HomeMy WebLinkAbout2016-04-05 Board of Selectmen Packetmv NN
W. VO 51 w Mon
Responsibility
Start time
313112016
Sexton
6:30
Office our
Certificates
Reading Rockets - Snow Shovelers
7:20
Proclamation
National Telecommunicators Week
Letter of Support for COA
7:25
Recreation Fees - joint meeting with the
Hearing
Recreation Committee
Feudo
7:30
Reading Ice Arena Liason Report
McFadden
7:45
RMLD CAB Member Report
Mancuso
8:00
Housing Authority Report
Whyte
8:15
Amend Traffic Rules and Regulations - Police
Hearing
Station area
Segalla
8:30
Hearing (continued)
Amend Liquor License Policy
Miyares
9:00
01 1— g
7 ,
ell,
Arbor Day
7:25
Proclamation
Approve Inter Municipal Agreement with North
Reading, Saugus & Wilmington for Regional
Housing Services Officer
Delios
7:30
Board of Health update
Delios
7:40
Town Forest Committee Report
Wetzler
8:00
Bancroft Avenue Parking regulations (across
Hearing
from Birch Meadow Tennis Courts)
LeLacheur
8:15
Bylaw Committee - November 2016 Town
Meeting recommended Bylaw changes
Crook
9:00
Review Town Manager Goals
LeLacheur
9:45
2016
. ..... .....
ANY
Ensminger
6:30
Office Hour
Police Officer Badge Pinning - Brian Lewis and
Nick Storelli
Segalla
7:20
Council on Aging update
Procopio
7:30
MAPC Member Report
Sadwick
7:45
RCTV Report
Goldy
8:00
North Reading MWRA project update - joint
meeting with NR Board of Selectmen
LeLacheur
8:15
HOLD for Financial update 7LeLacheur
9:0
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North Reading MWRA project update - joint
North Reading
meeting with North Reading Board of Selectmen
High School
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Climate Advisory Committee Report
Boegel
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7:30
Human Relations Advisory Committee
Snow Dockser
7:50
Trails Committee
Gardiner
8:10
Woburn Street 40B (St. Agnes) update
Delios
8:30
HOLD for Financial update
LeLacheur
9:30
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Office Hour
Halsey
6:30
Appoint Boards & Committees
VASC
7:30
FY17 Non Union Classification & Compensation
Hearing
Plans
LeLacheur
8:00
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Office Hour
Close Warrant for Special Town Meeting 9/12
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Office Hour
Sexton
Preview Warrant for Subsequent Town Meeting
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State,Eiecton September 8, 2016.
Thursday, .";.
Special 'i'ayun Meeting September 12, 201.6
Monday ,
C',^...� -:ti1�
6„ -
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Close Warrant for Subsequent Town Meeting
1;
Close Warrant for Special Election 10/18/16
Vote Warrant Articles for Subsequent Town
Meetine 11/14/16
Close Warrant for Presidential and State
Elections 11/8/16
[ITfiffl-a tim
IOffice Hour (Arena I I I
Board of Selectmen Policies: Article 1 General
Operating Procedures LeLacheur
Board of Selectmen Policies: Article 2 Volunteer
Boards /Committees /Commissions LeLacheur
Board of Selectmen Policies: Article 3 Licenses ILeLacheur
Multi Board /Committee Summit
Reading 2020
Downtown Po
Joint Meeting with RIVILD Commissioners
Strout Avenue Master Plan
Discuss forming Cable Advisory Committee -
cable agreements expire 11/23/18 - 3yr formal
process is allowed Town Counsel
Reports to BOS
Close Warrant: Nov TM by 9/27
Qtrly
Close Warrant: Presidential & State Elections
by 11/1 (Elections are 11/8)
Semi -ann
Review BOS/TM Goals
Mar & Sep
Semi -ann
Review Customer Service survey results
Feb & Aug
Semi -ann
Review Regionalization efforts
as needed
Appointments of BCCs
June
Annual
Approve Classification & Compensation
June
Annual
Appoint Town Counsel
June
Annual
Tax Classification Hearing
October
Annual
Approve licenses
IDecember
Annual
Reports to BOS
Town Accountant Report
Qtrly
RCTV members Report
Semi -ann
CAB (RMLD) member Report
Semi -ann
MAPC member Report
Semi -ann
Reading Housing Authority Report
Annual
Reading Ice Arena Report
Annual
BOS Appointed Boards, Committees &
Commissions
NEW
Annual
From: Robert W. LeLacheur, Jr. CFA
Date: March 31, 2016
RE: BOS Agenda for April 5t"
Kevin Sexton has BOS Office Hours at 6:30pm at Town Hall.
781 - 942 -9043
townmanager @ci.reading.ma.us
www.readingma.gov /town - manager
The Board will begin with a Certificate of Appreciation for some student snow shovelers — we're hoping
they aren't too busy this upcoming weekend; a Proclamation for National Telecom municators (ie
Dispatch) Week; and a letter of support for our Council on Aging.
The Board will hold a Public Hearing of Recreation Field fees, please see a letter in your packet with
further background. While this was mentioned in conjunction with the Birch Meadow project (lighting in
phase I, other changes in phase II at April 2017 Town Meeting), please recall that fees must be set to
cover costs, and that does not include capital costs by state law. Many years ago the surplus in the
Recreation revolving fund that is turned over to Free Cash at year end was indirectly covering wage and
benefit costs of recreation staffing. However that has not been the case for the past five or so years, and
this proposed fee change should close that gap.
A series of updates from the Reading Ice Arena, RMLD Citizen Advisory Board and Housing Authority will
follow.
Chief Segalla will be in as part of a Public Hearing designed to change some parking regulations near the
Police station. While parking in the area has always been a bit tight, in recent months it has become
difficult for shift patrol to park adjacent to the station. Obviously they need immediate access to their
vehicles in case of emergency. The Chief has held a neighborhood meeting in advance, and we have
notified abutters of this Hearing. Please see further information in your packet.
Lastly will be a continued Hearing from your prior meeting, when only three members were present.
Again, Town Counsel will be present to review how to handle a revised paint & sip request. The current
exception for this purpose was created by the previous Town Counsel and may not be adequate to do
the job, so he will have some suggestions. Attached is a copy of your current policy, as well as a memo
from Town Counsel dated February 23, 2016. In reviewing the liquor policies and discussing the issue
with Town Counsel, a comprehensive review of the Board's policies are in order at a future date.
Office of the Town Manager
16 Lowell Street
63g`NCORp�RP
Reading, MA 01867
To:
Board of Selectmen
From: Robert W. LeLacheur, Jr. CFA
Date: March 31, 2016
RE: BOS Agenda for April 5t"
Kevin Sexton has BOS Office Hours at 6:30pm at Town Hall.
781 - 942 -9043
townmanager @ci.reading.ma.us
www.readingma.gov /town - manager
The Board will begin with a Certificate of Appreciation for some student snow shovelers — we're hoping
they aren't too busy this upcoming weekend; a Proclamation for National Telecom municators (ie
Dispatch) Week; and a letter of support for our Council on Aging.
The Board will hold a Public Hearing of Recreation Field fees, please see a letter in your packet with
further background. While this was mentioned in conjunction with the Birch Meadow project (lighting in
phase I, other changes in phase II at April 2017 Town Meeting), please recall that fees must be set to
cover costs, and that does not include capital costs by state law. Many years ago the surplus in the
Recreation revolving fund that is turned over to Free Cash at year end was indirectly covering wage and
benefit costs of recreation staffing. However that has not been the case for the past five or so years, and
this proposed fee change should close that gap.
A series of updates from the Reading Ice Arena, RMLD Citizen Advisory Board and Housing Authority will
follow.
Chief Segalla will be in as part of a Public Hearing designed to change some parking regulations near the
Police station. While parking in the area has always been a bit tight, in recent months it has become
difficult for shift patrol to park adjacent to the station. Obviously they need immediate access to their
vehicles in case of emergency. The Chief has held a neighborhood meeting in advance, and we have
notified abutters of this Hearing. Please see further information in your packet.
Lastly will be a continued Hearing from your prior meeting, when only three members were present.
Again, Town Counsel will be present to review how to handle a revised paint & sip request. The current
exception for this purpose was created by the previous Town Counsel and may not be adequate to do
the job, so he will have some suggestions. Attached is a copy of your current policy, as well as a memo
from Town Counsel dated February 23, 2016. In reviewing the liquor policies and discussing the issue
with Town Counsel, a comprehensive review of the Board's policies are in order at a future date.
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Schena, Paula
From:
Burns, Jane
Sent:
Wednesday, March 23, 2016 11:11 AM
To:
Schena, Paula
Subject:
Snow Shovelers
Paula
The High School Men's Hockey & Lacrosse Team have been shoveling snow for seniors throughout the winter. They
have a list of 27 seniors and have gone out to assist each of them numerous times sometimes later in the evening. The
coach who has organized this is Brian Tobin.
Brian and 5 of the boys will be at the dinner representing the team. I'd appreciate it if the Selectmen could honor them
with a certificate and either Bob or one of them could present it to the boys on April 14 at the Volunteer Dinner.
Thanks
Jane
Jane Burns
Administrator, Elder /Human Services
Town of Reading, MA
16 Lowell Street
(781) 942 -6658
Office hours: Monday - Thursday 9:00 am - 2:00 pm
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April 5, 2016
John Halsey, Chairman
Kevin Sexton, Vice Chairman
Town of Reading Barry Berman, Secretary
John Arena
16 Lowell Street
Daniel Ensmin er
Reading, MA 01867 BOARD OF SELECTMEN
(781) 942 -9043
FAX: (781) 942 -9071
Website: www.readingma.gov
Representative Bradley Jones
State House
Boston, MA 02133
Dear Representative Jones:
The Reading Board of Selectmen asks you to publicly endorse an increase of $1.3million in Line
Item #9110- 9002(Local Aid to COA's) for FYI in House 2. By including this increase in House
2, you would send a clear message of support for our incremental goal to reach $10 /elder /year
during FYI 7.
In Reading the older adult population is expected to increase by 75% in the next decade or so,
easily the fasted growing segment of our community. This modest increase of funding is less
than $5,000 for Reading but we believe the message you send is an important one.
Sincerely,
John Halsey, Chairman
Reading Board of Selectmen
6m,
April 5, 2016
John Halsey, Chairman
Kevin Sexton, Vice Chairman
Town of Reading Barry Berman, Secretary
John Arena
16 Lowell Street
Daniel Ensmn er
Reading, MA 01867 BOARD OF 8 LECTMEN
FAX: (781) 942 -9071
Website: www.readingma -gov
Representative James Dwyer
State House
Boston, MA 02133
Dear Representative Dwyer:
The Reading Board of Selectmen asks you to publicly endorse an increase of $1.3million in Line
Item #9110- 9002(Local Aid to COA's) for FY 17 in House 2. By including this increase in House
2, you would send a clear message of support for our incremental goal to reach $10 /elder /year
during FYI 7.
In Reading the older adult population is expected to increase by 75% in the next decade or so,
easily the fasted growing segment of our community. This modest increase of funding is less
than $5,000 for Reading but we believe the message you send is an important one.
Sincerely,
John Halsey, Chairman
Reading Board of Selectmen
April 5, 2016
Senator Jason Lewis
State House
Boston, MA 02133
Dear Senator Lewis:
John Halsey, Chairman
Kevin Sexton, Vice Chairman
Town of Reading Barry Berman, Secretary
John Arena
16 Lowell Street
Daniel Ensmin er
Reading, MA 01 867 BARD OF SELECTMEN
FAX: (781) 942 -9071
Website: www.readingma.gov
The Reading Board of Selectmen asks you to publicly endorse an increase of $1.3million in Line
Item #9110- 9002(Local Aid to COA's) for FYI in House 2. By including this increase in House
2, you would send a clear message of support for our incremental goal to reach $10 /elder /year
during FYI 7.
In Reading the older adult population is expected to increase by 75% in the next decade or so,
easily the fasted growing segment of our community. This modest increase of funding is less
than $5,000 for Reading but we believe the message you send is an important one.
Sincerely,
John Halsey, Chairman
Reading Board of Selectmen
�cz,3
LEGAL NOTICE
TOWN OF READING
To the Inhabitants of the Town
of Reading:
Please take notice that the
Board of Selectmen of the
Town of Reading will hold a
pGblic hearing, on April 5,
2016 in the Selectmen's
Meeting -Room, 16 Lowell
Street, Reading,
Massachusetts on:
• Amend_ ing Recreation Fees
7:30
nact Article 5.17 of the
Tra - and Parking
Regulate s: 8:30
- Police Ve ' le Parking Only;
•- Designate Po ' e Vehicle
Parking Only on Mi le Street
oh ' thewesterly sid for a
length of 73-.feet be e,n
Union Street and the Pol e
tation Driveway;
1
• En ct Article 5.18 df-tfie "-
Traffic ules and Pafkih
Re ulati nsR.
g granting' fie'
Chief of Po ce authorftj'tb'-
regulate the pa ing anc# lraf =U
fic control in the ff-s�treet
parking lot immediat - tbVi.;
rounding the Reading P%
Department Station t! ._ (i
A copy of the proposed dcrow.':i
ment regarding this topi�Xisn
available in the : - fQ_wp_41
Manager's office, 1;61- o#ejt,1
Street, Reading, MA,- k;Wi'"
Thurs from 7:30 a.m.
P.m., Tues from 7:30. a,.Q�
7:00 p.m. and is attacheggto:-
the hearing notice ogitgjj
website
www.readingma.gov
All interested parties are invit
ed to attend the hearing, or
may submit their commetits,_in
writing or by email pritx -t4
6:00 p.m, on April 5, 2016_to i.
townmanager @ci. reading. ma.
.'
us
By order of
Robert W. LeLacheur
Town Manager Y>:
3.31.16
Public Services Department
Town of Reading
16 Lowell Street
Reading MA 01867
www. readingma. gov
Date: February 29, 2016
To: Bob LeLacheur, Town Manager
From: John Feudo, Community Services Director
Re: 2016 Field Fee Recommendation
p;y:l.'4jCt
t '
JOHN FEUDO
Community Services Director
Phone 781.942.6674
jfeudo @ci. reading. ma. us
Below are the Recreation Committee's recommendations for field fees in 2016. The Board of Selectmen, as Park
Commissioners, needs to review and accept these changes to make them official. The Reading Sports Organizations are
aware of the proposed increases.
These are the main points and highlights:
• Reading Sports Organizations fees were increased by $2 across the board.
• Increases otherwise have been set to better reflect market value in other communities.
• The committee will need to finalize light costs this spring when more information is available regarding use.
• It has been approximately 9 years since the fees have been raised/ changed.
Let me know if you want to discuss further.
Current Field and Facility Fees
Rates based on per field
Casual Users
Stadium Field/T2 @ RMHS
Collins Field at Parker
Reading Based only
$12/ player /season
$12 /player/ season
Reading Resident
$75 /hr
Non- Resident I Reading Resident
$75 /hr $75 /hr
Reading Non-Prof i
$37.501hr
Non- Resident
$75 /hr
Grass Raying Fields
$10 /player/ season
$20 /hr
$20 /hr $10 /hr
$10 /Hr
$20 /hr
Tennis Courts/ reserve -a -game
N/A
$5 /hr
$10 /hr $5 /hr
NA
$10 /hr
Camps or Clinics
Fee Matrix
Fee Matrix
Fee Matrix NA
NA
NA
Basketball Courts
No Reservations
Playgrounds
No Charge - Civic Function Form
Lights
Cost of Use $25 /Hr $50 /hr $25 /Hr $25 /Hr $50 /hr
Recommended Field and Facility Fees
Rates based on per field
Casual Users
Stadium Field/T2 @ RMHS
Collins Field at Parker
Reading Based only
$14/ player /season
$14/ player /season
Reading Resident
$100 /hr
Non- Resident
$150 /hr
Reading Resident
$100 /hour
Reading Non -Profi
$50 /hr
Non- Resident
$150 /hr
Grass Playing Field
$12 /player /season
$30 /hr
$50 /hr
$10 /hour
$10 /hr
$50 /hr
Tennis Courts/ reserve -a -game
N/A
$5 /hr
$10 /hr
$5 /hr
NA
$10 /hr
Camps or Clinics Turf
Rec. program Fee
$500 /day /field
$500 /day /field
I NA
NA
NA
Camps or Clinics Grass
Rec. program Fee
$300 /day /field
$300 /day /field
I NA
NA
NA
Basketball Courts
No Reservations
Playgrounds
No Charge - Civic Function Form
Lights
Cost of Use Market Rates I Market Rates I Market Rates Market Rates Market Rates
Day is defined as 7 hour block
Reading organizations charge by season not by field �,�
LEGAL NOTICE
TOWN OF READING
To the Inhabitants of the Town
of Reading:
Please take notice that the
Board of Selectmen of the
Town of Reading will hold a
public hearing, on April 5,
2016 in the Selectmen's
Meeting -Room, 16 Lowell
Street, Reading,
Massachusetts on:
Aeg ion Fees:
7:3
'1 Enact Article 5.17 of the
Traffic and .Parking
Regulations: 8:30
- Police Vehicle Parking Only-
•. Designate Police Vehicle
Parking Only on Middle Street
oh ' thewesterly side for a
length of 73-.feet between
Union Street and the Police
Station Driveway; "
• Enact Article 5.18 df _tfie`°
Traffic Rules and Paf k1'fi ''v
Regulations .granting tfiie�'
Chief of Police authorftj
Amendment Number: 2016 -02
Date Filed: April 5, 2016
Filed By: Sergeant Christine Amendola
On Behalf of: Parking Traffic Transportation Task Force
Section 1:
Purpose of Amendment - Designated Police Vehicle Parking Only
Section 2:
Proposed Amendment -
Street to be amended: Middle Street
Location on Street: Westerly side for a length 73 feet between Union Street and The
Police Station Driveway
Regulation: Article 12
Pursuant to Article: 5.17
Section 3:
Effective Date:
This act shall take effect upon its passage and the provisions above shall not expire.
Board of Selectmen:
Date Signed:
Certification of Amendment:
The Town Clerk certifies that Amendment Number above was
by the Board of Selectmen of the Town of Reading through an official vote
occurring during a public hearing held on . The Amendment was
through a vote of in favor and opposed.
Town Clerk
Town Corporate Seal
f
Amendment Number: 2016 -01
Date Filed: April 5, 2016
Filed By: Sergeant Christine Amendola
On Behalf of: Parking Traffic Transportation Task Force
Section 1:
Purpose of Amendment - Enact Article 5.17 Police Vehicle Parking Only
Section 2:
Proposed Amendment - No person shall park any vehicle in a designated Police Vehicle
Parking Only on any parts of streets listed to which this Article has been applied as listed
under Article 12.
Section 3:
Effective Date:
This act shall take effect upon its passage and the provisions above shall not expire.
Board of Selectmen:
Date Signed:
Certification of Amendment:
The Town Clerk certifies that Amendment Number above was
by the Board of Selectmen of the Town of Reading through an official vote
occurring during a public hearing held on . The Amendment was
through a vote of in favor and opposed.
Town Clerk
Town Corporate Seal
y�3
Amendment Number: 2016 -03
Date Filed: April 5, 2016
Filed By: Sergeant Christine Amendola
On Behalf of: Parking Traffic Transportation Task Force
Section 1:
Purpose of Amendment - Enact Article 5.18 Police Station Parking Lot
Section 2:
Proposed Amendment - The Board of Selectmen grants the Chief of Police the authority to
regulate the parking and traffic flow in the off - street parking lot immediately surrounding
the Reading Police Department Station House, more specifically located on Assessor Parcel
ID's 022.0- 0000 - 0079.0 and 022.0- 0000 - 0075.0. Such regulations shall be appropriately
signed and subject to periodic review and adjustment by the Town Manager and Board of
Selectmen as needed.
Section 3:
Effective Date:
This act shall take effect upon its passage and the provisions above shall not expire.
Board of Selectmen:
Date Signed:
Certification of Amendment:
The Town Clerk certifies that Amendment Number above was
by the Board of Selectmen of the Town of Reading through an official vote
occurring during a public hearing held on . The Amendment was
through a vote of in favor and opposed.
Town Clerk
Town Corporate Seal
spa
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ANTON ARTHUR C SOCRATES C ANTON BOGAERT WILLIAM T EUGENIA ZANGAS CARTER PAUL E LINDA B CARTER
500 CLARK RD 91 PLEASANT SREET 128 PLEASANT ST
TEWKSBURY, MA 01876 READING, MA 01867 READING, MA 01867
CHESTERTOWN LLC
643 MAIN ST
READING, MA 01867
CORSETTI JOAN
743 MAIN ST UNIT 4
READING, MA 01867
DESNOYERS APRIL L
745 MAIN ST U1
READING, MA 01867
DUBOIS PETER MARGARET R DUBOIS
26 JOHN ST
READING, MA 01867
CHIN LYZA WAYNE CHIN
28 SALEM ST UNIT 6
READING, MA 01867
CROOK STEPHEN L KATHRYN L CROOK
137 PLEASANT STREET
READING, MA 01867
DINJIAN MARK
94 PLEASANT ST
READING, MA 01867
DURHAM ANDREA KARLIN B JESSEN
97 PLEASANT STREET
READING, MA 01867
CONYERS JANICE
28 SALEM ST #7
READING, MA 01867
DEMERRITAYLOR MATTHEW ETAL
129 PLEASANT ST
READING, MA 01867
DONOGHUE KIMBERLYA
22 UNION ST UNIT 2
READING, MA 01867
ELLIS RICHARD
28 UNION ST
READING, MA 01867
FODERA GAETANO MARIA P FODERA
GARRAHAN RAY TRUSTEE THE 28 -2 REALTY
GATTA AARON D CRAIG D GATTA
12 THOMAS DR
TRUST
46 PLEASANT ST
READING, MA 01867
154 HIGHLAND AVE
READING, MA 01867
ARLINGTON, MA 02476
GLEASON STEPHEN J
GOULD JOYCE E
HARRIS G. REALTY TRUST C/ 0 PEOPLE'S
65 HARNDEN ST
17 JOHN ST
UNITED BANK
READING, MA 01867
READING, MA 01867
850 MAIN STREET, 5 -451
BRIDGEPORT, CT 06604
JENKINS KATHARINE M DORIAN M HART
KEENAN MICHAEL P KIMBERLY A KEENAN
KIERNAN JOHN F BEATRICE M KIERNAN
27 JOHN ST
28 SALEM STREET UNIT 4
37 JOHN ST
READING, MA 01867
READING, MA 01867
READING, MA 01867
LARKIN HARRY L ETAL TRS THE LARKIN
FAMILY TRUST
18 UNION ST
READING, MA 01867
LAVOIE WILLIAM F CYNTHIA E LAVOIE
52 PLEASANT ST APT 54
READING, MA 01867
MARINO JAMES S TRUSTEE 75 PLEASANT ST MARTIN SUSANNE E
REALTY TRUST 111 PLEASANT ST
28 SENTRY HILL RD READING, MA 01867
YORK, ME 03909
LODI JOAN CELIA LODI
2 JOHN ST
READING, MA 01867
MORLEY ROBERT CURTIS
5 CHANDLER DR
LONDONDERRY, NH 03053
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NANDI GAUTAM INDRANI SEN PORTER CHARLES A
114A PLEASANT ST 5 JOHN ST
READING, MA 01867 READING, MA 01867
RANALDI MARY GAIL TRUSTEE 37 SALEM ST RAUPP EDWARD R II HANNAH L RAUPP
NOMINEE RLTYTR 104 PLEASANT ST
151 WOBURN ST READING, MA 01867
READING, MA 01867
SFIKAS NICOLAS MARIA G SFIKAS
3 AGATHA WAY
NORTH READING, MA 01864
TOWN OF READING
16 LOWELL ST
READING, MA 01867
THEODORIDIS STEPHEN KATHLEEN
FLAHERTY
22 UNION STREET #3
READING, MA 01867
VIEGAS STEPHEN G SUSAN C VIEGAS
16 JOHN ST
READING, MA 01867
WARREN ER BENJAMIN CAN NA G WARRENER GOVIND VINU BALAKRISHNAN BILSI
TE 6 JOHN ST UNIT 6
33 SALEM ST READING, MA 01867
READING, MA 01867
MCGRIFF READING LLC C/ O WALGREEN CO MCGRIFF READING LLC C/ 0 WALGREEN CO
P0 BOX 1159 PO BOX 1159
DEERFIELD, IL 60015 DEERFIELD, IL 60015
ROUILLARD, DAVID J
743 MAIN STREET UNIT 1
READING, MA 01867
FODERA GAETANO FODERA MARIA P
12 THOMAS DR
READING, MA 01867
PETER C SFIKAS TRUSTEE 93 -95 HARNDEN
STREET REALTY TR
5 GOLDENROD LANE
LYNNFIELD, MA 01940
GADSDEN PROPERTIES LLC
26 COUNTY RD
READING, MA 01867
GRANT CAITLIN R
28 SALEM STREET UNIT 5
READING, MA 01867
POWERS MARILYN A
20 JOHN ST
READING, MA 01867
READING HOUSING AUTHORITY
22 FRANK D TANNER DRIVE
READING, MA 01867
TOWN OF READING SENIOR CENTER
16 LOWELL ST
READING, MA 01867
WOOD SHAUN S MOKWOOD WINNIE
13 MIDDLE ST
READING, MA 01867
MCGRIFF READING LLC C/ 0 WALGREEN CO
P 0 BOX 1159
DEERFIELD, IL 60015
HUNG CHEN ETAL TRUSTEES CHEN
HUNG &YUN HSIAO CHANG LV T
6 CARMEL RD
ANDOVER, MA 01810
COLELLA STEPHEN P SMITH SARAH E
121 -123 PLEASANT ST
READING, MA 01867
PERCY STEVEN W SKEPER CHRISTOPHER D SKEPER RANDI L
76 PLEASANT ST FOSTER
READING, MA 01867 13 JOHN ST
READING, MA 01867
FLAHERTY KATHLEEN E
22 UNION ST U1
READING, MA 01867
MILLS STANLEY)
75B PLEASANT STREET
READING, MA 01867
EVERETT GWENDOLYN (L.E.)
114 PLEASANT ST UNIT B
READING, MA 01867
FOSTER WILLIAM P
33 JOHN ST
READING, MA 01867
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MCDONALD GERARD
14 JOHN ST
READING, MA 01867
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Miyare s and I I arrington LLP A private law firm in the public interest
J. Raymond -Iiyares Jennie M. Merrill
Thomas J. Harrinaton Rebekah Lacey
Christopher 1=1. Heep Ivria Glass Fried
Donna M. Brewer
Erie Reustle
Blake M. Mensina
February 23, 2016
Robert LeLacheur
Town Manager
Town Hall
16 Lowell Street
Reading, MA 01867
Re: Liquor License Policy: General On Premises Licenses.
Dear Bob:
As we have discussed, Judy Barolak has filed an Application with the Town
to operate "The Art Lounge" (TAL) in Reading. TAL would operate in the same space
as the Atlantic Framing Company on Haven Street. In addition to providing
instructional art classes, TAL would serve wine and beer. TAL. does not intend to
provide food to its patrons.
Unlike a Section 12 Restaurant License, a General On- Premises License
allows the license holder to serve alcoholic beverages without offering food to its
customers. See M.G.L. c.138, §12. A General On- Premises License is a type of
Section 12 Pour license and, therefore, counts as a Section 12 license for purposes of
calculating the Town's quota.
The Board of Selectmen's current liquor license policy is silent as to whether
the Board may issue a General On- Premises license. Accordingly, the following
changes may be made to the liquor license. policy to allow for such service:i
1. Section 3.2 —..Liquor License Policy2
In order to add a provision for General On- Premises Licenses, a new section
needs to be incorporated into the Board's Policy. We advise renumbering Section
3.2.7 (violations) as Section 3.2.8 so that General On- Premises Licenses may be
1 Our review is limited to changes to the Board's Policy that would be required in order to
issue a General On- Premises License. We have not reviewed TAL liquor license application.
z The Town may also wish to consider adding another provision for Farmer's Market
Licenses. M.G.L. c.138, §15F.
40 Grove Street • Suite 190 • Wellesley. MA 02482 1 Tel: 617.489.1600 1 Fax: 617.489.1630 1 www.niiyares— harringtotn.coi,
Miyares and Harrington LLP
Robert LeLacheur
February 23, 2016
Page 2 of 3
codified under Section 3.2.7 See a proposed text below). Accordingly, the chart in
Section 3.2 should be replaced with the following:
2. Section 2.3.1.19 — Liquor License Fee
The Town should establish a fee for General On- Premises Licenses.
3. Section 3.2.1.20 — Hours of Operations
The Town should establish hours during which service is permitted for General On-
Premises Licenses. In restricting service hours, the Board is governed by the
following:
Monday through Saturday (M. G.L. c. 138, §12):
11:00 a.m. — 11:00 p.m.: Board cannot limit service of alcoholic beverages.
• 8:00 a.m. — 11:00 a.m. and 11:00 p.m. — 2:00 p.m.: Within the Board's
discretion to permit service of alcoholic beverages.
• 2:00 a.m. — 8:00 a.m.: Service of alcoholic beverages prohibited.
Sunday (M.G.L. c.138; §33):
• 1:00 a.m. — 10:00 a.m.: Service of alcoholic beverages prohibited, unless
the Town adopts: M.G.L. c. 138, §33A, which allows sale of alcohol
between 1:00 a.m. and 2:00 a.m.
• 10:00 a.m. — 1:00 a.m.: Within the Board's discretion to permit service of
alcoholic beverages.4
s I would advise the Board to change "Hours of Operation" to "Hours of Permitted Service."
4 I would hesitate to limit sale before 11:00 p.m. without finding that such limitation serves
the public need and common good.
Retail Package
X
X
Goods Store
License...
Restaurant
X
X
X
X
License...
Restaurant
X
X
X
X
License... (less than
100 seats
Club License...
X
X
X
Special License
X
General On-
X
X
X
Premises Licenses
2. Section 2.3.1.19 — Liquor License Fee
The Town should establish a fee for General On- Premises Licenses.
3. Section 3.2.1.20 — Hours of Operations
The Town should establish hours during which service is permitted for General On-
Premises Licenses. In restricting service hours, the Board is governed by the
following:
Monday through Saturday (M. G.L. c. 138, §12):
11:00 a.m. — 11:00 p.m.: Board cannot limit service of alcoholic beverages.
• 8:00 a.m. — 11:00 a.m. and 11:00 p.m. — 2:00 p.m.: Within the Board's
discretion to permit service of alcoholic beverages.
• 2:00 a.m. — 8:00 a.m.: Service of alcoholic beverages prohibited.
Sunday (M.G.L. c.138; §33):
• 1:00 a.m. — 10:00 a.m.: Service of alcoholic beverages prohibited, unless
the Town adopts: M.G.L. c. 138, §33A, which allows sale of alcohol
between 1:00 a.m. and 2:00 a.m.
• 10:00 a.m. — 1:00 a.m.: Within the Board's discretion to permit service of
alcoholic beverages.4
s I would advise the Board to change "Hours of Operation" to "Hours of Permitted Service."
4 I would hesitate to limit sale before 11:00 p.m. without finding that such limitation serves
the public need and common good.
Miyares and Farrington LLP
Robert LeLacheur
February 23, 2016
Page 3 of 3
3. Remove Section 3.2.4.5
Currently, Section 3.2.4.5 provides that commercial establishments may hold
a Wine and Malt Beverage license to serve customers who are engaged in taking
instructional classes."' We recommend deleting this provision. Significantly, Section
3.2.4.5 allows only for the issuance of a Section 12 Restaurant license to such
establishments. Thus, the "commercial establishment" would nonetheless be
required to obtain a common victualler's license and to serve food.
4. New Section 3.2.7 — General On- Premises Licenses
The following may be incorporated into the Policy to permit the issuance of
General On- Premises Licenses:
Section 3.2.7 — Requirements for General On- Premises Licenses
The Board may issue a General On- Premises License to an establishment
within the Town. Such establishment is not required to obtain a common
victualler's license. All General On- Premises Licensees shall comply with
Section 3.2.2 of this Policy, except for Sections 3.2.2.2, 3.2.2.8 and 3.2.2.9. The
Board, in its discretion, may impose additional requirements to protect public
health.
Section 3.2.7.1 Commercial Establishments
For commercial establishments that provide instructional classes, alcohol
service shall be restricted to classes that are not more than three hours in
duration. Only class members shall be allowed to purchase alcohol.
5. Renumber Section 3.2.7 to Section 3.2.8
As discussed above, Section 3.2.7 should be renumbered as Section 3.2.8.
Please let me know if you have any additional questions.
Sincerely,
c,
a. R mond Miyares
5 Section 3.2.4.5 does not appear on the online version of the Board's Policy.
-5 e/--3
Liquor License Quotas 2016
• The Town is allowed 25 On- Premises Licenses
• We have issued 15 of which 14 are All Alcohol and 1 is Beer and Wine
• Leaves a total of 10 available
• This quota is increased by 1 with every population unit of 10,000 over
25,000 as indicated below
Local Licensing Authority
ALCOHOLIC BEVERAGES LICENSE GENERAL INFORMAMON
Alcoholic beverages retail licenses are distinguished by where a patron may consume the beverages
purchased, i.e. off the premises or the on premises. Off- premises licenses include package stores,
convenience stores and supermarkets. There are 5 types of on- premises alcoholic beverages licenses:
restaurants, clubs (or veterans club); hotels, taverns, and general on premises.
Retail alcoholic beverages licenses fall into five categories: all alcoholic beverages licenses, wine and malt
beverages licenses, wine beverages licenses, malt beverage licenses, and wine and malt with cordials and liqueurs
beverages licenses. These licenses may be issued seasonally or annually.
Licensing Procedure Quota System '!""'Fire Safety Cert. fi Transportation Delivery Permit l Pouring Permits
Quota System
The Massachusetts Liquor Control Act places a quota or limit on the number of alcoholic beverages licenses a city or town can
issue. The quota is based on the population of the community as determined by the most recent federal census.
On- Premises License (M.G.L. c. 138, §12)
Each city or town may grant one on- premises all alcoholic license for each unit of 1,000 persons (or fraction
thereof) with a minimum of 14. An additional all- alcoholic beverages license may be granted for each population
unit of 10,000 (or fraction thereof) over the first 25,000. One wine and malt license may be granted for each unit
of 5,000 persons (or fraction thereof) with a minimum of 5.
Veteran's Club License
The local licensing authority may grant an.all- alcoholic beverages license, outside the quota system, subject to
ABCC approval, to any corporation whose members are war veterans which owns, hires or leases a building, or
space in a building, for the use and accommodation of a post of any war veterans' organization incorporated by the
Congress of the United States, to sell to members of that post only, and, subject to local licensing authorities, to
guests introduced by such members and to no others.
Off- Premises (M.G.L. c. 138. !315)
Each city or town may issue one off - premises (Section 15) all- alcoholic beverages license for each unit of 5,000
persons (or fraction thereof) with a minimum of 2. One wine and malt Ilcense may be granted for each unit of
5,000 persons (or fraction thereof) with a minimum of S.
3.1.5 — editions on Licenses
The own may place reasonable conditions on the issuance of any li nse issued
pursuant to th e policies to provide for public safety, health, welfare and t promotion of
public order.
3.1.6 - Delegation to a Town Manager the Authority to issu
The Board of Slkect men may, annually, delegate to the
issue and renew any or a licenses covered by this policy, ex(
renewal of liquor licenses. Xnfified n the Board of Selectmen ch
Board of Selectmen will be of the granting anregular meeting following ance or renewal.
WK Manager the authority to
for the issuance and annual
to delegate this authority, the
of such licenses at their next
Prior to approving a rXt Town M ager will make certain that all conditions of
the license have been met, ather a ropriate measures are complied with to ensure
that the licensee is in complia by ws, rules, regulations and practices of the Town of
Reading.
If an issue has been r Bo rd of Selectmen regarding the issuance or renewal
of a license, the Town Mana issu or renew the license but it shall be referred back
to the Board of Selectmen for and ac 'on.
.7.1• / — IJUJ U"a1V11 1�1 la llla.0 aav —
The Town y suspend, modify or revoke a license issued under these policies for
failure to meet a of the requirements of these policies, or failure to meet any conditions placed
on the licens . The licensee is entitled to due process a rovided by law, which may include
written gotice of any violation and a hearing.
Adop 10- 27 -86, Revised 12- 13 -94, Revised 12 -5 -95, Revised S- k-04
Section 3.2 — Liquor License Policy
This policy shall apply to all premises licensed for the sale and /or consumption of
alcoholic beverages and the issuance of all Special Licenses by the Licensing Authority (Board
of Selectmen) pursuant to its authority as the Licensing Authority of the Town of Reading as
determined by the Reading Home Rule Charter, Town of Reading Bylaws, and the laws, rules
and regulations of the Commonwealth of Massachusetts.
The following chart indicates which portion of these regulations applies to which type of
license:
Category
3.2.1
3.2:2
3.2.3
3.2.4
3.2.5
3.2.6
3.2.7
Retail Package Goods Store License
for All Kinds of Alcoholic Beverages
X
X
not to be Drunk on the Premises
Restaurant License to Expose, Keep
for Sale, and to Sell All Kinds of
X
X
X
X
Alcoholic Beverages to be Drunk
on the Premises
3 -2
Board of Selectmen Policies
Restaurant License to Expose, Keep
for Sale, and to Sell Wine and
X
X
X
X
Malt Beverages to be Drunk on
the Premises less than 100 seats
Club License to Expose, Keep
for Sale, and to Sell All Kinds
X
X
X
of Alcoholic Beverages to be
Drunk on the Premises
Special Licenses
X
Amendments - Changes to this policy may be made by majority vote of the Board of
Selectmen and shall be discussed at a public meeting. Notice of any change in policy shall be
made to all licensees in a timely manner.
3.2.1 — General Requirements for All Licensed Establishments
3.2.1.1— Plan Required
A plan of the building and a detailed floor plan of the licensed premises including the
capacity of a restaurant and parking facilities shall be on file with the Licensing Authority. No
alterations shall be permitted to the premises without approval in advance from the Licensing
Authority.
3.2.1.2 — Deliveries
Deliveries to licensed establishments shall be made only during business hours and shall
be made in a manner so as not to disrupt neighbors or interfere with traffic or parking.
3.2.1.3 — Inspection
The licensed premises shall be subject to inspection by the Police, the Licensing
Authority, and other duly authorized agents of the Licensing Authority. Any hindrance or delay
of such inspection caused by an employee of the licensee shall be cause for action against the
license.
3.2.1.4 — Advertisements
No advertising matter, screen, curtain or other obstruction, which prevents a clear view of
the interior of the premises, shall be maintained in or on any window or door.
3.2.1.5 — Automatic Amusement Devices
No establishment licensed for the on- premises or off - premises sale or consumption of
alcohol shall permit the use of any automatic amusement device or electronic game as defined by
M.G.L. Chapter 140, Section 177A unless specifically licensed to do so by the Board of
Selectmen.
3.2.1.6 — Duty to Perform
An applicant for a license to sell liquor on or off premises shall within 45 days of the
issuance of such license commence construction of the licensed premises which shall be fully
operational within 120 days of the issuance of such license, unless otherwise approved by the
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Licensing Authority. Thereafter, the licensee will continuously operate the premises in
accordance with the terms and conditions of the license. The closing of the licensed
establishment for seven consecutive calendar days or for more than 20 regular business calendar
days during a calendar year shall be deemed to be abandonment of the license and sufficient
grounds for revocation, unless prior approval is granted by the Licensing Authority. Such
revocation shall only be done following a public hearing. Upon application by the licensee, the
Licensing Authority may waive this abandonment provision in the event of major renovation,
destruction by fire or flood or other similar circumstance.
3.2.1.7 - Establishment of Written Policies
Licensees shall establish written policies regarding the sale or service of alcoholic
beverages based upon the requirements of the regulations of the Alcoholic Beverages Control
Commission, these regulations, and any other conditions placed on the license.
3.2.1.8 - Alcohol Policy for Staff While Serving
No Manager, Alternate Manager or employee shall consume any alcoholic beverages
while on duty.
No Manager, Alternate Manager or employee shall consume any alcoholic beverages on
the premises after the official closing hour per MGL, Chapter 138, Section 12. and Section 15.
3.2.1.9 - Alcohol Management or Server Training
Licensees, Managers and principal representatives of licensed establishments are required
to successfully complete an alcohol management or server training course (depending on the
type of license) approved by the Liquor Liability Joint Underwriting Association of
Massachusetts at the time of issuance of the license.
Servers of alcoholic beverages shall be required to successfully complete a server training
course approved by the Hospitality Mutual Insurance Company (or any training course reviewed
by and approved by the Licensing Authority) within. three (3) months of becoming employed in a
position where they are serving alcohol to customers. There must be a certified employee on the
premises at all times.
All persons required to successfully complete an alcohol management or server training
course must be successfully retrained prior to the end of the certification period. The licensee
shall certify annually to the Licensing Authority at the time of renewal of the license that the
licensee, Manager, and all employees meet this requirement. Certificates shall be kept on file and
available for inspection upon request
3.2.1.10 - Liquor Liability Insurance Requirement
Licensees are required to have, or otherwise provide, liquor liability insurance in the
minimum amount determined from time to time by the Licensing Authority. This requirement is
applicable regardless of whether the licensee rents, or otherwise provides the licensed premises
to a third party. Limited exceptions to this requirement may be granted by the Licensing
Authority for reasons of hardship or upon adequate proof of inability to obtain the required
insurance. There is no right to an exception, and the Licensing Authority is not required to grant
3 - 4 Board of Selectmen Policies
S��
such an exception. Licensees shall provide the Board of Selectmen with a copy of the Certificate
of Insurance upon the issuance or renewal of a license.
3.2.1.11 — Staffing
Licensees shall maintain an adequate ratio of staff to patrons in order to properly monitor
beverage sales and consumption.
3.2.1.12 - Supervision — Presence
The licensee, a Manager or principal representative of the licensee shall be present in the
licensed premises at all times during which alcoholic beverages are being sold pursuant to the
license, and shall be available to the licensing authorities and its agents during all such times
unless some other person, similarly qualified, authorized and satisfactory to the Licensing
Authority, and of whose authority to act in place of such Manager or principal representative
shall first have been approved by the Licensing Authority in the manner aforesaid is present in
the premises, and is acting in the place of such Manager or principal representative.
3.2.1.13 — Duty to Keep Order
No licensee for sale of alcoholic beverages shall permit any disorder, disturbance or
illegality of any kind to take place in or on the licensed premises. The licensee shall be
responsible therefore whether present or not. There shall be no indecent or immoral
entertainment on the licensed premises.
3.2.1.14 — Proof of Age
The Licensee, Manager, principal representative, bartender and waitress /waiter shall
refuse to serve any patron under the age of twenty -one (21). When in doubt of age, they shall
require the showing of an identification card or license in accordance with Chapter 138, Section
34B of the General Laws.
3.2.1.15 — Minimum Age of Employee or Server
No employee of any licensed establishment who is serving, clearing or otherwise
handling alcoholic beverages shall be under the age of 18..
3.2.1.16 — Prohibition of Bringing Alcoholic Beverages onto the Premises
There shall be no alcoholic beverages brought onto the premises of a licensed
establishment except for deliveries for the operation of the business as controlled by the laws,
rules and regulations of the Commonwealth of Massachusetts.
3.2.1.17 - Information Regarding the Alleged Service of Alcohol Prior to Violation for
Driving Under the Influence of Intoxicating Liquors
Upon the receipt of a letter from the Office of the Attorney General or the Middlesex
District Attorney's Office pursuant to G.L. c. 90, Sec. 24J or any other statute, or any other
notice regarding the alleged service or sale of alcohol to an individual who is subsequently
convicted or pleads guilty to a violation of driving under the influence of intoxicating liquors, or
enters a disposition under Section 24D of Chapter 90, the Licensing Authority:
♦ Shall forward a copy of the letter to the licensee cited, along with a copy of these rules
and regulations.
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6- 87
♦ May request that the licensee appear before the Licensing Authority to respond to the
allegation.
Upon the receipt of two or more letters in a two -year period, the licensee shall be required to
appear before the Licensing Authority to respond to the allegations.
Any disciplinary action taken by the Licensing Authority shall be taken in accordance with
the provisions of the Reading Liquor Policy, the Massachusetts General Laws, and Rules and
Regulations of the Alcoholic Beverages Control Commission. Neither a letter from the Office of
the Attorney General or the Middlesex District Attorney's Office, nor the original letter from the
court to these law enforcement agencies shall, by itself, constitute sufficient evidence so as to
allow for a finding that a licensee has committed a violation.
3.2.1.18 — Duty to Report an Attempt to Purchase by a Minor
The licensee shall be required to report to the Reading Police Department any time a
person attempts to purchase alcohol while being underage, or attempts to use an altered or forged
identification for the purpose of purchasing alcohol. Furthermore, the licensee shall immediately
report to the Reading Police Department any time they suspect an adult is purchasing alcohol for
a minor. These infractions must be reported even when the incident takes place off premises,
such as for home deliveries.
Licensees shall make all reasonable and diligent efforts to report any illegality on the
licensed premises.
3.2.1.19 — Liquor License Fees
The following fees are established for each calendar year for the categories of license
available in the Town of Reading:
Cateizory
Fee
Retail Package Goods Store License for
$2500
All Kinds of Alcoholic Beverages not to
be Drunk on the Premises
Restaurant License to Expose, Keep for
$3700
Sale, and to Sell All Kinds of Alcoholic
Beverages to be Drunk on the Premises
Restaurant License to Expose, Keep for
$2700
Sale, and to Sell Wine and Malt Beverages
to be Drunk on the Premises
Club License to Expose, Keep for Sale, and
$1300
to Sell All Kinds of Alcoholic Beverages to
be Drunk on the Premises
3.2.1.20 — Hours of Operation
The following shall be the hours of operation for premises licensed for sale and/or service
of alcoholic beverages by the Town of Reading:
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Category
Hours of Operation
Exceptions
Retail Package Goods Store
8:00 a.m. to 11:00 p.m., except 8:00
See Sunday Sales in
License for All Kinds of
a.m. to 11:30 p.m. the day before a
Section 3.2.1.21 below
Alcoholic Beverages not to be
holiday
Drunk on the Premises
Restaurant License to Expose,
11:00 a.m. to 12:00 midnight
Keep for Sale, and to Sell All
Monday through Saturday, and
Kinds of Alcoholic Beverages to
12:00 noon to 12:00 midnight on
be Drunk on the Premises
Sundays
Restaurant License to Expose,
11:00 a.m. to 12:00 midnight
Keep for Sale, and to Sell Wine
Monday through Saturday, and
and Malt Beverages to be Drunk
12:00 noon to 12:00 midnight on
on the Premises (less than 100
Sundays
seats
Club License to Expose, Keep for
8:00 a.m. to 2:00 a.m. except on
Sale, and to Sell All Kinds of
Sundays and legal holidays when the
Alcoholic Beverages to be Drunk
hours are 12:00 noon to 1:00 a.m.
on the Premises
3.2.1.21— Sunday Sales for Package Stores
Sunday sales for Package Stores are permitted, pursuant to M.G.L. c. 138, §15, subject to
the following conditions:
♦ No sales may be made prior to noon on Sunday;
♦ No sales may be made after 11:00 p.m. on Sunday, except that no sales may be made
after 11:30 p.m. on a Sunday that immediately precedes a legal holiday;
♦ Employees must be paid for working on Sunday at a rate not less than 1' /2 of the
employees' regular rate;
♦ No employee may be required to work on a Sunday; refusal to work on a Sunday is not
grounds for discrimination, dismissal, discharge, deduction of hours or any other
penalty;
♦ If a Section 15 licensee intends to close one day per week except Sundays, such licensee
must notify the Licensing Authority of such licensee's intended hours of operation.
3.2.1.22 — Breech of Policy or Conditions
For breach of any of the requirements, restrictions or conditions of this policy of license,
the Licensing Authority reserves the power and right to modify, suspend, revoke or cancel the
license in accordance with the law.
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3.2.2 — Requirements for All:
♦ Restaurant License to Expose, Keep for Sale, and to Sell All Kinds of Alcoholic
Beverages to be Drunk on the Premises
♦ Restaurant License to Expose, Keep for Sale, and to Sell Wine and Malt Beverages to
be Drunk on the Premises (less than 100 seats)
All licensees for the service of alcohol, whether the holder of
♦ Restaurant License - All Kinds of Alcoholic Beverages
♦ Restaurant License - Wine and Malt Beverages (less than 100 seats)
shall, in addition to Section 3.2.1 of this policy, adhere to the following policies:
3.2.2.1— Advertisement
No premises shall be licensed that contain any advertisement or sign upon which appears
the brand name of any product sold in the establishment including wine or beer, except that signs
or advertisements inside of the premises that cannot be seen from the exterior of the premises are
permitted
3.2.2.2 — Requirements for Service of Food and Drink
In licensed premises, all food and drink service shall conform to the following:
♦ Food shall be served on china, pottery or other solid dinnerware and shall use metal
silverware. No plastic or paper dinnerware or silverware is permitted.
♦ An establishment that has a separate and distinct take -out area may be licensed for the sale of
beer and wine on the premises.
♦ Alcohol must be served in glass or pottery containers only. No paper, plastic or other
containers will be used for service. Pitchers or carafes of beer or wine with a capacity of 750
ml or less will be permitted.
3.2.2.3 — Toilet Facilities Required
No premises shall be licensed unless toilet facilities meeting all requirements of the
current edition of the State Building Code and State Sanitary Code are available to the customers
of the license premises.
3.2.2.4 - List of Alternative Transportation
Licensees shall maintain a written list of the telephone numbers of local taxicab
companies next to the public telephone. If there is no public telephone, the list should be
available for patrons when requested.
3.2.2.5 - Orderly Closing
Licensees shall ensure that patrons leave the premises in an orderly manner within the
time limits established below
• There shall be no sale of alcoholic beverages or food after the closing hour
established in the table in Section 3.2.1.20. Sale shall be defined as delivery of
alcoholic beverages or food to the customer.
3 -8 Board of Selectmen Policies
• All tables and service locations shall be cleared of alcoholic beverages within 'h hour
after the closing hour as established in the table in Section 3.2.1.20.
• All customers shall be off the premises within 1 hour of the closing time as
established in Section 3.2.1.20.
3.2.2.6 — Prohibition of taking Alcoholic Beverages from the Premises - Exceptions
There shall be no alcoholic beverages taken from the premises of an establishment
licensed under M.G.L. c.138, §12 except for deliveries for the operation of the business as
controlled by the laws, rules and regulations of the Commonwealth of Massachusetts, and with
the exception of partially consumed bottles of wine which are purchased with a meal and
resealed in accordance with 204 CMR 2.18 of the Regulations of the Alcoholic Beverages
Control Commission.
3.2.2.7 — Refusal of Service
The Manager of any premises licensed under this policy shall refuse to serve any patron
who is approaching a condition of "Under the Influence."
3.2.2.8 — Service of Alcoholic Beverages Limited to Hours that Food Services is Provided
The hours during which sales of alcoholic beverages may be made in a licensed premise
is further limited to the times when a full menu of food service is available. No alcoholic
beverages may be sold or served in a licensed premise before food service is available, nor after
the food service has been suspended.
3.2.2.9 - Service Bar
In the event that an area is designed as a "service bar," which is distinct from what is
commonly referred to as a "bar," no liquor is to be served directly to the public at such service
bar, and no stools or chairs are to be placed at said service bar.
3.2.3 — Requirements for All: Restaurant License to Expose, Keep for Sale, and to Sell All
Kinds of Alcoholic Beverages to be Drunk on the Premises
All Restaurants licensed for the service of "All Kinds of Alcoholic Beverages" shall
adhere to the following policies in addition to the provisions of Sections 3.3.1 and 3.3.2 of this
policy:
3.2.3.1 - Minimum Seating Requirement
A Home Rule petition by the Town of Reading, approved by the General Court of the
Commonwealth of Massachusetts authorized the Town of Reading to. allow for All Alcoholic
service in restaurants with fewer than 100 seats. This legislative action was confirmed by the
voters of the Town in the Election of April 7, 2009. At its sole discretion, the Licensing
Authority may allow all alcoholic service to any or all restaurants with less than 100 seats. No
more than 15% of the seats shall be at a bar.
3 - 9 Board of Selectmen Policies
3.2.4 — Requirements for:
Restaurant License to Expose, Keep for Sale, and to Sell Wine
and Malt Beverages to be Drunk on the Premises (less than 100 seats)
All Restaurants Licensed to Expose, Keep for Sale, and to Sell Wine and Malt Beverages
to be Drunk on the Premises (less than 100, seats) shall adhere to the following policies in
addition to the provisions of Sections 3.2.1 and 3.2.2 of this policy:
3.2.4.1 — Purpose and Intent
A Home Rule petition by the Town of Reading, approved by the General Court of the
Commonwealth of Massachusetts authorized the Town of Reading to issue a limited number
(currently 5) of Beer and Wine licenses to restaurant establishments with fewer than 100 seats.
This legislative action was confirmed by the voters of the Town in the Election of March 24,
1998. This policy is established pursuant to that vote.
The intent of this policy is to encourage the development and retention of smaller
specialty restaurants in the Downtown area of Reading in order to enhance the economic vitality
of the Downtown area. It is recognized that the serving of beer and wine in a restaurant is part of
the customers' dining experience.
3.2.4.2 — Maximum Seats
A restaurant holding a "Wine and Malt Beverage" license shall have seating for less than
100 customers. All seats shall be at tables -- there shall be no seating at a bar.
3.2.4.3 — Service Bar
Only a service bar is permitted. Its function is to serve to restaurant employees who
serve the customers and can be used to serve drinks to those customers waiting to dine. There
will be no seats at this bar.
3.2.4.4 - Seating Requirement
There shall be no service of alcohol to anyone unless they are seated at a table.
3.2.4.5 Commercial Establishments
The Board of Selectmen may issue a "Wine and Malt Beverage" license to a commercial
establishment to serve customers who are engaged in taking instructional classes as part of the
business of the establishment. Such sales shall be restricted to classes that are not more than
three hours in duration. Only class members shall be allowed to purchase wine or malt
beverages. The commercial establishment must provide food, from a menu approved by the
Board of Selectmen or designee, in conjunction with the service of wine and malt beverages.
The Selectmen may also impose additional conditions upon any such license.
3.2.5 — Reauirements for Club License to Expose. Keep for Sale, and to Sell _All _Kinds of
Alcoholic Beverages to be Drunk on the Premises
All Clubs licensed for the service of "All kinds of Alcoholic Beverages to be Drunk on
the Premises" shall adhere to the following policies in addition to the provisions of Section 3.2.1
of this policy:
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3.2.5.1 - Minimum Seating Requirement
There shall be no minimum seating for a club license. No more than 15% of the seats
shall be at a bar.
3.2.5.2 — Advertisements
No premises shall be licensed that contain any advertisement or sign upon which appears
the brand name of any product sold in_ the establishment including wine or beer, except that signs
or advertisements inside of the premises that cannot be seen from the exterior of the premises are
permitted.
3.2.5.3 — Requirements for Service of Food and Drink
In licensed premises, all food and drink service shall conform to the following:
♦ There is no requirement for service of food in clubs.
♦ Plastic glasses are permitted. Service will be by the glass or bottle, or glass or pottery
pitchers or carafes of beer or wine with a capacity of 750 ml or less will be permitted.
3.2.5.4 — Toilet Facilities Required
No premises shall be licensed unless toilet facilities meeting all requirements of the
current edition of the State Building Code and State Sanitary Code are available to the customers
of the license premises.
3.2.5:5 - List of Alternative Transportation
Licensees shall maintain a written list of the telephone numbers of local taxicab
companies next to the public telephone. If there is no public telephone, the list should be
available for patrons when requested.
3.2.5.6 - Orderly Closing
Licensees shall ensure that patrons leave the premises in an orderly manner within the
time limits established below
• There shall be no sale of alcoholic beverages or food after the closing hour
established in section 3.2.1.20. Sale shall be defined as delivery of alcoholic
beverages or food to the customer.
• All tables and service locations shall be cleared of alcoholic beverages not later than
30 minutes after the closing hour established in Section 3.2.1.20.
• All customers shall be off the premises not later than one hour after the closing hour
established in Section 3.2.1.20.
3.2.5.7 — Prohibition of taking Alcoholic Beverages from the Premises
There shall be no alcoholic beverages taken from the premises of a licensed
establishment.
3.2.5.8 — Refusal of Service
The Manager of any premises licensed under this policy shall refuse to serve any patron
who is approaching a condition of "Under the Influence."
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3.2.5.9 - Service Bar
In the event that an area is designed as a "service bar," which is distinct from what is
commonly referred to as a "bar," no liquor is to be served to the public at such service bar, and
no stools or chairs are to be placed at said service bar.
3.2.6 — Reauirements for Special Licenses under Section 14
3.2.6.1
Special liquor licenses may be issued by the Town for commercial establishments or for
non - profit organizations.
3.2.6.2
Holders of special licenses shall provide the liquor to the attendees of any event -- "bring
your own liquor (or beer or wine)" will not be permitted. The license holder is required to
comply with 204 CMR 4.00 (the prohibited practices requirements). License holders must
purchase their alcohol from a licensed Massachusetts wholesaler, in compliance with M.G.L.
Chapter 138, Section 14. Alcohol may not be purchased out of state, from a caterer, or from a
Section 15 package store. The Town will provide to licensees a list of licensed Massachusetts
wholesalers, or the method by which a licensee may obtain such a list.
3.2.6.3
Holders of special licenses shall provide a bartender and /or servers who are trained and
authorized to make decisions regarding continued service of alcoholic beverages to attendees
(reference 3.2.1.9). There shall be no self service of any alcoholic beverage at an event approved
as a special license.
3.2.6.4
Applicants for special licenses shall provide proof of insurance to the Licensing
Authority with the application for the one day license.
3.2.6.5 — Limitations
A person or entity may only be issued a maximum of 30 Special Licenses in any calendar
year.
3.2.6.6 - Exceptions:
In the case of events held by private residents, outside of their private residence, the
Licensing Authority shall not require a special license where: (1) the event is by invitation only,
(2) money is not exchanged for alcohol, (3) tickets are not sold, (4) a donation is not required or
solicited, or (5) an entrance fee is not charged.
3.2.7 — Enforcement
3.2.7.1
Licensees violating applicable laws of the Commonwealth of Massachusetts, rules or
regulations of the Alcoholic Beverage Control Commission, and /or of the Town of Reading
Liquor Policies shall be subject to the following range of penalties:
3-12 Board of Selectmen Policies
S 64
The term "Offense" is defined as one violation of Massachusetts General Law, Chapter
138, and /or one violation of the Massachusetts Alcoholic Beverage Control Commission Rules
and Regulations 204CMR, and /or Town of Reading local licensing regulations and any other law
or regulation of the Town of Reading.
Examples of criteria to invoke penalties are based on the following:
• Severity and type of offense
• Number of prior offenses
The penalties are only a guide. The Licensing Authority may use its discretion in
determining whether the facts surrounding a violation warrant a penalty which is more lenient or
severe than that suggested by the guidelines.
The penalties shall not be construed as to limit the Licensing Authority's ability to
consider alternative dispositions or further conditions on a license, or even alternative penalties
(e.g. rolling back of the licensees operating hours, suspension of the licensee's Common
Victualers license, and /or suspending the licensee's entertainment license.)
3.2.7.2 - Access to Premises by Police and Agents
It shall be the responsibility of the licensee to ensure that procedures are in place, by
posting a doorman or otherwise, to allow Police and authorized agents of the licensing Authority
immediate entrance into the premises at any time employees are on the premises. Any delay in
providing such access shall be cause for action against the license.
3.2.7.3 - Posting of Notice
Whenever the Licensing Authority warns a licensee or suspends the license or licenses of
any licensee, the Licensing Authority shall provide the licensee with a sign containing the words
"Closed by order of the Licensing Authority for the Town of Reading," or "warning issued by
the Licensing Authority of the Town of Reading" and .stating the reason for the warning or
suspension. This sign shall be attached by the licensee on the inside of a window in a location
designated by the Licensing Authority which location shall be visible from the outside of the
licensed premises in a conspicuous place during the entire period of such warning or suspension.
3.2.7.4 - Agents of the Licensing Authority
The Licensing Authority hereby appoints the Chief of Police and the Police Department
Lieutenants and Sergeants as agents of the Licensing Authority to insure that the policies of the
Licensing Authority and the Massachusetts State Laws regarding Alcoholic Beverage Licensing
are adhered to by all licensees.
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Offense
Penalty
1St
Offense
Warning to three days suspension
2"
d Offense
Three days to six days suspension
3`
Offense
Six days to 12 days suspension
4t
Offense
Show cause hearing for license revocation
The term "Offense" is defined as one violation of Massachusetts General Law, Chapter
138, and /or one violation of the Massachusetts Alcoholic Beverage Control Commission Rules
and Regulations 204CMR, and /or Town of Reading local licensing regulations and any other law
or regulation of the Town of Reading.
Examples of criteria to invoke penalties are based on the following:
• Severity and type of offense
• Number of prior offenses
The penalties are only a guide. The Licensing Authority may use its discretion in
determining whether the facts surrounding a violation warrant a penalty which is more lenient or
severe than that suggested by the guidelines.
The penalties shall not be construed as to limit the Licensing Authority's ability to
consider alternative dispositions or further conditions on a license, or even alternative penalties
(e.g. rolling back of the licensees operating hours, suspension of the licensee's Common
Victualers license, and /or suspending the licensee's entertainment license.)
3.2.7.2 - Access to Premises by Police and Agents
It shall be the responsibility of the licensee to ensure that procedures are in place, by
posting a doorman or otherwise, to allow Police and authorized agents of the licensing Authority
immediate entrance into the premises at any time employees are on the premises. Any delay in
providing such access shall be cause for action against the license.
3.2.7.3 - Posting of Notice
Whenever the Licensing Authority warns a licensee or suspends the license or licenses of
any licensee, the Licensing Authority shall provide the licensee with a sign containing the words
"Closed by order of the Licensing Authority for the Town of Reading," or "warning issued by
the Licensing Authority of the Town of Reading" and .stating the reason for the warning or
suspension. This sign shall be attached by the licensee on the inside of a window in a location
designated by the Licensing Authority which location shall be visible from the outside of the
licensed premises in a conspicuous place during the entire period of such warning or suspension.
3.2.7.4 - Agents of the Licensing Authority
The Licensing Authority hereby appoints the Chief of Police and the Police Department
Lieutenants and Sergeants as agents of the Licensing Authority to insure that the policies of the
Licensing Authority and the Massachusetts State Laws regarding Alcoholic Beverage Licensing
are adhered to by all licensees.
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3.2.7.5 - Compliance Operations
The Licensing Authority shall from time to time review with the Police Chief guidelines
for compliance operations by the Police Department.
The Licensing Authority hereby assigns the responsibility of conducting annual
inspections of liquor license holders to the Town Manager. These inspections will serve the
purpose of reviewing and checking compliance with the Licensing Authority's liquor policies.
Revised 2- 10 -09: Revised 9 -22 -09
Section 3.3 - Issuance of Peddler's Licenses
Chapter 101, Sections 12a through 33 of the Laws of the Commonwealth, provide for
regulations of peddlers. Part of the State law allows the Board of Selectmen to establish local
rules and regulations for the granting of such licenses.
The following rules and regulations are hereby adopted to guide the Board of Selectmen
in reviewing and ruling upon applications for Peddler's Licenses:
Each application will be dealt with on a case by case basis. The following guidelines are
not intended to be a full list of issues to be dealt with by the Board but are merely guidelines to
the applicant.
1. Approval will be granted within a commercial or industrial zoning district only.
2. No peddlers will be permitted to operate within the public right of way including a
roadway or sidewalk area.
3. Written approval of the property owner and any tenants on the property will be required
prior to the Board hearing an application for a license. This will need to be renewed
annually.
4. If the proposed use, in the opinion of the Board of Selectmen, will generate traffic other
than traffic that is routine to the premises, then designated parking spaces will be required
that will not be detrimental to the principle use on the premises.
5. The Board will require evidence that the peddler's use will have minimal effect on the
neighborhood adjacent to the site.
6. The peddler's use will not take away existing parking spaces from those required on the
site.
7. The peddler's use may have no negative impact on retail or commercial activities within
the Town of Reading.
8. Peddler's uses will only be permitted where there is another principal use on the site and
the peddler's use is related to the principal use of the property. No peddler's uses will be
permitted on vacant or unused land.
9. The applicant must show that adequate controls are in place and insure public safety and
cleanliness, and a condition of approval of any peddler's license will be that all of the
required licenses will be received.
10. Prior to the issuance of a Peddler's License, the Board may require a review by the
Health Division and the Building/Zoning Inspection Division and proof that all necessary
approvals, permits, and other licenses needed to operate have been issued.
Adopted 10- 18 -88, Revised 12- 13 -94, Revised 5 -25 -04
3-14 Board of Selectmen Policies
Town of Reading
Meeting Minutes
Board - Committee - Commission - Council:
Board of Selectmen
Date: 2016 -03 -22
Building: Pleasant Street Senior Center
Address: 49 Pleasant Street
Purpose: General Business
Attendees: Members - Present:
Time: 7:00 PM
Location: Great Room
Session: Open Session
Version:
Chairman John Halsey, Vice Chairman Kevin Sexton, John Arena
Members - Not Present:
Barry Berman and Daniel Ensminger
Others Present:
Town Manager Bob LeLacheur, Town Counsel Ray Miyares, Executive
Assistant Paula Schena, Jayne Miller, Stephen Crook, Cherrie Dubois, Bill
Brown, Al Sylvia, Jeff Zager, Jean Delios, Vicki Yablonsky, Jeanne Borawski,
Greg Burns, Linda Snow Dockser, Foseph Zucchero, Anne Landry, Michele
Sanphy, Eric Burkhart, John Doherty, David Neshat, Jen Hillery, Kate Grant,
Elaine Webb, Paula Perry, Judy Barolak, Scott Kajander, Denise Fenald, Julie
Joya.
Minutes Respectfully Submitted By: Secretary
Topics of Discussion:
Reports and Comments
Selectmen's Liaison Reports and Comments - Kevin Sexton noted that Kevin Vendt from
RCTV will be holding a RCTV live event on May 11th to meet with Boards, Committees and
Commissions to find out what is going on in the community. He and Barry Berman attended
the ZBA 40B meeting to listen to the report from the Peer Reviewers. There was a lot of
public concern regarding density and parking. The Architect feels they need to aquire
Brown's Auto to make this work. He also mentioned that the overhangs go over the
neighbors land and there is insufficient height for the garage. There are only 78 parking
spots on the plan not 80. Also, the people parking on Prescott Street in front of the building
will lose their parking spaces because the sidewalk and curb will push out into the street.
There also is only one stairway in each building. They should have two elevators and they
will need a transformer.
John Halsey asked how they will stage the project for construction because they would be in
the neighbor's property. Kevin Sexton noted they did not cover that. The Town Manager
noted that construction staging was an issue from the beginning and they have no idea how
they will stage. John Halsey asked when the deadline is and Kevin Sexton noted July 4th
John Halsey asked if they asked for an extension and Kevin Sexton noted not yet.
John Halsey noted that the subcommittee for the Birch Meadow Project continues to prepare
recommendations.
Page 1 1
Board of Selectmen Minutes - March 22, 2016 - page 2
Public Comment - Bill Brown noted that nine Veterans from the Scuttlebut Group went to
Pease Airport to act as greeters. It was a nice experience and 937 flights have been
greeted to date.
Town Manager's Report - The Town Manager noted that the Reading Public Safety is ranked
12th in the state. Congratulations to Police and Fire.
Discussion /Action Items
Town Accountant Quarterly Report - Town Accountant Sharon Angstrom noted that 76% of
revenues have been collected and we have expended approximately 68% of the budget.
We have a new rep at the Department of Revenue. The FY15 audit has been received and
she will email it to the Board. She will be scheduling a meeting of the Audit Committee.
The Assistant Treasurer retired and we filled the vacancy by promoting within so she has
been busy doing two jobs. She has been doing a lot of Munis training for new employees.
Sharon Angstrom noted that there was a problem with the Ecard. The problem was not
intentional, it seems they were not aware of the restrictions on the card. The Ecard cannot
be used for travel but it was recently used by employees when they attended a conference.
She noted that it is a hardship for some employees to put the expenses on their personal
credit card and some employees don't have a credit card. We do allow for students to use it
on overseas trips. John Arena noted that the Ecard is not a credit card and we need to
educate the employees. He does not feel the need to change the policy. John Halsey asked
if there was any reason to change the policy and Ms. Angstrom noted not really. The Town
Manager suggested when there is a full Board that they discuss when the Town Accountant
can make an exception. Sharon Angstrom noted that the Human Resource Administrator
had to pay for the food for the assessment center this past week because the Ecard cannot
be used for food and we have no other means for these types of events.
Change of Manager - Anthony's Coal Fired Pizza - Attorney Caroline Cole and new Manager
John Bouche were present. The Town Manager noted that the police reviewed the
application and they have no problem. He also noted that this business is extremely well
managed. All comments from residents is that the food and service are great.
A motion by Arena seconded by Sexton to approve John C. Bouche as the new
Manager of Anthony's Coal Fired Pizza, 48 Walkers Brook Drive was approved by a
vote of 3 -0 -0.
Hearing - Alteration of Premises - Liquor Junction - The Secretary read the hearing notice.
The Patel's were present. They noted that the request is to increase storage the area and it
will not impact the retail space. John Halsey asked if they are shrinking the retail space and
it was noted they are not.
A motion by Arena seconded by Sexton that the Board of Selectmen close the
hearing on the alteration of premises for Kaial and Kevin LLC d /b /a Liquor
3unction, 1 General Way was approved by a vote of 3 -0 -0.
A motion by Arena seconded by Sexton that the Board of Selectmen approve the
alteration of premises for Kaial and Kevin LLC d /b /a Liquor Junction, 1 General
Way, by allowing the expansion of the back of the store by 1100 square feet for
storage; and no retail space will be added as part of this alteration as indicated on
the plan entitled: ` "Liguor 3unction Reading Expansion A -1" was approved by a
vote of 3 -0 -0.
Hearing - Amend Liquor License Policy - The Secretary read the hearing notice. Attorney
Brad Latham and Judy Barolak were present. Attorney Ray Miyares noted that the Town
Manager asked him to look at issuing a liquor license to establishments that don't serve
food. State law has five categories for on premises licenses: restaurant, hotel, club, general
Page 1 2
Board of Selectmen Minutes - March 22, 2016 - page 3
on premise and tavern. The General on Premises license is for no food. The Board of
Selectmen policies do not address this type of license.
Town Counsel noted that Section 3.2.4.5 of the Selectmen's Policies allows to serve alcohol
to instructional classes under the Restaurant policy not a General on Premise license. He
noted that the Board of Selectmen has not authorized issuance of General on Premise
licenses. If the Selectmen want General on Premise licenses then they should create a new
section to provide for this and set a fee with hours. Town Counsel also recommended
adding a provision for farmers markets. The change in policy will allow the Board to move
ahead.
Attorney Brad Latham and Judy Barolak were present. Attorney Latham noted that Mrs.
Barolak is proposing having the Paint and Sip at her husband's facility at 78 Haven Street.
She would like to serve wine or beer during class and it will be off hours of Atlantic Sign. He
noted this is usually a social event for women usually 35 - 60 years old. They are residents
and have children in the school system. The hope is that patrons would visit the downtown
restaurants afterward.
John Arena noted he was a proponent of this two years ago but once this is on the books we
are entering new turf. He asked Mrs. Barolak if she has done anything in the past two
years. Mrs. Barolak noted she has been looking for a place.
The Town Manager noted that the Board of Selectmen approved one exception two years
ago but Town Counsel says it is not appropriate with the ABCC regulations.
Town Counsel noted that the Board can impose limitations as for as the number of hours as
long as the applicant agrees but the applicant could come back and ask to remove the
limitations.
The Town Manager noted that Denise Lake from Century 21 has a request from Tropical
Salon and Spa to serve complimentary wine. So there will be others to follow. He also
noted that the Town is allowed 25 on premise licenses and 10 are available. They are
issued first come first serve.
John Halsey noted that if they make the change in the policy that will open up the last 10
licenses. Town Counsel noted that the Board can determine they don't want to issue
anymore. They could adopt a policy.
Kevin Sexton asked if the hours for all pouring licenses are 11:00 a.m. to 11:00 p.m. and
Town Counsel indicated yes.
John Arena asked the definition of a club license and Town Counsel noted membership and
it has to be a charitable organization.
John Halsey noted that this changes the scope of how to play out over time. He wants to
support and promote business in Reading but when adding alcohol we are adding a whole
layer of discussion. He has concerns and suggests continuing the hearing until all five
members are present.
Kevin Sexton asked what we have for TIPS requirement and Town Counsel noted that can
be put in a policy or as a condition on the license.
The Town Manager noted that Newton issued one license for this and limited the days and
limited the number of drinks per person. Judy Barolak noted it will probably be for three
evenings - Thursday, Friday and Saturday evenings. She noted Newton approved only one
General on Premise license with unique conditions. 6
Page 1 3
Board of Selectmen Minutes - March 22,_ 2016 - page 4
Kevin Sexton noted that Newton carved out a monopoly and he is not in favor of that. He is
in favor of a bigger discussion with the full Board.
A motion by Arena seconded by Sexton to continue the hearing on amending
Section 3.2.4 of the Board of Selectmen Liquor License Policies to April 5t" at 9:00
p.m. was approved by a vote of 3 -0 -0.
Town of Reading Financial Overview - Ethics Rules for an Override - Mark Dockser called
the Finance Committee to order and Chuck Robinson called the School Committee to order.
Town Counsel noted that when there is a ballot question Boards, Committees and
Commission need guidance as to what they can do. He has a handout that will go on the
website. He noted that there are two laws that need to be followed - Campaign Finance
Law and State Ethics Law. All members of Boards, Committees and Commissions have had
ethics training. If something is prohibited by one law then it's prohibited. Campaign
Finance focuses on government being kept separate. Ethics law focuses on employees not
using their position to influence.
Town Counsel noted that elected officials cannot engage in political activity during the
workday. Campaign Finance says elected officials can discuss at meetings, post information
on bulletin boards or website and they can appear on cable television. Public resources
cannot be used to promote or oppose a ballot question. Email addresses can be shared with
everyone who asks. John Arena asked how a person would come upon email addresses and
if a list of emails is compounded by the Town is it a public record. Town Counsel noted
email addresses are a public record but the list has to already exist. If you have to create
the list then you would be using public resources and that cannot be done and it is not
available to the public.
Elaine Webb noted that she signed up to receive messages from the Town so does that
mean a list exists? The Town Manager noted that we have a list for newsletters but when
people sign up on the website there is no list.
Chuck Robinson noted that he has extensive lists of emails. Town Counsel noted that his
personal emails and lists are private. If it is a School Committee list then it is a public
record. Also, Town Counsel noted that you cannot ask why a person is requesting the
information. Chuck Robinson noted that all public officials have email lists that they use
when running for re- election. Town Counsel noted that list is personal.
Elaine Webb noted that she supplies her email to many school people as a parent and she
asked if that is a public record. Town Counsel it is. Elaine Webb disagreed.
Jeanne Borawski shared the same concern as Elaine Webb. She asked if vendor lists fall
under state law and Town Counsel noted that vendor lists are not a public record.
Town Counsel noted that elected or appointed officials may vote as a body to recommend
the ballot question. They can also provide neutral information but cannot use public
resources to advocate. John Arena asked if they can announce that a Board approved and
Town Counsel indicated yes and they can issue a statement.
Jennifer Hillery noted that she called the State Ethics Committee and Town Meeting
members are exempt.
Linda Snow Dockser referred to the question of lists. She noted that there is an implicit
agreement between the schools and parents that we do not give out emails. She is troubled
by this. She noted that people choose what they want to be involved in. On another note,
she asked Town Counsel to clarify that a Board can vote to support or not support a ballot
=x
Page 1 4
Board of Selectmen Minutes - March 22, 2016 - page 5
question but they cannot advocate for it. Town Counsel noted that it is okay for them to
advocate as long as it is a public meeting that everyone has access to.
John Doherty noted that he doesn't have the ability to create a list. Town Counsel
responded that he is not required to create one. Kevin Sexton asked if a third party vendor
is obliged and Town Counsel indicated no.
Sharon Angstrom asked if she received a request for a list could be charge them to create
one? Town Counsel noted that if the list does not exist then we don't have to create one,
but if they ask for a print out of all the emails we have to provide and can charge for that.
Elaine Webb asked if she is going door to door can she introduce herself as a School
Committee member and Town Counsel indicated she can as long as it doesn't cost money.
John Halsey asked if groups advocating for or against the ballot question use rooms in
public buildings. Town Counsel noted that they can as long as the buildings are available to
both groups. John Halsey asked if it is okay for him to appear in public to give information
and Town Counsel noted it is okay.
Mark Dockser asked what information can be produced by a Board and how can it be
distributed. Town Counsel noted that if a committee creates a document in favor of the
ballot question and lists the reasons why, then gives it to someone who asks for it then that
is okay. If the committee starts disseminating in other ways then it would be questionable.
Barry Berman noted that during the last ballot question a bulletin was sent home through
the schools that were printed at the schools. Town Counsel noted that practice is frowned
upon. The PTO could probably do it but it is best to leave the kids out of it.
Eric Burkhart asked what the consequences are. Town Counsel noted if it is a Campaign
Finance Law someone could filed a complaint and the office will issue a ruling several
months later. If it is an Ethics Law then there could be a penalty.
The Finance Committee and School Committee adjourned at 9:28 p.m.
Calendar and Next Steps - The Town Manager suggested discussing the override at their
May 3 and May 17 meetings then do 2 or 3 neighborhood meetings in May before school is
out.
The Town Manager asked what % complete presentation we should take to the
neighborhoods.
John Arena indicated this is the best chance to get the facts out. It would be good to show
where we are and where we are going. We also need to determine how much to ask for.
John Halsey noted there is a certain value in crafting budget questions; show how to
prioritize the use of free cash and to note that if we run out of money certain services will
be cut.
The Town Manager noted that he can create a level fund override and then breakdown
adding items in. John Halsey recommended creating an appendix.
Hearing - Set Water, Sewer and Storm Water Rates for FY17 - The Secretary read the
hearing notice. The Town Manager noted that if we set the rate tonight we can provide
more information to Town Meeting.
The Town Manager noted that one factor that impacts rates are local costs which include
wages, local expenses, general fund overhead, debt and capital. MWRA charges are out of
Page 1 5
Board of Selectmen Minutes - _March 22, 2016 - page 6
our control so we use reserves to smooth costs. Conservation has cost us money. The total
use of water in the community has slowed down. He has received no complaints about
eliminating the discount and there is no rush on the last day.
The Town Manager suggests using $800,000 of water reserves for large projects. If he uses
$800,000 then that will be a 5% increase. He noted that 81% of sewer rates and 34% of
water rates are set by the MWRA. There are new regulations coming out for storm water.
We have two large river drainage projects to be done so next year the outlook will be $1.7
million of drainage projects which will be an $80 charge.
John Arena noted it would be helpful to see household rates.
Bill Brown noted that the Supreme Court ruled if it benefits the whole community then it has
to be a tax, not a fee.
A motion by Arena seconded by Sexton to close the hearing on setting the FY17
water, sewer and storm water rates was approved by a vote of 3 -0 -0.
A motion by Arena seconded by Sexton to set the FY2017 water rate at $9.64 per
100 cubic feet with a minimum auarterly bill of $19.28 effective with the
December, 2016 billing was approved by a vote of 3 -0 -0.
A motion by Arena seconded by Sexton to set the FY2017 sewer rate at $9.88 per
100 cubic feet with a minimum auarterly bill of $19.76 effective with the
December, 2016 billing was approved by a vote of 3 -0 -0.
A motion by Arena seconded by Sexton to set the Storm Water Rate at $40 Der
unit (3210 sauare feet) per year to be billed quarterly effective with the
December, 2016 billing was approved by a vote of 3 -0 -0.
Hearing - Approve Amendments to FY16 Non -Union Classification Plan (Purchasing Agent to
be shared with Schools) - The Secretary read the hearing notice. The Town Manager noted
that they interviewed for the Purchasing Agent and had one qualified person and that
person declined the job. He has decided to combine procurement for the schools and have
one person centralized. The intent is to rename the position Procurement Officer and move
it from Step H to Step I.
John Arena asked when Town funds change if we will unwind this position and the Town
Manager noted he would rather spend the money on a high quality employee and cut
positions. If resources get tight we will cut jobs.
A motion by Arena seconded by Sexton to close the hearina on amendments to the
FY16 Non -Union Classification Plan was approved by a vote of 3 -0 -0.
A motion by Arena seconded by Sexton that the Board of Selectmen approve the
amendments to the FY16 Non -Union Classification Plan which will upgrade the
vacant Purchasing Agent position by one grade and rename it to Procurement
Officer was approved by a vote of 3 -0 -0.
Vote Annual Town Meeting Warrant. Articles - The Town Manager noted Article 4 is Capital.
It is mostly rearranging but a new dump truck is an urgent item needed.
Article 5 is budget changes. We use no free cash but there are two big items - $125,000 for
consulting services for security system which will create a lot of discussion within the
community and $150,000 for the first year of funding for the new K -12 science curriculum.
The latter would be a nonrecurring cost so it keeps it out of the budget.
Page 1 6
Board of Selectmen Minutes - March 222016 - page 7
Article 6 moves money into OPEB. Article 7 is the Animal Control Bylaw. Article 8 is the
Affordable Housing Trust Fund. Article 9 is the adding the Economic Development Planner
to the revolving fund. Article 10 is to dispose of tangible surplus equipment and Article 11
is to pay for an outstanding Canon bill.
A motion by Arena seconded by Sexton to recommend the subject matter of
Articles 4 - 6 and Articles 8 - 13 was approved by a vote of 3 -0 -0.
John Halsey asked Town Counsel to review Article 7 - the Animal Control Bylaw. Town
Counsel noted that in 2012 the state revised the law regarding kennels, licensing and
control of dogs so it is necessary to make the Town's Bylaw consistent with the state law.
Some of the changes made include removing definitions that are not in the state law;
changes the licensing and fees to be determined by Town Meeting; nuisance conditions are
referenced to the state law. The Animal Control Officer information is unchanged except
they now keep a record of complaints in writing. The Animal Control Appeals Committee is
the appeal authority, not the Board of Selectmen.
John Arena asked if four or more dogs require a kennel license and Town Counsel indicated
that is correct. It used to be five or more. John Arena asked if litters count and Town
Counsel indicated it does not. John Arena noted that a quick summary sheet for Town
Meeting would be helpful.
A motion by Arena seconded by Sexton that the Board of Selectmen recommend
the subject matter of Article 7 of the 2016 Annual Town meeting Warrant was
approved by a vote of 3 -0 -0.
Approval of Minutes
A motion by Arena seconded by Sexton to approve the minutes of March 8, 2016
was approved by a vote of 3 -0 -0.
A motion by Arena seconded by Sexton to adiourn the meeting at 10:40 p.m. was
approved by a vote of 3 -0 -0.
Respectfully submitted,
Secretary
Page 1 7
6'�U?
Ch
Deborah B. Goldberg
Treasurer and Receiver General
Commonwealth of Massachusetts
Department of the State Treasurer
Alcoholic Beverages Control Commission
239 Causeway Street
Boston, MA 02114
Kim S. Gainsboro, Esq.
Chairman
ALCOHOLIC BEVERAGES CONTROL COMMISSION ( "ABCC ") ADVISORY
REGARDING POWDERED ALCOHOL
On March 14, 2016, Governor Baker signed into law, "An Act Relative to Substance Use, Treatment,
Education, and Prevention." This Act, in part, updates the Liquor Control Act, Mass. Gen. Laws
Chapter 138. The Act defines powdered alcohol as "a nonmedicinal product in powdered or crystalline
form that contains alcohol and is intended for consumption by direct use or when mixed with water or
another substance."' The Act prohibits anyone, including all licensees in the Commonwealth, from
selling, manufacturing, and /or possessing powdered alcohol.2 Please be aware that violation of this law
is now punishable by a fine of not less than $100 and up to $1,000.3
This Advisory replaces the ABCC's March 12, 2015, Advisory regarding powdered alcohol. As a
reminder, all licensees must ensure that they are in compliance with the laws of the Commonwealth of
Massachusetts and that sale of alcohol and alcoholic beverages take place only as authorized by
applicable law.
(Issued March 22, 2016)
' M.G.L. c. 138, § 1.
2 M.G.L. c. 138, § 2A.
3 M.G.L. c. 138, § 2A.
Telephone: (617) 727 -3040
Fav: (617) 727 -1510 *Office: 239 Causeway Street, 1st Floor, Boston, MA 02114 * Web: www.mass.gov /abcc &+&—,
Of $fi90
Town of Reading
16 Lowell Street
r
Reading, MA 01867 -2683
63'9 INCORQO�P
March 28, 2016
C -00-5
HISTORICAL COMMISSION
historical@ ci.reading.ma.us
(781) 942 -6661
Fax (781) 942 -6071
To: Ken Chase, Manager, MKM Reading, LLC
Bob LeLacheur, Reading Town Manager
Jean Delios, Reading Community Planning Department
Julie Mercier, Community Development Director
George Zambouras, Reading Engineering Department
Robert Redfern, Chair, Zoning Board of Appeals
Brian F. Sullivan, Chair, Reading Conservation Commission
Brona Simon, Executive Director, MHC, Massachusetts Historical Commission
Reading Board of Selectmen
Reading Historical Commission
Re: MKM Reading, LLC Proposed Reading Village Apartment Complex and Preserving
Reading's Lincoln Street Depot and Parker Tavern Historic Sites
Thank you for providing such thorough and informative presentations on the Reading Village project
to the Reading community.
While the Reading Historical Commission (RHC) recognizes and appreciates the hard work and
planning that MKM Reading, LLC and others have done to conceive and design the proposed project,
the RHC would like to suggest an alternative. After debating the proposal at our monthly meeting,
held on February 29, 2016, the RHC would rather see a smaller structure, one less apt to overshadow
the historic Train Depot and Parker Tavern buildings.
The mass of the proposed design is totally out of scale with the surrounding buildings. There is just
too much program for the site. The resulting height dwarfs the existing residential buildings as well as
the historic Train Depot and the Parker Tavern down the street. The ground level of parking provides
no mitigating transition to the street as would retail or commercial. The overhanging roof with brackets
attempting to recall the station details is entirely inappropriate. The overall design of both new
structures is uninspired and MKM Reading, LLC should work with the town to re- conceptualize the
program and its relationship to the site.
Our next meeting will be held on March 30, 2016 at 7:30pm, in the Conference Room of Reading
Town Hall, should you wish to further review this project with the RHC.
Thank you for your time and consideration.
Sincerely,
Celi
Carl Mittnight, Chair
on behalf of the Reading Historical Commission
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LeLacheur, Bob
Subject: FW: Concern with cell service in basement /garage at Reading Woods
. ... ........................
From: Rich Fruci [ma ilto: Rich. Fruci(�i)Pulte.com]
Sent: Thursday, March 31, 2016 9:05 AM
To: Mercier, Julie; Reid Blute; Mark Mastroianni
Subject: RE: Concern with cell service in basement /garage at Reading Woods
Good Morning Julie,
Yes cellar reception is tough in all the garages it is due to all the steel and concrete to support the building. As we can
sympathize with the home owner's concern the building is built to code. If the home owner would like he can bring it up to his
building representative and the matter can be brought to the HOA to see if they would like to install an antenna. Sorry not to be
much help with this matter.
Thank you,
Rich
From: Mercier, Julie [ mailto :imercier @ci. reading. ma.us]
Sent: Wednesday, March 30, 2016 12:38 PM
To: Reid Blute <Reid.BIute @PulteGroup.com >; Mark Mastroianni < Mark .Mastroianni@PulteGroup.com >; Rich Fruci
<Rich.Fruci@Pulte.com>
Cc: Zachary Alexanian <Zachary.Alexanian @Pulte.com>
Subject: Concern with cell service in basement /garage at Reading Woods
Hi Reid, Mark, Rich,
I'm not sure who is the best person to contact regarding this, so I am emailing all of you.
The Town of Reading has received a call from a resident with a concern that there is no cell service in the basement /garage, and
apparently this is an issue across different cell carriers and in different buildings.
This resident was concerned as the 55 and older units are brought on line that a medical emergency might happen with no
ability to call for help. They believe there is a relatively inexpensive fix that requires additional antennas.
Please get back to me as soon as you can regarding this matter.
Thank you!
Julie D. Mercier, AICP, LEED AP
Community Development Director
Town of Reading
16 Lowell Street
Reading, MAO 1867
781.942.6648 (o)
imercier0ki.reading.ma.us
Town Hall Hours:
Mon, Wed & Thurs: 7:30 am - 5 :30 pm
Tues: 7:30 am - 7:00 pm
Fri: closed
FC)