 Combined Speed Umh R2-4a 28.16 800 x 12110 900 x 1600 1200 x 2400 — — tlah 24 x 48 36 x 48 x 96 Combined Speed Umh R2-4s 28.16 600 x 1350 900 x 1950 12011 x 2550 — — etric 24 x 54 x 78 48 x 102 Rnes Higher R2.8 28.17 800 x 600 900 x 900 1200 x 1200 — — 24 x 24 38 x 48 x 48 Turn Prohlibhbn R3- 1,2,3,41 2B.19 600 x 600 900 x 900 — — 1200 x 1200 18 24x24 36x 48x48 Mandatory Movement R3-5 series 28.21 750 x 900 — — — — Lane Cordrol 30 x 36 OOptional Movement R3-6 26.22 760 x 900 — — — — Mandatory Movement R3-7 2821 750 x 750 — — — — Lane Control 130 x 30 Advance Intersection R3.6,8a,8b 2B23 variable x 750 — — — — Lane Control variable x 30 Two-Way Left lUm Only R3 -9a 28.24 750 x 90D — — — — ovedaa l mounted 30 x Two -Way Left Turn Only R3-9b 28.24 600 x 900 — — — 900 x 1200 man 24 x 36 x 45 Reversible Lane Control R3-9d 2825 2700x 1200 — — — — (106 x Reversible Lane Control 83-91 2B25 750 x 1050 — — — — moun 30 x 42 Advance Relversible R3 -9g,eh 28.25 90 270D — — — — Lana x TranNdon Signing End Reverse Lane RS-9i 28.25 2700 x 1200 — — — — 708 x 48 Preferential Only lane Ahead 83-10 series 2B.26 750 x 1050 900 x 1500 1950 x 2400 — — round monied 30 x 42 36 x 80 x 96 Prebrentid Orly Lane Operation R3 -11 series 28.2 7750 x 1050 — 1950 x 2400 — — mounted 30 x 42 x 98 Sect. 28.04 ��s '"•""%ice -. 2003 $dition Table 2B -1. Regulatory Sign Sizes (Sheet 2 of 5) Page 2B -3 Sam 2B.04 MUTCD Conventional Sign Section Expressway Freeway Minimum Oversized Code Road Preferential Only 83-12 28.26 750 x 1050 900 x 1500 1200 x 2100 - - Lane Ends series (30 x 42) (36 x 60) (48 x 84) (ground mounted) 1200 x 2400 48 x 96 Preferential Only R3 -13 28.28 1850 x 900 2100 x 1200 3800 x 1850 - - Lam Ahead series (66 x 38) (84 x 48) (144 x 78) (overhead mounted) 3600 x 2400 144 x Preferential Only 83-14 series 213.26 1800 x 1500 2400 x 1800 3800 x 2850 - - Lane Operation (72 x 60) (96 x 72) (144 x 106) (overhead mounted) 3600 x 3100 (144 x 124) 3600 x 2250 144 x 90 HOV 2+ Lane Ends 83-15 series 2826 1650 x 900 2100 x 1200 2550 x 1500 - - overhead mount 88 x 38 84 x 48 102 x BO Do Not Pass R4 -1 2B29 600 x 750 900 x 1200 1200 x 1500 450 x 600 - 24x30 x 48x80 18x24 Pass With Care R4-2 28.30 800 x 750 900 x 1200 1200 x 1500 450 x 800 - 24x30 z 48x80 18x24 Slower Traffib Keep Right R4.3 28.31 600 x 750 900 x 1200 1200 x 1600 - - 24x30 x48 48x80 Trucks Use Right Lane R4-5 26.32 800 x 750 900 x 1200 1200 x 1 SW - - 4x30 36x48 48x OM TNdt Lane XX Meters R4.8 2B.32 600 x 750 900 x 1200 1200 x 1500 - - XX Feet 4 x 301 136 x 48 48 x 80 Keep Right R4- 7,7a,7b 2B.33 am x 750 900 x 1200 1200 x 1500 450 x 800 - 24x30 30x 48x 18x24 Keep Left R4-8 28.33 800 x 750 900 x 1200 1200 x 1500 450 x 800 - 24x30 38x 48x00 18x24 Do Not Enter RS-1 28.34 750 x 760 900 x 900 1200 x 1200 - - 90 x 30 36 x 48 x 48 Wrong Way R5-1a 28.35 900 x 800 900 x 800 1050 x 750 - - 38 x 24 36 x 24 42 x 30 No Trucks R5 -2,2a 28.38 800 x 800 750 x 750 900 x 900 - 1200 x 1200 x 24 x 30 36 x 48 x 48 No Motor Vehicles R5.3 28.36 ODO x 600 - - - - 24 x 24 Commerolal Vehicles R5-4 28.36 800 x 750 900 x 12W 1200 x 1500 - - Excluded 4 x 30 38 x 48 48 x 80 VeMoles with Lugs R5.5 26.38 600 x 760 900 x 1200 1200 x 1500 - - Prohbited 24 x 30 35 x 48 48 x 80 No Bl oydes R5$ 28.36 800 x 800 750 x 750 g00 x gm - 1200 x1200 24 x 24 30 x 30 38 x 48 x 48 Non - Motorized Traffic R5.7 2B.36 750 x 800 1050 x 800 1200 x 750 - - ProhibNe x24 42 x 24 48 x 30 Motor - Driven Cycles R5-8 28.36 750 x 600 1050 x 800 1200 x 750 - - Prohbked 30 x 24 42 x 24 48 x 30 Pedestrians, Bicycles, R5-10a 213.36 750 x OW - - - - Motor- Driven Cycles (30 x 38) Prohbited Pedestrians and Bicycles R5-10b 2B.36 750 x 450 - - - - Pmhbied 30 x 1 B Pedestrians ProhiNted R5 -10c 28.38 600 x 300 - - - - 24x12 One Way R6-1 28.37 900 x am 1350 x 450 1350 x 450 - - 38x1 54x18 54x18 One Way R6-2 28.37 600 x 750 900 x 1200 900 x 1200 450 x 600 24X30 x48 x 18X24 DMided Highway Crossing R6 -3,3a 2B.3B 750 x edb 900 x 750 - 600 x 450 - (30 x 24) (36 x 30) (24 x 18) Sam 2B.04 Page 2B-4 Table 2B -7. Regulatory Sign Sizes (Sheet 3 of 5) 2003 Edition Sign MUTCO Section Conventional Expressway Freeway Minimum Oversized Code Road No Parking R7- 1,2,2a,3, 28.39 300 x 450 - - - - 4,5,6,7,8, (12 x 18) 107,108 Van Accessible R7 -8a,8b 28.40 450 x 225 - - 300 x 150 - 18x9 12x8 No Parking, Bike Lane R7 -9,98 98.09 300 x 460 - - - - 12 x 18 No Parking F17-107a 25.38 300 x 750 - - - - wlth t= 12 x 30 No Perking / Restricted 87-200 2B.40 600 x 450 - - - - Parking (combined sign) (24 x 18) 300 x 750 12x30 Tow Away Zone R7- 201,201 a 2B.40 300 x 150 - - - - 12xe This Side of Sign R7-202 213.39 300 x 150 - - - - 12x8 No Parking on.Pavement 88-1 28.39 600 x 750 900 x 1200 1200 x 1500 - - 24x30 x48 48x60 No Parking Except on R8.2 213.39 600 x 750 900 x 1200 1200 x 1500 - - Shudder 24 x 30 36 x 48 48 x 60 No Parking 88.3 28.39 1 600 x 750 900 x 900 1200 x 1200 450 x 600 - 24x30 x38 48X48 18X24 No Parking (symbol) R8.3a 28.39 e00 x 600 900 x 900 1200 x 1200 300 x 300 - 24x24 36x 48x46 12x12 Emergency Parking Only 88.4 28.42 750 x 600 750 x 600 1200 x 900 - - 30x24 x24 48x No Stopping on Pavement 88.5 28.39 800 x 750 900 x 1200 1200 x 1500 - - 24 x 30 x 48 48 x 80 No Stopping Except on RB-6 28.39 600 x 750 900 x 1200 1200 x 1500 - - Stxwlder 24 x 30 36 x 48 48 x 60 Emergency Stopping Only 88-7 28.42 750 x 600 1200 x 900 - - - 30x24 48x Do Not Stop an Tracks 88-8 2B.42 800 x 750 900 x 1200 - - - 4x30 36x Tracks Out of Service RB-9 813.09 800 x 600 900 x 900 - 450 x 450 - 24x24 x 18x18 Stop Hare when Fleshing RS-10 88.10 800 x 900 - - 800 x 750 - 24x38 24x30 Welk on Left t Facing Traffk: 89-1 28.43 450 x 600 - - - - 16x24 Croon Only at Crosswalks 89.2 28.44 300 x 450 - - - - 12 x 18 No Pedestrian Crossing 89-3 28.44 300 x 450 - - - - 12 x 18 No Pedestrian Crossing R9-3a 28.44 450 x 450 1 800 x 800 750 x 750 - - 18x18 24x24 30x30 Use Crosswalk R9-3b 28.44 450 x 300 - - - - 18 x 12 No Rich Hiking 89-4 2B.43 450 x 800 - - 450 x 450 - 18x24 18x16 H (=ik Prohibition R9 4a 28.43 450 x460 - - - - (=IM 18 x 18 syr� ol) 89-5 98.10 300 x 450 - - - - UB Ped (avmbol) 89-6 98.10 300 x 450 - - - - 16icy I (bid to P� 12 x 1 Left/Nght to 89.7 913.11 300 x 450 - - - - Pedestrians Blu (12 x 18) _T Pedestrian Crosswalk 89-8 8F.12 900 x 450 - - - - 38x18 Sidewalk Closed 89-9 6F.13 .750 x 450 - - - - 30x18 Seat. 2B.04 203 Edition Table 2B -1. Regulatory Sign Sizes (Sheet 4 of 5) Pagc 2B -5 �9 Sect. 211.04 MUTCD Conventional Sign Section Expressway Freeway Minimum Oversized Code Road Sidewalk Closed, Use 89-10 6F.13 1200 x 1300 — — — — Other Side 48 x 24 Sidewalk Closed Ahead, R9-11 8F.13 1200 x 900 — — — — Cross Here 48 x SM Sidewalk Closed. R9 -11 a 6F.13 1200 x 800 — — — Cross Here 48 x 24 Cross On Green R10 -1 2B.45 300 x 450 — — — — Ught Onl 12x18 Pedestrian Traffic Signal R10-2, 28.45 225x 300 — — — — Signs 2a,3 , (9 x 12) 43a,33 Countdown Pedestrian Fill Gas 28.45 225 x 375 — — Sion 9x15 - Left on Green Arrow Only R10.5 28.46 600 x 750 — — — 1200 x 1500 24 x 90 48 x 60 Stop Here on Red R10-6 28.45 800 x 900 — — — — 24 x Stop Here on Red R10-6a 28.45 600 x 750 — — — — 24x30 Do Not Bbck Intersection R10 -7 28.45 800 x 750 — — — — 24 x 30 Use Lane with Green R1 o-8 28.45 600 x 750 900 x 1050 — — 1500 x 1800 Arrow 4 x 30 x W x 72 Left (Right) 7Um Signal 810-10 28.45 800 x 750 — — — — 24 x 30 NoTUrn on Red R70- 11,11a 2B.45 800 x 750 — — — 1200 x 1200 24x30 48x48 No Turn on Red RIO-111b 2B.45 800 x 800 — — — 750 x 750 24x24 30x30 Lsll Turn Yield on Green R10-12 28.45 600 x 750 — — — — 24x30 Emergency Signal B10 -13 28.45 900 x am — — — — 36 x 24 Turning TmMc Must 810-15 28.45 750 x 900 — — — — Yield To Pedestrians 30 x U-Turn Yield to Right TUm R10-18 28.45 750 x 900 — — — — 30 x Right on Red Arrow R10-117a 29.45 750 x 900 — — — — After St 30 x Traffb Laws R10.18 28.48 900 x 450 1200 x 750 1800 x 900 — — Photo Enforced 38 x 18 48 x 30 x 38 Photo Enforced R10.19 2B.46 800 x 450 900 x 760 1200 x 900 — — 24x18 x 48x38 MON —FRI (and times) RIO-20a 28.45 800 x am — — — — 3 iknes 24 x 24 SUNDAY (and limes) R10 -20a 28.45 800 x 460 — — — — 2 lines 24 x 18 Left TUm Signal— R10-21 28.45 750 x 900 — — — — Yield on Green 30 x 38 Bike Actuation R10-22 99.12 300 x 450 — — — — 12 x 18 �9 Sect. 211.04 Page 2B -6 Table 2B -1. Regulatory Sign Sizes (Sheet 5 of 5) 2003 Edition Sign MUTCD Section Conventional Expressway Freeway Minimum Oversized Code Road Keep Off Medan R11 -1 28.47 800 x 750 — — — — 24 x 30 Road Closed R11 -2 28.48 1200 x 750 — — — — 48 x 30 Road Closed - Local R11 -3,3a, 2B.48 1500 x 750 — — — — Tmffic Only 3b,4 80 x 30 Weight Limit R12 -1,2 28.49 800 x 750 900 x 1200 — — 900 x 1200 24 x 90 38 x 48 x Weight Limo R12-3 28.49 am x 900 — — — — 4x36 Weight Umlt R12.4 28.49 900 x 800 - x 24 Weight Lknk R12-5 28.49 am x 900 900 x 1200 1200 x 1500 — — 4x 38x48 48x80 Metric Plaque R12.8 28.49 800 x 225 — — — — 24x9 Weigh Station R13.1 28.50 1800 x 1200 2400 x 1050 3000 x 1100 — — x x 88 120 x 84 Truck Route R14.1 28.51 Goo x 450 — — — — 24x18 Huzardous Material R14 -2,3 28.52 800 x 800 750 x 750 900 x 900 — 1050 x 1050 24 x 24 x 90 38 x 42 x 42 National Network R14 -4.5 28.53 800 x 800 750 x 750 900 x 900 — 1050 x 1050 24x24 x30 38x3 42x42 Railroad Crosebudc R15 -1 813.03 1200 x 225 — — — — 48x9 Look R15.8 88.18 900 x 450 — — — — (38 x 18) Notes: 1. Larger signs may be used when appropriate. 2. Dimensions are shown in millimeters followed by inches in parentheses and are shown as width x height. Section 2B.05 STOP Sign Applications Guidance: STOP signs should be used if engineering judgment indicates that one or more of the following conditions exist: A. Intersection of a less important road with a main road where application of the normal right -of -way rule would not be expected to provide reasonable compliance with the law; B. Street entering a through highway or street; C. Unsignalized intersection in a signalized area; and/or D. High speeds, restricted view, or crash records indicate a need for control by the STOP sign. Standard: Because the potential for conflicting commands could create driver confusion, STOP signs shall not be Installed at intersections where traffic control signals are installed and operating except as noted in Section 4D.01. Portable or part -time STOP signs shall not be used except for emergency and temporary traffic control zone purposes. Guidance: , STOP signs should not be used for speed control. STOP signs should be installed in a manner that minimizes the numbers of vehicles having to stop. At intersections where a full stop is not necessary at all times, consideration should be given to using less restrictive measures such as YIELD signs (see Section 2B.08). Sect. 211.05 2003 Edition Page 2B -7 Once the decision has been made to install two-way stop control, the decision regarding the appropriate street to stop should be based on engineering judgment. In most cases, the street carrying the lowest volume of traffic should be stopped. A STOP sign should not be installed on the major street unless justified by a traffic engineering study. Support: The following are considerations that might influence the decision regarding the appropriate street upon which to install a STOP sign where two streets with relatively equal volumes and/or characteristics intersect: A. Stopping the direction that conflicts the most with established pedestrian crossing activity or school walking routes; B. Stopping the direction that has obscured vision, dips, or bumps that already require drivers to use lower operating speeds; C. Stopping the direction that has the longest distance of uninterrupted flow approaching the intersection; and D. Stopping the direction that has the best sight distance to conflicting traffic. The use of the STOP sign at highway - railroad grade crossings.is described in Section 8B.08. The use of the STOP sign at highway -light rail transit grade crossings is described in Section 10C.04. Section 2B.06 STOP Sign Placement Standard: The STOP sign shall be installed on the right side of the approach to which it applies. When the STOP sign is installed at this required location and the sign visibility Is restricted, a Stop Ahead sign (see Section 20.29) shall be installed in advance of the STOP sign. The STOP sign shall be located as close as practical to the intersection it regulates, while optimizing its visibility to the road user it is intended to regulate. STOP signs and YIELD signs shall not be mounted on the same post. Guidance: Other than a DO NOT ENTER sign, no sign should be mounted back- to-back with a STOP sign in a manner that obscures the shape of the STOP sign. Support: Section 2A.16 contains additional information about separate and combined mounting of other signs with STOP signs. Guidance: Stop lines, when used to supplement a STOP sign, should be located at the point where the road user should stop (see Section 3B.16). If only one STOP sign is installed on an approach, the STOP sign should not be placed on the far side of the intersection. Where two roads intersect at an acute angle, the STOP sign should be positioned at an angle, or shielded, so that the legend is out of view of traffic to which it does not apply. Where there is a marked crosswalk at the intersection, the STOP sign should be installed in advance of the crosswalk line nearest to the approaching traffic. Option: At wide -throat intersections or where two or more approach lanes of traffic exist on the signed approach, observance of the stop control may be improved by the installation of an additional STOP sign on the left side of the road and/or the use of a stop line. At channelized intersections, the additional STOP sign may be effectively placed on a channelizing island. Support: Figure 2A -2 shows examples of some typical placements of STOP signs. Section 2B.07 Multiway Stop Applications Support: Multiway stop control can bevseful as a safety measure at intersections if certain traffic conditions exist. Safety concerns associated with multiway stops include pedestrians, bicyclists, and all road users expecting other road users to stop. Multiway stop control is used where the volume of traffic on the intersecting roads is approximately equal The restrictions on the use of STOP signs described in Section 2B.05 also apply to multiway stop applications. O Sea. 28.05 to 2BA7� 1 n 6 Pagc 2B -8 Guidance: 2003 Edition The decision to install multiway stop control should be based on an engineering study. The following criteria should be considered in the engineering study for a multiway STOP sign installation: A. Where traffic control signals are justified, the multiway stop is an interim measure that can be installed quickly to control traffic while arrangements are being made for the installation of the traffic control signal. B. A crash problem, as indicated by 5 or more reported crashes in a 12 -month period that are susceptible to correction by a multiway stop installation. Such crashes include right - and left -turn collisions as well as right -angle collisions. C. Minimum volumes: 1. The vehicular volume entering the intersection from. the major street approaches (total of both approaches) averages at least 300 vehicles per hour for any 8 hours of an average day, and 2. The combined vehicular, pedestrian, and bicycle volume entering the intersection from the minor street approaches (total of both approaches) averages at least 200 units per how for the same 8 hours, with an average delay to minor - street vehicular traffic of at least 30 seconds per vehicle during the highest hour, but - 3. If the 85th - percentile approach speed of the major - street traffic exceeds 65 km/h or exceeds 40 mph, the minimum vehicular volume warrants are 70 percent of the above values. D. Where no single criterion is satisfied, but where Criteria B, C.1, and C.2 are all satisfied to 80 percent of the minimum values. Criterion C.3 is excluded from this condition. Option: Other criteria that may be considered in an engineering study include: A. The need to control left -turn conflicts; B. The need to control vehicle/pedestrian conflicts near locations that generate high pedestrian volumes; C. Locations where a road user, after stopping, cannot see conflicting traffic and is not able to reasonably safely negotiate the intersection unless conflicting cross traffic is also required to stop; and D. An intersection of two residential neighborhood collector (through) streets of similar design and operating characteristics where multiway stop control would improve traffic operational characteristics of the intersection. Section 2B.08 YIELD Sign (R1 -2) Standard: The YIELD (R1 -2) sign (see Figure 2B -1) shall be a downward - pointing equilateral triangle with a wide red border and the legend YIELD in red on a white background. Support: The YIELD sign assigns right -of -way to traffic on certain approaches to an intersection. Vehicles controlled by a YIELD sign need to slow down or stop when necessary to avoid interfering with conflicting traffic. Section 2B.09 YIELD Sign AQplications Option: YIELD signs may be used instead of STOP signs if engineering judgment indicates that one or more of the following conditions exist: A. When the ability to see all potentially conflicting traffic is sufficient to allow a road user traveling at the posted speed, the 85th - percentile speed, or the statutory speed to pass through the intersection or to stop in a reasonably safe manner. B. If controlling emerge -type movement on the entering roadway where acceleration geometry and/or sight distance is not adequate for merging traffic operation. C. The second crossroad of a divided highway, where the median width at the intersection is 9 in (30 ft) or greater. In this case, a STOP sign may be installed at the entrance to the first roadway of a divided highway, and a YIELD sign may be installed at the entrance to the second roadway. D. An intersection where a special problem exists and where engineering judgment indicates the problem to be susceptible to correction by the use of the YIELD sign. Standard: A YIELD (R1 -2) sign shall be used to assign right -of -way at the entrance to a roundabout intersection. Sea. 26.07 to 28.08 q �W\ \ LEGAL NOTICE ' -TOWN OF READING , To the .Inh-abitants- of-the' Town, cif Reading: Yogi` are hereby,- riotMed'that' an a .plicatlon to alter promises has been, ':piled ' #or by CAC Foods, ,lrl,c,.,,d/b /a, Venetiao Moon .Aestaumnt..Tho.applica. tibn Is for the pf0fi)ises ati.680 Un'd€rr �tlie. pravioiari�� of Ghaotorj�8, Section 15 of the Massachusetts--Generdl Laws, a-publfc hearing will be heft by th4 Board •of Selectmen con= cernirig tMa app.lication .oft T.,uesdAy, Obtobdr 3; ��200.6.>at 5:A. p:rri..16 theJa0lectm.en'e 'Meeting.. Rocym•, 16 • Lowell Street, -'.Reading, I Massachusetts. All fnterestoO 'pafti ®s are invited •to attend or••submit their + dommOpts in writing, or by email.tor:fbwn Manager at town ; manager0 ci.reading.ma.us.- By order•bf Peter. 1'. Hechonblelimer TowniManager 9/21 N 246075A000004090 246075A000004080 246075A000004070 MOYETTE RICHARD ETAL TRS GOMES CHERYL A VACCARO DOROTHY THE GANNON FAMILY NOMINEE TR 52 SANBORN ST UNIT 408 PHILIP VACCARO 52 SANBORN ST APT 409 READING, MA 01867 52 SANBORN ST READING, MA 01867 READING, MA 01867 246075A000004060 246075A000004050 246075A000004040 CARUSO JOSEPH C COURTEMANCHE TRACY L SCHAUER MARTIN III TARA RAE FLEM ING 52 SANBORN ST UNIT 405 52 SANBORN ST APT 404 52 SANBORN ST UNIT 406 READING, MA 01867 - READING, MA 01867 READING, MA 01867 246075A000004030 246075A000004020 246075A000004010 TWOMEY CHARLES F JR TRUSTEE RINK VIRGINIA M FOWLER KATHRYN L 52 SANBORN ST UNIT 403 TRUST 52 SANBORN ST UNIT 402 52 SANBORN ST UNIT 401 52 SANBORN ST UNIT 403 READING, MA 01867 READING, MA 01867 READING, MA 01867 246075A000003090 246075A000003080 246075A000003070 MCBRIDE KEVIN P O'LEARY LYNNE A MCCAULEY SHARON J 52 SANBORN ST APT 309 52 SANBORN ST UNIT 308 52 SANBORN ST APT 307 READING, MA 01867 READING, MA 01867 READING, MA 01867 246075A000003060 246075A000003050 246075A000003040 RYAN JUDITH M READING HOUSING AUTHORITY READING HOUSING AUTHORITY 52 SANBORN ST APT 306 22 FRANK TANNER DR 22 FRANK TANNER DR READING, MA 01867 READING, MA 01867 READING, MA 01867 246075A000003030 246075A000003020 246075A000003010 READING HOUSING AUTHORITY MACLEOD DORIS DELORENZO LISA G 22 FRANK TANNER DR 52 SANBORN ST APT 302 52 SANBORN ST APT 301 READING, MA 01867 READING, MA 01867 READING, MA 01867 246075A000002080 246075A000002070 246075A000002060 WILSON JAYNE SMITH DAVID T GEE KATHLEEN M 52 SANBORN ST UNIT 208 JOAN M SMITH 52 SANBORN ST APT 206 READING, MA 01867 52 SANBORN ST #207 READING, MA 01867 READING, MA 01867 246075A000002050 246075A000002040 246075A000002030 DENAULT ROBERT SOLLTTTO WILLIAM F LITTLE B GORDON ETAL TRS PATRICE DENAULT 52 SANBORN ST APT 204 SANBORN ST 52 -203 REALTY TRU 31 SUMMER AVE READING, MA 01867 52 SANBORN ST APT 203 READING, MA 01867 READING, MA 01867 246075A000002020 24607SA000002010 246075A000001070 BURKE FRANCIS X ANANIAN JANET M PAPPEY THEODORE N 52 SANBORN ST APT 202 52 SANBORN ST APT 201 LISA T PAPPEY READING, MA 01867 READING, MA 01867 52 SANBORN ST UNIT 107 READING, MA 01867 246075A000001060 246075A000001050 246075A000001040 CARLYLE MARIAN K TRUSTEE PUSTORINO PAUL G MURPHY KIMBERLY R DAVID 0 CARLYLE TRUSTEE 52 SANBORN ST APT 105 24 SQUANTO RD PO BOX 637 READING, MA 01867 WEST PEABODY, MA 01960 OXFORD, ME 04270 0 ' . 246075A000001030 246075A000001020 246075A000001010 READING HOUSING AUTHORITY RIGAZIO MARK L CRUSCO JOHN J JR 22 FRANK TANNER DRIVE 52 SANBORN ST APT 102 52 SANBORN ST APT 101 READING, MA 01867 READING, MA 01867 READING, MA 01867 246075A000000070 246075A000000060 246075A000000050 COULTER LORINDA A BURKE CHARLES L BURKE CHARLES L 52 SANBORN ST #7 ANNETIE I BURKE ANNETTE I BURKE READING, MA 01867 4 JUNE ROAD 4 JUNE ROAD STONEHAM, MA 02180 STONEHAM, MA 02180 246075A000000040 246075A000000030 246075A000000020 MARQUARDT CHARLES J COSTELLO SARAH STANTON BRENDA K 52 SANBORN ST APT 4 52 SANBORN ST APT 3 52 SANBORN ST APT 2 READING, MA 01867 READING, MA 01867 READING, MA 01867 2460760000000090 2460760000000100 2460760000000020 SF KAS NICOLAS TOWN OF READING MORLEY ROBERT CURTIS MARIA G SFIKAS PARKING 5 CHANDLER DR . 12 MIDDLE ST 16 LOWELL ST LONDONDERRY, NH 03053 READING, MA 01867 READING, MA 01867 2460760000000380 . 2460650000000070 2460760000000410 LARKIN HARRY L ETAL TRS TOWN OF READING SFIKAS PETER THE LARKIN FAMILY TRUST POLICE SENIOR CENTER STELLIOS SFIKAS 18 UNION ST 16 LOWELL ST 93A HARNDEN ST READING, MA 01867 READING, MA 01867 READING, MA 01867 2460760000000030 2460760000000400 LAVOIE WILLIAM F 246076000000008B BERTOLINO JOSEPH P CYNTHIA E LAVOIE UNKNOWN OWNER ANGELO BERTOLINO 52 PLEASANT ST APT 54 READING, MA 01867 25 ALDEN AVE READING, MA 01867 STONEHAM, MA 02180 2460760000000040 2460760000000080 2460650000001290 GATTA JOSEPH D TOWN OF READING HALL CRAIG M CRAIG D GATTA POLICE DEPT. JODI G HALL 46 PLEASANT ST 16 LOWELL STREET 13 PARKER ST READING, MA 01867 READING, MA 01867 READING, MA 01867 2460760000000390 2460760000044010 2460760000000050 BORYS JAMES W ETAL TRUSTEES MURPHY MICHAEL J CHANG CHEN HUNG BORYS FAMILY REAL ESTATE TRUST KAREN E MURPHY YUN HSIAO CHANG 85 WILLOW ST 28 SALEM STREET UNIT 1 38+ PLEASANT ST WOBURN, MA 01801 READING, MA 01867 . READING, MA 01867 2460650000001280 SILVERIO MARK P 9 PARKER STREET READING, MA 01867 246076000000005A MCGRIFF READING LLC C/O MARK INVESTMENTS INC 54 JACONNET ST STE 203 NEWTON, MA 02461 246076000000008A ANTON ARTHUR C SOCRATES C ANTON 500 CLARK RD TEWKSBURY, MA 01876 2460760000004510 DAVID J ROUILLARD 743 MAIN STREET UNIT 1 READING, MA 01867 246076000000007A TOWN OF READING PARKING 16 LOWELL STREET READING, MA 01867 2460650000001180 MORLEY JOSEPH S HOLLY A MORLEY 256 HAVEN ST READING, MA 01867 - 4z3 246065000000119B 2460650000001250 2460760000000070 COHEN RICHARD D READING HOUSING AUTHORITY HARRIS G. REALTY TRUST C/O CAPITAL PROPERTIES ASSOC 22 FRANK D TANNER DRIVE DAVID L ANKELES ESQUIRE 527 MADISON AVE 19TH FL READING, MA 01867 6 LINCOLN RD NEW YORK, NY 10022 PEABODY, MA 01960 2460760000000060 MCGRIFF READING LLC 54 JSCONNET ST STE 203 NEWTON, MA 02461 246076000000006A MCGRIFF READING LLC CJO MARK INVESTMENTS INC 54 JACONNET ST STE 203 NEWTON, MA 02461 2460650000001050 BOHLII PETER J TIMOTHY A CLIFFORD 249 HAVEN ST . READING, MA 01867 246065000000120& VACCARO PHILIP N TR OF P&D VAC REALTY TRUST 12 LATHAM IN READING, MA 01867 246076000000048& OLD SOUTH METHODIST CH 6 &12 SALEM ST READING, MA 01867 246064W0000004A MU MAY THOMAS CHOU 632 MAIN STREET READING, MA 01867 246064000000003B MU MAY THOMAS CHOU 632 MAIN STREET READING, MA 01867 246065000000106& YI KAI DAVID YI ETAL 253+ HAVEN ST READING, MA 01867 2460760000000470 OLD SOUTH METHODIST CH 6 SALEM ST # 12 READING, MA 01867 2460650000001240 CHESTERTOWN LLC 643 MAIN ST READING, MA 01867 2460650000001040 LIAKOS TRIANTAFYLLIA ETAL 10 RAWSON RD ARLINGTON, MA 02174 246064000000005& NEW ENGLAND PROPERTIES 739 CREEKS EDGE CHARLESTON, SC 29412 246064000000006B TOWN OF READING RIGHT OF WAY 16 LOWELL ST READING, MA 01867 2460640000000450 TOWN OF READING TOWN HALL 16 LOWELL ST READING, MA 01867 2460540000000060 2460640000000090 TAMBONE ANTHONY A ETAL TRS HOZID JOSEPH L TRUST HAVEN REALTY TR/ ATLANTIC 22 ELMVIEW TER TAMBO BROCKTON, MA 02401 6 K N BALL IN STE 300 LYNNFIELD, MA 01940 -2680 2462090000000010 2460640000000070 TOWN OF READING TOWN OF READING LAUREL HILL CEMETERY PARKING LOT 16 LOWELL ST 16 LOWELL ST READING, MA 01867 READING, MA 01867 2460650000001220 625 MAIN ST ASSOCIATES LLC GO CAPITAL PROPERTIES ASSOC 527 MADISON AVE NEW YORK, NY 10 246065000000119& CIANO JOHN P ARACELI CIANO 244 HAVEN ST READING, MA 01867 2460650000001030 READING OVERSEAS VETERANS 575 MAIN ST READING, MA 01867 246076000000050A TOWN OF READING COMMON/PARK 16 LOWELL ST READING, MA 01867 246064000000006& O'CONNOR THOMAS C BARBARA A O'CONNOR 163 VAN NORDEN RD READING, MA 01867 2460640000000010 HAVEN PROPERTIES LLC 215 LEXINGTON ST WOBURN, MA 01801 246064000000008& BOSTON READING LLC 715 BOYLSTON ST BOSTON, MA 02116 246064000000005A TOWN OF READING PARKING 16 LOWELL ST READING, MA 01867 2460640000000040 TOWN OF READING PARKING AREA 16 LOWELL ST READING, MA 01867 4 2460750000000380 2460640000000150 2460540000000050 TOWN OF READING READING CO-OPERATIVE CROSBY JOHN K ETAL TRS MUNICIPAL BUILDING 180 HAVEN ST J & B CROSBY REALTY TRUST 16 LOWELL ST READING, MA 01867. 175 HAVEN ST READING, MA 01867 READING, MA 01867 2460640000000440 ROY ROBERT A GINA BACIGALUPO ROY 19 WOBURN ST READING, MA 01867 2460640000000160 READING CO- OPERATIVE BANK. 180 HAVEN STREET READING, MA 01867 2460640000000100 CHIARAVALLOTI VINCENT CHIARAVALLOTI ROSINA 16 HERITAGE LN SAUGUS, MA 01906 246054000000004A READIBANK PROPERTIES 123 HAVEN ST READING, MA 01867 246054000000004B READIBANK PROPERTIES 123 HAVEN ST READING, MA 01867 2460750000000370 TOWN OF READING MUNI BLDG PARKING LOT 16 LOWELL ST READING, MA 01867 2460640000000110 246064000000014B 2460640000000140 DOUGLAS FUNERAL SERVICE, INC HOME BDG CORP OF READING CNCL HOME BDG CORP OF READING COUP 25 SANBORN ST . KNIGHTS OF COLUMBUS INC KNIGHTS OF COLUMBUS INC READING, MA 01867 11 SANBORN ST 15 SANBORN ST READING, MA 01867 READING, MA 01867 246054000000003& 246064000000017A 246064000000014A MASSBANK FOR SAVINGS READING COOPERATIVE BANK PIERRO JERRY 123 HAVEN ST 180 HAVEN STREET GERALDINE N MURRAY ETAL READING, MA 01867 READING, MA 01867 17 RODGERS CIRCLE NORTH READING, MA 01864 246064000000017B READING CO- OPERATIVE BANK 180 HAVEN ST READING, MA 01867 2460750000000350 FIRST CONGREGATIONAL CHURCH OF READING 25 WOBURN ST READING, MA 01867 2460640000000200 US OF AMERICA ADMR GEN SER SANBORN ST READING, MA 01867 2460750000000340 CMARC SANBORN STREET INC 17 EVERBERG ROAD WOBURN, MA 01801 2460640000000400 FIRST BAPTIST CH OF READING 45 WOBURN ST READING, MA 01867 2460640000000130 UNSWORTH ERIC R 11 BITTERSWEET IN SO HAMILTON, MA 01982 2460750000000360 CHRISTIAN SCIENCE SOCIETY 32 LOWELL ST # 34 READING, MA 01867 2460640000000180 US OF AMERICA POST OFFICE 136 HAVEN ST READING, MA 01867 2460640000000220 THOMSON WILLIAM P JR. THOMSON JOYCE R ETAL 210 HOLT RD NORTH ANDOVER, MA 01945 24606400000OQ240 FILLMORE SCOTT N 25 LINDEN ST READING, MA 01867 2460640000000120 DOUGLAS FUNERAL SERVICE, INC 25 SANBORN ST READING, MA 01867 2460640000000190 US OF AMERICA ADMR GEN SER SANBORN ST READING, MA 01867 246064000000021& READING CO- OPERATIVE BANK 180 HAVEN ST READING, MA 01867 2460640000000250 NEW ENGLAND TEL & TEL CO C/O NYNEX PROP DEPT PO OBX 152206 IRVING , TX 75015 246075A000000010 MURPHY MELANIE M 52 SANBORN ST UNIT 1 READING, MA 01867 4 2460640000000230 2460760000044070 2460760000044060 GREEN DONALD M CONYERS JANICE CHIN LYZA AYSE GREEIN 28 SALEM ST #7 WAYNE CHIN 46 WOBURN ST READING, MA 01867 28 SALEM ST UNIT 6 READING, MA 01867 READING, MA 01867 2460760000044050 CARDAVELLI RICHARD B 28 SALEM ST UNIT 5 READING, MA 01867 2460760000044040 KEENAN MICHAEL P KIMBERLY A KEBNAN 28 SALEM STREET UNIT 4 READING, MA 01867 2460760000044030 STETSON SHAWN M 28 SALEM STREET UNIT 3 READING, MA 01867 2460760000044020 2460760000004550 2460760000004540 MITCHELL DONNA M BIGGIO ROBERT M TRUSTEE CAGGIANO ROBERT A. JR. 28 SALEM STREET UNIT 2 THE 743 MAIN STR REALTY TRUST JASON M DICARLO READING, MA 01867 50 HIGH STREET 743 MAIN ST UNIT 4 STONEHAM, MA 02180 READING, MA 01867 2460760000004530 2460760000004520 NESTOR, JILL SWALLOW JAMES H JR. JUSTIN GAGNE KATELYN J ARENA " 743 MAIN ST 743 MAIN ST UNIT 2 READING, MA 01867 READING, MA 01867 �Ql� Page 1 of 1 Marino, Lillian From: Bums, Greg Sent: Friday, September 22, 2006 9:22 AM To: Marino, Lillian Cc: Redmond, Glen Subject: Request for Comments Lillian North Side Liquors: I have reviewed the application for change of location for North Side Liquors to 150 Main Street. I have no objection or comments to the application. CAC Foods, Venetian Foods: The Fire Department has reviewed the construction documents for this project and has one issue outstanding issue with the project and with the Application to Alter the Premises. The applicant proposes to install a stair lift to allow handicapped access to the basement. It is the position of the Fire Department this is not allowed under the Massachusetts State Building Code without a variance from the Architectural Access Board and the Building Code Board of Appeals. I would recommend that a condition be placed on the application that the installation of any stair lift is in compliance with the Massachusetts State Building Code. Greg 9/22/2006 Q7 14 LATHAM� LATHAM & LAMOND, P.C. 848 MAIN STREET READING, MASSACHUSETTS 01887 -8098 WWW.LJJ AW.COM KENNETH C. LATHAM (1989 -1990) O: BRADLEY LATHAW JOHN T. LAMOND SHEILAH GRIFFIN- REICHARDT JOSHUA E. LATHAM CHRISTOPHER M. O. LATHAM 'ADMITTED TO PRACTICE IN MASSACHUSETTS & NEW HAMPSHIRE Peter Hechenbleikner Town Manager Reading Town Hall 16 Lowell Street Reading, MA 01867 AL 1c)' TELEPHONE: (781) 944 -0808 FAX: (781) 944 -7079 September 15, 2006 113 RE: LIQUOR LICENSE APPLICATION -680 MAIN STREET CAC FOODS, INC. d/b /a "Venetian Moon" Attached herewith please find a liquor license application for CAC Foods, Inc. for alteration to the licensed premises and/or change of location relative to the existing on- premises, all alcohol license for Venetian Moon Restaurant operating at 680 Main Street, Reading. The application consists of the following items: 1. Form 43 (one original and two photocopies); 2. Form 997 for Change of Location/Alteration of Premises; 3. Vote of the Board of Directors authorizing application; 4. Lease for the expanded/altered premises at 680 Main Street; 5. Proposed plan showing layout of expanded/altered area at 680 Main Street, first and second floor; and 6. $200.00 check payable to Commonwealth of Massachusetts. Please file same and schedule for the earliest possible hearing date before the Board of Selectmen. If you have any questions please do not hesitate to contact me. Thank you for your attention to this matter. cn r-: 0 1 -o o� R ctfully, d6shua . L Q THE COMMONWEALTH OF MASSACHUSETTS ALCOHOLIC BEVERAGES CONTROL, COMMISSION. 101600020 License Number FORM 43 Reading ' City/Town Date ( ) New License () New Officer0rector ( ) Pledge of License ( )'Transfer of License () Change of Location ( ) Pledge of Stock ( ) Change of Manager (I) Alter Premises ( ) Other ( ) Transfer.of Stock CAC Foods,. Inc. Name of licensee FM of License# Venetian Moon Restaurant Anthony Cavallo DB /A Manager 680 Main Street, Reading, MA 01867 Address: Number' Street Zip Code Annval A11-Alcoh6l Restaurant Annual or Seasonal Category: All Alcohol, wine & Mait Type: Restaurant, cub, Package store, Inn, General on Premise, Etc. Description of Licensed Premises: A two -level restaurant consist:ling ot• a :first floor of 1,548 sq.:.ft. with restaurant and bar areas.. and .ki.t6eu' vitfi- 50 -. seathy and- • 1Qwer floor of 4,347 sq. ft. with . restaurant -and-•bar areab, bathrooms, storage and unction.room with seating for. 125:. Application was filed: 9/15/06: Advertised: - '9/Zt/t]6 - ,Chronicle Date & time Date & Publication ' Abutters Notified x Yes No Person to contact regarding this transaction: Name: Joshua: Latham..$sQuire Address: 643 Main Street Phone #: Reading, MA 0186.7 Tej - 7$��944;n5ns Remarks: The Local Licensing Authorities By: Alcoholic Beverages Control Commission !Efren 9worriarty Egcutive Director Remarks: PETITION FOR CHANGE OF LOCATION OR MANAGER THE COMMONWEALTH OF MASSACHUSETTS September 15, 2006 To the Licensing Board for the Town of Reading The undersigned respectfully petition for approval of the alteration and expansion of the existing licensed premises of CAC Foods, Inc. d/b /a Venetian Moon Restaurant located at 680 Main Street, Reading, Massachusetts. EXISTING: The existing premises consist of a two-level restaurant with 100 seats. The first floor is approximately 1,600 square feet, and includes a bar and restaurant area, small bathrooms and a kitchen. The first floor seating accommodates 40 people, 30 of which at tables and 10 at the bar. The basement level consists of a 786 square foot restaurant area with seating for 60 people, all at tables. PROPOSED: The applicant proposes to expand the basement level of the restaurant into adjoining space, which will increase the basement level of the premises to 4,347 total square feet. The expansion will allow for seating for 125 patrons, 113 at tables and 12 at a new bar. The new basement area will also include a small function room and lounge area with fireplace, and much larger, handicap- accessible, mans' and women's bathrooms. Applicant proposes to relocate the existing main entrance to the first floor of the restaurant, thus creating an entrance with direct access to the first floor restaurant area, and immediate stairway and handicap access to the basement level restaurant area. The applicant intends to improve the fagade to the restaurant with the relocation of the main entrance. The first floor will comprise approximately 1,600 square feet, and will provide seating for 50 people; 36 at tables and 14 at the bar. After expansion, the licensed premises will consist of 5,895 square feet with seating for 175 patrons. The proposed expansion and alteration are as depicted on the Schematic Layout Plan filed herewith. CAC Foods, By: Anthony Cavallo, President Form 997 J" to . CORPORATE VOTE CAC FOODS, INC. We, being a majority of the Board of Directors for CAC FOODS, INC., vote unanimously to authorize Anthony Cavallo, as he is President of CAC Foods, Inc., to prepare and file such necessary applications for approval to the alteration to the licensed premises and/or change of location under the existing on- premises, all- alcohol restaurant license issued to CAC Foods, Inc., doing business as Venetian Moon, located at 680 Main Street, Reading, Massachusetts, as necessitated by the proposed.alteration and/or change of location of the licensed premises. Undersigned, as Board of Directors of the Corporation, hereby certify that the foregoing vote is in full force and effect on this date and has not been altered or amended and that the officers of said Corporation are currently vested with authority as aforesaid. The Board of Directors of CAC FOO C. Anthony Cavallo, Director C)Azc1t9�X D Carmen Cavallo, Director Lisa Cavallo, Director DATE: September 15, 2006 M RETAIL LEASE AGREEMENT As of the Execution Date set forth in Schedule t hereto, BOSTON READING, LLC, a Massachusetts limited liability company ( "Landlord "), hereby leases to the tenant designated in Schedule 1("Tenanf% the Premises described in Schedule 1 (the "Premises ") for a lease term commencing on the Lease Start Date set forth in Schedule I and for the period through and including the Lease End Date designated in Schedule l (the "Lease Term"). Landlord and Tenant are currently parties to a Lease dated February 17, 1994 as amended (the "Old Lease') demising a portion of the Premises. As of the Lease Start Date the Old Lease is terminated and this Retail Lease Agreement will establish the relationship between the Landlord and the Tenant with respect to the Premises. In the event the Lease Start Date does not occur for any reason including without limitation termination under Paragraph K of Schedule 1 then the Old Lease shall nonetheless retrain in full force and effect. Section 1. ftt The annual rent shall be the amount described in Schedule 1("Annual Rent"). The monthly rent ( "Rent") shall be 1/12 of the Annual Rent, as described in Schedule 1, shall be payable, in advance, on the first day of each successive month commencing on the Lease Start Date and continuing on the first day of each successive month thereafter until the Lem End Date, as set forth in Schedule 1. Rent for the first calendar month and any partial month occurring at the commencement of this Lease shall be paid concurrently with the execution of this Least. Rent for the partial month shall be prorated with 1/30th of the applicable Rent paid for each calendar day in such partial month. The Rent shall be paid to Landlord at its address set forth in Schedule 1, or at such other place as Landlord shall notify Tenant in writing. Section 2. Additional Rest The real estate taxes (`Taxes ") for the Initial Tax Year set forth in Schedule 1 are included in the Annual Rent. Tenant covenants and agrees to pay Landlord as additional Annual Rent, with respect to each tax year or portion thereof after the Initial Tax Year, Tenant's Percentage, as set forth in Schedule 1 (`Tenant's Percentage") of the amount, if any, by which the Taxes on Landlord's Property, as described in Schedule I ( "Landlord's Property "), for the new tax year in question exceeds the Taxes upon Landlord's Property for the Initial Tax Year. A "tax year". shall mean the twelve (12) consecutive month period commencing each January I during the Lease Term. The term "Taxes" as used herein shall include all taxes and special assessments of every kind and nature assessed by any governmental authority, but excluding income, franchise, inheritance, estate, succession or other similar taxes payable by Landlord. If any amount shall be payable by Tenant under this Section, then Landlord shall give written notice advising Tenant of such amount, Tenant shall pay to Landlord the pro rated portion of such excess for any period of time occurring prior to such written-notice, and the Rent shall be increased by 1112th of such increase in the Taxes. If this Lease shall terminate prior to the end of a tax year, then Tenant shall pay to Landlord a prorated portion of the amount due for the full tax year, based on the number of days of such tax year which have expired by the date of termination hereof. Landlord's taxes calculated hereunder for any year shall be adjusted on account of the net amount (after deduction of all expenses and fees associated therewith) of any tax abatements or reductions which Landlord obtains. Section 3. Utilities. Tenant is responsible for the costs of all utilities and services exclusively serving the Premises and separately metered, except those specifically described in Schedule 1. Utilities and services shall include but not be limited to heat, water and sewer, hot water, electric, gas, oil, telephone, trash storage and removal, and any other utility and service. If the Premises shares any utility or service with any other leased space at Landlord's Property, then Tenant's obligation to pay such costs of utilities and services shall be appropriately prorated. Sggtion 4. Security Dept. Simultaneously with the execution and delivery hereof, Tenant has by cash or certified check paid to Landlord a security deposit in the amount set forth in Schedule l (the "Security Deposit"). The Security Deposit will not earn interest. Within ten (10) days after the termination of this Lease for whatever cause, Landlord shall inspect the Premises and submit to Tenant an itemized statement of damages. Landlord retains the right to apply the Security Deposit to payment for repairs for damage set forth on said itemized statement incurred during the Lease Term (except ordinary wear and tear), to any unpaid rent, and to the payment of any other Stonehenge Partners, LLC Lease Retail Form Dated September 11, 2006 Page 1 of 6 n obligations of Tenant under this Lease. The balance of the Security Deposit after deductions for damages and/or unpaid rent shall be repaid to Tenant within twenty (20) days after the termination of this Lease. In any event, the Security Deposit can only be applied towards payment of any Rent hereunder upon Landlord's written consent or at Landlord's election. Section 5. Subletting and Assignment. Tenant shall not assign this Lease or any interest herein or sublet all or any part of the Premises without Landlord's prior, written consent, which shall not be unreasonably withheld, conditioned or delayed, provided that Landlord shall not be deemed unreasonable in witholding consent to any assignee who Landlord deems not to be a person of good reputation, eligible to receive and exercise Tenant's alcoholic beverage license, having a reasonably satisfactory financial statement and net worth, or in the event that any principal of such assignee or subtenant shall fail to execute and deliver a personal guaranty of this Lease. Any Guarantor of this Lease shall remain liable for performance of Tenant's obligations hereunder notwithstanding any assignment of the Tenant's interest hereunder or subletting of all or a portion of the Premises . In the event Tenant assigns or sublets this Lease or any interest tberein in violation of this provision, Landlord may terminate this Lease immediately, and upon such termination Tenant shall immediately vacate or cause the Premises to be vacated. Notwithstanding, Tenant may assign its rights under this Lease to a lender solely for purposes of securing institutional and/or governmental financing for the business. Section 6. Interior and Exterior Alterations. Except as otherwise set forth herein, Tenant shall not make any interior or exterior, structural or non-structural alterations, or install any signs on die exterior of the Premises, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. In any event, and notwithstanding such consent of Landlord, Tenant shall not make any alteration to any portion of the Premises that would result in a violation of any zoning, health, building or other ordinance, or would cause any other part of Landlord's Property, including any other ' leased premises therein, to be in violation of any such zoning, health, building or other ordinance. Tenant shall indemnify and hold harmless Landlord and the Premises for any labor done or• materials supplied to Tenant in connection with any alterations, for the costs of any permits obtained by Tenant, and for any fees due from Tenant. Landlord acknowledges that as an inducement to Tenant's execution of this Lease, Tenant will be permitted and shall be undertaking significant "fit -up" of the Premises, specifically as to expansion of the current restaurant location into the new area of the basement level of the Premises. Landlord acknowledges review of the current plans for such "fit up" and gives consent to same, recognizing changes to Tenant's plans are customary for this type of project. The most current plans are entitled "PoodseMce Equipment Plan- Schematic Layout ", Sheet No. K201, prepared by TniMark United East, 505 Collins Street, South Attleboro, MA 02703 and dated July 31, 2006. Tenant and Landlord shall reasonably cooperate and use good faith efforts to work together relative to completion of the interior and exterior alterstions-for Tenant's "fit -up ". Section 7. Maintenance of Premises: Siggae. Tenant shall keep the Premises in as good order, condition and repair, including the prompt replacement of broken glass in windows and doors, as the same are, at the commencement of this Lease or nay be put during the continuation thereof, reasonable use and wear thereof excepted. Tenant shall repair any damage caused by the Tenant's, its employees', contractors' or invitees' use of the Premises and any damage caused by the Tenant's, its employees', contractors' or invitees' to the fixtures and apparatus of the Premises. Tenant will promptly give Landlord written notice of any damage occurring at the Premises in excess of $2,000 to repair, and of any hazardous conditions existing at the Premises or the Landlord's Property of which Tenant becomes aware. All signage for the Premises, whether inside or outside the Premises, must be approved by Landlord before being affixed to the Premises or to Landlord's Property, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord hereby acknowledges that Tenant's current signage is permissible. Section 8. Building and Common Areas. Landlord shall maintain and keep in good order, condition and repair the exterior of the building in which the Premises is- located. Tenant will be responsible at its own expense for all repairs and maintenance of all equipment and machinery located in the Premises or serving exclusively the Premises, wherever located, including all mechanical, electrical, plumbing, heating, ventilating and air conditioning systems serving the Premises. Tenant shall provide and pay for removal of all snow and ice from in front of the Premises. Stonehenge Partners, LLC Lease Retail Form Dated September 11, 2006 Page 2 of 6 � 0 Landlord shall be responsible for repair and maintenance of any equipment and machinery which serves the Premises and other leased premises in Landlord's Property, provided that Landlord's responsibility in such case shall extend only up to the exterior walls of the -Premises, and Tenant shall be responsible for all ducts, conduits, wires and other hardware that exclusively serves the Premises and is located in the Premises. Landlord shall maintain the current dumpster for the use of Tenant, in common with others, and the cost of which shall be proportionately shared by all tenants at the property as Additional Rent, notwithstanding, if a larger dumpster is required at the property due to Tenant's increased use thereof,, Tenant shall pay all of the increased cost for the larger dumpster. Section 9. Use of Premises. Tenant may use and occupy the-Premises only as described in Schedule 1 and shall not make any improper, offensive or unlawful use thereof. The Premises may be open for the conduct of business for the hours indicated in Schedule 1, provided that same are allowed for such use by law or regulation. Tenant may only operate the Premises for any other hours upon Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall not use the Premises in any manner so as to increase the fine and public liability insurance risk or rate. Tenant shall, at its sole cost and expense, promptly comply with au present and future laws, ordinances and regulations of all governmental authorities having jurisdiction over Tenant or the Premises including without limitation, all seating or capacity limits contained in any license or occupancy certificate. Tenant hereby agrees that any use of the Premises in violation of any provisions of this Lease may be enjoined upon application by Landlord, without prejudice to any other remedy therefor, and Tenant indemnfiies and holds Landlord harmless from all claims of any type, nature or description arising from any violation by Tenant of any applicable law, regulation, permit or license. Tenant agrees to pay Landlord for repair of the Premises when caused by Tenant's use or that of Tenant's family, servants, visitors and invitees,. Landlord shall not be responsible for damage or loss of Tenant's personal property stored in or about the Premises. For this reason, Tenant shall protect its personal property with its own insurance. Tenant will immediately discharge or cause to be discharged any lien or encumbrance on the Premises or the real estate of which the Premises are a part, if such lien or encumbrance is a result of Tenant's use and occupation of the Premises. Section ion 10. Landlord's Rirtht of Entrv. Landlord ray upon twenty-four (24) hours prior notice to Tenant enter to view the Premises and to show the Premises for sale from 8:00 am. to 4:00 p.m., Monday through Saturday. Tenant shall keep the Premises in a neat and orderly condition for the purposes of such showings. Landlord may during the same times upon the at least forty eight (48) hour notice enter the Premises to make alterations or repairs therein and thereto or to other parts of the Premises or to fixtures, equipment or apparatus serving the Premises, to perform any service required of Landlord to be performed therein, and to enforce any of the covenants, terns and conditions in this Lease referred to. In the event of any condition which Landlord reasonably believes constitutes an emergency, Landlord may have immediate access to the Premises, with or without notice to Tenant. Section 11. Default. If Tenant shall be in default in the payment of rent or any part thereof or of other surns payable by Tenant hereunder at the times and places herein fixed for the payment thereof and said default shall continue for a period of fifteen (1S) days (whether or not the payment of said rent shall have been demanded and whether or not Landlord shall have given Tenant notice of such default), or if default shall be made in any other of the covenants herein contained on the part of Tenant to be kept and performed, and said default shall continue for a period of thirty (30) days after written notice thereof by Landlord to Tenant, or if such default cannot through the exercise of reasonable diligence be cured within said 30-day period, such additional period of time as may reasonably be required to cure such matter, not to exceed one hundred eighty (180) days, provided Tenant shall commence to cure such default (i) within thirty (30) days, or (ii) if there is an emergency situation in which there is a danger to persons or property, as promptly as possible after Tenant's receipt. of Landlord's notice of the default and shall thereafter diligently attempt to prosecute such cure to completion , or if Tenant shall make an assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or insolvency, or have an involuntary petition in bankruptcy filed against Tenant which is not dismissed within thirty (30) days of such filing, or shall be adjudged bankrupt, or if a permanent receiver of the property of Tenant shall be appointed or Tenant shall be declared bankrupt or insolvent according to law. or if the estate hereby created shall be deserted or vacated, then and in any of the said cases, notwithstanding any license or waiver of any former breach of covenant or consent in a former instance, it shall be la,Aful for Landlord thereupon or at any time thereafter, while such default, assignment, insolvency, legal Stonehenge Partners, LLC ' r • Lease Retail Form Dated September 11, 2006 Page 3 of 6 � 111 proceedings, desertion, vacancy or neglect shall continue, or be in effect, to terminate this Lease and all of Tenant's interest hereunder, and/or, at Landlord's option, evict Tenant and those claiming under Tenant in accordance with the laws of the Commonwealth of Massachusetts and without prejudice to Landlord's claims for rent or other claim for breach of covenants hereunder, it being expressly understood and agreed that this Lease shall not continue or inure to the benefit of any assignee, receiver or trustee in bankruptcy, excepting at the option of Landlord. Tenant covenants that in can of the termination of this Lease in any manner specified in the foregoing provision, Tenant shall indemnify and save Landlord harmless against all loss of rent or other payments which Landlord may suffer by reason of such termination, including reasonable attorneys' fees and costs of eviction to the extent permitted by the laws of the. Commonwealth of Massachusetts. Landlord shall have the duty to mitigate damages hereunder, which shall include using commercially reasonable efforts to re-let the Premises for.its fair market value. Section 2. Late Rent Charuze. If Tenant does not pay any rent payment within ten (10) days of the first date such payment is due under this Lease, then Tenant shall pay to Landlord, as additional rent due hereunder, a late charge equal to 5% of the amount of the overdue rent payment to compensate Landlord for its administrative expenses and processing expenses, plus an additional charge equal to 1.5% per month of the amount remaining overdue for more than 30 days to compensate Landlord for its cost of funds. Tenant shall also pay Landlord a fee of $50 for any check delivered by Tenant to Landlord which is returned dishonored to Landlord because of insufficient funds in Tenant's account. Section 13 Surrender . On the last day of the Lease Term or upon any earlier termination of this Lease, or upon any re -entry by Landlord upon the Premises, Tenant shall surrender the Premises in good order, condition and repair, reasonable wear and tear excepted, without damage, excluding all insurance covered casualties (but such exclusion applies only to the extent Landlord actually receives insurance proceeds), and clear of all liens and encumbrances Unposed as a result of Tenant's use and occupation of the Premises. Furniture, personal effects, fixtures, and equipment of Tenant (not constituting part of or affixed to the Premises) shall be removed by Tenant, and upon request of Landlord fixtures installed by Tenant shall be removed; px2vi however. that Tenant shall, with due diligence, and without expense to Landlord, immediately cause any damage to the Premises due to such removal to be promptly repaired. Any personal property of Tenant which remains on the Premises after the termination of this Lease may, at the option of Landlord, be deemed to have been abandoned by Tenant and either may be retained by Landlord as its property or be disposed of without accountability in such manner as Landlord may see fit. If Landlord shall have requested the removal of the personal property, then the disposal by Landlord shall be at the expense of Tenant. Landlord shall not be responsible for any loss or damage occurring to any property owned by Tenant The provisions of this Section shall survive any termination of this Lease. If Tenant fails to surrender the Premises in accordance with the foregoing conditions, then Tenant will be deemed to be holding over, and the Rent will automatically be deemed to have increased to 20016 of the then effective amount. Section 14. Indemnification and Insurance. Tenant agrees to indemnify, defend and hold Landlord harmless from any and all claims, injury or damage to person or property in, on or about the Premises, including without limitation, all costs, expenses, claims or suits arising in connection therewith, except such claims and demands which are a result of, or due to, the gross negligence or willful misconduct of Landlord, its agents or employees; and also including without limitation any costs, expenses, claims, suits, penalties or fees arising by virtue of the release, generation or disposal of any hazardous materials in, on or around the Premises caused by Tenant or by virtue of Tenant's use and occupancy of the Premises. Notwithstanding, in no event shall either party be liable to the other for any indirect or consequential damages from any cause whatsoever, unless caused by the other's willful actions or gross negligence in breach of this Lease. To that end Tenant will, at all times during the term of this Lease, at Tenant's own cost and expense, carry and maintain with a company or companies reasonably satisfactory to Landlord, but in no event having an A.M. Best's rating of less than "A -" VIII (a) commercial general liability insurance insuring the Premises and all claims arising in connection with the Tenant, with limits of not less than $1,000,000 (One Million Dollars) per occurrence and in the aggregate for all liability, property damage and bodily injury sustained by one or more persons as a result of any one occurrence, such insurance to include fire legal liability coverage of a minimum of $300,000, and such insurance naming Landlord as an additional insured. Such liability policy will be primary and will include coverage for completed operations, contractual liability and personal i Stonehenge Partners, LLC Lease Retail Form Dated September 11, 2006 Page 4 of 6 n and advertising liability. If the coverage is on a Blanket policy form and insures multiple locations, it will include a per location aggregate, and the full S1,000,000 limit may be. achieved with a COL and Umbrella policy (b) property damage insurance of not less than the amount shown on Schedule 1 for property damage occurring to the Premises, (c) contents insurance insuring Tenant's goods, equipment, contents and,property contained in the Premises, and (d) any business interruption insurance. Tenant's liability and property damage policy will include a waiver of subrogation in favor of Landlord. Tenant will also be responsible for its own worker compensation insurance. All liability insurance shall be. written or endorsed as to protect Landlord by adding Landlord, and Landlord's lenders when requested as Additional Insured. Said policy or policies shall contain a provision insuring Landlord against all liability which Tenant might have under this hold harmless provision. Tenant shall provide Landlord with copies of all such insurance, or certificates evidencing such insurance coverages during fUll, term of this lease. to all events, Tenant shall be solely responsible for any loss or damage to the property in the Premises. Landlord and Tenant hereby release each other from all liability (to each other and anyone claiming under either of them, by subrogation or otherwise) for any damage caused by any event against which this Lease requires insurance to be maintained by a party, even if such damage resulted from the fault of the released party or of one fbr whom such party is responsible. This release shall not be effective if it prejudices the releasing party's recovery rights under any insurance policy maintained by such party with respect to the Premises, the property of which the Premises is a part, or the contents of either; nor shall this release be effective with respect to damage not covered by the releasor's insurance. This release is limited to liability for damage to or loss of property or interruption of business and there is specifically excluded therefrom liability for personal injury or wrongful death. Section 15. Casualty. If substantial damage to the Premises shall occur during this Lease Term, then Landlord shall have the right to terminate this Lease as of the date of such damage provided that it gives Tenant notice thereof not later than sixty (60) days after such damage. For purposes hereof the term "substantial damage" shall mean damage to the Premises, or the building or property of which the Premises is a part, rendering the Premises unavailable for the use to which this Lease allows and requiring longer than one hundred and eighty (180) days to repair same using reasonable diligence. In such event Landlord shall have the right to retain the proceeds of insurance, excluding proceeds attributable to Tenant's relocation expenses, business interruption and for loss of Tenant's personal property, including without limitation, stock, inventory, equipment and fixtures provided there is separate.coverage for these items. in the event of such termination rent shall be abated as of the date of such damage, all deposits held by Landlord on account of Tenant and an appropriate adjustment for prepaid rent for the period after the damage shall be returned to Tenant with said termination notice. Except as otherwise provided in this Section, no damage to or destruction of the Premises by fire or other-casualty shall result in an abatement of the rent. If the damage renders the Premises untenantable, in whole or in part, then there shall be an apportionment of rent until the damage has been repaired and the Premises are legally available for Tenant's use and occupancy. If the whole of the Premises shall be taken for any public or quasi - public use under any statute or by right of eminent domain or by private purchase in lieu of any such taking fbr public or quasi - public use under any or by right of eminent domain, then this Lease shall automatically terminate as of the date that possession has been taken. All compensation awarded or paid upon such taking of the Premises shall after payment of all expenses relating to such taking or purchase be paid to Landlord, however Tenant shall be entitled to receive from the taking authority (but not from Landlord or Landlord's share of such award), so called "relocation expenses ", and payments, if any, on account of Tenant's business interruption and/or loss of fixtures. Section 16. Subordination. Tenant acknowledges that Landlord has executed or may hereafter execute a mortgage on the Premises, and Tenant hereby agrees to subordinate this Lease to the existing mortgage or to any new mortgage granted by Landlord on the Premises, so long as Landlord shall, as a condition thereof, provide a written non - disturbance agreement from such mortgagee, in recordable format. Tenant further agrees to execute any subordination and attornment agreements, and any estoppel certificates, required by Landlord's mortgagee, prospective mortgagee, or prospective purchaser, from time to time and as may be reasonably requested by Landlord, and provided the aforementioned non - disturbance agreement is so provided in the case of subordination or uttornment agreements. If Tenant shall fail at any time to execute, acknowledge and deliver any such subordination instrument or estoppel certificate within ten (10) days after receipt thereof, Landlord in addition to any other remedies available to it in consequence thereof, may execute, acknowledge and deliver the same as the limited Stonehenge Partners, LLC Lease Retail Form Dated September 11, 2006 Page 5 of 6 �� attorney -in -fact of Tenant and in Tenant's name, place and stead, and Tenant hereby irrevocably makes, constitutes and appoints Landlord, its successors and assigns, with this limited power of substitution, however such appointment shall not waive or excuse Landlord's obligation to provide a written non- disturbance agreement as provided above, which shall be a precondition to any subordination and/or attornment agreement. Landlord shall likewise provide Tenant, upon Tenant's reasonable request, an Estoppel Certificate certifying the amount of any unpaid rent, the nonexistence of any default or breach by Tenant, and a certification of this Lease as in force and effect, remaining unmodified or amended, as the case may be. Section 17. Condition of and Title to Proplrty. Quiet Enjoyment. Tenant represents and agrees that the Premises, the sidewalks and structures adjoining the same, and the present uses and non -uses thereo& have been examined by Tenant and that Tenant accepts the same in the condition or state.in which they or any of them now are, without representation or warranty, express or implied in fact or by law, by Landlord and without recourse to Landlord, as to the nature, condition or usability thereof or the use or uses to which the Premises or any part thereof may be put, except as otherwise set forth herein. Landlord covenants and agrees that Tenant, upon paying the rent and other charges herein provided for, as and when they become due, and observing and keeping all covenants, agreements and conditions of this Lease on its part to be observed and kept, shall quietly have and enjoy the Premises during the term of this Lease without hindrance or molestation by anyone claiming by, or through Landlord, subject, however, to the exceptions, reservations and conditions of this Lease. section 18. F.nvironmcntal. Tenant shall not release, generate or dispose of any hazardous materials in or at the Premises or any properties adjacent to the Premises in violation of any local, state, Federal or other laws, ordinances, rules or regulations applicable to the Premises; and in the event of any such release, generation or disposal of such hazardous materials by Tenant, its employees, contractors' or invitees' in, on or around the Premises, Tenant shall promptly contain and remove the same. Section 19. Additional Provisions. Schedule 1, attached hereto, is incorporated herein and made a part hereof. Notwithstanding, if there is any inconsistency between this Lease and Schedule 1, the terms and provisions of Schedule 1 shall apply. Section Miscellaneous. The captions of this Lease are for convenience and reference only and in no way define, limit or describe the scope or intent of this Lease. This Lease shall be construed and enforced in accordance with the laws of the Commonwealth of Massachusetts. The covenants and agreements herein contained shall bind and inure to the benefit of Landlord, its successors and assigns, and Tenant, its successors and permitted assigns, except as otherwise provided herein. Tenant agrees that it Will not record this Agreement. Section 21. Notice of Lease. Promptly after the Lease Start Date Landlord and Tenant shall execute a Notice of Lease for recording with the Registry of Deeds in accordance with Massachusetts General Laws chapter 183, Section 4, together with a recordable notice of termination of the Old Lease. IN WITNESS WHEREOF, the undersigned have executed this Lease Agreement by their duly authorized representatives as of the date first above written. 5+- V-1�SOVe& RL VA, _-10Z)4. Landlord: BOSTON READING, LLC By Elliot Gould, Manager U8 Lease 8 -16 -00219 -11 -0b 171 Tenant: CAC Foods, Inc. 7 By: Anthony Cavall resident Stonehenge Partners, LLC Lease Retail Form Dated September Page 6 of 6 11, 2006 1 SCHEDULE 1 TO LEASE AGREEMENT BETWEEN LANDLORD AND TENANT Landlord: Tenant: Boston Reading, LLC CAC Foods, Inc. c/o Gould do Company 680 Main Street 715 Boylston Street Reading, MA 01867 Boston, MA 02116 Execution Date: September_, 2006 Landlords Property: 680 Main Street, Reading, MA 01867 Premises: Part of the Ground Floor and First Floor of 680 Main Street, Reading, Massachusetts as indicated as Tenant I on Exhibit A attached containing approximately S�q5square feet (note: the square footage listed herein is an approximation and may vary with improvements made to the Premises; the square footage is not the determinate for the rent calculation). The Premises shall include both the Tenant's existing space under the Old Lease ( the "Existing Space" and additional space located in the ground floor of the building (the "Additional Space") Lease Start Date: The earlier of (i) the date Tenant opens for business to the public in the Additional Space at the Premises, or (ii) thirty (30) days from the date on which Landlord completes the Landlord Performed Tenant Improvements as herein defined, but in no event earlier than November 3, 2006, and in any event the Lease Start Date shall not occur prior to expiration of the Permit Contingency Date set fortb in Paragraph K hereof. Landlord and Tenant ague to execute a recordable memorandum upon establishment of the Lease Start Date and the Lease End Date. Lease End Date: The last day of the 11991 month alter the month in which the Lease Start Date occurs. 'Section l Period Initial Annual Rent Initial Monthly Rent Annual Payment of Landlord Performed Tenant Improvements Monthly Payment of Landlord Performed Tenant vements Months 1- 120 1 $91,068.00 $7,589.00.00 S7,332.00 $611.00 Section 2 Taxes for initial Tax Year: S 20,838.00. Initial Tax Year January l — December 31, 2006 Tenant's Percentage is 29 % (S503.59 per month which is included in the .initial monthly rent amount). SCHEDULE I / PAGE IOF4 TO LEASE AGREEMENT BETWEEN LANDLORD AND TENANT Section 3 Tenant will be responsible for all utilities exclusively serving the Premises and separately metered. Tenant shall not be responsible for utilities running through the Premises and not serving the Premises unless said utilities are damaged or require relocation and/or maintenance due to Tenant's use of the Premises. Section Security Deposit: 58,200.00. Section 5 Permitted Use: Tenant may only use the Premises for the operation of a restaurant which shall include, without limitation, service of alcoholic beverages and the provision of live musical entertainment within the basement level of the Premises. Tenant is responsible, at its sole cost and expense, to obtain all necessary permits, approvals and or licenses required to operate its business. Landlord shall use reasonable efforts to assist Tenant in obtaining such permits, approvals and licenses. Hours of Operation of Business shall be as allowed by law for such use of the Premises, excluding preparation and clean -up time. Additional Provisions hereby made part of Lease Agreement A. Par : NONE. B. Condition of Premises: After completion of Landlord's build out of the Additional Space, which is set forth on the attached Exhibit B -1, Tenant shall accept the Premises "AS IS ", except, Landlord, at Tenant's cost, will complete the renovations set forth on the attached Exhibit B -2 "Construction Exhibit — Scope of Work ", such cost not to exceed S46,000.00 (the "Landlord Performed Tenant Improvements"). The Landlord Performed Tenant Improvements and Landlord's build out shall be completed in a good and workmanlike manner in accordance with applicable laws and with such requisite permits. Landlord expects to undertake such work upon the expiration of Tenant's permit contingency set forth in Paragraph K hereof. Landlord and Tenant agree that Tenant may pay the Landlord either in full upon completion of the Landlord Performed Tenant Improvements, or in 119 equal self amortizing monthly installments of $611.00 commencing on the Lease Start Date until the Tenant has paid the Landlord the f dl amount of $46,000.00 plus interest at ten percent (10%) per annum. The monthly-payment squill be paid with Tenant's payment of Rent as Additional Rent. Tenant may prepay the outstanding principal balance and accrued interest, if any, in whole or in part, at any time without penalty or fees. C. Tenant Improvement Work: Landlord acknowledges that as an inducement to Tenant's execution of this Lease, Tenant will be permitted and shall be undertaking significant "fit -up" of the Premises, specifically as to expansion of the current restaurant location into the Additional Space. Except as set forth in Paragraph B hereof, all improvements to the Premises are to be made by Tenant at Tenant's sole expense. Any and all work must be approved by Landlord in writing prior to starting any work Landlord acknowledges review of the current plans for such "fit up" and gives consent,to same, recognizing changes to Tenant's plans are customary for this type of project. The most current plans are entitled "Foodservice Equipment Plan - Schematic Layout ", Sheet No. K201, prepared by TriMark United East, 505 Collins Street, South Attleboro, MA 02703 and dated July 31, 2006. Tenant shall be responsible for all costs associated with the "fit up" work including permits and fees. ANY AND ALL APPLICATIONS TO ANY GOVERNMENT AGENCY MUST BE PRESENTED TO LANDLORD FOR REVIEW AT LEAST 72 HOURS PRIOR TO SUBMISSION TO ENSURE THAT SAID APPLICATIONS DO NOT AMEND. CHANGE OR ALTER ANY OF LANDLORD'S RIGHTS IN OR USES OF THE PREMISES OR THE BUILDING OF WHICH THE PREMISES ARE A PART. Tenant and Landlord shall reasonably cooperate and use good faith efforts to work together relative to completion of the interior and exterior alterations for Tenant's "fit -up ". Tenant has inspected the Premises and accepts the Premises "As Is ", conditioned upon successful completion of the Landlord Performed Tenant Improvements, subject to all then existing discovered and latent conditions. SCHEDULE 11 PAGE 2 OF 4 V ` TO LEASE AGREEMENT BETWEEN LANDLORD AND TENANT ` S,�� D. Brokeraee: No brokers have been engaged by Landlord If Tenant has engaged any brokers than all fees due to such broker shall be the sole responsibility of Tenant. Tenant warrants and represents that it has dealt with no real estate brokers or agents in connection with this transaction and agrees to defend, indemnify and save Landlord harmless from and against any and all claims for commissions or fees arising out of this Lease which are inconsistent with Tenant's warranties and representations herein. E. Trash Bin: Tenant shall supply trash containers acid be responsible in all respects for said trash containers within the Premises. Landlord shall maintain a dumpster for the use of Tenant in common with others, and the cost of which shall be proportionately shared by all tenants at the property as Additional Rent; notwithstanding, if a larger dumpster is required at the property by virtue of Tenant's increased use thereof, then Tenant shall pay all of the increase for the larger dumpster. Tenant shall discard of all trash and food products properly in either the trash containers or the common dumpster, or, if liquids and it is appropriate, into the sewer system, but under no circumstances shall Tenant throw trash, food or debris onto any area of the property of which the premises are a part. F. Ventilation: Tenant shall provide proper ventilation for the removal of odors caused by Tenant's use or misuse of the Premises from inside the Building of which the Premises are a part. If there are any issues regarding odor, ventilation or complaints from other tenants in said Building as a result of Tenant's use or misuse of the Premises; Tenant shall rectify the issue. G. Rent Adlustment: Tenant's Initial Monthly Rent and Maintenance Fee shall be adjusted annually on the anniversary of the Lease Start Date by the greater of S% or the rate of change in the Boston Consumer Price Index- All Urban Consumers Boston SMSA published by the U.S. Department. of Labor over the preceding year. K. Insurance: Indemnity: Tenant shall provide Landlord with an insurance certificate evidencing a policy or policies that comply with Section 14 of this Lease prior to Tenant occupying or taking possession of the Premises. Tenant agrees to indemnify and hold Landlord harmless from all damages, claims or causes of action arising from or out of criminal or tortious acts of third parties arising from Tenant's use of the Premises including personal injury, damages to property or other claims from third party criminal or tortious actions. 1. Maintenance: - Tenant shall be responsible, at Tenant's sole expense, for appropriate maintenance of the Premises in accordance with the terms of the Lease. J. Certificate of Occupancy: Landlord shall perform the Landlord's build out and the Landlord Performed Tenant Improvements and Tenant shall perform its fit-up under Paragraph C hereof in a manner intended to obtain a final certificate of occupancy for the Premises. Landlord and Tenant each undertake to make such corrections or modifications to their respective work as shall be necessary to obtain a certificate of occupancy; provided any such corrections or modifications shall not cause the seating at the Premises to fall below ISO seats, and shall not cause invalidation or infraction of Tenant's licenses and permits to operate at the Premises, including without limitation, the all - alcohol liquor license and common victualer's license. K. Permits Continaencv: Tenant agrees that forthwith upon execution hereof, Tenant will apply for and diligently pursue the following permits, approvals and licenses to operate a minimum of 150 seat restaurant within the Premises: (i) all - alcohol liquor license; and (ii) common victualers license. Landlord has obtained, or shall obtain at its sole cost, responsibility and expense, (i) a variance and/or approval from the Architectural Access Board to allow a vertical lift for handicap access to the ground floor of the Premises as necessary to allow use of the ground floor for the restaurant use called for herein; and (ii) a grease trap variance or waiver from the Reading Health Department. Tenant and Landlord shall cooperate in good faith, and shall use reasonable efforts to seek and obtain the permits, approvals and licenses which SCHEDULE f ! PAGE 3 OF 4 TO LEASE AGREEMENT BETWEEN LANDLORD AND TENANT 1 are their respective obligations. In the event that Tenant has not obtained all such permits by December 1, 2006 Tenant may terminate this Lease by a notice to Landlord no later than December 1, 2006 (the "Permit Contingcncy Date "). Landlord: BOSTON READING, LLC .�� , By: Ll • i& Elliot Gould, Manager n Date Signed: '16 6 S &B Schedule 18/16106(6) Tenant: CAC Foods, Inc. By: �'._ r• ,� Anthony Cavallo, Its President Date Signed: / ;?- SCHEDULE I / PAGE 4OF4 TO LEASE AGREEMENT BETWEEN LANDLORD AND TENANT � . "Z'l, I 0 r--_ --_ - -_— —_—_--- _— _- -_ - _—AC CC✓ TO ------------ -- MUNICIPAL r r __rr- -arrrrr - -arrr —r—rr—a—_rrr—r -- -.• PARKING ----------- _ _ r— -- _ — ------ '- rrrr— r' - - -_r --------------- ------------ .,��- -- -- — YY- -- - — rrr- -- —r• --rr_r_r_r_r_--rrrrr-- arrr—r-- —r—r—w-rrr.rrrrr —r r r • rw. .ter rr—rr---- rr_rwr rwr—r rrrr—rirrr r—r— • rrr- - rrrrr rr—_- rr w— —_ - -- +--- y---- ----- -r —_-- -_ •• i��r— as —a_arr --- + - --r — .-rrr _tea_ �y}.arwrr � —_ a = — — —_- ---- —_r__ r r_ -%m a —rr rr �yF _ --- — -------------- — a — �r -r-- =— _ _-- --- _ —__-__ r — •- w a -- r r r _rr— rr - - -r- -rrr — — r Zi� �.� .�iw•� r . �� .i — Q1 ---- — — — w-- - -- -- -- �Z - - - - - - - - - - - - - - - - - -- - - - - - - - r_ -_- - - _ _ ----------- =a_r- r rw- - -- ar •—r— r —rr-- —_— � r — r ' GROUND FLOOR • i cn C. i, LLC ?d �1JS �,.m b1AiN sY'FET n ouma sm 02 i0. el 731 -65ie iAx et 7J4 -x067 o K �`- o �� f 5 �oararsi, EXHIBIT B The Venetian Moon 680 Main Street Reading, MA Construction Exhibit -Scope of Work The following is a list of the various scope of work that will be provided to the tenant by the Landlord as part of demising the space as a plain box shell: Demolition The existing partitions, soffits, and floor finishes will be removed as required to allow for the new construction. Demolition will included the removal of the existing floor slab in the basement level and the excavation of approximately 8" of existing fill material. The existing store front at the 1' floor level will be removed and replaced as outlined below. Concrete A new 4" concrete floor slab will be installed in the basement level where the existing concrete floor is removed. Steel 1 Miscellaneous Metal New 6ft wide metal pan stairs and rail will be installed at the entrance to Main Street. This installation will include steel supports for the attached chair lift. Windows The existing storefront will be replaced with an insulated glass Vista Wall Store Front. In addition, the windows along Woburn Street will also be replaced. Finishes The perimeter walls shall received 518" gypsum sheetrock, taped and ready for paint. The existing ceiling will be patched, taped and ready for paint. New partitions for toilet rooms and store rooms shall be floor to ceiling and shall be 3518" 20 gage metal stud with 5`8" gypsum sheetrock.each side, insulated. All other finishes will be by tenant. Specialties An accessibility chair lift will be installed attached to the new stair at the Main Street entrance. Sprinkler System The existing fire sprinkler system will be extended to include the complete restaurant space per code. Plumbing A men's toilet room with 2 urinals, 1 we and 2 lays, and a women's toilet room with 3 we and 2 lays, both completely accessible will be installed as outlined. Under slab drains will be installed for the proposed bar are to one location. HYAC 10 tons of HYAC will be installed via split systems with the units installed in the mechanical closet below the stairs and in the storage room. The condensers will be installed'on the roof. The toilets will be fitted with exhaust fans. Electric The existing electric will be removed. The basement level will be provided with a 24 position sub panel fed by a 100 amp breaker. The basement will be fitted with lighting based on a lighting allowance of 30 lights at $100 /ea for a total of $3,000 not including installation. The existing Fire Alarm will be extended and modified to match the new architectural layout. All electrical to tenant's equipment, sound systems, cash systems, and point of sales systems shall all be by the tenant. J v\ Qa' GUARANTY FOR VALUE RECEIVED and in consideration for and as an inducement to Boston Reading LLC (hereinafter called the Landlord) to make a certain Lease Agreement (hereinafter called the Lease) of even date to CAC Food, Inc. (hereinafter called the Tenant) the undersigned Guarantors hereby jointly and severally unconditionally guarantee to the Landlord its successors and assigns the full and timely payment and performance of all obligations of the Tenant under the Lease. The validity of this Guaranty and the obligation of the Guarantors hereunder shall in no way be terminated, effected or impaired by reason of the granting by the Landlord of any indulgences to the Tenant or by reason of the assertion by the Landlord of any rights or remedies reserved to it pursuant to the Lease or by relief of the Tenant under the Lease of any of its obligations by operation of law or otherwise (including but without limitation rejection of its obligations in connection with proceedings under.the Bankruptcy Laws now or hereinafter enacted). The undersigned hereby waive all suretyship defenses. The undersigned further covenant and agree that this Guaranty shall remain and continue in full force as to any renewal, modification or extension of the Lease whether or not the undersigned shall have received any notice or consent to such renewal, modification or extension. The undersigned further agrees that their liability under this Guaranty shall be primary and joint and several with the Tenant of the Lease and that in any right of action which shall accrue to the Landlord under the Lease the Landlord may at his option proceed against the undersigned individually, jointly and/or severally and/or jointly or severally with the Tenant of the Lease and may proceed against the undersigned without have commenced any action against any other person or having obtained a judgment against the Tenant under the Lease. The undersigned agrees that the failure of the Landlord to insist in any one or more instances upon the strict performance or observance of any of the terms, provisions or covenants of the Lease or to exercise any right therein contained shall not be construed or deemed to be a waiver or relinquishment for the future of any such term, provision, covenant or right; but the same shall continue and remain in full force and effect. Receipt by the Landlord of any payment with knowledge of the breach of any provision of the Lease shall not be deemed a waiver of such breach. It is further agreed that the terms and provisions hereof shall inure to the benefit of the successors and assigns of Landlord and shall be binding upon the successors and assigns of the undersigned. The obligations of the undersigned shall be joint and several and may be enforced by the Landlord against either or both of the undersigned in the sole discretion of the Landlord. Executed this 12th day of September, 2006 CU Carmen Cavallo Anthony Cavallo Yaw qr.,�9/ LATHAM� LATHAM & LAMO'ND'� P.C. KENNETH C. LATHAM (1989 -1998) O. BRADLEY LATHAM- JOHN T. LAMOND SHEILAH GRIRFIN- REICHARDT JOSHUA E. LATHAM CHRISTOPHER M. O. LATHAM 'ADMITTED TO PRACTICE IN MASSACHUSETTS d NEW HAMPSHIRE Peter Hechenbleikner Town Manager Town Hall 16 Lowell Street Reading, MA 01867 848 MAIN STREET READING, MASSACHUSETTS 01887 -3090 W W W.LLLLAW.COM TELEPHONE: (781) 944-0808 September 14, 2006 RE: Venetian Moon Restaurant, 680 Main Street, Reading, Massachusetts Dear Peter: FAX: (781) 944 -7079 Thank you for your call regarding the above- captioned application. We enclose herewith a revised Addendum Sheet entitled "Proposed Restrictions" convecting No. 2 on said sheet to state "Live music will be allowed only between the hours of 5:00 p.m. and 11:30 p.m. on Mondays through Fridays, ... ". Also enclosed please-find an updated plan showing the proposed designated area for live musical performance. Thank you for you assistance in this regard. We are excited by this first stage in the restaurant's proposed expansion, and look forward to presenting this application to the Board of Selectmen. Res ctfully, shua E. Latham I ` TOWN OF READING ' " COMMONWEALTH OF MASSACHUSETTS APPLICATION FOR LICENSE ENTERTAINMENT To the Board of Selectmen: -2006 The undersigned hereby applies for a License in accordance with the provisions of the Statues relating thereto CAC FOODS, INC. (Pun name of person, arm or eorporaion maldng•application) DOING BUSWM AS VENETIAN- MOON RESTAURANT STATE CLEARLY PURPOSE FOR WATCH LICENSE 1S REQUESTED TO SRF ATTACHED ADDENDUM '• GMELDCATION At 680 lLAIN STREET BY STREET AND NUMBER in said Town of Reading, in accordance with the Rules and Regulations made under authority ofsaid Statutes. I certify under the penalties of perjury that I, to my bust knowledge and belief, have filed all states tax ret urns ,and paid all state taxes required under law. CAC FOODS, Ift. BY: r Signature of Individual or Corporate Name (Mandatory) By Corporate ofIIeer (Man ry, If plica A ANTHONY CAVALLO, PRESIDENT Social Security # (Volanbuy) or Federal Identifla►tion Number This license will not be issued unless this certification clause is signed by the applicant. Your social security number will be furnished to the Massachusetts Department of Revenue to determine whether you have met tax filing or tax payment obligations. Licensees who fail to correct their non .filing or delinquency will be subject to license suspension or revocation. This request is made under the authority of Mass. G.L. c. kC, s. 49A. C FoAD s 1=6 BY Fee Received:_ X0'40 ANTHONY CAVALLO, Signatureo p cant President 680 Main Street Reading, MA 781 - 944 -3633 Can=t M411ing Address Telephone No. i 2 ADDENDUM TO APPLICATION FOR LICENSE — ENTERTAINMENT CAC Foods, Inc., d/b /a Venetian Moon Restaurant, requests an Entertainment License pursuant to Massachusetts General Laws chapter 140, § 183A and Section 3.7 of the Town of Reading General Bylaws. Applicant seeks a calendar year license to provide live musical entertainment at 680 Main Street. Applicant is in the process of expanding its restaurant business at 680 Main Street in the basement of the existing building. Applicant has obtained Site Plan Approval for such work, and is in the process of preparing a new lease with the landlord for the expanded space. Applicant has also engaged in a Design Review Team meeting with the Town staff to discuss the project. A plan showing the proposed expansion of the restaurant is filed herewith. Applicant proposes to provide light, live and recorded musical entertainment during the dining experience. Recorded musical entertainment is currently provided in the existing restaurant. The musical entertainment shall be accessory to the dining experience, and is not intended to be an event unto itself. Tickets will not be sold for the entertainment. The live musical performers will be located in the basement within a specific, delineated area as shown on the plans. The live and recorded music will be carried by internal sound system in the basement of the restaurant. There will be no dance floor or dancing by patrons or entertainers. There will be no adult entertainment. The live music should not result in any additional noise or traffic. The premises will remain a restaurant with accessory live musical entertainment to enhance the dining experience. The style of music will be light and appropriate for dining. The basement ceiling will be installed with acoustic tiles to minimize sound. The entire premises will be installed with sprinkler system, and two fire exits will be provided from the basement area. Handicap access will also be provided to and from the basement area. Attached is a set of conditions the Applicant offers to the Board for consideration in reviewing this application. � �13 1. Live music will be allowed only in the basement area as designated on the plan filed with the Board of Selectman. 2. Live music will be allowed only between the hours of 5:00 p.m. and 11:30 p.m. on Mondays through Fridays, and 1:00 p.m. to 11:30 p.m. on Saturdays and Sundays. 3. Live music shall be accessory to dining and will be allowed only while food is served. 4. There shall be no adult entertainment. 5. There shall be no dancing by patrons or entertainers. 6. No tickets may be sold for admittance to the live musical entertainment. 7. The license holder will ensure minimization of sound and noise from the live music. 8. The live music shall not be audible from any residential premises. 9. The license holder will at all times abide by the Rules and Regulations issued by the Town of Reading applicable to entertainment licenses. Sedion - Ad Hoc Community Preservation Ad Study Committee There is hereby created an Ad Hoc Community Preservation Act Study Committee which shall exist untikApril 30,.2007,.or until such earlier date the Ad Hoc- -..•- D6ktI& AOIX20M Committee may have completed its work. .................. . .. The Ad Hoc Community Preservation Act Study Committee shall consist of nine _ (9) members appointed by the Board of Selectmen for terms expiring 430-07 or such - �alab.ae �-3o m l earlier date that may be determined. The Board of Selectmen shall select the chairman of the Ad Hoc Study Cothmittee. In selecting the membership, the Board of Selectmen shall attempt to fill the membership as follows: ♦ One member from the Community Planning and Development Commission from members recommended by the CPDC; ♦ One member from the Conservation Commission from members recommended by the Conservation Commission; ♦ One member from the Reading Housing Authority from members recommended by the Housing Authority-, ♦ One member from the Historical Commission from members recommended by the Commission; ♦ One member from the Recreation Committee from members recommended by the Committee; ♦ One member from the Finance Committee from members recommended by the FINCOM; ♦ Two residents of the Town of Reading not otherwise members of any of the above Boards/Committees/Commimions, but who may be members of Town Meeting or of any other Board, Committee, or Commission of the Town other than those named above; ♦ The Board of Selectmen shall designate one of their members to serve as a member and liaison to the Ad Hoc Advisory Committee. The mission of the Ad Hoc Community Preservation Act Study Committee is to learn as much information as possible about the Community Preservation Act; to evaluate the Community Preservation Act and its applicability to the Town of Readin& to advise the Board of Selectmen on the advantages and disadvantages of adopting the Community Preservation Act for the Town of Reading, and to offer the Board of Selectmen a ranking of the options and the reasons for the ranking in adopting the Community Preservation act., --------------------------------------------------------------------------- The Ad Hoc Study Committee shall be responsible to: ♦ Review the Town Master Plan, Recreation Facilities Plan, Conservation Plan, Open Space & Recreation Plan, and all other relevant documents currently available, including but not limited to plans and inventories of the Historical Commission and the Housing Authority, as they relate to the goals of the Community Preservation Act; ♦ Review the components of the Community Preservation Act and determine their adva*ages and disadvantages to the Town of Reading; ♦ Develop a plan to review milestones in this process with the Board of Selectmen; and q91, ♦ Develop the criteria by which the options will be measured;; ♦ Work with staff and the Board of Selectmen to secure community input into the choices and options available to the Town for possible adoption of the Community Preservation Act; ♦ Based on discussion with.the Board of Selectmen, draft a proposed Town Meeting Warrant Article and Referendum language for review by Town Counsel. ♦ Recommend to the Board of Selectmen a ranking of the options for adoption of the Community Preservation Act in Reading, with the criteria as to how the rankings were selected. The Ad Hoc Community Preservation Act Study Committee will complete all of its work by February. Ap. 2007 .(or. such_date as the Board of Selectmen may extand the {owads septemba 1,2001 —� deadline) in order that the Board of Selectmen may consider whether or not to bring the issue before the Town Meeting at a_ _ February 2007 SQeciai Town MeetingTowq -..• De abad: iu 2Wi &&,, W ,Meeting. In conducting its work, the Ad Hoc Committee will be bound by all of the rules and regulations of the Town of Reading and the Commonwealth of Massachusetts. Staff will be assigned to work with the Ad Hoc Committee through the Town Manager. �3� September 19, 2006 TOWN OF READIN 16 Lowell Street Reading, MA 01867 -2683 Phone: 781- M-6612 Fax: M- 942 -9m Email: aenygd.reading.ma.us Ben Tafoya Chairman, Board of Selectmen 16 Lowell Street Reading, MA 01867 RE: CPA An Hoc COM TTEE Dear Ben: DEVELOPMENT This letter is a follow up to the action that the Community Planning and Development Commission (CPDC) accepted at our August 24th, 2006 Planning meeting to reconstitute the Community Preservation Act (CPA) Ad hoc committee. The CPDC is pleased to offer the following guidance to the BOS around the CPA. 1. Overview of CPA: The CPA was signed into state law by Governor Cellucci in September 2000. This legislation allows towns such as Reading to exercise greater control over local planning decisions. By creating an additional revenue stream .from a property tax. surcharge and matching state trust funds the CPA provides dedicated resources for community housing; open space, recreation and historic preservation. It has been in place for six years and has been adopted by 111 Massachusetts cities and towns. To date, more than $240 million has been dispersed statewide to CPA projects. During the years 2002 -2005, the State has provided over $122 Million in funds to cities and towns for their CPA projects. 2. Reading's History with the CPA: In 2001 Reading put together an Ad hoc committee to investigate implementing the CPA which resulted in an April 2002 ballot initiative. The surcharge narrowly lost by'a vote of 51 %to 49 %. The primary issues the initiative did not pass that were cited at the time included: a. The town budget relying on state funds that were not guaranteed b. Uncertainty about future costs of capping the landfill on Walkers Brook drive c. Not enough Reading - specific uses for the funds were identified We believe items (a) and (b) have been addressed, and therefore item (c) would be one of the main focuses of the CPA Ad Hoc. Numerous examples now exist for the use of CPA funds by other communities and we (CPDC) plan to provide additional input on this subject to you and the CPA Ad Hoc in the near future. qG3 3. CPDC reconsideration of the CPA: Based on the Reading Master Plan, the Open Space Public Opinion Survey Report of 2000, success of the CPA for other communities, and agreement of the CPDC members, we recommend that the BOS reconstitute the CPA Ad hoc committee. We have contacted the previous members of the committee and found some willing to help in guidance but none in working on a new Ad. hoc. Those contacted include: Richard Howard (CPDC), Andrew Grimes (Finance Committee), Virginia Adams (Historical Commission), Tim Kelley (Housing Authority), Jack Downing (Recreation Committee), Patricia Lloyd (Conservation Commission), Kim Honestschlager, Richard Schubert, and Paul Dustin. 4. Ad Hoc Membership: In order to recreate the CPA Ad hoc, we recommend that the BOS appoint an Ad hoc committee of nine members including one from each of the community boards (Community Planning and Development Commission, Conservation Commission, Housing Authority, Historical Commission, Recreation Committee, Finance Committee, Board of Selectmen) and two from the community at large. Israel Maykut has offered serve as the CPDC representative. We envision that the Ad hoc will require about four months during which time they will learn as much information as possible about the CPA, evaluate the CPA and its applicability to the Town of Reading, and create a report on their findings providing recommendations and guidance to the BOS. Should it be deemed appropriate, a town meeting warrant article would then be necessary prior to a ballot initiative. We have also drafted a CPA Ad Hoc charter (attached) for your review. 5. Tuning: We recognize that the while the timeline for completing the CPA Ad Hoc effort may provide us with the opportunity to present the results to the BOS in early 2007, whether this would provide the community enough time to consider it at a tentatively planned January/February 2007 special town meeting and/or the April 2007 election is unclear. This issue will require further discussion and close observation of the Ad Hoc's progress. 6. State Guidance: The CPA is a state program guided by the Community Preservation Coalition of Massachusetts which include: the Citizens Housing and Planning Association; the Keen Charitable Foundation; the Massachusetts Affordable Housing Alliance; the Massachusetts Audubon Society; the national Trust for Historic Preservation; Preservation Massachusetts; and the Trust for Public Lands. The Ad hoc will utilize information and resources provided by them for guidance to understanding the CPA. 7. Acceptance: Should the act be accepted a new town committee would be formed called the Community Preservation Committee (CPC). Monies collected from the tax and the state trust fund would be disbursed under their authority based on input they gather from Town Boards and one or more public informational meetings. Once enacted the CPA can be repealed. 1�y In summary, the CPDC recommends that the BOS form a CPA Ad hoc. We are confident that our recommendations are in alignment with the Town's vision of its future, the Master Plan, and that this is an important step in achieving this vision. The CPDC looks forward to support this effort and hopes this topic can be further discussed at our next joint meeting (to be scheduled). Regards, John Sasso, Chairperson Brant Ballantyne, Secretary Richard Howard Jonathan Barnes Neil Sullivan Community Planning and Development Commission Attachments: CPA Ad Hoc Charter CC: Peter Hechenbleikner, Town Manager Chris Reilly, Town Planner References: "The Community Preservation Act: A Guide to Implementation and answers to commonly asked questions (Including a Sample Town Meeting Warrant Article, City Council Order, and Ballot Measure)" by The Trust for Public Lands, www.IRI.org/CPA Assessing the Track Record of the Community Preservation Act, Event to be held Monday September 18, 2006, httv:// www. communinMervation.orgLQaformn.udf "A Guide to Local Acceptance of the Community Preservation Act", William Francis Galvin Secretary of the Commonwealth, 2001 Jan. —1 Reading, CPA Charter Project Name Town of Reading Community Preservation Act Ad Hoc Sponsor Board of Selectman & Community Planning and Development Commission Date Issued September 19, 2006 Project's Overall High Priority Strategic Alignment Meeting Minutes Improved vitalization and growth of the Reading community Strategic Goals according to the Master Plan. Scope .Overview _. Meeting Minutes In accordance with Readings master plan to create a CPA Ad Status Reports Required Hoc Committee to support the effort to adopt the CPA in Reading for the purpose of- Project Objectives . Acquisition and preservation of open space • Creation and support of affordable housing Acquisition and preservation of historic buildings and landscapes Project Customers BOS CPA Town Meeting Warrant Article Final DelJverable(s) CPA Ballot initiative for Town Election Provide reading with a steady funding source for preserving and customer Need improving a community's infrastructure in accordance with town. master plan. Benefits analysis of implementing the CPA in Reading (at what surcharge Customer Requirements level) and recommendation for the BOS. Include specific conceptual uses of funds as background and supporting information for BOS. BOS Assessment of recommendation for surcharge level and supporting Customer Acceptance Criteria materials to present to Town Meeting and the public. Scope Boundaries CPA Projed Overlaps CPDC Normal Duties and Special Projects BOS, CPDC, Reading Historical Commission, Reading Recreation Staketalders Commission, Reading Conservation Commission, Town of Reading, State of MA, Neighb orin towns, Businesses of Reading, Reading Residents Project Communications Meeting Minutes Meeting minutes of CPA Ad Hoc Committee Meeting Status Reports Required Ad Hoc CPA Committee Report and Recommendation I" Quarter 2007 q&,7 Reading, CPA Charter Resource Requirements. Team Assignments By BOS CPA Ad Hoc Committee Appointed October 2006 CPA Ad Hoc Recommendation to BOS 1" Quarter 2007 Deadlines CPA Warrant Article to Town Meeting TBD CPA Ballot Initiative TBD Staff Ef f Limit N/A Spending Limit monetary resources required. Town staff to provide Ad Hoc committee committee su rt as needed. Resource Constraints Town Committees, Town Staff & Town Residents to provide Ad Hoc Committee memberslri . ` 6�9 Memo TO: Peter I. Hechenbieilaw, Town Manager Froax George J. Zambourss, Town Engineer Data: July 13, 2006 Reo 1- 9311 -95 Interchange Potential Issues, Impacts and items for the Town to consider during future planning studies of the interchange improvements. Can the existing roadway be depressed to limit impacts (i.e. visual and sound) of potential flyovers. Additional noise levels and loss of trees of connector roads. Sound barrier installation. Potential drainage problems due to Increased pavement area. How improvements may affect Addison Wesley property. Ability to phase project to limit Impacts during construction. What measures can be provided to limit impacts to traffic and safety during construction. Page 1 MEMO To: Board of Selectmen From: Peter I. Hechenbleikner Date: 7 /TV2N6 Re: Town of Reading Position on Route 128 (1 -95) and Interstate Route 93 project The Board of Selectmen held a community input session on July 28, 2004 to identify the Town's position with respect to the Route 128.1 -93 Interchange study. Reading's position on the Route 128 (1 -95) and I- 93,Interchange study project Is in two sections, The first is an outline of Reading's position and concerns as to how the process is conducted. The second section outlines position and concerns as to the content of any proposals. Process ♦ The State and its consultant's need to clearly identify the interchange problem(s) and issue(s) that are to be addressed in the study. ♦ The study should specifically relate each alternative to how they address the problems and issues that are identified in the first phases of the study. ♦ Data needs to be current, acceptable in its. scope and content, and verifiable. The study should provide for continuous data collection and evaluation through MEPA process.. ♦ The study needs to identify a broad range of alternatives to address the identified problems and issues, and those alternatives need to be evaluated using agreed upon data and measured against community goals. ♦ The study needs to identify how any proposed project at this interchange relates to other plans for transportation improvements in the area, and what if any other improvements are needed to fully implement any proposed interchange improvements. ♦ To the. extent that safety improvements at the interchange are identified as a problem or issue, the study needs to identify the effect of improvements on mobility and emissions. ♦ The study should include improved motor vehicle enforcement as one alternative when considering alternatives to improvement of the interchange. ♦ Eminent domain property takings should be considered as a last resort. If necessary, any such takings must reflect a fair value and takings should be expedited so as to remove property owners from being "in limbo ". • Page 1 t7e" ♦ To advise the Board of Selectmen, the Town will provide staff to review information and proposals as necessary. If needed, the Town will consider hiring consultant assistance at appropriate times and for appropriate tasks. ♦ State expectations clearly in Task 2E ? Content ♦ The e rst priority of any project on the interchange should be to fully utilize what exists in terms of transportation capacity. ♦ A reduction in traffic noise under all alternatives including a "no build" alternative Is a community goal. ♦ The goal for Eminent Domain property takings is 0 takings. ♦ Local traffic must be improved from existing conditions as a result of any interchange improvements. ♦ Aftemate transportation including but not limited to pedestrian. bicycle, and mass transit must be maximized as part of any project, ♦ Any interchange project must maintain the Integrity and character of the community and neighborhoods ♦ Property values must be maintained as a result of any project. ♦ There must be a minimal negative impact or positive visual impact of any proposed project. ♦ Any project undertaken must not negatively impact the Town's ability to provide public safety services. ♦ Any project undertaken should not reduce affordable housing. ♦ Given the Town's low ratable base, any project should not negatively impact on existing or proposed economic development sites. • Page 2 ��3. MEMORANDUM OF UNDERSTANDING The Town of Reading, Massachusetts, acting by and through its Board of Selectmen (`"Town') with an address of 16 Lowell Street, Reading, MA 01867 and the Reading Housing Authority ( "RHA') with an address of 22 Frank Tanner Drive, Reading, MA 01867, hereby memorialize their understanding and agreement as follows: RECITATION OF CERTAIN FACTS: 1. The Town is the record owner of property on Pleasant and Parker Streets, Reading,. Massachusetts, that is known as the "Parker Street Parking Lot", (the "Parking Lot"} with the entrance to that lot being off of Parker Street. The Parking Lot is show on the maps of the Reading Assessors Office as Plot 65, Lot 7.' The current configuration of the Parker Street Parking Lot is shown on the sketch attached and marked Exhibit A. 2. The RHA is the record owner of property known as 75 Pleasant Street, Reading, Massachusetts, shown on the maps of the Reading Assessors Office as Plot 65, Lot 6, as is shown on the sketch attached and marked Exhibit B. 3. Article 17, as adopted by the May 6, 2004 Annual Town Meeting authorized the Reading Board of Selectmen ( "Board') to convey a portion of the Parking Lot to the RHA and further, to acquire a portion of the RHA property under such terms and conditions as the Board of Selectmen shall'determine . A copy of the Town Meeting vote is attached hereto and marked E 'bit . 4. Both the Town and RHA Board of Directors have taken votes to effectuate the terms of Article 17 and to exchange portions of their respective parcels on the terms and conditions stated below. Copies of such votes are attached hereto as Exhibits D and E. 5. The objective of this exchange or "land swap ", and related activities is to enable the creation of more affordable housing in the Town of Reading, with the Parker Street Lot being reconfigured as part of that endeavor. NOW THEREFORE, for the mutual promises and adequate consideration as contained herein, the parties agree as follows: L. Land Swap: The Town shall convey to the RHA the fee ownership of the land shown as Lot _ on the plan attached hereto and marked Exhibit F in exchange for which the RHA shall convey to the Town the fee ownership of the land shown as Lot _ on Exhibit F. subject to the terms and conditions stated below. Each parcel shall be conveyed by quitclaim deed conveying a good and clear, record and marketable title, free from encumbrances, except for the easements stated below. The RHA shall provide a plan of the land being exchanged in recordable . I 4/t/ I I .. form. 2. Time for Performance: The time for performance for the land swap shall be a date selected by the RHA upon 30 days advance notice to the Town. The exchange shall take place at the office of the Reading Town Manager, 16 Lowell Street, Reading, MA. If such conveyance has not occurred by December 31, 2007, either party may terminate this agreement by written notice of cancellation given to the other party, unless the RHA has given notice to the Town prior to December 31, 2007, that the RHA is extending the deadline to June 30, 2008. 3. Pre - Conditions to Performance: This agreement is conditional upon the below conditions being satisfied; failing any of which, the RHA may cancel this agreement: a.' RHA obtaining adequate funding in the judgment of the RHA to develop four units of affordable housing. (Affordable Housing) on the land shown as Lot on Exhibit F such housing to be of a design and layout acceptable to the RHA and applicable permit granting authorities; and b. RHA obtaining all requisite and final governmental decisions, approvals, , orders, endorsements and permits ("Governmental Approvals') to develop the Affordable Housing and to divide the land to be as shown on Exhibit F. with all appeal periods having lapsed with no adverse. appeals pending as to Governmental Approvals. c. RHA being satisfied with the results of surveys, inspections and testing of the land to be conveyed to it as part of the land exchange. RHA and its consultants may enter the premises for such purpose. d. RHA obtaining determinations, findings, decisions, variances and permits to use that the portion of the 75 Pleasant Street property that it retains as a separate lot for a two - family dwelling. This condition is being inserted for RHA's protection, RHA may waive this condition by a written waiver delivered to the Town. 4. Other Conditions: The parties also agree to the following conditions: a. Affordable Housing: If the land swap is consummated, RHA shall create the Affordable Housing substantially consistent with the LIP application submitted to and approved by the Board and other Governmental Approvals, a copy of which in its current form'is attached hereto and marked Exhibit G. b. Parking/Access: The.parties agree as to the following parking and vehicular access arrangements: i. Parking for Affordable Housing: There shall be eight parking spaces �2 dedicated for the Affordable Housing, which parking shall constructed substantially as shown on Exhibit H. Inasmuch as those packing spaces are partially on land retained by the Town, the Town shall grant t-a perpetual easement to the RHA for the use of the portion of those parking spaces that are on the Town retained land as well as a vehicular access easement right.from Parker Street, in common with others, to and from those parking spaces, which easement grants shall be contained in its land swap deed to the RHA. The RHA agrees that four of the eight parking spaces shall be designated for use by the Town on- Monday through Friday from 8:00 a.m. to 4:00 p.m. The Town's reservation of access to and use of the four parking spaces shall be set forth in its deed to the RHA. ii. Parker Street Parking Lot: The Town shall construct the reconfiguration of the Parker Street Parking Lot (including the eight parking spaces conveyed to the RHA) using the Town's labor force and equipment, with the RHA paying only for materials not available in the Town's supply of materials and for construction of aspects of the lot that the Town does not have the skill to construct; namely, fencing. The Town shall maintain and snow plow the parking lot (including RNA's eight parking spaces) at its expense. The Town reserves the right to reconfigure the parking lot from time to time provided that such reconfiguration shall not interfere with RNA's ,continued use of the eight parking spaces. c. Dumpster: The RHA shall convey to the Town an easement to allow the Town to locate, access and maintain a dumpster on RHA property in the Easement area shown on Exhibit H The dumpster may be used both by the Town, for trash generated by,the senior center building, and by the RHA housing. The dumpster shall be screened, maintained and periodically emptied in a timely manner by the Town as required by Town regulations and governmental conditions and usage. 4. Mutual Indemnification Clauses - The RHA further agree to indemnify, defend, and hold the Town, its agents, servants and employees, successors and assigns, harmless from and against any and all liability, losses, costs, damages, claims, actions, suits, assessments, penalties, and/or attorneys' fees (collectively, "claims') arising from or with respect to, or relating or pertaining to, the exercise by or for the RHA of the easement rights reserved and/or granted, to the extent such claims result from the negligence of the RHA, its managers, members, agents, servants or employees. The Town further agree to indemnify, defend, and hold RHA, its agents, servants and employees, successors and assigns, harmless from and against any and all liability, losses, costs, damages, claims, actions, suits, assessments, penalties, and/or attorneys' fees (collectively, "claims') arising from or with respect to, or relating or pertaining to, the exercise by or for the Town of the easement rights reserved and/or granted, to the extent such claims result from the negligence of the Town, its managers, members, agents, servants or employees. 5. Notices: Any notice to be given under this agreement shall be in writing and shall be either delivered in hand'or mailed via U.S. mail, certified mail, return receipt - J' 3 requested or served by constable in the manner allowed for the service of legal process, at the address stated above and if notice is being given to the Town, a copy shall be delivered also to Ellen Callahan Doucette, Esquire, Brackett 8; Lucas 165 Washington Street, Winchester, MA' 01890, and if notice is being given to the RHA, a copy shall be delivered also to O. Bradley Latham, Esquire, Latham; Latham & Lamond, P.C., 643 Main Street Reading, MA 01867 -3096. Either party may change the address to which notice is to be given by delivering notice in the procedure required of that party's new address. No address may be a post office box, but must be an actual. street address. This instrument, executed in multiple counterparts, is to be construed as a Massachusetts contract, is to take effect as a sealed instrument, sets forth the entire contract between the parties, is binding upon and enures to the benefit of the parties hereto and their respective successors and assigns, and may be cancelled, modified or amended only by a written instrument executed by both parties. The captious and marginal notes are used only as a matter of convenience and are not to be.considered a part of this agreement or to be used in determining the intent of the parties to it. % 9" q,A) Signed and sealed on 2006. Reading Housing Authority, acting by and through its Board of Directors Karen Flammia Diane Cohen, Vice Chairman Timothy Kelley, Treasurer Mary E. Connors The Town of Reading, acting by And through its Board of Selectmen Ben Tafoya, Chairman James E. Bonazoli, Vice Chairman Stephen Goldy John A. Coote Richard W. Schubert Camille Anthony Page 1 of 2 Hechenblelkner, Peter From: Kathryn M. Greenfield [kgreenfleld @comcast.net] Sent: Friday, September 29, 2006 8:55 AM To: Hechenbleikner, Peter Subject: Fw: Franklin Street, Reading, MA Pete, Please see Brad Latham's note below. It sounds like the document needs to be be signed prior to October.6, for the reasons he states below. III work on a 2 to 4 minute synopsis of the situafion, so that it may done quickly since it will be late. Sony for the last minute nature of this. While It's been going on for months, it just came to our attention, per Brad's note, that the dosing is on the 6th, and that it needed to be signed before then. Thanks. Kathy --- Original Message --- From: Brad Latham To: 'Ellen Doucette' ; ' Kathlyn M. Greenfield' Sent: Wednesday, September 27, 200611:19 AM Subject: Franklin Street, Reading, MA The attorney for the buyer has just advised us that the attached preservation agreement is satisfactory. The attached agreement is the same one sent to us by Ellen with the exception that we have added reference to the recorded plan in the first WHEREAS paragraph and have designated the buyer as the grantor. The buyer is named as the grantor as the objective is to have the agreement signed by everyone (including MHC) and recorded at the closing (October 6th) when the property is deeded to the buyer. Our clients P &S agreement obligates the buyer to do so and it shall be a condition of our dosing that it be so recorded. However, we need the Town and MHC to sign approving the document at this time. Thank you. Brad O. Bradley Latham Latham, Latham & Lamond, P.C. 643 Main Street Reading, MA 01867 1- 781 - 944 -0505 FAX 1- 781 -944 -7079 This menage is Intended only for the designated reciplent(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 mot review, copy or distribute this message. If you receive this in error, please notify the sender by reply e-mail and delete this message. Thank you. *•• a:*•«••, wtr* r, r«•,►, twra, tww. wwn►, t:*: r•.•• w*.+ r* ww •,t «w.•rw.•r * *.••.. :.r•.e.,r,r IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (11) promoting, marketing or recommending to another party any transaction or matter addressed herein. 9/29/2006 q,iE TO: The Board of Selectmen FROM: Reading Historical Commission DATE: September 29, 2006 RE: 420 Franklin Street, Preservation Restriction Agreement The Reading Historical Commission respectfully requests that the Board of Selectmen execute the submitted Preservation Restriction Agreement for the property at 420 Franklin Street. The approval of these restrictions is a condition set forth in the Order of Conditions for this property as set forth by the Conservation Commission. The content of the Agreement has been reviewed and agreed upon by the Reading Historical Commission, the property owners and their agents, the Mass Historical Commission and Reading Town Counsel. Approval of these restrictions before Oct 4, 2006 is necessary to permanently protect this property from demolition and to preserve one of Reading's oldest and most historically significant homes. [The enclosed Agreement is for your review prior to Tuesday night's meeting. It is the final draft, but needs some minor "clean -up ". We will have a final, executable document with attachments by Tuesday] qv--- Draft of September 21, 2006 PRESERVATION RESTRICTION AGREEMENT Between the PRZ PROPERTIES, INC. and the BOARD OF SELECTMEN OF THE TOWN OF READING, MASSACHUSETTS This Preservation Restriction is made this day of , 2006 by and between PRZ Properties, Inc., a Massachusetts corporation with a place of business at 910 East Street, Tewksbury, Massachusetts, and the Board of Selectmen of the Town of Reading, Massachusetts, ('Grantee) a municipal corporation having its usual place of business at 16 Lowell St., Reading MA 01867, to be administered, managed and enforced by the Reading Historical Commission (hereinafter referred to as the "RHC'). WHEREAS, the Grantor is the owner of the property located at 420 Franklin Street, Reading, MA (hereinafter referred to as "the Property'), and described on a deed from Shirley Day as trustee to the Grantor dated October 6, 2006, which deed is recorded with the Middlesex South District Registry of Deeds, herewith, also shown on the "Plan of 420 Franklin Street, Reading, MA (From the Assessors Records)" (Exhibit A), which is attached hereto and incorporated herein, and being also shown as Lot B on the plan entitled "Plan of Land in Reading, Mass; Hayes Engineering, Inc.; date: July 20, 2006; Owner /Applicant Shirley Day," which plan is recorded at the Middlesex South District Registry of Deeds as Plan No. 1162 of 2006, said Property including the following structure (hereinafter "the Building'): The Building is a 2'h story, timber -frame, First - Period, half- house, measuring approximately 23 feet x 26 feet, known as the Joseph Parker House, with a later 1 %z story extension (of approximately 936 SF), running northwest, approximately 50 feet. The land and other existing structures and additions on the Property and any future' additions thereto are not part of the Building and are not subject to these restrictions. Whereas, the half- house, shown as the main block, is a fine example of an Eastern Massachusetts timber -frame farmhouse whose original front entry was located in the southern fagade in the eastern bay where there is evidence of the early chimney. Such structures were often added to longitudinally to make a full house. Surviving specimens of such half- houses are extremely rare. The door and chimney are not extant. WHEREAS, the Grantee is a government body duly organized under the laws of the Commonwealth of Massachusetts and is authorized pursuant to M.G.L. Chapter 184, §31 -33, inclusive, to accept preservation restrictions; WHEREAS, the Grantee has designated the Reading Historical Commission ( "RHC'J to administer, manage and enforce this preservation restriction; H-,573 Draft of September 21, 2006 WHEREAS, RHC as the designee, is a governmental body duly organized pursuant to M.G.L. Chapter 40C whose purposes include the preservation and protection of sites, buildings, and objects of historical significance and to manage same burdened by such restrictions, consistent with the provisions of the Act; WHEREAS, the Building is listed on the Town's Historical and Architectural Inventory and on the National and State Registers of Historic Places and the preservation thereof will help future generations to appreciate the values, aesthetics, and craftsmanship of the Town's early residents and serves the public interest in a manner consistent with the purposes of the General Laws, Chapter 184, Sections 31 and 32 ( "Act ") WHEREAS, restrictions, obligations and duties imposed on the Grantor and its successors and assigns are necessary to ensure the preservation of the below specified characteristics that contribute to the architectural and historical integrity of the Building include, but are not limited to, the artifacts, features, materials, appearance and workmanship of the Building including those characteristics which originally qualified the Building for listing on the National and/or State Registers of Historic Places. WHEREAS, to that end, Grantor desires to grant to Grantee, and Grantee desires to accept a preservation restriction (hereinafter the "Restriction') in gross in perpetuity on the Building pursuant to the Act. NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby irrevocably grant and convey unto the Grantee this Restriction in gross in perpetuity over the Building. 1. ose: It is the Purpose of this Restriction to assure that the architecture, historical and cultural features of the Building will be retained and maintained forever substantially in their current condition for preservation purposes and to prevent any use or change of the exterior of the Building that will significantly impair or interfere with the Building' preservation values. GRANTOR'S COVENANTS 2.1 Covenant to Maintain and Repair. The Grantor agrees at all times to assume the total cost of continued maintenance, repair and administration of the Building during its ownership of the Building so as to preserve the characteristics that contribute to the architectural and historical integrity of the Building in a manner reasonably consistent with the US Secretary of the Interior's "Standards for the Treatment of Historic Properties" in -effect at the time of execution of this agreement and as they may be amended from time to time. The Grantor may seek financial assistance from any source available to it. The Grantee shall not assume any obligation for maintaining, repairing, or administering the Building. Ordinary maintenance and repair of the Building may be made without the written permission of the Grantee. Interpretation of what constitutes ordinary maintenance and repair shall be governed by the Restrictions cited below. H_14 Draft of September 21, 2006 2.2 Prohibited Activities. The following acts or uses are expressly forbidden, on, over, or under the Building, except as otherwise conditioned in this paragraph: Alteration of the Building: the Grantor shall not make alterations to any of the following visual or structural portions of the Building: (a) any beams or posts; (b.) the roof and roofline; (c.) the foundation; without the written approval of the Grantee. GRANTOR'S CONDITIONAL RIGHTS 3.1 Conditional Rights Reguiring Approval by RHC. The prior express written approval of the RHC is necessary to maintain, repair or alter the Building, which approval may not be unreasonably withheld but which may be subject to reasonable conditions as RHC in its discretion may determine. The Grantor shall notify the RHC in writing not less than thirty (30) days prior to the date the Grantor desires to repair, maintain or. alter the Building. The notice shall describe the nature, scope, design, location, timetable and any other material aspect of the proposed activity in sufficient detail to permit the RHC to make an informed judgment as to its consistency with the purposes of this Preservation Restriction. The RHC shall only grant its approval by a positive vote of a Super Majority of all its regular members. The RHC shall state specifically in writing its reasons for withholding its approval within thirty (30) days of receipt of the Grantor's written request thereof. The RHC shall be allowed to perform an inspection prior to granting or withholding approval. 3.2 Review of Maintenance and Repairs. At least every five (5) years or with the change of Grantor, or whichever comes first, the RHC shall be able to examine the condition of the Building and to discuss the maintenance and repairs performed on the Building during the preceding five (5) years. The Grantor shall allow a mutually agreed upon time and inspection of the Building by the RHC when requested thereof in writing thirty (30) days in advance. 3.3 Public Access. This Restriction does not require public access. 3.4 Conditional Rights Requiring the Approval of the Massachusetts Historical Commission. The conduct of archeological activities on the Property, including without limitation, survey, excavation and artifact retrieval, may occur only following the submission of an archeological field investigation prepared by the Grantor and approved in writing by the State Archeologist of the Massachusetts Historical Commission (M.G.L. Ch.9, Section 27C, 950 CMR 70.00) 3.5 Standards for Review. In exercising any authority created by the Restriction to inspect the Building; to review any construction, alteration, repair, or maintenance; or to review casualty damage or to reconstruct or approve reconstruction of the Building following casualty damage, the RHC shall apply (its guidelines if applicable) and the Secretary's Standards. Draft of September 21, 2006 GRANTOR'S RESERVED RIGHTS 4. Grantors' Rights Not Requiring Further Approval by Grantee. Subject to the provision of paragraphs 2.1 and 3. 1, the following rights, uses, and activities of or by Grantor on, over, or under the Property are permitted by this Preservation Restriction Agreement and by Grantee without further approval by Grantee: (a) the right to engage in all those acts and uses that: (i) are permitted by governmental statue or regulation; (ii) do not substantially impair the conservation and preservation values of the Property; and (iii)are not inconsistent with the Purpose of this Preservation Restriction Agreement; (b) pursuant to the provisions of paragraph 2. 1, the right to maintain and repair the Building strictly accordingly to the Secretary's Standards. As used in this subparagraph the right to maintain and repair shall mean the use by Grantor of in -kind materials and colors, applied with workmanship comparable to that which was used in the construction or application of those materials being repaired or maintained, for the purpose of retaining in good condition the appearance and construction of the Building. The right to maintain and repair as used in this subparagraph shall not include the right to make changes in appearance, materials, and workmanship from that existing prior to the maintenance and repair without the prior approval of Grantee in accordance with the provisions of paragraphs 3.1 and 3.2; (c) the right to continue all manner of existing residential use and enjoyment of the Property, including but not limited to maintenance, repair, and restoration of existing stone walls and steps; the right to maintain the existing driveways, and paths with the use of same or similar materials; the right to maintain existing utility lines, walkways, steps and garden fences; the right to cut, remove and clear grass and other vegetation and to perform routine maintenance, landscaping, pond maintenance, horticultural activities and upkeep, consistent with the purpose of this Preservation Restriction Agreement. (d) As the Building is an integral part of what is described architecturally as a "half house", the Grantor may add onto the Building to construct the other half of the house and may construct another addition onto the side or rear of the existing dwelling, provided that each such addition must have appropriate external architectural features and provided that that such construction is approved by the RHC in accordance with the provisions of paragraph 3.1. CASUALTY DAMAGE OR DESTRUCTION; INSURANCE 5. Casualty Damage or Destruction. In the event that the Building or any part thereof shall be damaged or destroyed by fire, flood, windstorm, hurricane, earth movement or other casualty, Grantor shall notify Grantee in writing within fourteen (14) days of the damage or destruction, such notification including what, if any, emergency work has q;5, (0 Draft of September 21, 2006 been completed. No repairs or reconstruction of any type other than temporary emergency work to prevent further damage to the Building and to protect public safety shall be undertaken by Grantor without Grantee's prior written approval of the work. Within thirty (30) days of the date of damage or destruction, if required by Grantee, Grantor at Grantor's expense shall submit to the Grantee a written report prepared by a qualified restoration architect and an engineer who are acceptable to the Grantor and Grantee, which report shall include the following: (a) an assessment of the nature and extent of the damage; (b) a determination of the feasibility of the restoration of the Building and/or reconstruction of damaged or destroyed portions of the Building; and (c) a report of such restoration and/or reconstruction work necessary to return the Building to the condition existing at the date thereof. 7. Review After Casualty Damage or Destruction. If, after reviewing the report provided in paragraph 6 and assessing the availability of insurance proceeds after satisfaction of any mortgagee's/lender's claims under paragraph 8, Grantor and Grantee agree that the Purpose of the Preservation Restriction Agreement will be served by such restoration/ reconstruction, Grantor and Grantee shall establish a schedule under which Grantor shall complete the restoration/ reconstruction of the Building in accordance with plans and specifications consented to by the parties to at least the total of the casualty insurance proceeds available to the Grantor. If, after reviewing the report and assessing the availability of the insurance proceeds after satisfaction of any mortgagee's/lender's claims under paragraph 8, Grantor and Grantee agree that restoration/ reconstruction of the Property is impractical or impossible, or agree that the Purpose of the Preservation Restriction Agreement would not be served by such restoration/ reconstruction, Grantor may with prior written consent of Grantee, alter, demolish, remove or raze the Building and/or construct new improvements on the Property. In such event, Grantor and Grantee may agree to extinguish this Preservation Restriction Agreement in accordance with the laws of the Commonwealth of Massachusetts and paragraph 22.2 hereof. If, after reviewing the report and assessing the availability of insurance proceeds after satisfaction of any mortgagee's/lender's claims under paragraph 8, Grantor and Grantee are unable to agree that the Purpose of the Preservation Restriction Agreement will or will not be served by such restoration/ reconstruction, the matter may be referred by either party to binding arbitration and settled in accordance with the arbitration provision set forth in Section 14 below. 8. Insurance. Grantor shall keep the Property insured by an insurance company rated "Al" or better by Best's for the full replacement value against loss from the perils commonly insured under standard fire and extended coverage policies and LJs� Draft of September 21, 2006 comprehensive general liability insurance against claims for personal injury, death and property damage. Property damage insurance shall include change in condition and building ordinance coverage, in form and amount sufficient to replace fully the damaged Property and Building without cost or expense to Grantor or contribution or coinsurance from Grantor. Such insurance shall include Grantee's interest and name Grantee as an additional insured. Grantor shall deliver to Grantee, within ten (10) business days of Grantee's written request therefore, certificates of such insurance coverage. Provided, however, that whenever the Property is encumbered with a mortgage or deed of trust nothing contained in this paragraph shall jeopardize the prior claim, if any, of the mortgagee/ lender to the insurance proceeds. INDEMNIFICATION; TAXES 9. Indemnification. Grantor hereby agrees to pay, protect, indemnify, hold harmless and defend at its own cost and expense, Grantee, its agents, directors and employees, or independent contractors from and against any and all claims, liabilities, expenses, costs, damages, losses and expenditures (including reasonable attorneys' fees and disbursements hereafter incurred) arising out of or in connection with injury to or death of-any person on or about the Property; physical damage to the Property; the presence or release in, on, or about the Property, at any time, of any substance now or hereafter defined, listed or otherwise classified pursuant to any law, ordinance or regulation as a hazardous, toxic, polluting or contaminating substance; or other injury or damage occurring on or about the Property, unless such injury or damage is caused by Grantee or agent, trustee, employee or contractor of Grantee. In the event that Grantor is required to indemnify Grantee pursuant to the terms of this paragraph, the amount of such indemnity until discharged shall .constitute a lien on the Property with the same effect and priority as a mechanic's lien, provided, however, that nothing contained herein shall jeopardize the priority of any recorded first priority mortgage given in connection with a promissory note secured by the Property. 10. Taxes. Grantor shall pay when first due and owing, all general taxes, special taxes, special assessments, water charges, sewer service charges, and other charges which may become a lien on the Property unless Grantor timely objects to the amount or validity of the assessment or charge and diligently prosecute an appeal thereof, in which case the obligation to pay such charges shall be suspended for the period permitted by law for prosecuting such appeal and any applicable grace period following completion of such action. Grantee is hereby authorized, but in no event required or expected, to make or advance upon three (3) days prior written notice to Grantor in the place of Grantor, any payment relating to taxes, assessment, water rates, sewer rentals and other governmental or municipality charge, fine, imposition or lien asserted against the Property and may do so according to any bill, statement or estimate procured from the appropriate public office without inquiry into the accuracy of such bill, statement or assessment or into the validity of such tax, assessment, sale or forfeiture. Such payment if made by the Grantee shall constitute a lien on the Property with the same effect and priority as a mechanic's lien. Provided, however, that nothing contained herein shall jeopardize the priority of any HSK Draft of September 21, 2006 recorded first priority mortgage given in connection with a promissory note secured by the Property. ADMINISTRATION AND ENFORCEMENT 11. Written Notice. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by certified mail, return receipt requested, addressed as follows: To Grantor: Owner of Record 420 Franklin Street Reading, MA 01867, or, if the Building is not Owner occupied, then to the Address of Record found in the Town of Reading Assessor's Records To Grantee's: Reading Historical Commission Designee: 16 Lowell Street . Reading, MA 01867 Copy to: Board of Selectmen 16 Lowell Street Reading, MA 01867 Each party may change its address set forth herein by a notice to such effect to the other party given pursuant hereto. 12. Evidence of Compliance. Upon request by Grantor, Grantee shall promptly furnish Grantor with certification that, to the best of Grantee's knowledge, Grantor is in compliance with the obligations of Grantor contained herein, or that otherwise evidences the status of this Preservation Restriction Agreement to the extent of the Grantee's knowledge thereof. 13. Inspection. With the consent of Grantor, representatives. of Grantee shall be permitted at all reasonable times to inspect the Property, including the interior of the Building. Grantor covenants not to unreasonably withhold consent in determining dates and times for such inspections. 14. Grantee's Remedies. Grantee may, following reasonable written notice to Grantor, institute suit(s) to enjoin any violation of the terms of this Preservation Restriction Agreement by ex'parte, temporary, preliminary and or permanent injunction, including prohibitory and/or mandatory injunctive relief and to require the restoration of the Property and Building to the condition and appearance required under this Preservation Restriction Agreement. Grantee shall also have available all legal and other equitable remedies to enforce Grantor's obligation hereunder. In the event of any violation of any of the provisions of this Agreement, Grantee may notify the Grantor of such violation (a 45, Draft of September 21, 2006 "Violation.Notice'), together with recommendations as to how the violation may be cured (if such violation is curable). Such notice shall inform the Grantor as to the time period in which such violation must be cured (if such violation is curable), which time period shall be a reasonable one, in no event longer than thirty (30) days. In the event the Grantor contests either the existence of the violation or the length of time in which to cure it Grantor shall notify Grantee not later than thirty (30) days after the receipt of the Violation Notice (Grantor's Objection) and if the parties cannot agree within ten (10) days thereafter, either party shall have the right any time after expiration of such ten day period to submit the matter to arbitration within thirty days after receipt of Grantor's Objection by sending notice to the other party to name an arbiter. The other party shall have thirty days after the receipt of such notice naming an arbiter to name a second arbiter. A third arbiter shall be selected by the other two arbiters within thirty days after naming the second arbiter. The three arbiters shall conclude the arbitration within one hundred twenty five days after the date the third arbiter is named Findings of facts and decisions by a majority of the arbiters shall control. Each party shall bear the costs of the arbiter it names and both parties shall share equally the cost of the third arbiter. All Arbiters shall be persons having substantial education and experience regarding the preservation of historically significant structures or artifacts. In the event Grantor is found to have violated any of Grantor's obligations, Grantor shall reimburse Grantee for any costs or expenses incurred in connection with Grantee's enforcement of the term of this Preservation Restriction Agreement, including all reasonable court costs, and attorney's, architectural, engineering and expert witness fees, together with interest thereon at an interest rate two percent points (2 %) higher than the prime lending rate. Exercise by Grantee of one remedy hereunder shall not have the effect of waiving or limiting the use of any other remedy, and the failure to exercise any remedy shall not have the effect of waiving or limiting the use of any other remedy or the use of such remedy at any other time. The rights hereby granted shall include the right to enforce this Restriction by appropriate legal proceedings and to obtain injunctive and other equitable relief against any violations, including, without limitation, relief requiring restoration of the Property to its condition prior to the time of the injury complained of (it being agreed that the Grantee may have no adequate remedy at law), and shall be in addition to, and not in limitation of, any other rights and remedies available to the Grantee. 15. Notice from Government Authorities. Grantor shall deliver to Grantee copies of any notice of violation or lien relating to the Property received by Grantor from any government authority within five (5) days of receipt by Grantor. Upon request by Grantee, Grantor shall promptly furnish Grantee with evidence of Grantor's compliance with such notice or lien where compliance is required by law. yT,o Draft of September 21, 2006 16. Notice of Proposed Sale. Grantor shall promptly notify Grantee in writing of any proposed sale of the Property and provide the opportunity for the Grantee to explain the terms of the Preservation Restriction Agreement to potential new owners prior to sale closing. The Grantee shall be able to perform an inspection in connection with the transfer of any interest in the Building. 17. Liens. Any lien on the Property created pursuant to any paragraph of this Preservation Restriction Agreement may be confirmed by judgment and foreclosed by Grantee in the same manner as a mechanic's lien. Provided, however, that no lien created pursuant to this Preservation Restriction Agreement shall jeopardize the priority of any recorded lien of mortgage or deed of trust given in connection with a promissory note secured by the Property. BINDING EFFECT: ASSIGNMENT 18. Burdens Running with the Land. The restrictions, obligations and duties set forth in this Agreement shall run with the Building and shall inure to the benefit of the Grantee and all parties claiming by, through or under the Grantee and shall bind the Grantor and all parties claiming by, through or under the Grantor. The rights hereby granted to the Grantee and the RHC constitute the perpetual right of the Grantee and RHC to enforce this Preservation Restriction Agreement. The Grantor hereby covenants for itself to stand seized and hold title to the Building subject to the terms of this Restriction. 19. Assignment. The Grantee may convey, assign or transfer this Restriction to another governmental body or to any charitable corporation of trust among the purposes of which is maintenance and preservation of historic properties by a vote of a Super Majority of all its regular members. Grantor shall give prior written approval of such conveyance, assignment or transfer by Grantee, such approval may not be unreasonably withheld. 20. Recording and Effective Date. The Grantor shall, at its own cost, record this instrument within fifteen (15) days of its execution in the Middlesex South District Registry of Deeds and/or Registry District of the Land Court, and provide the Grantee a copy of the recordation within thirty (30) days. Grantor and Grantee intend that the restrictions arising under this Preservation Restriction Agreement take effect on the day and year this instrument is-executed by Grantor and Grantee. EXTINGUISHMENT 21.1. Extinguishment. Grantor and Grantee hereby recognize that an unexpected change in conditions affecting the Property may make impossible the continued ownership or use of the Property for the Purpose of this Preservation Restriction Agreement and necessitate extinguishment of the Preservation Restriction Agreement. Such a change in conditions may include, but is not limited to, partial or total destruction of the Building resulting from casualty. ' Such an extinguishment must be the result of a judicial proceeding, as well as public hearings and approval by the Grantee, or the then holder of the —!�5( t Draft of September 21, 2006 Preservation Restriction Agreement, if it has been assigned pursuant to Section 19 hereof, and the Massachusetts Historical Commission if this Agreement has been approved by the Massachusetts Historical Commission. 22.2 Condemnation. If all or any part of the Property is taken under the power of eminent domain by public, corporate or other authority, otherwise acquired by such authority through a purchase in lieu of a taking, Grantor may commence appropriate proceedings at the time of such taking to recover the full value of the Property that is subject to the taking and all incidental and direct damages from the taking. INTERPRETATION 23. Interpretation. The following provisions shall govern the effectiveness, interpretation and duration of the Preservation Restriction Agreement: (a) Any rule of strict construction designed to limit the breadth of restrictions on alienation or use of Property shall not apply in the construction or interpretation of the Preservation Restriction Agreement, and this instrument shall be interpreted broadly to effect its Purpose and the transfer of rights and the restrictions on use herein contained. (b) This instrument is executed in two counterparts, one of which is to be retained by the Grantor and the other, after recording, to be retained by Grantee. In the event of any disparity between the counterparts produced, the recorded counterpart retained by the Grantee shall in all cases govern. Except as provided in the preceding sentence, each counterpart shall constitute the agreement of the parties. (c) This instrument is made pursuant to the Act, but the invalidity of such Act or any part thereof shall not affect the validity and enforceability of the Preservation Restriction Agreement according to its terms, it being the intent of the parties to agree and to bind themselves, their successors and their assigns in perpetuity to each term of this instrument whether this instrument is enforceable by reason of statute, common law or private agreement either in existence now or at any time subsequent hereto. (d) Nothing contained herein shall be interpreted to authorize or permit Grantor to violate any ordinance or regulation relating to building materials, construction methods or use. In the event of any conflict between any such ordinance or regulation and the terms hereof Grantor promptly shall notify Grantee of such conflict and shall cooperate with Grantee and the applicable government entity to accommodate the purpose of both the Preservation Restriction Agreement and such ordinance or regulation. 24. Severability. If any provision of this Preservation Restriction Agreement or application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Preservation Restriction Agreement shall not be affected thereby. LJ:S I'Z. Draft of September 21, 2006 25. Amendment. If circumstances arise under which an amendment to or modification of this Restriction would be appropriate, Grantor and Grantee may by mutual written agreement jointly amend this Restriction, provided that no amendment shall be made that will adversely affect the qualification of this Restriction or the status of the Grantee under any applicable law. Any such amendment shall be consistent with the protection of the preservation values of the Building and the Purpose of this Restriction; shall not affect its perpetual duration; shall not permit any private inurement to any person or entity; and shall not adversely impact the overall architectural and historic values protected by this Restriction. Any such amendment shall be effective when the requirements of the Act with respect to amendments have been met and the amendment is recorded in the land records of the Middlesex South Registry of Deeds, Cambridge, Massachusetts. Nothing in this paragraph shall require Grantor or Grantee to agree to any amendment or to consult or negotiate regarding any amendment. TO HAVE AND TO HOLD, the said Restriction unto the Grantee and its successors and permitted assigns forever. [The balance of this page is blank The next pages are the signature pages.] �5i3 Draft of September 21, 2006 IN WITNESS whereof, Grantor and Grantee have set their hands and seals this day of 2006 GRANTOR: PRZ Properties, Inc. By JOSEPH J. PEHLAN III as President M. PETER J. ZANNI as Treasurer COMMONWEALTH OF MASSACHUSETTS Middlesex, ss On this _ day of 2006, before me, the undersigned notary public, personally appeared JOSEPH J. PEHLAN III as President and PETER J. ZANNI as Treasurer proved to me through satisfactory evidence of identification, being (check whichever applies) driver's license or other state or federal governmental document bearing a photographic image, or my own personal knowledge of the identity of the signatory, to be the persons whose names are signed above, and acknowledged the foregoing to be, signed by him/her /them voluntarily for its stated purpose, on behalf of PRZ Properties, Inc. Notary Public My commission expires: Li-S 14 Draft of September 21, 2006 ACCEPTANCE BY TOWN OF READING HISTORICAL COMMISSION We, the undersigned, being a majority of the Town of Reading Historical Commission, Middlesex County, Massachusetts, hereby certify that at a meeting duly held on 2006, said Commission voted to accept the foregoing Preservation Restriction and agreed to be bound by its terms. COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. .2006 On this _ day of , 2006, before me, the undersigned notary public, personally appeared proved to me through satisfactory evidence of identification, being (check whichever applies): ❑ driver's license or other state or federal governmental document bearing a photographic image, ❑ oath or affirmation of a credible witness known to me who knows the above signatory, or ❑ my own personal knowledge of the identity of the signatory, to be the persons whose names are signed above, and acknowledged the foregoing to be signed by him/her /them voluntarily for its stated purpose, as members of the Town of Reading Historical Commission. Notary Public My Commission Expires: _ Print Notary Public's Name: U-Sis Draft of September 21, 2006 ACCEPTANCE BY TOWN OF READING BOARD OF SELECTMEN We, the undersigned, being a majority of the Board of Selectmen of the Town of Reading, Middlesex County, Massachusetts, hereby certify that at a meeting duly held on, . 2006, said Board voted to accept the foregoing Preservation Restriction. Ben Tafoya, Chair Camille Anthony Richard Schubert James Bonazoli Steven Goldy COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. On this _ day of , 2006, before me, the undersigned notary public, personally appeared proved to me through satisfactory evidence of identification, being (check whichever applies): ❑ driver's license or other state or federal governmental document bearing a photographic image, ❑ oath or affirmation of a credible witness known to me who knows the above signatory, or 0 my own personal knowledge of the identity of the signatory, to be the persons whose names are signed above, and acknowledged the foregoing to be signed by him/her /them voluntarily for its stated purpose, as members• of the Town of Reading Board of Selectmen. Notary Public My Commission Expires: _ Print Notary Public's Name: 1 Draft of September 21, 2006 APPROVAL BY MASSACHUSETTS HISTORICAL COMMISSION The undersigned, . Chairman/Clerk/Secretary of the Massachusetts Historical Commission, hereby certifies that the foregoing Preservation Restriction Agreement has been reviewed and approved pursuant to Massachusetts General Laws, Chapters 40 and 184. Date Chairman, Clerk, or Secretary Massachusetts Historical Commission COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. On this _ day of , 2006, before me, the undersigned notary public, personally appeared proved to me through satisfactory evidence of identification, being (check whichever applies): ❑ driver's license or other state or federal governmental document bearing a photographic image, ❑ oath or affirmation of a credible witness known to me who knows the above signatory, or ❑ my own personal knowledge of the identity of the signatory, to be the persons whose names are signed above, and acknowledged the foregoing to be signed by him/her /them voluntarily for its stated purpose, on behalf of the Massachusetts Historical Commission. Notary Public My Commission Expires: Print Notary Public's Name: M L1 5- Board of Selectmen Meeting September 12, 2006 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 6:30 p.m. at the Atlantic Food Mart, 30 Haven Street, Reading, Massachusetts. Present were Chairman Ben Tafoya, Vice Chairman James Bonazoli, Secretary Stephen Goldy, Selectmen Camille Anthony and Richard Schubert (arrived at 7:00 p.m.), RCTV Executive Director Phil Rushworth, RMLD General Manager Vinnie Cameron, Assistant Town Manager/Finance Director Bob LeLacheur, Paula Schena and the following list of interested parties: Bill Brown, Attorney Brad Latham, Charles McDonald Jr., Phil Pacino, Andrew Herlihy, Will Finch, Mary Ellen O'Neill, Karen Herrick, John Carpenter, Clark Petschek, Mark Rumizen, David Williams, Charles Donnelly Moran, Frederick Alexander, Tina Brzezenski, Monette Verrier, Jennifer Hart, Arnold Rubin. The Board met at the Atlantic Food Mart to review the proposed location of the liquor. The meeting reconvened in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts at 7:05 p.m. Reports and Comments Selectmen's Liaison Reports and Comments — Selectman Camille Anthony noted that she met with the Interchange Task Force last night and will be attending the Mass Highway meeting tomorrow. She indicated- that the Board needs to know where they stand on the Interchange Project before October 26, 2006. Selectman Stephen Goldy reminded everyone of the Town Forest Walk on September 24, 2006. Vice Chairman James Bonazoli noted that the stop signs are up on Grove Street and thanked the DPW and Police. He also noted that the Addison - Wesley Working Group is requesting that the Town look at having a traffic study done, and expand the scope to look at Route 128 ramps and side streets. Chairman Ben Tafoya reminded the residents that next Tuesday is Election Day at the TASC building, and there will be a special Selectmen Walk and Talk Meeting on September 16, 2006. Public Comment -- Bill Brown noted that Wilmington just tore down their version of Imagination Station. Assistant Town Manager's Report The Assistant Town Manager gave the following report: • Welcome to the new Police Business Administrator Andrew Scribner - MacLean who started on September 11 a'. S�� Board of Selectmen Meeting _ September 12. 2006 — Page 2 • BOS Walk and Talk, Saturday, September 16th begins at 9:00 a.m. at the tennis courts near Bancroft Avenue ■ ho:// www .ei.reading.ma.us/waUmtalk.ndf • State Primary election next Tuesday September 19th at 55 Walkers Brook Drive ■ http:/ /www.ci.readin&ma_gs/polling.udf ■ http : / /www.ei.reading.ma.us/Sept ballot.ndf • Wan -ant closes September 26, 2006 for November 13, 2006 Subsequent Town Meeting • Fire Department Open House Saturday, October 14s', 10:00 a.m. — 2:00 p.m. • Water /Sewer /Storm Water bills (information and abatement applications) ■ hM://www.ei.readinp,.ma.MLdRw/st0mv • Strong free cash and Enterprise Reserve Fund balances • Debt sale on September 12th ■ $3.7 million Barrows temporary BANs (x33.62% to 2/1/07 ■ $6.96 million Barrows, Water mains, MWRA % buy -in @3.96% Personnel and Appointments Council on Aging — The Board interviewed Charles McDonald for one.Associate position on the Council on Aging. Anthonv moved and Bonazoli seconded to place the following name into nomination for one Associate position on the Council on Aging with a term expiring June 30.2007: Charles McDonald. Mr. McDonald received five votes and was appointed. Board of Appeals — The Board interviewed Clark Petschek for one Associate position on the Board of Appeals. Goldv moved and Bonazoli seconded to place the following name into nomination for one Mystic Valley Elder Services — Rheta McKinley was unable to be present. Schubert moved and Bonazoli seconded to place the following name into nomination for Northern Area Grreenway Task Force — The Board interviewed Mark Rumizen, David Williams, Charles Donnelly Moran, Frederick Alexander and Will Finch for positions on the ad hoc Northern Area Grreenway Task Force. Anthonv moved and Bonazoll seconded to place the following names into nomination for seven positions on the ad hoc Northern Area Greenway Task Force with terms expiring June 30, 2007: Mark Rumizen, David Williams. Charles Donnelly Moran, Frederick Alexander, Marsie West, Brant Ballantyne and Will Finch. Each applicant received five votes and were appointed. s6t> Board of Selectmen Meeting — September 12, 2006 — Pace 3 Discassion/Action Items Review Atlantic Market Liquor License Proposal at Atlantic Market — The Assistant Town Manager noted that the Selectmen had a site visit earlier at the Atlantic Food Mart. Selectman Stephen Goldy asked .if the advertising in the areas is being eliminated, and Arnold Rubin indicated that it is. Chairman Ben Tafoya noted that the square footage calculation is actually 10 square feet less than what they currently have now. Vice Chairman James Bonazoli noted that he received a phone call from a resident asking since it is a liquor store, if it needed a separate door. Selectman Camille Anthony noted that the Board knew it was a grocery store when they granted the license. When convenient stores request a liquor license, that is what the Board looks for. Decision on Atlantic Market Liquor License - A motion by Anthony seconded by Goldy to approve the chance in the site plan for liquor sales at Atlantic Food Mart was approved by a vote of 5-0-0. RMLD Presentation on Green Choice — RMLD General Manager Vinnie Cameron, RMLB Members Phil Pacino and Mary Ellen O'Neill and Citizens' Advisory Board Member Andrew Herlihy were present. Vinnie Cameron noted that the Reading Municipal Light Department is involved in the Green Choice Program. This is a voluntary program to promote renewable energy hours. Donations can be made for $3.00 a block, and the payment is passed onto renewable energy generators. This program promotes the production of green power. It helps present producers of green power exist and continue to improve. Mr. Cameron noted that the Light Department is working closely with the Cities for Climate Protection, and 91 customers have signed up so far. Andrew Herlihy noted that NStar and National Grid customers are forced to pay for this. The RMLD is exempt but still interested in pursuing. The RMLD is the first municipal light department to do this in the State. Mary Ellen O'Neill noted that the goal is for the RMLD to have this as part of their portfolio. Wood End Pljy round Presentation — Tina Brzezenski introduced the members of the Community Playground at Wood End Volunteer Committee. She noted that there are no places in Reading where a handicapped child can play at ease. She also noted that it is very difficult to navigate a wheelchair over mulch, and none of our abutting towns have handicap playgrounds. Ms. Brzezenski noted that the budget is $130,000 and they have raised $73,000. They plan on putting the equipment in October with mulch, and then put the rubberized surface down in the Spring. She noted that fencing is also another cost, and they are asking the Town to fund $42,600. spa Board of Selectmen Meeting — September 12, 2006 — Paae 4 Selectman Richard Schubert noted that this could have a community impact and other parts of Town could want this. He asked if the rubberized surface could be pathways, and Monette Veinier noted that it could not. He asked about the lifespan of the rubber surface, and Ms. Verrier indicated that the equipment is lifetime and the rubberized surface is 25 years. Selectman Stephen Goldy asked if the Conservation Commission approved, and Ms. Brzezenski noted that the Conservation Commission's concern was that they needed to see the plans of the detention basin, but they have approved. Vice Chairman James Bonazoli asked for statistics of disabled children in the area. Ms. Brzezenski noted that the estimate is 160 within a seven mile radius. Chairman Ben Tafoya noted that there is a $57,000 gap but they are only asking for $42,000. He asked if they would be able to raise enough money, and Ms. Brzezenski indicated that they would. Selectman Richard Schubert noted that there is always a shortage of funds in the Capital Plan. He commended the group on what they have done. He feels that Town Meeting is the best place for this discussion, and he is in favor of sponsoring the Article so it will get to Town Meeting. Vice Chairman James Bonazoli noted that the Town needs to look' at this on the whole. Selectman Stephen Goldy noted that the financial perspective is his only concern but he is in favor of sponsoring. Selectman Camille Anthony noted that she is in favor of sponsoring, and also noted that Imagination Station also needs to be discussed. Chairman Ben Tafoya asked if there is any grant money available, and it was noted that there*is no money available through the State. Presentation — Creative Arts — RCTV Plans — RCTV Executive Director Phil Rushworth and. Creative Arts Director Jennifer Hart were present. Phil Rushworth noted that RCTV's lease with the RMLD expires in 2008 and Creative Arts is out of space. Creative Arts rents from the church and it is not the ideal facility. RCTV and Creative Arts are looking to share resources.' They are looking for a community center for the arts, culture and technology. They need 13,000- 20,000 square feet that will include an auditorium, reception area and kitchen. They are looking for referrals, fundraising, land donations or lease options. Chairman Ben Tafoya asked how much for rent is budgeted, and Ms. Hart indicated one bank told her they would need $1 million to do what they want. Mr. Rushworth indicated that RCTV has an operating budget of $114,000 /year, and they expect an increase with Verizon and the Comcast renewal. Board of Selectmen Meeting — September 12, 2006 — Page 5 Vice Chairman James Bonazoli asked if RCTV is willing to offer more training for a fee, and Mr. Rushworth indicated that they are. Ms. Hart noted that Creative Arts has been working with RCTV on a theater program. AAnroval of Bonds — The Assistant Town Manager noted that the Board needs to approve the sale of bonds for the Barrows School. A motion by Goldv seconded by Anthony that the Board of Selectmen of the Town of Reading certify that all action taken by the Town Treasurer in advertising for public sale the $3,701,599 Bond Anticipation Note, No. R -1 (the "Note ") of the Town, issued in anticipation of a portion of the $6,585,000 principal amount of bonds authorized under and pursuant to Chapter 44, Section 7(3). of the Massachusetts General Laws, as amended and supplemented, and by a vote of the Town duly adopted as more particularly described in Exhibit A attached hereto, which by reference thereto is hereby incorporated in and made a part of the minutes of this meeting and this vote, and in that connection, arranging for the sale of the Note by preparing and distributing a Preliminary Official Statement and Notice of Sale dated September 6. 2006, and a final Official Statement dated September 12, 2006, relating to the Bonds (the "Official Statement") is in all respects ratified. confirmed. approved and adopted: That the Note shall be dated as of September 19, 2006, shall mature on February 1, 2007 and shall. subiect to the provisions of this -vote, be in such form of such denomination and contain such other details as the Town Treasurer and a maiority of the Board of Selectmen shall determine or approve by their execution thereof: 'That the Note shall originally be issued by means of a book-entry system evidencing appointed successor thereto, shall issue replacement notes in the form of fully registered certificates and shall act as Transfer Agent and Paving Agent therefor: That the Note shall not be subiect to redemption prior to its stated maturity date: That the Note shall bear interest payable at maturity and is hereby sold and awarded as follows: Purchaser Note No. Amount Interest Rate Premium Piper Jaffray & Co. R-1 $3,701,599.00 4.50% $119919.15 form as the Treasurer may approve by his execution thereof, and the obligation of the Town contained in such certificate is hereby approved and confirmed: SaS Board of Selectmen Meeting — September 12, 2006 — Page 6 That the Board of Selectmen, the Treasurer and the Town Clerk be and hereby are, and each of them severally is, authorized to take such action, and to 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 vote; and That the Town Treasurer is hereby authorized to prepare and deliver the Note to the aforesaid purchaser or order against payment in full of the agreed purchase prices. The motion was approved by a vote of 5-0-0. r The Assistant Town Manager noted that the Selectmen needed to approve the signing of bonds for the MWRA buy in and other water projects. A motion by Goldv seconded by Anthony that the Board of Selectmen of the Town of Reading certify that all action taken by the Town Treasurer in advertising for public sale the $6960,000 General Obligation Bonds (the "Bonds "), of the Town authorized under Chapter 44, Sections 7(3), 8(3), 8(5), 8(6) and 16, of the Massachusetts General Laws, as amended and supplemented and by votes of the Town duly adopted as further described In Exhibit A attached hereto which by reference thereto is hereby incorporated In and made a part of the minutes of this meeting and this vote ("Exhibit A"), and. in that connection, preparing and distributing a Preliminary Official Statement and Notice of Sale dated September 6. 2006 and a final Official Statement dated September 12, 2006, relating to the Bonds (the "Official Statement") be and hereby is ratified, confirmed, approved and adopted; That the Bonds shall be dated as of September 15, 2006, payable on April 15 in each of the years as follows: $745,000 in 2008, $740,000 in 2009, $735,000 in 2010 and 2011, $725,000 in 2012, $235,000 In 2013 through 2024, inclusive. $160,000 In 2025 and $150,000 In 2026 and 2027: shall be in the denomination of $5,000 or any integral multiple thereof, and shall be numbered consecutively: and subject to the provisions of this vote. the Bonds shall be In such form as the Treasurer and a majority of the Board of Selectmen shall determine or approve by their execution of the Bonds; That the Bonds shall be a consolidated issue of the bonds described in Exhibit A. and shall Bonds maturing on or prior to April 15, 2017 shall not be subiect to redemption prior to their stated maturity dates. Bonds maturing on or after April 15, 2018 shall be subiect to redemption prior to maturity, at the option of the Town, on or after April 15, 2017, either in whole or in part at any time, and If in part. by lot within a maturity. at the par amount of the Bonds to be redeemed plus accrued interest to the redemption date. That the Bonds shall originally be issued by means of a book -entry system evidencin ownership and transfer of the Bonds; and in the event of failure or termination of the book - entry system, U.S. Bank National Association In Boston, Massachusetts. or any duly appointed successor thereto, shall issue replacement bonds in the form of fully registered certificates and shall act as Bond Registrar, Transfer Agent and Paving Agent, therefor; S�/L Board of Selectmen Meeting — September 12, 2006 — Pgge 7 That the Bonds shall bear interest pavable on April 15 and October 15 in each year commencine April 15. 2007 in the amounts and at the respective interest rates per annum as follows: Principal Interest Principal Interest Year Amount Rate Year Amount Rate 2008 $745,000 4.75° 0 2018 $235.0 00 4.00% 2009 740,000 5.50 2019 235,000 4.00 2010 735,000 4.00 2020 235.000 4.00 2011 735,000 3.75 2021 235,000 4.00 2012 725,000 3.75 2022 235,000 4.00 2013 235.000 3.75 2023 235.000 4.00 .2014- 235,000 3.75 2024 235,000 4.00 2015 235,000 3.75 2025 160,000 4.125 2016 235,000 5.00 2026 150,000 4.125 2017 235,000 5.00 2027 150.000 4.125 That the bid of Roosevelt & Cross, Inc. to purchase the Bonds at a price of $7.030.003.68 and interest accrued to date of delivery. if any, resulting in a net interest cost rate of Treasurer be and hereby is authorized to deliver the Bonds to the aforesaid purchaser or order against payment therefor; That the Bonds to be issued pursuant to this vote may be secured by insurance or by letter or lines of credit or other credit facilities in accordance with the provisions of Chapter 44, Section 22C of the General Laws, as the Treasurer shall determine, and the Board of Selectmen, the Treasurer and the Town Clerk be and hereby are, and each of them A motion by Anthony seconded by Schubert to adiourn the meeting of September 12, 2006 at 9:55 p.m. was approved by a vote of 54-0. Respectfully submitted, Sxretery sad Walk and Talk Meeting September 16, 2006 The following people were present at all or part of the Walk and Talk: Chairman Ben Tafoya, Secretary Steve Goldy, Selectmen Camille Anthony and Richard Schubert, Recreation Administrator John Feudo, Assistant Town Manager/Finance Director Bob LeLacheur, Town Manager Peter Hechenblellmer, Chronicle Photographer Dave Lucas, residents George Hines, Bill Brown, Jay Dumas, Debbie McCulley, Chris Caruso, Pat Sudbay, Fran Sansalone, Ted Smethurst, Nancy Smethurst. The tour started at the Tennis Courts on Bancroft Avenue. A request was made for a stop sign on Bancroft Avenue - southbound, stop sign on Bancroft Avenue northbound and moving the Hartshorn Street stop sign closer to the intersection. A request was also made for a speed bump. The group reviewed the location under construction for the replacement of the top lot on Bancroft Avenue, with orientation for access off of the pedestrian pathway perpendicular to Bancroft Avenue. Along the way, Fran Sansalone asked about the street trees (in discussion, the existing street trees are fine, she would just like a different type). On Winthrop, there was a drainagelculvert issue identified between 108 Winthrop and looking to the South. The question was whether the drain had been cleaned. There was . also a question about a wall on Winthrop at 112. We will check to see whether this is the property owner's responsibility. The group -stopped at Intervale and John Carver to look at the proposed location of crosswalk and sidewalk. The group stopped and met with residents on the private portion of Woodland. One of the concerns expressed was if Woodland was improved and made a public way, would the fence be removed and residents park there to jump the ditch and go over to Morton Field. The Town Manager explained the betterment process and the residents will consider it. A suggestion was made that the gate in the Aber ona River at Castine be opened for a set time each year to reduce the possibility of flooding upstream. The Board looked at the location where trees were removed next to the artificial turf field. There was a note that there is plywood lying in a pool of water next to the irrigation shed, and that portion of the vita course seems to be missing. s�I Walk and Talk Meeting — September 16, 2006 — Page 2 The group went to Imagination Station and reviewed its condition. This will be on a future agenda for the Board of Selectmen for their decision. Recreation Administrator John Feudo met the group at that location. The group then walked up to the Oakland Road property. They were joined by Ted Smethurst from the Land Bank Committee and Nancy Smethurst. There was discussion that the best orientation for a new road might be off of Grand View Road rather than Oakland Road and a clustering of development on the site might be more desirable. The group then went back to the point of beginning at the Bancroft Tennis Courts. The Assistant Town Manager went with the group back to Town Hall to sign documents for the recent bond sale. Respectfully submitted, Secretary S4/2-- Joint Meeting of Board of Selectmen and CPDC September 28, 2006 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 7:30 p.m. at the Senior Center, 49 Pleasant Street, Reading, Massachusetts. A quorum of the Board of Selectmen and the CPDC were present. Also present were Town Manager Peter Hechenbleikner and the following list of interested parties: Mary DeLai, Mike Schaffer, Christine Brungardt, Nick Safina, John Jarema, Lyn Whyte, Susan Miller, Bob Redfern, Frank Pascuto, Jonathan Barnes, Chris Reilly, Rick Schubert, George Katsoufis, John Sasso, Dave Tuttle, Neil Sullivan, Carl McFadden, Bernie Casey, Brant Ballantyne, Mary Ellen O'Neill, Eleanor White. The Town Manager reviewed the agenda, the purpose, and introduced Eleanor White President of Housing Partners, Inc. Ms. White reviewed a PowerPoint presentation on Chapter 40R and Chapter 40S smart growth initiatives. Questions were asked and answered from the participants. Ms. White noted that Chapter 40R "as of right" zoning, that the community may establish design standards, and that minimum densities for one family units is eight per acre, for two to four family units 12 per acre, and for multi - family units 20 per acre. Ms. White reviewed the formula for 40S. She indicated that through Mass. Housing, grants up to $50,000 for planning are available. More than one 40R district can be created, and they don't have to be done at the same time. Six communities have passed 40R, zoning districts: Lunenburg, Norwood, Dartmouth, North Reading, Plymouth and Chelsea. Thirty other communities are considering such districts. The group thanked Ms. White for her presentation and moved on to other agenda items. Town Planner Chris Reilly reviewed the lengthy and comprehensive process for preparation and review of the housing - related goals of the adopted Master Plan and Housing Plan draft involving the CPDC, Master Plan Advisory Committee and Planning Subcommittee, with explanatory reference to Housing Objectives 1B through 5. He then reviewed the State's housing certification statistics, proposed Housing Plan annual production and likely affordable housing development to date. These indicate that the Town currently is over 200 housing units shy of the State - mandated requirements under MGL Chapter 40B that 10% of municipal housing stock be affordable. Based on projected housing unit growth anticipated upon the 2010 Census the State will use to determine certification, the Town would be approximately 250 units shy of that goal if no further affordable units are produced. Scl Joint Meeting of Board of Selectmen and CPDC — September 28, 2006 — Pane 2 Mr. Reilly then explained that the Selectmen and Town Manager have identified the preparation and adoption of the Housing Plan as a priority, and they have assigned the task of preparing a draft to the Planning Subcommittee for the Board of Selectmen to review, input and adoption prior to submission for State approval. He then reviewed the need for and requirements and benefits of the Housing Plan once approved by the State, and invited comments and input from the CPDC. The Planning Subcommittee and Town Manager then asked for comments from attendees, and promised to seek out additional input from the community, including the Chamber of Commerce, the School Committee and Town Meeting. A tentative schedule which would have a presentation to the Board of Selectmen on a October 26, 2006 report to Town Meeting on November 13, 2006, Board of Selectmen approval of a planned production plan in January 2007, a Special Town Meeting in January or February 2007, and submission of the plan to DHCD in March of 2007. There being no further business, the CPDC and Board of Selectmen adjourned their meeting of September 28, 2006 and the program ended at approximately 9:45 p.m. Respectfully submitted, Secretary SJ� �. Page 1 of 1 t /W Hechenblelkner, Peter From: CKZeek(Maol.com Sent: Tuesday, September 26, 2006 4:25 PM To: Reading - Selectmen Subject: Park Square At Reading I am writing in support of the proposed Park Square project. The developers have consistently shown their willingness to work with the selectmen, the working gawp, the neighbors, and the community as a whole on the design of the development. They have consistently shown their wilingness to work on mitigation of situations like traffic, parking, and connections with downtown merchants. In fact, the traffic Improvements proposed would be welcome change from the current situationl The development will be an attractive, well- landscaped one with tenants likely to reflect well on Reading, and is likely to make a positive impact on the town's revenue. While there will certainly be high - demand periods during the year, these can be easily anticipated and perhaps moderated. This retail development is the best option for the property in terms of appearance, traffic, and effect on the town's revenues and infrastructure. It seems apparent that the property owners are ready to sell the property in the near future. I urge you to continue to work with this developer for the benefit of the whole town. Cathy Zeek 163 Pearl Street 9/26/2006 M Page 1 of 1 Hechenblelkner, Peter q C Aix From: s d [smdburger@hotmall.com] Sent: Wednesday, September 27, 2006 8:22 AM To: Reading - Selectmen Subject: no mall Dear Selectmen, Please be advised that my husband are against the mall coming into town. Please explore the over 55 housing option. Thank you, Susan Deyermenjian 20 Dustin Rd � 9/27/2006 1, 1 Ad Marie Thank you for the e-mail. We do not have a specific program date for paving of Franklin Street. This year, we are conducting our update of the pavement management program. This program determines the order of road improvements to be undertaken within the community. We do this update every three years. . Based on the results of the pavement management study, we will be able to let residents know when your street is scheduled to be reconstructed or repaved. I appreciate your feedback on the proposed redevelopment of Addison Wesley. i will pass these comments along to the Board of Selectmen. The Board actually voted last evening not to support moving forward with the re- zoning of that site as has been proposed. I do appreciate the feedback, and are what happened here from residents. Pete From: marielegal [mailto:marielegal @verizon.net] Sent: Wednesday, September 27, 2006 8:23 AM To: Town Manager; Town Manager Subject: Paving Fraanklin Thanks for returning my phone call Peter but I think it is better to reach you this way. You are a very busy man. I have a question for you and it pertains to street paving. Is there a target date set for paving Franklin. If there is, I would like to know what it is. Thanks. Now Peter, I am told that you like to get feedback from the townspeople on how they feel about decisions being made and I do have some feedback for you. This pertains to the possibility of the new shopping center planned for Addison Wesley. There is a huge amount of anxiety over this development, Peter. People who live in that area and those who have been there for a very long time are very concerned over what could happen to their neighborhoods. With all the delivery trucks going and coming from that area, the noise level would rise considerably. Trucks of every kind and description such as garbage trucks, rubbish trucks, food delivery trucks, delivery trucks Jc/J for various stores and UPS trucks, to name a few. Food processing from restaurants and garbage from same could cause a rodent problem. Lighting could upset the neighbors the way it did when Jordan's Furniture opened their doors. Peter when I say anxiety, I mean it in a serious way. The QU ET ENJOYMENT that they have a right to would be gone with the wind. I just thought you might like to know what's going on. I know these issues have been voiced at the meetings by many but there are plenty of people not at those meetings who are hugely upset. I think that they feel that it won't do any good to be anti - shopping center because the decision is not theirs to make even if it will have a definite adverse effect on them. I'm not involved in this matter since it is the other side of town but I do listen to them and their concerns and I thought you would like to know. Perhaps over 55 housing would be a better idea since it won't impact our school system but will bring in more revenues. Sincerely, Marie Dudinski 24 Emerson St. Reading, MA 01867 Free Halloween Emodcons for your small -By IncmdWaill Click Heral Page 1 of 1 Hechenblelkner, Peter From: noma1101867 [nomaII01867@comcest.net] Sent: . Thursday, September 28, 2006 10:08 AM To: Reading - Selectmen Subject: Thank you from Reading CARE Members of the Board of Selectmen, Reading CARE wishes to thank the members of the Board that voted against the current mail proposal by W/S Development. It was a very important demonstration of leadership at a time when the community needed closure regarding this matter. The families that represent Reading CARE stand ready to help you determine what Is the best fit for the Addison Wesley/Pearson site, On behalf of the 1053 Reading CARE endorsers, thank you. Jay Lenox Chairman Reading CARE N f I ZA V, 0 9/28/2006 Page 1 cf 1 Hechenblelkner, Peter From: ijb Plenejb @hotmall -comj Sent: Thursday, September 28, 2006 8:54 AM To: Reading - Selectmen cc: ilenejb(Mhotmail.com Subject: A/W vote Tr Mvw for nlecdo Me AM Perk Spero ereAoeel. It= aloft MOM M liar interate SIGN awn. Yen hm done mo rfsMtdit Ceuvrmau L wilt Flo, Reno 1. �eratNn E , A LOA, L 9/28/2006