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HomeMy WebLinkAbout2009-03-17 Board of Selectmen PacketOFREgOfY Town of Reading 16 Lowell Street ~.wReading, MA 01867-2685 3y1NcoR1p4 FAX: (781) 942-9071 Email: townmanager@ci.reading.ma.us Website: www. readingma.gov MEMORANDUM TO: Board of Selectmen FROM: Peter 1. Hechenbleikner DATE: March 13, 2009 RE: Board of Selectmen Meeting - March 17, 2009 TOWN MANAGER (781) 942-9043 1 a) Executive Session - Town Counsel will be present to review in Executive Session the issues relating to upcoming mediation with AGFA regarding the revay well. 2) The Chairman has suggested eliminating Selectmen's Liaison Reports and Town Manager's Report because of time constraints. 3) Sarah Mulroy will be presenting a proclamation as discussed at the Selectmen's Meeting on March 10. One of the members of the Board will have to make the motion on the proclamation. 5a) Our State Representatives and Senator will be in to discuss issues of interest to the Town. School Committee members may also be present. 5b) Larry Ramdin will be in to do the Highlights, which will be a presentation of the program to be given on March 19th to volunteer groups. 5c) This is a review (not a re-presentation) of the 885 Main Street LIP proposal. Abutters have been noticed. This is not a hearing. 5d,e) As you know, this hearing was scheduled for February 10, 2009. The hearing has been re-noticed. The applicant claims that the mail was addressed to the stores instead of the corporate office, but as you can see from the material included this was clearly not the case. 5f) This is a hearing pursuant to the Selectmen's previous discussion about establishing "right turn only" at both directions of Hopkins Street at Main Street. We will also have a letter for the Board to sign which will request Mass Highway to signalize the intersection. 5g) Per the Board's previous discussion, this hearing is on parking regulations in the Brande Court parking lot, which would make the area into a "blue zone" which would require a $20 per month "sticker" for all day parking and otherwise it will remain two hour parking for customers. 5h) As part of the Memorial Park presentation, residents had requested that Harrison Street northbound at Charles Street should be a stop intersection. I've been told there is already a stop sign at the location, but if this is the fact, there is no legal basis for the stop sign currently. PIH/ps Page 1 of 1 f 0biIc Schena, Paula From: Hechenbleikner, Peter Sent: Monday, March 09, 2009 12:13 PM To: vanmagness@verizon.net; Reading - Selectmen Cc: Schena, Paula Subject: RE: Federal Stimulus Money Fred We will be completing Franklin Street this coming year - with a combination of Chapter 90 and/or local funds. Reading has been very aggressive in trying to secure stimulus funds - we submitted 8 projects totaling 18 to 20 million dollars. 2 were road projects totaling over 8 million, and another was a water line project including road reconstruction for another 2 million. Hopefully the lists that are out there are not the total lists On West Street, some of what has made that street so rough has been other utilities, but the major thing has been our construction of the water line. We have been working on reconstruction plans and funding for almost a decade, and hopefully with stimulus funds, or state funds because the stimulus dollars have freed up more state funds, we will get it under construction in the not too distant future. We could spend easily 20 million on roads, and the projects would be shovel ready. But we chose to submit a variety of quality projects that benefit all segments of the community, including roads, energy improvements, and building and park improvements. We feel that what was submitted directly meets the detailed stimulus goals, and meets these criteria better than many other projects that seem to have been submitted. We are still working on getting our top priorities funded. Pete I/c Board of Selectmen From: Fred & Karen Van Magness [mailto:vanmagness@verizon.net] Sent: Saturday, March 07, 2009 7:32 AM To: Reading - Selectmen; Hechenbleikner, Peter Subject: Federal Stimulus Money With all the Federal Stimulus money being allocated and the State of MA may need to identify more projects to fund since there is still money left allegedly I did not see money requested to repave the rest of Franklin St. or other streets badly needing repaving in Reading. Diverting funds to Franklin St. may have freed up other money to get even more roads reconstructed. Same would have held true for repaving ALL of West St...... which is a disgrace to the town for the condition that street was allowed to get to with all the gas contractors digging it up. When will we ever get tight standards to require contractors to return streets to then existing condition when they want to dig them up for various reasons. This could be put on the list of things to do for the new DPW Director. I know projects need to be shovel ready, but it seems to me that our Engineering Dept. could have many things ready. If it means delaying spending Engineering time and effort laying out grading for future fields at the old Water Treatment Plant, then so be it. But I was surprised that we had not been more aggressive in piling on projects for road reconstruction. If Arlington and Somerville can get $3,000,000 for a bike path, then certainly we should have had more road projects on the list and had our legislators pushing for us. Just my thoughts..... Fred Van Magness, Sr. aa / 3/9/2009 Page 1 of I Schena, Paula LIC lock G 6Vh-L From: Reading - Selectmen Sent: Monday, March 09, 2009 11:43 AM To: Hines, George V. Cc: Schena, Paula Subject: RE: RMLD Cafeteria Use Dear George : Thank you for sending an email to the Board of Selectmen. The Board has adopted a policy of not sending substantive responses to emails in order to try to stay in compliance with the Commonwealth's open meeting law which prohibits policy discussions by the Board outside of an open public meeting. Please understand that the Board values your input on issues and your correspondence will be included in the materials circulated to the Board prior to its next meeting and it is available as part of the public record. The Board members will have a chance to comment during an upcoming public meeting. If you want to have a personal discussion of the issue with a member of the Board, we hold "office" hours in Reading Town Hall before the first regularly scheduled meeting of each month at 6:30 PM in the first floor conference room. Thank you again for contacting the Board of Selectmen. James Bonazoli Secretary Reading Board of Selectmen 1/c Board of Selectmen From: Hines, George V. [mai Ito: George. Hines@jacobs.com] Sent: Monday, March 09, 2009 9:03 AM To: Reading - Selectmen Subject: RMLD Cafeteria Use Dear Selectmen, The RMLD General Manager has proposed eliminating the use of their Cafeteria by outside groups for meetings. This would be a reversal of a long standing policy allowing non-profit community groups use of this facility. Attached is a list of groups that have been traditional users. Hopefully the Board of Selectman will help prevent this change. Thank-you! George Hines NOTICE - This communication may contain confidential and privileged information that is for the sole use of the intended recipient. Any viewing, copying or distribution of, or reliance on this message by unintended recipients is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. 3/9/2009 aa2" PROCLAMATION HONORING RACHEL MAROLDA WHEREAS: Rachel Marolda was diagnosed with a rare brain tumor in July 2006 just before starting her freshman year at the Reading Memorial High School, and had surgery in August 2006; and WHEREAS: Several months after her surgery, she started making jewelry and had her first jewelry party in August 2007; and WHEREAS: Always putting others' needs before her own, Rachel will be donating $10,000 from the proceeds of the jewelry parties to Dr. Liliana Goumnerova on March 31, 2009 for brain tumor research; and WHEREAS: Rachel runs her own business called Crystals for a Cause, and specializes in custom made sterling silver and Swarovski jewelry. NOW, THEREFORE, WE, the Board of Selectmen of the Town of Reading, Massachusetts do hereby recognize and honor Rachel Marolda for her outstanding dedication and commitment to brain tumor research, and urge all citizens of the community to be aware of this honor and to participate fittingly in its observance. BOARD OF SELECTMEN Stephen A. Goldy, Chairman Ben Tafoya, Vice Chairman James E. Bonazoli, Secretary Camille W. Anthony Richard W. Schubert 30, Page 1 of I Marino, Lillian From: Schena, Paula Sent: Friday, March 13, 2009 10:17 AM To: Marino, Lillian Subject: FW: Rachel Information Please do a proclamation for Rachel Marolda. Paula Schena Office Manager Reading Town.Hall 16 Lowell Street Reading, MA 01867 781-942-9043 Fax 781-942-9071 From: sarah mulroy [mailto:ssmulroy@gmail.com] Sent: Friday, March 13, 2009 10:08 AM To: Schena, Paula Cc: James Bonazoli forwarding account Subject: Rachel Information Hi Ms. Schena, Thank you for your concern, and I am starting to feel better. This is what I have about Rachel and if you need more just let me know, - In July of 2006, just before starting her freshman year of high school, Rachel was diagnosed with a rare brain tumor - She then has surgery in August of 2006 - Several months after her surgery, Rachel started making jewelry. - Rachel had her first jewelry party in August 2007 - Always putting others' needs before her own, Rachel will be donating $10,000 for brain tumor research to Dr. Liliana Goumnerova on March 31, 2009. - Rachel runs her own business called Crystals for a Cause and specializes in custom made sterling silver and swarovski jewelry. Sarah Mulroy 3aZ 3/13/2009 Page 1 of 1 Schena, Paula From: Hechenbleikner, Peter Sent: Thursday, February 26, 2009 11:53 AM To: Jones, Bradley - Rep. (HOU); (albert.turco@state.ma.us); Jim Dwyer (jjdwyerw4@yahoo.com) Cc: Schena, Paula; Reading - Department Heads Subject: Meeting with the BOS - 3-3-09 Brad, Richard, Jim, We're looking forward to seeing you Tuesday night, March 3 at the Board of Selectmen meeting at Town Hall. We have you scheduled for 7:35, immediately following the swearing in of 2 new Police Officers - Brad, one is your former aide -Justin Martel. There is so. much to talk about, but in speaking with Chairman Steve Goldy, we thought a focus on the following items would be helpful: • FY 2010 state budget • Accessing Federal Stimulus money for the Town of Reading - what can we do? • Your opinion of the likelihood of passage of the major elements of the "Act strengthening the Commonwealth's partnership with its municipalities" There will be 3 selectmen present - Chairman Steve Goldy, Vice Chairman Ben Tafoya, and Selectman Rick Schubert. I would suggest that at a later date we might host a coffee for you and your aides with the Department heads to talk about more specifics of actions that might affect. Reading. Thanks and we'll see you on the 3rd Pete say 2/27/2009 Page I of 3 Hechenbleikner, Peter From: Hechenbleikner, Peter Sent: Friday, February 27, 2009 11:29 AM To: Reading - Selectmen Subject: FW: MMA Action Alert on Municipal Relief Legislation From: Geoff Beckwith [mailto:gbeckwith@mma.org] Sent: Thursday, February 26, 2009 5:03 PM To: Geoffrey Beckwith Subject: MMA Action Alert on Municipal Relief Legislation Special MMA Action Alert February 26, 2009 Cities and Towns Need Meaningful Reforms and Revenues Please Call Your Legislators TODAY and Tell Them to Act Now to Pass a Powerful Municipal Relief Package Confronting the most serious economic and fiscal crisis since the Great Depression, cities and towns are facing massive budget deficits. Triggered by deep local aid cuts and sagging local revenues due to the recession, communities across the state are cutting services, laying off teachers, police officers and firefighters, increasing fees, and relying more and more on overburdened property taxes. Now more than ever, cities and towns need powerful management tools and more revenue choices in order to balance their budgets and keep services afloat. This means that Beacon Hill must act immediately to pass vital reform and revenue measures to provide relief to all communities. The MMA filed its sweeping reform package in December, the Governor submitted his Municipal Relief Package in January, and the Legislature is poised to release a plan within the, next two weeks. Without new comprehensive reform and new revenues cities and towns will be forced to slash core services, lay off thousands of municipal employees, and the impact of the recession will be even greater in every community. In order to avoid this catastrophic scenario, cities and towns need immediate action by the Legislature to pass meaningful reform that will make a difference. There are many components of the relief packages that are up for consideration, and the MMA is actively supporting all of the provisions that will be helpful to cities and towns. However, in order for any final package to be strong enough to help all communities during this economic crisis, please tell your legislators that the following four 2/27/2009 5°~ Page 2 of 3 provisions must be included: 1 - Giving Cities & Towns Control Over Health Insurance Plans 2 - Allowing Local Option Meals and Lodging Taxes 3 - Closing the Telecommunications Property Tax Loopholes 4 - Fixing the Flaws in the Way Charter Schools are Financed Please use the talking points below when you speak with your Representatives and Senators: 1 - Real Reform Means Giving Cities & Towns Control Over Health Insurance Plans • Please ask your legislators to support freeing cities and towns of the requirement to bargain health insurance plan design; • Cities and towns are way behind both the state and private employers in terms of co-pays, deductibles, and tiered networks (this is the so-called plan design); • As a result, health insurance costs for cities and towns are much higher than for the state or private employers; • This is because cites and towns are required to receive approval from all of their unions before they can make any changes to municipal health plan design; • The state has exempted itself from collective bargaining requirements and therefore has co- pays, deductibles, and tiered networks that are much closer to the private sector; • The MMA plan would give cities and towns the same power the state has, so they can quickly modernize their health plans to incorporate realistic co-payments and deductibles similar or identical to what state employees and legislators have, and this would save cities and towns and their employees as much as 5% to 15% of their current health insurance premiums; • The Legislature and the Governor must remove plan design from collective bargaining for cities and towns in order to allow cities and towns to save millions of dollars in health insurance costs beginning on July 1, 2009; • This reform proposal would save more money, more quickly and more efficiently than any other option, including joining the state GIC plan, which doesn't work for many municipalities. 2 - It is Time to Allow Local Option Meals & Lodging Taxes • Please ask your legislators to support legislation to allow cities and towns to adopt a local option sales tax on meals and to increase the local option room occupancy excise; • Cities and town are highly reliant on the regressive and overburdened property tax - new local option taxes would provide a more diversified and fairer municipal revenue base; • Local option taxes would provide additional revenues to help balance local budgets next year and avoid layoffs; • The MMA municipal relief bill [House docket 1073] would allow cities and towns to adopt a local option sales tax on meals of up to 3 points and to add up to an additional 2 points to the room occupancy excise; • Each point on the meals tax would provide an estimated $125 million statewide, and each point on the room occupancy would provide an estimated $20 million. 3 - We Must Close the Telecommunications Property Tax Loopholes • Please ask your legislators to support legislation that would modernize the taxation of property owned by telephone and other telecommunication companies; • These outdated and antiquated loopholes are being abused by the telephone companies to 2/27/2009 " Page 3 of 3 avoid paying their fair share of local taxes, shifting this burden onto homeowners and other local businesses. • Legislators need to codify last year's Appellate Tax Board (ATB) decision that "poles and wires" over public ways should be taxed, and legislators need to eliminate the loopholes that exempt machinery and switching equipment; • These provisions, included in the MMA relief bill and the Governor's Municipal Partnership Act, would provide an estimated $50 million or more statewide to help balance municipal budgets. 4 - We Must Fix the Flawed Charter School Funding System • The funding system for charter schools takes away resources from public school districts, draining $273 million in Chapter 70 funds from 199 communities this year (fiscal 2009), and $20 million more in fiscal 2010 under the current scheme; • Please ask your legislators to support the provisions in the MMA's relief bill to halt the expansion of charter schools in fiscal 2010 and prevent any further loss of Chapter 70 money until the funding system is fixed; • New and expanded charter schools would result in a real loss in Chapter 70 school aid next year as tuition payments to charter schools from municipal revenues exceed state reimbursements; • Without reform of how charter schools are financed, this loss of aid will result in fewer public school teachers and other school staff and diminished programs. Time is of the essence. Unless these reforms are enacted prior to April 1, cities and towns will be forced to make tens of thousands of layoffs and drastically reduce services. Both actions will deepen the state's recession and push any recovery further into the future. Please call your Legislators today and tell them how important each of these items is and why they need to act now. Thank you very much. Geoffrey C. Beckwith Executive Director, Massachusetts Municipal Association President, Massachusetts Interlocal Insurance Association One Winthrop Square, Boston, MA 02110 tel 617-426-7272 fax 617-695-1314 web www.mma.org EMAIL DISCLAIMER: This message is a private communication. If you are not the intended recipient, please do not read, copy, use, or disclose this message or any attachments to others. Please notify the sender of the delivery error by replying to this message, and then delete it from your system. Any unauthorized disclosure, copying, or distribution of this message, including the attaclunents, is prohibited. Email transmission may not be secure or error free. Information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender does not accept liability for any errors or omissions in the contents of this message that arise as a result of email transmission. Thank you. 16-aq. 2/27/2009 =VVY http://wry+w.instatTac.corn/texrtdetails.php?id=2] 7224R,printable= Bill Text for HB104 (H D3962) of 2009-2010 Session Print this document An act strengthening the Commonwealth's partnership with its municipali Prime sponsor: Governor January 28, 2009 To the Honorable Senate and House of Representatives: i am filing for your consideration a bill entitled "An Act Strengthening the Commonwealth's Partnership with its Municipalities." This legislation provides cities and towns with the tools they need to respond to the present fiscal emergency by managing. limited resources more efficiently. It enables municipal officials to control their employee health care costs by easing the requirements for entry into the state Group Insurance Commission and holding municipalities financially accountable for providing cost-efficient health care. It requires each community to move all its eligible retirees to Medicare coverage, and provides some pension funding relief within fiscally responsible parameters. Several provisionz encourage and facilitate regionalization of municipal services and reform municipal procurement and advertising requirements, thus providing cost efficiencies without jeopardizing transparency or quality. Finally, this legislation allows municipalities more legal flexibility in such.areas as the permissible number of alcoholic beverage licenses, the maximum age .of police officers and firefighters, and fixing inadvertent procedural mistakes in calling town elections and town meetings, thus dramatically reducing,the need for special legislative exemptions. Together with the additional municipal revenues proposed in the Emergency Recovery Bill that I am also filing today these measures can help cities and towns weather the present fiscal downturn, save hundreds of millions of dollars over time, and take significant pressure off nrooerty taxes now and in the future. I am especially grateful to Lieutenant Governor Murray and to the municipal officials who spoke up during his municipal listening tour, the source of many of the ideas in this proposal. I urge your prompt and favorable consideration of this legislation. Respectfully submitted, Devai L. Patrick Governor AN ACT STRENGTHENING THE COMMONWEALTH'S PARTNERSHIP WITH MUNICIPALITIES. Whereas, the deferred operation of this act would tend to defeat its purpose, which is forthwith to strengthen the commonwealth's partnership with its municipalities in the present fiscal emergency, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience. INTERNET ADVERTISING OF PROCUREMENTS - 1 SECTION 1. Chapter 7 of the General Laws is hereby amended by inserting after section 22N the following. section:- Section 220. Notwithstanding any general or special law to the. contrary, whenever a law requires a state agency, department,, office, commission, authority or governmental body, as defined in section 2 of chapter 30B, to publish in a newspaper a notice of a Public orocurement or solicitation; it shall be sufficient instead to post that notice on a public government internet website, including the commonwealth's electronic solicitation and bidding.website. REVERSE AUCTIONS - 1 SECTION 2. Section 2 of chapter 308 of the General Laws, as appearing in the 2006 Official Edition, is hereby mended by inserting after the definition of "Responsible bidder or offeror" the following definition:- "Reverse auction", an internet-based process used to buy supplies and services, whereby sellers of the supply or service being auctioned anonymously bid against each other until time expires and until the governmental body .3a f 14 11-1 January 28, 2009 http://www.instatrac.conVte\tdetails.plip?id=217224&printable=l ' determines from which sellers it will buy based on the pricing obtained as a result of the reverse auction. SUBMISSION OF ELECTRONIC BIDS - 1 SECTION 3. Said section 2 of chapter 30B, as so appearing, is hereby further amended by inserting after the definition of "Services" the following definition:- "Submission requirements", those requirements which set forth, in either the invitation for bids or the request for proposals, whether the bids or proposals are to be delivered to a specific office address'and, if online/electronic bids or proposals will be accepted, to a specified publicly-accessible website or system sponsored by a governmental body or the commonwealth, which includes encryption, lockbox, date/time stamp, audit trail and secure access features, as may be required, by law. Electronic bids or proposals are only permitted if the governmental body has the electronic capability to maintain the confidentiality of the bids until the bid opening time and the proposals until the evaluation process is complete.. INCREASED BIDDING THRESHOLDS UNDER 30B SECTION 4. Section 4 of said chapter 30B, as so appearing, is hereby amended by striking out, in line 3, the words 15,000 or greater, but less than $25,000" and inserting in place thereof the following words:- $10,000 or greater, but less than $25,000. SECTION 5. Said section 4 of chapter 30B, as so appearing, is hereby further amended by striking out, in line 14, the figure "$5,000" and inserting in place thereof the following figure:- $10,000. SECTION 8. Section 5 of said chapter 30B, as.so appearing, is hereby amended by striking out, in lines 1 to 2, the words "Except as permitted under section six or section eight" and inserting in place thereof the following words:- Except as permitted under section 6, section,6A'or section 8. SUBMISSION OF ELECTRONIC BIDS - 2 SECTION 7. Said section 5 of chapter 30B, as so appearing, is hereby further amended by striking out, in lines 7 to 8, the words: "the address of the office to which bids are to be delivered" and inserting in place thereof the following words:- the bid's submission requirements as defined in section 2. INTERNET ADVERTISING OF PROCUREMENTS - 2 SECTION 8. Said section 5 of chapter 30B, as so appearing, is hereby further amended by inserting after the word "body", in line 32, the following words:- or on a public internet website of either the governmental body of the commonwealth. SUBMISSION OF ELECTRONIC BIDS'-'3 SECTION 9. Section 6 of said chapter 30B, as so appearing, is hereby amended by striking out, in lines 10 to 11, the words: "the address of the office to which the proposals are to be delivered" and inserting in place thereof the' following words:- the proposal's submission requirements as defined in section 2. REVERSE AUCTIONS - 2 SECTION 10. Said chapter 30B is hereby amended by inserting after section 6 the following section:- Section 6A. (a) A procurement officer may enter into procurement contracts in the amount of $50,000 or more utilizing reverse auctions for the acquisition of supplies and services. The reverse auction process shall include a specification of an opening date and time when real-al-time bids may be accepted electronically via the internet, and provide that the procedures shall remain open until the designated closing date and time. (b) All bids on reverse auctions shall-be posted electronically on the internet, updated on a real time basis, and shall allow registered bidders to lower the price of their bid below the lowest bid on the internet. . (c) The procurement officer shall require vendors to register before the reverse auction opening date and time, and as part of the registration, agree to any terms and conditions and other requirements of the solicitation. (d) Reverse auctions shall not be subject to subsections (b), (d) and (f) of section 5 but shall be subject to all other provisions of that section. 56 (Q 2 of 14 2/19, . 1~11v4 January 28, 2009 littp: //w w w. i nstatrac.com/textdeta i 1 s.plip? i d=217224&pri ntabl e-1 (e) The chief procurement officer shall unconditionally accept a bid without alteration or correction, except as provided in this paragraph. After the bidding period closes, a bidder may not change the price or any other provision of the bid in a manner prejudicial to the interests of the governmental body or fair competition. The procurement officer shall waive minor informalities or allow the bidder to correct them. If a mistake in the intended bid is clearly evident on the face of the bid, the procurement officer shall correct the mistake to reflect the intended correct bid and so notify the bidder in writing, and the bidder may not withdraw the bid. A bidder may withdraw the bid if a mistake is clearly evident on the face of the bid but the intended correct bid is not similarly evident. CIVIL SERVICE MAXIMUM AGE SECTION 11. Section 58 of chapter 31 of the General Laws, as so appearing, is hereby amended by inserting after the first.sentence the following sentences:- Appointing authorities that seek to waive the maximum aae requirement for certain individuals shall submit a written application to the administrator. The administrator may waive this requirement based on extenuating circumstances, consistent with the fundamental purposes of the requirement. The administrator may adopt regulations for reviewing these applications. SECTION 12. Section 58A of said chapter 31, as so appearing, is hereby further amended by adding the following 3 sentences:- Appointing authorities that seek to waive the maximum aae requiremeht for certain individuals shall submit a written application to the administrator. The administrator may waive this requirement based on extenuating circumstances, consistent with the fundamental purposes of the requirement: The administrator may adopt regulations for reviewing these applications. REVISED PROVISIONS FOR TRANSFER OF (MUNICIPAL RETIREMENT SYSTEMS INTO PRIT . SECTION 13. Paragraph (c1/2) of subdivision (8) of section 22 of chapter 32 of the General Laws, as inserted by section 2 of chapter 68 of the acts of 2007, is hereby amended by inserting after the word "perpetuity", in the first paragraph, the following words:- , but a system that has voluntarily transferred ownership and control of all of its assets to the PRIM board before receiving a notice from the commission that the system is underperforming, as determined under this section, shall not be subject to the requirement. that the transfer be in perpetuity. SECTION 14. Said paragraph (c1/2) of subdivision (8) of section 22 of chapter 32, as so inserted, is hereby further amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:- A system ordered by the commission to transfer its assets under this paragraph may appeal to the commission for an exemption by filing written notice of its appeal with the commission not later than 30 days after receiving the commission's order to transfer its assets. The commission may grant an exemption from the transfer requirement of this paragraph if the system's rate of return has exceeded the PRIT Fund rate of return for the previous 2 years or if the system's rate of return was affected by other extenuating circumstances. The commission may also consider the system's management costs, its risk return ratio and any other factors it considers appropriate. A system may seek judicial review of the commission's decision to deny an exemption in the manner provided in section 14 of chapter 30A. An exemption granted by the commission under this paragraph shall take effect only upon the approval of a majority of the local governing body as follows: in a.county, by the county commissioners, in a city having a Plan D or Plan E charter, by the city council and the manager, in any other city the city council and the mayor, in a town shall, by the board of selectmen, in a regional retirement system by the regional retirement board advisorv council and in all other districts, by the governing board. The local governing body shall vote whether or not to approve the commission's grant of exemption within 30 days after the commission's decision to provide an exemption. PRO-RATING OF INSURANCE FOR PART-TIME EMPLOYEES SECTION 15 . Section 3 of chapter 32B of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the first paragraph the following paragraph:- For an employee regularly employed for fewer than 37.5 hours per week, the governmental unit may contribute an amount of that employee's premium that is the same proportion -of. the amount paid for a full-time employee's premium as that employee's regular weekly hours is of 37.5 hours. RANSFER OF ELIGIBLE MUNICIPAL RETIREES INTO MEDICARE SECTION 16. Section 18 of chapter 32B is hereby repealed. of 14 January 28, 2009 4of14 http://www. i nstati-ac.coiiVtextdetai Is.plip?i d=217224&,printabl e=1 SECTION 17. Said chapter 32B of the General Laws is hereby amended by striking out section 18A, as inserted by chapter 374 of the acts of 2008, and inserting in place thereof Section 18B. (a) All retirees, their spouses and dependents insured or eligible to be insured under this chapter, if enrolled in Medicare Part A at no cost to the retiree, spouse or dependents or eligible for coverage thereunder at no cost to the retiree, spouse or dependents, shall be required to transfer to a Medicare health plan offered by the governmental unit under section 11 C or section 16, if the benefits. under the plan and Medicare Part A and Part B together shall be of comparable actuarial value to those under the retiree's existing coverage, but a retiree or spouse who has a dependent who is not enrolled or eligible to be enrolled in Medicare Part A at no cost shall not be required to transfer to a Medicare health plan if a transfer requires the retiree or spouse to continue the existing family coverage for the dependent in a plan other than a Medicare health plan offered by the governmental unit. (b) Each retiree shall provide the governmental unit, in such form as the governmental unit shall prescribe, such information as is necessary to transfer to a Medicare health plan. If a retiree does not submit the information required, he shall no longer be eligible for his existing health coverage. The governmental unit may from time to time request from a retiree, a retiree's spouse or a retiree's dependent, proof; certified by the federal government, of eligibility or ineligibility for Medicare Part A and Part B coverage. (c) The governmental unit shall pay any Medicare Part B premium penalty assessed by the federal government on the retiree, spouse or dependent as a result of enrollment in, Medicare Part B at the time of transfer. PROVISION OF GIC COMPARABLE HEALTH INSURANCE SECTION 18. The fourth paragraph of subsection (a) of section 19 of chapter 32B of the General Laws, as inserted by section4 of chapter 67 of the acts of 2007, is hereby amended by striking out, in the eighth and twelfth sentences, the figure "70" and inserting in place thereof, in both instances, the following figure:- 50. SECTION 19. Said section 19 of chapter 32B, as so inserted, is hereby further amended by adding the following subsection:- 0) (1).A political subdivision which does not elect to transfer its subscribers to the arouo insurance commission . under subsection (e) or revokes its acceptance or withdraws from the commission under subsection (h) shall be subject to regulations adopted by the secretary of 'administration and finance creating a process by which to evaluate the subdivision's cost of health care to its employees. (2) Within 7 days after the regulations specified in paragraph (1) have been adopted, and in subsequent years as determined by the regulations, the commission shall submit to the secretary a determination of the average cost per member of the insurance provided by the commission. (3) Within 30 days after these regulations have been adopted, and in subsequent years ass determined by the regulations, each political subdivision subject to this subsection shall submit to the secretary of administration and finance documentation of the cost of the health insurance it provides to its members, including the average cost of insurance per member. (4) If the secretary of administration and finance determines within 30 days of receiving this information that a political subdivision is paying an average cost per member that exceeds the amount paid by the commission by more than a percentage determined in the regulations, the secretary shall notify the political subdivision that it shall demonstrate within 90 days that it will take action to reduce its cost to an average cost per member comparable to that paid by the commission. (5) If the political subdivision does not demonstrate within 90 days after it receives. this notice that it will adjust its health insurance cost to comply with this section, the secretary shall notify the political subdivision that its aeneral aovernment aid for the following fiscal year shall be adjusted to reflect the difference between the political subdivision's cost of health insurance per employee and the commission's cost of health insurance per employee. VALIDATION OF LOCAL ELECTIONS BY SECRETARY OF STATE SECTION 20. Section 10 of chapter 39 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by adding the following paragraph:- After written application by the board of selectmen,.the state secretary may validate or ratify a town meeting, town election and actions taken pursuant to the town meeting or town election, if the secretary determines that inadvertent ~a 2/19/2( .,,:34 AM .ranuary 2a,2UU9 http://www. instatrac.com/textdetai 1s.plhp?i d=2 l 7224&printable= failure to comply with the procedural requirements of this chapter or of a town by-law or charter did not contradict the fundamental purposes of those procedural requirements and was unlikely to affect the outcome of the town election or town meeting. The state secretary may adopt regulations to carry out this paragraph. LONG-TERM MUNICIPAL LEASES SECTION 21. Section 3 of chapter 40 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 4, the word "ten" and inserting in place thereof the following figure:- 99. COLLECTIVE BARGAINING AND REGIONAL ENTITIES SECTION 22. The second paragraph of section 4A of chapter 40 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by adding the following paragraph:- A decision to enter into an intermunicipal agreement. under this section, or to join any regional entity, shall not be subject to collective bargaining under chapter 150E. COLLECTIVE PURCHASING BY EDUCATIONAL COLLABORATIVES< SECTION 23. Said chapter 40 of the General Laws is hereby amended by inserting after section 4E the following section:- Section 4E112.(a) Notwithstanding any general or special law to the contrary, for the benefit of their school programs, education collaboratives, as defined in section 4E,.may make purchases from a vendor's contract that has been competitively procured by another state or political subdivision or public entity thereof for the item or items being purchased. (b) These education collaboratives shall not be subject to subsection (c) of section 1 of chapter 30B or section 22A of chapter 7 insofar as those laws preclude out-of-state collective purchases by education collaboratives for a period not to exceed 2 years after the effective date. of this section, but those provisions shall apply to any collective purchasing by education collaboratives that occurs more than 2 years after that. date. i (c) The inspector aenerai shall review the process by which education collaboratives are making out-of-state collective purchases. Education collaboratives participating in.out-of-state collective purchasing must submit biannually the following summary information to the office of the inspector general: (1) the entity from which the purchase was made and, if the purchase was from a state, political subdivision or a public entity of another state, what information informed-them that the out-of-state entity was a political subdivision or a.public entity, (2) a full and complete description of the items purchased, and (3) documentation of savings obtained, with relevant Massachusetts cost comparisons. M UTUAL Al D AG REEM ENT SECTION 24. Said chapter 40 of the General Laws is hereby amended by inserting after section 41 the following section:- Section 4J. There shall be a Statewide Mutual Aid Agreement, the purpose of which is to create a framework for the provision of mutual aid assistance among the parties to the Agreement in the case of any public safety incident. The assistance to be provided under the Agreement shall include but not be limited to fire service, law enforcement, emergency. Medical services, transportation, communications, public works, engineering, building inspection, planning and information assistance, mass care, resource support, public health, health and medical services, search and rescue, and any other resource, equipment or personnel that a party to the Agreement may request or provide in anticipation of, or in response to, a public safety incident. Article 1. DEFINITIONS As used in this Agreement, the following terms shall have.the following meanings: "Agreement", this Statewide Mutual Aid Agreement established by this section. "Authorized representative", in the case of a city or town, the mayor, city manager, town manager, town i.. -Jrninistrator, executive secretary, police chief or on-duty shift commander of the police department, fire chief or r ` on-duty shift commander of the fire department, health director or chair person of the board of health, and-the emeraencv manaaement director. In the case of a governmental unit that is not a city or town, the chief executive q officer or on-duty shift supervisor. -1 of 14 January 28, 2009 http://www.instatrac.coilVtextdetai ls.php? i d=2 i 7224&printabie=l "Emergency Management Assistance Compact" or "EMAC", the interstate compact that provides for mutual assistance between the commonwealth and certain other states pursuant to chapter 339 of the acts of 2000. "Employee", a person employed full time or part time by a governmental unit, a volunteer officially operating under a governmental unit, or a person contractually providing services to a governmental unit. "Governmental unit", a city, a town, a county, a regional transit authority established under chapter 161 B, a water or sewer commission or district established under the provisions of chapter 40N or pursuant to a special law, a fire district, a regional health district established under the provisions of chapter 111, the Massachusetts Port Authority, a regional school district, a law enforcement council, or any other political subdivision of the commonwealth. "Incident command system" or "ICS", the standardized National Incident Management System (NIMS) that establishes an on-scene management system of procedures for controlling personnel,. facilities, equipment and communications from different agencies to work together towards a common goal in an effective and efficient manner. ICS is the chain of leadership and command at the scene of an emergency or other event for which mutual aid assistance is provided. "International Emergency Management Assistance Compact" or "IEMAC", the international compact that provides for mutual aid between the commonwealth and certain other states and provinces of Canada pursuant to section 58 of chapter 300 of the acts of 2002. "Law Enforcement Council", a non-profit corporation organized under chapter 180 whose directorate includes municipal police chiefs and whose membership includes (a) municipalities whose participation in the council has been authorized by their principal executives, and (b) other law enforcement agencies; and whose purpose is to provide: (1) mutual aid to its members pursuant to mutual aid agreements; (2) mutual aid or requisitions for aid to non-members consistent with section 8G of this chapter or section 99 of chapter 41; and, (3) enhanced public safetv by otherwise sharing resources.and personnel. "MEMA", the Massachusetts emergency management agency. "Mutual aid assistance", cross-jurisdictional provision of emergency services, materials or facilities by agencies or organizations to assist each other when.existing resources are or may be inadequate. "Party", a governmental unit that is a party to the Agreement under this section. "Public safety incident", an event, emergency or disaster, that threatens or causes harm to public health, safety and/or welfare and that exceeds, or reasonably may be expected to exceed, the. response or recovery capabilities of any governmental unit. These events include, but are not limited to, natural and manmade disasters, technological hazards, planned events, civil unrest, health related events and emergencies, acts of terrorism, and trainings and exercises that test and simulate the ability to manage, respond to or recover from any of these events. "Requesting party", a party that requests aid or assistance from another party pursuant to the Agreement. "Sending party", a party that renders aid or assistance to another party under the Agreement. Article Il. PARTIES TO THE AGREEMENT A. Cities and Towns If a city or town wishes to join the Agreement, the mayor in the case of a city, the city manager in the case of a Plan D or E city, or the town manager, town administrator, or chair of the board of selectmen upon approval by a majority vote of the board of selectmen, may act on behalf of the city or town to join the agreement by notifying the director of MEMA in writing. The municipality shall be a party to the Agreement 30 days after receipt by MEMA of the written notification. If a city or town has joined the Agreement but wishes to opt out of the Agreement, the mayor in the case of a city, the city manager in the case of a Plan D or E city, or the town manager,. town administrator, or chair of the board of selectmen upon approval by a majority vote of the board of selectmen in the case of a town, may act on behalf of the city or town to opt out of the Agreement by notifying MEMA in writing. The removal of the municipality from the 6 of 14 2/19/, - ~v..J4 AM .ianuary 28, '2uu9 http://www . i nstat *ac. coiiVtextdotai 1 s.plip? i d=217224R:pri ntab le=1 Agreement shall take effect 10 days after receipt by MEMA of the written notification B. Other Governmental Units If a governmental unit that is not a city or town wishes to join the Agreement, the chief executive officer of the governmental unit'may act on its behalf to join the agreement by notifying the director of MEMA in writing. The governmental unit shall be a party to the Agreement 30 days after receipt by MEMA of the written notification. If a governmental unit has joined the Agreement but wishes to opt out of the Agreement, the chief executive officer of the governmental unit may act on its behalf to opt out of the Agreement by notifying MEMA in writing. The removal of the municipality from the Agreementement shall take effect 10 days after receipt by MEMA of the written notification. C: Cities and Towns in Adjoining States A city or town that directly borders a city or town of the commonwealth,. but is in another state, may join the Agreement. A duly authorized officer of such a city or town shall provide written notice to the director of MEMA of its intent to join the Agreement together with a valid written certification of the lawfulness of his or her action and authority. The city or town shall be a party to the Agreement 10 days following receipt by MEMA of the written notification. The officer or successor in office of such a city or town in another state that has joined the Agreement may act on behalf of the city or town to remove itself as a party by notifying the director of MEMA in writing of its intent. The removal of the city or town from the Agreement shall take effect 30 days after receipt by MEMA of the written notification. Article III. REQUESTS FOR MUTUAL AID ASSISTANCE A request by a party to receive mutual aid assistance under to the Agreement must be made by an authorized representative-of the requesting party and must be communicated to an authorized representative of the sending party or to MEMA. Such a request may be communicated orally or in writing. If communicated orally, the requesting party shall reduce the request to writing and deliver it to the sending party or to. MEMA at the earliest possible date, but no later than 72 hours after making the oral request. A party to the Agreement may request mutual aid assistance during, in anticipation of, or as a result of a oublic safety incident. An oral or written request for mutual aid assistance under the Agreement shall include the following information: (1) a description of the public safety incident; (2) the nature, type and amount of personnel, equipment, materials, supplies or other resources being requested; '(3) the manner in which the resources will be used and deployed; (4) a reasonable estimate of the length of time the resources will be needed; (5) the location to which the resources should be deployed; and (6) and the requesting party's point of contact. A party than receives a. request for mutual aid assistance shall, to the extent reasonable and practicable under the circumstances, provide and make available the resources requested by the requesting party. However, a party may withhold. requested resources to the extent necessary to provide reasonable protection and coverage for its own jurisdiction. Article IV. SUPERVISION; CONTROL; OPERATION OF EQUIPMENT The requesting party shall be responsible for the overall operation; assignment and deployment of resources and personnel provided by a sending party consistent with the NIMS and the Incident Command System. The sending party shall retain direct supervision and command and control of personnel,rsonnel, equipment and resources provided by the sending party unless otherwise agreed to by the requesting party and sending party. . During the course of rendering mutual aid assistance under this Agreement, the sending party shall be responsible for the operation of its equipment and for any damage thereto unless the sending party and the, requesting party agree otherwise. Article V. COSTS AND REIMBURSEMENT Except as set forth in this Agreement; all expenses incurred by the sending party in rendering mutual aid assistance pursuant to the Agreement shall be paid by the sending party. But a requesting party may agree to pay the expenses incurred by a sending party. )f 14 , , J anuary 28, 2009 http://www.iiistati-ac.colii/textdetai I s.php? i d=217234&printable= I A sending party shall document its costs of providing mutual aid assistance under the Agreement, including direct and indirect payroll and employee benefit costs, travel costs, repair costs, and the costs of materials and supplies. A sending party also shall document the use of its equipment, and the quantities of materials and supplies used while providing mutual aid assistance under the Agreement. A sending party shall cooperate with a requesting party in documenting costs associated with providing mutual aid assistance under the Agreement and seeking reimbursement for such costs. Except as set .forth in this Agreement, there shall be no expectation of automatic, necessary or contractual reimbursement to a sending party for providing mutual aid assistance under the Agreement. But a requesting party and a sending party may enter into agreements for reimbursement of costs associated with providing mutual aid assistance. Except as otherwise agreed to by the requesting and sending parties, the requesting party shall seek reimbursement under any applicable federal and state disaster assistance programs for the costs of responding to and dealing with the public safety incident, including the mutual aid assistance costs incurred by all sending parties. The requesting party and each sending party shall receive, based on the documented costs of providing mutual aid assistance, its pro rata share of the disaster assistance compensation and reimbursement provided to the requesting party. Article VI. OTHER MUTUAL AID AGREEMENTS This section shall not affect, supersede or invalidate any other statutory or contractual mutual aid or assistance agreements involving parties to the Agreement. A party may enter into supplementary mutual aid agreements with other parties or jurisdictions. .In the event of a conflict between the. Agreement and any lawful supplementary or preexisting statutory or contractual mutual aid assistance agreement, the supplementary or preexisting agreement shall take precedence over the Agreement. While providing mutual aid assistance under the Agreement in the geographical jurisdiction or location of a requesting party, employees of a sending party shall be. afforded the same powers, duties, rights and privileges as they are afforded in the sending party's geographical jurisdiction or location. Employees of a sending party who hold a valid license, certificate, or other permit in their geographical jurisdiction evidencing the meeting of qualifications for professional', mechanical or other skills, shall be considered similarly licensed, certified or permittedr in the requesting party's geographical jurisdiction or location during the time that they are providing mutual aid assistance under the Agreement. Article VIII. WAGES & COMPENSATION Employees of a sending party, while providing mutual aid assistance under this Agreement, shall receive the same salary, including overtime, that they would be entitled to receive if they were operating in their own geographical jurisdiction: In the absence of an agreement to the contrary, the sending party shall be responsible for, and pay, all .such salary expenses, including overtime. Article IX. LIABILITY In transit to, returning from, and while providing mutual aid assistance under the Agreement in the requesting party's jurisdiction or location, employees of a sending party shall have the same rights of defense, immunity and indemnification that they otherwise would have under the law if they were acting within the scope of their employment under the direction of their employer. A sending party shall provide to, and maintain for, each of its employees who provide mutual aid assistance under the Agreement the same indemnification, defense, right to immunity, employee benefits, death benefits, worker's compensation or similar protection, and insurance coverage that would be provided to such employees if they were performing similar services in the sending party's jurisdiction. Each party to the Agreement. waives all claims and causes of action against all other parties that may arise out of their activities while rendering or receiving mutual aid assistance under this Agreement, including travel outside of its jurisdiction. Each requesting party shall defend, indemnify and hold harmless each sending party from all claims by third parties for property damage or personal injury which may arise out of the activities of the sending party or its employees, including travel, of providing mutual aid assistance under the Agreement. 8 of 14 _>/2009 10:34 AM ,ianuary 2zs, 2uuy http://wNvw.instatrac.com/textdetails.php?id=217224&.printable-l Article X. EMERGENCY MANAGEMENT ASSISTANCE COMPACTS The director of MEMA or the director's designee shall be the person authorized under EMAC and IEMAC to (i) receive, coordinate, and answer all requests to the commonwealthalth to provide mutual aid assistance to another state or country pursuant to EMAC and IEMAC, and (ii) make and coordinate all requests on behalf of the commonwealth to another state or country to receive mutual aid assistance pursuant to EMAC and IEMAC. MEMA shall be the agency of the commonwealth authorized to dispatch resources of the commonwealth or of a governmental unit to another state or country to provide mutual aid assistance pursuant to EMAC and IEMAC. Employees of a governmental unit who, at the request and with the. approval of*MEMA, render mutual aid assistance to another state or country pursuant to EMAC or IEMAC shall be considered to be emergency forces and officers of the commonwealth for the limited purpose of effectuating the purposes of EMAC and IEMAC. . 'Employees of, the, commonwealth or a governmental unit who, at the request and with the approval of MEMA, render mutual aid assistance to another-state or country pursuant to EMAC or IEMAC shall; except as.otherwise provided for in this.Agreement or in EMAC or IEMAC, be provided the same compensation, rights, responsibilities, benefits and protections that they would be entitled to receive if they were operating in their own geographical jurisdiction. The commonwealth shall reimburse each governmental unit for the reasonable expenses incurred in rendering mutual aid.assistance under EMAC or IEMAC at the request and with the approval of MEMA, including direct and. indirect payroll costs, overtime costs, travel costs, repair costs,- replacement costs, costs of materials and supplies, and injury or death benefits. REVIEW OF ASSESSMENT CERTIFICATION SCHEDULE SECTION 25. Section 56 of said chapter 40, as so appearing, is hereby amended by adding the following paragraph:- Notwithstanding the first paragraph or any other general or special law, the commissioner may, from time to time, issue a revised schedule for the year in which he shall certify whether the board of assessors is assessing property at cull and' fair cash valuation. After the schedule is issued, a city or town may classify in the manner set forth in this section for any year before the next year of certification established in the schedule for the city or town. In arranging the schedule the commissioner shall, so far as practicable and appropriate, consider but not be limited to the,following goals: balancing the number of certification reviews conducted in each year of the triennial period, facilitating and implementing joint or cooperative assessing agreements or districts, assisting boards of assessors to comply with any minimum standards of assessment performance established under section 1 of chapter 58 and producing uniformity in the valuation, classification and assessment of. property within each city or town and throughout the commonwealth. JOINT OR REGIONAL ASSESSING AGREEMENTS SECTION 26. Chapter 41 of the General Laws is hereby amended by striking out section 308, as appearing in the 2006 Official Edition, and inserting in place thereof the following section:- Section 3013. (a) Notwithstanding any general or special law, or any municipal charter, vote, bylaw,. or ordinance, any 2,or more cities and towns may by vote of their legislative bodies enter into an agreement for joint or cooperative assessing, classification and valuation of property. Such agreement shall be for a term riot to exceed 25 years and provide for: (1) the division, merger or consolidation of administrative functions between or among the parties,. or the performances thereof by one city or town on behalf of all the parties; (2) the financing of the joint or cooperative undertaking; (3) the rights and responsibilities of the parties with respect to the direction and supervision of the work to.be performed and with. respect to the administration of the assessing office including the receipt and disbursement o f f unds, the maintenance of accounts and records and the auditing of accounts; (4) annual reports of the assessor to the constituent parties; (5) the duration of the agreement and procedures for amendment, withdrawal or termination thereof; and 5a- >f 14 January 28, 2009 (6) any other necessary or appropriate matter. http: //www. iiistatrac.corn/textdetai l s.php? i d=217224&,printabl e= l (b) An agreement under this section may also provide for the formation of a single assessing department for the purpose of employing assistant assessors and necessary staff and performing all administrative functions. An agreement may also vest in 1 person, the board of assessors of 1 of the parties or a regional board of assessors comprised of at least 1 representative from each of the parties and-selected in the manner set forth in the agreement all the powers and duties of the boards of assessors and assessing departments of the parties. In that case, the existing boards of assessors of the other parties, or of all the parties if their assessors' powers and duties are vested in 1 person, shall terminate in accordance with section 2 for the duration of the agreement. Unless the agreement provides for the board of assessors of 1 of the parties to serve as the assessors for all parties, or 1 city or town to act on behalf of all parties, the agreement shall designate an appointing authority representing all of the parties, which'shall be responsible for the appointment of an assessor, designate to the extent required by the agreement, the appointing authority for any assistant assessors and. other staff, and in the case of withdrawal or termination of the agreement, determine the employment of any employee of one of the parties that became part of a single assessing department. Subject to the rules'and regulations established by the commissioner of revenue pursuant to. section 1 of chapter 58, the agreement shall provide for qualifications, terms and conditions of employment for the assessor and employees of his office. The agreement may provide for inclusion of the assessor and said employees in insurance, retirement programs and other benefit programs of one of the constituent parties, but all parties to the agreement shall be responsible for paying a proportionate share of the current and future costs of benefits associated with the appointment or employment of all persons performing services for them during the duration of the agreement. Any city or town party to such an agreement shall include employeesyees under the joint assessing agreement in such programs in accordance with the terms of the agreement. (c) Cities and towns may become parties to any existing agreement with the approval of the other parties. (d) No agreement or amendment to an agreement for joint or cooperative assessing made pursuant to this section shall take effect until it has been approved in writing by the commissioner of revenue. FLEXIBILITY IN MUNICIPAL BORROWING SECTION 27. Section 7 of chapter 44 of the General Laws, as so appearing, is hereby amended by inserting after the word "specified", in line 3, the following words: - or, except with respect to clauses (11), (16), (18), (21) and (22), within such longer period not to exceed 30 years based upon the maximum useful life of the.publicwork,. improvement or asset being financed, as determined in accordance with guidelines established by the division of local services of the department of revenue. SECTION 28. Said section 7 of said chapter 44, as so appearing, is hereby further amended by striking out in lines 50 to 53 the words "or for such maximum term, not exceeding 15 years, based upon the maximum useful life of the equipment as determined by the board of selectmen or the mayor or city manager of the city or town". SECTION 29. Said section 7 of said chapter 44, as so appearing, is hereby further amended by inserting after clause (31) the following clause:- (32) For any other public work, improvement or asset not specified in any of the above clauses, with a maximum useful life of at least 5 years, determined as provided in the first sentence of this section, 5 years. SECTION 30. Section 8 of said chapter 44, as so appearing, is hereby amended by inserting after the word '`specified", in line 3, the following words: - or except with respect to clauses (1), (2), (3A), (5), (6), (7), (9) and (19), within such longer period not to exceed 30 years based upon the maximum useful life of the public work, improvement or asset being financed as determined in accordance-with guidelines established by the division of local services of the department. of revenue. SECTION 31. Said section 8 of said chapter 44, as so appearing, is hereby further amended by striking out, in lines 77 and 78, the words "a board composed of the* attorney general, the state treasurer and the director" and inserting in .place thereof the following words: - the municipal finance oversight board. SECTION 32. Said section 8 of saidaid chapter 44, as so appearing, is hereby further amended by inserting after the word "vote", in line 190, the following words: - , provided, however, that debt under clause (9) of this section may be authorized by the treasurer of a city, with the approval of the official whose approval is required by the city charter in the borrowing of money, the treasurer of a town with a town council form of government, with the approval of the official whose approval is required'by the town charter in the borrowing of money, the treasurer of a town without a town 10 of 14 34 AM aauuary %a, !UU9 http://www.instatrac.com/textdetails.php?id=217224&printable= council form of government, with the approval of the board of selectmen, and the treasurer of a district, with the approval of the prudential committee, if any, otherwise of the commissioners. SECTION 33. Said chapter 44 is hereby further amended by striking out section 19, as so appearing, and inserting . in place thereof the following section:- Section 19. Cities, towns and districts shall not issue any notes payable on demand, and they shall provide for the payment of all debts, except temporary loans incurred under sections 4, 6, 6A, 8C, and 17, or under section 3 ,of chapter 74 of the acts of 1945, by annual payments that will extinguish the same at maturity, and so that the first of these annual. payments on account of any serial loan shall be made not later than the end of the next complete fiscal year commencing after the date of the bonds or notes issued for the serial loan, and.shall be arranged so that for each issue the amounts payable in the several years for principal and interest combined shall be as nearly equal as practicable in the opinion of the officers authorized to issue the bonds or notes, or in the alternative, in accordance with a schedule providing a more rapid amortization of principal: and these annual amounts, together with the interest on all debts, shall, without further vote,. be assessed until the debt is extinguished. ' SECTION 34. Section 21A of said chapter 44, as so appearing; is hereby amended by inserting after the word "law", in line 10, the following words: - , and provided further that no order or vote authorizing the issuance of refunding bonds or notes shall be subject to any referendum provisions contained in any general or special law, any city or town charter; any city ordinance or town by-law, or other provision. SECTION 35. Section 22 of said chapter 44, as so appearing, is hereby amended by adding the following sentence: Notwithstanding the above, the selectmen may delegate to the town treasurer the approval of the rate or rates of interest with any limitations that the selectmen determine to be in the best interests of the town. SECTION 36. Section 22A of said chapter 44, as so appearing, is hereby amended.by striking out, the first sentence and inserting. in place thereof the following sentence: - Bonds or notes issued by a city may. be secured in whole or in part by insurance or by letters or lines of credit or other credit facilities, provided that the city treasurer and mayor or city manager, as applicable, determine that issuing bonds or notes on this basis is.in'the best interests SECTION 37. Section 22B of said chapter 44 is. hereby repealed. ELIMINATION OF FEE FOR STATE HOUSE NOTES SECTION 38. Section 26 of said chapter 44 is hereby repealed. STREAMLINED ABATEMENT PROCESS SECTION 39. Section 8 of chapter 58 of the General Laws, as so appearing, is hereby amended by striking out the second and third paragraphs and inserting in place thereof the following paragraph:- The commissioner shall make, and from time to time revise, rules and regulations necessary for establishing an expedited procedure for granting authority to abate,taxes, assessments, rates, charges, costs or interest under this section in such cases as he determines are in the public interest and shall from time to time for such periods as he considers appropriate authorize the assessors or the board or officer assessing the tax, assessment, rate or charge, to grant these abatements. No abatement authorized by these procedures shall be granted unless the assessors or board or officer shall certify, in writing, under.pains and penalties. of perjury that the procedures have been followed: The commissioner shall require yearly reports and audits of these abatements by assessors or boards or officers that the commissioner considers necessary to ensure that any authority. granted under this paragraph has been properly exercised, and shall withdraw this grant of authority to any particular assessors, board or officer upon his written determination that the authority has been improperly exercised. The commissioner may make, and from time to time revise, reasonable rules and regulations that he considers necessary to carry out this paragraph. AUDIT OF PERSONAL PROPERTY. RETURNS SECTION 40. Section 29 of chapter 59 of the General Laws, as so appearing, is hereby amended by striking out, in line 20, the words ""thirty days after the mailing of the tax bills" and inserting in place thereof the following words"- the fast day for filing an application for abatement of the tax. SECTION 41. Said chapter 59 is hereby further amended by inserting after section 31 the following section:- Section 31 A. For the purpose of verifying that any person required to file a true list of taxable aersorial oroaerty under t*' J of 14 January 28, 2009 http://www.instatrac.com/textdetai ls.plip?id=217224&printable=l section 29 has made a complete and accurate accounting of that property, the assessors may at any time within 3. years after the date the list was due, or the date the list was filed, whichever is later, examine the books, papers, records and other data of the person required to file the list. The assessors may compel production of books, papers, records andnd other data of the person through issuance of a summons served in the same manner as summonses for witnesses in criminal cases issued on behalf of the commonwealth, and all provisions of law relative to summonses in such cases shall, so far as applicable, apply to summonses issued under this section. Any justice of the supreme judicial court or of the superior court may, upon the application of the assessors, compel the production of books, papers, records, and other data in the same manner and to the same extent as before the said courts. SECTION 42. Section 32 of said chapter 59, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following 2 sentences:- Lists filed under section 29 and books, papers, records and other data obtained under section 31A, shall be open to the inspection of the assessors, the commissioner, the deputies, clerks and assistants of either the assessors or the commissioner and any designated private auditor of the commissioner or the assessors as may have occasion to inspect the lists, books, papers, records and other data in the performance of their official, contractual or designated duties, but so much of the lists, books, papers,, records and othbr data as shows the details of the personal estate shall not be open to any other person except.by order of a court. For purposes of this section, a designated private auditor. shall be an individual, corporation or other legal entity selected by the commissioner or. any city'or town to value personal orooerty or perform an audit which includes the assessing department of a city or town under any legal authority, including the examination of records under section 31 A, an audit under sections 40 or 42A of chapter 44 or an investigation under section 46A of chapter 44. SECTION 43. Said chapter 59 of the General Laws, as so appearing, is hereby further amended by inserting after section 42 the following section:_ Section 42A. For the purpose of verifying that any owner of a pipeline orb telephone or telegraph company required to make a return under section 38A or 41 has made a complete and accurate accounting of the property required to be returned, the commissioner shall have all the powers and remedies provided by section 31A to assessors of cities and towns. If, the commissioner reasonably believes, as a result of an examination of books, papers, records, and other data or otherwise, that taxable personal property for a fiscal year was not valued or was incorrectly valued, the commissioner may, not later than .3 years and 6 months after the date the return was due, or the date the return was filed, whichever is later, certify an amended valuation to the owner of the pipeline or telephone or telegraph company and boards of assessors of the cities and towns where the property was subject to taxation for that year. Not later than 2 months after the date of the amended certification, the assessors shall assess and commit to the collector with their warrant for collection an additional tax to the owner of the pipeline or telephone or telegraph company. Any owner or company aggrieved by the assessment of the additional tax may, within 1 month after the bill or notice of the additional assessment is first sent, appeal the valuation to the appellate tax board. The appeal shall name as appellees the. commissioner and board of assessors. Except as otherwisewise provided in this section, the hearing and appeal before the aooellate tax board shall proceed in the same manner as an appeal of the valuations originally certified by the commissioner. SECTION 44. Section 61 of said chapter 59, as so appearing, is hereby amended by inserting after the word "twenty-nine", in line 4, the following words:- , and complied with any requests by the assessors to examine books, papers, records, and other data under section 31A. SECTION 45. Said section 61 of chapter 59, as so appearing, is hereby further amended by inserting after the word "twenty=nine", in line 6,. the following words:- , or the person has not complied with any requests by the assessors to examine books, papers, records, and other data under section 31A. SECTION 46, Section 75 of said chapter 59, as so appearing, is hereby amended by striking the first sentence and inserting in place thereof the following 3 sentences:- If any parcel of real property or the personal orooertv of a person has been unintentionally omitted from the annual assessment of taxes due to clerical or data processing error or other good faith reason, or if the personal property of a person was omitted from the annual assessment of taxes but discovered upon an.examination.of books, papers, ' records, and other data under section 31A, the assessors shall in accordance-with any rules, regulations. and guidelines as the commissioner may prescribe, assess such person for such property. Except for personal property found after an examination under section 31A which shall be made no later than 3 years and 6 months after the date the true list in which such property should have been returned was due, or the date the return was filed, whichever is later, no such . assessment shall be made later than June 20 of the taxable year, or 90 days after the date on which the tax bills are 6 , 12 of 14 2/,9/2009 10:34 AM ~auuaY).:0, LUVy http://ww\nr..instatrac.coni/textdetai ls.php? id=217224&.printable= mailed, whichever is later. The assessors shall annually, not later than June 30 of the taxable year, or 100 days after the date on which the tax bills are mailed, if mailed after March 22, return to the commissioner a statement showing the amounts of additional taxes so assessed. SECTION 47. Section 76 of said chapter 59, as so appearing, is hereby amended by inserting after the word "reason", in line 3, the following words:- , or due to discovery upon an examination of books, papers, records, and other data under. section 31A that the property was not accurately or properly reported. FLEXIBILITY IN REGIONAL SCHOOL DISTRICT BORROWING SECTION 48. Section 16 of chapter 71 of the General Laws, as so appearing,'is hereby amended by striking out the first paragraph of clause (d) and inserting in place thereof the following paragraph: (d.) To incur debt for the purpose of acquiring land and constructing, reconstructing, adding to, and equipping a school buildina or buildings or for the purpose of remodeling and making extraordinary repairs to a school building or buildings and for the construction of sewerage systems and sewerage treatment and disposal facilities, or for the purchase or use of such systems with municipalities, and for the purpose of purchasing department equipment; or for the purpose of constructing, reconstructing or making improvements to outdoor playground, athletic or recreational facilities; or for the purpose of constructing, reconstructing or resurfacing roadways and, parking lots; or for the purpose of any other public work or improvement of a permanent nature required by the district; or for the purpose of any planning, architectural or engineering costs relating to any of the above purposes; provided, however that written notice of the amount of the debt and of the general purposes for which it was authorized shall be given to the board.of selectmen in each of the towns comprising. the district not later than 7 days after the date on which the debt was authorized by the district committee; and no debt may be incurred until the expiration of 60 days after the date on which the debt was authorized; and before the expiration of this period any member town of the regional school district may hold a town meetina for the purpose of expressing disapproval of the amount of debt authorized,by the district committee,.and if at that meeting a majority of the voters present and voting express disapproval of the amount authorized by the district committee, the debt shall not be incurred and the district school committee shall prepare another proposal which may be the same as any.prior proposal and an authorization to incur debt therefor. Debt incurred under this section shall be payable within 30 years, but.no such debt shall be issued for a period longer than the maximum useful, life of the project being financed as determined in accordance with guidelines established by the division of local services of the department of revenue. LOCAL LICENSING AUTHORITY DISCRETION TO ESTABLISH QUOTA SECTION 49. Chapter 138 of the General Laws is hereby amended by striking out section 17, as appearing in the 2006 Official Edition, and inserting in place thereof the following section:- Section 17. The legislative body of each city or town that.has voted to grant licenses for the sale of alcoholic . beveraaes as provided in section 11 shall determine the number of licenses issued in the city or town under sections 12 and 15 . Cities or towns that have voted. to grant licenses as provided in section 11 may grant seasonal licenses under section 12 in a number determined by the legislative body. SECTION.50. Sections 17A, 7B and 17C of said chapter 138 are hereby repealed. SECTION 51. The number'of licenses for the sale of alcoholic beverages allowed by prior law shall continue in force until changed by the legislative body under section 17 of chapter 138 of the General Laws. INCREASED THRESHOLD FOR CONSTRUCTION BONDS SECTION 52. Section 29 of chapter 149 of the General Laws, as so appearing, is hereby amended by striking out, in lines 6 to 7, the words "in the case of the commonwealth is.more than five thousand dollars, and in any other case is more than two thousand dollars" and inserting in place thereof the following words:- is more than $25,000. SEPARATE TAXATION OF CONDO DEVELOPMENT RIGHTS/OTHER INTERESTS SECTION 53. Section 14 of chapter 183A of the General Laws, as so appearing, is hereby amended by inserting after the first sentence the following 2 sentences:- Any reserved development right.or other interest in those areas and facilities that is adverse to the interests of unit owners in the areas and facilities shall be separately assessed and taxed to the owner of the adverse interest. The lien for those taxes shall attach to the interest so assessed and, to the extent the interest expires or is otherwise 'S of 14 January 28, 2009 littp://www. instatrac.conVtextdetai 1 s.php? i d=217224&printabl e=1 extinguished, to units in the condominium created after the assessment of the interest, but not to units against which property taxes were separately assessed in the same fiscal year the interest was assessed. RETIREMENT SYSTEM FUNDING RELIEF SECTION 54. Notwithstanding any general or special law to the contrary, the actuary of the public emDlovee retirement administration commission may establish appropriations in fiscal years 2010 and 2011 that are equal to the appropriations made in fiscal year 2009. In any system which chooses to conduct an actuarial valuation as of January 1, 2009, the actuary may establish the following appropriations in fiscal years 2010 to 2012: (a) in fiscal year 2010, an appropriation may be established that is less than the appropriation made in fiscal year 2009 but at least 90 per cent of the appropriation made in fiscal year 2009; (b) in fiscal year 2011, an appropriation may be established that is less than the appropriation made in fiscal year 2009 but at least 95 percent of the appropriation made in fiscal year 2009; and (c) in fiscal year 2012, an appropriation may be established that is equal to the appropriation made in fiscal year 2009. AMORTIZATION OF FY 09 REVENUE DEFICIT SECTION 55. Notwithstanding section 23 of chapter 59 of the General Laws, or any other special or general law, any city or town may amortize over the 3 fiscal years 2010, 2011 and 2012, in equal installments or more rapidly, an amount of its fiscal year 2009 revenue deficit not to exceed the amount of reductions in local aid made by the governor under section 9C of chapter 29 of the General Laws. The commissioner of revenue may allow a city or town that have not yet set its tax rates for fiscal year 2009 to use as an estimated revenue in determining its fiscal year 2009 tax rate the amount of local aid appropriated in the state budget, withoutout any decrease on account of reductions made by the governor under section 9C. The local appropriating authority as defined in section 21 C of chapter 59 of the General Laws shall adopt a deficit amortization schedule before the setting of the municipal tax rate, consistent with the first sentence of this section. The commissioner of revenue may issue guidelines or instructions for reporting the amortization of deficits authorized by'this section. CONDO DEVELOPMENT RIGHTS EFFECTIVE DATE SECTION 56. Section 53 shall take effect on January 1, 2009. at 14 of 14 2/19/2009 10:34 AM 3 13A LeiJ,L4 4 r-,~ \AC, 60 ctrl v ~MIVRA TE ILI ADVISORY o BOARD y 1-4ws A PUBLICATION OF THE MWRA ADvisORY BOARD JANUARY 2009 GOVERNOR RELEASES HOUSE ONE; ADVISORY BOARD'S EXPANDED BOTTLE BILL APPROACH IS FEATURED Governor Patrick released his $28 billion budget proposal for the state's FY10 budget on January 28, 2009. The Governor championed an MWRA. Advisory Board initiative that expands the existing Bottle Bill to include deposits on bottled water. The budget proposal includes $20 million in projected revenue from unclaimed deposits, of which $10 million would be used for water and sewer rate relief. The other $10 million would be split between local recycling programs and other project priorities. The expanded Bottle Bill is one of four new initiatives supported by the Advisory Board and the MWRA to generate new sources of funding for water and sewer infrastructure needs. The Advisory Board thanks the Governor for including rate relief as a priority in his budget and looks forward to continuing discussion on this approach and others in the upcoming budget season. In the Legislative Branch, the 186t1' General Court convened its first formal session this month, kicking ori' a new two-year session. The MWRA Caucus will gain ten new members from within the service area, The Advisory Board and the MWRA hosted a joint bill-signing day where Legislators signed onto eleven pieces of legislation that were filed for this month's bill filing deadline. Four new initiatives address funding for water and sewer infrastructure: other legislative priorities include lead service replacement programs, PILOT payments and Infiltration & Inflow assistance. i_ ns sc a J I - t f is y~ z, Z U_ 9~ u' RATEPAYERS THANK DIMASI FOR LEADERSHIP AND WELCOME SPEAKER DELEO After thirty years serving in the Massachusetts House of Representatives, Speaker Salvatore DiMasi announced that he was stepping down from his seat, effective January 27, 2009. On behalf of the cities and towns in the MWRA service area, the Advisory Board extends its sincere appreciation to Speaker DiMasi for his leadership during his time in office. From his role as Representative to Majority Leader to Speaker of the House, DiMasi has been a strong advocate for ratepayers. Chairman Robert DeLeo of Winthrop was elected to replace DiMasi as Speaker of the House. DeLeo is the former Chairman of the MWRA Caucus and former Chairman of House Ways & Means Committee. He has worked tirelessly on behalf of ratepayers throughout his career on Beacon Hill. Ratepayers welcome Speaker DeLeo and look forward to continued work with him in the future. Reports of the state's budget outlook continue to be grim. Governor Patrick recently used expanded 9C powers to cut $128 million in local aid for FY09. FY1.0 revenue is projected to be $3 billion lower than FY09. Information on Governor Patrick's proposal for an Expanded Bottle Bill in House One can be found here: littp://www.rnass.gov/bb/hl/fylOhl/execlO/hbudbrief27.htm UPCOMING MEETINGS FEBRUARY 11: MWRA BOARD oPDIRBCTORs/ 10 AM--CHARLEs'rowN FEBRUARY 13: EXrCUTIVE COMMITTEE/ 8:30 AM - BOSTON FEBRUARY 19: MWRAADVisoizyBOARD/ 11:30AM-BOSTON -TBD ADVISORY BOARD ASKS FOR RATES MEETING In a recent letter to MWRA Board Chairman Ian Bowles and Fred Laskey, Executive Director of the MWRA, Katherine Dunphy, Chairwoman of the MWRA Advisory Board, called for a meeting to address the pressing concerns of the fiscal climate and the development of the FYI, 0 budget. The meeting of the MWRA Board of Directors, the Advisory Board's Executive Committee, and both staffs would address key topics including capital financing, interest rate assumptions, non-rate revenues and investment income, use of rate stabilization funds, and assumptions for Authority operations. The difficult financial circumstances on the federal level are impacting the local level and ratepayers; a rate summit would allow early collaboration in the budget process to strengthen the Authority's budget proposals. Read the Advisory Board's letter here: www.mwi-aadvisorvboard.com /f )you. have any questions regarding topics raised in this newsletter or anv other AfPVRA issue, please contact: Christine Hevelone-Byler, Government & Media Coordinator • Phone: 617.742.7561 • Fax: 617.742.4614 Email: christine.hevelone-byler@mw•a.state.ma.us Web Site: w\vw.mwraadvison~board.com OFR'°fy Town of Reading (H b 16 Lowell Street r r. ~s39 rN~o~Qp4P~ Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager@ci.reading.ma.us Website: www. readingma.gov TOWN MANAGER (781) 942-9043 March 12, 2009 Abutters to 885 Main Street Dear Property Owner: You are receiving this letter because your property is within 300 feet of 885 Main Street. The Board of Selectmen have received a proposal for a housing development consisting of four - five unit buildings at 885 Main Street. The Board of Selectmen will be discussing this proposal at their meeting on March 17, 2009 at 8:45 p.m. in the Selectmen's Meeting Room at Town Hall. All interested parties are encouraged to attend the meeting, submit their comments in writing or email to towrnnanaaer0,,ci.readin2.ma.us . inc~rely' Peter I. Hechenbleikner Town Manager cc: Attorney Joshua Latham 5 < 2e.a,e \P•[~r~""' qo 37 rv c.1 l:..h rr ,i '180 ~ 80 C 2,755 B 688 rv o 1 GA 90 ]8 36 I - 4?\ 156.29xi 70 9 r 89 13 4 Y... x5p0a1 12,126 5°13 07 9820 - 1 t6d,6F 8 ° 9s.o° o 54 m a z a s, 2 40 4i 13, 0 6 'o D 1,864 .53 0 9,900 178'23 10,070 g9 434 26,637--" 7 ( 10.720 sad 55 s6 mN7" . 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BREARLEY SUSAN M READING, MA 01867 WINDHAM, NH 03087 885 MAIN ST READING, MA 01867 246115000000005A 2461150000000060 2461150000000070 HALLORAN MICHELLE CULLEN MADELINE S GNANARATNAM JOHN A ROBERT HALLORAN TRUSTEE MONIQUE P GNANARATNAM 881 MAIN ST ' 877 MAIN ST 873 MAIN ST READING, MA 01867 READING, MA 01867 READING, MA 01867 2461150000000080 246115000000009& 2461150000000330 CRIMMINGS HELEN L DIXON MARK W DALEY TRACY Y. TRUSTEE DEBRA R DIXON DALEY KEVIN V 869 MAIN ST 863 MAIN ST, 124 PEARL ST READING, MA 01867 READING, MA 01867 READING, MA 01867 2461150000000350 246115000000038& 2461150000000430 LIEVENS GEERT MARDEN R. CHANDLER III MCCORD THOMAS J BARBARA S LIEVENS TRINA M TOWNLEY-TILSON JANE COMINS MCCORD 14 BUNKER AVE 13 BUNKER AVE 44 FRANCIS DRIVE READING, MA 01867 READING, MA 01867 READING, MA 01867 2461150000000440 2461150000000450 2461150000000460 COAKLEY TIMOTHY L SR (LE) REID GARNET L CULLEN MARK R ELIZABETH ANN MAR.CIN DONNA L REID NANCY FAVA CULLEN 50 FRANICS DR 54 FRANCIS DR 58 FRANCIS DR READING, MA 01867 READING, MA 01867 READING, MA 01867 2461150000000470 2461150000000500 2461150000000510 MAURO LUIGI TOTH JOHN F WHALEN RICHARD C FELICITA MAURO LINDA A TOTH DONNA J WHALEN 59 FRANCIS DR 55 FRANCIS DR 49 FRANCIS DRIVE READING, MA 01867 READING, MA 01867 READING, MA 01867 2461150000000530 2461150000000640 2461150000000650 MCELENEY JOHN J WALSH DENIS D SWEENEY MICHAEL G CHRISTINE A MCELENEY DEIRDRE BRADLEY MAURA D SWEENEY 43 FRANCIS DR 24 DUCK RD 30 DUCK RD READING, MA 01867 READING, MA 01867 READING, MA 01867 v C.•3 r f tiquettes faciles a peler i Utilisez le gabarit AVERY@ 51600 J ® Repliez a la hachure afin de Sens de reveler le rebord Po -U TM chargement p p www.avery.com 1-800-GO-AVERY Easy Peel® Labels i A Bend along line to Use Avery@ Template 51600 Feed Paper. expose Pop-Up Edge TM ~ 2461150000000660 2461150000000670 GORSKI JONATHAN DONAHUE ANDREW J LAURI JEANNE GORSKI MARIE F DONAHUE 34 DUCK RD 35 DUCK RD READING, MA 01867 READING, MA 01867 2461150000000690 2461150000000700 GENT PETER KUSHINSKY ALAN LESLIE GENT ELIZABETH KUSHINSKY 27 DUCK RD 23 DUCK RD READING, MA 01867 READING, MA 01867 ;2461230000000030 JOYCE MARY ELIZABETH JOHN JOYCE '890 MAIN ST READING, MA 01867 2461230000000040 CHURCH OF THE NAZARENE 900 MAIN ST READING, MA 01867 2461300000000620 WARD ROBERT S LOUISE W WARD 39 HAMPSHIRE RD READING, MA 01867 246123000000004A SANDBERG ELLEN L 896 MAIN STREET READING, MA 01867 2461300000000010 RANIERI DOMENICO A ROMILDA RANIERI 5 DUCK RD READING, MA 01867 2461300000000630 O'NEILL STEPHEN J LAURA MARROCCO O'NEILL 63 LAWRENCE RD READING, MA 01867 AVERY@ 5160 A 2461150000000680 MARFIONE PETER C MARY T MARFIONE 31 DUCK RD READING, MA 01867 2461230000000010 GEORGE JENNIFER L DANIEL F DECARPIS 884 MAIN ST READING, MA 01867 246123000000004B CHEN I-CHEI 908 MAIN ST READING, MA 01867 2461300000000140 BURNHAM RICHARD A 5 COLBY LN BOW, NH 03304-5103 2461300000000640 MACK WALTER G LAURA F MACK 911 MAIN ST READING, MA 01867 kicluettes faciles a peter i A Repliez a la hachure a#in de i www.avery.com i ® ® , Sens de r6v6ler le rebord PoP-UPTM ' 1-800-GO-AVERY Utilisez le gabarit AVERY 5160 , ~harnement I Board of Selectmen Meeting - Januarv 20, 2009 - Paae 3 Town Accountant Gail LaPointe introduced Kathleen Riley who did the study on the Town's health insurance for retirees. The Town Manager noted that we are required to do the study but under no obligation to fund. Ms. Riley reviewed the results of the study. She noted that if we fund not, we use a higher % rate around 7.75%. If we pay as you go, the rate will be lower - around 4.75%. Ms. LaPointe noted that the State gave us a funding date to fully fund. They will give us a mechanism to help fund. She also noted that each Enterprise Fund funds their own portion; i.e., RMLD, water and sewer. The Town Manager noted that the Reading Municipal Light Department fully funded their pension in 1969. North Main Street LIP - Attorney Josh Latham, Engineer Jack Sullivan, Consultant Daniel Hart, Architect Andrew Stebbins and applicant Dennis Brearley were present. The Town Manager noted that this is a presentation on a possible LIP at 885 Main Street. Attorney Josh Latham noted that there are two lots, and the Town's affordable housing numbers have declined. They are proposing two and three bedroom units both townhouse and flat style for the handicapped. They are looking to attract young couples, empty nesters and single parents. Andrew Stebbins noted that he divided the units into four - five unit buildings. They are addressing the setback and will be in line with the homes on either side. They will follow the LEED Program guidelines for green buildings. The location is a half mile from Downtown. They will use energy star rated windows and appliances. They will meet the LEED certified threshold but they will not go through the whole process. Engineer Jack Sullivan indicated that the property is two acres, and they originally wanted 24 units but scaled it back to 20 units. They are pursuing a walking easement to Francis Drive and will loop water out to Francis Drive. They will comply with Conservation Bylaws. The property currently has two curb cuts but they will only use one curb cut. The road will remain private. Mr. Sullivan noted that there will be easements for utilities to the Town. The Town Manager noted that the Town provides rubbish collection and recycling. Vice Chairman Ben Tafoya asked what is the closest point to the abutting home, and Mr. Sullivan noted that it was a minimum of 30 feet. Vice Chairman Tafoya also asked if there have been any meetings with abutters, and Dennis Brearley indicated that he has met with the abutters on Main Street and Francis Drive. Selectman Camille Anthony noted that the trash receptacle is not in a good location, and should be moved because it will affect the quality of life for the person living in the unit next to it. She also suggested that they use the same light styles used in the Downtown project. Selectman James Bonazoli asked about the shadow parking, and the architect indicated that is an area that can easily be converted to parking if needed. C~~ Board of Selectmen Meeting - Januarv 20, 2009 - Page 4 Selectman Camille Anthony indicated that two spaces per unit is not enough. Attorney Latham indicated that the Zoning By-Law only requires 1.50 spaces per unit. Selectman Anthony noted that the zoning is outdated and not realistic - there is no place for company to park. The sense of the Board was to bring this back to the full board and also invite the abutting property owners. A motion by Bonazoli seconded by Anthonv to adiourn the meeting of Januarv 20. 2009 at 9:35 p.m. was approved by a vote of 3-0-0. Respectfully submitted, Secretary ~5:" 6 , Ci LATHAM LATHAM & LAMOND, P.C. 643 MAIN STREET READING, MASSACHUSETTS 01867-3096 WWW.LLLLAW.COM KENNETH C. LATHAM (1939-1996) 0. BRADLEY LATHAM* JOHN T. LAMOND JOSHUA E. LATHAM* CHRISTOPHER M. O. LATHAM *ADMITTED TO PRACTICE IN MASSACHUSETTS & NEW HAMPSHIRE Peter Hechenbleikner, Town Manager Town Hall 16 Lowell Street Reading, Massachusetts 01867 Carol Kowalski Community Services Director/Town Planner Town Hall 16 Lowell Street Reading, Massachusetts 01867 RE: 885 Main Street, Reading, Massachusetts Dear Peter and Carol: Enclosed please find ten (10) sets of updated plans for the proposed redevelopment of 885-891 Main Street in Reading (the "Property") in preparation for the upcoming meeting with the Board of Selectmen on Tuesday, January 20, 2009. Herewith please find the following: 1. Artist rendering of construction; 2. "20-Unit Concept Plan-885 Main Street, Reading MA" prepared by The Architectural Team,. dated January 20, 2009; and 3. "Project Data Site Plan-885 Main Street, Reading MA" scale 1"=50', prepared by The Architectural Team, dated January 20, 2009. These plans reflect changes in response to comments made by Town staff at the December 22, 2008 Design Review Team meeting. If you require any additional infonnation please so advise: Re tfully, shu Latham \ TELEPHONE: (781) 944-0505 FAX: (781) 944-7079 January 14, 2009 E3 -.o c.~ uw a ~C? F- m 6C ~Z~7-J..'.3i L rK:~~mti~Y~.. } Y:t ' ~ki.~ .....~1`1t"'1 . 2AR ~~r 1, .G6 FIAT ~~1 2•eR a f r .j~l1~r 1F t fps 4.. #(S FLAT G2 ~E 3-89 T.H tT s ~+h rwfh 5 !V i { 1 :~Cr~r~'tr 'd-f1N~ e•}}'y~ O i 2-BR -Y ly`,i,Fr:f~~.•''Ca ( rl TH.` y F`b~'+`f ~;"•t~~.T,t'.S'y 'M1'li r~ f'%"~ ti, r A a. ~ l f .,.:.1.. .,~:t..'la•.'. I I:.Y... ',x F- i..ix4 &1. - 2-BR FLAT e r A 9 A All O 3R tY T H T.H. FIT I;l r a y is { i ~ 74 Tl L t••~, k;. N,.~?a1" x~~'.;.7_ "e, b.l.d.;.L• a n•.:...,rL+ A. 5 vWWI, i" +3ti ~~z(F i1A~p~ 14i r1r ~ D-3 2•BR+ D•2 3BR T.H. .M. a Key to Paving i Asphalt Pavement (Main Drivelane) F Pervious Pavement (Park'g Spaces + Driveways) I VIVIR C (Unit Distribution 1r4 f 12-BR 12-BR 3.8R TOTAL BLDG , . FLAT T.H. T.H. i A i h B 1 i 2 2 2 2 i 5 1 ti = 1 5 ^ , M4~3,~,r I TOTAL I 4 1 0 1 8 1 20 Parking I I,f' Garage Spaces ( 8 32 Y` ISurfaceSpaces I y4`.V. Total Spaces 40 4: u Total Units 20 .lys (Spaces/Unit 2.0 (Shadow (Future) Spaces I 5 ISpaceslUnllwl8hadow I 2.25 t-at the architectural team ._._._._._._._._._.4._._._. ii Ng I ....................i......, , C4 T.H. l OVCI ' C 5 FLAT CO / / SLAT G2 / C-1 ' T.w. C•a 2-BRi / T.H. x[RANO OEu P(R(pRYCO OY AEON _ LNNRONNEN(Ai, LLC t / \I_ 90EY a , TR / S as• a , .e SH 7W / Aoy I Al Al . I 2-BR+ AI2,T 1.LIB-4 - T.H. 2-SR ABOVe T.H. ,I I ,5.~ / I BR FLAT I FIAT" T.H. App AIS 2-BR T.H./ / I / r' 13-3 Ids[ NRE "R T.H. ,~flADIUS / SHADOW PARKING -ter'' `T ' GT" ,o] roe(- ' _ ~~q 2CNEI ~ v - SITE LIGHTING fTYPt: --r-( -3 3- R 2-PR- HADCO"BALTIMORE' H TH FLflT i V651, FULL CUTOFF e , - FIXTURE ON 6' POLE (MEETS DARK SKY t REQUIREMENT) '.wt BAR ' TRASH/ I D-5 ] 2•BR T.H. ABOVE t D4 FLAT r2•eR t T.H_ T• - ' ' 20 OIDE DRAINAGE 8 SEWERAGE EASEMEN( - I - - - - - - (Zoning Data Zoning Item - iReq'd/Allowedi Proposed (Zoning District j Res 5.15 ( Res S-15 Use i Table 422 i ApL' ( Lot Area j 100,000 sf i 94,280 at' iFronlage i 100' i 162' Lot Coverage ( 25% i 17% ( Setbacks ( See Plan i See Plan iBuildingHeight i 35' 35" (Parking j 40 i 45" [Loading Space 1 1 0' i i' Relief Required "See Table Below i _ I Q t § !Unit Distribution I t 2-BR 2-BR 3-BR BLDG. I FLAT I T.H. I T.H. ITOTALI - - ~ i, A i 1 i 2 ~ 2 5' tiS A_4 j B j 1 j 2 z s 2-BR 2-SR T.H. T.H. ( I C i 1 2 2 1 5 ABOVE ( D 1 2 2 5 1 FLAT TOTAL 4 8 j 8 20 i MAIN (66 FT WIDE - PUBLIC) STREET srnrE NawAr umur (Parking ! (Garage Spaces 8 .i Surface Spaces 32 i N iTotaiSpaces 40 . 1 ' 2G' 40' 80' Total Units 20 i 0 1 Spaces/ Unit j 2.0 Shadow (Future) Spaces i 5 i [Spaces/Unitw/Shadow i 2.25 6-c- 10 tat the architectural team, Reath Team Minutes - ,l Dater December-4-5, 2008 Location: Conference Woom Organizer: Carol Kowalski Attendees: Peter Hechenbleikner (Town Manager), Carol Kowalski (Town Planner), Fran Fink (Conservation Administrator), George Zambouras (Engineering Dept.), Police Chief Cormier, Fire Chief Burns, Abby McCabe (Staff Planner), Michael Schloth (Recording Secretary) Project: Main Street LIP Location: 885 - 891 Main Street Applicant: Dennis Brearley (present) Const. Consultant: Daniel Hart (present) Engineer: Jack Sullivan (present) Architect: Andrew Stebbins (present) Attorney: Josh Latham (present) A previous DRT for this project was held in the Conference Room on July 21, 2008 Applicant: The plan was revised to address comments and concerns expressed at the previous DRT meeting: • Less density: 20 units (down from 24) in four buildings. Five units would be affordable. One unit in each of the buildings would be a handicap-accessible flat. • Street lighting plan • Trash/Recycling area • Parking Spaces: 40 proposed with room to add five more if necessary. • Redesigned roadway-loop to improve fire truck accessibility (i.e. turning radius) • Sustainable design: submitted a four-page memo outlining how the project would implement sustainable design strategies using LEED guidelines. • Roadway-loop will be impervious but driveways and walkways would be penneable to some degree. • Upgrade packages would be offered to tenants: solar panels, outlets for electric car in garages.... • Walking trail to/from Francis Drive will be added. The abutter on Francis Drive is agreeable to granting an easement. Il . 12.15.08 DRT Minutes 885-891 Main 5t. (LIP) Applicant Town TOWN MANAGER Units will be fire protected with sprinklers. Project will meet frontage setbacks. Over 20 ft. Baseline energy efficiencies include: • Rainwater recapture • Ambient lighting and fixtures with auto-shutoff • EnergyStar products • Building Envelope exceeds current requirements: high R-value insulation; better windows; high-efficiency boilers Sewers: may have to use pumps to get to Main Street. Current rendering shows a too large building. No on-street parking will be allowed - too narrow. Therefore, designated parking spaces would be the only allowed places to park. Specify what parts of project will be pervious and impervious. Walkway from Francis Dr.: how will pedestrians cross the retaining wall? Probably needs to be handicap accessible. Could a walkway be created to Duck Road too? Fire sprinklers? Frontage setbacks? Trash area needs room for recyclables pickup. Concerned tenants of affordable units will probably not be able to afford energy-efficient upgrades. Need wider and more sweeping entrance (not perpendicular curb cut) onto Main Street. Roadway needs to be wider. At least 18 ft. Sewers: To work by gravity? I & I payment. MWRA: Is I&I payment required? Need up-to-date and accurate rendering /elevation drawing portraying what is actually envisioned for this site. TOWN PLANNER Have you spoken to abutters about your Have spoken with abutters and they are fairly project? receptive to project. What is the price range of the market units? Expect market units to sell for 350K to 400K. Affordable units will be of different styles. Site lighting (9 poles) should have full cut-offs. Affordable units must be phased-in as the market units are built and not added to the site at the end of the project. Page 2 of 5 12.15.08 DRT Minutes 885-891 Main St. (LIP) Will affordable units be one style or different styles like the market units? Rendering shows lots of insets and variety in architectural features - which is what we want but it does not appear the variety has been reflected in the plans. Before submitting plans to the Board of Selectmen, they should first be revised to address police and fire chiefs' issues. Also, the rendering should be revised to accurately portray what is proposed. ENGINEERING/DPW Agreeable to looping water main to Francis Drive. Dumpster area is designed for front-loader access. Need to conduct a traffic study before meeting with the State. Full engineering design will not be ready until Spring 2009. Proposing a modified berm for curbing. All parking will be in designated spaces only. Suggest adding the extra five spaces to the plan and designate them as visitor parking. Request the water main be looped to Francis Drive. This will require an easement. The easement will require Town Meeting approval. Roadway-loop is one way and dumpster area is at wrong angle for rear-loader access. Most/all loaders Reading uses are rear-loaders. Angle could be flipped. Need to see a drainage plan. Doubt applicant will be granted permission by the State to link to the State's drainage system on Main Street (Rte. 28). Need to see grading and utilities plan. Need to meet with State regarding curbcut onto Main Street. Is MWRA I&I required for project of this size? Based on number of units a transformer is required. May need to petition State for placement. Possibly it could be located on the site but would still need access to Main Street. Roadway may still be too narrow. Prefer granite curbing. Page 3 of 5 12.15.08 DIRT Minutes 885-891 Main St. (LIP) HEALTH (Did not attend but Administrator gave his comments to the Town Planner) Location and plan for dumpster looks good. Project will require a Pest Control Plan CONSERVATION Intend to make all necessary submissions in Spring 2009. Need to add topography to the plan. The grade drops approx. 24 feet from South to North. Francis Drive may not want to be connected to other streets. All units would be adaptable to handicapped access. Intend driveways to be pervious. Need drainage plan. Need to submit NRAD 'and determine wetlands boundary. Will separate stormwater calculations need to be made for impervious and pervious surfaces? Drainage: hope to handle all drainage on-site Project will require a Notice of Intent and full with some kind of underground system. compliance with the DEP Stormwater Policy. e Recharge roof-runoff • Catch basins Many complaints about flooding in the area. • Possibly a StormSceuter unit. POLICE / SAFETY OFFICER Prefer adding the extra five parking spaces to increase parking -to-unit ratio. Would like permission to enforce parking and to have the "No Parking" areas defined and posted. Francis Drive: trend is not to allow street parking on cul-de-sacs. So as to allow free access for fire equipment. Would visitors be allowed to park on Francis Suggest pedestrian walkways especially access Drive? from back of site to Main Street. Walkways should be adequately lighted. Need lighting plan showing security lighting. Page 4 of 5 ~G E ~ 12.15.08 DR7 Minutes 885-891 Main St. (LIP) FIRE Curb cut from Main Street and two-way section of roadway is required to be 24'-0" in width and constructed of a hard, ail-weather surface capable of supporting a 50,000-pound vehicle The one-way roadway is required to comply with the Mass. Fire Prevention Code 527 CMR 10.03(10) Fire Lanes. It must be a minimum Can increase roadway width to 18 feet width of 18 feet. The fire lane must remain free of all obstructions and be posted with no- parking signs. The Reading Fire Dept. Hydrant in rear - yes. requires this surface be a hard, all-weather surface capable of supporting a 50,000-pound Proposing 20 ft. wide curbcut for access to vehicle. Main Street. All roadways must be posted with "No Parking" signs. Permission must be granted to the Reading Police Department to ticket vehicles. All buildings are required to have fire sprinklers installed per the Massachusetts Building Code 780 CMR. Hydrant in rear of site? RMLD (Did not attend but applicant was asked if they had addressed the comments made at the previous DRT meeting) There is already a light pole on the property. Transformer: (Town Engineer's response) Based on number of units a transformer is required. May need to petition State for placement. Possibly it could be located on the site but would still. need access to Main Street. May need to petition state for transformer placement. It would require bollard protection May need to place light pole on property. Page 5 of f G' 5 LEGAL NOTICE . TOWN OF HEADING To.the inhabitants of the. Town of Reading: Please take notice that the Board of Selectmen of the Town of. Reading will hold the follow- ing public hearing on Tuesday, March 17,. 2009 in the , Selectmen's Meeting. Room, 16 Lowell Street, Reading, Massachusetts.,. .0,5:00 a.m. Opening Dunkin' Donuts, 454 Main ' Street - Oontin_ued from February 10, 2009.. 9:15 p.m. -5:00 a.m. Opening Dunkin' .Donuts , 273 Safei-n .Street - Continued from February 10, 2009. 9:15-p.m. A •copy of the application, package is availabie in the Town Manager's! Office,. 1.6 Lowell Street., Reading, MA from 8:30 a.m... - 5:00 p.m:, M-F and is attached to, the: hearing notice on the web.site at www.reading ma,gov Ali interested parties may appear in person, may submit. their comments..in writing, or by email -to townmanaae•r@ci.read' ina.ma.us. By order of Peter I. Hechenbieikner Town. Manager 3/10 ,.5-6t - I 1 269; 18 •~63 N o i- o° a ' 5;46 121 070 y✓v~ ; CO u b u i, 6 _E y, 1 ~r~ 6.3 . r on5~° 8. ' cc i 69p ` 24 105 N 1750 ^ o„ 06 ' S 5a as :50 o =62. Jp 26 4a~~~ rn r 3 6 a 11.7.55 3 83 060 L i 1110 24;596 h' r- 0 768:1_ p 50.p` o ~0$ `O 418678 r c ' ,1 0 rn o x;24 8a.. 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Data are for planning purposes only. 0 40 80 120 160 ' Ft i 4 t 1 t •y • NNA\\ Easy Peep' Labels Use Avery@ Template 51600 2460530000000270 BATES JOSEPH L SR 400 MAIN ST READING, MA 01867 2460530000000300 MACDONALD CLAYRE KENNETH MACDONALD 82 FOREST ST WAKEFIELD, MA 01880 2460550000000240 WOOD RONALD 15 LINCOLN ST #164 WAKEFIELD, MA 01880 2460540000000240 SCIANDRA ANGELA J 34 GREEN ST READING, MA 01867 2460550000000250 NICHOLLS MARK 171 WASHINGTON STREET READING, MA 01867 2460540000000410 FARNUM LINDA HUMPHREYS 397 FARNUM STREET NO.ANDOVER, MA 01845 2460540000000440 BACCI, CARLO TRUSTEE ASB REALTY TRUST 25 WAKEFIELD AVE WAKEFIELD, MA 01880 2460540000000470 NATSIS STAVROS EKATERINI NATSIS 27 WAINWRIGHT ROAD WINCHESTER, MA 01890 2460540000000810 TOTH ROBERT KIMBERLY TOTH 81 ASH ST READING, MA 01867 246055000000017& MACKAY CHERYL F 172 WASHINGTON ST READING, MA 01867 k1cluettes fadles 6 peler i Utilisez le gabarit AVERY® 5160® I. Bend along line to I Feed Paper ® expose Pop-Up EdgeTM J AAVVERY@ 5160® 1 2460530000000280 2460530000000290 BOISVERT MARCEL P ETAL DEPERRI ANGELA TRUSTEE 161 ASH STREET RJR REALTY TRUST READING, MA 01867 17 WOODLAND RD WAKEFIELD, MA 01880 2460530000000310 WATSON JOHN J THEODORE R WATSON 155 SOUTH ST READING, MA 01867 246054000000012B DADY KRISTEN JAMES SINAGRA 83 ASH ST READING, MA 01867 2460540000000250 ADRIAN PAMELA 87 ASH ST READING, MA 01867 2460530000000320 WASH.-READING PLACE LLC 3 INDIANA AVE READING, MA 01867 2460540000000230 DORANDI DENNIS M MARY S DORANDI 32 GREEN ST READING, MA 01867 2460540000000270 ' TKV ASSOCIATES LLC 11 AYNSLEY CIR BILLERICA, MA 01821 246054000000039A TKV ASSOCIATES LLC 11 AYNSLEY CIR BILLERICA, MA 01821 2460540000000420 SCIRE WILLIAM RALPH J TEDESCO 505 MAIN ST READING, MA 01867 2460540000000450 NICHOLLS SCOTT E 104 ASH ST READING, MA 01867 2460650000000410 FONTES PAUL JEFFREY L VEGLIA 33 EDWARD ST LYNNFIELD, MA 01867 246055000000001A RPB PROPERTIES INC 600 SHIRLEY ST WINTHROP, MA 02152 2460550000000190 JOHNSON BRUCE D ETAL GREGORY D JOHNSON ETAL 166 WASHINGTON ST READING, MA 01867 ® Repliez a la hachure afin de , Sens de chargement reveler le rebord Pop-UpTM 2460540000000400 DALELIO JOSEPH J JR ETAL AUNYX REALTY TRUST 5 BARNSLEY RD LYNNFIELD, MA 01940 2460540000000430 DOUCETTE EDWARD J KATHERINE A DOUCETTE PO BOX 273 NO.READING, MA 01864 2460540000000460 LJH MAIN STREET LLC 21 ANGLEWOOD LN NORTH READING, MA 01864 2460540000000770 MARSHMAN JOAN 77 ASH STREET READING, MA 01867 2460550000000020 ZAJAC STEPHEN J 69 GREEN ST 1ST READING, MA 01867 246055000000020& MBP LLC 467 MAIN ST READING, MA 01867 vwwv avert' com 1-800-GO-AVERY Easy Peelw Labels Use Avery@ Template 5160® 246055000000020A CATALFAMO GARY 459 MAIN ST READING, MA 01867 I i a A Bend along line to Feed Paper expose Pop-Up EdgeTm 2460550000000210 GRAY'S MAIN & WASH. LLC 15 HERITAGE LN LYNNFIELD, MA 01940 © AAVERY@ 5160® 1 2460550000000230 413 MAIN STREET LLC 10 JEAN AVE #2 CHELMSFORD, MA 01824 t ttiquettes faciles A peler ; Repliez a la hachure afin de Utilisez le 9abarit AVERY® 516011 Sensde Al chargement reveler le rebord Pop-UpTM j vwnrw.averycom ; 1-800-GO-AVERY tIm'UNKIN" ONUTSAffiliate of FRANCHISEE 3 Pluff Avenue North Reading, MA 01864 978-898-1200 Phone 978-664-4160 Fax January 5, 2009 The Board of Selectmen Town of Reading Town Hall 16 Lowell Street Reading, MA 01867 Dear Members of the Reading Board of Selectmen: 2M9 jtM -7 N 10. 54 v- A ?0\, t/1 I write to respectfully. request a.Waiver of Retail Sales before 6;00am.for two Dunkin' Donuts locations in Reading. Dunkin' Donuts is committed to serving our customers in an environment that is fast, friendly, and convenient. The Dunkin' Donuts at 454 Main Street and 273 Salem Street currentlyboth open at 6:00am. Opening at 5:00am.Monday through Friday will allow these locations to better serve our customers as they start the day. Thank you in advance for your attention to this matter. We look forward to hearing from you in regards to this waiver in the near fixture. Sincerely, Paul Bunker Director of Operations Cc: Larry Ramdin, MA; REHS, CHO; Health Services Administrator James W. Cormier; Chief of Police jV k9 An Independently owned and operated FRANCHISEE of the DUNKIN' DONUTS SYSTEM OFF? Town of Reading 16 Lowell Street OtSJ9fHCORQ~O_ _ Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager&i.reading.ma.us Website: www. readingma.gov January 29, 2009 Dunkin Donuts Affiliate of Franchisee Paul Bunker 3 Pluff Avenue North Reading, MA 01864 Dear Mr. Bunker: TOWN MANAGER (781) 942-9043 Thanks, for your letter of January 5, 2009. We have a public hearing scheduled for this matter on February 10, 2009. The two sites will be dealt with independently. The Town is sending notices to all property owners with 300 feet of the site and we will put a notice in the newspaper and.you will be billed directly from the newspaper for the legal notice. Attached is asection of the Selectmen's Policy Section 3.9 Waiver of Retail Sales before 6:00 a.m. For each of the sites, you will need to address all of the items raised. The Town will solicit comments from Health, Police and Building/Zoning regarding your request. All ofthis- information will be made available to the Board of Selectmen at the hearing on February 10, 2009. Sill ly; Peter I. Hechenbleikner Town Manager. _ PIH/ps t I -T , Section 3.9 Waiver of Retail Sales before 6 a.m. Section 5.10 of the General Bylaws of the Town of Reading prohibits retail sales prior to 6:00 a.m. It also provides for a process by which the Board of Selectmen may consider allowing retail sales between the hours of midnight and 6:00 a.m. when the Board determines that permitting retail sales during those hours is in the interest of public health safety and welfare, or is in the interest of public necessity or public convenience. These regulations are adopted by the Board of Selectmen to provide guidance to the Board of Selectmen, applicants, and the public regarding how applications for waivers from the restriction on hours of retail sales will be handled. Each application will be dealt with on a case by case basis. An initial application for a waiver or hours of retail sales prior to 6 a.m. shall require a public hearing noticed to all property owners within 300', and by,publication in a local newspaper and/or publication on the Town's web site. Renewal of a waiver shall be required on an annual basis with each waiver expiring on December 31. The Board of Selectmen shall determine on a case by case basis whether a public hearing is required for each renewal. The Board of Selectmen may revoke approval upon receipt of complaints that the operation is taking place contrary to the approval granted by the Board. Revocation shall be made only after a public hearing, unless emergency circumstances require an administrative revocation pending hearing. 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 for businesses within a commercial or industrial zoning district only. 2. In general, approval shall be for the entire business. For example; if a business dispenses gasoline, sells coffee, and has a convenience store, all within the same business, then the approval shall be for all parts of the business. 3. The retail use for which approval of a change. in retail hours is permitted will be the principal use on the property. 4. Written approval of the property owner will be required prior to the Board hearing an application for a license. This will need to be renewed annually. 5. The Board may require evidence that the change in permitted hours of retail operation will have minimal effect on the neighborhood adjacent to the site. 6. The applicant must show that adequate controls are in place to ensure public safety and follow food code sanitation protocols. 7. No waiver of the hours of retail sales will be considered for prior to 5 am Monday through Friday. No waivers shall be considered for Saturdays, Sundays, or State Designated legal holidays. 8. The Board may limit the use of outdoor speakers, drive-thru's, and/or restrict parking in certain areas in order to limit the impact of the waiver on neighboring properties. In order to address these issues, the Board may require a site plan from applicants, drawn to scale, and showing locations of these features and their relation to abutting residential buildings. 9. Prior to the issuance of a waiver on the hours of retail sales, the Board may request a review by the Health Division, Police Department, and the Building/Zoning Inspection Division and proof that all necessary approvals, permits, and other licenses needed to operate have been issued. 3 -21 Board of Selectmen Pol ' _ 1 10. A waiver to allow retail uses prior to 6 a.m. is not a waiver of any other bylaw or regulation of the Town of Reading or other agency having jurisdiction. 11. Parking.lot cleaning, and other maintenance operations (excluding emergency work), and deliveries shall not take place between the hours of 9:00 PM and 7:00 am. Rubbish collection and recycling shall not take place between 9:00 PM and 6:30 am. Adopted 6126107 3 - 22 Board of Selectmen Policies , ~K READING POLICE DEPARTMENT ' 15 Union Street • Reading, Massachusetts 01867 Emergency Only: 911 • All Other Calls: (781) 944-1212 • Fax: (781) 944-2893 DATE: JANUARY 1 , 2009 TO: CHIEF JA S W. CORMETION FROM: ~T DET R.'N.ROBB.INS RE: DUNKIN D DNUTS A ITO OPEN 05:OOAM I received a written request for a waiver of tail sales before 6:OOAM for the Dunkin Donuts located at 454 Main Street and 273 S m Street, Reading. 1. reviewed the Department's call history for both locations from 01 /01 /2007 to 12/31/2008 and found nothing out of the ordinary. At this time, .I see no reason why the waiver should not be granted. -tea-9 7 Page 1 of 2 Schena, Paula From: Hechenbleikner, Peter Sent: Monday, February 09, 2009 12:08 PM To: Schena, Paula Subject: FW: In Response to Dunkin' Donuts' Waiver Request BOS 2-10-09 From: pam.adrian@comcast.net [mailto:pam.adrian@comcast.net] Sent: Monday, February 09, 2009 9:55 AM To: Town Manager Subject: In Response to Dunkin' Donuts' Waiver Request 2/9/09 Peter I. Heckenbleikner Town Manager Town of Reading, MA 01867 Dear Sir; I wanted to register my objection to the request by Dunkin' Donuts to open their two stores, one on Main Street and the other on Salem Street, at 5:00 a.m. for business. Summary of Conditions Enough is enough. I am a near-abutter, on the corner of Ash and Green streets. The Main St. Dunkin's carries a great deal of traffic as it is. You have only to look at the rubble that has been made of Ash St. from Green down to Washington St. to know that it sees heavy truck traffic. This stretch of road is constantly under repair with traffic from the DPW..Dunkin' Donuts is the stopping point throughout the day, starting at 6- a mecca for every construction vehicle, electrician, and plumber who live and work in this town. Larger trucks cannot get through the drive-through further up the street, so the trucks come to the store on the corner of Washington and Main Streets. The vehicles exit Main, travel up Green St., turn left onto Ash and park in behind Dunkin's on Ash St. In the summer when there is more construction, there is continual flow of trucks- heavy trucks that rumble down the road. Noise, dust, carbon monoxide and diesel exhaust, rubble, and illegal parking is what they bring. In the past year, this neighborhood of mixed dwellings endured heavy construction in the entire area due to Main St. improvements, with an additional year-plus expected. That means your brick cutters started cutting bricks at 7:00 a.m. directly in front of Ash Street residences, heavy equipment parked on Ash (with the vehicles starting up before 7), the Reading Municipal trucks started between 7-7:30 replacing telephone poles on Ash and Green, and paving trucks at approximately the same time. Statement of Obiection and Querv Dunkin' Donuts has inadequate parking facilities, so most vehicles park in the bank's parking lot next door or on ASH STREET behind the store. Add to that traffic, the delivery trucks to Dunkin's that come up Ash St. and break the law by going up Ash or right on Green-both are wrong ways-and those delivery trucks are a constant. If Dunkin's opens at 5, will you also 2/9/2009 Page 2 of 2 approve their 18-wheelers making deliveries at that hour or perhaps before? I read the letter from Dunkin' Donuts carefully. They asked for a waiver to open for retail sales- that means they'll be there "to make the donuts" much earlier than that. That means more traffic at an even earlier hour. I have called the-two Starbucks and Bagel World in town. All start their retail sales day at 6:00 a.m. with no plans to open any earlier. But what you do for one, you must also do for others. So does this town intend to sign waivers for every donut and bagel shop in town? How many residents does that impact? I would think much more than our little area with apartment buildings and two-family residences. Enough is enough. I'm all for good business in Reading, but not when it negatively impacts its residents. Please do not approve this waiver. Kind regards- Pamela Adrian 87 Ash Street Reading, MA 01867 2/9/2009 Page 1 of 1 Schena, Paula From: Hechenbleikner, Peter Sent: Wednesday, February 04, 2009 4:25 PM To: Schena, Paula Subject: FW: Dunkin Donuts-273 Main Street, Reading MA From: Jane Kelley, W.S. Aiken [mailto:jane@wsaikenroofing.com] Sent: Wednesday, February 04, 2009 10:26 AM To: Town Manager Subject: Dunkin Donuts-273 Main Street, Rading MA Jane and Martin Kelley 255 Salem Street #4 Reading, MA My husband and I will not be able to attend the public hearing on Tuesday February 10, 2009 regarding Dunkin Donuts opening at 5:00 AM. We are abutters at the address above. We are both IN FAVOR of allowing the variance. 2/4/2009 Page 1 of 1 Schena, Paula From: Hechenbleikner, Peter Sent: Monday, February 09, 2009 8:21 AM To: Schena, Paula Subject: FW: opening at two locations at 5am C Board of Selectmen 2-10-09 From: Ron Ronaldo [mailto:euroitaly78@yahoo.com] Sent: Monday, February 09, 2009 6:37 AM To: Town Manager Subject: opening at two locations at 5am there fine opening up at 6am, both of them. there isnt that much traffic at 5am and its nice and quiet, the one on salem st in reading. is in a buisness district with a few residence around and right off.the highway. if you want to open the salem street one at 5am. fine. the one on main street apartment buildings and residents, are out back of them. and out front. people dont want to hear noise in the early morning hours. so that one i suggest should not open at 5am should stay at 6am. they dont do much buisness till after 6am anyways. 5AA, 2/9/2009 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 the follow- ng public hearing on Tuesday, March . 17,1 2009 In. the i Selectmen's Meeting. Room, 16 Lowell Street, Reading, I Massachusetts.: 5:00 a:m. Opening = Dunkin' Donuts, 454 Main Street - -Continued. from February 10, 2009. 9::15 p.m. e -5:00 a. m. Opening - Dunkin' .Donuts , 273 Salem Street - Continued from February 10, 2009. 9:15 p.m. i A copy of the application, package is available in the Town Manage.r's- Office, 1.6 Lowell Street., Reading, MA from 8:30.a.m.. - 5:00 p.m., M-F and is attached to the. hearing notice on the web,site at www,reading ma.gov All interested parties.may appear in person, may submit, their commerrts..in writing, or by email to townrnanaaer@ci.read ina.ma.us. By order of Peter 1. Hechenbleikner Town. 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BUDD 25 TORRE ST 3 CANTERBURY DRIVE 215 OCEAN DR W READING, MA 01867 READING, MA 01867 STAMFORD, CT 06402 2460790000001780 2460790000001790 2460930000000610 MAROTTA KIM MARIE WONG CHUNG MOU SULLIVAN ANN M CLC V REALTY TRUST 31 BAY STATE ROAD AMY MOCCIA. PO BOX 257 READING, MA 01867 260 SALEM ST MEDFORD, MA 02155 READING, MA 01867 2460920000023110 2460920000023120 2460920000023130 HAMEL JOAN M CALLAHAN FRANCES M FALLON JOHN L JR. 231 SALEM ST UNIT 1 231 SALEM ST JOYCE E FALLON READING, MA 01867 READING, MA 01867 231 SALEM ST UNIT 3 READING, MA 01867 2460920000023140 2460920000023710 2460920000023720 CONNOLLY MARY R. PHYLLIS ELLIOT SNOW GEORGE TRUSTEES 231 SALEM ST UNIT 4 237 SALEM STREET 4 SALEM ST READING, MA 01867 READING, MA 01867 WAKEFIELD, MA 01880 2460920000023730 2460920000023740 2460920000023750 PRISCILLA L CARTER PATRICIA VENTURA KAMINSKI, JOANNE M 237 SALEM STREET 237 SALEM STREET 237 SALEM ST UNIT 5 READING, MA 01867 READING, MA 01867 READING, MA 01867 2460920000023760 2460920000023770 2460920000024310 FELDMAN BERNARD ANTHES CAROLYN D SUZANNE AND DONALD RITA E FELDMAN TRSTEES 237 SALEM ST UNIT 7 DUBUQUE 237 SALEM ST READING, MA 01867 243 SALEM STREET READING, MA 01867 READING, MA 01867 2460920000024320 2460920000024330 2460920000024340 CATALDO GERALDINE JOHN AND JANET MAHONEY ROBERT AND DEBORAH SABINO CATALDO 249 SALEM STREET SOLOMON 243 SALEM ST UNIT 2 READING, MA 01867 243 SALEM STREET READING, MA 01867 READING, MA 01867 2460920000024350 2460920000024360 2460920000024370 POWERS MARY C THERESA WALK TRELEGAN ALICE 243 SALEM ST UNIT 5 249 SALEM STREET 243 SALEM ST UNIT 7 READING, M.A. 01867 READING, MA 01867 READING, MA 01867 2460920000024910 2460920000024920 2460920000024930 ALLAN R RUNGE BETTY L. MACLEAN MARGARET BOWEN 249 SALEM' STREET 249 SALEM STREET 243 SALEM STREET READING, MA 01867 READING, MA 01867 READING, MA 01867 2460920000024940 2460920000024950 2460920000024960 IANNACCONE MICHAEL CARL AND CAROL LOGAN HELEN MCLAUGHLIN LINDA LkNNACCONE 249 SALEM STREET 249 SALEM STREET 249 SALEM STREET READING, MA 01867 ( READING, MA 01867 READING, MA 01867 Ltiquettes faciles a peter ; Utilisez le gabarit AVERY® 5160® Al A Repliez a la hachure afin de ; Sens de chargement reveler le rebord Pop-UpTM j vv wv.averycom i 1-800-GO-AVERY ' 1 Easy Peel@ Labels i 1 Bend along line to © A%Mr-tY® 5160® Use Avery@ Template 51600 Feed Paper - expose Pop-Up Edgelm j 2460790000000120 2460790000000130 2460790000000140 HOLLAND PHILIP W DAVIS JEANNE F HARTIGAN ROBERT KATHRYN L HOLLAND 15 TRACK ROAD VIVIAN VIEIRA HARTIGAN 13 TRACK RD READING, MA 01867 19 TRACK RD READING, MA 01867 READING, MA 01867 J 2460790000000150 246079000000016& 2460790000000050 XU KUI TURENNE LEO F DAWE JOHN J JR. WENYI BIAN BARBARA A TURENNE DEBRA D ZUPPA 21 TRACK RD 26 TORRE ST 15 LINE RD READING, MA 01867 READING, MA 01867 READING, MA 01867 246079000000020& 246079000000021& 2460790000000040 SHERIDAN MICHAEL W LEAHY MATTHEW J VAQUERANO LUIS 34 TORRE ST 40 TORRE ST ROXIANNE CAIRNS READING, MA 01867 READING, MA 01867 11 LINE RD READING, MA 01867 2460790000000240 2460790000000250 2460790000000030 POON JONATHAN SUI ZERASCHI ROBERT L CROGAN CHRISTOPHER AVAYUET HUA YEE 106 MAIN ST SUITE 6 SUSAN CROGAN 20 TORRE STREET STONEHAM, MA 02180 7 LINE RD READING, MA 01867 READING, MA 01867 2460790000000270 246079000000028& 2460790000000360 RICHARDSON ELWOOD L JR FA]RHAVEN REALTY LAFFERTY BRIEN J JOHN W RICHARDSON ASSOCIATES LLC PAULA J LAFFERTY 8 TORRE ST 80 FAIRHAVEN RD 16 TRACK RD READING, MA 01867 CUMBERLAND, RI 02864 READING, MA 01867 2460790000000370 2460790000000380 2460790000000410 FILOSA JAMES A MENENELLO ALBERT F JR. CAPOMACCIO CAMILLE BARBARA ANN FILOSA SUZANNE MENENELLO 25 HARVEST RD 20 TRACK RD 24 TRACK RD ' READING, MA 01867 READING, MA 01867 READING, MA 01867 246095000000001A 246079000000125& .2460790000001270 WILSON CHRISTOPHER J REID DOUGLAS E SILVA MILTON P LAURA F WILSON TERESA L REID RUTH A SILVA 24 BAY STATE RD 7 NORMAN ROAD 45 TRACK RD READING, MA 01867 READING, MA 01867 READING, MA 01867 2460790000001280 2460790000001290 2460930000000710 HOLLINGSWORTH A RUTH KENNEY RICHARD PETTOROSSI MICHAEL 43 TRACK RD JULLIAN KENNEY DANIANNE PETTOROSSI READING, MA 01867 40 HARVEST RD 11 CANTERBURY DR READING, MA 01867 READING, MA 01867 2460930000000660 2460930000000690 246079000000166& SANTARPIO MICHAEL A DOKA GEORGIANNA ETAL DALEY STEPHEN C PAULA SANTARPIO 9 CANTERBURY DR SHERYL A DALEY 7 CANTERBURY DRIVE READING, MA 01867 41 TORRE STREET READING, MA 01867 READING, MA 01867 2460790000001710 2460790000001720 2460790000001730 GEMELLARO RUTH M SHERIDAN JOHN JR CHICCARELLI JOSEPH 37 TORRE STREET KELLY SHERIDAN 29 TORRE ST J READING, MA 01867 33 TORRE ST READING, MA 01867 ~w READING, MA 01867 ttiquettes faciles a peler ; A Repliez a la hachure afin de ; Sensde www.avery.com ; Utilisez le gabarit AVERY@ 516011 chargement reveler le rebord Pop-UpTM 1-800-GO-AVERY 1 ►~l°ooNUrNS° Affiliate of FRANCHISEE 3 Pluff Avenue North Reading, MA 01864 978-898-1200 Phone 978-664-4160 Fax January 5, 2009 The Board of Selectmen Town of Reading Town Hall 16 Lowell Street Reading, MA 01867 Dear Members of the Reading Board of Selectmen: 2t 4 JhN -7 PSI IQ- 54 CA ot,A C I write to respectfully request a.Waiver of Retail Sales before 6:00am, for two Dunkin' Donuts locations in Reading. Dunkin' Donuts is committed to serving our customers in an environment that is fast, friendly, and convenient. The Dunkin' Donuts at 454 Main Street and 273 Salem Street currently'both open at 6:00am. Opening at 5:00am Monday through Friday will allow these locations to better serve our customers as they start the day. Thank you in advance for your attention to this matter. We look forward to hearing from you in regards to this waiver in the near future. Sincerely, 1 Paul Bunker Director of Operations Cc: Larry Ramdin, MA; REHS, CHO; Health Services Administrator James W. Cormier; Chief of Police An Independently owned and operated FRANCHISEE of the DUNKIN' DONUTS SYSTEM OFf{FgO'~ Town of Reading 16 Lowell Street b~ Reading, MA 01867-2685 INCORpp4 FAX: (781) 942-9071 Email: townmanager@ci.reading.ma.us Website: www. readingma.gov January 29, 2009 Dunkin Donuts Affiliate of Franchisee Paul Bunker 3 Pluff Avenue North Reading, MA 01864 Dear Mr. Bunker: TOWN MANAGER (781) 942-9043 Thanks, for your letter of January 5, 2009. We have a public hearing scheduled for this matter on February 10, 2009. The two sites will be dealt with independently. The Town is sending notices to all property owners with 300 feet of the site and we will put a notice in the newspaper and you will be billed directly from the newspaper for the legal notice. Attached is a section of the Selectmen's Policy Section 3.9 Waiver of Retail Sales before 6:00 a.m. For each of the sites, you will need to address all of the items raised. The Town will solicit comments from Health, Police and Building/Zoning regarding your request. All of.this information will be made available to the Board of Selectmen at the hearing on February 10, 2009. Sin.:er ly', Peter I. Hechenbleikner Town Manager PIH/ps i y s Section 3.9 Waiver of Retail Sales before 6 a.m. Section 5.10 of the General Bylaws of the Town of Reading prohibits retail sales prior to 6:00 a.m. It also provides for a process by which the Board of Selectmen may consider allowing retail sales between the hours of midnight and 6:00 a.m. when the Board determines that permitting retail sales during those hours is in the interest of public health safety and welfare, or is in the interest of public necessity or public convenience. These regulations are adopted by the Board of Selectmen to provide guidance to the Board of Selectmen, applicants, and the public regarding how applications for waivers from the restriction on hours of retail sales will be handled. Each application will be dealt with on a case by case basis. An initial application for a waiver or hours of retail sales prior to 6 a.m. shall require a public hearing noticed to all property, owners within 300', and by publication in a local newspaper and/or publication on the Town's web site. Renewal of a waiver shall be required on an annual basis with each waiver expiring on December 31. The Board of Selectmen shall determine on a case by case basis whether a public hearing is required for each renewal. The Board of Selectmen may revoke approval upon receipt of complaints that the operation is taking place contrary to the approval granted by the Board. Revocation shall be made only after a public hearing, unless emergency circumstances require an administrative revocation pending hearing. . 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 for businesses within a commercial or industrial zoning district only. 2. In general, approval shall be for the entire business. For example, if a business dispenses gasoline, sells coffee, and has a convenience store, all within the same business, then the approval shall be for all parts of the business. 3. The retail use for which approval of a change. in retail hours is permitted will be the principal use on the property. 4. Written approval of the property owner will be required prior to the Board hearing an application for a license. This will need to be renewed annually. 5. The Board may require evidence that the change in permitted hours of retail operation will have minimal effect on the neighborhood adjacent to the site. 6. The applicant must show that adequate controls are in place to ensure public safety and follow food code sanitation protocols. 7. No waiver of the hours of retail sales will be considered for prior to 5 am Monday through Friday. No waivers shall be considered for Saturdays, Sundays, or State Designated legal holidays. 8. The Board may limit the use of outdoor speakers, drive-thru's, and/or restrict parking in certain areas in order to limit the impact of the waiver on neighboring properties. In order to address these issues, the Board may require a site plan from applicants, drawn to scale, and showing locations of these features and their relation to abutting residential buildings. 9. Prior to the issuance of a waiver on the hours of retail sales, the Board may request a review by the Health Division, Police Department, and the Building/Zoning Inspection Division and proof that all necessary approvals, permits, and other licenses needed to operate have been issued. 3-21 Board of Selectmen PoliciP° n 10. A waiver to allow retail uses prior to 6 a.m. is not a waiver of any other bylaw or regulation of the Town of Reading or other agency having jurisdiction. 11. Parking lot cleaning, and other maintenance operations (excluding emergency work), and deliveries shall not take place between the hours of 9:00 PM and 7:00 am. Rubbish collection and recycling shall not take place between 9:00 PM and 6:30 am. Ad6pted 6/26%07 3-22 Board of Selectmen Policies 61, ' Jam' ~F READING POLICE DEPARTMENT a 15 Union Street ■ Reading, Massachusetts 01867 Emergency Only: 911 • All Other Calls: (781) 944-1212 , Fax: (781) 944-2893 DATE: JANUARY 1 , 2009 TO: CHIEF JA S W. CORMI FROM: LT DET R. ROBBINS RE: DUNKIN D NUTS A 1C TION TO OPEN 05:OOAM I received a written request for a waiver of ~tail sales before 6:OOAM for the Dunkin Donuts located at 454 Main Street and 273 m Street, Reading. 1. reviewed the Department's call history for both locations from 01/01/2007 to 12/31/2008. and found nothing out of the ordinary. At this time, .I see no reason why the waiver should not be granted. Page 1 of 1 Schena, Paula From: Hechenbleikner, Peter Sent: Tuesday, February 03, 2009 2:57 PM To: dotdance2000@yahoo.com Cc: Schena, Paula Subject: RE: Waiver Dunkin' Donuts 273 Salem Street Thanks Dorothy. I will pass this along to the Board of Selectmen for the hearing. Pete From: Dorothy C [mailto:dotdancb2000@yahoo.com] Sent: Sunday, February 01, 2009 3:17 PM To: Town Manager Subject: Waiver Dunkin' Donuts 273 Salem Street Attention: Town Manager Peter I. Hechenbleikner Reading, MA 01867 February 1. 2009 I wish to respond to the potential waiver set before the Board of Selectmen for Dunkin' Donuts to open their establishment at 5 a.m..rather than their present time of 6 a.m. on February 10, 2009: I live at Maplewood Village 261 Salem Street. Dunkin Donuts is right next to my building and it would be a hardship for those of us here. Trucks and .Cars leave their motor's running, alarm systems are sometimes activated accidently waking residents. If would be intolerable to have this happen at 5 a.m. Thank you for your consideration in this matter. Sincerely, Dorothy L. Cantino 261 Salem Street, Unit 2 Reading, MA 01867 2/3/2009 Page 1 of 1 Schena; Paula From: Hechenbleikner, Peter Sent: Tuesday, February 03, 2009 2:57 PM To: aubrey.eric@yahoo.com Cc: Schena, Paula Subject: RE: Dunkin Donuts, 273 Salem Street Thanks Carol and Carl. I will pass this along to the Board of Selectmen for the hearing. Pete From., Carol Logan [mailto:aubrey.eric@yahoo.com] Sent: Sunday, February 01, 2009 7:28 PM To: Town Manager Subject: Dunkin Donuts, 273 Salem Street We are residents of Maplewood Village. In order not to increase disturbance to the residents at a very early a.m. hour, we request that the opening of Dunkin Donuts at 273 Salem Street, Reading at 5:00 a.m. not be approved. A number of residents here live within feet of this Dunkin Donuts. Carol & Carl Logan 249-5 Salem Street 2/3/2009 Page 1 of 1 Hechenbleikner, Peter From: Dorothy C [dotdance2000@yahoo.com] Sent: Thursday, March 12, 2009 6:21 PM To: Town Manager Subject: Dunkin' Donuts Attention: Peter L Hechenbleikner Please be advised that I am not in favor of Dunkin' Donuts located at 273 Salem Street opening at 5 a.m. I live at 261 Maplewood Village which is right next door. It would present a hardship for residents since customers of Dunkin' Donuts leave their motors (trucks &'vehicles) running along with car alarms going off disturbing the sleep of residents. Additionally, this is the second request by the proprietors (the first a no-show) so, I am once again sending you my request for consideration. Thank you for your attention. Dorothy Cantino sjz( 3/13/2009 LEGAL NOTICE TOWN DF.READING To the Inhabitants of the Town of Reading: Please take notice, that the . Board of Selectmen of the Town of Reading will hold the follow- ing public hearings on Tuesday, March 11, 2009.. in the Selectmen's Meeting ..RoorA-, 16 Lowell Street, Reading, i MassachuseIts: Turn Restrictions Maln Street and.Hopkins 9:30 p..r ; Parking . Regulations I Brande'CourtParking Lot"- 0:45".: ..p..m. i + Stop - Northbound Harrison Street at Charles 10:00 p.m: . A. copy of the, proposed reg- ulations_ are available In the Town Manager's Offi.ce.; Lowell Street, R.eadiri.g, Mp.: from 8:.30 a.m.- 5;00 p.ma. M F andi are attached 'o the hearing notice. 'on. th.e :.w:elsite. , at; www,reading ma:.gov All interested: parties,. may . appear in person,; may._subm t.., their comments iri writing,. pi-by., email to town manaaer@ci.read ina.ma.us. order of, - Peter 1. Hechenbleil ner Town Manager 3/10 Sp-+' TOWN OF READING Voted: The Traffic Rules and Regulations adopted by the Board of Selectmen on March 28, 1995, for the Town of Reading, are hereby amended by adding to Article 6, Section 17b "RIGHT TURN ONLY", A-13c the following regulation(s). 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JOHN R DRINKWATER 392 SOUTH ST READING, MA 01867 246006A000002030 DIPINTO SALVATORE J SR TRUSTEE 3 LEANING ELM DR READING, MA 01867 246006A000003070 DIODATI JAMES M NICOLENE A DIODATI 7 LEANING ELM DR READING, MA 01867 246006A000004110 FLAHERTY BARBARA L ETAL THE FLAHERTY REALTY 11 LEANING ELM DR READING, MA 01867 2460110000000070 AMES CHARLES H A&MTRUST 87 HOPKINS ST READING, MA 01867 2460110000000080 SIDIROPOULOS HARALAMPOS 106 MAIN ST READING, MA 01867 246011000000010A ROBERTS JASON S TR NR REALTY TRUST r 3 WEDGEWOOD DR CC/_ANDOVER, MA 01810 J www.avery.com ; 1-800-GO-AVERY 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 the follow- ing public hearings on Tuesday, Wtrch 17, 2009. in the Selectmen's Meeting Roon), 1,6 Lowell Street, Reading, Massachusetts: Turn Restrictions Main Street. and. Hopkins 9:30 p.m: . Parking Regulations Grande Court Parking Lot - 9:45'. p.m. + Stop - Northbound Harrison Street at Charies 10:00,.p. m. . A. copy of the, prQposed reg- u_ion"are avaliable n tlats ihe ToWfi :Manager's 0ffi.ce:;;.1.& Lo.wel{ Street; R.eaditg, from:830; a.m. 5:00 .prriri.. M-F i and :are attached to tfie :hearing not! de. on the Vb site.., at, www.reading ma:gov Ali (nterested: parties,, may appear in person, may..submit" their. comments in writing;. or"~by , email to townmanaaer @ cl :read ina.mams. :By,,order of. Peter 1. Hechenbleikner Town Manager 3/10 r9), APPENDIX A-2a 5.4.1a PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS Two Hour Parkins All Dav in the Business District 8:30 a.m. to 5:00 p.m. (Mondav throush Fridav) (Continued) Chute Street - Between Haven Street and Woburn Street, east side. Chute Street - West side from #42 to Woburn Street. Harnden Street - On the easterly side between Union Street and Pleasant Street. Harnden Yard Municipal Parking Lot - Behind Walgreen's (excluding permit parking) Haven Street - Between High Street and Main Street. High Street - On the easterly side between Washington Street and Woburn Street. Lowell Street - North side between the entrance to the Laurel Hill Cemetery and Highland Street. Main Street - Between Green Street and Woburn Street on the westerly side, and between Green Street and Pleasant Street on the easterly side. Parker Street Municipal Parking Lot - Behind Senior Center (excluding permit parking). Pleasant Street - North side between Middle Street and Parker Street. Pleasant Street - South side from old Police Station driveway through the intersection of Middle Street. Salem Street - Between Main Street and the entrance to the Laurel Hill Cemetery. Sanborn Street - On the westerly side between Woburn Street and Haven Street. Sanborn Street - On the easterly side between Woburn Street and Haven Street. Upper Municipal Parking Lot - Behind CVS. Upper lot West of Main Street - Between Woburn Street and Haven Street. Woburn Street - On the northerly side from Sanborn Street west to 107 Woburn Street. Woburn Street - On the southerly side from Sanborn Street west to 84 Woburn Street. APPENDIX A-3b 5.4.2b PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS 120 Minute Parkins. 8:00 a.m. to 5:00 p.m. (Mondav throush Fridav) Imagination Station - Imagination Station parking lot. TWO HOUR PARKING OR ALL DAY WITH EMPLOYEE PERMIT DURING CERTAIN HOURS ON CERTAIN STREETS 8:00 a.m. to 5:00 p.m. (Mondav throush Fridav) Chapin Avenue - On the southerly side from #15 Chapin Avenue to Elliott Street. Gould Street - 16 spaces on the north side and south side of Gould Street heading westward starting from 16 Gould Street boundary line to Haven Street. Green Street - On the southerly side between Main Street and Ash Street. Haven Street - On the east side of Main Street, on the southerly side from #249 Haven Street to Elliott Street. Lowell Street - On the westerly side from the Town Hall entrance to Woburn Street. Pleasant Street - On the southerly side from Main Street to Parker Street. Woburn Street - On the southerly side from Sanborn Street easterly to the driveway tq Z to the municipal parking lot. Traffic Rules and Regulations 26 March, 2007 Town of Reading 5.2.2 Signs will be posted on "on street" and "off street" parking areas as either "Resident Permit Parking Only." 5.2.3 Resident Permit stickers in the form of a Reading Community Access sticker will be sold at a cost of $25.00 ($15.00 for senior citizens over the age of 65) to residents at the Reading Police Station, 15 Union Street, at any time, day or night. Reading Community Access stickers will be issued on an annual basis. To obtain a Reading Community Access sticker, Reading residents must show identification to prove that they live in the Town, and that their vehicle is registered in the Town of Reading. Identification must include a Massachusetts Driver's License and a Massachusetts Vehicle Registration both showing the same Reading address. Reading Community Access stickers will be issued only to the vehicle owner. For leased vehicles, proof from the leasing agency that the resident requesting the sticker has control of the vehicle, and that it is garaged at the resident's principle residence will be required. For residents whose street frontage has a restriction for "Resident Parking," the Town will issue upon application to the resident,on the same basis as noted above, Community Access stickers equal to the number of vehicles registered at the address. There will be no charge for the Community Access sticker in this situation. The Community Access sticker will be modified such that it is easily identified, and will not allow access to the Compost Center or to commuter parking in the designated lots, or to other sites for which the Community Access sticker is required. 5.2.4 Residents who have more that one vehicle registered to the same family at the same address may secure a Reading Community Access sticker for each vehicle. The cost for the first vehicle shall be $25.00 ($15.00 for senior citizens over the age of 65), and the cost for each subsequent vehicle shall be $10.00. The discounted rate is available only if application is made for each of the vehicles at the same time. 5.2.5 5.2.6 Employee Parking stickers shall be available for a fee of $20.00 per month, sold annually. The Chief may establish such rules and regulations as are appropriate to ensure that such stickers are being used by employees of the businesses located in the Business District. Permits will be for parking during working hours. Employee parking will be limited to the designated areas which will be identified by signage. For residents whose street frontage has a restriction for "Employee Parking," the Town will issue upon application to the resident on the same basis as noted above, Employee Parking stickers equal to the number of vehicles registered at the address. There will be no charge for the Employee Parking sticker in this situation. Traffic Rules and Regulations 8 March, 2007 Town of Reading TOWN OF READING Voted: The Traffic Rules and Regulations adopted by the Board of Selectmen on March 28, 1995, for the Town of Reading, Appendix A-3b is hereby amended as follows: TWO HOUR PARKING OR ALL DAY PARKING WITH EMPLOYEE PERMIT DURING CERTAIN HOURS ON CERTAIN STREETS, 8 am to 5 PM (Mondav through Fridav) Brande Court DATE OF PASSAGE SELECTMEN'S SIGNATURES TOWN CLERK OF READING TOWN CORPORATE SEAL ~g l , 1..:--'' D00 U°UG y t:~b t it V c 'Y~ rn Eq u7;1 ~(y, w t `1 L9oL i ~ o S 'E N 4269 C'a. `l £Z , n s e ~"9 044 Z6 4 ~ s£L 5~ ~ f'Z o se•z5 L9z9 £ Q..- ~ t~ 2 pb 1 1 5Z ntt~ 09 9 5 9+9 ZE s 4 0E , ,6.. ~ tom, 6 _ p4• ~'`..j'-. S4' o ! t~9 ~`4 90 L~ o 090'.lb ~h / ,n+r- , . SS L ; b i ~q9F . )bin ..o 9 • e6 4,E::. 9 sob ZG..: F 6 B4' ` \ \ t 8 £ °'s S£0'9Z Z " , sb9£/ \ 6 6Zo;6! oo/ 9 6£ 66• N s ~b Sss<s ` 8LZ's ~ 'S ` ' Of''' r,o z 9 a `bS6'£6 r ss. y sS6Q 4 69, s£ °a 4 ,,,~f,,` 5Z~ £ l 68'086 °~u !y`£ Z'S. 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C/O RITE AID P 0 BOX 3165 HARRISBURG, PA 17105 2460630000000020 HAGAN STEPHEN E 68 WOBURN ST READING, MA 01867 2460630000000050 DOUCETTE EDWARD J KATHERINE A DOUCETTE PO BOX 273 NO.READING, MA 01864 2460630000000080 HARRIS W RUSSELL ETAL TRS HARRIS REALTY TRUST 90 WOBURN ST READING, MA 01867 2460630000000180 MOLETTIERI GINO P ETAL TRS LUMA REALTY TRUST 47 HIGH ST READING, MA 01867 2460630000000220 CONTE OSCAR VALERIE CONTE 98 WOBURN ST READING, MA 01867 ttiquettes faciles A paler i Utilisez le gabarit AVERY@ 51600 A Bend along line to i Feed Paper expose Pop-Up EdgeTM 2460740000000090 CARDEN ROBERT W MARIE L CARDEN 24 MOUNT VERNON STREET READING, MA 01867 246074000000033A WALDEN RACHEL S ,45 CHUTE ST READING, MA 01867 2460540000000150 RUCKER CLIFFORD L ETAL C & M REALTY TRUST PO BOX 4051 PEABODY, MA 01961 2460640000000360 CONATON THOMAS M ELIZABETH J B CONATON 16 MOUNT VERNON ST READING, MA 01867 246054000000019F TASKER SUSAN E TRUSTEE HAVEN STREET TRUST 1 HAVEN ST READING, MA 01867 2460630000000030 MAHER PHILIP R PRISCILLA M MAHER 72 WOBURN ST READING, MA 01867 2460630000000070 KELLEY TIMOTHY J CHRISTINE M KELLEY 84 WOBURN STREET READING, MA 01867 2460630000000100 TOWN OF READING PARKING 16 LOWELL ST READING, MA 01867 2460630000000190 NORTHRUP RICHARD D 57-59 HIGH ST .READING, MA 01867 246063000000025& GOOD SHEPARD EPISCOPAL CHURCH 97 WOBURN ST READING, MA 01867 ® Repliez a la hachure afin de , Sens de chargement reveler le rebord PoP-UPTM J AVERYO 51600 ; 2460740000000100 QUEENEY JAMES G JR PATRICIA A QUEENY 28 MT VERNON ST READING, MA 01867 2460540000000010 GALLO MATTEO TRUSTEE OCEAN VIEW NOMINEE TRUST 376 NORTH ST BOSTON, MA 02113 2460540000000170 KILEY ROBERT J TR 34 GOULD ST READING, MA 01867 2460540000000190 CARLSON RICHARD W 55 HAVEN ST READING, MA 01867 246063000000001& HAVEN ATLANTIC LLC 30 HAVEN ST READING, MA 01867 2460640000000320 KAUFMAN NAOMI J 64 WOBURN ST READING, MA 01867 246063000000007A KELLEY TIMOTHY J CHRISTINE M KELLEY 84 WOBURN STREET READING, MA 01867 2460630000000170 MOLETTIERI GINO P ETAL TRS LUMA REALTY TRUST 47 HIGH ST READING, MA 01867 2460630000000210 COPPOLA SUSAN E 100 WOBURN ST READING, MA 01867 2460630000000280 FOLEY KENNETH J LORI-JEAN FOLEY I 41 CHUTE ST C~ READING, MA 01867 www.avery.com 1-800-GO-AVERY L tasy reel- LaDeis Use Avery® Template 51600 246063000000029& DOHERTY LAURA A 35 CHUTE ST READING, MA 01867 2460630000000330 PAPADOPOULOS GEORGE A ARGIRO PAPADOPOULOS 79 WOBURN ST READING, MA 01867 2460630000000370 RAVINSKI STEPHEN C 69 WOBURN STREET READING, MA 01867 2460630000006010 PERERA RAVINDRA NILMINI PERERA 78 WOBURN STREET READING, MA 01867 2460630000034100 SETH DHIRAJ HARISH KOMAL DHIRAJ SETH 10 BANCROFT AVE READING, MA 01867 2460630000036030 MCLENNAN JOSEPH P 13 GREENWOOD ST WAKEFIELD, MA 01880 246063A000001010 MARK G HALL TRUSTEE DEPOT REALTY TRUST 286 PARK ST NORTH READING, MA 01864 A Bend along line to Feed Paper expose Pop-Up EdgeT" I 2460630000000310 SHIELDS SUSAN N 89 WOBURN ST READING, MA 01867 2460630000000350 BARNES CURTIS W DONNAN S BARNES 11 BANCROFT AVE READING, MA 01867 2460630000000380 SCHAFFER FREDERICK JULIANNE MCKENNEY 67 WOBURN STREET READING, MA 01867 2460630000006020 MURPHY SEAN P 1037 MAIN ST READING, MA 01867 2460630000036010 MCLENNAN JOSEPH P 13 GREENWOOD ST WAKEFIELD, MA 01880 246063A000000010 COLOMBA FRANK J 2-10 BRANDE CT UNIT A READING, MA 01867 246063A000001020 HALL MARK G TRUSTEE DEPOT REALTY TRUST 286 PARK ST NORTH READING, MA 01864 246063A000001040 246063A000002010 HALL MARK G TRUSTEE ANASTOS, LLC DEPOT REALTY TRUST 2 HAVEN STREET 286 PARK ST READING, MA 01867 NORTH READING, MA 01864 246063A000002030 ZZW REALTY LLC 19 MALL ST #2 SALEM, MA 01970 246063A000002040 READING EXECUTIVE PLACE 2 HAVEN STREET READING, MA 01867 246063A000002060 PELLET AND MIME LLC 2 HAVEN ST UNIT 206 READING, MA 01867 246063A000002070 PELLET & MIME LLC 2 HAVEN ST UNIT 207 READING, NIA 01867 AVIEPY® 5160® A 2460630000000320 SELLERS WILLIAM W SELLERS OFFICE REALTY TRUST 16 HARCOURT ST #8L BOSTON, MA 02116 246063000000035A BARNES CURTIS W DONNAN S BARNES 11 BANCROFT AVE READING, MA 01867 2460630000000520 PATEL KALPESH D RAKSHA K PATEL 15 CHUTE STREET READING, MA 01867 2460630000034080 WU FAN NANA PAN 8 BANCROFT AVE READING, MA 01867 2460630000036020 MCLENNAN JOSEPH P 13 GREENWOOD ST WAKEFIELD, MA 01880 246063A000000020 COLOMBA GIUSEPPE ROSARIA COLOMBA 30 FRANKLIN ST READING, MA 01867 246063A000001030 HALL MARK G TRUSTEE DEPOT REALTY TRUST 286 PARK ST READING, MA 01867 246063A000002020 SPYROU LEONIDAS 9 COBBLESTONE LANE SUDBURY, MA 01776 246063A000002050 HALL MARK G TRUSTEE TRUE VALUE REALTY TRUST 286 PARK ST NORTH READING, MA 01864 246063A000002080 SAMPSON STEPHEN J 2 HAVEN ST STE 208 READING, MA 01867G-~ ' ~tiquettes faciles a peter ; ® Repliez a la hachure afin de i www.avery.com ; Utilisez le gabarit AVERY@ 51600 chaSenscle rgement reveler le rebord Pop-UpTM 1-800-GO-AVERY tasy reet° Laoeis i e Bend along line to i Use Avery@ Template 51600 1 Feed Paper . expose Pop-Up EdgeT- j 246063A000003010 HALL MARK G TRUSTEE TRUE VALUE REALTY TRUST 286 PARK ST NORTH READING, MA 01864 246063A000003040 LATINA MARK A TRSTEE HAVEN JUNCTION 20 POND MEADOW DR STE 204 READING, MA 0186 2460640000000310 BLUNT RALPH C ADELE F BLUNT 22 LINDEN ST READING, MA 01867 2460640000000180 US OF AMERICA POST OFFICE 136 HAVEN ST READING, MA 01867 2460640000000330 VENEZIANO DANIELE C/O BOSTON REALTY ASSOC. 1102 COMMONWEALTH AVE BOSTON, MA 02215 2460640000000350 VACCARO CHRISTOPHER R KATHLEEN SMITH VACCARO 57 WOBURN STREET READING, MA 01867 246063A000003080 HIGH STREET LTD. PRTNRSHP 107 WOBURN ST READING, MA 01867 2460640000000240 FILLMORE SCOTT N 25 LINDEN ST READING, MA 01867 2460640000000260 READING MASONIC ASSOC. PO BOX 521 READING, MA 01867 246064000000030A BUGBEE NEWELL S (LE) KAREN BROWYN GERMAN 14 LINDEN ST READING, MA 01867 2460640000000290 COLOMBO ROBERT G ETAL 70 HAVEN ST READING, MA 01867 246064000000026A BARILE RALPH A ETAL TRS BEAUFORT REALTY TRUST 11 LINDEN ST READING, MA 01867 246064000000028A STINCHFIELD ANNE 47 PRESCOTT ST READING, MA 01867 AVE1Y® 51600 l 246063A000003030 YOUSHENG MA HUIBIN P WANG 2 HAVEN STREET READING, MA 01867 246063A000003060 STEPHEN VIEGAS SUSAN C VIEGAS 2 HAVEN ST 4306 READING, MA 01867 246064000000031A NORDEN MARILYN MARY CHERKL 18 LINDEN STREET READING, MA 01867 2460640000000250 NEW ENGLAND TEL & TEL CO C/O NYNEX PROP DEPT PO BOX 152206 IRVING, TX 75015 2460640000000270 LJH LINDEN STREET LLC 21 ANGLEWOOD IN NORTH READING, MA 01864 2460640000000300 MCGIVERN EUGENE R 1+ TREE TOP LN KINGSTON, MA 02364 Sc~ ; ttiquettes faciles a peler ; A Repliez a la hachure afin de i www.avery com Sensde Utilisez le gabarit AVERY@ 5160 cha Bement reveler le rebord Pop-UpTM 1-800-GO-AVERY LEGAL NOTICE TOWN OF READING To the lnhabit.ants of the Town of Reading: Please take notice that the Board of Selectmen of the.Town of Reading will hold the follow- ing public hearings on Tuesday, March 17, 2009 . in the Selectmen's Meeting. Room, 16. Lowell Street, Reading, Massachusetts: Turn Restrictions Maih' Street and Hopkins 9:30 p.m.. Parking Regulations - Srande'Court ' Parking Lot'- 9:45 P.M. + Stop - Northbound Harrison` Street at Charles 10:.00.,.p.m. . A copy of the, proposed reg- ulations are available in the . ToiNti :Manager's 0ffi.ce>,',;;1'.fi, , Lowell Street, Ft.eadin.g,..M.A:. from: B:30. a.m..,- 5:00 p.rn.. M=F and, are attached to the :hearing notice. on th.e ..w:ebsite. at; www.reading ma:.gov All interepted parties, may appear in person, may.sybrnit , their comments ih writing,. or -by email to townmanaaer@ci:read ina.ma.us. By. ,order of Peter I. Hechenbleikner Town Manager 3/10 TOWN OF READING In accordance with the provisions of Chapter 89, Section 9, of the Massachusetts General Laws, the following street (s) are designated as stop streets at the intersection (s). Voted: The Traffic Rules and Regulations adopted by the Board of Selectmen on March 28, 1995, for the Town of Reading, are hereby amended as follows: . By adding to Article 6, Section 6.12, the following: STREET Harrison Ave DATE OF PASSAGE TOWN CLERK OF READING TOWN CORPORATE SEAL LOCATION Northbound at Charles St SELECTMEN'S SIGNATURES _a -?I-- I 7 - 4., jig5).~1....::..:..• 56Y`, 1227 ,128~a° K 46'1/1 61 'I /o- a7Y 13T~78' • .:l:: • _ ~1%; ' _ 1-- f ••r' 1642' l: 565, , / i 4', partial ~7•: 445-' 484 3e 2j'gs 3z / ' • .Al t'.::_-':>sl<:.: 1, .`.,-r•( V.IfZ 61.8<t 00.0 8 P / rtT' +I, - 2;, ca F!^ 5 ' 62 10,237 P a e I )N -/10+(; P ~~lv1f-RU~ - y" / 13,219W. A ' ~ ` q4~ a ~ 2 ,3a 6s N ( , ° ~ r _ t .xc :c:. ° ` _ - is-• .1 830 . '^,,,,1 i . /.SA. C' I;^,• 41 II,, 'n'~.;a. -...r' 34;:~00.1H'- 7, gtPO 6l 4 'bi.i 64 J(2 55277 •5 1 3 3f,~."-5~ F,t. 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' ^50 • 225 r! i` O " q28 1300 \ ~t , J bp6 ` '•'u~,~,p^{,•-'r--`i -•'y;\mn 525 -!yl~c'2~ l ~ zs i • /1 \ t 13 ~n ` (S Ji;;'" i:~r°. t° ~a58i'" p`" 26 1~• . / 3 o i/ +4 /r/ '`511,,1 75 0 1 1 / ° 56 ' 14' ,y 20a 434r Aso L'al~i'/,eR,ete 10~ w 2 , ..S t "TM~ 7: ,55 5 i ! 17 lr 33 ,1'4 1606$ 1 1o~z~ 10,880 5~,0 a.1s ACRES `\\\\\8.97 Acre 124' azdoa.3a 15 567 92 , `w , ,l •16,500 'r'~i... / t taw 101~,41~ ,5365 2 ( '..56995 t 30 ,....:24;LSJ , 16 2ap47 ~,v\ `t1 x,696 11 ,72 t \ r~ ~ • \5\, , 1 •i ~ 55 \ o "5349°j J ` /r%i ~I ` i 20230 10, t\`J; ~ t ~ 17675 U~;:~ ~ 2j\ `Pn >':'•'~L~\~m .n99 ~P~~~~%":~1- sA cagy rcci - I.aucia ; Use Avery® Template 51600 2461040000000040 ROWS MARK T PAULA A ROWS 64 PEARL STREET READING, MA 01867 2461040000000060 GILSON LAWRENCE S ELIZABETH S GILSON 70 PEARL STREET READING, MA 01867 2461040000000090 WINTER JANET F TRUSTEE WINTER FAMILY TRUST 69 CHARLES ST READING, MA 01867 246104000000011A CAMPBELL HUGH E C/O KAREN MCCARTHY 50 RIVERDALE AVE TEWKSBURY, MA 01876 2461040000000150 CORTESE DAVID P JOHN A CORTEST ETAL 57 HARRISON ST READING, MA 01867 246104000000020A O'KEEFE JUNE R 64 CHARLES ST READING, MA 01867 2461040000000218 BALTIER MICHAEL A PATRICIA B SALTIER 48 CHARLES ST READING, MA 01867 2461040000000270 SOARES LEONIA M 819 MAIN ST READING, MA 01867 Bend along line to Feed Paper expose Pop-Up EdgeTM 2461040000000050 MANNEY MATTHEW P 66 PEARL ST READING, MA 01867 2461040000000070 TAYLOR ANDREW V SUSAN E DAVEY 76 PEARL ST READING, MA 01867 2461040000000100 HOSSEINI ABDOLLAH E 65 CHARLES ST READING, MA 01867 2461040000000120 ELLIS THOMAS D MADELINE E ELLIS 71 HARRISON ST READING, MA 01867 2461150000000590 GILL JOHN E NATALIE FISICHELLI GILL 12 FRANCIS DR READING, MA 01867 2461040000000210 HARKINS KENNETH J KATHLEEN C HARKINS 42 CHARLES ST READING, MA 01867 2461040000000210 AGUJA BERNARD P CAROL A FULCHINI-AGUJA 38 CHARLES ST READING, MA 01867 2461040000000280 CASOLI MICHAEL PO BOX 3007 WAKEFIELD, MA 01880 ,AVE1Y® 51600 246104000000005A KENTON GWENDA GARETH P KENTON 61 HARRISON ST READING, MA 01867 2461040000000080 ALLEN BRENDON JEANNE C ALLEN 7 FAIRMOUNT RD READING, MA 01867 2461040000000110 CHASE DAVID Y KATHRYN E GORCZYCA 75 HARRISON STREET READING, MA 01867 2461040000000130 STONE L ELAINE 65 HARRISON ST READING, MA 01867 2461040000000200 MCLAUGHLIN MATTHEW ELIZABETH MCLOUGHLIN 62 CHARLES ST READING, MA 01867 246104000000021A DONOFRIO KEVIN A CHRISTINE A DONOFRIO 52 CHARLES STREET READING, MA 01867 246104000000021D ROGERSON W GORDON ROGERSON CAROL A 34 CHARLES STREET READING, MA 01867 2461040000000290 O'LEARY MARK D 831 MAIN ST READING, MA 01867 2461050000000100 2461050000000110 2461150000000110 READING SENIOR LIVING DALTON WILLIAM H JR ARENA JOHN J 75 PEARL ST DEBRA A DALTON ARENA GRACE LYNN READING, MA 01867 91 PEARL STREET 26 FRANCIS DRIVE READING, MA 01867 READING, MA 01867 2461150000000140 2461150000000150 2461150000000580 DEBENEDICTIS PAUL NEW ENGLAND TEL & TEL CO VIENO JOHN " STEPHANIE MARCUCCI C/O NY EX PROP DEPT BARBARA VIENO R 849 MAIN ST PO BOX 152206 7 FRANCIS D READING, MA 01867 IRVING, TX 75015 READING, MA 01867 Etiquettes faciles a peter , A Repliez a la hachure afin de , Sens de www.avery.com l Utilisez le gabarit AVERY@ 51600 j cha gement reveler le rebord Pop-UpTM 1-800-GO-AVERY casy reel- LaoeIS i ♦ Bend along line to i Use Avery@ Template 51600 Feed Paper expose Pop-Up EdgeTM a 2461150000000170 2461150000000180 MEHTA IRUSHI SCRIBNER DONALD L 841 MAIN ST MARIELLA SCRIBNER READING, MA 01867 835 MAIN ST READING, MA 01867 2461150000000200 2461150000000210 ARONIS CHERYL L CIACCIO JOHN M STEVEN ARONIS LINDA A CIACCIO 28 FRANCIS DRIVE 34 FRANCIS DR READING, MA 01867 READING, MA 01867 246115000000023E 2461150000000240 LOGSDON PHILIP F MCDONALD PAUL M CELIA W LOGSDON NANCY A NICHOLS 15 FRANCIS DR 72 CHARLES ST READING, MA 01867 READING, MA 01867 2461150000000270 2461150000000280 CONNELLY ALISON E GRIECO JUSTIN M BRIAN A BOUTIETTE ELIZABETH A PINE 68 CHARLES ST 74 CHARLES ST READING, MA 01867 READING, MA 01867 246115000000051A 2461150000000550 LEPORE GREGORY J CERRETANI JAMES V ' JAON LEPORE KAREN A CERRETANI 11 FRANCIS DR 33 FRANCIS DR READING, MA 01867 READING, MA 01867 '2461150000000570 LOGSDON PHILIP F CELIA W LOGSDON 15 FRANCIS DR READING, MA 01867 © AVERY@ 51600 1 2461150000000190 KING PAUL J BARBARA. T KING. 22 FRANCIS DR READING, MA 01867 246115000000023C LEPORE GREGORY J JOAN M LEPORE 11 FRANCIS DR READING, MA 01867 2461150000000260 DELUCCIA DOROTHY M (L.E.) PAUL DELUCCIA 66 CHARLES ST READING, MA 01867 2461150000000420 POWER BRIAN J ANN M POWER 16 FRANCIS DR READING, MA 01867 2461150000000560 WALCOTT ROBERT J SALENIKAS S MARINA 25 FRANCIS DRIVE READING, MA 01867 ttiquettes faciles a peler I ® Repliez a la hachure afin de i Senscle Utilisez le gabarit AVERY@ 51600 j cha gement reveler le rebord Pop-UpTM j www.avery.com I 1-800-GO-AVERY TOWN OF READING Number: 2009-1 } Fee: $50.00 This is to certify that the NORTH READING YOUTH SERVICES SUPPORT ASSOCIATION, 286 PARK STREET, NORTH READING, MASS. THE ABOVE NAMED NON-PROFIT ORGANIZATION IS HEREBY GRANTED A SPECIAL ONE-DAY LICENSE FOR THE SALE OF ALL ALCOHOLIC BEVERAGES TO BE SERVED ON THE PREMISES . FOR ASOCIAL EVENT TO BE HELD ON SUNDAY, MARCH 22, 2009 AT JORDAN'S FURNITURE, 50 WALKERS BROOK DRIVE BETWEEN THE HOURS OF 7:00 P.M. TO 10:00 P.M. Under Chapter 138, Section 14, of the Liquor Control Act. Holders of the license must purchase all liquor from a licensed wholesaler. Holders of one day licenses shall provide a bartender and/or servers who are trained and authorized to make decisions regarding continued service of alcoholic beverages to attendees. There shall be no self service of any alcoholic beverage at any event approved as a one day license. This permission is granted in conformity with the Statutes and Ordinances relating thereto a xpi es at 10:00 p.m., March 22, 2009, unle spended,prevoked. } r ,s Date Issued: March 6, 2009 Vul.. ® S RODMAN RODMAN & SANDMAN ATTORNEYS AT LAW C ~ W~ A ~ lam" March 11, 2009 Re: In re Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation M]DL No. 1358 - TOTAL Settlement Dear Client: The settlement on your behalf with TOTAL in the above case is now final and funded. Enclosed are the following: (1) Settlement Statement itemizing your gross and net settlement proceeds, attorneys' fees, and expenses; and (2) Settlement check. Thank you for your continued courtesy and cooperation. Should you have any questions, please do not hesitate to contact us. Very truly yours, AA ft & ' Richard M. Sandman Robert J. Gordon Scott Summy RMS :lz Enclosures: as stated hJ A PROFESS ION AL CORPORATION 442 M A I N S T R E E T • S U I T E 300 • M A L D E N • MA • 0 2 1 4 8- 5 1 2 2 T E L 7 8 1- 3 2 2- 3 7 2 0 • F A X 7 8 1- 3 2 4- 6 9 0 6 W W W. R R S L A W. N E T 77 -777 787 I Dallas Texas ATTORNEYS and COUNSELORS . 32-1432/11.10. s. Ph. (214) 521-36b5 3102 Oak Lawn Ave., Suite 1100 Dallas, TX 75219 CHECK.NO. . ` 1172362 PAY One Thousand Six Hundred Eighty-Four and 92/1 OODol,lars DATE AMOUNT _ 03/02/2009 1,684.92 VOID AFTER 18R:DAYS TO THE Town of Reading ""ORDER OF Reading Town Hall 16 Lowell Street Reading MA 01867 Memo: 04 1100 1 - CHTOTAL-nvb BOTESCROW 1 AUTHORIZED SIGNATURE SIGNATURE AREA CONTAINS A KNIGHT& FINGERPR-IK-CHrCK WORDING a■LL72362ne i:LLLO L1, 32SI: V13092L 952Lt El no ABSENCE 01': PINT( US. PPT! N-f 00MBER..S UNDER SiGNAT URE INOICA:TES CHECK IS VRAUDULENT. PATENT NUtJIBERS ARE PRINTED VVIT(11 HEAT 5ENSITIVE INK & WILL DISAPPEAR WHEN BLOWING OR RUBBING BARON & BUDD, P.C., ATTORNEYS and COUNSELORS Settlement Info 04 1100 1 - CHTOTAL-rwb REORDER 915 • US. PATENT NO, 5538290, 5575598, 5641183, 5785353, 5984364, 6830000 Date Amount Check Number 03/02/2009 1,684.92 1172362 BARON & BUDD, P.C. ATTORNEYS AND COUNSELORS 3102 OAK LAWN AVE., #1100 DALLAS, TEXAS 75219-4281 . (214) 521-3605 SETTLEMENT STATEMENT IN RE: Town of Reading Settlement: 09 3660 - 04 1100 1 Total Petrochemicals USA, Inc.. Total Settlement Less Attorneys fee (33.33%) Less Partial Litigation Expenses Referring Attorney Costs Misc. Postage Copies, etc. Sub Total Expenses Balance Due Claimant 2,544.82 2,544.82 848.27 10.09 1.54 11.63 1,684.92 ~G(3/ 2DJ9 MAR -9 AM Jill M. Reddish Franchise Manager Verizon Video Verizon Communications Inc. 125 High Street Boston, MA 02110 617-342-0558 jill.m.reddish@verizon.com March 4, 2009 Board of Selectmen Town of Reading 16 Lowell Street Reading, MA 01867 Re: Annual Billing Practice Notice Dear Reading Board of Selectmen, Pursuant to State Regulation 207 CMR 10.01 and 10.02, please find enclosed copies of Verizon New England, Inc.'s FiOS TV Service Billing Practice Notice. Enclosed you will find a copy of the FiOS TV Terms of Service, Privacy Notice, Sample Bill, Sample Work Order, List of Programming Services and Rates and Charges. Should you or your staff have any questions, please contact me at 617-342-0558. Sincerely, C=-;:,< ~j 1q. e."'Y. Jill M. Reddish Franchise Manager Verizon Video cc: Reading Telecorru-nuications and Technology Advisory Committee g1l, Bill Date: Feb 7, 2009 Telephone ACCOL,ri! : CUSTOMER NAME Account Summary Previous Charges $ 138.44 Payment Received Jan 29. Thank You. -138.44 Balance $ .00 New Charges Verizon Flex ( page 3) $79.99 , TV Additional Services 46.94 Internet Additional Services 8.99 Taxes, Fees & Other Charges 5.42 Total New Charges Due Mar 3, 2009 $ 14.2.34 Total Due $ 141.34 Page 1 of 4 Enjoy Verizon Flexl Verizon Flex includes FiOS TV Extreme HD and Verizon FiOS Internet for $79.99 a month. This price excludes taxes, fees and any products outside the bundle such as set-top box rentals, premium channels, video-on-demand, and security and gaming services. V Detach & return payment slip with your check, payable to Verizon. 210'HBRDAi Account: 00059568 0000333483 70-MA 9000 n New Charges Due: Mar 03, 2009 7594000471 20070115 Total Due: $ 141.34 020709 Amount Paid : 00008802 01 FP 0.394 0038 1111'll~l~~~'11'11111!1111111111111Jill Jill 1I11111 VERIZON COMMUNICATIONS PO BOX 9688 MISSION HILLS CA 91346-9688 1111uu11111111111111111,1LIKill nL1111u1nIL11 8 Bill Date: Feb 7, 2009 Telephone : Account: How to Reach Us Visit verizon.com 24 hours a day Call 1-800-VERIZON (1-800-837-4966). Your ten digit number is Use 111111 if asked for the last six digits of your account number. Billina Questions fend Bill i3a1ance Amount of Pavment Due or Pavment Arranaements 24 Hour Renair or Technical SUDDort To Order New Products For Pending Orders Centro Hisoano de Verizon Customers with Disabilities verizon.com/espanol verizon.com/disabilities Account Information Bill Cycle Dates Except for months when new services are added or dropped, your bill contains charges for one month of service. The bill cycle date (i.e., the billing peilod start and end date), often varies by service. As a result. whin YOU add or drop a service, the partial month charges wit! be based on the soPCIfir. bill cycle start and end date. Returned Payment If your payment Is returned for any reason, ;vs will resubmit it electronically. A charge may apply for each payment returned. Credit Reporting We furnish our customers' bill payment information to the major credit reporting agencies in accordance with the Fair Credit Reporting Act. 123 456-7890 Page 2 of 4 - sav "Biilino" or Dress 1 - sav "Pavments" or Dress 1 - sav "Repair and Tech SUDoort" or Dress 2 - sav "New Products" or press 3 - say "Order Status" or press 4 1-800-743-2483 1-800-974-6006 v/tty 'Pay by Phone This service is optional and provided by an independent third party vendor for a fee. Paymont by Check . Winn you pay by check, you authorize us either to use m,6vf;atbm from your check to make a one•timu olec:twnic fund transfer from your accoum O: ru pa cses this tramac;lon 3s a check. Wimp we use Information from your checK to make an e!actro~,ic fund transfer, funds may he withdrawn from your account as socr. as the same day wa receive your payment, and ynu will not receive your check back from your institution. If you wish to be excluded from the electronic fund transfer process, please call 1-888-500.5358. Payment Address Verizon, PO Box 9688, Mission Hills, CA 91346-9688 Correspondence Address Only PO Box 9002 Annapolis, MD 21401-9002 Service Providers Verizon Online provides Internet serv:ces and F!OS TV equipment. If you have other Verizon services, they are provided as follows: Verizon Long Distance provides long distance services and Verizon MA provides local and regional calling and related features, FiOS TV and all other services, unless otherwise indicated. F!OS is a registered mark of Verizon Trademark Services LLC.Your savings began Oct 28, 2008 and will continue under the agreement for 12 months. FiOS TV TV service Is provided under franchise granted by: Town of Natick, Town Hall, 13 East Central St, Natick, MA 01760, FCC Community I0: MA0405 Automatic Bill Payment Enrollment for Account:. Enroll at verizen.com, or complete 4 steps below to authorize and instruct your financial institution to deduct the amount of your monthly telephone bill from your checking account and remit directly to Verizon. This also enrolls you in Paperless billing. To discontinue Automatic Bill Payment, you must call Verizon. 1. Check box 2. Sign here 3. Put date here 4. Print email address here Go Green[ Go Paperless Billingt Pay Electronically! SA-3, Bill Date: Feb 7, 2009 Telephone : Account: New Charges Verizon Flex 1 Verizon Flex Includes: - FiOS TV Extreme HD . $ 41.99 - ROS Internet 20/5 $ 38.00 Total Verizon Flex TV Additional Services 2 Extreme HD Discount 3 Movie Package 4 HBO/Cinemax 5 Standard STB Rental 6 Dark Knight Total TV Additional Services Internet Additional Services $ 79.99 $ 79.99 • . -$10.00 14.99 21.99 3 @ 4.99 14.97 Jan 08 C:27 pm 4.99 $ 46.94 7 Security and Backup Bundle/5GB Dec 27 - Jan 26 $ 8.99 Total Internet Additional Seri/ices $ 8.99 Taxes, Fees & Other Charges TV 8 State sales tax $ .75 9 PEG Grant Fee 4.67 Total Taxes, Fees & Other Charges $ 5.42 Antenna on Your TV? You Need to Read Below With the digital television (DTV) transition, the United States is moving from analog to digital service for full power over-the-air TV broadcasts. After February 17, 2009. analog-only TVs will require a converter box to receive full-power over-the-air TV broadcasts with an antenna. TVs connected to ROSO TV will not be affected by the broadcast DTV transition. Page 3 of 4 Questions? Visit verizon.com or call 1-800-VERIZON (1-800-837-4966) Additional Services Additional Services include items you selected that are not included in your bundle. Verizon Online Account 1234567890123 Analog-only TVs should also continue to work as before to receive low power, Class ,A or translator television stations and with cable and satellite. TV services, gaming consoles, VCRs, DVD players, and similar products. Information about obtaining subsidized coupons for the government's converter box program can be obtained at www.dtv2oo9.gov or by calling 1-888-DTV-2009, or 1-877-530-2634 (TTY). More information about the broadcast DTV transition in general is available at www.DTV.gov or by calling 1-888-CALL-FCC (voice) or 1-888-TELL-FCC (TTY). You may also contact the DTV Transition Coalition at www.dfvtransition.org, or Verizon at 1-888-558-3755 (voice) or 888-558-3770 (TTY). View in detail and manage your Broadband Essentials, Extras or Verizon EZPay charges at: verizon.net/myaccount gj_~q F FIFA Name: { y y~ 1°y Address: yry K.4a:, ~"~R !'IR „r~'qT-•"`r~°f~nr. Deposit to Collect, Prepayment to Collect; Total Amounnt to Collet; Deposit Amount Paid: Prepayment Amount Paid: _TdtaM Amount Paid:....... z_ ti.-I A --i _ By signing below, I hereby acknowledge and agree to 14.9 fallowing. 1) 1 am satisfied with the quality of the in5tallation,_and F+os TV Mervioe is workinc,.T. to my satisfaction; ii} i receilved tha equipment listed on this Work Order C'EquipimentV') and the Equipment is fully functlonai and In good condition, ira I will be held financially responsible for any damage to, or misuse of, the Equipment, or if I fail to return the Equipment whoa I diroontinue receipt of Fios TV, and iv} I reaelved a copy of the Terms' i of ser`;riec (,OF=ion Terms"), which contains the terrnG and conditions governing the usage of Slos'fV by me and others within my premises, if at any time I no longer accept the Fios Terms, then I v.111 immediately notify Verizon by calling 1 886 558-155+5 and my service will be promptly efiscontinued. Customer Signature Date White - Verin 1 Pink - Verizon 2 Yellow - Customer Copy, retain for Rewrds CC 11/04 gkS 1. A Set Top Box and a Router are required for access beyond local channels. Listed monthly prices do not include Set Top Box fees. If service is cancelled within the first 36 months, the Router must be returned or an equipment fee applies. 2. The Spanish Language package cannot be combined with La Conexi6n. 30-day minimum billing period required for all packages. 3. 30-day minimum billing period required for all Premiums. 4. A service repair visit charge is assessed when a technician visit is required for general service education, to repair problems related to in-home wiring, or to connect or reconnect the service to customer-owned equipment. A service visit charge is not assessed when a technician visit is required to install or retrieve a Set Top Box, or when the repair or maintenance is related to the service itself orVerizon-owned equipment. 5. Prices do not include franchise fees and other fees paid to local governments. Service/program availability varies by location and the number of channels within each package is on approximation. Pricing applies to residential use only within the United States and is subject to change. Taxes franchise fees and other terms apply. Voice service for fiOS customers is provisioned over fiber. A battery unit will supply backup powerfor standard voice service (but not Voice Over IP services), including E-911, for up to eight hours. 02009 Verizon. ~ ver1Ton Flos TV RATES & PACKAGES THIS IS Fi , THIS IS I® 02009 Verizon. AOS® is a registered trademark orVerizon. CCF90007-AIITVRates-02/09 There's a wealth of entertainment choices to go along with your current Verizon AOS TV package. Check out all the digital packages and premium channels you can choose from right now. And, since were always expanding our entertainment choices, go to verizon.com/fiostvicentral to see the latest choices available to you. Digital Service' Number of Channels Monthly Price* FiOSTVLocal 15-35 $12.99 HOS TV Essentials 237+ADSTV Local $47.99 AOS TV Extreme H D 306 + FiOS TV Local $57.99 La Conexion 180 + ROS TV Local $39.99 Forjust a few dollars extra, you can enjoy more of your favorite programming. Packages' Number of Channels Monthly Price* Movie 47SD+17HD $14.99 Spanish Language 26 $11.99 Premiums' Number of Channels HBO' 14SD+14HD Cinemax' 12SD+121-ID Setanta Sports 1 Playboy TV'/Playboy TV en Espanol 2 here! 1 International Premiums' Number of Channels International Premium Channels 27 Video On Demand (VOD) and Pay Per View (PPV) On Demand Movies New Releases & Library On Demand Adult FiOS TV Games On Demand Subscriptions W WE 24/7 Karaoke The Jewish Channel PPV Events PPV Sports ESPN GamePlan - NCAA Football ESPN FullCourt - NCAA Basketball Monthly Price* $15.99 $15.99 $14.99 $16.99 $7.99 Monthly Price* Individually Priced Monthly Price* Varies Varies Varies $9.99/mo. $7.99/mo. $5.99/mo. Varies Varies Varies Varies Set Top Box (STB) Monthly Price* Cable Card $3.99 Digital Adapter $3.99 Standard Definition (SD) $7.99 High Definition (includes HD channels) $9.99 High Definition Digital Video Recorder (includes HD channels) $15.99 HD Home Media DVR (features multi-room DVR & Media Manager) $19.99 Initial Installation One Time Charges Existing Outlet Hookup (up to 3) No Charge Additional Outlet/SetTop Box Hookup (per existing outlet) $19.99 New Outlet Install/Existing Outlet Rewire (per outlet) $54.99 Outlet Relocation (per outlet) $54.99 ROS Activation Fee $34.99 Subsequent Installations/Charges One-Time Charges New Outlet Hookup $54.99 Set Top Box Installation/Retrieval (one new/relocated outlet included, if required) $79.99 Set Top Box Addition (Self-Install) FREE Set Top Box Return with equipment drop-off at Verizon authorized locations/UPS location with prepaid mailer FREE Service RepairVisit Charge' $79.99 Other Services and Charges One-Time Charges Seasonal Service Suspension (charged at initiation, 1-6 months) $24.99 Replacement Remote $6.99 + Shipping & Handling Unreturned/Damaged - Cable Card $100.00 Unreturned/Damaged STB - Digital Adapter $175.00 Unreturned/Damaged STB -Standard Definition $240.00 Unreturned/Damaged STB -High Definition $350.00 Unreturned/Damaged S T13 - SD Digital Video Recorder (DVR) $475.00 Unreturned/Damaged STB - HD Digital Video Recorder (DVR) $550.00 2 3 Vcgel S March 10, 2009 Mr. Stephen Goldy Chairman, Board of Selectmen Town of Reading 16 Lowell Street Reading, MA 01867 Dear Mr. Goldy: SSNOUS7NG 8 ca We have received your request for an extension of the contract executed by the Town of Renting and MassHousing on April 6, 2007. The contract provided $50,000 from the Priority Development Fund: Planning Assistance for Housing Production to plan for the adoption of a smart growth zoning overlay district under the provision of M.G.L. Chapter 40R for the Downtown/Depot area, including the MBTA commuter rail station. The Town and its consultant Housing Partners, Inc. (HPI) have held several public meetings to define the boundaries of the proposed district, to draft preliminary design guidelines, and to determine appropriate sites for possible redevelopment under a smart growth district. During this time, the Town contracted separately with a parking consultant to study downtown parking. Because the parking study is expected to bear on the smart growth district development and design guidelines, the Town asked HPI to suspend its work for a period of time pending the completion of the study. The parking recommendations were completed this week and HPI has begun work on the zoning by-law. Given the progress made to date, we are pleased to extend the deadline of your contract to December 31, 2009. We look forward to working with the Town of Reading in the approval and adoption of the Downtown/Depot Smart Growth Zoning Overlay District. Please contact Miryam Bobadilla, Technical Assistance Coordinator, at (617) 573-1356 or Mirvam.Bobadillanastate.ma.us if you have any questions or need further assistance. Sincerely, Tina Brooks Undersecretary Department of Housing and Community Development Thomas R. Gleason Executive Director MassHousing DHCD 100 Cambridge Street, Suite 300 Boston, Massachusetts 02114 www.mass.eov/dhcd 617.573.1100 MassHousing One Beacon Street Boston, MA 02108 www.masshousine.com 617.854.1000 6/ 6 to ( r~ MASSACHUSETTS BASED MEMBER DRIVEN TO: MIIA Health Benefits Trust Members FROM: Ann Ludlow, Manager One Winthrop Square, Boston, MA 02110 617-426-7272 or 800-882-1498 Facsimile 617-426-9546 • www.emiia.org RE: American Recovery and Reinvestment Act of 2009 DATE: March 6, 2009 Attached for your information is a document drafted by the Trust's attorney, Paul Mulkern, regarding The American Recovery and Reinvestment Act of 2009, particularly with regard to the provisions related to the Federal subsidy toward COBRA premiums. Several municipal representatives have asked us whether the COBRA subsidy applies to cities and towns. In particular, they have asked how a "tax credit" can be redeemed by a city or town when cities and towns do not pay Federal income taxes or corporate taxes. We have been advised that the COBRA subsidy does apply to governmental units. More specifically, Section 6432 of the Internal Revenue Code (a section added to the Code by the stimulus legislation) provides that any governmental entity will be considered eligible for reimbursement for COBRA subsidy payments extended to eligible persons. In addition to the information provided in the attachment, you may wish to access: htti)://www.irs.aov/newsroom/article/O..id=204708.00.html. which provides information for employers regarding the COBRA subsidy. s~ B 0 w 0 `S'd An Interlocal Service of the Massachusetts Municipal Association The American Recoverv and Reinvestment Act of 2009 As you know, Congress recently approved a $787 billion economic stimulus package. That legislation, entitled the American Recovery and Reinvestment Act of 2009 ("the legislation" or "ARRA"), was signed by President Obama on February 17, 2009. Among the myriad of features in that legislation is a provision allowing a Federal subsidy toward COBRA premiums for coverage provided to employees (and their qualifying dependents) involuntarily terminated from'their jobs between September 1, 2008 and December 31, 2009. The Subsidv Under the legislation, COBRA-eligible employees involuntarily terminated from their jobs between September 1, 2008 and December 31, 2009 and their qualifying dependents (hereafter referred to as "eligible individuals") who elect COBRA continuation coverage are eligible to have sixty-five percent (65%) of the premium cost for their COBRA coverage paid by the Federal Government. The subsidy will apply only to COBRA premiums paid for coverage for periods commencing on or after March 1, 2009.. The subsidy.may extend for up to nine (9) months but will end at such earlier time as the employee (1) becomes eligible for coverage under another group health plan, or (2) becomes eligible for Medicare, or (3) is no longer eligible for COBRA coverage. (The subsidy does not apply to payments for health flexible spending accounts.) During months for which the subsidy is provided, the eligible individual will be required to pay the remaining thirty-five percent (35%) of the premium cost for coverage. The legislation makes no mention of the two percent (2%) service charge that Employers are allowed to charge under COBRA. It is hoped that the regulations issued by the Secretary of Labor will address that issue and confirm that the service charge may continue to be assessed to the eligible individual. Pavment of the Subsidv The legislation requires Employers to pay the sixty-five percent (65%) subsidy upfront but allows Employers to recoup those payments by offsetting the payments against payroll taxes that would otherwise be due to the Federal Government. In essence, the subsidy payments may be treated as payment of payroll taxes. Not unexpectedly, Employers seeking to recoup payment of the subsidy will be required to file with the Government a number of reports documenting those payments including: a.) an attestation of the involuntary termination of each eligible employee'(or qualifying dependent) on whose behalf subsidy payments are made b.) a report of the amount of payroll taxes offset c.) a report containing the taxpayer identification number of each eligible employee, the amount of the subsidy for each eligible employee, and whether the coverage is Individual or Family. adz The legislation directs the Secretary of Labor to issue regulations and/or other guidance necessary to implement the process by which subsidy payments are recouped. Those regulations are expected to be issued by March 17, 2009. Extension of the COBRA Election Period The legislation recognizes the fact that certain individuals who were involuntarily terminated after September 1, 2008 declined to elect COBRA coverage because they could not afford the premium cost for that coverage. The legislation allows an eligible employee or qualifying dependent who was not receiving COBRA coverage on the date the legislation was enacted (February 17, 2009) to elect COBRA continuation coverage during the extended election period that commences February 17, 2009 and ends sixty (60) days after notification of his/her new COBRA election rights has been provided to the individual by his/her former Employer. While a non-participating eligible employee/ dependent must be allowed that extended election period for enrollment, the legislation does not extend the period for which the employee is eligible for COBRA coverage. The individual's eligibility for COBRA coverage will terminate on the same date that it would have terminated if he/she had elected COBRA coverage when it was first available. Eligible individuals who elect COBRA coverage during the extended election period will have their coverage commence with the first period of coverage beginning on or after February 17, 2009. (For municipal Employers that will almost certainly be March 1, 2009.) New Notice Reauirements The COBRA notification to individuals who experience a COBRA qualifying event between September 1, 2008 and December 31, 2009 must include notification of the availability of the premium subsidy. This additional notification (that can either be incorporated into the Employer's standard COBRA notice or included in a separate document that is provided with the standard notice) must include: 1.) contact information for the group health plan administrator and any other person maintaining information relevant to the subsidy 2.) a description of the expanded election period 3.) a description of the eligible individual's obligation to provide the health plan with notification if the individual (1) becomes eligible for coverage under another group health plan, or (2) becomes eligible for Medicare, and a description of the penalties the individual will face if he/she fails to provide that notice 4.) a description of the available subsidy Any individual who was involuntarily terminated on or after September 1, 2008 must be notified of the subsidy and, if not presently enrolled in COBRA, of the fact that he/she is eligible for an extended enrollment period. The legislation requires the Secretary of Labor to publish, on or before March 17, 2009, model notices that include 2 F60 the above provisions. Employers may adopt those model notices but are not required to do so. Transition The legislation recognizes that it may take time for Employers to notify eligible individuals of the subsidy and to put in place the systems necessary for administering the subsidy. Accordingly, the legislation allows Employers to charge eligible individuals the full premium amount for coverage for the months of March and/or April. If the Employer elects to do so, the Employer will be required to reimburse the individual (for 65% of the premium cost for each month) within sixty (60) days of the individual's payment of the full premium amount. However, in lieu of making a lump sum payment of the subsidy, the Employer can make reimbursement of the amount due to the individual by crediting the individual's future premium payments, provided that it is reasonable--to believe.. that.fall reimbursement- of the overdue amount will be accomplished within one hundred and eighty (180) days. Miscellaneous Gross Misconduct - An Employer is not required to provide COBRA coverage to any employee who is terminated as a result of that employee's "gross misconduct." Clearly, a terminated employee who is not eligible for COBRA will not be eligible for the subsidy. However, the new legislation contains a review procedure within which an individual who has been denied participation in the subsidy program may request review of that denial by the Secretary of Labor. High Income Individuals - The subsidy is not available to "high income individuals" who are defined as taxpayers with modified adjusted gross income of $145,000 ($290,000 in the case of a joint return). Individuals with modified adjusted gross income between $125,000 and $145,000 (between $250,000 and $290,000 for joint filers) are eligible for only a pro-rated portion of the subsidy. Employer Subsidization of COBRA. Premiums - The subsidy is based upon the COBRA premium that is actually paid by the eligible individual. Thus, if the Employer is already. paying a portion of the COBRA premium, the sixty-five percent.(65%) subsidy can not be based upon the full premium cost for the coverage. Alternate Coverage - Unlike the standard COBRA statute, the legislation permits an eligible individual to enroll in a plan offered by the Employer that is different from the plan in which he/she was enrolled at the time of involuntary termination provided: 1.) the Employer chooses to authorize enrollment in a different plan by such involuntarily terminated individuals, 2.) the premium for the alternate coverage is no greater than the premium for the prior coverage, 3.) the alternate coverage is generally offered to the Employer's active employees, and 3 8~L/ 4.) the coverage is not a health flexible spending account or other listed limited coverage. If the Employer chooses to offer alternate coverage to eligible individuals, it is required to list that option in its amended or supplemental COBRA notice. Involuntary Termination - The legislation does not define this term. Is an employee "involuntarily terminated" if he/she agrees to be laid off in place of a less senior employee? One can imagine numerous situations where the "involuntariness" of a termination might be questioned. We can only hope for some guidance on this point in the regulations. 4 gds Pagel of2. Schena, Paula From: Hechenbleikner, Peter Sent: Wednesday, March 11, 2009 10:29 AM To: Schena, Paula Subject: FW: BACKGROUND DOCUMENTS FOR THE 1-93/1-95 RFR I/c BOS From: Frey, Bob (EOT) [mailto: Bob. Frey@state. ma. us] Sent: Wednesday, March 11, 2009 10:11 AM To: cnj4@aol.com Subject: RE: BACKGROUND DOCUMENTS FOR THE I-93/I-95 RFR Jeff, Both background documents you referenced are already publicly available as part of the MEPA certificate on the ENF (EEA#14098). There are actually 11 "Comments Received" documents listed on the last page of the certificate. They are available upon request from the MEPA office, and we fully expect that respondents to MassHighway's RFR would obtain these documents, as the consultant community is very familiar with the standard research that should be done in preparing a proposal (and at or near the top of the list is a thorough review of the ENF certificate). Also, a link to the certificate is still listed as the first item on the home page of the planning study website www.9395info.com. Since the RFR lists the website as a source of background information for preparing proposals, all direct information on the site, and indirect information through links, is included by this reference. Regarding the email distribution, the complete distribution list for the environmental study has not been formed yet. Francis Fink and many others will be added once that study gets underway. The message I sent on 2/23/09 was distributed to the Task Force mailing list from the planning study. Thanks, Bob Bob Frey Manager of Transportation Analysis Office of Transportation Planning Massachusetts Executive Office of Transportation (617) 973-7449 bob.frey@eot.state.ma.us From: cnj4@aol.com [mailto:cnj4@aol.com] Sent: Monday, March 09, 2009 12:50 PM To: Frey, Bob (EOT); jcorey@cityofwoburn.com; rick _schubert@harvard.edu; camillea42@gmaii.com; jebarnes@mit.edu; bruen-n-bruen@comcast.net; Clark, Katherine (HOU dac@cummings.com; jcosgrove@mbta.com; rnrchambercom@aol.com; kdonnelly@senate.state.ma.us; Solomon; Jennifer (EOT); rep.jamesdwyer@hou.state.ma.us; jgallagher@mapc.org; william.gordon@fta.dot.gov; rgrover@ci.stoneham.ma.us; joshua.grzegorzewski@fhwa.dot.gov; ehamblin@aol.com; Jones, Bradley (HOU George.Katsoufis@verizon.net; anthonykennedy@comcast.net; akinsman@aaasne.com; cleiner@massport.com; Lewis, Jason (HOU rmayo@mass-trucking.org; tmclaughlin@cityofwoburn.com; wba@woburnbusinessassociation.com; paulderman@verizon.net; dragucci@ci.stoneham.ma.us; maureen@northsuburbanchamber.com; Schmiedi, Elliot (EOT); sueandmikes@comcast.net; 3/11/2009 Page 2 of.2.. rstinson@wakefield.ma.us; dansullivan@assetleasing.com; etarallo@cityofwoburn.com; Tisei, Richard (SEN); billwhome@verizon.net Cc: Alfasso, Ruth (DPH); michael.a.chong@fhwa.dot.gov; Crupi, Andrea (SEN); Draisen, Mark (MAPC); tharwood@cityofwoburn.com; town ma nager@ci. reading. ma. us; Tomasz.Janikula@fhwa.dot.gov; Madden, Diane (MHD); Mcneill; E RYAN (MHD); john.mcvann@fhwa.dot.gov; pmedeiros@sigcom.com; Oldfield, Cynthia (HOU btafoya@comcast.net Subject: BACKGROUND DOCUMENTS FOR THE I-93/I-95 RFR Bob, I checked the Brief Scope for the Request for Response (RFR) and also did a quick look at the RFR and noticed that apparently there are at least two missing documents that should be made available to potential responders to the RFR. These documents are: 1. Memorandum from the Reading Board of Selectmen entitled, Town of Reading Position on Interstate Routes 95 and 93 Interchange Improvements, sent to Bernard Cohen, Secretary of Transportation, May 16, 2007. 2. Letter from the Town of Reading Conservation Commission, addressed to Secretary Ian Bowles, Executive Office of Energy and Environmental Affairs, October 9, 2007. The first document provides a thoughtful list of recommendations, such as transit and transportation demand management improvements, and highway component suggestions. This document notes that, "The Town does not endorse either of the alternative plans because they do not meet the goals of the study. Specifically, these alternatives do not eliminate all property takings, do not minimize noise impacts and do not minimize visual impacts on properties in Reading." Cleary, these issues were not resolved by the feasibility study and require further work before pushing on to that 25 percent design phase. The second document points out that "MassGIS maps used in the ENF to identify wetlands do not depict all of the wetlands known to exist in Reading, nor presumably in the other towns where work is proposed." Additional issues are raised on enviromnental impacts related to noise barriers, guardrails, drainage systems, pumping ground water and surface water where depressed roadways are proposed. Storm water recommendations are discussed. I suspect other review documents were written by public officials (e.g., Representative Brad Jones). My apologies if you referenced these documents in a publicly accessible source and I simply overlooked them. These documents represent important statements from public officials, who participated in 45 Task Force meetings over a four year period and, therefore, ought to made available to potential responders to the RFR and the public in the interest of transparency. I also checked your email distribution and did not notice the inclusion of Francis Fink of the Reading Conservation Commission. Her email address is ffink@ci.reading.ma.us Regards, Jeff Dr. Jeffrey Everson Principal Investigator, Intelligent Transportation Systems (ITS) Member: PRESERVE, 1-93/1-95 Task Force 781-944-3632 (home) 781-684-4247 (work) 339-227-0585 (cell) N 1 1/GVvy 0 z Federal Stimulus Questions Page 1 of 4 41 G ~ o-5 Schena, Paula From: Hechenblelkner, Peter Sent: Wednesday, March 11, 2009 10:24 AM To: Schena, Paula Subject: RE: REMINDER: Federal Stimulus Questions I/c Board of Selectmen From: Schena, Paula Sent: Wednesday, March 11, 2009 9:33 AM To: 'Oldfield, Cynthia (HOU)' Cc: Hechenbleikner, Peter; LeLacheur, Bob Subject: RE: REMINDER: Federal Stimulus Questions Cynthia, Attached are some additional questions from the Town of Reading. Paula Schena Office Manager Reading Town Hall 16 Lowell Street Reading, MA 01867 781-942-9043 Fax 781-942-9071 From: Oldfield, Cynthia (HOU) [mailto:Cynthia.Oldfield@state.ma.us] Sent: Tuesday, March 10, 2009 2:05 PM To: Steve Goldy forwarding account; Ben Tofoya; James Bonazoli forwarding account; Camille Anthony forwading account; Rick Schubert Multiple Addresses; Sarah Mulroy fowarding account; Finance; dtroughton@northreading.mec.edu; Schettini, Pat; Reading - Selectmen; Marino, Lillian; Schena, Paula; bmauceri@northreadingma.gov; bob@mauceri.net; Kowalski, Carol; EDC@ci.reading.ma.us; dhanlon@northreadingma.gov; lellis@northreadingma.gov; squinlan@northreadingma.gov; HGriffin@northreadingma.gov; hassettr@lynnfield.k12.ma.us; nrfac@comcast.net;. FinanceCommittee@northreadingma.gov; townadmsec@town.lynnfield.ma.us; fincom@town.lynnfield.ma.us; tlarovere@larovere.com; cam@almerritt.com; krandele@town.lynnfield.ma.us; mfeinberg@town.lynnfield.ma.us; chief@town.lynnfield.ma.us; Lyn nfieldPolice@town.lyn nfield. ma. us; captaindunn@town.lynnfield.ma.us; dpw@town.lynnfield.ma.us; crichter@town.lynnfield.ma.us; sholloway@town.lynnfield.ma.us; waughm@lynnfield.k12.ma.us; townadmsec@town.lynnfield.ma.us; treasurer@town.lynnfield.ma.us; jerickson@alum.mit.edu; monac@concentric.net; gedowsr@northreadingmass.com; jmannatty@aol.com; bob_m@attbi.com; bob_m@attbi.com Cc: Steve Goldy forwarding account; Ben Tofoya; James Bonazoli forwarding account; Camille Anthony forwading account; Rick Schubert Multiple Addresses; Sarah Mulroy fowarding account; Finance; dtroughton@northreading.mec.edu; Schettini, Pat; Marino, Lillian; Schena, Paula; bmauceri@northreadingma.gov; bob@mauceri.net; Kowalski, Carol; EDC@ci.reading. ma. us; Reading - Selectmen; dhanlon@northreadingma.gov; lellis@northreadingma.gov; squinlan@northreadingma.gov; HGriffin@northreadingma.gov; hassettr@Iynnfield.k12.ma.us; Scribner, Andrew; Ben Tofoya; bcreeden@tritownschoolunion.com; bob@mauceri.net; Kowalski, Carol; Camille Anthony forwading account; dhanlon@northreadingma.gov; dpw@town.lynnfield.ma.us; dtroughton@northreading.mec.edu; Folopoulos, Dawn; Edward Nolan; EDC@ci.reading. ma. us; fincom@town.lynnfield.ma.us; FinanceCommittee@northreadingma.gov; Finance; hassettr@lynnfieid.k12.ma.us; HGriffin@northreadingma.gov; krandele@town.lynnfield.ma.us; Lyn nfieldPolice@town.lynnfield.ma.us; Marino, Lillian; 3/11/2009 ~j' Federal Stimulus Questions Page 2 of 4 mfeinberg@town.lynnfield.ma.us; mprenney@northreadingma.gov; Schena, Paula; Schettini, Pat; Rick Schubert Multiple Addresses; Steve Goldy forwarding account; sholloway@town.lynnfield.ma.us; Reading - Selectmen; squinlan@northreadingma.gov; sholloway@town.lynnfield.ma.us; Sarah Mulroy fowarding account; townadmsec@town.lynnfield.ma.us; Johnson, Cheryl; treasurer@town.lynnfield.ma.us; waughm@lynnfield.kl2.ma.us; Balukonis, Greg; Gustus, Bill; Hechenbleikner, Peter; Singer, Ira Subject: REMINDER: Federal Stimulus Questions Importance: High REMINDER--- Last week Mike Harris from our office sent a notice to town managers asking for questions town officials/committee members have about the federal stimulus plan. Rep. Jones and I have received a growing list of questions from various town officials/committee members regarding this plan. As you know, it is a very long and complicated plan in which the state is expected to receive billions of dollars. However, with that, the state is still in the very beginning stages of understanding this complicated legislation, and the regulations and rules that go along with it. In the anticipation of learning more information Rep. Jones will be meeting this week with the Director of Infrastructure Investment, who is Governor Patrick's "right hand man" to the stimulus plan. If you, or anyone else in the town, have any questions please feel free to email me a list of questions by tomorrow (Wednesday 10 AM). After the meeting is finished I will then send out the questions and corresponding answers to the whole group to everyone on this distribution list. And speaking of distribution lists---As we, all know email is the easiest ways to communicate these days. I'm hoping to receive from this request an updated list of town officials and committee members' email addresses along with other information as soon as we receive information, Rep. Jones and I can make sure everyone receives everything we can get to them. In conclusion, please: 1. Send me an email with questions you have about the stimulus plan by tomorrow (Wednesday) by loam. 2. Forward this email to every official or committee member in your town. We'd like to everyone's questions and we don't have everyone's email! Thanks for your patience. -Cynthia Cynthia E. Oldfield Director of Local Affairs Office of the House Minority Leader Representative Bradley H. Jones, Jr. State House, Room 124 Boston, MA 02133 T: (617) 722-2100 F:(617) 722-2390 evrlthia. oldfieid(dihou. state. ma. us a,A Please Consider the Environment Before Printing this Email 3/11/2009 7~z Federal Stimulus Questions From: Harris, Michael R. (HOU) [mailto: Michael. R. Harris@state. ma. us] Sent: Thursday, March 05, 2009 12:05 PM To: GBalukonis@north read ingma.gov;,william-gustus@town.lynnfield.ma.us; Ira S. Singer; townmanager@ci.reading.ma.us Cc: Oldfield, Cynthia (HOU) Subject: Federal Stimulus Questions Good Morning, Page 3 of 4 With the Federal Stimulus money coming to the Commonwealth, the multitude of questions that officials from cities and towns across the state is staggering. In order to better answer the questions of officials in his district Rep. Jones would appreciate it if you could ask town officials to submit their questions by Monday March 9t' in an email to Cynthia Oldfield in his office. Her email address is Cvnthia.oldfield crstate.ma.us. Rep. Jones would appreciate it if you could request questions from: Yourself finance director Board of Selectmen School Committee Finance Committee School Superintendent Fire Chief Police Chief DPW Town Cleric Community Planning Commission Any other department you would like. Along with your questions, if you could also send a distribution list, if one exists, of all of the town officials. If you could include their: First Name Last Name ff13 3/11/2009 Federal Stimulus Questions Page 4 of 4 Home Address Primary Phone Secondary Phone Preferred Email Department/Committee Position Term Expires If no list exists please ask officials to submit that information along with their questions. Thank you very much, -Mike Harris Michael R. Harris Legislative Aide Office of the House Minority Leader Representative Bradley H. Jones, Jr. State House, Room 124 Boston, Ma 02133 (617) 722-2100 michael.r.harrisQ,s tate.ma.us gfY 3/11/2009 Federal Stimulus Ouestions from Reading 1. What conditions will be imposed on the town for receiving any of this money? 2. How will funds be allocated to the town? 3. How are projects selected for stimulus? 4. Anticipated timing for receipt of funds or project approval? 5. What type of reporting / tracking will be required in association with fund usage? 6. What are the requirements a project must meet to qualify? 7. What standards have they put out regarding what they are looking for in a project in order for it to be funded? 8. What is the timing of the funding opposite project progress? Is it provided in full,in advance of project start and escrowed? Are progress payments made? What happens if a project comes in less than or over budget? 9. Is the State going to layer on any additional requirements over and above the federal requirements? ~Js-- I Page 1 of 1 VC g p Schena, Paula From: Hechenbleikner, Peter Sent: Wednesday, March 11, 2009 8:39 AM To: Schena, Paula Subject: FW: Historic Inventory Attachments: Blank Form B.doc; MHC Q&A Inventory Forms.doc List/ Copy From: Kathryn M. Greenfield [mailto:kgreenfield@comcast.net] Sent: Wednesday, March 11, 2009 12:10 AM To: James Bonazoli forwarding account; Steve Goldy forwarding account; Ben Tofoya; Camille Anthony forwading account; Rick Schubert Multiple Addresses Cc: Sullivan, Roberta; Reynolds Santo, Sharl; Susan Patterson; Herrick, Karen; Greenfield, Kathryn; Cardono, Mark; Adams, Virginia; Binda, Angela; Hechenbleikner, Peter Subject: Historic Inventory Board of Selectmen. As requested at tonight's meeting, attached is a blank Form B, copied from Mass Historical's website. I have also attached a Q & A sheet published by MHC regarding inventory forms. Some of the questions we discussed earlier tonight are addressed in this publication, and I have highlighted them for your quick reference. I want to clarify one point that I stated tonight that is addressed as question 3, and that concerns who fills out an inventory form. As I had stated, anyone may fill out and submit a form, but that is the least usual way that a form is submitted to MHC. They note, "Most inventory forms are completed by local historical commissions or by professional historic survey consultants working for local historical commissions." I did mis-speak, however, on the point that submission of an inventory form places a property on the State Register. It does not. Question 7 addresses this point directly, and states, "The inventory form is simply a record of information on a historic property. It does not give a property any official historic designation. Properties are listed in the State Register of Historic Places only when they have received one of several historic designations established under local, state, or federal law." In the coming weeks, and certainly before we begin the Inventory expansion, we will confirm, with MHC, that submission of a Form B to the State is the process by which a property is added to our local Inventory. We will continue to keep you informed as we continue the process. We appreciate your time and thoughtful questions. Please let us know if you have further questions. Kathy Greenfield Chairman, Historical Commission 3/11/2009 FORM B - BUILDING MASSACHUSETTS HISTORICAL COMMISSION MASSACHUSETTS ARCHIVES BUILDING 220 MORRISSEY BOULEVARD BOSTON, MASSACHUSETTS 02125 Photograph Insert here or on a Continuation Sheet a digital photograph (either color or black and white). A paper photographic print (3%x5114" or 4x6" must also be attached to the form in this space or to a Continuation Sheet. Prints, from a photo-quality inl et printer, must use brand name paper and inks approved by MHC. Attached photographs should be clearly identified with town name and property address. See MHC's Guidelines for Inventory Form Photographs. Topographic or Assessor's Map Insert here or on a Continuation Sheet a map clearly showing the location of the property including the name of the nearest road or street and at least one other intersecting road or feature. Assessor's maps are preferred, but other forms of detailed plans such as an excerpt from a USGS topographic map or an aerial or satellite photo clearly marked are also acceptable. See MHC's Guidelines for Inventory Form Locational Information. Recorded by: Organization: Date (month 1 year): Assessor's Number USGS Quad Area(s) Form Number Town: Place: (neighborhood or village) Address: Historic Name: Uses: Present: Original: Date of Construction: Source: Style/Form: Architect/Builder: Exterior Material: Foundation: Wall/Trim: Roof: Outbuildings/Secondary Structures: Major Alterations (with dates): Condition: Moved: no I yes I I Date Acreage: Setting: d~ Follow Massachusetts Historical Commission Survey Manual instructions for completing this form. INVENTORY FORM B CONTINUATION SHEET [TOWN ] [ADDRESS ] MASSACHUSETTS HISTORICAL COMMISSION Area(s) Form No. 220 MORRISSEY BOULEVARD, BOSTON, MASSACHUSETTS 02125 I II I _ Recommended for listing in the National Register of Historic Places. If checked, you must attach a completed National Register Criteria Statement form. Use as much space as necessary to complete the following entries, allowing text to flow onto additional continuation sheets. ARCHITECTURAL DESCRIPTION: Describe architectural features. Evaluate the characteristics of this building in terms of other buildings within the community. HISTORICAL NARRATIVE Discuss the history of the building. Explain its associations with local (67° state) history. Include uses of the building, and the role(s) the owners/occupants played within the community. BIBLIOGRAPHY and/or REFERENCES u Continuation sheet 1 1. What is an MHC inventory form? Massachusetts Historical Commission inventory forms are the primary means for recording information on historic and archaeological resources in the Commonwealth. The forms are designed to record information on the location, appearance, and condition of these resources. They also allow the recording of information on the history of the resources, including their uses and the people and activities associated with them over time. Finally, inventory forms provide an evaluation of the significance of resources relative to similar properties and sites in a local or statewide context. Current photographs are attached to the forms, which also include a map showing the location of the resource. 2. Are there different types of inventory forms? Yes. The MHC has developed standard inventory forms for ten categories of cultural resources: buildings, structures, objects, bridges, areas, parks and landscape features, burial grounds, streetscapes, historic archaeological sites, and prehistoric archaeological sites. 3. Who fills out MHC inventory forms? Most inventory forms are completed by local historical commissions or by professional historic survey consultants working for local historical commissions. Inventory forms also are completed by municipal planning and community development offices and by local historic district commissions. Avocational and professional archaeologists complete inventory forms for historic and prehistoric archaeological sites. State and federal agencies complete inventory forms for historic properties under their ownership or properties that may be affected by their activities. Planners for both public and private projects subject to state or federal licensing, funding, or permitting may prepare inventory forms for historic properties potentially affected by the project. Historic preservation organizations, local historical societies, property owners, and other individuals and groups all regularly submit inventory forms for historic properties to the MHC. 4. Where are these inventory forms kept? The Inventory of Historic and Archaeological Assets of the Commonwealth, also known as the statewide inventory, is a public record and therefore available for public use at the MHC office. Information on an estimated quarter-million historic properties is included in these files. The historic properties inventory forms are arranged by town and indexed by street address. In addition to the inventory fonns, the statewide. inventory files include information recorded on maps, in reports, and on computer database files. Within local government, local historical commissions maintain a duplicate set of inventory forms, with original photographs, for their respective communities. Photocopies of local inventory forms often are available for public use at municipal libraries, offices, town halls, or other local repositories. Contact your local historical commission for more information on the location and availability of forms in your city or town. Remember that the MHC receives inventory information from many sources statewide, and may have forms and other materials not included in local files. Only forms on file with the MHC, however, are considered part of the Inventory of Historic and Archaeological Assets of the Commonwealth. 5. Can users search for specific information in the statewide inventory? Yes. The MHC has developed a computer database, the Massachusetts Cultural Resource Information System (MACRIS), that has significantly improved a user's ability to locate information in MHC's inventory files. MHC staff is able to search the historic properties database for a wide variety of attributes or combination of attributes, including (to name just a few) historic name, date of construction, architect's name, architectural style, historic use, or building material. Researchers can then use the resulting database reports to locate more detailed information on the inventory forms. (over) gJL~ " 6. In what other ways are inventory forms used and who uses them? Inventory forms are the foundation of municipal historic preservation efforts, and local historical commissions should keep other local government boards and officials aware of the availability of the inventory as a planning tool. Local inventories support the establishment of specific historic preservation tools, such as local historic districts and demolition review measures, and aid in their administration. Information from inventory forms finds its way into local classrooms, walking tours, historic marker programs, local comprehensive plans, and publications. Through their use, inventory forms help to raise public appreciation for and understanding of historic properties and sites. Inventory forms also are the fundamental research and planning document supporting the MHC's efforts to evaluate and protect cultural resources. At the MHC, project planners and MHC staff consult the inventory files to determine whether historic resources are present in a project area and, if so, to assess the potential impacts of projects on historic resources. MHC staff also uses the inventory to determine whether historic properties are eligible for listing in the National Register of Historic Places; information from the inventory can be the basis for preparing a National Register nomination. Historians, students, property owners, realtors, and journalists are among the users who consult inventory forms regularly at the MHC. Location scouts even use the inventory to find possible settings for film and television shoots! 7. Does completing an inventory form place a property in the State or National Registers of Historic Places? No. The inventory form is simply a record of information on a historic property. It does not give a property any official historic designation. Properties are listed in the State Register of Historic Places only when they have received one of several historic designations established under local, state, or federal law. A list of these designations is available from the MHC. Properties are listed in the National Register of Historic Places through a multiple step nomination process administered by the MHC and the National Park Service. For further information, see MHC's Know How #3: What You Need to Know About Listing in the National Register. 8. Does inclusion in the statewide inventory place any restrictions on a property or its use? No. However, inventory forms may be used to implement various locally adopted historic preservation mechanisms. Local demolition review, site plan and design review, and zoning overlays may cite the local inventory as a basis for identifying properties that are subject to the provisions of the ordinance or bylaw. 9. Where can I get inventory forms or help in preparing an inventory form? First contact your local historical commission or the MHC to detennine whether an inventory form has already been completed for the property in question. If not, ask your local historical commission for assistance in completing a form. Detailed instructions for completing all inventory forms are included in MHC's Historic Properties Survey Manual, on file with your local historical commission, and also available from the State Bookstore (617) 727-2834. Blank inventory forms and instructions for completing specific forms are available from the MHC. rrS' °J