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HomeMy WebLinkAbout2016-01-12 Board Of Selectmen PacketDRAFT - BOARD OF SELECTMEN 2016 AGENDAS 2016 1/7/2016 Staff Estimated January 12, 2016 Pleasant St Ctr Office flour Halsey 6:30 License Transfer - Ristorante Pavarotti 7:00 Police Chief Badge Pinning 7:05 FY17 Town Budget 7:30 Budget Overview LeLacheur Administrative Services Kraunelis Public Services Delios Finance Angstrom Facilities Huggins Appointment Human Relations Advisory Committee Street Acceptances LeLacheur 9:30 January 19,2016 Hearing teration o rcnAscs - Anthony's oa fired Pizza - Patio Plan 7:00 FY17 Town Budget 7:10 Public Safety - Fire/EMS Bums Public Safety - Police Segalla Public Safety - Dispatch Segalla Public Library UrelYfrustees Public Works Zager Enterprise Funds LeLacheur Benefits, Miscellaneous LeLacheur Capital/Debt LeLacheur Budget Summary LeLacheur January 20, 2016 - Financial Forum Pleasant St Ctr 7:30 January 26,2016 Animal Control Bylaw Miyares 7:30 St. Agnes LIP LeLacheur 8:15 HEARING Request for 2nd Driveway at 315 Pearl Street 9:00 HEARING Close Warrant for April 25, 2016 Annual Town Meeting and Close Warrant for Presidential Primary LeLacheur 9:15 FY17 Budget Ensminger 9:45 EPI February 9,2016 Office Hour 6:30 Multi Board/Committee Chair & Vice Chair Summit LeLacheur February 23, 2016 Discuss forming Cable Advisory Committee - cable agreements expire 11/23/18 - 3yr formal process is allowed Town Counsel Local elections March 1, 2016 Tuesday March 8, 2016 Office Hour 6:30 Board Reorganization LeLacheur March 22, 2016 HEARING Water, Sewer and Storm Water Rates for FY16 LeLacheur 9:00 Vote Annual Town Meeting Warrant Articles LeLacheur 9:30 April 5, 2016 Office Ilom' 6:30 April 19, 2016 Town Meeting April 25, 2016 Monday Town Meeting April 28, 2016 Thursday Town Meeting May 2, 2016 Monday Town Meeting May 5, 2016 Thursday May 3, 2016 Office Hour 6:30 May 17, 2016 June Hour 6:30 6 HUMAN RELATIONS ADVISORY COMMITTEE Term: Three years Appointing Authority: Board of Selectmen Number of Members: Seven Members —one member shall be a member of the Board of Selectmen or designee; one member shall be the Chief of Police or his /her designee; one member shall be designated by the School Committee; the remaining four shall be a diverse group to the extent possible Meetings: Monthly on the second Thursday of the month Authority: Board of Selectmen Purpose: The Human Relations Advisory Committee shall: • Engage in outreach to such groups which may have suffered from or been the object of such discrimination or may perceive themselves to have been the object of the same; • Provide a safe place where individuals or groups may air their concerns or complaints as to the existence of such discrimination or where concerns as to the potential existence of such discrimination within the Town or community at large or the perception thereof may be discussed; • Identify perceived problems of such discrimination or human relations conflicts within the Town and be a resource or referral agency to assist the parties or mediate among the parties so as, to the extent possible, permit the resolution of the same at the local level; and • Promote and encourage understanding, tolerance and diversity and the recognition of human and civil rights in the Town and community and sponsor educational programs and the celebrations of events for that purpose. Ho'� Schena, Paula From: Segalla, Mark Sent: Sunday, January 03, 2016 4:15 PM To: Schena, Paula Cc: Clark, David Subject: HRAC Paula, Going forward Dave Clark will be my representative. He will need to become a full member and I will be taken off the Committee. What do we need to do to make this happen? I attached Dave to this email. Thank you and Happy New Year! Mark Mark D. Segalla Chief of Police Reading Police Department 15 Union Street Reading, MA 01867 781 -942 -6774 Sent from my phone yaa LRIAh NOTICE TOWN OF READING To the Inhabitants of the Town of Reading: Please take notice that the Board of Selectmen of the Town of Reading will hold a public hearing on January 12, 2016 at 7:00 p.m. at the Senior Center, 49 Pleasant Street, ,Reading, Massachusetts on a transfer of the All Alcohol Liquor License from Ristorante Pavarotti, Inc. d /b /a Ristorante Pavarotti to Rocco's Enterprises, LLC d/b /a Ristorante Pavarotti at 601 Main Street and Change of Manager. A copy. of the proposed docu- ment regarding this topic is available in the Town Manager's office, 16 Lowell Street, Reading, MA, M -W- Thurs from 7:30 a.m. - 5:30 p.m., Tues from 7:30 a.m. - 7:00 p.m. and is attached to the hearing notice on the website - at www.readinama.cov All interested parties are invit- ed to attend the hearing, or may submit their comments in writing or by email prior to 6:00 p.m. on January 12, 2016 to By order of - Robert W. LeLacheur Town Manager 12.29.15 5 ^ 1 READING POLICE DEPARTMENT 15 Union Stre_et_- R_e_a_dinn ,_Massachusetts D1887 Emergency Only 911 • All Other Calls: (781) 944 -1212 • Fax: (781) 944 -2893 Web: wanv.ci.reading.ma.us/policel EXECUTIVE SUMMARY -�� Transfer of Retail Alcoholic Beverages License and Change of Mapaeer- Ristorente Pavarotti. 1 �. December 30, 2015 Chief Mark D. Segalla Reading Police Department 15 Union Street Reading, MA 01867 Chief Segalla, As directed by your Office and in accordance with Reading Police Department Policy and Procedures, I have placed together an executive summary of the application for a Transfer of Retail Alcoholic Beverage License and Change of Manager Application for the Liquor License #101600030. The location of this license is 601 Main Street (dba "Ristorante Pavarotti "). The current licensee is Ristorame Pavarott, and the proposed transferee is Rocco's Enterprises, LLC. Officers, directors, stockholders and mana er: 1) LLC Manager: Paul DellaRocco 2) Manger: Paul DellaRocco Ownership Interests: 1) Paul DellaRocco - 100% stock ownership I find no reason why the license application should not go forward. Respectfully Submitted, I;f. Det.`Richard Abate Criminal Division Commander 5 aa- The Commonwealth of Massachusetts _ Alcoholic Beverages Control Commission 139 Causeway Street Boston, MA 02114 www,mass.sov/ahcc FORM 43 MUST BE SIGNED BY LOCAL LICENSING AUTHORITY 1016000030 Rocco's Enterprises, LLC Reading EIN of Licensee ABCC License Number CitV/Iown Yes ❑ No TRANSACTION TYPE (Please 1h elk all relevant transactional- D /B /A New License ❑ New Officer/Director ❑ Pledge of license ® Transfer of License ❑ Change of Location ❑ Pledge of Stock ❑X Change of Manager ❑ Alteration of Licensed Premises ❑ Transfer of Stock ❑ Cordials/Liqueurs Permit ❑ Issuance of5tock ❑ New Stockholder ❑ 6 -Dayto 7 -Day License ❑ Management/Operating Agreement ❑ Wine& Malt to All Alcohol ❑ For Reconsideration 01/12/2016 Local Approval Date ❑ Change Corporate Name ❑ Seasonal to Annual ❑ Change of License Type ❑ Other Name of Licensee Rocco's Enterprises, LLC Advertised: EIN of Licensee 14&28,17037 Abutters Notified: Yes ❑ No Date &Time We& Anil Publlcadim D /B /A Ristorante Pavaroni Licensee Contact Person for Transaction Manager Phone: 617 - 997 -6864 Paul Dellallocco CITY/TOWN: Weston ADDRESS: 02493 CITY/COWN: Weston STATE ZIP CODE ZIPCODE 56 Fairview Road FMA7 02493 Annual All Alcohol Annual or Seasonal Category. WlAko tarm & Malt Want .ft &c.N..la WIre:MYp Restaurant Granted under Special Legislation? Yes ❑ No Type: V emmm.�nnaam..v, <r1 : If Yes, Complete Description of Licensed Premises: - -'- '- First floor, dining area, kitchen and bathroom,1 entrance, 2 exits, 1500 s /f, shared basement storage 1200s /f Application Filed: Dec 28, 2015 Advertised: Dec29,2015 Abutters Notified: Yes ❑ No Date &Time We& Anil Publlcadim Licensee Contact Person for Transaction Paul Dellaflocco Phone: 617 - 997 -6864 CITY/TOWN: Weston 02493 ADDRESS: 56Fairview Road STATE FMA—] ZIPCODE Remarks: The Local Licensing Authorities By: ARCC Remarks: Akohpllc&vengescentnil Cwnmiw. Ralph S..M.e D,ecuevc Dinh a3 The Commonwealth ofMassachasetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www.nrangov /abet RETAIL ALCOHOLIC BEVERAGES LICENSE APPLICATION MONETARY TRANSMITTAL FORM APPLICATION SHOULD BE COMPLETED ON -LINE, PRINTED, SIGNED, AND SUBMITTED TO THE LOCAL LICENSING AUTHORITY. ECRT CODE: RETA CHECK PAYABLE TO ABCC OR COMMONWEALTH OF MA: $200.00 (CHECK MUST DENOTE THE NAME OF THE LICENSEE CORPORATION, LLC, PARTNERSHIP, OR INDIVIDUAL) CHECK NUMBER 1654 IF USED EPAY, CONFIRMATION NUMBER A.B.C.G LICENSE NUMBER (IF AN EXISTING LICENSEE, CAN BE OBTAINED FROM THE CITY) 101600030 LICENSEE NAME Rocco's Enterprises, LLC D /e /A Ristorante Pavarotti ADDRESS 601 Main Street CITY/TOWN Reading STATE MA ZIP CODE r967 TRANSACTION TYPE (Please check all relevant transactions): ❑ Alteration of Licensed Premises ❑ Cordials/Liqueurs Permit ❑ New Officer /Director ❑X Transfer of License ❑ Change Corporate Name ❑ Issuance of Stock ❑ New Stockholder ❑ Transfer of Stock ❑ Change of License Type ❑ Management/Operating Agreement ❑ Pledge of Stock ❑ Wine& Malt to All Alcohol ❑ Change of Location- ❑ Morethan (3) §15 ❑ Pledge of License ❑ 6 -Dayto ] -Day License O Change of Manager F] New License ❑ Seasonal to Annual ❑ Other THE LOCAL LICENSING AUTHORITY MUST MAIL THIS TRANSMITTAL FORM ALONG WITH THE CHECK, COMPLETED APPLICATION, AND SUPPORTING DOCUMENTS TO: ALCOHOLIC BEVERAGES CONTROL COMMISSION P. 0. BOX 3396 BOSTON, MA 02241 -3396 5OLq ATTENTION: TO COMPLETE THIS APPLICATION YOU WILL REQUIRE A CERTIFICATE OF GOOD STANDING FROM THE MASSACHUSETTS DEPARTMENT OF REVENUE (DOR) Please visit their website at www.mass.gov/DOR or contact the Customer Service Bureau 1800- 392 -6089 or 617 - 887- MDOR). for instructions on how to obtain a certificate of good standing. 5a5 Commonwealth of Massachusetts Alcoholic Beverages Control Commission US 239 Causeway Street, First Floor Boston, MA 02114 PETITION FOR TRANSFER OF OWNERSHIP, TRANSFER OF STOCK, NEW OFFICER(S), DIRECTOR(S), STOCKHOLDER($) AND LLC MANAGER(S) 101600030 ABCC License Number Reading City/Town The licensee A. Ristorante Pavamtti and the proposed transferee B. Rocco's Enterprises, LLC DBA Ristorame Pa respectfully petition the Licensing Authorities to approve the following transfer of ownership. Any Corporation, LLC or Association, Partnership, Individual, Sole Proprietor Listed in box (A.) must submit a certificate of good standing from the Massachusetts Department of Revenue (DOR). Is the PRESENT licensee a Corporation /LLC listed in box (A.), duly registered under the laws of the Commonwealth of Massachusetts? ® Yes 0 No If YES, please list the officers, directors and stockholders, their residences, and shares owned by each. Name Title Address Stockor %Owned Massimo L Fiume President 645 Fellsway West, Medford, MA 01225 100% Is the PROPOSED transferee a Corporation /LLC listed in box (B.), duly registered under the laws of the Commonwealth of Massacnusettsl © Yes ❑ No TO: (Place an' before the name of each DIRECTOR /LLC Manager.) Name Title Address Stock or %Owned • Paul DellaRocco Manager 56 Fairview Road, Weston, MA 02493 10096 The above named proposed transferee herebyjoins in this Petition tor transfer or said ucense. SIGNATURE OF LAST- APPROVED LICENSEE: _ Rfa CO.POratlortlLLC, itaauthwlze4representative) SIGNATURE OF PROPOSED TRANSFEREE: s Date Signed VOO APPLICATION FOR RETAIL ALCOHOLIC BEVERAGE LICENSE City/Town Reading _ __ _j I 1. LICENSEE INFORMATION: A. Legal Name /Entity of ApplicantgCorporatlon, uc or individual) Rocco's Enterprises, LLC DBA Ristorante Pavarotti B. Business Name (if different) : C. Manager of Record: Paul DellaRocco D. ABCC License Number (tor exkting licenses only) : 101600030 E.Address of Licensed Premises 601 Main St. City/Town: Reading State: MA Zip: 02493 F. Business Phone: (617) 997 -6864 G. Cell Phone: H. Email: I. Website: Ristorante Pavarotti I.Malling address (if different from E.): 56 Fairview Road City/Town: Weston State: Ew:::] Zip: 02493 2. TRANSACTION: ❑ New License ❑ New Officer /Director ❑ Transfer of Stock ❑ Issuance of Stock ❑ Pledge of Stock ❑ Transfer of License ❑ New Stockholder ❑ Management /Operating Agreement ❑ Pledge of License The following transactions must be processed as new licenses: ❑ Seasonal to Annual ❑ (6) Day to (7)-Day License ❑ Wine& Malt to All Alcohol IMPORTANT ATTACHMENTS (1): The applicant must attach a vote of the entity authorizing all requested transactions, including the appointment of a Manager of Record or principal representative. 3. TYPE OF LICENSE: Mx §12 Restaurant E] 1112 Hotel E] §12 Club ❑§12Veterans Club E] §12 Continuing Care Retirement Community ❑ §12 General On- Premises ❑ §12 Tavern (No Soudan) ❑ §15 Package Store 4. LICENSE CATEGORY: © All Alcoholic Beverages ❑ Wines & Malt Beverages ❑ Wines ❑ Malt ❑ Wine &MaltBeverages with Cordials /Liqueurs Permit 5. LICENSE CLASS: ❑X Annual ❑ Seasonal 50-1 CONTACT PERSON CONCERNING THIS APPLICATION (ATTORNEY IF APPLICABLE) NAME: Please provide a complete description of the premises. Please note that this must be identical to the description on the Form 43. Your deuriodon MUST Paul DellaRocco building, first floor to be licensed, 3 rooms, l entrance 2 exits (3200sq ft); outdoorpr io (1200 sq ft); Basement for storage (1200 sq f[). Total sq IT = 561 First floor, dining area, kitchen and bathroom, l entrance, 2 exits, 1,500 s /f, shared basement storage 1,200 slit. ADDRESS: Occupancy Number: 50 Seating Capacity: SO 56 Fairview Road CITY/TOWN: By what right does the applicant have possession and /or legal occupancy of the premises? Final Lease STATE: MA ZIP CODE: 02493 legal right to occupy the premises. Other: Weston Name: Phillip Vaccaro Phone: (781)670 -9050 CONTACT PHONE NUMBER: (617) 997 -6864 Renewal Term: 5 years Options /Extensions at: Years Each FAX NUMBER: Do the terms of the lease or other arrangement require payments to the Landlord based on a percentage of the alcohol sales? Yes ❑ No ❑X If Yes, Landlord Entity must be listed in question p 10 of this application. R the principals of the applicant corporation or LLC have created a separate corporation or LLC to hold the real estate, the applicant must still provide a lease between the two entities. EMAIL: 7. DESCRIPTION OF PREMISES: Please provide a complete description of the premises. Please note that this must be identical to the description on the Form 43. Your deuriodon MUST in I I square footme . i.e.: "Threeslary building, first floor to be licensed, 3 rooms, l entrance 2 exits (3200sq ft); outdoorpr io (1200 sq ft); Basement for storage (1200 sq f[). Total sq IT = 561 First floor, dining area, kitchen and bathroom, l entrance, 2 exits, 1,500 s /f, shared basement storage 1,200 slit. Total Square Footage: 1,500 Number of Entrances: Number of Exits: �J Occupancy Number: 50 Seating Capacity: SO IMPORTANT ATTACHMENTS (2): The applicant must attach a floor plan with dimensions and inuarefootage for each floor & room. S. OCCUPANCY OF PREMISES: By what right does the applicant have possession and /or legal occupancy of the premises? Final Lease IMPORTANT ATTACHMENTS (3): The applicant must submit a copy of the final lease or documents evidencing legal right to occupy the premises. Other: Landlord is a(n): Individual Other: Name: Phillip Vaccaro Phone: (781)670 -9050 Address: 12 Latham lane City/Town: Reading State: MA Zip: 1867 Initial Lease Term: Beginning Date 2/1 /2016 Ending Date 1/31/2020 Renewal Term: 5 years Options /Extensions at: Years Each Rent: 530,000.00 Per Year Rent: 52,500.00 Per Month Do the terms of the lease or other arrangement require payments to the Landlord based on a percentage of the alcohol sales? Yes ❑ No ❑X If Yes, Landlord Entity must be listed in question p 10 of this application. R the principals of the applicant corporation or LLC have created a separate corporation or LLC to hold the real estate, the applicant must still provide a lease between the two entities. M The Applicant is a(n): LLC If the applicant is a Corporation or LLC, complete the following: State of Incorporation /Organization: MA Is the Corporation publicly traded? Yes El No❑X Other: Date of Incorporation /Organization: 05/23/2013 10. INTERESTS IN THIS LICENSE: List all individuals involved in the entity (e.g. corporate stockholders, directors, officers and LLC members and managers) and any Person or entity with a director indirect, beneficial or financial interest in this license. IMPORTANT ATTACHMENTS (4): A. All individuals or entities listed below are required to complete aPersonal Information For m. B. All shareholders, LLC members or other individuals with any ownership in this license must completes CORI Release Form (unless they are a landlord entity) Name All Titles and Positions Specific % Owned Other Beneficial Interest Paul DellaRocco Manager 100% additional space is needed, please use last page. 11. EXISTING INTEREST IN OTHER LICENSES: Does any individual listed in §10 have any direct or indirect, beneficial or financial interest in any other license to sell alcoholic beverages? Yes ❑ No ❑X If yes, list said interest below: Name License Type Licensee Name & Address Please Select Please Select Please Select Please Select Please Select Please Select additional space Is needed, please use last page. 12. PREVIOUSLY HELD INTERESTS IN OTHER LICENSES: Has any individual listed in §30 who has a director indirect beneficial interest in this license ever held a director indirect, beneficial or financial interest in a license to sell alcoholic beverages, which is not presently held? Yes N No © If Yes, Ilst said interest below: Name Licensee Name & Address Date Reason Terminated 1. Are you a U.S. Citizen? Yes NX No Please Select Yes © No B.) For Corporation(s) and LLC(s): Please Select 1. Are all Directors /LLC Managers U.5. Citizens? Yes Please Select Have any of the disclosed licenses to sell alcoholic beverages listed in §31 and /or §12 ever been suspended, revoked or cancelled? Yes N No NX If yes, list said interest below: Date License Reason of Suspension, Revocation or Cancellation l4. CITIZENSHIP AND RESIDENCY REQUIREMENTS fOR A ( §15) PACKAGE STORE LICENSE ONLY : A.) For Individual(s): 1. Are you a U.S. Citizen? Yes NX No 2. Are you a Massachusetts Residents? Yes © No B.) For Corporation(s) and LLC(s): 1. Are all Directors /LLC Managers U.5. Citizens? Yes NX No 2. Are a majority of Directors /L-C Managers Massachusetts Residents? Yes Q No N 3. Is the License Manager a U.S. Citizen? Yes NX No C.) For Individual(s), Shareholder(s), Member(s), Director(s) and Cifficer(s): 1.. Are all Individual(s), Shareholders, Members, Direct ors, LLC Managers and Officers involved at least twenty- one(21) years old? Yes NX No CLUB LICENSE ONLY: A.) For Individual(s): 1. Are you a U.S. Citizen? Yes Q No B.) For Corporation(s) and LLC(s) 1.Area majority of Direct ors /LLC Managers NW U.S.Citizen(s)? Yes N No Nx 2. Is the License Manager or Principal Representativea U.S.Citizen? Yes NX No C.) For Individual(s), Shareholder(s), Member(s), Directors) and Officer(s): L. Are all lndividuallsl, Shareholders, Members, Directors, LLC Managers and Officers involved at least twenty-one(21) years old? Yes NX No F1 5a�0 COSTS TRANSACTION: A. Purchase Price for Real Property: I I B. Purchase Price for Business Assets: $145,000.00 C. Costs of Renovations /Construction: D. Initial Start-Up Costs: L E. Purchase Price for Inventory: $5,000.00 F. Other: (Specify) G: TOTAL COST I $150,000.00 H. TOTAL CASH I. TOTAL AMOUNT FINANCED $150,000.00 $0.00 IMPORTANT ATTACHMENTS (5): Any individual, LLC, corporate entity, etc. providing funds of $50,000 or greater towards this transaction, must provide proof of the source of said funds. Proof may consist of three consecutive months of bank statements with a minimum balance of the amount described, a letter from your financial institution stating there are sufficient funds to cover the amount described, loan documentation, or other documentation. The amounts listed in subsections (H) and (I) must total the amount reflected in (G). 17. PROVIDE A DETAILED EXPLANATION OF THE FORMS) AND SOURCE(S) OF FUNDING FOR THE COSTS IDENTIFIED ABOVE (INCLUDE LOANS, MORTGAGES, LINES OF CREDIT, NOTES, PERSONAL FUNDS, GIFTS): Personal funds Dollar Amount 'If additional space is needed, please use last page. 18. LIST EACH LENDER AND LOAN AMOUNT(5)FROM WHICH "TOTAL AMOUNT FINANCED "NOTED IN SUB - SECTIONS 16(I) WILL DERIVE: A. Name Dollar Amount Type of Financing It addifionai space is nee a ,pease use ast page. 8. Does any individual or entity listed in §37 or §18 as a source of financing have a direct or indirect, beneficial or financial Interest in this license or any other license(s) granted under Chapter 1387 yes [—] No Q If yes, please describe: 5a�� •A.) Is the applicant seeking approval to pledge the license? ❑ Yes © No 1. If yes, to whom: I�—� I 2. Amount of Loan: 3. Interest Rate: 1 I_ 4. Length of Note: & Terms of Loan : B.) If a corporation, is the applicant seeking approval to pledge any of the corporate stock? [:]Yes ❑ No 1. If yes, to whom: 2. Number of Shares: C. ) Is the applicant pledging the inventory? ❑ Yes ❑x No If yes, to whom: IMPORTANT ATTACHMENTS )6): If you are applying for a pledge, submit the pledge agreement, the promissory note and a vote of the Corporation /LLC approving the pledge. Are the premises being remodeled, redecorated or constructed in any way? If YES, please provide a description of the work being performed on the premises: ❑ Yes ❑X No 21. ANTIGPATED OPENING DATE: IF ALL OF THE INFORMATION AND ATTACHMENTS ARE NOT COMPLETE THE APPLICATION WILL BE RETURNED 503a APPLICANTS STATEMENT I'l the: ❑sole proprietor; ❑ partner; El corporate principal; ® LLC /LLP member ANhorized signatory Of rtoao's Epterprlses, LLC , hereby submit this application for License Transfer Name of the Entity /Corporation Tra0sa00n(9) you are applying for (hereinafter the "Application "), to the local licensing authority (the "LLA ") and the Alcoholic Beverages Control Commission (the "ABCC" and together with the LLA collectively the "Licensing Authorities ") for approval. I do hereby declare under the pains and penalties of perjury that I have personal knowledge of the information submitted in the Application, and as such affirm that all statement and representations therein are true to the best of my knowledge and belief. I further submit the following to be true and accurate: (1) 1 understand that each representation in this Application is material to the Licensing Authorities' decision on the Application and that the Licensing Authorities will rely on each and every answer in the Application and accompanying documents in reaching its decision; (2) 1 state that the location and description of the proposed licensed premises does not violate any requirement of the ABCC or other state law or local ordinances; (3) 1 understand that while the Application is pending, I must notify the Licensing Authorities of any change in the information submitted therein. I understand that failure to give such notice to the Licensing Authorities may result in disapproval of the Application; (4) 1 understand that upon approval of the Application, I must notify the Licensing Authorities of any change in the Application information as approved by the Licensing Authorities. I understand that failure to give such notice to the Licensing Authorities may result in sanctions including revocation of any license for which this Application is submitted; (5) 1 understand that the licensee will be bound by the statements and representations made in the Application, including, but not limited to the identity of persons with an ownership or financial interest in the license; (6) 1 understand that all statements and representations made become conditions of the license; (7) 1 understand that any physical alterations to or changes to the size of, the area used for the sale, delivery, storage, or consumption of alcoholic beverages, must be reported to the Licensing Authorities and may require the prior approval of the Licensing Authorities; (8) 1 understand that the licensee's failure to operate the licensed premises in accordance with the statements and representations made in the Application may result in sanctions, including the revocation of any license for which the Application was submitted; and (9) 1 understand that any false statement or misrepresentation will constitute cause for disapproval of the Application or sanctions including revocation of any license for which this Application is submitted. Signature: yl%�� —� Date: u- Title: osq 503 The Common wealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street US Boston, MA 02114 www.nmss.yov/abcc MANAGER APPLICATION All proposed managers are required to complete a Personal Information Form, and attach a copy of the corporate vote authorizing this action and appointing a manager. 1. LICENSEE INFORMATION: Legal Name of Licensee: Racco's Enterprises, LLC —� Business Name (doe): Ristorante Pavarotti Address: 56 Fairview Road Otwown: Weston State: MA Zip Code: 102493 —� ABCC License Number: 101600030 Phone Number of Premise: (781)670 -9050 (If existing licensee) 2. MANAGER INFORMATION: A. Name: Paul DellaRocco B. Cell Phone Number: C. list the number of hours per week you will spend on the licensed premises: varies 3. CITIZENSHIP INFORMATION: A. Are you a U.S. Citizen: Vey ❑X No ❑ B. note of Naturalization: C. Court of Naturalization: (Submit proof of citizenship and /or naturalization such as U.S. Passport, Voter's Certificate, Birth Certificate or Naturalization Papers) Do you now, or have you ever, held any direct or indirect, beneficial or financial interest a license to sell alcoholic beverages? yes ❑ No ❑X If yes, please describe: B. Have you ever been the Manager of Record of a license to sell alcoholic beverages that has been suspended, revoked or cancelled? yes ❑ No Ifyes, please describe: C. Have you ever been the Manager of Record of a license that was issued by this Commission? yes ❑ No ❑X If yes, please describe: D. Please list your employment for the past ten years (Dates, Position, Employer, Address and Telephone) Ret7.o� , Roc co's Enterprises, LLC, 56 Fairview Road, Weston, MA 02493 I hereby swear under Signature F provided in this Date /! is /f 5014 The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www.mass.govlabcc PERSONAL INFORMATION FORM Each individual listed in Section 30 of this application must complete this form. Legal Name of Licensee Rocco's Enterprises, LlC 156 Fairview Road I B. Business Name (dba) Ristorante Pavarottl D. ABCC License Number 101600030 (If existing licensee) City/Town Weston State MA Zip Code 02493 Phone Number of Premise (617(996 -6864 G. EIN of License A. Individual Name Paul DellaRA B. Home Phone Number (781) 373 -3221 C. Address 56 Fairview Road D. City/Town Weston State MA Zip Code 02493 E. Social Security Number F. Date of Birth G. Place of Employment Rocco's Enterprises, LLC you ever been convicted of a state, federal or military crime? Yes ❑ No ❑x Past of the appliratbn process, are individual must attach an annuals as m airy and all wnmctions. The affidaun must include Me dtv asM aatav4sasa a detailed description of your direct or indirect, beneficial or financial interest in this license. I hereby swear under the pains and penalties of perjury that the information I have provided in this application is true and accurate: Signature �/,>✓ —t Date Title Gnf (if Corporation /LLC Representative) 5 �" ,lam Commonwealth ojMassachasens �\ Alcoholic Beverages Control Commission 139 Causeway Street, First Floor Boston, AL4 02114 STEVEN GROSSMAN RIMS GAINSNORO, ESQ. TREASURER AND RECEIVER GENERAL CORI REQUEST FORM CHAIRMAN The Alcoholic Beverages Control Commission has been candied by Be Criminal History Systems Board to success conviction and pending Criminal Offender Record Information. For the purpose of approving each shareholder, owner, licenses or applicant for an alcoholic beverages license, 1 understand mat a criminal record check will be conducted on me, pursuant to me above. The information below is cornett w the bat of my knowledge. ABCCUCENSEINFORMAHON ABC[NUMBER: 101600030 LICENSEE NAME: Rocmh Enterprises, LLC DBA Ris[omme Zerotti c"ITOWN: Reading a a a APP11 WINFMMATION IA5T NAME: IDellafrocm FIRSTNAME: (Paul I MIDDLE "ME: MAIDEN NAME OIRALLAS (IF APPLICABLE): PLACE OF BIRTH: New York DATE OF BIRTH: II 55N: ID THEFT INDEX PIN (IF APPLICABLE): MOTHER'S MAIDEN NAME-- Mamm erella DRIVERS LICENSE STATE LIG ISSUED: Md55aChUSeiS GENDER: MALE HEIGHT. Is-7 Lg== WEIGHT: 1T5 EYECOLOR: brown CURRENT ADDRESS: 56 Fairview Road CNy/TOWN: Weston STATE: Zip; 03093 FORMERADDRESS: Woodline 5l. CM/TOWN: Reading STATE: MA ZIp: 0186) PRINTANOSIGN PRINTED NAME: Paul I>eflaROCCo APPLICANT /EMPLOYEE SIGNATURE: i On this I I I i 1 1 1 yI •gin if y r I Ibefore me, the undersigned notary public, personally appeared Ime of document signer), proved tome through satisfactory evidence of identification, which were _1 be the person whose name is signed on the preceding or attached document, a ackn¢wledged tone 1 Iat (he%�{e) signed it voluntarily for stated purpose. _. n /' 1 11 A /I'JLI // I A D 051 ON ,.•m.,...... DENISE M BROWN Notary Public Commonwealth of Massachusetts (Dift Commission Expires 8/24/2818 5x11 Additional Space Please note which question you are using this space for. 6a11 This lease agreement ('Lease") is dated c24 , 2015, is between Main Haven, LLC, 12 Latham Lane, Reading, Massachusetts, their successors or assigns ( "Landlord "), and Rocco's Enterprises, LLC, ( "Tenant ") and relates to the lease of only the first floor and basement space of 601 Main Street, Reading, Massachusetts ( "Premises "). Premises also does include the non- exclusive use of the basement (to be shared with other tenants in the Building) and stairs to the basement. Premises does not include any of the common areas that are located in the building ( "Building ") of which Premises are a part - including as well 601 through 607 Main Street, Reading, Massachusetts. There are no parking spaces included in this Lease. Initial Term: This Lease is for five years beginning on February 1, 2016 and ending on December 31, 2020. The "Base Rent" shall be payable in advance on the first day of every month, and for every month without demand, and will be in accordance with the following schedule: 1) February 1, 2016 until December 31, 2016 is $2,500.00 per month. 2) January 1, 2017 until December 31, 2018 is $2,600.00 per month 3) January 1, 2019 until December 31, 2020 is $2,800.00 per month Any, and all payments by Tenant that are more than seven (7) days late shall cause Tenant to be required to pay a late fee of the greater of $50.00 or one and one -half percent per month, and shall not constitute a waiver of Landlords' other rights. Option Terms: Provided Tenant is not in default of Lease and Tenant gives Landlord six months prior written notice of its commitment to extend, Tenant shall have an option to extend this Lease, under all the same terms as under the Initial Term, except the monthly Base Rent shall be as follows: 1) January 1, 2021 until December 31, 2021 is $3,000.00 2) January 1, 2022 until December 31, 2023 is $3,200.00 3) January 1, 2024 until December 31, 2025 is $3,500.00 Permitted Use: Premises shall only be used as a restaurant, take -out and on -site food consumption, allowing for preparation of food products and necessary related activities to perform the same. Utilities: Tenant shall be responsible for, and pay for the costs of all separately metered utilities for Premises, including but not limited to, heat, air conditioning, electricity, gas, security, telephone, water and sewer. Security Deposit: At the signing of this Agreement, Tenant shall give Landlord a Security Deposit of $6,000.00. Landlord shall not pay Tenant any interest on said Deposit. Tenant may not use the security deposit as rent. Within thirty days after the termination of this Lease and any exercised options, Landlord shall give the full balance to Tenant, minus any agreed damages that Tenant is responsible for In the event of disagreement, the parties agree to go to mediation to resolve such issue, and if that is not successful, they agree to go to binding arbitration - pursuant to the standard procedures of the American Arbitration Association. W 50- Additional Tenant Costs: Without limiting anything else in this Lease, in addition to the Base Rents and Utilities, Tenant shall be responsible for the following additional costs upon demand. 15% of Landlord's total Real Estate Tax for the Building; 60% of the total costs of the Dumpster used for the Building; 15% of Landlord's Insurance. Tenant's Insurance: Tenant, at its sole expense, shall keep in full force and effect a broad form comprehensive general liability policy with limits of not less than $1,000,000.00 per occurrence, insuring against any and all liability of Tenant with respect to Premises or arising from the use of Premises. Tenant must have such policy list Landlord as an additional insured, and must product a certificate of such insurance to Landlord on demand. Tenant will not directly or indirectly do, or allow others to do, anything that will void or lessen insurance coverage, nor void or increase the costs of Building's insurance. Indemnification: Tenant shall indemnify and hold Landlord harmless from: any breach of Tenant's obligations under Lease, from any action or non action of Tenant or Tenant's employees, invitees, licensees or agents, and also from and against any injury, loss, claim, or damage to any person or property while on the Premises that is not the fault of Landlord or Landlord's agents or employees. Subrogation: Tenant releases Landlord from liability for any and allows of damage to the extent covered by insurance maintained by Tenant even if such loss of damage shall be brought about by the fault of negligence of Landlord or persons claiming under it or for whom it may be derivatively liable. Landlord's Maintenance: Landlord shall maintain the Building's roof, foundation, exterior walls and landscaping. Maintenance. Repairs, Remodeling. Alterations or Further Obliaations by Tenant: Tenant shall perform any and all alterations, maintenance, and undertake such repairs as may be necessary in order to keep the utilities, ventilations, HVAC system, bathroom facilities, drainage, basement, signage, awning an interior of the Premises in good order and repair, reasonable wear and tear excepted. Tenant shall also be required to keep the basement and Premises free from insects and other pests, and shall maintain a service contract with professionals. Tenant must get prior written permission to make any alternations or remodeling to Premises or any changes to the signs. Tenant agrees to be responsible to update and take all actions necessary so that it and Premises will comply with all federal, state, administrative and local laws, rules, regulations, codes and ordinances of all sorts, as they are at present and may be amended during the term of Lease and any extensions thereon. Tenant shall be responsible for shoveling the walkway and entrances adjacent to Premises. It is further agreed that Tenant shall not do, nor cause, nor allow others to do, anything that is unreasonably noisy, smelly or offensive to other tenants or occupants of Building, or interferes with their rights of quiet enjoyment of their use of Building of their leased spaces. Tenant shall not smoke or allow others to smoke in Premises, shall not overload the floor, shall not use or store hazardous substances on the Premises, shall store all food, garbage and rubbish in proper legal and sealed containers - and not on the floor. Tenant shall be responsible to secure the bulkhead for and share the basement with other Tenants of Building, particularly the tenant in 603 Main Street, Reading, Massachusetts. �rW ���III 5a�q All Work done by or on behalf of Tenant shall be of a good and workman -like quality. Tenant's Property: Tenant shall have the right to install in the Premises trade fixtures and other equipment reasonable necessary for carrying on the Permitted Use. Tenant will pay all taxes charged, assessed, or imposed upon the personal property of Tenant in or upon the Premises. All such property shall be at the sole risk and hazard of Tenant, shall be deemed to remain movable property and, at the option of Tenant, may be removed by Tenant by the expiration or sooner termination of this Lease. Removal Upon Termination or Expiration At the expiration or sooner termination of this Lease, Tenant shall remove all its supplies, personal property, equipment and fixtures which Tenant is permitted to remove under the terms of this Lease and peaceably yield up the Premises in as good order, repair, and condition as the same were at the Commencement Date or had been put in thereafter, reasonable wear and tear excepted. Tenant shall remove their venting, restaurant fixtures, signing and the awing, but shall keep the awning frame affixed to the Building or placed on the floor of the inside of Premises. Appropriate post - removal repairs must be made. Landlord's Access: Tenant, at reasonable times and reasonable advance notice (except in the case of an emergency), shall permit Landlord, its agents and employees, to examine and inspect the Premises and to enter the Premises as necessary to perform Landlord's maintenance responsibilities hereunder. Casualty: In the event that all or part of the Premises or Common Areas is so destroyed by fire or other casualty as to render the Premises or the remainder thereof substantially untenantable or unfit for the Permitted Use, for a period reasonably expected to exceed on ninety (90) days, then this lease may be terminated at the election of Tenant by the giving, within sixty (60) days following the date of such casualty, of (60) days' notice in writing to the other party hereto, whereupon this Lease shall terminate as of the date of such casualty. If Tenant doesn't elect to terminate the Lease or in the event such a destruction is not sufficient to permit either to terminate hereunder, then Landlord, within a reasonable time, shall replace, restore or rebuild the destroyed portions thereof to substantially the same condition as existing immediately prior to said destruction, and if such restoration is not complete within one hundred twenty (120) days of the event of such damage, Tenant shall be entitled to terminate this Lease at any time up to the time that such restoration is complete. Tenant, at its sole expense, shall be responsible for restoring or replacing those trade fixtures and equipment which it installed in the Premises. Tenant's Default: If Tenant shall neglect or fail to perform or observe any term, covenant or condition by Tenant to be performed or observed hereunder, and such neglect or failure shall continue for more than ten (10) business days after written notice with respect to the covenant to pay Rent or any other covenant calling for the payment of money by Tenant hereunder and more than thirty (30) days after written notice to Tenant thereof with respect to any other term, covenant or condition, or if Tenant shall abandon, vacate or cease operating from the Premises, or if a petition is filed by Tenant under any bankruptcy, receivership, or other insolvency or creditors' rights laws, or if such a petition is filed against Tenant under any such law and the same shall not be dismissed, vacated, stayed, or set aside within thirty (30) days from the date thereof, then, and in any of said cases, Landlord may terminate this Lease by so notifying Tenant. At the time of the termination or at any time thereafter, Landlord, may rent the Premises, and for a term which may expire after the expiration of the term of this Lease, without releasing Tenant from any liability whatsoever. Tenant shall be liable for any reasonable 5 expenses incurred by Landlord in connection with obtaining possession of the Premises, with removing from the Premises property of tenant and persons claiming under Tenant (including warehouse charges) which Tenant was required by this Lease to remove at the expiration or termination of this Lease, with putting the Premises into condition for reletting and with any reletting, including, but without limitation, any differences in the rent to be paid, reasonable attorneys' fees and brokers' fees; and any monies collected from any reletting shall be applied first to the foregoing expenses and then to the payment of rent and all other payments due from Tenant to Landlord. Attorneys' Fees: In the event of default by Tenant under this Lease, Landlord shall be entitled to recover from Tenant the amount of any attomeys' fees reasonably incurred by Landlord in enforcing Landlord's rights and remedies hereunder. No Waiver: No consent or waiver, express or implied, by Landlord or Tenant to or of any breach of any term, covenant, or condition hereunder shall be construed as a consent or waiver to or of any other breach of the same or any other term, covenant or condition, nor shall the acceptance by Landlord of any rental or other payment when due hereunder constitute a consent or waiver by Landlord to or of any breach of any term, covenant or condition hereunder. Subletting and Assignment: Tenant shall not assign or sublease all or any part of the Premises, without obtaining the prior written consent of Landlord, which Landlord shall not unreasonably withhold. No assignment or sublease of this Lease shall affect or reduce Tenant's continuing obligations under this Lease for the remainder of the Initial Term. No Broker: The parties agree that neither has engaged the services of a broker or any person or entity to whom a commission or fee is due upon execution of this Lease, and each will hold the other harmless from any claim based on a breach of their own warranty. Holdino Over: If Tenant shall hold possession of the Premises beyond the expiration or earlier termination of this Lease, in the absence of any agreement between Landlord and Tenant, no act or failure to act by Landlord shall be deemed an acceptance of Tenant's occupancy for any fixed term (beyond the term fixed herein) in excess of one month. Quiet Enjoyment: Provided Tenant timely pays all rent and performs and observes all material terms, conditions, and covenants of this Lease, Tenant shall peaceably and quietly hold, have, and enjoy the Premises, as provided in this Lease, without hindrance or interruption from Landlord or anyone claiming by, through, or under Landlord. Tenant is aware of the other tenants in Building, and agrees that their use does not interfere with Tenant's enjoyment of Premises. Rules and Regulations: Tenant shall comply with all such reasonable rules and regulations not inconsistent with the provisions of this Lease which Landlord promulgates from time to time and which apply uniformly to all occupants of the Building. Notices: All notices relating to this Lease shall be in writing and delivered by registered mail, return receipt requested, or by overnight express delivery, to the addresses of the respective parties first set forth above, or to such other address as either party may from time to time in writing direct the other party. (�w 5aXk Miscellaneous: All negotiations, understandings, and discussions between Landlord and Tenant concerning the Premises are incorporated within this Lease. No statement, agreement, or understanding, whether oral or written, not contained in this Lease shall be recognized or enforced. This agreement shall be deemed a contract under seal. This Lease is binding on the heirs, successors, assigns and transferees of both Tenant and Landlord. This Lease shall not be interpreted against the draftsman, and shall be governed by and under the laws and jurisdiction of the Commonwealth of Massachusetts. Should any portion of this Lease be deemed illegal or unenforceable for any reason, then such portion shall be deemed divisible from the rest of this Lease, and the glance shall be interpreted to be enforceable in this spirit of the divisible from the rest of this lease, and the glance shall be interpreted to be enforceable in the spirit of the agreement as it was written. Should either party breach any material portion of this Lease or the representations and warranties that they are making herein, then the other party shall be awarded and be reimbursed for their attorney fees and actual costs and damages in enforcing the terms herein. Amendment: This Lease shall not be modified except by a writing executed by Landlord and Tenant. No act or omission or any employees or agent of Landlord or Tenant shall after, change, or modify any provision of this Lease. Personal Guarantee: Paul DellaRocco, 56 Fairview Road, Weston, MA 02493 ( "Guarantor'), does personally guarantee the performance of any and all obligations, representations, warranties and covenants of Tenant. Right of First Refusal to Rent 603 Main Street: If at the applicable time Tenant is in full compliance with all the terms of this Lease, and applicable options herein, then Tenant shall have the right of first refusal to rent the space currently being occupied by the business known as V- Nails on the same terms as being offered to a new tenant at 603 Main Street, Reading, Massachusetts. This right of first refusal shall not apply or affect the rights of the present tenants of 603 Main Street, Reading, Massachusetts, their successors, nominees or assigns. Landlord shall present the proposed terms to Tenant, and Tenant must give Landlord written acceptance of all such terms within 5 business days of receipt of those terms - or else failure to receive such written notice of acceptance forever voids the option to rent rights. The parties agree that this lease is contingent upon, and null and void if: 1)The current tenant at the premises, Ristorante Pavarotti, Inc and Rocco's Enterprises, LLC fail to sign an Agreement acceptable to the Landlord, in the Landlord's sole and absolute discretion, which amongst other matters states that the sum of $25,000.00, all back due rent and other fees and expenses as well as Landlord's Attorney's fees will be withheld at the closing of the transfer of Assets between Ristorante Pavaroth and Rocco's Enterprises, LLC from Ristorante Pavarotfi, Inc. and simultaneously paid directly to Landlord by Rocco's Enterprises, LLC Attorney, and that the security deposit will not be returned to the current tenant until the Landlord has had the option of inspecting the premises and assessing damage. It being further represented that Rocco's Enterprises, LLC and Paul DellaRocco have never had any prior personal or financial relationships with Massimo Fiume; or (2) in the event for any reason Rocco's Enterprises, LLC is unable to obtain an all alcoholic liquor license. 5aaa IN WITNESS WHEREOF, the parties have caused their authorized representatives to execute this Lease as of the date first above written. as (1f), /4/ / of Tenant as authorized to bind Rocco's Enterprises, L C, date _. 56 Fairview Vaccaro, manager and as authorized to bind Landlord, but and as L Pro 503 AGREEMENT FOR THE PURCHASE AND SALE OF BUSINESS ASSETS AGREEMENT made by and between Rocco's Enterprises, LLC, a Massachusetts limited liability company having a principal place of business located at 56 Fairview Road, Weston, MA 02493, or its Nominees, successors, assigns and distributors (hereinafter referred to as "Buyer ") and Ristorante Pavarotti, Inc., a Massachusetts corporation having a principal place of business at 601 Main Street, Reading, MA 01867 (hereinafter referred to as "Seller "). WHEREAS, the Seller owns and operates the business of Ristorante Pavarotti (hereinafter referred to as "Business" or "Company "); and WHEREAS, the Seller desires to sell the Business, including all of the assets, tangible and intangible, thereof, excepting cash and accounts receivable; and WHEREAS, the Buyer desires to buy said Business including all of the assets thereof tangible and intangible, related to said Business. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions herein contained, the sum of Ten and no /100 ($10.00) Dollars, by each to the other in hand paid, the receipt and legal sufficiency of which is hereby acknowledged by the Seller and the Buyer each to the other, the Seller and Buyer hereby covenant and agree as follows: 1. PURCHASE AND SALE OF ASSETS 1.1 Purchased Assets. Upon the terms and conditions set forth herein, the Seller agrees to sell, assign, transfer and deliver to the Buyer, and the Buyer agrees to purchase from the Seller, all of Seller's rights, title and interest in and to all of Seller's assets relating to the Business (hereinafter called the "Purchased Assets "), attached hereto as Exhibit A 1.2 General Description of Purchased Assets The Purchased Assets shall include, but not limited to, all of the Seller's machinery, equipment, fumiture, fixtures, leasehold improvements, inventory, contracts and other intangible rights and rights with So respect to customers and suppliers and all tangible personal property of the Seller used in connection with the Business, including exclusive use of the name Ristorame Pavarotti and the telephone number 781- 670 -9050 all website listings and domain names, facebook and twitter pages and listings and all other social media rights, including wwwAstorantepavomtti.com, which are currently used in the Business, as shown on Schedule A attached hereto and incorporated herein. 1.3 Purchase Price. The purchase price for the Purchased Assets (the "Purchase Price ") shall be One Hundred Forty Five Thousand ($145,000.00) Dollars payable as follows: $ 1,000.00 has previously been paid as a deposit 24,000.00 shall be paid upon execution of this agreement; 120.000 00 shall be paid at closing in cash or by certified check $145,000.00 Total All deposits shall be held by Buyer's attorney as Escrow Agent. 1.4 Inventory. In addition to the assets, Buyer shall buy the inventory on the premises. The price at which such inventory shall be purchased shall be the Seller's original cost, as shown by Seller's books of account or other documentary evidence, such as purchase slips, receipts, etc. The amount paid for the inventory shall be paid in cash, one year after closing, less the amount of gift certificates sold by the Seller and redeemed by the Buyer within the one year period after closing, and in addition to the purchase price of assets, but in no event shall exceed $5,000. 1.5 Instruments of Transfer. The Seller agrees that the sale, assignment, transfer and delivery of the Purchased Assets shall be effected by a bill of sale in the same form as Exhibit B attached hereto, and such endorsements, assignments and other instruments of transfer as shall be appropriate to carry out the intent of this agreement and as shall be reasonably satisfactory to the Buyer and its counsel to vest in the Buyer the right, title and interest of the Seller in and to the Purchased Assets. 1.6 Adiustments. The purchase price shall be adjusted for usual closing adjustments, regarding prepaid expenses for items transferred to the Buyer, including an adjustment against the Inventory as referred to in 1.4 above, for gift certificates existing as of the date of the signing of this Agreement. II. CLOSING The closing shall take place within three (3) working days after the Buyer secures all licenses and permits necessary to operate the business and an assignment or new lease for the premises or sooner by mutual agreement between Buyer and Seller, but no later than February 16, 2016 (hereinafter referred to as "Closing Date" or "Day of Closing ") at the office of the Buyer's Attorney, or such other place as the parties mutually agree to in writing. III. SELLERS COVENANTS 3.1 The Seller warrants that the property of the Seller being sold to the Buyer is not subject to any liens, encumbrances or claims of any kind or nature and that all liabilities of any kind of the Seller which could constitute a lien, charge or claim against the property being sold have been paid for in full by the Seller or payment is herein provided for. 3.2 The property being sold by the Seller hereunder has not, from the date hereof through the time of the Closing, been affected by fire, theft or other casualty, been attached or seized by any civil process. 3.3 The Buyer does not and will not agree to pay any liability lien, debt or commitment of the Seller. All debts, accounts payable, taxes and bills incurred with respect to said Business up to and prior to said Closing shall remain the sole and exclusive obligation of Seller. 3.4 The Seller agrees to indemnify, hold harmless and defend the Buyer against any and all claims, whether or not known to the Seller prior to the f1(X.-*� saa� Closing and whether existing on the Closing Date or arising thereafter, caused by or arising out of: 1. Any claims against the Buyer for liabilities, commitments, obligations, disputes, unlawful acts, practices, or conduct of the Seller which shall have arisen during or which relate to periods on or prior to the Closing Date; and 2. Any breach by the Seller of any of its warranties or representations in this Agreement or in any documents or certificates delivered pursuant hereto. 3.5 The Seller agrees to indemnify, hold harmless and defend Buyer against any and all claims, whether or not known to the Seller prior to the Closing Date or arising thereafter, caused by or arising out of failure of any party to comply with any applicable laws relating to the transfer in bulk of property. Prior to Closing, Seller will deliver to Buyer a list of names and addresses of vendors with whom Seller conducts business. Pursuant to, and in compliance therewith, Seller shall, at the Closing of this sale, execute and deliver to Buyer an affidavit warranting that, as of the Closing the Seller shall have no creditors. 3.6 The Seller has filed all tax returns which are due and are required to be filed with respect to be Purchased Assets and with respect to the Business, such tax returns accurately state the taxes due with respect to the Purchased Assets and the Business, and the Seller has paid all taxes shown on such tax returns and all other government charges, levies or assessments of any kind and nature, imposed upon the Purchased Assets or the Business. All sales taxes that may be due and owing by reason of this transaction, including but not limited to, Bulk Transfer tax, shall be the obligation of the Seller. Seller shall timely pay such taxes as may be due hr 121;`7 5 l- a by reason of this transaction. The Seller shall deliver to the Buyer on the day of Closing an agreement to Buyer, indemnifying Buyer for any unpaid taxes accruing prior to the Closing Date, which, if unpaid, would create a lien on the assets, said indemnification to be included in said Exhibit C. 3.7 The Seller shall do any and all things required or reasonably requested to assist the Buyer relative to the transfer of any and all licenses and acquiring the approval of said transfers by the appropriate boards and agencies, if any. 3.8 The Sellers warrants that the Seller has marketable title to all their properties and assets to be conveyed and as of the Date of Closing, said properties and assets are subject to no security interest, pledge, lien, conditional sale agreement, encumbrance, or charge. 3.9 Except as otherwise requested by the Buyer, the Seller will use its best efforts (without making any commitment on the Buyer's behalf without the Buyer's written approval) to preserve the Seller's Business intact and to preserve for the Buyer the goodwill of the Business. 3.10 The Seller has, or will have at the Closing, full power and authority and has taken, or will have taken prior to the Closing, all required action necessary to permit it to execute and deliver this Agreement and to execute and deliver and perform all of the obligations contained herein (including the assignment, transfer and conveyance of all the Purchased Assets) and all documents or instruments required hereby or incident or collateral hereto, and none of such actions will violate any provisions of law or will violate or constitute a default under or will result in any breach of any agreement to which the Seller is a party or by which its assets may be bound, or will result in any lien or encumbrances on the Purchased Assets. NP J�a�g 3.11 This Agreement constitutes, and each instrument to be executed and delivered by the Seller in accordance herewith will constitute, the valid and legally binding obligation of the Seller, enforceable against it. 3.12 There is no litigation pending, or to the knowledge of the Seller, threatened, which involves or adversely affects the purchased Assets, the transactions contemplated by this Agreement or the rights to be acquired by the Buyer pursuant hereto. 3.13 The machinery, equipment and tangible personal property being acquired by the Buyer is and shall remain until the Date of Closing, in good condition, except for normal wear and tear, and usable for their intended purposes. 3.14 Seller has dealt with Business 360 Advisors as its broker which entity is entitled to a commission of 8% of the purchase price, to be paid solely by the Seller. No other broker, person or entity is entitled to a commission as the result to this sale. 3.15 No representation or warranty of the Seller contained in this Agreement or will contain any untrue statement of a material fact which makes any representation or warranty herein or therein contained misleading and this paragraph shall survive the Closing. 3.16 The financial statement and records delivered by the Seller to the Buyer and attached hereto as Exhibit D, truly reflect the financial status of the Business. 3.17 To the best knowledge of the Seller, all of the assets which are necessary to conduct the Business are being transferred by the Seller to the Buyer a1 5 hereunder. In the event that subsequent to the Closing, the Seller or Buyer become aware that any assets necessary to the conduct of the Business have not been transferred to the Buyer, the Seller shall undertake to cause any of such assets to be transferred to the Buyer without payment of any additional consideration. In the event of any such subsequent transfer, all of the representations, warranties and covenants contained in the Agreement relating to the Purchased Assets shall likewise be applicable, as appropriately modified, to any such subsequently transferred assets. 3.18 Prior to Closing, Seller will deliver to Buyer a list of names and addresses of vendors with whom the Seller conducts business. Pursuant to and in compliance therewith, Seller shall„ at or prior to the Closing of this sale pay all such vendors in full and thereafter at closing execute an affidavit warranting that as of the Closing Seller shall have no creditors. 3.19 Prior to Closing, Seller shall provide two weeks (14 days) of training to the Buyer, and its employees, at no cost to the Buyer. IV. BUYER'S COVENANTS The Buyer covenants and agrees with the Seller that the following are of the essence of this Agreement, warrants the truth of all covenants and further agrees that the Buyer shall promptly do or refrain from doing any and all things required of it: 4.1 The Buyer has, or will have at the Closing, the power and authority to, and has taken, or will have taken, prior to the Closing, all required action necessary to permit it and execute and deliver this Agreement and to execute and deliver and perform all of its obligations hereunder. 4.2 This Agreement constitutes, and each instrument to be executed and delivered by the Buyer in accordance herewith will constitute, the valid 5� and legally binding obligation of the Buyer, enforceable against it in accordance with their respective terms. V. CONDITIONS PRECEDENT It is understood and agreed by the Seller and the Buyer that the performance of this entire Agreement is expressly conditioned and dependent upon the following contingencies: 5.1 At the Closing, Seller shall deliver to Buyer all customer lists and accounts, employee and customer, contracts and records, operating procedures, advertising and marketing records, and any other documents pertinent to the operation of the Business which Seller may have. 5.2 Seller shall grant to Buyer any and all rights held by Seller in the name, Ristorante Pavaroni and shall waive any rights thereto and shall not after Closing make any use of such name. Such Agreement to be substantially in the same form as Exhibit E. 5.3 Seller and its President, Massimo L. Fiume, shall agree Not to Compete for a period of 4 years following the Closing, directly or indirectly, with the business of the Company within a ten mile radius, such covenant to be substantially in the same form as Exhibit F. 5.4 The transaction is contingent upon the Buyer obtaining a Lease, subject to Buyer's sole and absolute discretion, acceptable to it, with the Landlord for the premise 5.5 The transaction is contingent upon Seller and Buyer signing an Agreement prior to closing, acceptable to both parties and the Landlord having provisions, including but not limited to, that $25,000 plus any unpaid rent NF 50,31 through the date of closing, plus any unpaid dumpster and water fees and Landlord's Attorney's fees, shall be held back form the Seller at closing and paid directly to the Landlord by the Buyer's attorney. That Buyer and Seller will state that they are unrelated parties and have had no business dealings prior to this transaction and that the Seller's security deposit will not be returned to the Seller until the Landlord has had the opportunity to inspect the premises and assess the premises for damages. 5.6 This transaction is contingent upon the Buyer obtaining permits and or licenses including all alcoholic and common victualler necessary to ran the business. 5.7 Seller shall deliver the bill of sale referred to in 1.5 above. 5.8 Seller shall deliver a certificate of good standing and legal existence issued by the secretary of State's office of the commonwealth of Massachusetts. 5.9 Seller shall deliver a vote of the shareholders of the Seller authorizing the sale. 5.10 Seller shall deliver a tax lien waiver from the Massachusetts Department of Revenue. 5.11 Seller shall deliver any other documents reasonably required by Seller's counsel in order to effectuate the transfer contemplated herein. 5.11 Seller shall terminate Seller's employees, in writing, at the time of closing and shall pay all terminated employees final wages including any accrued vacation time, tips, and other legally obligated wages. Seller shall hC allow reasonable times and places to interview such of Seller's employees as Buyer reasonably requests. VI. CONSTRUCTION This Agreement is being delivered and is intended to be performed in the Commonwealth of Massachusetts, and shall be construed and enforced in accordance with the laws of said State. VII. NOTICES All notices, requests, demands and other communications hereunder shall be in writing, and shall be deemed to have been duly given if delivered or mailed, first -class postage prepaid to Seller at 601 Main Street, Reading MA.01867 and to the Buyer at 56 Fairview Road Weston, MA, 02493, with a copy to Wayne R. Pastel, Esquire, 10 Cedar Street, Suite 17, Woburn, MA 01801. VIII. MISCELLANEOUS PROVISIONS This Agreement shall also inure to be binding upon successors, representatives and assigns of the Seller and Buyer, and shall also constitute the entire Agreement of the parties hereto as the subject matter, hereof, and may not be modified or amended except by a further written agreement duly execute by the Buyer and Seller. IX. AGREEMENT SURVIVES CLOSING The Seller covenants and agrees with the Buyer that any and all representations, warranties, and covenants made by Seller to Buyer in this Agreement shall survive the Date of Closing as well as the date of final delivery of all documents, checks and deposits provided for hereinabove. X. COUNTERPARTS 50.33 This Agreement may be executed simultaneously in two (2) or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement and affixed their respective seals hereto this Jk day of _ & . , 2015. SELLER: Ristorante Pavarott Onc. By: Massimo L. F6me, President BUYER: Rocco's Enter rises, LLC By: Paul DellaRocco, Manager 503` EXHIBIT B TO PURCHASE AND SALE AGREEMENT BETWEEN Ristorante Pavarotti, Inc., SELLER and Rocco's Enterprises, LLC, BUYER BILL OF SALE KNOWN BY ALL MEN THESE PRESENTS, Ristomme Pavarotti, Inc., a limited liability company, existing under the laws of the Commonwealth of Massachusetts with a principal place of business in the Town of Brookline, Massachusetts (hereinafter the "Grantor "), does hereby grant, sell, transfer and deliver unto Rocco's Enterprises, LLC, all of the Grantor's right, title and interest in the following described assets used in connection with the operation of the business known as Pamoma: TO HAVE AND TO HOLD all singular the said goods and chattels to the said Rocco's Enterprises, LLC , and its successors and assigns, to its use and behoof forever. And the Grantor covenants with the Grantee that it is the lawful owner of all said assets, that the Grantor has good right to sell the same as aforesaid, and that the Grantor will warrant and defend the same against the lawful claims and demands of all persons, except as specifically listed below and free of all pledges, liens, and encumbrances. IN WITNESS WHEREOF the Grantor have set their hands and seals this day of , 2016. SELLER: Rismrante Pavarotti, Inc. Massimo L. Fiume, President and Treasurer �i EXHIBIT C TO PURCHASE AND SALE AGREEMENT Rocco's Enterprises, LLC, BUYER Ristorante Pavarotti, Inc., SELLER INDEMNIFICATION AGREEMENT Effective this day of 2016, we the undersigned of Ristorante Pavarotti, Inc., at , Massachusetts, (hereinafter referred to as "Seller "), individually and in their respective capacities agree with Rocco's Enterprises, LLC (or to its successors and assigns), hereinafter referred to as "Buyer" as follows: Simultaneously with the execution of this agreement, Seller will execute documents transferring all of the assets free of all liabilities as specifically provided in said agreements dated relative to the sale of the Business known as Ristorante Pavarotti. As part of the consideration for the transfer of assets, Seller has agreed to guarantee and indemnify said Buyer against the following: A. All liabilities not expressly assumed by Buyer; B. Any sums arising out of or in connection with the reopening or auditing of any federal, state, use, sales, excise or local income tax or returns filed or to be filed by Seller prior to or after the date of this Agreement; C. Seller shall indemnify, hold harmless, defend and bear all costs of Buyer against and in respect of: Any and all amounts, damages, or deficiencies resulting from or arising out of or in connection with any default under or non- performance of its obligations or covenants in this Agreement; and N r- 50-1(0 2. Any and all actions, suits, proceedings, demands, assessments and judgements arising out of or in connection with any of the obligations or covenants of the Seller. D. Seller shall pay or reimburse Buyer for all reasonable out -of- pocket expenses (including reasonable attorneys' fees), penalties, and reasonable costs of every kind and nature in connection with any default under or non - performance of any of the covenants of the Seller. This Agreement will remain in full force and affect until all of the obligations of Seller hereunder are discharged and the Seller is discharged from any and all liability thereunder. This Agreement is made for the benefit of Buyer and the Buyer's respective successors and assigns and may be enforced by Buyer from time to time as often as the occasion therefor may arise. All covenants of the Seller in this Agreement will survive the execution and delivery thereof. No provisions of this Agreement may be amended or waived except by an instrument in writing signed by all parties hereto. Any such waiver or amendment will affect only the subject matter to which is relates and will not impair the rights of the Buyer. This Agreement is governed by and shall be construed and enforced in accordance with the laws of the Commonwealth of Massachusetts. If any provisions of this Agreement or any applicable thereof is determined to be invalid or unenforceable, the remainder of this Agreement and any other application of such provision shall not be affected thereby. No failure or delay on the part of the Buyer in exercising any right, power or privilege under this agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any right, power or privilege. The rights and remedies specified in this Agreement are cumulative and are not exclusive of any rights or remedies which the Buyer otherwise may have. NP 5a3, This Agreement may be executed in any number of counterparts each of which will be an original and all of which together will constitute one instrument. IN WITNESS WHEREOF, the following have set their hands and seals as of the above date. SELLER: Ristorante Pavarotti,Inc. 0 BUYER: Rocco's Enterprises, LLC Massimo L. Fiume, President Paul DellaRocco, Manager 503$ EXHIBIT E TO PURCHASE AND SALE AGREEMENT Rocco's Enterprises, LLC, BUYER Ristorante Pavarotti, Inc., SELLER ASSIGNMENT OF TRADE NAME FOR GOOD AND VALUABLE consideration, the receipt and sufficiency of which is hereby acknowledged, Ristorante Pavarotti, Inc., hereby assigns and transfers all of its right, title and interest in and to the names Ristorante Pavarotti to Rocco's Enterprises, LLC . To have, hold, and use the same name free and clear of all liens, liabilities, obligations and encumbrances. Ristorante Pavarotti, hie. waives any rights in such name and hereby covenants it wilt make no further use of said name. This Assignment shall be binding on Ristorante Pavarotti, Inc. its successors, heirs and assigns. IN WITNESS WHEREOF, the undersigned have set their hands and seals this day of 2016. SELLER: Ristorante Pavarotti, Inc. 13=" Rocco's Enterprises, LLC Massimo L. Fiume, President Paul DellaRocco, Manager Say EXHIBIT F TO PURCHASE AND SALE AGREEMENT Ristorante Pavarotti, Inc., SELLER Rocco's Enterprises, LLC, BUYER NON COMPETITION AGREEMENT In consideration of the payment to Ristorante Pavarotti, Inc. as indicated in the Purchase and Sale Agreement dated 2015, between Ristorame Pavarotti, Inc., Seller, and Rocco's Enterprises, LLC, Buyer, and in consideration of other documents between the parties which have been signed by the parties this day, receipt and the adequacy of which is hereby acknowledged, the undersigned, agree that for a period of four (4) years following the closing, within a 10 mile radius of 601 Main Street, Reading, MA 01867 : (1) they will not directly or indirectly own, manage, join, control or participate in or be connected as an officer, employee, partner or otherwise, or in any capacity engage in or have a financial interest in a business that in any manner, whatsoever, directly or indirectly competes with the business of Ristorame Pavarotti; (2) they will not solicit customers or suppliers of Ristorante Pavarotti in competition with the Buyer. Seller acknowledges that the scope of these restrictions is reasonably narrow given the price they have received for their business and given their experience knowledge and skills and substantial opportunities available outside of the restricted areas. The undersigned acknowledges that money damages alone will not adequately compensate the Buyer for breach of this covenant not to compete and therefore agrees that in the event of any breach, in addition to all other remedies available to the Buyer at law, the Buyer shall be entitled to injunctive relief compelling specific performance of or other compliance with the terms hereof, and may set off any damages against the payments due to the undersigned under the terms of the Purchase and Sale Agreement. In the event it shall become necessary for the Buyer to employ counsel to enforce any obligation or covenants of Ristorante Pavarotti, Inc. hereunder, the undersigned N f 50g0 agrees to pay Buyer's reasonable attorneys' fees and other costs and expenses reasonable connected therewith. This Agreement shall be binding upon and insure to the benefit of the successors, personal representatives, legatees and immediate family members of the respective parties hereto. IN WITNESS WHEREOF, the undersigned have set their hands and seals this day of , 2016. SELLER: Ristorante Pavarotti,Inc. Massimo L. Fiume, President Massimo L. Fiume individually BUYER: Rocco's Enterprises, LLC t l' I Paul DellaRocco, Manager 50,'4 1 ORDER OF TAKING The Board of Selectmen of the Town of Reading, in the County of Middlesex and Commonwealth of Massachusetts, acting under the authority of and in accordance with General Laws Chapters 82 & 79, as amended, and by virtue of the authority conferred upon them by a vote of more than two - thirds pursuant to Article 6 of the Subsequent Town Meeting held on November 12, 2015, a certified copy of which is attached hereto as Exhibit A, do hereby take for and on behalf of the Inhabitants of the Town of Reading, all or a portion of the private ways known as: Cory Lane Pondview Lane Roma Lane Sailor Tom's Way Causeway Road Dividence Road from Zachary Lane to dead end from Fairchild Drive to dead end from Sanborn Lane to dead end from Franklin Street to dead end from Lowell Street to dead end from Franklin Street to Emerson Street together with easements for drainage, utility, and other purposes. Said ways and easements are shown on the following plans: 1) Cory Lane, the Plan entitled: "Town of Reading Massachusetts Department of Public Works, Street Acceptance Plan Cory Lane," prepared by Scott Giles, PIS, dated January 7, 2013, said plan being recorded with Middlesex South District Registry of Deeds as 2) Pondview Lane, the Plan entitled: "Town of Reading Massachusetts Department of Public Works, Street Acceptance Plan Pondview Lane," prepared by Hayes Engineering, Inc. of 603 Salem Street, Wakefield, MA 01880, dated November 2, 2010, said plan being recorded with Middlesex South District Registry of Deeds as 3) Roma Lane, the Plan entitled: "Town of Reading Massachusetts Department of Public Works, Street Acceptance Plan Roma Lane," prepared by Hayes Engineering, Inc. of 603 Salem Street, Wakefield, MA 01880, dated May 3, 1999, said plan being recorded with Middlesex South District Registry of Deeds as 4) Sailor Tom's Way, the Plan entitled: "Street Acceptance Plan Sailor Tom's Way, Reading, MA 01867," prepared by JM Associates of 325 Main Street, North Reading, MA 01864, dated November 8, 2013, said plan being recorded with Middlesex South District Registry of Deeds as 5) Causeway Road, the Plan entitled: "Town of Reading, Massachusetts, Department of Public Works, Street Acceptance Plan Causeway Road," prepared by Bay State Surveying Associates, 100 Cummings Center, Beverly, MA 01915, dated September 22, 2010, said plan being recorded with the Middlesex South District Registry of Deeds as 6) Dividence Road, the Plan entitled: "Town of Reading Massachusetts Department of Public Works, Street Acceptance Plan Dividence Road," prepared by Hayes Engineering, Inc. of 603 Salem Street, Wakefield, MA 01880, dated March 31, 2015, said plan being recorded with Middlesex South District Registry of Deeds as 's—s I These ways and associated easements are taken for public convenience and necessity. Included with this taking is the perpetual right and easement to use, construct, inspect, repair, operate, maintain and replace walkway surfaces, infrastructure, water mains, drainage pipes, appurtenances, and any structures of any type, located within said roadways, sidewalks and associated easements, as are commonly used and maintained in the Town of Reading, and the right to enter on foot and with equipment and vehicles to perform any of said work. Also included with this taking are all ownership rights in all of said water mains, drainage pipes, manholes, conduits, fixtures, headwalls and all appurtenances thereto that are now or hereafter constructed or installed in, through, or under the above described land. No damages will be awarded. G.L. c.79, § §14 and 16, provide that you may petition the Superior Court for an assessment of damages within three (3) years after the right to damages has vested. IN WITNESS WHEREOF, a majority of the Board of Selectmen of the Town of Reading have signed the foregoing Order of Taking this _ day of 2016. DANIEL ENSMINGER, CHAIR JOHN R. HALSEY, VICE CHAIR KEVIN M. SEXTON, SECRETARY I 'M k) 4 Z JOHN ARENA COMMONWEALTH OF MASSACHUSETTS On this _ day of 2016, before me, the undersigned notary public, personally appeared the above -named Daniel Ensminger, John R. Halsey, Kevin M. Sexton, John Arena, and Barry Berman, a majority of the Board of Selectmen for the Town of Reading, known to me to be the people whose names are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose, and acknowledged the foregoing instrument to be the free act and deed of a majority of the Board of Selectmen of the Town of Reading, before me. Notary Public My Commission Expires: sda Exhibit A 5d3 MOVE that the Board of Selectmen vote to issue Notices of Taking, as contemplated by M.G.L. c. 79, §7C, for the following takings of private ways: Cory Lane Pondview Lane Roma Lane Sailor Tom's Way Causeway Road Dividence Road from Zachary Lane to dead end from Fairchild Drive to dead end from Sanborn Lane to dead end from Franklin Street to dead end from Lowell Street to dead end from Franklin Street to Emerson Street together with easements for drainage, utility and other purposes. Said takings are made pursuant to Article 6 of the November 12, 2016 Subsequent Town Meeting and the Order of Taking adopted by this Board on 2016 and recorded on 2016 at the Middlesex Registry of Deeds Southern District at Book Page — 5d4 ,p ¢ ¢I i! R¢ 1� ¢R w ¢• � \q 1. AX3/p7 i �� ¢v 1� lull. - - it Ip � Sd5 [Print on Town Letterhead] NOTICE OF TAKING To: Notice is hereby given that on 2016, the Board of Selectmen of the Town of Reading adopted an Order of Taking to take in fee simple by eminent domain, all or a portion of the private ways known as: Cory Lane Pondview Lane Roma Lane Sailor Tome Way Causeway Road Dividence Road from Zachary Lane to dead end from Fairchild Drive to dead end from Sanborn Lane to dead end from Franklin Street to dead end from Lowell Street to dead end from Franklin Street to Emerson Street together with easements for drainage, utility, and other purposes, situated in the Town of Reading, Middlesex County, Massachusetts, more particularly set forth in the Order of Taking, a copy of which is attached hereto and marked "Appendix A." On - 2016, said Order of Taking was recorded with the Middlesex County Registry of Deeds, at Book Page _, and being within thirty (30) days of the date of the adoption of the Order of Taking as authorized by General Laws, Chapter 79, §3. Any right to damages to this taking vested on 2016, the date on which the Order of Taking was recorded in said Registry of Deeds. This taking was made by the Board of Selectmen of the Town of Reading, in the County of Middlesex and Commonwealth of Massachusetts, acting under the authority of and in accordance with Chapters 79 and 93 of the General Laws of the Commonwealth of Massachusetts, all as amended, by virtue of the authority conferred upon them by a vote of more than two- thirds under Article 6 of the Subsequent Town Meeting held on November 12, 2015. These ways and associated easements are taken for public convenience and necessity. Damages will not be awarded. G.L.c.79, § §14 and 16, provide that you may petition the Superior Court for an assessment of damages within three (3) years after the right to damages has vested. 5dco IN WITNESS WHEREOF, a majority of the Board of Selectmen of the Town of Reading have signed the foregoing Order of Taking this day of 2016. DANIEL ENSMINGER, CHAIR JOHN R. HALSEY, VICE CHAIR KEVIN M. SEXTON, SECRETARY BARRY BERMAN JOHN ARENA COMMONWEALTH OF MASSACHUSETTS On this day of 2016, before me, the undersigned notary public, personally appeared the above -named Daniel Ensminger, John R. Halsey, Kevin M. Sexton, John Arena, and Barry Berman, a majority of the Board of Selectmen for the Town of Reading, known to me to be the people whose names are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose, and acknowledged the foregoing instrument to be the free act and deed of a majority of the Board of Selectmen of the Town of Reading, before me. Notary Public My Commission Expires: 561 P B tl pQ P j?t ! E � ' 1 A E � � i � c�G,. jp i Y, i r t Fs 1 W F - -k - I i wt , F, 'is 1 tr, i9i $ESP'' for Nj ttl s� gg i Fa�y6 i9 s1i3F ��egFqF q[ t5i lI i i,�il ryli . 569 MOVE that the Board of Selectmen vote, pursuant to Article 6 of the November 12, 2015 Subsequent Town Meeting, to enter an Order of Taking for the following private ways: Cory Lane Pondview Lane Roma Lane Sailor Tom's Way Causeway Road Dividence Road from Zachary Lane to dead end from Fairchild Drive to dead end from Sanborn Lane to dead end from Franklin Street to dead end from Lowell Street to dead end from Franklin Street to Emerson Street together with easements for drainage, utility, and other purposes. Said ways and easements are shown on the following plans: 1) Cory Lane, the Plan entitled: "town of Reading Massachusetts Department of Public Works, Street Acceptance Plan Cory Lane," prepared by Scott Giles, PLS, dated January 7, 2013, said plan being recorded with Middlesex South District Registry of Deeds as 2) Pondview Lane, the Plan entitled: "Town of Reading Massachusetts Department of Public Works, Street Acceptance Plan Pondview Lane," prepared by Hayes Engineering, Inc. of 603 Salem Street, Wakefield, MA 01880, dated November 2, 2010, said plan being recorded with Middlesex South District Registry of Deeds as 3) Roma Lane, the Plan entitled: "Town of Reading Massachusetts Department of Public Works, Street Acceptance Plan Roma Lane," prepared by Hayes Engineering, Inc. of 603 Salem Street, Wakefield, MA 01880, dated May 3, 1999, said plan being recorded with Middlesex South District Registry of Deeds as 4) Sailor Tom's Way, the Plan entitled: "Street Acceptance Plan Sailor Tom's Way, Reading, MA 01867," prepared by JM Associates of 325 Main Street, North Reading, MA 01864, dated November 8, 2013, said plan being recorded with Middlesex South District Registry of Deeds as 5) Causeway Road, the Plan entitled: "Town of Reading, Massachusetts, Department of Public Works, Street Acceptance Plan Causeway Road," prepared by Bay State Surveying Associates, 100 Cummings Center, Beverly, MA 01915, dated September 22, 2010, said plan being recorded with the Middlesex South District Registry of Deeds as 6) Dividence Road, the Plan entitled: "Town of Reading Massachusetts Department of Public Works, Street Acceptance Plan Dividence Road," prepared by Hayes Engineering, Inc. of 603 Salem Street, Wakefield, MA 01880, dated March 31, 2015, said plan being recorded with Middlesex South District Registry of Deeds as 5&0 t b .d^ . ; y : i .. � . a % ! ! � \ | (k _wy + 5 0 Ins 'I it F of Ip i 4 AYM 39✓7714 NA4 7 4,j't f �j 11 1'. i4 r 1? it ;2 f i it E , f! Iw f 3 !! �L it a 1 � it if 1' it fl 1` ql I it f 1rS 7 4BMff �I ` 11 al }fl � B III F {I 1lglgp�p� 5d is � r Town of Reading 1 Meeting Minutes �a Board - Committee - Commission - Council: Board of Selectmen Date: 2015 -12 -01 Building: Reading Town Hall Address: 16 Lowell Street Purpose: General Business Attendees: Members - Present: Time: 7:00 PM Location: Selectmen Meeting Room Session: Open Session Chairman Dan Ensminger, Kevin Sexton, John Arena, John Halsey and Barry Berman. Members - Not Present: Others Present: Town Manager Bob LeLacheur, Assistant Town Manager Jean Delios, Town Accountant Sharon Angstrom, Administrative Assistant Caitlin Saunders, RMLD General Manager Coleen O'Brien, MAPC Project Manager Jennifer Erickson Minutes Respectfully Submitted By: Secretary Topics of Discussion: Reports and Comments Selectmen's Liaison Reports and Comments - Mr. Halsey noted there is a conference on opioid use on Thursday at 6PM and he encourages everyone to come out and learn. Town Managers Report - Mr. LeLacheur noted the Tree Lighting on Sunday looked very successful and busy. He noted the town is currently in discussion with North Reading to allow them to join the MWRA. One of the pros to having them join is we would have emergency access to their supply and there would be two connections into Reading. Mr. Berman asked if there were any downsides. Mr. LeLacheur answered no unless something was to go wrong. Mr. Berman commented this may build the relationship between the two towns and open doors to future projects together. Mr. LeLacheur noted we currently have a regional housing contract with North Reading and we are talking about regionalizing animal control with them as well. Discussion/ Action Items Chief Procurement Officer Designation - The Chief Procurement Officer is the Town Manager according to the Charter but this Is formality for the State that we need to fill out when we get a new Town Manager. This allows Mr. LeLacheur to delegate procurement to someone else and will not change anything. The Town Is currently trying to hire a procurement agent. Page I 1 W 0,1 Board of Selectmen Minutes - December 1 2015 - page 2 MAPC Presentation on Economic Development Opportunities - Jen Erickson from MAPC was attending to do the presentation. She noted this report fits into the menu of the EDSAT the town had previously done. This plan focuses on 4 Priority Development Areas (PDAs). There were many project elements that went into this report Including public engagement, residential market analysis and visual preferences. MAPC and the Town held three public meetings which were all well attended. There was a public comment period on the draft and they used past planning efforts as well. PDA #1 is the downtown area. PDA #2 is South Main Street. PDA #3 is New Crossing Road (behind RMLD). PDA #4 is 1 General Way. Ms. Delos commented, we don't think of these four parcels being connected but they could be and we should be thinking of that. Ms. Erickson noted all these areas are walking distance from the train and we should be promoting that. Retail analysis findings showed a lot of small business/ office potential. Residential analysis findings showed Reading is very well located with a great school system. Housing prices in Reading are at an all -time high right now and there is strong demand for housing in /near the downtown area. For preferences on uses, the community seemed to like mixed use for PDA #1, commercial for PDA #2 and there was difficulty picturing PDA #3's potential. The plan then has six strategies for developing each PDA. Strategy 1 is to adopt local policies and practices that will facilitate compact development and mixed use in the transit- accessible PDAs. Mr. Ensminger asked if we will need more help to accomplish this. Ms. Dellos answered yes we will absolutely need more staff and resources to continue it's just where are we going to get those resources is the next question. Mr. Berman commented that zoning says what we want so he asked if it would make more sense to do all the zoning at the same time instead of piecemeal. - Mr. Arena agreed that it might be easier to do all the zoning so they are all connected and the community can see the zoning for all the PDAs at one time Instead of just one or two PDAs at a time. Mr. Halsey asked if MAPC has access to developers to help us connect with them when we are ready to. Ms. Erickson noted MAPC Is currently working on that. They are In touch with developers and are hopefully going to be able to link them to towns in need. Action 1C is to develop and implement a comprehensive parking strategy and Mr. Arena noted that may be a bigger discussion. Strategy 2 is enhancing walkability and connectivity within and between the PDAs. Strategy 3 is branding and marketing the PDAs to attract interest from the developers, commercial establishments and potential customers. Mr. Arena noted the website is a good outreach without being personal. Mr. Halsey said this comes back to needing more staff to work on the website. He personally thinks that's a full time job in itself. Mr. Arena commented we also need to find someone who has done this before. Page 12 � OJa Board of Selectmen Minutes - December 1 2015 - pace 3 Strategy 4 is to support existing businesses Strategy 5 is to promote public/private partnerships and collaboration to maximize redevelopment potential. Action 5C is to facilitate redevelopment opportunities that require parcel consolidation with multiple owners. Ms. Dellos noted there is a project going before CPDC that is combing two properties to develop one larger commercial property. Action SA is to consider public/private partnerships with developers to help address gaps in financing redevelopment projects. Mr. Ensminger asked if MAPC is talking specifically about a certain infrastructure. Ms. Erickson said they have a list of potential parcels that could be developed. Mr. Halsey commented we should think about how many housing units we place, we tend to do a lot of housing and minimal commercial. Mr. Berman noted It is good to do a mix like with Haven Street. The units above the commercial space are bringing more traffic down that way now. Strategy 6 is to build the community and activate the public realm in downtown Reading through cultural economic development and place making Initiatives. What's next is funding, staffing and establishing public /private partnerships. Mr. Berman commented there is a clear need for us to help existing businesses as well. Mr. Ensminger asked Ms. Dellos how the board can help. Ms. Dellos noted we should be prioritizing what we can accomplish and how. Mr. LeLacheur noted that there are other areas that could possibly be developed that aren't in this plan. Ms. Dellos noted Main Street has 20,000 cars that pass through Reading on a daily basis and some better signage could maybe attract some of those cars to places around town. Mr. Ensminger thanked MAPC and Ms. Dellos for their outstanding work RMLD Update - General Manager Coleen O'Brien was present to give the board the update. She noted some highlights were the cost of service study, the LED Street Light Grant and their paperless billing. Capacity costs are expected to increase significantly. Seventy five percent of the budget is supply costs which are a pass- through. RMLD is looking at grid modernization which would save a lot of time and be more accurate. Mr. Berman asked how much this costs? Ms. O'Brien stated they are doing It piece by piece over twenty years. Mr. Ensminger asked If RMLD has any plans if an ERP happens. Ms. O'Brien answered yes they are legally required to do so. Mr. Arena asked about the cost of the modernization and Ms. O'Brien stated it is about half a million every year and about $25 million total. She stated everything is being done in- house to save money. Ms. O'Brien noted the LED streetlight replacement program has started and full implementation will be over three years ending in Fy18. Page 13 0. Board of Selectmen Minutes - December 1 2015 - paoe 4 Mr. Arena asked if she sees any change in demand or efficiency and Ms. O'Brien noted it Is pretty flat but RMLD wants people to use lights on off -peak hours. Mr. Halsey asked how Ms. O'Brien felt about new development in the space behind RMLD and asked if RMLD were to relocate, would they need more or less space than they currently have. Ms. O'Brien said it is hard to say exactly what they would need for space. She noted she would love to develop that area because there's a lot of potential there. RMLD is willing to move and consolidate as much as they can to make that happen; they just need a space that is big enough to handle large trucks coming through all the time. Ms. O'Brien commented that RMLD is actively implementing new proactive maintenance programs as well as career development and training for the employees. Mr. LeLacheur noted Ms. O'Brien has been very flexible with Ms. Delios and MAPC on the development plans with her space. Mr. Ensminger thanked Ms. O'Brien for updating the Board. Hearino - Amend FY16 Non -Union Classification Plan - Mr. Sexton read the hearing notice. There are two changes. The Collector and Assistant Treasurer positions are asking to be upgraded one step. It was waited on initially because of a pending retirement. Mr. Sexton moved to close the hearing on amending the FY16 Non -Union Classification Plan, second by Mr. Arena and approved with a 5 -0 -0 vote. Mr. LeLacheur noted there is a new agenda for next meeting. The Town is asking for a renewal of three years for the assessing agreement we have with Wakefield. He noted it is a good arrangement and he would like to keep it. Mr. Sexton move that the Board of Selectmen adiourn the meetina at 9:35 PM, second by Mr. Berman and approved with a 5 -0 -0 vote. Respectfully Submitted, Secretary grR Town of Reading i,,� � � x' Meeting Minutes a't�nxcoxtp°T Board - committee - Commission - Council: Board of Selectmen Date: 2015 -12 -15 Building: Reading Town Hall Address: 16 Lowell Street Purpose: General Business Attendees: Members - Present: Time: 7:00 PM Location: Selectmen Meeting Room Session: Open Sessioin Chairman Daniel Ensminger, Vice Chairman John Halsey, Secretary Kevin Sexton, John Arena and Barry Berman Members - Not Present: Others Present: Town Manager Bob LeLacheur, Executive Assistant Paula Schena, Christine Hansen, Stephen Crook, Jeanne Borawski, Emily Sisson, David Swyter, John Feudo, Mike Dipietro, Genevieve Fiorente, Richard Hand, Dan Foley, Kate Kaminer, Nancy Linn Swain, Justin Lizotte Minutes Respectfully Submitted By: Secretary Kevin Sexton Topics of Discussion: Reports and Comments Selectmen's Reports and Comments - John Halsey noted he attended the Recreation Committee and Trust Fund Committee meetings. There are Issues developing with the Trust Funds and transportation for seniors and the disabled. Some agencies are rolling back their services with hour restrictions. The hospital Trust Fund is the largest Trust Fund because we didn't build a hospital, we use the money in the spirit that it was given. The Town's social worker petitioned the Trust Fund Commissioners to change the qualifications so that they don't have to include everyone's income In the house and the Commissioners made that change to draw more people. If the Board of Selectmen wish to broaden the conditions let him know. Barry Berman noted that the Town had previously looked at funding the Nurse Advocate position but there were too many restrictions. John Halsey noted that the Town has at least 100 trusts ranging from $5,000 - $4 million. John Arena noted he was Interested in supporting looking at broadening the guidelines. The Town Manager noted he will review the document and determine what needs to be done. Kevin Sexton noted that he attended the CPDC meeting last night regarding 262 Main Street which is the Bridal Shop and commercial property next door. A lot of abutters showed up. The proposal is to not show the four floors from the front. The majority of the space is office. Kevin Sexton noted that he and John Halsey attended a meeting of the Volunteer Appointment Subcommittee tonight and he will report on that next. Daniel Ensminger noted that nomination papers are available and due back by January 120. The Town Manager noted that there will be an important discussion at the January 20th Financial Forum. The Warrant closes on January 26th and the Animal Control Bylaw will be on the Warrant. He, Jean Delios and Matt Kraunelis attended the Jay Ash Gift and Gab which was to promote shop local. We have had two requests from restaurants who want to Page 1 1 (Q10 I Board of Selectmen Minutes - December 15 2015 - page 2 serve alcohol until 1:00 on New Year's. There is a motion if the Board wants to approve that. A motion by Sexton seconded by Arena to extend the time to serve alcohol and food for all restaurants subject to the Town Manager's approval from 12 midnight to 1:00 a.m. on Friday, January 1, 2016 was approved by a vote of 5 -0 -0. Personnel and Appointments Climate Advisory Committee - Kevin Sexton reported that he and John Halsey interviewed Jeff Everson for a position on the Climate Advisory Committee but there is no vacancy yet. An Associate will be stepping down so when he does we will post and fill the vacancy. Human Relatlons Advisory Committee - In addition, they interviewed Seema Lynch for a position on the Human Relations Advisory Committee as the Selectmen's representative. John Halsey referred to her resume and noted that all roads lead to this candidate. She is an attorney with a strong background and she has the ability to be a steady Influence on the Committee as they move forward. approved by a vote of 5 -0 -0. Discussion /Action Items Wakefield /Reading Inter - Municipal Agreement - Renew Shared Assessor - The Town Manager noted the agreement is in the packet. The agreement has worked out perfectly and victor has done a great job. approved by a vote of 5 -0 -0. Watering for Adopt an Islands and Town Buildinos - Demetra Tseckares, President of the Garden Club, Vice President Denise McCarthy, Chair of Adopt an Island Suzanne McCance and Co -Chair of Civic Beautification Camille Anthony were present. Demetra Tseckares noted the Garden Club wants to start the conversation about water and Town beautification. The Town Hall has been 2/3 renovated by the Garden Club and the DPW. They want to complete the project but they are asking the older ladies to water by hose and that Is too much for them. The garden needs watering eight weeks during the summer. The lawn is a dust bowl so they are asking for Irrigation for this area. Demetra Tseckares noted that there are too many adopt and islands and they will be cutting back. The gateway Islands at Stoneham, and REI need irrigation. The islands at Simms, Walgreens, Town Hall and Christopher's need Irrigation also. They are asking people to haul water and that's not easy. They want to plant cherry trees in pots at the depot but they will need a watering truck. The Town Manager noted that we no longer have funding for watering the flowers downtown. Camille Anthony noted that those tiny baskets of flowers are silly. She would like to see us streamline like Winchester. Jean Delios suggested they join forces with the Chamber to combine resources. Camille Anthony asked If we are watering new trees that are being planted and Jane Kinsella noted we are. Page 1 2 W )JO` Board of Selectmen Minutes - December 15. 2015 - pace 3 Demetra Tseckares noted that the Police Station also needs some attention John Halsey said it all sounds great and asked if she had any pricing. Demetra Tseckares noted she was not sure how the Town gets pricing for that. John Arena asked if she is asking for a system with a timer or if she wants to truck in water for the gateway islands and Demetra noted they are asking for a dedicated water system for them. The pots at the Depot will need water trucks. The Town Manager suggested that she send him an email with the locations and he will get a price. Barry Berman suggested doing it as capital but if there is no water source then he recommends they not go forward with that Island. Daniel Ensminger deputized John Halsey to work with the Town Manager on looking at other sources. The Town Manager indicated it would be nice if the Garden Club suggested an alternative to the hanging baskets. Disability Commission - Matt Kraunelis noted this is a local option. If the Board wants a Disability Commission then it will have to go to Town Meeting. Christine Hansen encourages a Disability Commission to go along with the Town's development plan. She noted there are a lot of families with disabilities. Matt Kraunelis noted that the Town Clerk Is our ADA Coordinator. The Town Manager noted that Town Counsel would have to look at this. He also noted that a requirement is that a majority of the Commission has to be disabled and that could be hard to get. John Halsey noted he loved the idea but it is a tricky situation. Christine Hansen noted that years ago the communities were given the option for a Commission or and ADA Coordinator. Confirm Appointment of Police Chief - Daniel Ensminger welcomed Mark Segalla. He noted he witnessed the Assessment Center and Mark performed admirably. Barry Berman noted that he went through the process also and the assessment exercises were grueling. Mark was by far above everyone else. Mark Segalla thanked the Board and noted he will do his best. He also thanked his wife for her support. A motion by Sexton seconded by Arena to confirm the Town Manaaer's appointment of Deouty Chief Mark Seaalla as the next Reading Police Chief was approved by a vote of 5 -0 -0. Approve Licenses (non - alcohol) and Special Permits for Early Opening and 24 Hour Operation - Daniel Ensminger noted that the Town Manager will be issuing these permits with the Board's approval. Page 1 3 �b� Board of Selectmen Minutes - December 15 2015 - page 4 The Town Manager noted that two restaurants have requested extension of serving alcohol on New Year's Eve to 1:00 a.m. The Police Chief has no problem with it so if the Board has no problem with it he will grant approval for all restaurant liquor licenses. Birch Meadow Master Plan Joint Meeting with Recreation Committee - John Feudo noted that Jenna Fiorente, Nancy Linn Swain, Kate Kaminer, Emily Sisson, Jeanne Borawski, Richard Hand and Dan Foley were present. John Feudo noted that the Recreation Committee looked at the Capital Plan and some things have become passe. They did a survey over the summer. The Town Manager noted that it is not reasonable to do anything at this Annual Town Meeting. Richard Hand noted that 564 residents responded to the survey. The people who use the area are adults 18 - 55 and youth 6 - 11. Teenagers use It 5 - 7 times a week. The uses include walking, organized youth sports, playground use, ice skating, tennis and organized sports. Items with the highest interest for that area are restrooms at 74 %; walking paths 63%; water park 38 %, multi- purpose sport court 37%; pavilion 32 %. The community wants a place to gather. The lowest Interest was in a skate park, dog park and turf fields. So the priority ranking is restrooms, walking path and pavilion. He noted that food could be brought in on food trucks but that needs more discussion. John Feudo questioned how to maintain the restrooms. Richard Hand noted that the following items are in the 2016 Capital Plan: • Restrooms /Pavillion • Lighted fields • walking paths • multipurpose field • improved parking • water /splash parks The redesign of the softball fields will not be added because it is not needed. The Morton Field upgrade is not Included because it is not needed. There is no public interest in a dog park and a tree lined walkway is not economical. John Feudo noted that the met with everyone in the sports groups and sent notices to the abutters. Restrooms are a priority for the youth sports groups. A snack shack is nice Idea but there is no need for it. Other priorities Include noise barriers i.e. trees to block noise and lights and walking paths to get around the fields without going through them. They will meet with the Permanent Building Committee regarding the building proposals. John Arena asked if $1.2 million covers the scope of work. John Feudo said it was hard to say because the plan is not set yet but he doesn't see anything that he is concerned about. John Arena asked if the original scope the same four corners and we're just bringing In new things and John Feudo indicated that is correct. John Feudo noted that we won't redo Imagination Station and that was budgeted at $50,000, but if we make that a parking lot the money will be needed for that. John Arena noted that food sales are a good income generator, It just needs to be managed well. John Feudo noted that they could have a shack at the end of each park. John Halsey noted that his wife ran the shack at Hunt for years. It is a great way to raise money. Smaller satellites are easier to manage. He also noted that a pavilion could be a good gathering place for family reunions, get togethers, etc. Page 1 4 �� Board of Selectmen Minutes - December 15 2015 - pace 5 John Arena asked if horizontal light is still an issue and John Feudo noted it is. Daniel Ensminger noted that lighting has been discussed since the 1930's in Birch Meadow. Last April we were going to light all five fields but funds were Insufficient so they prioritized the fields. What happened? John Feudo noted the received quotes. The added the little league field because they could use it. They thought it would work but they got separate quotes. The Town Manager noted that we got in -house estimates for the borings, and site work for $165,000 for site prep that is necessary to complete the project. They originally thought It would be $50,000. He doesn't understand it because he was told it was a turnkey project. The Town Manager noted that our Engineers changed their mind and said their first quote was too low. The irrigation alone will cost $45,000. John Arena noted that $165,000 doesn't sound right. Barry Berman noted that Norwood hired a contractor for a lot less. John Arena noted if the scope of work is reasonable to hire someone. The internal problem is a separate issue. The number might be good we just don't know. Barry Berman asked If the Building Committee can help with this and the Town Manager noted this is outside their scope. The Town Manager noted we need a priority list of fields in case there is not enough money. John Feudo noted that the Recreation Committee did a site walk and had four meetings to examine different ways to move forward. They looked at usage, scheduling and maintenance costs. Daniel Ensminger asked if they considered and John Feudo noted they did not, but they did raise field fees. Barry Berman noted that the selling point to Town Meeting was it would pay for itself. He feels it would be worth going back and relooking at it. John Arena noted that for usage they are tracking the current and historical but it doesn't show new demand. How do we get more use? John Feudo reviewed the rankings and noted that aesthetics were included. He noted that the unlit fields ranked #1. Lights would add field time and accommodate many uses. The cost would be $225,000 - $245,000 stand alone. Barry Berman noted it would be helpful to know the potential revenue by field. John Feudo noted that revenue was dependent on usage. In -town use is maxed out but they could Invite out of towners. Daniel Ensminger asked if lacrosse could play If It was lit and John Feudo noted they could but they will tear . up the field. John Feudo noted that the lighted softball field ranked #2. No extra time is added but it would Improve safety and aesthetics. The cost would be $175,000 - $200,000. John Arena remarked that the field Is already lit. Barry Berman asked if both fields were done together can the price be cheaper than stand alone and John Feudo noted that it depends how the project is bid. The Turf 2 Field was ranked #3. It would enhance Flexibility but would not give additional play time because it is unsafe for light level and quality. There are numerous blind spots. It is unsafe for lacrosse and football because they would be looking directly into the light. John Halsey asked why we using that field if it is deemed unsafe. John Feudo noted it is adequate for practice. Page 15 W I5 Board of Selectmen Minutes - December 15 2015 - oage 6 The Tennis Court Field was ranked #4. It would increase use 50% for practices and games. The cost would be $180,000 - $200,000. Barry Berman noted that this field is the biggest bang for the buck. We could host Little League playoffs. Daniel Ensminger asked if we could piggy back off the tennis court lights and John Feudo noted he will have to find out. John Feudo noted that the Moscariello Ballpark ranked #5. The outfield is used as a multipurpose area. They would have to change the schedule to get more playing time. Lighting is a concern from abutters. The cost will be $275,000 - $300,000. John Halsey asked they are scheduling 90 minute games and John Feudo noted they schedule two hour time slots. Daniel Ensminger asked John Feudo what process was used in ranking. John Feudo noted a grid was sent to each Recreation Committee member to rank cost, usage and least impact to the neighbors. Daniel Ensminger asked if cost affected the ranking and John Feudo noted It did. Barry Berman noted that it is more important to add something we don't have. Turf 2 already has lights. We could look at temp fixes to move up the tennis court field and Moscariello Field. We should look at lighting all fields. John Arena suggested making good by something remedial or to do away with the electronic lights and go to manual. The Town Manager noted it is critical to rank because procurement laws say we have to prioritize. If the Board cannot decide tonight then we won't go out to bid right now. John Arena asked if we can do alternatives or renovation or remediation. The Town Manager noted we can list the four fields with a fifth field as an "add alternate ". He would have to find out if we can do remediation or renovation. The Board discussed different rankings for the field. Jeanne Borawski noted that they looked at the two softball fields as one because if one is lit and the other is not it will look funny. Nancy Linn Swain noted that Turf 2 is not safe. John Halsey noted they should shut it down then. John Arena noted it is the will of the Town to do as much as possible. Kevin Sexton asked if there would be any logic in going back to Town Meeting and the Town Manager noted that the timing is off. If we received bids that we don't like then we can go back to Town Meeting. Dave Swyter asked if Town Meeting approved this from free cash and the Town Manager noted no it will be borrowed money. FY17 Budoet - The Town Manager noted that he sent out the budget to departments today. It is a 3.25% operating budget. He had to cut $1 million this year to balance the budget. Positions will be eliminated. Next year there will be cuts in public safety and library if revenues don't increase. We will have to cut programs and services or raise revenues. The Finance Committee priority Is staffing and pay. They would rather cut services. They plan to look at the pay and classification plans. Page 16 �b W Board of Selectmen Minutes - December 15. 2015 - oaoe 7 John Arena noted that it would be helpful to show attraction and retention area with the difficulty in hiring and inability to keep talent in place. The Town Manager noted that there are not additions to the budget just adding hours - Police and Fire employees are 40 hours and Chiefs 37.50 so there is a gap in coverage. Barry Berman noted that we've managed it so well the expectation is that we will manage. When positions were unfilled we worked harder and provided the same level of service. John Halsey noted that the word is out when you take a job with Reading you will be doing three jobs. He noted that we need to partner with the schools to take the message to the neighborhoods. They need to take the show on the road. The Town Manager noted that the Finance Committee will be looking at the following: 1. Inability to fill positions 2. Understand use of free cash 3. Average tax bill by community 4. Expectations of services 5. Proposition 2 1/2 6. What budget is required for DY17 7. If propose override - how much? 8. Longterm Town plans 9. Importance of good schools 10. Best way to get more people in the community aware John Halsey noted that we have to say how much we need and where we are going to spend it. It is up to the Selectmen to be out in front talking about it. Barry Berman suggested an independent committee to advocate for it. John Arena noted that the Town costs are all services. The Town Manager noted also unfunded mandates. John Arena noted that we cannot take the approach that if we don't do the sky will fall or the schools will fail. Daniel Ensminger noted that we have a Town Manager keeping his folks paid the best that he can and we need to do the same for him. He had asked Sharon Angstrom to get salary Information from other communities and they range from $101,000 to $189,174. The Town of Wilmington had actually done a survey of other ways . to pay. John Arena asked what deferred compensation is and John Halsey noted that is an agreement to fund pension money. John Halsey noted that we need to address changes to come into reality of what the pay should be because we are near the bottom. If we had to replace Bob tomorrow It will cost us money. We need to get in line with peer communities. Daniel Ensminger noted that the budget by salary Is way out of line. The Town Manager requested that Sharon Angstrom work with Human Resources to verify the information. His personal preference Is to be transparent and not hide anything in the budget. Barry Berman noted that the longevity of the office holder is important John Halsey noted that how long the person has been doing that job not just in the current job is data needed. Page 1 7 (,b, Board of Selectmen Minutes - December 15 015 - paper Daniel Ensminger noted that they will use the Peer Community list. He and John Halsey will get more data and work on it. Approval of Minutes A motion by Sexton seconded by Arena to approve the minutes of October 28 2015 was approved by a vote of 3 -0 -2 with Arena and Halsey abstaining A motion by Sexton seconded by Arena to approve the minutes of November 17 2015 as amended was approved by a vote of 5 -0 -0 A motion by Sexton seconded by Arena to adjourn the meeting at 10.22 p.m. was approved by a vote of 5 -0 -0. Respectfully submitted, Secretary Page 18 b i�O 4,- 0;2s U.S. Department of Homeland Security Region I 99 High Street, 6e Floor Boston, Massachusetts, 02110 -2320 as° FEMA er�Ha SEA December 4, 2015 - Daniel Ensminger Chairperson, Board of Selectmen ✓ Town of Reading Town Hall - 16 Lowell Street Reading, Massachusetts 01867 Subject: Town of Reading, Middlesex County, Massachusetts Community No.: 250211 Dear Mr. Ensminger: On April 13 and 14, 2015, the United States Geological Survey (USGS), in partnership with the Federal_ Emergency Management Agency (FEMA), conducted a Discovery meeting for the Charles Watershed as part of FEMA's Risk Mapping, Assessment, and Planning (Risk MAP) program. The Charles Watershed is the 8 -digit hydrologic unit code (HUC) 01090001. During the meeting, the USGS discussed areas of flooding concern and project goals, milestones, and products with a variety of stakeholders, including FEMA officials, state and community officials, and watershed interest groups. Flooding sources considered during this meeting included major rivers such as the Charles, Ipswich, Mystic, Neponset, North, Parker, Saugus, Weir, Weymouth Fore, and Weymouth Back, as well as other smaller rivers and tributaries to those rivers in the eastern Massachusetts watershed. The Discovery process marked the beginning of a Risk MAP project that started in October 2014, and it assisted in identifying the scope of the Charles Watershed study. The Discovery meetings are part of the Discovery process, and the information exchanged between FEMA and communities within the Charles Watershed during Discovery improved our understanding of the watershed's flood hazard mapping and mitigation planning. At the Discovery meetings, we reviewed the flood risk data gathered to date. We also discussed your community's flooding history, flood risk concerns and mitigation. Please find enclosed a copy of the Charles Watershed Discovery Report, which collates information presented at the Discovery Meetings; information collected from communities prior to, at, and following the Discovery Meetings; and other information collected from other sources. Using this information that we collected during the Discovery process, the following rivers in the Charles Watershed were selected for detailed studies — Charles River, Godfrey Brook, Ipswich River, Nep inset River, Parker River, Saugus River, and Town Brook. The scope of the engineering and mapping covered for each river reach in this project is summarized in Table 1. Detailed studies involve field surveys to obtain structural geometry and elevation data and new hydrologic and hydraulic analysis resulting in new flood elevations. The field surveying on the previously listed river reaches will be occurring during November 2015 through the spring 2016. Thus, please be aware that you and residents in your communities may see USGS survey crews on the bridges, dams, and rivers, during the next several months. As this project continues, the USGS will be conducting a number of other meetings with the stakeholders in the Charles Watershed to communicate to you the progress of the project and to solicit your comments about draft and preliminary products. After the Discovery meeting, the next meeting to be held will be the work al Daniel Ensminger December 4, 2015 Page 2 map meetings. In the work map meetings, the USGS and FEMA will be meeting with officials from each community to discuss the draft flood insurance rate map products — the work maps — for that community. Communities can expect to receive an invitation to these meetings at least three weeks before their scheduled dates. If you have any questions regarding the Discovery process and results or the planned Work Map meetings, please contact the project manager, Gardner Bent, Hydrologist —USGS, by e-mail (ft ntQ ses.cov) or by calling (508) 490 -5041. Also available to answer any questions is Kerry Bogdan, Senior Engineer - FEMA Region 1, at (617) 956 -7576 or Keny.Bogdan @fema.dhs.gov. Sincerely, Marilyn Hilliard Risk Analysis Branch Chief Mitigation Division FEMA Region I Attachment: Discovery Report (DVD) cc: Robert W. LeLacheur, Jr., Town Administrator, Town of Reading Glen Redmond, Commissioner of Buildings, Town of Reading Jean Delios, Town Planner, Town of Reading Charles Tirone, Conservation Administrator, Town of Reading George Zambouras, P.E., Town Engineer, Town of Reading Kim Honetwhlager, GIS Coordinator, Town of Reading Eric Carlson, Acting NFIP State Coordinator, Massachusetts Department of Conservation and Recreation Kerry Bogdan, Senior Engineer, FEMA Region I (w /o attachment) Gardner Bent, Project Manager, U.S. Geological Survey (w /o attachment) Daniel Ensminger December 4, 2015 Page 3 Table 1: Detailed study reaches in the Charles Watershed, eastern Massachusetts _ River Communities Downstream limit of study Upstream limit of stud Charles Ricer Boston, Cambridge, Cambridge, Boston, and Newton, Weston, and Watertown, Waltham, Watertown Corporate Wellesley Town boundary, Newton, Weston, and boundary, about 1,600 ft. about 1,800 ft. upstream of Wellesley, MA downstream of the Arsenal Park Rd. bridge, Weston, Burlington, MA St. bridge Watertown, MA MA Godfrey Brook Milford, MA Confluence with Charles About 200 ft. west of Canton, Westwood, River, Milford, MA Blanchard Road, Milford, Ipswich River Topsfield, Boxford, State Rt. 1/Boston St., Wilmington/Burlington Middleton, Danvers, Topsfield Town boundary, about 200 Peabody, Lynnfield, ft. north of Michael Drive North Reading, Reading, in Burlington, MA Wilmington, and Burlington, MA Neponset River Milton, Boston, Dedham, Baker Dam, about 200 ft. Foxborough/Walpole Canton, Westwood, upstream of Adams St., Town boundary, about Norwood, Sharon, Milton Village, Milton, MA 1,300 ft. upstream of Walpole, and Summer St., Walpole, MA Newbury and Dam about 501t. upstream Newbury/Georgetown Georgetown, MA of Central St., Newbury, MA Town boundary, about 2,100 ft. upstream of River River Saugus, Wakefield, and Saugus Iron Works National Outflow of Lake Lynnfield, MA Historic Site, Bridge St. Quannapowitt, Wakefield, MA MA Corporate boundary, about 400 ft. upstream of Rockdale St., Braintree, Rom COMMONWEALTH OF MASSACHUSETTS Department of Telecommunications and Cable 1000 Washington Street, Suite 820, Boston, MA 02118 (617) 3053580 vrxw.mass.gov /dtc CHARLES C. BAKER JAY ASH GOVERNOR SECRETARY OF HOUSING AND KARYN E. POLITO ECONOMIC DEVELOPMENT LIEUTENANT GOVERNOR JOHN C. CHAPMAN UNDERSECRETARY KAREN CHARLES PETERSON COMMISSIONER December 8, 2015 RE: Cable Rate Regulation Dear Issuing Authority: The Federal Communications Commission ("FCC ") recently adopted an Order affecting the regulation of basic service tier cable rates in Massachusetts communities.' Specifically, the FCC reversed the longstanding presumption that cable companies are not subject to effective competition, creating instead a rebuttable presumption that cable companies are subject to effective competition.2 When a cable company is deemed subject to effective competition in a community, basic service tier cable rates in that community are no longer subject to rate regulation. Under the new FCC rule, a franchising authority that wishes to retain its cable rate regulation authority must file a new certification ( "FCC Form 328 ") with an attachment rebutting the presumption of effective competition by December 8, 2015. The Department of Telecommunications and Cable ( "Department ") is the certified franchising authority for regulating basic service tier rates and associated equipment costs in Massachusetts communities. As such, the Department has filed the attached FCC Form 328 for communities for which sufficient data exist to rebut the presumption of effective competition. The Department's attachment to the FCC Form 328 can be viewed here: htto: / /aons.fcc. eov /ecfs /i)roceedini4/view ?name =fNBOX- 76.910. If you have any questions regarding this filing, please feel free to contact the Department. Sincerely, /nA.L Jam 4 <P �� Sara Clark Secretary of the Department 1000 Washington Street, Suite 820 Boston, MA 02118 -6500 (617) 305 -3580 I~ The FCC's Order can be found here:httmHaoosfcc. eov /edocs Public /anachmatch/FCC- 15- 62AI.odf. ' More information on effective competition can be found on the Department's website: http: / /www.mms. eov /ocabr /govemment/oca- agencies /dtc- ID /comnetit ion- division/cable -tv -division /statistics- �' and - general- info /effective- comoetition.html. �� `� Better businesses. Smarter consumers. redael Communications Commission Aparovd by Obi Wubingan, 6 C 20554 306M550 Far FCC Use only FCC 328 CERTIFICATION OF FRANCHISING AUTHORITY TO REGULATE BASIC CABLE SERVICE RATES AND INITIAL FINDING OF LACK OF EFFECTIVE COMPETITION Name of Franchising Authority MA Dep't of Telecommunications and Cable Mailing Address 1000 Washington Street, Suite 820 City Boston State MA ZIP Code 02118 -6500 Telephone No. (include area code): Person to contact with respect to this form: 2a. NamIXs) and addN,a(es)ofcm]c systurds) and associated FCC Community unit identifiers) within your jurisdiction. (Attach additional cheek if necessary) Cable System's Name See Attachment 1 Mailing Address City State ZIP Code Cable System's FCC Community Unit Identifier: Cable System's Name Mailing Address City State ZIP Cade Cable System's FCC Community Unit Identifier. 2b. NamIXs) ofsy <em(s) ad associated community unit identifiers) you claim are subject to regulation ad with respect d which you are filing this reinfiection. (Attach additional sheets if aecessmyJ Name of System See Attachment 2 Name of System 2c. Have you served a copy of this form on ® ❑ all parties listed in time 21 Yes No 3. Will your franchising authority ado,( (widen 120 ® Yes No days ofcertifcation) anal administer regulations with respect to basic cable service that are coreisent with the regulations adopted by the FCC pursuant to 47 USA Section 543(b)? 4. With respect to the franchising authority's regulations referred to in ,tertian 3. yes rvo e(imive competition. Based on definition (b) below a. Does your franchising northern, have the legal x rtect? Ifao, you must provide an attachment authority to adopt them? containing evidence adequate to satisfy your burden yes No b. Does your franchising authority have the ®yea MY. ON. hated In 261s (are) not subject to any odr type of personnel to admit nistar them? effective competition. Based on definitions (a), (c), No 5. Do the procedural laws andregulatios applicable to ®Yee ❑rvo rate resolution proceedings by your franchising authority provide a reasonable opportunity for consideration ofthe views ofirueresteii ponies? 6a. The Commission presumes Nat the cable syslem(s) lived In 26 is bare) subject to competing provider yes rvo e(imive competition. Based on definition (b) below do you have reason to believe that this presumption is rtect? Ifao, you must provide an attachment containing evidence adequate to satisfy your burden of rebuuin, the presumption with specific evidence. 6b. The Commission presumes that the cable systems) MY. ON. hated In 261s (are) not subject to any odr type of effective competition. Based on definitions (a), (c), and (d) below, do you have reason to believe that this presumption is cones? qba FCC 1—'28 SephmW2015 (EfEcUse competition means Net (a) fewer then 30 percent ofthe households in the Machine area subsank roc the cable service afa cable system; (b) the franchise area is it served by M least two unaffiliated multichannel video programming distributors each.&Meh otters c.,rable vide, programming m at least 50 percent ofNe households to the franchise area, and (ii) the number ofhouseholds subscribing to prognmmNg services .ff d by multichannel video programming distributors other than the largest notho,harmel video programming distributors exceeds 15 percent fthe households in the Franchise area; (c) a multichannel video programming distributor operated by Ne franchising authority for Nat franchise area offers video programming to at least 50 pement of the households in the franchise area; or (d) a local exchange carrier or its affiliate (or any multichannel video progreanming distributor using the facilities of such carrier or its affiliate) offers video progr coming services direc0y to subscribem by any means (other than direct- to-home satellite services) in the farwhise, area of an unaffiliated cable operator which is providing cable service in that franchise area, but only ifthe video programming Novae, an offered in that area are comparable to the video programming services provided by the uwffliated cable operamr in that area. 47 C.F.R. §]6.905.) Signature Title Counsel Date 12/8/15 WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND I OR IMPRISONMENT (UA CODE TITLE 18, SECTION 1001). Retum the original and one copy ofthis certification faun (as indicated in the Irsatructions for FCC 328), along with any attachments, to Federal Communications Commission Attu: Media Bureau, Policy Division FCC Form 328 Cable Franchising Authority Certification 445 12th Street, SW Washington, DC 20554 q b3 FCC Fwm 328 Sepumber2015 @OMNI ENVIRONMENTAL GROUP December 8, 2015 Board of Selectmen :. Reading Town Hall 16 Lowell Street Reading, MA 01867 RE: 120 -Day Release Notification Form -- Release Tracking Number 3- 33298 10 Dustin Road Reading, Massachusetts Dear Robert LeLacheur: In accordance with the Massachusetts Contingency Plan (MCP) [(3 10 CMR 40.1403(3)(h)] and on behalf of Townsend Oil (as the potentially responsible party), the purpose of this letter is to: ♦ Notify the Town of Reading of a release of 92 fuel oil that has occurred at the above - referenced residence. The enclosed copy of the Release Notification Form (RNF) (BWSC -103), which was submitted to the Massachusetts Department of Environmental Protection (MassDEP), provides more information concerning the release; and ♦ Notify you of your rights to request additional Public Involvement Activities under 310 CMR 40.1403(9), as applicable, and upon Tier Classification, if performed, under 310 CMR 40.1404. Please do not hesitate to contact the undersigned at (978) 256.6766 if you have any questions, comments, or require additional information. Sincerely, Omni Environmental Group (�-Tof y /�% ,-aKCi Gregory R. Morand, LSP Principal cc: Board of Health, Attention: Steven DiLauro, Reading Town Hall, 16 Lowell Street, Reading, MA 01867 6 Lancaster County Road • Harvard, MA 01451 • /1 �1 Telephone: (978) 256 -6766 • w .OmniEG.com � Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup RELEASE NOTIFICATION FORM Pursuant to 310 CMR 40.0371 (Subpart C) A. RELEASE OR THREAT OF RELEASE LOCATION: 1. Release Name/Location Aid: RESCE CE 2. Street Address: 1000STN ROAD 3. City/Town: 5. Coordinates: BWSC103 -120 DAY Release Tracking Number assigned upon receipt and review by the Department REPDItJG 4. ZIP Cade: 018870000 mm /dd/yyyy hh:mm a. Latitude: N 42.53354 b. Longitude: W 71.12432 B. THIS FORM IS BEING USED TO: r 1. Submit a Release Notification for a 120 day reporting requirement (All sections of this trammittal form must be filled out) C. INFORMATION DESCRIBING THE RELEASE: 1. Dam and time you obtained knowledge of the Release: 1262015 Time 04:15 r AM f+ PM mm /dd/yyyy hh:mm 2. Date and time release retuned, if known: 1262015 True: 03;30 r AM r PM mm/dd/yyyy hhmm 3.120 DAY REPORTING CONDITIONS Check all Notification Thresholds [hm apply to the Release: (for more information see 310 CMR 40.0315) r a Release of Hazardous Material(s) to Soil or Groundwater Exceeding Reportable Conoentrution(s) r b. Release of0il to Soil Exceeding Reportable Concentration(s) and AffeMing More than 2 Cubic Yards r e Release of0il to C"undwmer Exceeding Reportable Commntmtion(s) r d. Subsurface Non- Aqueorw Phase Liquid (NAPE) Equal M or Greeter than 1/8 Inch (Al feet) and Less than 12 Inch (.04 feet) Revised: 10/11/2013 Page 1 of gC, a Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup RELEASE NOTIFICATION FORM Pursueat b 310 CMR 40.0371 (Subpmt C) C. INFORMATION DESCRIBING THE RELEASE (coot) BWSC103 -120 DAY Release Tracking Number acsigred upon receipt and review by the Department 4. List below the Oils (0) or Hazardous Materials (HM) that exceed their Reportable Concentration (RC) or Reportable Quantity (RQ) by the greatest amount. r Check here if un amount or concentration is unknown or less dmn detectable. O or HM Releered CAS Number, ifknowa OorHM Amountor Concentration Units RCa Em.ded,If Applicable (RCS -f, RCS- 2, RCGW -1, RCGW -2) TPH O 25M MG%G RMI P Check here if a list of additional Oil and Hazardous Materials subject to reporting, or any other documentation relating to this notification is attached. D. PERSON REQUIRED TO NOTIFY: I. Name of Orgmtizstion: T0VA4sEHDCsL 2. Contact First Name: BARRY 4. Street 6. Chyffown: 27CHERRYSfREEf 3. Lou Name: DAVIES 5. Title: SAFEIYANDOOMPLWNCE DANVERS 7. State: MA 8. ZIP Cade: 019230000 9. Telephone: 970 -705 -2344 10. Fat: II.Finail: Ddaviee�townaendlotalaneryY.ram r 12. Check here if attaching names and addresses of owners of properties affected by the Release, other than an owner who is submitting this Release Notification (required). E. RELATIONSHIP OF PERSON TO RELEASE: R I. RP oc PRP r a Owner r b. Operator r c. Gencr ster r d. Transporter r e. Other RP or PRI? Specify: OR09.NQtYC ANY r 2. Fiduciary, Secured lender or Municipality with E empt Status (as defined by M.G.L. c. 21 E, s. 2) r 3. Agency or Public Utility on a Right of Way (as defined by M.G.L. c. 21 E, s. 50p )— 4. Any Other Person Otherwise Required to Notify Specify Relationship: Revised: 10/11/2013 Page 2 of 3 qC3 Massachusetts Department of Eaviroamental Protection BWSC103 -120 DAY Bureau of Waste Site Cleanup `.. , R ELEASE NOTIFICATION FORM Release Tracking Number assigrcd upon receipt and IL Pursumn to 3I0 CMR 40.0371 (Subpar C) micw by the Deparnnen[ F. CERTIFICATION OF PERSON REQUIRED TO NOTIFY: L L WRY DAMES , attest under the pains and penalties of perjury (i) that I have personally examined and am familiar with the information contained in this submittal, including any and all documents accompanying this trmmsmittal form, (it) that, based on my inquiry ofthose individuals immediately responsible for obtaining the information, the material information contained in this submittal is, to the best of my knowledge and belief, true, accurate and complete, and (iii) that I not fully authorized to make this attestation on behalf of the entity legally responsible for this submittal. I /the person or entity on whose behalf this submittal is made antis aware that there are significant penalties, including, but not limited to, possible fares and imprisonment, for willfully submitting false, inaccurate, or incomplete information. 2. By: BARRY DAMES 4. For: 3. Title: SAFETYANDCOWLW4CE Toyrhls Doll- e 5. Date: 12/142015 (Name of person or entity recorded in Section D) mm /dd/yyyy r 6. Check here if the addmas ofthe person providing certification is different from address recorded in Section D. 7. Street: 8. City/Town: 9. State: II. Telephone: 11 Evr: 13. Emai 10. ZIP Code: YOU ARE SUBJECT TO ANNUAL COMPLIANCE ASSURANCE FEES FOR EACH BH.LABLE YEAR FOR TIER CLASSIFIED DISPOSAL SITES YOU MUST LEGIBLY COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS INCOMPLETE. IF YOU SUBMIT AN INCOMPLETE FORM, YOU MAY BE PENALIZED FOR MISSING A REQUMED DEADLINE Dare Stamp (DEP USE ONLY) AM Revised: 10/11/2013 Page 3 of G� I/L ht's @OMNI ENVIRONMENTAL GROUP December 8, 2015 Board of Selectmen Reading Town Hall — 16 Lowell Street - Reading, MA 01867 ; RE: Release Tracking Number 3 -33298 10 Dustin Road Reading, Massachusetts Dear Robert LeLacheur: In accordance with the public notification requirements of the Massachusetts Contingency Plan (310 CMR 40.1403), Omni Environmental Group, LLC is providing you with notification that a Release Abatement Measure (RAM) will be implemented at 10 Dustin Road, Reading, Massachusetts. The RAM consists of the excavation and off-site management of up to 25 cubic yards of soil impacted with petroleum hydrocarbons that resulted from a less than 10 gallon release of #2 fuel oil at the northwestern exterior of the Site residence. The soil will be excavated from the area of release in December 2015. The Massachusetts Contingency Plan provides opportunities for public involvement which are described in 310 CMR 40.1403(9) and 310 CMR 40.1404. The Massachusetts Contingency Plan regulation and information about opportunities for public involvement can be found on -line at www.mass.gov /dep /cleanup. Please do not hesitate to contact the undersigned at (978) 256 -6766 if you have any questions, comments, or require additional information. Sincerely, Omni Environmental Group O'C'v'-Y /y%i�a rci Gregory R. Momnd, LSP Principal ce: Board of Health, Attention: Steven DiLauro, Reading Town Hall, 16 Lowell Street, Reading, MA 01867 6 Lancaster County Road • Harvard, MA 01451 • /1 _I I Telephone: (978) 256 -6766 • w .OmniEG.com 9 a ` RELEASE ABATEMENT MEASURE PLAN 10 DUSTIN ROAD READING, MASSACHUSETTS MASSDEP RTN 3 -33298 Prepared For: Townsend Oil 27 Cherry Street Danvers, Massachusetts 01923 Prepared By: Omni environmental Group, LLC 6 Lancaster County Road Harvard, Massachusetts 01541 Project: 3989 December 2015 6 Lancaster County Road • Harvard, MA 01451 Telephone: (978) 256 -6766 • w .OmniEG.com 1 Massachusetts Department of Environmental Protection BWSC 106 Bureau of Waste Site Cleanup RELEASE ABATEMENT MEASURE (RAM) C�Rel-elee�ase TtackingNumber TRANSMITTAL FORM t=_l - 33498 Pursuant to 310 CMR 40.0444 - 0446 (Subpart D) A. SITE LOCATION: I. Site Name/Locidion Aid: RESCBJCE 2. Street Addhess: 10DUSTIN ROAD 3. Cityfrown: REnDW 4. Zip Code: 018670000 r 5. Check here if the disposal site that is the source of the release is Tier Classified. Check the current Tier Classification Category. r a TienI Cb. Tier ID rc. Tier & THIS FORM IS BEING USED TO: (check all that apply) 1. List Submittal Date of Initial RAM Plan (ifpreviously submitted): n— W") F 2. Submit an Initial Release Abatement Measure (RAM) Plan. r a. Check here if the RAM is being conducted as part ofthe ronstmction of a permanent structure. If checked, you must specify what type of permanent structure is to be erected in or in the immediate vicinity of the area where the RAM is to be conducted. b. Specify type of permanent structure: (check all that apply) r i. School r a. Residential r iii. Commercial F- iv. Industrial r v. Other Specify: r 3. Submit a Modified RAM Plan of a previously submitted RAM Plan. r 4. Submit a RAM States Report. r 5. Submit a Remedial Monitoring Report. (This report con only be submitted through cDEP, concurrent with a RAM Status Report) a. Type of Report: (check one) r i. Initial Report r ii. Interim Report r iii. Final Report b. Frequency of Submittal: r i. A Remedial Monitoring Reports) submitted every six months, concurrent with a RAM Status Report. r ii. A Remedial Monitoring Reports) submitted mostly, concurrent with a RAM Stems Report. e. Number of Remedial Systems and/or Monitoring Programs: A separate B WSC106A, RAM Remedial Monitoring Report, must be filled out for each Remedial System and/or Monitoring Program addressed by this transmittal form. F6. Submit a RAM Completion Statement. r 7. Submit a Revised RAM Completion Statement. 8. Provide Additional RTNa: r a. Check here if this RAM Submittal covers additional Release Tracking Numbers (RTNs). RTNs that have been previously linked to a Primers Tier Classified RTN do not need to be listed here. This section is intended in allow a RAM to cover more than one unclassified RTN and not show permanent linkage to a Primary Tier Classified RTN. b. Provide the additional Release Tracking Number(s) �- �- rovered by this RAM Submittal. r 9. Include in the RAM Plan or Modified RAM Plan a Plan for the Application of Remedial Additives near n sensitive receptor, pursuant to 310 CMR 40.0046(3). (All sections of this transmittal form must be filled out unless otherwise noted above) Revised: 8152013 Page I of 6 qd3 LlMassachusetts Department of Environmental Protection BWSC 106 Bureau of Waste Site Cleanup RELEASE ABATEMENT MEASURE (RAM) Release Tracking Number � TRANSMITTALFORM D - F332ea —_] Pursuant to 310 CMR 40.0444 - 0446 (Subpart D) C. RELEASE OR THREAT OF RELEASE CONDITIONS THAT WARRANT RAM: 1. Media Impacted and Receptors Affected: (check all that apply) r a. Paved Surface r b. Baseman I— a school r d. Public Water Supply r e. Surface Water r E Zone 2 r— g. Private Well r h. Residence r i Soil rj. Ground Water r k. Sediments r I. Wetland r m. Storm Drain r n. Indoor AG r o. Air r P. Soil Gas r q. Sub -Slab Soil Gas r Y. Critical Exposure Pathway r s. NAPL r I. Unknown I- u. Others SP-Hy: 2. Sources of the Release or TOR: (check all that apply) r a. Transformer r b. Fuel Tank r c. Pipe r d. OHM Delivery r e. AST r f. Drums r g. Tanker Track r h. Hose r i. Line f— j. UST Describe: r k. Vehicle r I. Boat/ Vc.1 r an. Unknown rn.Other: QMELOILDELNERYTOFXTERIORAST 3. Type of Release or TOR: (check all that apply) r e. Rupture r f. Vehicle Accident r k. UST Removal De9CObe: _ r1.Unknown rm. Other : INCIDEMAL SPILLAGE 011FINGFlLL4GOFE %iFRIXAS F a. Dumping r b. Fire r c. AST Removal r d. Overfill r g. Leek r I. Spill r i. Test Failure rj. TOR Only 4. Identify Oils and Hazardous Materials Released: (check all that apply) r u Oils r b. Chlorinated Solvents r c. Heavy r d. Others Specify: Metals D. DESCRIPTION OF RESPONSE ACTIONS: (check all that apply, for volumes list cumulative amounts) r 1. Assessment and/or Monitoring Only r 3. Deployment of Absorbent or Containment Materials r 5. Structure Venting SysteMHVAC Modification System r 7. Product or NAPL Recovery r 9. Groundwater Treatment Systems r 11. Remedial Additives r 13. Active Exposure Pathway Mitigation System r 15. Monitored Natural Attenuation r 2. Temporary Covers or Caps r 4. Temporary Water Supplies r 6. Temporary Evacuation or Relocation of Residents r 8. Fencing and Sign Posting r 10. Soil Vapor Extraction r 12. Air Sparging r 14. Passive Exposure Pathway Mitigation System r 16. In -Sim Chemical Oxidation Revised: 8/5/2013 Page 2 of 6 V Bureau of Waste Site Cleanup LlMassachusetts Department of Environmental Protection RELEASE ABATEMENT MEASURE (RAM) � TRANSMITTAL FORM Pursuant to 310 CMR 40.0444 - 0446 (Subpart D) BWSC 106 Release Trucking Number a❑ ssa D. DESCRIPTION OF RESPONSE ACTIONS (cont): (check all that apply, for volumes list cumulative amounts) P 17. Excavation ofContaminmed Soils i✓ A. Rs -use, Recycling or Treatment r i. On Site Estimated volume in cubic yards l+. ii. Off Site Estimated volume in cubic yards 25 iia Receiving Facility: aROK Town: DRACUT State: MA jib. Receiving Facility: Town: State: iii. Describe: # FUEL OIL I0.WACIEDSOU TOSE EXCAVATED FROM RELEASE AREA r b. Store r i. On Site Estimated volume in cubic yards r R Off Site Estimated volume in cubic yards iia. Receiving Facility: Town: State: jib. Receiving Facility: Town: State: r c. Landfill r i. Cover Estimated volume in cubic yards Receiving Facility: Town: State: r ii. Disposal Estimated volume in cubic yards Receiving Facility: Town: State: P 18. Removal of Drums. Tanks m Comajners: a.Describe Quardityand Amount OtE56OA MMOILYLIOUIMS FOUR510ALORLAAOILYS DS b. Receiving Facility: TRIUWRATE ENMRONAERTAL FAOUTY Town: LOVELL State: MA c. Receiving Facility: Town: Stare: r 19. Removal of Other Contaminated Media: A. Specify Type and Volume: b. Receiving Facility: Town: State: c. Receiving Facility: Town: shte: r 20. Other Response Actions: Describe: r 21. Use of Innovative Technologies: Describe: Revised: 8/5/2013 Page 3 of 6 q65 Massachusetts Department of Environmental Protection BWSC 106 �".-- Bureau of Waste Site Cleanup RELEASE ABATEMENT MEASURE (RAM) IR�e— lease Tracking Number tt� TRANSNIF TALFORM �� Pursuant to 310 CMR 40.0444 - 0446 (Subpart D) E. LSP SIGNATURE AND STAMP: 1 attest under the pains and penalties of perjury that I have personally examined and am familiar with this transmittal form, including any sad all documents accompanying this submittal. In my professional opinion and judgment based upon application of (i) the standard of care in 309 CMR 4.02(1), (ii) the applicable provisions of 309 CMR 4.02(2) and (3), and 309 CMR 4.03(2), and (iii) the previsions .1`309 CMR 4.03(3), to the beat afmy knowledge, information and belief, > if Section B of this form indicates that a Release Abatement Measure Plan is being submitted, the response action(s) that is (are) the subject of this submittal (i) has (have) been developed in accordance with the applicable provisions of M.G. L. c. 21E and 310 CMR 40.0000, (ii) is (are) appropriate and reasonable to accomplish the purposes of such response actions) as act forth in the applicable provisions of M.G.L. c. 21E and 310 CMR 40.0000 sued (iii) cmnply(ies) with the identified provisions of all orders, permits, and approvals identified in this submittal; > if Section B of this form indicates that a Release Abatement Megan. Sue., Report and /or Remedial Monitoring Report is being submitted, the response action(s) that is (ere) the subject of this submittal (i) is (ere) being implemented in accordance with the applicable provisions of M.G. L. c. 2 1 E and 310 CMR 40.0000, (ii) is (are) appropriate and reasonable to accomplish the purposes of such response actions) as set forth in the applicable provisions of M.G.L. c. 2 1 E and 310 CMR 40.0000 and (iii) comply ties) with the identified provisions ofall orders, permits, and approvals identified in this submittal; > if Section B of this form indicates that a Release Abatement Measure Completion Statement is being submitted, the response actions) that is (are) the subject of this submittal (i) has (have) been developed and implemented in accordance with the applicable provisions of M.G.L. c. 2 1 E and 310 CMR 40.0000, (ii) is (ere) appropriate and reasonable to accomplish the purposes of such response action(s) as set forth in the applicable provisions of M.G.L. c. 2 1 E and 310 CMR 40.0000 and (iii) comply(ies) with the identified provisions of all orders, permits, and approvals identified in this submittal: I am aware that significant penalties may result, including, but not limited fo, possible fines and imprisonment, if I submit information which 1 know to be false, inaccurate or materially incomplete. 1. LSP 7t: 5107 2, Ftrn Name: GREGORYR 3. Last Name: MORN4D 4. Telephone: 978-807 -0940 5. Fm: 6. Email: 7. Signature: GREGORYRMORAND 8. Dare: 12WO15 9. LSP Stamp: (..ddN1») Revised: 8/5/2013 Page 4 of 6 M 111v of Mds$� Electronic Seal ,s°0 sRe Pcotese Revised: 8/5/2013 Page 4 of 6 M F. PERSON UNDERTAKING RAM: Massachusetts Department of Environmental Protection r a. change in contact name Bureau of Waste Site Cleanup Ll�� (R RELEASE ABATEMENT MEASURE AIN!) BARRY TRANSMITTALFORM 27 CHERRYSf Pursuant to 310 CMR 40.0444 - 0446 (Subpart D) F. PERSON UNDERTAKING RAM: 1. Check all that apply: r a. change in contact name 2. Name of Organization: TDNMSENDDILCDhPANY 3. Contact First Name: BARRY 5. Street: 27 CHERRYSf 7. Cityrfown: DANVERS 10. Telephone: 97 &28&2000 r b. change of address 4. Last Name: 6. Title: 8. Sete: M4 ILEx BWSC 106 FT-1 Release Tracking Number - *12967 r c. change in the person undertaking response actions DAMES 9. ZIP Code: 019230000 12. Email: G. RELATIONSHIP TO RELEASE OR THREAT OF RELEASE OF PERSON UNDERTAKING RAM: r Check here to change relationship r I. RP or PRP r a. Owner r b. Operator r c. Generator r d. Tmasporter re. Other RPorPRP Specify: OIIIERPRPS r 2. Fiduciary, Secured Lender or Municipality with Exempt Status (as defined by M.G.L. c. 21 E, s. 2) r 3. Agency or Public Utility on a Right of way (m defined by M.G.L. c. 21 E, s. 50)) r 4. Any Other Person Undertaking RAM Specify Relationship: ILREQUIREDATTACf AENYANDSUBNUTTA1S: r I. Check here ifany Remediafion Waste, generated a a result ofthis RAM, will be stored, treated, managed, recycled or reused at the site following submission ofthe RAM Completion Statement. You must submit a Phase IV Remedy Implementation Plan along with the appropriate transmittal form (BWSC 109). r 2. Check here if the Response Actions) on which this opinion is based ifany, are (were) subject to any order(s), permit(s) and/or approval(s) issued by DEP or EPA. If the box is checked, you MUST attach n statement identifying the applicable previsions thereof. F7 3. Check here to certify that the Chief Municipal Officer and the Local Board of Health have been notified of the implementation of a Release Abatement Measure. r 4. Check here if any non- updetable information provided on this form is incorrect, e.g. Release Address/Location Aid. Send corrections to bwsc.edep@state.ma.us. F 5. If a RAM Compliance Fec is required for this RAM, check here in certify that a RAM Compliance Fee was submitted to DEP, P. O. Box 4062, Boston, MA 02211. r 6. Check here in certify that the LSP Opinion containing the material facts, data and other information is attached. Revised: 8/52013 Page 5 of 6 q61 Massachusetts Department of Environmental Protection BWSC 106 `- Bureau of Waste Site Cleanup RELEASE ABATEMENT MEASURE (RAM) Release Tracking Number 11, TRANSMITTAL FORM I� Pursuant to 310 CMR 40.0444 - 0446 (Subpart D) I. CERTIFICATION OF PERSON UNDERTAKING RAM: 1. I,BARRY DAMES , attest under the pains and penalties of perjury (i) that I have Personally examined and am familiar with the information contained in this submittal, including any and all documents accompanying this transmittal form, (ii) that, based on my inquiry of those individuals immediately responsible for obtaining the information, the material information contained in this submittal is, to the best of my knowledge and belief, true, accurate and complete, and (iii) that I em fully authorized m make this attestation on behalf of the entity legally responsible for this submittal. I /the person or entity on whose behalf this submittal is made am/ia aware that there are significant penalties, including, but not limited to, possible fines and imprisonment, for willfully submitting false, inaccurate, or incomplete information. 2. By: BARRY MAU 3. Title: ISipmiwe) 4. For. TOMSFNDOa COAPANY 5. Date: 11/ar2015 14<ne ufrv. n oennry rtmded in SXIxo R ImirvJdyypI r 6. Check here if the address of the person providing certification is different from address recorded in Section F. 7. Street: 8. Ciry/Town: 9. State: 10. ZIP Code: 11. Telephone: 12. Eat: 13. Email: YOU ARE SUBJECT TO AN ANNUAL COMPLIANCE ASSURANCE FEE OF UP TO $10,00 PER BILLABLE YEARFORTHIS DISPOSAL SITE VOIIMUST LEGmLYCOMPLETE ALL NFL VANT SECTIONS OF THIS FORM ORDEP MAY RETURN THE DOCUMENT AS INCOMPLETE. IF YOU SUBMITAN INCOMPLETE FORM, YOU MAYBE PENALIZED FOR MISSING A REQUIRED DEADLINE Dam Stamp (DEP USE ONLY) 'on AM ' \ Town of Reading 16 Lowell Street Reading, MA 01867 -2683 HISTORICAL COMMISSION historiest @ct.reading.ma.us (781) 942-6661 Fax(781)942 -6071 N O O December 14, 2015 =, n To: Bob LeLacheur, Reading Town Manager Jean Delios, Reading Community Planning Department George Zambouras, Reading Engineering Department Mark Clark, North Reading Water Department ^� Brian F. Sullivan, Chair, Reading Conservation Commission Martin Weiss, Chair, North Reading Conservation Commission Paul Brinkman, Senior Project Engineer, Wright -Pierce (Consultant to NRWD) Brona Simon, Executive Director, MHC, Massachusetts Historical Commission North Reading Board of Selectmen ti Reading Board of Selectmen North Reading Historical Commission Reading Historical Commission Re: North Reading's Water Supply Source DEIR Process and Preservina Reading's Historic Lob's Pound Mill Archeological Site The Reading Historical Commission (RHC) writes to Reading and North Reading Town representatives, to communicate our grave concerns and objection to their further consideration of the vicinity of the historic Lob's Pound Mill site as a viable water connection and /or pump station location in furtherance of North Reading's efforts to improve and enhance its drinking water supply sources. RHC recently became aware that the Town of North Reading is considering several alternative means to improve and enhance that Town's drinking water supply sources. We understand North Reading is currently proceeding with a DEIR review process in support of its efforts. As we understand the current status of this effort, North Reading considers as the most viable and favorable water source alternative, a connection to Reading's water supply system and a pump station on or near Reading's property at the intersection of its border with North Reading and the Ipswich River at the Mill Street bridge. This Reading property, both north and south of the Ipswich River, is the site of Reading's former 1890's waterworks plant, which was located on Reading -owned property south of the Ipswich River. And most significantly, it is also the historic Lob's Pound Mill site; an extremely precious and important archeological landmark as the location of Reading's seventeenth century saw mill and gristmill. The mill straddled the Ipswich River, with a substantial portion located on Reading - owned property north of the River; property that remains owned by the Town of Reading today. This mill enabled the provision of food and building materials to Reading's earliest Page 1 of 2 I C'I settlers, and operated continuously from 1690 through 1892. It was instrumental in originally settling the north end of Reading, and it's an invaluable and treasured historic asset to the RHC and to the Town of Reading. We note that a depiction of the Lob's Pound Mill holds a prominent place on the Reading Town Seal. Years ago, the RHC submitted the Lob's Pound Mill site to the Massachusetts Historical Commission (MHC) for nomination as a significant archeological site under the National Register of Historic Places Inventory Nomination process in accordance with Massachusetts General Laws. The nomination was accepted, and is referenced as #RC.53336. Accordingly, the site is eligible for Archeological Landmark status in accordance with MGL Chapter 9, sections 26 and 27. In addition to the historical significance of this site as referenced above, it also contains many remaining significant archeological features reflecting its important history including original granite foundation blocks and walls, sluiceways and remains of canals, flumes and mill ponds associated with the mill and 1890's waterworks plant. In addition, numerous significant historical records and artifacts associated with the Lob's Pound Mill and waterworks plant remain in the RHC's archives, documenting and preserving the site's significance and wondrous place in the history of Reading, the Commonwealth and New England. Among these records are eighteenth and nineteenth century deeds, wills, maps, mill utilization records, genealogical history records, meeting notes, sketches, drawings and photos. The MHC notes that any consideration of this alternative for a water supply connection to North Reading on this site must have MHC review. For these reasons, it is vitally important that the integrity of this site and its features not be disturbed, adversely impacted, undermined or jeopardized by any activity, including this public works water supply project currently being considered by the towns of Reading and North Reading. We urge you to consider this information and the sanctity and importance of this treasured historic and archaeological site. Please halt any further consideration of this site and its vicinity for this proposed project. Surely, there must be other alternative locations or options, which would not risk or threaten a vulnerable, irreplaceable and priceless historic asset. If you should have any questions or if we can provide any further information or assistance, please do not hesitate to contact us. Thank you for your consideration. Sincerely, �e /�� Q C K Yv9 Carl Mittnight, Chair on behalf of the Reading Historical Commission Page 2 of 2 settlers, and operated continuously from 1690 through 1892. It was instrumental in originally settling the north end of Reading, and it's an invaluable and treasured historic asset to the RHC and to the Town of Reading. We note that a depiction of the Lob's Pound Mill holds a prominent place on the Reading Town Seal. Years ago, the RHC submitted the Lob's Pound Mill site to the Massachusetts Historical Commission (MHC) for nomination as a significant archeological site under the National Register of Historic Places Inventory Nomination process in accordance with Massachusetts General Laws. The nomination was accepted, and is referenced as #RC.53336. Accordingly, the site is eligible for Archeological Landmark status in accordance with MGL Chapter 9, sections 26 and 27. In addition to the historical significance of this site as referenced above, it also contains many remaining significant archeological features reflecting its important history including original granite foundation blocks and walls, sluiceways and remains of canals, flumes and mill ponds associated with the mill and 1890's waterworks plant. In addition, numerous significant historical records and artifacts associated with the Lob's Pound Mill and waterworks plant remain in the RHC's archives, documenting and preserving the site's significance and wondrous place in the history of Reading, the Commonwealth and New England. Among these records are eighteenth and nineteenth century deeds, wills, maps, mill utilization records, genealogical history records, meeting notes, sketches, drawings and photos. The MHC notes that any consideration of this alternative for a water supply connection to North Reading on this site must have MHC review. For these reasons, it is vitally important that the integrity of this site and its features not be disturbed, adversely impacted, undermined or jeopardized by any activity, including this public works water supply project currently being considered by the towns of Reading and North Reading. We urge you to consider this information and the sanctity and importance of this treasured historic and archaeological site. Please halt any further consideration of this site and its vicinity for this proposed project. Surely, there must be other alternative locations or options, which would not risk or threaten a vulnerable, irreplaceable and priceless historic asset. If you should have any questions or if we can provide any further information or assistance, please do not hesitate to contact us. Thank you for your consideration. Sincerely, in( C, (Y f Carl Mittnight, Chair on behalf of the Reading Historical Commission C„ ,� Page 2 of 2 �+I a OSl, men aMr . Wss[X) T K Xyn [ Porno Li '.Mnt f rw <mm SttV1'nic l' 4. k MrsslX)I SCncrary 1, ([U r nnk [h P:,M)[tt 9M'.u", 113 mn SN"N4nr,fhdAw rwamr December 16, 2015 Ann Gentile Reading Historical Commission 16 Lowell Street - - Reading, MA 01867 "> 0 Re: Northern New England Passenger Rail Association MBTA Haverhill Line Improvements Planned Communications Antenna Pole at Reading Station Dear Ms. Gentile We are writing to notify you of the planned installation of a communications antenna pole adjacent to the Reading Station and an existing communication house as part of the Haverhill Line Improvements Project. The Northern New England Passenger Rail Association (NNEPRA), in conjunction with the Massachusetts Bay Transportation Authority and Keolis, are installing a second track for about three miles in Wilmington, Tewksbury, and Andover and reconfiguring Wilmington Junction Interlocking. These improvements are proposed to improve Amtrak Downeaster passenger service between Portland, Maine and Boston and MBTA commuter rail service to Boston. The addition of a second track will result in the removal of an existing communications tower near Wilmington Junction, which will be replaced by two smaller communications antenna poles. One pole will be located at Reading Station, and the other will be located at the Salem Street crossing in Wilmington. The project does not propose any additional tracks in Reading. The communications antenna pole will consist of a wooden utility pole, extending approximately 50 feet above ground, with an antenna (mounted on a 20 -foot- long, 2 -inch wide galvanized steel pole) extending above. As shown on the attached aerial photo and photograph taken from High Street, the proposed communications pole will be located approximately 3 feet north of an existing communications house adjoining the west side of Reading Station. Lincoln Street and High Street abut both sides of the station area and parking. Both sides of Lincoln Street are lined with telephone poles, and the southeast comer of the Reading Station building closely adjoins a telephone pole. According to the Reading Municipal Light Department, the telephone poles in town range in height from 35 to 50 feet, and the poles along Lincoln Street appear to be at the upper range (between 40 to 50 feet in height). Both sides of High Street are lined by smaller light poles. Photographs showing the station in context with existing utility poles and surroundings are enclosed, along with a locus map and plans showing the proposed communications antenna pole. MawxhuSCtIS 8 ly Transportation Authonty Ton Park Plaza. Suit, 3910. Boston, MA 02116 w mhr.)wn) q�' The proposed Haverhill Line Improvements are being reviewed in a National Environmental Policy Act (NEPA) Reexamination and under Section 106 of the National Historic Preservation Act, to supplement the original NEPA review, a Categorical Exclusion, performed as part of the TIGER (Transportation Investment Generating Economic Recovery) Grant application in 2011. As you may know, Reading Station is listed on the National Register of Historic Places. An assessment was performed of the potential visual effects of the proposed communications antenna pole on the historic resource, and the proposed pole is not anticipated to result in effects on the National Register - listed Reading Station. We are writing to request your concurrence with this finding and request your response within 30 days. Should you have any comments or questions please do not hesitate to contact me. My contact information is: Holly Palmgren Environmental Compliance Officer MBTA Suite 6720 10 Park Plaza Boston, MA 02116 email: hDalmdren @mbta.com phone: (617) 222 -1580 Best regards, Hotly Pal re Enclosures: Photographs of Reading Station USGS Locus Maps: Haverhill Line and Reading Station Improvements Plan /Details: Reading Station Typical Communications Antenna Pole Layout cc: Robert W. LeLacheur, Jr., Reading Town Manager q�� View looking north from Lincoln Street at communications house (left of utility pole) at Reading Station 1 3 of station q�l q�5 .< t YET f'N \C; V,c. .n Z • '' .... ACHAAG: r I z ZIW I 1ANG5 ; c Luke 4 a . � A ��,b nnapowitt iJ � e ♦ � B �' y Ci \� '.Wmemu fW� Course ^�s na . IRK ^��fo� . , e OAO 0.5 1 Miles �illw � �t Z; ' .< t YET f'N \C; V,c. .n Z • '' .... ACHAAG: r I z ZIW I 1ANG5 ; c Luke 4 a . � A ��,b nnapowitt iJ � e ♦ � B �' y Ci \� '.Wmemu fW� Course ^�s na . IRK ^��fo� . , e OAO 0.5 1 Miles �illw � �t ¢ R s r } W1 R s r /j 1 \ • 4 I Off• \ 1 i 9 I r TI IF 71 tea° N O � D. C O C C O �+ N d C N O � U L C m i x r1 fly — Daniel Ensminger, Chair Board of Selectmen Town Hall 16 Lowell Street Reading, MA 01867 November 27, 2015 Dear Mr. Ensminger: G. LEE HUMPHREY 42 Cutting Cross Way Wayland, MA 01778 508- 3584540 I am concerned about the number of active gas leaks in Massachusetts and I am contacting cities and towns that have a large number of gas leaks. In March 2015, each utility in Massachusetts filed a report listing the addresses of the active gas leaks along public streets in its territory with the Department of Public Utilities. Using this data, HEET, an energy efficiency nonprofit created maps showing the active gas leaks for every city and town in the Commonwealth. The link to these maps is http://www.heetm&or&Aueaky-leak/mtural-gas-leaks-mal)s . As you can see, Reading has 114 active gas leaks. The oldest of these unrepaired leaks was first reported to Reading's utility in 1991. The utilities are only required to fix the leaks that they consider potentially explosive, so leaks defined by them as non - explosive can stay umepaired for decades. Gas leaks: • Can cause explosions. An explosion in Dorchester in 2014 injured 11 people. • Kill trees by suffocating their roots. As the natural gas percolates up through the soil, it displaces oxygen and dehydrates the soil, asphyxiating nearby plant roots. • Are harmful to human health. Natural gas increases ground -level ozone and reduces the level of oxygen in the air. People with asthma or who have allergies can be affected. • Are 87% methane, a greenhouse gas 80 times more harmful than CO'. To add insult to injury, the utilities do not pay for the gas that is wasted through leaks, but pass the cost on to the customers by factoring it into the price they charge. In Massachusetts, the cost of the gas that is leaked each year is estimated to be $90 million. The cost to Reading is estimated to be $410,400. Several cities and towns, among them Lexington, have passed resolutions in support of two bills that would energize utilities to repair the gas leaks. • Bill H2870, which reduces the amount of wasted gas the utilities can include in their rates. At the end of five years the amount would be zero. • Bill H2871, which requires the utilities to fix all gas leaks while streets me already open for other road projects rather than only fix those leaks that are considered potentially explosive. I urge Reading's Board of Selectmen to pass a resolution supporting H2870 and H2871. This is something that should have been corrected long ago. If you need more information or would like a sample resolution, please contact me. Thank you. G. Lee Humphrey q9 L�� n> i S Brian F. Sullivan 145 Lowell Street Reading, MA 01867 December 31, 2015 Mr. Daniel Ensminger, Chair Board of Selectman Town of Reading 16 Lowell Street Reading,MA 01867 Mr. Ensminger; After careful consideration, I must resign from the Conservation Commission. Recent personal and professional responsibilities have left insufficient time to dedicate to the Commission. I have enjoyed serving on the commission over the last 7 years and I will consider volunteering again in the future should my schedule permit. Thank you for the opportunity to serve our community. With best regards, Brian Sullivan q PROPOSED ALTERNATE METHOD USE OF ALTERNATE INTERNATIONAL SYMBOL OF ACCESS (ISA) ON ACCESSIBLE PARKING SPACE r„ 3Fnu -N �'e9�¢s' throughout the New Bern community where the property owners agree to its use. The new alternate symbol is proposed to be used to mark the pavement of accessible packing spaces along with the use of the standard ISA symbol on the signage at the head of the parking space. Neither the 2012 North Carolina Building Code nor the referenced ANSI A117.1 standard addresses any requirement for marking on the parking space itself so use of the alternate symbol does not present any non -code complying situation. CODE SECTION: 2009 ANSI A117.1502.3 Vehicle Space Marking 2009 ANSI A117.1502.4.4 Marking CODE REOUIREMEnT: 502.3 Vehicle Space Marking. Car and van parking spaces shall be marked to define the width. Where parking spaces are marked with lines, the width measurement of parking spaces and adjacent access aisles shall be made from the centerline of the markings. EXCEPTION: Where parking spaces or accessible aisles are not adjacent to another parking space or accessible aisle, measurements shall be permitted to include the full width of the line defining the parking space or access aisle. 502.4.4 Marking. Access aisles shall be marked so as to discourage parking in them. Where access aisles are marked with lines, the width measurements of access aisles and adjacent parking spaces shall be made from the centerline of the parking spaces. EXCEPTION: Where access aisles or parking spaces are not adjacent to another access aisle or parking space, measurements shall be permitted to include the full width of the line defining the parking space or access aisle. CODE INENT: The intent of ANSI 502.3 is to identify how to define the width of both the accessible parking space and the adjacent access aisle. The language clarifies how to determine the width of adjacent parking spaces or access aisles by extending the measurement of a single space to the centerline of the marking between the spaces. If the accessible space or access aisle is adjacent to a curb or drive, then the width of the single space is measured to the edge of the space or outside edge of the painted line. [See 2009 ANSI Commentary for 502.3.] The 2009 ANSI Commentary for ANSI 502.4.4 clarifies that the access aisle is to remain clear and marked in such a manner as to make it clear that the access aisle is not a parking space. Striping is the most common method of marking the pavement, though it could be some alternative method. Painting the entire q0 PROPOSED ALTERNATE METHOD USE OF ALTERNATE INTERNATIONAL SYMBOL OF ACCESS (ISA) ON ACCESSIBLE PARKING SPACE access aisle is not recommended as a solution as some paint is typically slippery when wet due to the weather. PROPOSAL: Where accessible parking is provided, the proposal is to paint the Alternate Symbol of Accessibility on the accessible parking space over the marking where a vehicle will park. 1. The ASA will be in addition to the use of the identification sign with the International Symbol of Accessibility (ISA) required by the 2012 NCBC Section 1110.1.1 and ANSI A117.1 Section 502.7. 2. The Accessible Icon Projects objective is to enhance and modify the current ISA icon to reflect a moving forward action which promotes increased accessibility for persons with disabilities without significantly changing the ISA standard icon. See the next page for the depiction and description of the new enhanced icon that would be used on existing and /or new designated accessible parking spaces throughout the New Bern community. 3. The use of the Alternate Symbol of Accessibility on the ground will provide a means of identifying the parking space by coordinating with the original ISA in spirit while still allowing the enhanced sense of movement and independence that is intended by the Accessible Icon Project. The Alternate Symbol of Accessibility that is proposed to be painted on the ground is noted below: qua PROPOSED ALTERNATE METHOD USE OF ALTERNATE INTERNATIONAL SYMBOL OF ACCESS (ISA) ON ACCESSIBLE PARKING SPACE JUSTIFICATION: Section 105 of the 2012 North Carolina Administrative and Polices states the following: 105.3. Approval. The provisions of this code are intended to allow the use of any alternate material, design ormethod of construction, provided that the alternative has been approved by the code enforcement official. An alternative material, design or method of construction shall be approved where the code enforcement offcialfinds that the proposed alternative material, design or method of construction complies with the Intent and provisions of the technical codes. The proposal meets or exceeds the intent of the code for the following reasons: 1. Parking spaces will have the code required signage at said parking space per NC General Statutes 20 -37.6 and 136 -30 that already contains the International Symbol of Accessibility. 2. Approval has been obtained from the property owner prior to painting the Alternate Symbol of Accessibility [ASA) on the accessible parking space. 3. The ASA will not replace what is currently required by either the NC Building Code or the referenced standard ANSI A117.1 for identifying the accessible parking space(s). 4. The 2012 North Carolina Building Code does not address any requirement for marking the pavement of the parking space itself so use of the Alternate Symbol of Accessibility on the pavement will exceed minimum code requirements. 5. The 2009 ANSI A117.1 standard does not address any requirement for marking the pavement of the parking space itself so use of the Alternate Symbol of Accessibility will exceed minimum code requirements. APPROVAL: The following signature(s) indicate approval of the above information. 4/4/2013 Laurel W. Wright, Chief Accessibility Code Consultant, NC Dept. of Ins /OSFM Date X13 PROPOSED ALTERNATE METHOD USE OF ALTERNATE INTERNATIONAL SYMBOL OF ACCESS (ISA) ON ACCESSIBLE PARKING SPACE Date Date It 1 December 17, 2015 Reading Contributory Retirement Board 16 Lowell Street Reading, MA 01867 Dear Board Members: pursuant to the terms of the lease between the Town of Reading and the Reading Contributory Retirement Board effective July 1, 2013, the Town is hereby notifying you that there will be no more office space available for the Retirement Administrator at Town Hall after June 30, 2016. This letter should satisfy the 180 day notice that the Town will not be renewing the lease. I am aware that the Board has secured space at another location so this notification is a formality. Sincerely, Robert W. LeLacheur Town Manager 931 Agreement between the Town of Reading and the Reading Contributory Retirement Board The Reading Contributory Retirement Board and their staff are an independent Board and are not part of the Town government of the Town of Reading. The Town of Reading and the Reading Contributory Retirement Board have enjoyed a close working relationship for many years and it is in the mutual interest of both bodies to be located in close proximity to each other to facilitate day to day and ongoing working relationships. Therefore, for a term beginning July 1, 2013 and expiring June 30, 2018, the Reading Contributory Retirement Board (the Board) and the Town of Reading through its Town Manager (the Town), hereby agree that the following shall apply as to the relationship between the Board and the Town for the duration of this agreement, as it may be mutually extended by agreement of both parties. 1. The Board retains the right to set the salary of the Retirement Administrator. The Administrator's salary has to date been split 90% Retirement, 10% Assistant Town Accountant. Beginning July 1, 2013 the Board will pay 100% of the Administrator's salary. 2. Beginning 7 -1 -13 the Board will reimburse the Town for 100% of the Medicare withholding for the Administrator — currentlyl.45% x Salary. 3. If the Administrator chooses to be covered by the Town's Health insurance, the Board will reimburse 100% of the cost of the employer share of the health insurance beginning 7 -1 -13. 4. If the Administrator chooses to be covered by the Town's Life insurance, the Board will reimburse 100% of the cost of the employer share of the Life insurance beginning 7 -1 -13. 5. The Board will reimburse 100% of the cost of coverage related to the Retirement Board Administrator on the Town's Workers Compensation Insurance program, beginning 7 -1 -13. 6. Beginning 7 -1 -13 the Board will reimburse to the Town the cost of rent of the space utilized by the Administrator. The space is approximately 100 square feet and the rent will be $10 per square foot = $1,000 /year. The exact configuration of the Administrator's space is subject to change by the Town at its sole discretion. However, such change will allow the Retirement Board to nullify its agreement to this contract. The cost of the rent shall be increased annually by a factor equal to the Boston - Brockton- Nashua CPI for the prior calendar year, and rent shall be paid annually on July 1. There shall be no separate charge for heat, light, water, sewer, phone, or basic computer operations. The Town will submit invoices to the Retirement Board for the personnel costs listed above related to the Retirement Board Administrator and for the rental of space. As the Fiscal Year 2014 pension assessments have been determined by the Actuarial Valuation and Review as of July 1, 2011, there will be no adjustment made for the estimated pension obligation for the Retirement Board Administrator for fiscal year 2014. The Retirement Board will request that the Actuarial Valuation and Review as of July 1, 2013 break out the Retirement Board Administrator as a cost center for future fiscal year estimates. This cost will be added to the pension assessments of the other cost centers (i.e. Town, Light, and Housing Authority) proportionally. The annual pension obligation will be listed in the Retirement Board operating budget submitted to the Town. This agreement will automatically renew upon its expiration, for subsequent terms of 3 years, unless either party shall give 180 -day notice to the other party that it chooses not to renew the agreement. Notice to the Board shall be through its Chairman. Reading Contributory Retirement Board By �/ ✓v Date: Notice to the Town shall be through the Town Manager. T n of Rea hg e Date: q3a