HomeMy WebLinkAbout2009-02-24 Board of Selectmen PacketTown of Reading
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�G e 16 Lowell Street
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w° Reading, MA 01867 -2685
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FAX: (781) 942 -9071
Email: townmanager @ci.reading.ma.us TOWN MANAGER
Website: www. readingma.gov (781) 942 -9043
MEMORANDUM
TO: Board of Selectmen
FROM: Peter I. Hechenbleilmer
DATE: February 20, 2009
RE: February 24, 2009 Meeting
4a) Members of the Town Forest Committee will be in to give highlights.
4b) Following up on Camille Anthony's visitors at office hours last week, I will have for the
Board copies of the maps showing the demolition of the Water Treatment Plant site and
its re- grading, the Ipswich River Greenway map, and a map showing the boundaries of
the Town Forest.
4c) The ACCCP will be in for its annual update for the Board of Selectmen regarding their
activities. Their full report is in the Board of Selectmen packet, but they will just hit the
highlights during the public presentation.
4d) The State has passed a Green Communities Act and several of us from Reading went to.a
program this past winter to learn more about it, Participants frorn Reading included
representatives of the ACCCP, Facilities Department, RMLD, and the School
Department, as well as myself. Mary DeLai from the School Department will be in on
Tuesday night to give the Board of Selectmen an overview of the program. One issue of
most immediate concern is that it is possible that distribution of Federal Stimulus
Program funds for energy improvements may be only to Green Communities, (there are
very few of them to date) and Reading may want to push forward with consideration of
this program. The requirements are complex including zoning amendments and changes
in some of the rate structure for the local electric utility.
4e) Staff will bring to the Board• of Selectmen meeting a discussion and maps of the Birch
Meadow site — focused entirely on the area along Birch Meadow Drive. Engineering
staff has prepared surveys and surveyed drawings of this area to determine whether the
concept plan prepared by the planning committee will in fact fit as desired, We have
determined that it will fit, and as we had previously discussed with the Board of
Selectmen, the priority would be to finalize the location of the secondary roadway, the
required Aberjona buffer, and the location of Imagination Station.
4f) The Washington Park Planning Committee finished their work, and the priority is to
review the proposed plan with staff (particularly our Parks, Forestry, and Cemetery
Supervisor who will be responsible for maintenance of the site) to get their input; and to
determine what phasing option may be available to allow us to move forward with the
playground portion of the project this summer, and phase in the other improvements over
time. Staff will be present to provide information via maps on the proposed staging.
Once this has been agreed upon, we will need to set a date and time for a public hearing
to approve the plan.
4g) The Board has received an application for 5:00 am opening of the Mobil Station and
Convenience store on South Main Street. Enclosed in the packet is a copy of the
application, and a copy of the Board of Selectmen policies regarding this matter. Also
enclosed is the Police Department report and the Health Division report. The Board of
Selectmen will need to determine whether or not it chooses to allow for early opening on
this site.
4h) John Feudo will have a copy of a proposed master plan for the Killam School Site. This
has been reviewed with the Principal and has been the subject of a public hearing. The
Killam School playground is planned for replacement and improvement in 2011 (summer
of 2010) and the School community has begun fundraising to supplement available Town
funds, so the establishment of a master plan at this time is appropriate. The next steps
would be for the Board of Selectmen to set a public hearing date for approval of the plan.
5b) I have reviewed the Executive Session minute book for the Board of Selectmen and have
determined that the December 18, 2007, August 5, 2008, and August 26, 2008 minutes
can now be released.
/ Page 1 of 1
Schena, Paula
From: Hechenbleikner, Peter
Sent: Thursday, February 12, 2009 8:01 AM
To: Schena, Paula
Subject: FW: Town Election
I/c Board of Selectmen
From: Fred & Karen Van Magness [mailto:vanmagness @verizon.net]
Sent: Wednesday, February 11, 2009 5:39 PM
To: Hechenbleikner, Peter; Reading - Selectmen
Subject: Town Election
Dear Selectmen,
I know your policy on emails, so do not need a response.
As I observe the general lack of enthusiasm with getting Town Meeting candidates, it has been apparent to me
over a long period of time that the number of Town Meeting members needs to be reviewed with the goal of
reducing the number from 24 per precinct to 12 per precinct (4 each year) ... a 50% reduction. There are obvious
benefits.... hopefully more interested members being paramount, but also easier attempts to get quorums,
possibility of changing venue to a smaller auditorium at lower cost, less publication /mailing cost, etc. etc. Having
people elected to Town Meeting by one vote (people who are too lazy to get the 10 signatures to run officially) is a
disservice to the body. Surely 96 people can give enough cross section opinion on items that lacking another 96
would not make a material difference. If you think cutting the body in half is too sporty, then at least consider a
reduction of 25% to 18 would be a step in the correct direction.... electing 6 each cycle.
To accomplish this, I would recommend some added changes...
1. Put in the By -laws or Charter that any individual capital spending initiative of over $1,000,000 be put to the
voters for approval.
2. In the By -laws, make it easier for non Town Meeting members to speak at Town Meeting ... the current process
is inhibiting at best.
3. For major initiatives like the decision to go to MWRA could have been a ballot item..... should have been in
my opinion rather than the BOS waiting for a new elected person to be seated on the BOS before making
the decision.
Obviously these changes will require a Charter change. I believe that every 10 years the town elects all Town
Meeting members at the same time. So if there is any change decided upon, it should take effect at the time we
re -elect the entire body.
I think this is something that needs to be discussed..........
Fred Van Magness, Sr
243 Franklin S., Reading
J "� //
2/12/2009
Schena, Paula
From: Reading - Selectmen
Sent: Friday, February 20, 2009 10:42 AM
To: cycaouette@comcast.net; Reading - Selectmen
Cc: McIntire, Ted; Schena, Paula
Subject: RE: Wow!
Dear Cy:
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 in ember 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. The next "office hour" is on March 3 with Selectman Ben Tafoya.
The Town Manager has reviewed your concern and has determined from the DPW that the crews were
working until 1 am Thursday morning, at which time the snow/rain turned completely to rain. They
were sent home at that time. Because the weather turned back to snow during the night, beginning at 7
am on Thursday, the crews were sent around to their regular routes and told to. plow/sand/salt along
those routes as needed. Many roads had portions of the road clear to pavement while other portions still
had slush or snow on them. The employees used their own judgment in this work, and finished at about
loam.
Thank you again for contacting the Board of Selectmen.
James Bonazoli
Secretary,
Reading Board of Selectmen
l/c Board of Selectmen
From: cycaouette@comcast.net'[mailto: cycaouette@comcast, net]
Sent: Thursday, February 19, 2009 10:34 AM
'to: Reading - Selectmen
Subject: Wow!
Gentlemen:
I can't believe what I lust saw — a town plow qoin.q up my street spreading salt when the streets are perfectly fine
right now, the weather today will be in the 40's and will naturally and completely melt well before day's end.
Management needs to find better ways to spend our tax money or, to put it another way, find amore
commonsensical way to waste our money.
Cy Caouette
SNOW AND I
Fiscal
Year Expenditure
2009 $ 933,830
2008 $ 995.351
2007 $ 465,017
2006 $ 581,635
2005 $ 1,083.809
2004 $ 507.271
2003 $ 576.300
2002 $ 214,155
2001 $ 636,100
2000 $ 252.219
1899 $ 291.176
1998 $ 283.856
1997 $ 284,442
1996 $ 677,475
1095 $ 136.835
1094 $ 428.680
1888 $ 344.416
1992 $ 01.347
1991 $ 128,915
AVERAGES:
1 0-year $624,569
CE EXPENDITL
Initial
Appropriation
$ 450,000
$ 400,000
$ 334,727
$ 324,682
$ 307,086
$ 276.547
$ 251,100
$ 251,100
$ 226,100
$ 197,419
$ 192,301
$ 187,467
$ 182,058
$ 177,614
$ 175,000
$ 110,000
$ 110,000
$ 150,000
$ 150,000
$383.200
$301'O7S
$252,700
~�` �
� + �S�p� o~w�' ~�
IRE HISTORY through February 11, 20
Over /(Undeh Net Cost
Appropriation to Town
$ 483'830 $ 333'830 prelim.
$ 585.351 $ 995.351
$ 770.723 (5) $ 837'088 5-year
$ 230.724 /4\ $ 385,931
$ 325.200 (3) $ 489,068
$ 54.800 $ 252'219 10'yoor
$ 98.875 $ 291j76
$ 00.388 8 283,856
$ 318.080 $ 428,680 16-yuar
$ 234.410 $ 344,416
$ (58.853) $ 01.347
$448.O2Q 5-year
�322.OS3 10-ynor
$208.000 16'year
The followinci reimbursements are noted from Federal and State government relief programs:
(1)
Federal: $GA.8G3 and State: $61.123
$
120,986
(2)
Federal: $80.917
$
80'917
(3)
Federal: $87.232
$
87,232
(4)
Federal: $121.340
$
121,340
(5)
Federal Relief: $146,721
$
146,721
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F
MASSACHUSETTS WATER RESOURCES AUTHORITY
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The top 5 wastewater and waterworks projects ranked in terms of FY09 -13 spending account for
64.3% of spending in the period and are presented the following table.
Table 8
Proposed FY 10 spending for the 10 -year period encompassing FY09 -18 is $1.95 billion. The table
below provides a summary by budget cycle of the planned spending.
I c, 3
8
� '' t, WastwaterTmprovement4Pro�ectst, r�
t x�
_. ,;
,��
S.206 DI Treatment Plant Asset Protection
424.5
225.0
S.339 North Dorchester Bay
238.0
98.9
S.359 Reserved Channel Sewer Separation
113.3
80.9
S.347 East Boston Branch Sewer Relief
86.8
76.0
S.346 Cambridge Sewer Separation
57.8
36.4
Top 5 Wastewater Improvement Projects
$920.4
$517.4
Total Wastewater Program Spending
$2,454.1
$696.1
a ° Waterworks Improvement Projects
{
Amount
Spending
�
S.604 Metro West Tunnel Hultman Aqueduct Rehabilitation
703.4
62.7
S.542 John I Carroll Water Treatment Plant
430.2
41.1
S.702 New Connecting Mains - Shaft 7 to WASM 3
62.3
27.2
S.721 Southern Spine Distribution Mains
74.4
25.9
5:722 NIIi:Redundanc . &:Covered Storage
89.0
23.0.
Top 5 Waterworks Improvement Projects
$1,359.3
$179.9
Total Waterworks Program Spending
$2,415.6
$350.6
IN
Top 5 Wastewater & Waterworks Projects
$2,279.71
$697.3
Total MWRA Spending
$4,955.91
$1,084.1
Proposed FY 10 spending for the 10 -year period encompassing FY09 -18 is $1.95 billion. The table
below provides a summary by budget cycle of the planned spending.
I c, 3
8
Combined Sewer Overflow: +$18.9 million
• Reserved Channel Sewer Separation increased by $9.5 million for FY09 -13 due to revised
cost estimates and schedules.
• North Dorchester Bay CSO total project spending increased by $8.9 million primarily due to
revised cost estimates for Dewatering /Pump Station & Sewers and shift in Tunnel
Construction.
Waterworks System Improvements:
Waterworks System Improvements spending in the FY09 -13 period decreased by $35.2 million as
project spending was shifted outside the cap. This is primarily due to the re- phasing, rescheduling,
and identification of new initiatives in the Northern Intermediate High Redundancy and Storage
proj ect.
Drinking Water Quality Improvements: ($3.0) million
• Decrease due to revised construction schedule for ultraviolet disinfection.
Transmission: ($2.2) million
• Winsor Dam Hydroelectric total project spending decreased by $4.7 million in the FY09 -13
timeframe due to shift in construction start date.
Distribution and Pumping: ($28.8) million
• Northern Intermediate High Redundancy and Covered Storage to project spending
decreased by $25.4 million due to revised cost estimates and spending shifts.
Business and Operations Support:
Business and Operations Support spending in the FY09 -13 period increased by $6.1 million.
Business System Plan projects increased by $2.3 million based on revised cost estimates.
Alternative Energy increased by $2.5 million based on revised projects and schedules. This
category will be changing as more energy related projects are identified and implementation
becomes more certain.
10 16L/
S. 722 Northern Intermediate High Redundancy and
Covered Storage
Project Purpose and Benefits
®Contributes to improved public health
®Extends current asset life
Bflmproves system operability and reliability
Master Plan Project 0 2008 Priority I (see Appendix 3)
The Northern Intermediate High System lacks both pipeline redundancy and sufficient storage. The intent of this
project is to identify and take measures that reduce both the risk and impacts of a pipeline.failure within the
Northern Intermediate High System.
Project History and Background
This system serves Reading, Stoneham, Wakefield, Winchester and Woburn, with an average day demand of 9.7
million gallons. Wihmington is also considering application to MWRA for supplemental water. If Wilmington is
included, the population served is approximately 150,000. The current six million gallon capacity of MWRA's Bear
Hill Tank in Stoneham is both insufficient to meet MWRA's goal of one day of emergency storage for the service
area and is not advantageously placed within the NIH system.
Section 89 is a three mile, four foot diameter PCCP transmission main with no redundancy other than the low
capacity, century old Section 29 that parallels its route for a short distance. The 10,500 -foot length of Section 89
northwest of Spot Pond is constructed of Class IV wire which is of significant concern given experience with
catastrophic failures elsewhere in the country. Section 29 is 96 years old and measures 6,300 feet in length and 24
inches in diameter. Because of its age and the fact that it is unlined, tuberculation has reduced the pipeline carrying
capacity to approximately 45% of the original design capacity (C- value: 58). In the event of a shut down in Section
89, Section 29 may not be able to meet the minimum hydraulic needs of the area and additional chlorination to
maintain water quality may be required.
Scone
Sub -phase
Scope
Develop a concept level plan to evaluate options to reduce the risk and the impacts of
Concept Plan
potential failures in Sections 29 and 89. Measures may include (but are not limited to)
valve improvements, improved community interconnections, pipeline redundancy, targeted
emergency response plans, additional storage or other improvements that can be
implemented within the NIH system. Concept planning work will also include
environmental review of the recommended plan.
Design CA/RI
NIH Impr /Gillis
This phase is subject to change pending completion of the Concept Plan. The Concept
long -term measures to reduce the risk and impact of
PS Impr. /Reading-
Stoneham
Plan will identify short-term and
pipeline failures. This phase will cover the design and construction of short-term measures
Impr. /Mobile
identified in the conceptual plan including Gill PS Improvements, Reading /Stoneham
Pump Unit
Interconnections, and Purchase Mobile Pump Unit.
Design and
Construction
The Concept Plan has developed preliminary route alternatives in order to provide
Final will be determined following consultations with
Section 89/29
Redundancy Ph 1
redundancy to Section 89. routes
local elected officials, consideration of permitting requirements, project impacts and the
& 2
location of the recommended storage for the NIH system.
The Concept Plan has identified several potential storage locations in the NIH system. The
NIH Storage
Design and
goal is to provide approximately 6MG of additional storage in the short-term with the
future storage location should longer -term population and
Construction
potential identification of a
employment growth require additional storage.
Distribution and Pumping - 166
�C
Sub -phase Scope
Section 89/29 There must be a redundant pipeline prior to Section 89 being taken off line for repairs. o
Rehab Design and that point, the pipeline can be inspected and rehabilitated as necessary. The extent to
Construction which Section 29 will be rehabilitated will depend in part, upon the route of the redundant
pipeline.
NIH Gillis Design and construction to provide redundancy for the Gillis Pump Station. The Concept
Redundancy Plan will identify potential locations for this facility as part of the long -term improvements
Design and for the NIH system.
Construction
Exditure Forecast (in $000s) and Project Status
ments Remaining FY09 FY10 FY09 -13 FY14 -18 Beyond
FY08 Balance
$88,354 $681 $312 $23,036 $62,821 $2,497
NIH Redundancy
& Covered Storage
$25 $21.8$22. $80 G
$70 :o
c $20 $60 c
$13.8 $50
c $15 $40 .�
`n $30 d
$10 $5.2 $20 E
$3.1 �
$5 $0.7 $0.3 $10
$0 $0 v
4�
Project Status as % is approximation based on project budget and expenditures. Concept
Status 0.8% planning began in February 2006. Design for Short-term Improvements contract is
11/08 scheduled to start in July 2009.
Changes to Project Scope, Budget, and Schedule
�— Project Cost
Scheduled Completion Date FY09 -13 Spending
IFY09 I PFY10 I Chge. I FY09 I PFY10 I Chge. I FY09 PFY10 I Chge.
$84,929 $88,988 $4,059 Dec -18 Dec -18 None $48,421 $23,036 ($25,385)
Explanation of Changes
Project cost increase due to revised cost estimates for Section 89/29 Redundancy Design, Construction Phase:
and Phase 2 as well as inflation adjustments due to new ENR index.
Spending shift based on the re- sequencing of Section 89/29 Redundancy and NIH Storage contracts.
CEB Impact
The proposed storage facilities will require periodic inspection, maintenance, and water quality testing.
Distribution and Pumping -167
Master P1ani,Priority Ratings - Water
Prioritv One Critical/Emergency Risk moderate to high/Consequence very high
Projects which:
Resolve emergencies or critical threats to public health or worker health and safety
Prevent imminent failure of the system and significant loss of service
Priority Two Essential Proiects Risk variable /Consequences high
. Projects which are essential to:
Critical facility assessment
Fix existing reliability problems related to "single points of failure"
Upgrade or maintain emergency back -up facilities in operational condition
Address facilities in poor condition where the ability to provide uninterrupted service, sanitary
protections or adequate flow is compromised.
Meet minimum hydraulic performance requirements and service needs including adequate
distribution storage in areas with a critical shortfall of storage
To comply with mandated legal, regulatory or statutory requirements
Priority Three Necessary Projects Risk moderate to high/Consequences moderate to low
Projects which are necessary to:
Improve public health and worker safety
Restore the system's infrastructure where it is seriously deteriorated
Significantly improve the effectiveness, efficiency, or reliability of system operations and service
delivery including where appropriate, the ability to monitor the system
Preserve water quality during distribution
Maintain consumer confidence
To comply with other legal, regulatory or statutory requirements
Priority Four Important Projects Risk moderate /Consequence low
Projects which are important to:
Maintain the integrity of the system's infrastructure
Improve hydraulic performance or add distribution storage
Produce si ign ficant cost savings or revenue gains for MWRA
1:019
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GRAPHIC SCALE WATER TREATMENT PLANT
/ _ �•, , ,J, zr .B• so• eo' PROPOSED ATHLETIC FIELD
_ / _ FEVISIUNS:
DECEMBER lD. 2G
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PLAN 1 OF 1
Reading Massachusetts
Local
Advisory Committee on Cities for Climate Protection Governments,
' for Sustainabilily
Program (ACCCP)
Reading Neighbors' Climate and Energy Campaign
' (Reading NCEQ
http: //ci. reading. ma. us /climate t
� �y�145
ReadingMassCCP(ahotnnail.com
Reading Massachusetts Climate Action Plan Update
February 24th 2009
Note: Refer to the original Reading Massachusetts Climate Action Plan for a complete listing of Actions
and references http:/ /home comcast net /: tsopchaklpaze0002.htm.
Contents:
Municipal No- Idling Policy Update
School -wide No- Idling Policy pdate
Looped Bus Service Update
Municipal Employee Commute Program Update
Town By -Laws & Master Plan Review Update
Municipal Purchasing Policy Modifications Update
Public Outreach & Education Proguams Update
Non - motorized Transport to School Program Update
Community Energy Conservation Programs Update
Municipal Energy Efficient Buildings Update
School Climate Change Educational Program Update
Police Units on Bicycles Update
LED Light Replacement Program Update
yc.I
12/19/08
1
Municipal No- Idling Policy Update
Original RCAP Recommandations:
The Town of Reading should educate employees regarding its No- Idling Policy.
Actions Taken:
ACCCP: > Proposed the first draft of the No Idling policy for the town.
• Designed the `No Idling' curb -side signs.
• Recommended the Town Manager enforce the "No Idling" law with all
contractors working in Reading.
Town: > Adopted a No Idling policy that has been implemented throughout Reading's
municipal sector.
DPW: > Installed `No Idling' curb -side signs at Town Hall.
Next Steps & Further Recommendations:
DPW: > Install `No Idling' curb -side sign at the Public Library once the garden redesign
work is complete.
Town: > Further encourage all town ernployees,.particularly those of the RMLD, the
DPW and the RPD, to minimize their idling time.
ACCCP: > Feature the Municipal No Idling project in an RCTV program within the year.
School -wide No- Idling Policy Update
Original RCAP Recommandations:
In order to be consistent with the Municipal No- Idling Policy, the Town of Reading should
implement the `No- Idling' Policy within the school district.
Actions Taken:
ACCCP: > Designed `No Idling' curb -side signs.
> Created `No Idling' car window decals and distributed 100 to each middle and
elementary school.
ACCCP & School Superintendent: > Developed and implemented a No Idling parent pledge
program in Reading's elementary and middle schools in October 2008.
DPW: > Installed `No Idling' curb -side signs at all schools.
Schools: > Paid for the `No Idling' signs and distributed pledge materials.
Next Steps & Further Recommendations:
ACCCP: > Check in with the schools to assess the success of the program and offer
whatever help they may need. Preliminary observation indicates that parents have
reduced their idling behavior.
ACCCP: > Feature the School -wide No Idling project in an RCTV program within the
year.
12/19/08
c, 1..
2
Looped Bus Service Update
Original RCAP Recommandations:
The Town of Reading should apply for the Boston Metropolitan Planning Organization (MPO)
Suburban Mobility Grant for a local shuttle bus to be used by residents of Reading.
Actions Taken:
ACCCP /Town: > Applied for and were awarded a Boston MPO Suburban Mobility Grant for
$365,000 to partially fund the first three years of an around -town shuttle.
Town: > Asked the Boston MPO to postpone the grant, due to the 2008 global
economic crisis.
ACCCP: > Prepared a shuttle presentation for November Town Meeting but postponed
it in hopes that the town would be on more sure financial footing by April.
Next Steps & Further Recommendations:
Town: > Ensure the grant is still viable when the town is able to support the grant
ACCCP: > Review the Parking Study Recommendations Report and determine if any
alternate funding leads exist.
Municipal Employee Commute Program Update
Original RCAP Recommandations:
The Town of Reading should implement a "Green Commuter Program" in Reading.
Actions Taken:
ACCCP: > Investigated and recommended the Mass Rides program to the town.
> Arranged to have a Mass Rides representative come to Reading and give an
informational presentation about the program.
> Act as the Mass Rides coordinator for the town.
Town: > Joined the town MassRIDES rideshare program.
> Encouraged employees to make use of the MassRIDES program.
Next Steps & Further Recommendations:
Town: >Work to increase the participation of town employees in the Mass Rides
program. Investigate why the programs aren't being more fully utilized.
ACCCP: > Encourage the Reading School Department, who could be a major
contributor, and town employees to participate in the MassRIDES program.
> Feature the Municipal Employee Commute Action in an RCTV program.
> Investigate the use of informal carpooling arrangements for school clubs.
> Explore the viability of ZipCar as part of the 40R development plans.
Mass Rides: > Create a zipcode map of all potential Reading employees to facilitate greater
participation.
12/19/08 G 3
Town By -Laws & Master Plan Review Update
Original RCAP Recommandations:
The ACCCP should review the existing by -laws and perhaps the by -laws of other towns to
determine where modifications would be most effective to achieve emissions reductions.
Actions Taken:
• ACCCP: Reviewed the town's zoning bylaws and determined that the most relevant
portions.
Next Steps & Further Recommendations:
ACCCP: > Determine how the by -laws could be modified to support Reading's climate goals
> Investigate Reading's potential to receive Regional GreenHouse Gas Initiative cap
and trade funds
Town: > Put together a team to determine the feasibility of Reading as a candidate for the
Green Communities Act funding. Members should include but not limited to Mary
Delai, an ACCCP representative and an RMLD representative
Municipal Purchasing Policy Modifications Update
Original RCAP Recommandations:
Town Procurement policies should include language to address the purchasing of fuel- efficient
vehicles and to reflect the town's environmentally preferable purchasing (EPP) policy.
Actions Taken:
ACCCP: > Drafted language for the town to include in its purchasing policy to address the
purchasing of fuel- efficient vehicles and to reflect the town's environmentally
preferable purchasing (EPP) policy.
> Compiled a list of energy efficient appliances as part of the 2008 1 -2 -3 Pledge.
Town: > Put plans in place to pilot a municipal virtual desktop system in the Town Hall,
whereby computers will be connected to a main server and each personal
computer will require only a keyboard and monitor.
Next Steps & Further Recommendations:
Town: > Publicize the concept of EPP to residents.
> Make ACCCP information, such as the 2008 1 -2 -3 Pledge energy efficient
appliance hand -out, available to residents and employees through such avenues as
the town website and table displays.
> Follow ESCO conservation recommendations as they apply to purchasing
decisions and policy.
12/19/08 qc, I 4
Public Outreach & Education Programs Update
Original RCAP Recommandations:
The ACCCP should continue to implement and further expand its ongoing activities.
Actions Taken:
ACCCP: > Continued with its weekly Green Sense articles, 1 -2 -3 Pledge, Earth Day Fair and
website and attended various climate change seminars and meetings.
> ACCCP has a member on both the Reading Public Schools Conserve and Reading
Energy Committees.
> Began the planning and education necessary to produce a pilot RCTV program.
> Applied for grants for an around -town Shuttle Bus and LED lights.
Next Steps & Further Recommendations:
ACCCP: > Air the pilot ACCCP RCTV program by June.
• Create an energy resource bank for residents.
• Explore how and if to participate in the 2009 Conversation on Climate
Town: > Determine how best to incorporate ACCCP infonnation, or links to the ACCCP
website, into the town website.
Non - motorized Transport to School Program Update
Original RCAP Recommendations:
The schools and the Police Department should proceed with their plans to pilot the Safe- Routes-
To- School program.
Actions Taken:
Schools: > Joshua Eaton Elementary and Parker Middle School joined MassRIDES in
2007, with Barrows, Killam and Wood End Elementary following in 2008.
Parker Middle: > Won an award for innovation in the SRTS program, for a dance party to
celebrate their successes. They also have been awarded an infrastructure
analysis and possible construction grant through the Executive Office of
Transportation, SRTS.
Reading: > Was selected as a host site for a MassBike bike rodeo (Oct 11, 2008), with
safety training provided by MassBike staff.
RPD: > Piloting a park- nearby program for Killam School.
Next Steps & Further Recommendations:
12/19/08
NcS
RPD: > Plans to monitor and enforce the traffic safety at schools during drop off
and pick up to help curb some of the traffic infractions that are have been
reportedtaking place.
Schools: > Extend the program to the Barrows andMeetings with Birch Meadow
Elementary and Coolidge Middle Schools are scheduled to include these
schools in the program.
Town: > Continue working to keep walking routes clear of snow for winter walking
to school.
ACCCP: > Continue to help with publicity through Green Sense articles.
> Feature the Non - Motorized Transport to School Action in an RCTV
program within the year and link the benefits of this Action to the School-
wide No Idling Action.
Community Energy Conservation Programs Update
Original RCAP Recommandations:
RMLD should increase efforts on their existing energy conservation programs, and consider
expanding programs in both the residential and commercial sectors.
Actions Taken:
RMLD: > Created an Energy Efficiency Engineer (EEE) job position. The EEE will provide
the knowledge and expertise to offer commercial and residential customers the
solutions to become energy efficient.
> Expanded its conservation and efficiency rebate programs and is incorporating new
renewable energy incentives.
ACCCP: > Called for residents to reduce their home electricity use by 10% in the 2008 1 -2 -3
pledge. 183 residents pledged to reduce their electricity by 10 %, thus saving 88 tons
Of COZ this year.
Next Steps &Further Recommendations:
RMLD: > Fill the Energy Efficiency Engineer Position and institute new conservation and
renewable programs.
ACCCP: > Create related RCTV programs.
Municipal Energy Efficient Buildings Update
Original RCAP Recommandations:
The town should strive to exceed the 75th percentile of the EPA's ENERGY STAR benchmark
database for each building wherever possible.
Actions Taken: ) t G
12/19/08 t'( 6
Town EFSM: > Energy and Facilities Services Manager: Benchmarked all municipal
buildings through the EPA ENERGY STAR program.
RMLD: > Audited most of the municipal buildings, with the exception of those most
recently built, and provided occupancy sensors to be used throughout the
municipal buildings.
Town: > Completed many low -to -no -cost actions and calculated energy reductions
to average approximately 10% over the first 12 months. Contracted with an
Energy Services Company (ESCO) to audit all municipal buildings and make
proposals for efficiency and conservation measures.
Next Steps & Further Recommendations:
Town: > Review and adopt appropriate ESCO recommendations.
ACCCP: > Keep abreast of the town's decisions and look for ways to assist their
efforts.
> Feature the Municipal Energy Efficient Buildings Action in an RCTV
program within the year.
School Climate Change Educational Program Update
Original RCAP Recommandations:
Reading's schools should:
• Continue to assess where climate science and energy fit into the curriculum and incorporate
as appropriate.
Actions Taken:
RPSC: Reading Public Schools Conserve: This is a newly formed action committee with
members representing each Reading school, the RMLD and the ACCCP. It was
initiated to bring across - the -board conservation measures into the schools. The goal
of RPSC is to educate and engage students in conservation activities, which will be
incorporated into the schools. The focus for 2009 is awareness (topic: plastic bottle
waste), recycling, and energy conservation.
Next Steps & Further Recommendations:
RPSC: > Implement school /student programs.
Police Units on Bicycles Update
Original RCAP Recommendations:
The Reading Police Department (RPD) should continue and augment their use of bicycles for
regular patrols any time that weather permits.
In addition, the police department should plan to have officers on bicycles during visible town
events such as Friends and Family Day, the annual Tree Lighting, summer concerts and parades.
12/19/08 q G -7 7
Actions Taken:
RPD: > Actively utilizes the Police Bike Patrol as funding and manpower allow. RPD is
very supportive of this program.
> Attended ACCCP Earth Day Fair, Friends and Family Day and other town
events to conduct a bike helmet give-away and fitting for kids.
Next Steps & Further Recommendations:
RPD: > Continue to use Police Bike Patrol as funding and manpower allow.
LED Light Replacement Program Update
Original RCAP Recommandations:
The Town of Reading should utilize LED light fixtures wherever possible.
Actions Taken:
Town: > Reading's Route 28 Traffic Lights have been upgraded to LED as the
redevelopment of the Downtown area is underway.
> Was awarded a grant to replace four traffic light systems with LEDs, however the
state did not fund the grant when it was determined that the amount applied for would
not cover all the lights.
RMLD: > Updated RMLD's Commercial Lighting Rebate Program to incorporate the upgrade
to LED Exit signs.
Next Steps & Further Recommendations:
Town: > Continue to look for grants for LED replacements.
RMLD: > Continue to promote the Commercial Lighting Rebate Program.
12/19/08 q
Re 1 • 1 •
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LEGAL NOTICE
TOWN- OF READING
To the Inhabitants of -the
Town of Reading': - -
..Ploase
take 'notice, that th
Board , of Selectmen of the Town
of Reading .'will hold a pub j
I lic".
hearing on Tuesday, FbbrUary
24, 2009 at 6:45 p.m.-in th.e.
Selectmen's Meeting Room, , 16:
,Lowell Street, , Reading,
Massachusetts on the 5:00 a.'
Opening for -Mobil. Station, 178
Ma.in .8trep . t.
copy. of the': appl:ibati.ons- I
aro,'.-avAilab'le in the 'Town 1
Manager's Office, 16 Lowell .
Street;' Reading, MA from ,$:30.
a.m. = 5:00 p.m., M-F and are
attached to the hearing, notice
6rijhe website at www.reading.;
ma.-gov.
All interested parties may.,'
appear fri.person, may. submit
the. g
it comments . in writing, or by
i
emaillo W—wrimana-ger @ ci. read
ing.ma.us,
By order of
Peter I:
Town Manager
2/18
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178 Main Street
The data shovai on this site are
provided for planning purposes
RE
178 Main Street
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 Policies 4 & ✓
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
C� 1
3-22 Board of Selectmen Policies q es
`,
READING POLICE DEPARTMENT
15 Union Street - Reading, Massachusetts 01867 ----------------------------------
Emergency Only: 911 - All Other Calls: (781) 944-1212 - Fax: (781) 944-2893
DATE: F
TO:
FROM;
RE:
IMIER
:00 HOUR OPENING
E3
rn
cn
M01
I -.o
0-
Main Street Petroleum, LLC, d/b/a Main Stret Mobil, 178 Main Street, Reading has
requested a waiver with the Town to open for business at 05:00 hours on weekdays, to
include coffee and their convenience store.
I reviewed the Department's call history for this address from January 11, 2008 to
February 18, 2009.
Based upon my research, I see no reason why this waiver should not go forward.
Vey
qG,�'
OF RQ Town of Reading
16 Lowell Street
Reading, MA 01867-2685
FAX: (781) 942-9071 TOWN MANAGER
Email: townmanager @ci.reading.ma.us
Website: www. readingma.gov (781) 942-9043
MEMORANDUM
DATE: February 10, 2009
TO: Chief Jim Cormier
Health Administrator Larry Ramdin
FROM: Lillian Marino, Town Manager's Office
RE: Application for 5:00 a.m. Opening
Attached is an application for a 5:00 a.m. opening for the Mobil Station on 178 Main
Street.
Please review and get back to us with your comments.
Thank you for your assistance.
Yrn/
Attachments
WA.
(charier. R. Arthur, Jr.
L.. A. G;11;g.
Ms. Paula Schena
Board of Selectmen
Reading Town Hall
16 Lowell Street
Reading, MA 01867
ARTHUR & GILLIGAN
Attorneys at Law
R25 Main Street
70R / 944-7R72 ReaJing, Marrachueeffs 01867
Faea mile- 781/ 944-7706
January 26, 2009
Re: Section 3.9 - Waiver of Retail Sales before 6 a.m.
178 Main Street
Reading, MA 01867
Dear Ms. Schena:
Enclosed is my client's request for a Waiver hearing in front of the Board of
Selectman at their February, 2009 meeting.
I expect to have written permission from the owner/landlord this week and will
forward the same to you immediately.
If you need anything else from me, or my client, please let me know.
Thank you for your assistance to this point.
Yours truly,
Arthur & Gilligan
Charles R
attach: Exxonmobil
r->
G 3
.-O
e
CP-
-0
R,
Yj
q 6,1
January 26, 2009
Board of Selectmen
Reading Town Hall
16 Lowell Street
Reading, MA 01867
Re: Section 3.9 - Waiver of Retail Sales before 6 a.m.
178 Main Street
Reading, MA 01867
Dear Sir or Madam:
Please let this correspondence serve as notice of our request for a Waiver, noted
above, to open our businesses at 178 Main Street, Reading, MA (coffee, Mobil,
Convenience Store) at 5:00 a.m. on weekdays.
We would prepare for and hereby request to be put on the agenda for your
February, 2009 meeting.
Thank you for your attention to this matter.
Yours truly,
ostel -
eph C. Pri!
Main Street Petroleum, LLC
d/b/a Main Street Mobil
q&'�'
Nov 19 07 08:20a Micah Smith 262-313-3325 P.1
• 1 - i
ISM
November 18, 2007
TO: Town of Reading
Main Street Petroleum LLC (Joseph Prizio)
From Micah Smith
RE: 5am open
I am a Franchise Specialist with ExxonMobil and I approve main Street Petroleum LLC
to open before 6:00am on an everyday basis as long as the site complies with all policy's
& regulations with the Town of Reading. Should you have any questions, you can reach
me at the information below.
Thanks,
Micah Smith
Cell: 203-228-4440
Fax: 262-313-3325
Micah.i.smith@exxonmobil.com
q 0
Or jY
Town of Reading
16 Lowell Street
9V0 Reading, MA 0186.7-2685
FAX: (781) 942-9071
Email: townmanager @ci.reading.ma.us TOWN MANAGER
Website: www. read.ingma.gov (781) 942-9043
January 29, 2009
Joseph C. Prizio, Jr.
Main Street Petroleum, LLC
178 Main Street
Reading, MA 01867
Dear Mr. Prizio:
Thanks for your letter of January 26, 2009. We have a public hearing scheduled for this matter
on February 24, 2009.
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., 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 24, 2009.
in rely,
Peter I. Hechenbleikner
Town Manager
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ALBA AURITI
44 HOPKINS ST
READING, MA 01867
CURRAN PATRICK J JR
CURRAN DANIELLE P.
20 WALNUT ST
READING, MA 01867
FEAGLEY JANICE G
483 SUMMER AVENUE
READING, MA 01867
DOYON MAURICE P TR
DOYON RAYMOND M TR
103 TIMBERNECK DRIVE
READING, MA 01867
DURRANI ZAHID K
151 MAIN ST
READING, MA 01867
CHUHA KRISTINE L TRUSTEE
D & K REALTY TRUST
38 HOPKINS ST
READING, MA 01867
HOLBROOK JEFFREY H
SUSAN E HOLBROOK
12 WALNUT ST
READING, MA 01867
2460120000000150
ANDREOTTOLA LORETTA M
489 SUMMER AVE
READING, MA 01867
GREGORIO LOUIS J
FRANCES A GREGORIO
156 HOPKINS ST
READING, MA 01867
HUGHES STEPHEN M
PAULA J HUGHES
157 MAIN ST
READING, MA 01867
DOHERTY PETER. E ETAL TRS READING HOUSING
DOHERTY REALTY TRUST AUTHORITY
165 MAIN ST 22 FRANK TANNER DR
READING, MA 01867 READING, MA 01867
CLARK EDWARD J
PAULINE P CLARK
515 SUMMER AVE
READING, MA 01867
HANEY BRIAN R.
.6 MAIN
READING, • 01867
SYNNOTT BURTON J
CHERYL L SYNNOTT
PO BOX 571
READING, MA 01867 -0401
HAKANSON BRUCE C
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191 MAIN ST
READING, MA 01867
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LANDON BENJAMIN R
KATHLEEN M TIBBETTS
512 SUMMER AVE
READING, MA 01867
MACDONALD TERENCE P
KATHRYN L MACDONALD
190 MAIN ST
READING, MA 01867 -3602
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193 MAIN ST
READING, MA 01867
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PERKINS DONIS M
JANINE PERKINS
28 WALNUT ST
READING, MA 01867
SHEEDY MICHAEL L
SHEEDY CATHERINE A
8 WALNUT ST
READING, MA 01867
MOBIL OIL CORP
PO BOX 4973
HOUSTON, TX 77210
LASCHI JOSEPH TR
LASCHI REALTY TRUST
PO BOX 314
NORTH READING, MA 01864
DOHERTY PETER E ETAL TRS
DOHERTY REALTY TRUST
163 MAIN ST
READING, MA 01867
HARDY JEFFREY
ALISON HARDY
518 SUMMER AVE
READING, MA 01867
GAGE JASON L
ROBIN A GAGE
200 MAIN ST
READING, MA 01867
HOLLIS MICHAEL J
HOLLIS CAROLYN B
484 SUMMER AVE
READING, MA 01867
GALLO MATTEO TRUSTEE
OCEAN-VIEW NOMINEE TRUST
376 NORTH STREET
BOSTON, MA 02113
CONGO MATTHEW T
195 MAIN ST
READING, MA 01867 q&t-Z,/
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Board of Selectmen Meeting
February 10, 2009
For ease of archiving, the order that items appear in these Minutes reflects the order in which
the items appeared on the agenda for that meeting, and are not necessarily the order in which
any item was taken up by the Board.
The meeting convened at 7:02 p.m. in the Selectmen's Meeting Room, 16 Lowell Street,
Reading, Massachusetts. Present were Chairman Stephen Goldy, Vice Chairman Ben
Tafoya, Secretary James Bonazoli, Selectmen Camille Anthony and Richard Schubert,
Town Manager Peter Hechenbleikner, Assistant Town Manager /Finance Director Bob
LeLacheur, Police Chief Jim Cormier, RCASA Director Erica McNamara, Office Manager Paula
Schena and the following list of interested parties: Bill Brown, William Crowley, Dave and Coni
Russell, Maureen Nash -Cole, Nancy and Wayne MacLeod, Attorney Josh Latham, R. W.
Robbins, John Douglass, Rob Spadafora, John Murphy, Priscilla Gottwald, Irene Collins, Chad
and Victoria Smith, Virginia Boermester, Nancy Linn- Swain, Pamela Adrian, Michele Williams,
Pete Dahl.
Reports and Comments
Selectmen's Liaison Reports and Comments — Selectman Richard Schubert asked about the
article in the newspaper regarding a cell phone tower disguised as a tree. The Town Manager
noted that the article with the legal notice has been sent to Town Counsel for review.
Selectman James Bonazoli noted that he, Selectman Camille Anthony and the Town Manager
met at the Mattera Cabin. It has extensive water damage but no structural damage. The
Vocational School is willing to take on the project, if we supply the materials. The Town
Manager noted that the Town will have to raise funds for the furnace, materials and a plumber.
Selectman Bonazoli asked about the timeline for Imagination Station, and the Town Manager
indicated that he would get that information..
Vice Chairman Ben Tafoya thanked staff for their work for the Financial Forum. He inquired
about the status of the MWRA water storage project.
Selectman Camille Anthony noted that she had Office Hours this evening and 11 people showed
up. There were representatives from the Trails Committee, Town Forest Committee and five dog
owners who had concerns about a ball field going at the location of the former Water Treatment
Plant. They are concerned because there was no discussion on this matter.
The Town Manager noted that when the Water Treatment Plant was demolished, something had
to be done with the hole that was left in the ground so the area was graded to a level area. He
also noted that the Northern Area Greenway Committee put together a plan that included a ball
field in that area. He will put this item on the next Selectmen's Agenda for an update and get the
Northern Area Greenway Committee's plan.
5a, (
Board of Selectmen Meeting — February 10, 2009 — Page 2
Chairman. Stephen Goldy noted that there will be a Valentine's Day Lunch at the Senior Center
on Thursday at noon.
Public Comment — Bill Brown noted that there are many vacancies for Town Meeting Members
and suggested that the Town advertise the openings.
Town Manager's Report
The Town Manager gave the following report:
• Snow /Ice Budget is overspent by approximately $600,000 this year.
• Performance Contracting process — Audits are underway.
• BCC training — Ethics and Open Meeting Law — February 3rd — Good training in spite of
bad weather.
• DPW Director hiring process.
• Calls and Questions — Anonymous doesn't help get questions answered
- Scams "raising funds for the Town of Reading"
- Downtown project
- Health Insurance and GIC
• Meeting on March 9th re: zoning amendment — Smart Growth — 7:30 at Senior Center.
• Town Meeting — April 27th
• Stimulus Package requests
• Reading's Finances:
- FY 2009 - $393,000 in reductions to State Aid plus ancillary reductions
- $1.2 million reductions in State Aid for FY 2010
- Budget process
• Customer service survey is now available at all Town Offices and online on the website —
www.readingma.gov.
• An affordable housing unit at Sumner Cheney Place is available — cost is $234,200.
• Next Board of Selectmen's Office Hours at 6:30 p.m. on March 3rd — Ben Tafoya
Personnel and Appointments
Animal Control Appeals Committee — The applicant was not present but was previously
interviewed by the Board. Selectman James Bonazoli announced that this position on the
Animal Control .Appeals Committee was temporary and now that a qualified applicant has come
forward, he will resign from that committee so the applicant may be appointed.
Anthony moved and Tafoya seconded to place the followinE name into nomination for one
position on the Animal Control Appeals Committee with a term expiring June 30, 2010:
John Miles Mr. Miles received five votes and was appointed.
Economic Development Committee — The Board interviewed Michele Williams.
Bonazoli moved and Anthony seconded to place the following name into nomination for
one position on the Economic Development Committee with a term expiring June 30, 2010:
Michele Williams Ms. Williams received five votes and was appointed.
5
Board of Selectmen Meeting= February 10, 2009 — Page 3
Discussion /Action Items
Hearing 5.00 a.m. Opening — Dunkin' Donuts at 454 Main Street — The Secretary read the
hearing notice. The applicant was not present.
Pamela Adrian of 87 Ash Street indicated that she was against the early opening. She noted that
is already too much truck traffic in the morning. The trucks come off of Main Street onto Green
and Ash Streets and leave trucks idling. She also noted that if Dunkin' Donuts opens earlier,
then the donuts will be delivered earlier, and they are delivered in a tractor trailer. She noted that
Town vehicles are parking in the parking lot and letting the vehicles idle.
A motion by Tafoya seconded by Anthony that the hearing for the early opening of
Dunkin' Donuts at 454 Main Street be continued to March 17, 2009 at 9:00 p.m. was
approved by a vote of 5 -0 -0.
The Town Manager indicated that we will re- notice the hearing.
Hearing 5.00 a.m. Opening — Dunkin' Donuts at 273 Salem Street — The Secretary read the
hearing notice. The applicant was not present.
A motion by Schubert seconded by Tafoya that the hearing -for the early opening of
Dunkin' Donuts at 273 Salem Street be continued to March 17, 2009 at 9:00 p.m. was
approved by a vote of 5 -0 -0.
Continued Hearing — Liquor Policies — Chairman Stephen Goldy stated that the draft policy was
sent out to the Chamber of Commerce and the license holders. Training was done with a
consultant, and the goal is to update the policies to be consistent with State guidelines. Chairman
Goldy noted that there was an article in the Chronicle entitled "Good Night Moon" that indicated
the changes that the Board is considering are not good for businesses in town. He also noted that
he was disappointed in the article and stated that the Selectmen are trying to set up a sustainable
Downtown but they will not set policy for individual people or businesses.
The Town Manager reviewed the proposed changes to the policy. He noted that there are two
options for the orderly closing. He proposes selling up to the closing time at midnight. All
glasses have to be cleared from the tables no later than 12:30, and everyone needs to be off the
premises by 1:00 a.m. He indicated that this could either be across the board for everyone or it
could be an exception.
After much discussion between the Board members, the consensus was to have it in the policy
for everyone. Selectman James Bonazoli requested that the Board consider closing the clubs at
the same time as restaurants, and Chairman Stephen Goldy noted that was not originally
proposed, and the clubs were not given notice of the change so it would have to be addressed at a
later date.
The Town Manager noted that Section 3.2.2.3 clarifies the language on toilet facilities. In
Section 3.2.2.8, removal of alcohol is allowed by State law. For special licenses, we have a list
of wholesale dealers and will supply the applicants with the list.
Sa3
Board of Selectmen Meeting — February 10, 2009 — Page 4
The Town Manager noted that our consultant recommends removing the 3rd bullet on Page 3 -14
regarding the "general reputation of the licensee and history of the licensed business."
The Town Manager reviewed Section 3.2.8 regarding Police Details. He indicated that the
Police detail does not check identification. Chief Jim Cormier noted that is correct. The Police
detail is not a doorman, he is there to maintain peace and decorum. The Police detail can,
however, check an ID if he suspects something is wrong. Some of the Board members had
concerns about the language in Section 3.2.8 and after much discussion, it was determined to
remove this section from the policy.
The Board discussed Section 3.2.7.4 that authorizes the Town Manager as an agent of the
Licensing Authority. Chairman Stephen Goldy noted that the Police and Fire Departments do
their inspections, and the Town Manager also does an annual inspection. There was much
discussion among the Board members regarding whether the Town Manager needed to be
designated as an agent of the Licensing Authority.
John,Douglas, President of the Chamber of Commerce, indicated that it is not appropriate for the
Town Manager to be an agent of the Licensing Authority. He feels that the annual inspection is
important but he doesn't need to be designated as an agent.
Rob Spadafora of 10 Corey Lane indicated that the Selectmen need to support the businesses.
John Murphy from the Reading Co- Operative Bank indicated that the Town Manager is not the
agent in other communities.
Attorney Josh Latham, representing the Venetian Moon Restaurant, thanked the Board for doing
a great job on the policies.
Chad Smith of 517 West Street noted that chain store regulations can hurt businesses if it
restricts.
William Crowley, a Chamber of Commerce member, noted that business owners get a knot in
their stomach when the Town Manager comes into their establishments. He feels that it creates
an atmosphere of fear by making him an agent. He noted that anybody can walk into a business
and report a violation.
Pete Dahl of 16 Tennyson Road noted that the businesses need a cheerleader, not an enforcer.
He feels that the Town Manager should be seen in a positive role.
Irene Collins, Executive Director of the Chamber of Commerce, thanked the Board for allowing
them to be part of the process and sharing the information.
A motion by Anthony seconded by Bonazoll to close the hearing on amending Section 3.2 of
the Board of Selectmen Policies was approved by a vote of 5 -0 -0.
s��
Board of Selectmen Meeting — February 10, 2009 — Page 5
A motion by Schubert seconded by Anthony to remove the words "Town Manager" in
Section 3.2.7.4 and to add to Section 3.2.7.5 the following: "that the Licensing Authority
assigns the responsibility of annual inspections of the liquor license holders to the Town
Manager. These inspections. will serve the purpose of reviewing and checking compliance
with the Lieensing Authority liquor policies" was approved by a vote of 4 -1 -0, with Tafoya
opposed.
A motion by Bonazoli seconded by Anthony to approve the amendments to Section 3.2 of
the Board of Selectmen Policies, as amended, was approved by a vote of 4 -1 -0, with Tafoya
opposed.
Hearing — Transfer of Stock for the Emperor's Choice Restaurant — The Secretary read the
hearing notice.
The Town Manager noted that the Police and Health Departments reviewed the applications and
have no problem with the transfer of stock.
A motion by Bonazoli seconded by Anthony to close the hearing on the Transfer of Stock
for the Emperor's Choice Restaurant, Inc. d /b /a Emperor's Choice Restaurant was
approved by a vote of 5 -0 -0.
A motion by Bonazoli seconded by Anthony to approve the Transfer of Stock for the
Emperor's Choice Restaurant, Inc d/b /a Emperor's Choice Restaurant was approved by a
vote of 5 -0 -0.
Review 40R Process — Selectman Camille- Anthony noted that she met with the Town Planner.
CPDC will come up with schematics of Haven Street and get feedback from business owners.
Chairman Stephen Goldy suggested having the Economic Development Committee do a survey.
Selectman James Bonazoli noted that he told the EDC to hold the survey because CPDC is busy.
Vice Chairman Ben Tafoya indicated that it is important not to confuse business owners with
property owners.
It was noted this'will be discussed on March 9th at the joint meeting with CPDC.
Vice Chairman Ben Tafoya noted that when the Historical Commission comes in on March 3rd
to discuss. the inventory of properties, the property owners should know that it is being discussed.
Preview Warrant — Annual Town Meeting — The Town Manager noted that since the approval of
Question 2 in November, communities are looking at a bylaw to make it a violation to use or
consume marijuana on public property. Chief Jim Cormier and RCASA Director Erica
McNamara indicated that this is the same as the alcohol public consumption issue.
The Town Manager noted that Article 10 is an article from the Cemetery Board of Trustees
requesting funding for a Cemetery Garage.
SaK
Board of Selectmen Meeting — February 10, 2009 — Page 6
Article 12 is establishing a stabilization fund for sick leave and vacation leave buyback.
Article 14 is to transfer funds from the MBTE legal settlement into the water fund.
Article 16 is debt authorization for the energy and water conservation improvements.
Article 18 is the bylaw for snow and ice removal by commercial property owners.
Article 19 is a zoning amendment to reduce the required setback in commercial districts on south
Main Street to 50 feet.
Approval of Minutes
A motion by
Anthony seconded by
Bonazoli to approve the Minutes of January 6, 2009 was
approved by
a vote of 5 -0 -0.
A motion by
Antony seconded by
Bonazoli to approve the Minutes of January 10, 2009 was
approved by
a vote of 5 -0 -0.
A motion by
Anthony seconded by
Tafova to approve the Minutes of January 20, 2009 was
approved by
a vote of 5 -0 -0.
A motion by
Anthony seconded by
Tafova to approve the Minutes of January 27, 2009 was
approved by
a vote of 5 -0 -0.
A motion by
Tafova seconded by
Anthony to approve the Executive Session Minutes of
January 6, 2009, as written, was approved
on a roll call vote with all five members voting in
the affirmative.
A motion by
Anthony seconded by
Bonazoli to adjourn the meeting of February 10, 2009 at
10:18 p.m. was approved by a vote of 5-0-0.
Respectfully submitted,
Secretary
S
a�°
BRACKETT & LUCAS
COUNSELORS AT LAW
19 CEDAR STREET
WORCESTER, MASSACHUSETTS 01609
508-799-9739
Fax 508-799-9799
GARY S. BRACKETT
JUDITH A. PICKETT
ELLEN CALLAHAN DOUCETTE
HEATHER W. KINGSBURY
JASON D. GROSSFIELD
February 11, 2009
Zoning Board of Appeals
Town Hall
16 Lowell Street
Reading, MA 01867
Re: 285 Main Street, Reading, MA
Case No. 08-30
Gentlemen:
VQ
cl�
OF COUNSEL
ELAINE M. LUCAS
Direct email:
ecdoucette@brackettlucas.com
This memorandum was prepared in response to the Board of Appeals' request for
a legal opinion relative to the application of Section 6.3.9 of the Reading Zoning By-
Laws ("Zoning By-laws") to the property located at 285 Main Street, Reading, MA. I am
in receipt of correspondence submitted to the Board by the property owners' legal
counsel who frames the question be submitted to this office as: "Assuming the applicant
is able to produce evidence which convinces the Board that environmental remediation
was necessary prior to construction activity on the site, is that sufficient to stop the
abandonment within the meaning of the Zoning Bylaw?" A copy of the aforementioned
correspondence is attached hereto for reference.
Upon information and belief, the structure located at 285 Main Street, Reading
was heavily damaged by fire on February 15, 2006. The property owners are seeking
various forms of relief pursuant to Sections 6.1.1.3; 5.1.2 and 6.3.17 of the Zoning By-
Laws in an effort to reconstruct the structure which was nonconforming with respect to
current setback requirements. The "abandonment" referred to above is the abandonment
of a nonconforming use or structure as set forth in Section 6.3.9.1 of the Zoning By-
Laws.
M.G.L. c.40A, §6 provides two methods for the extinguishment of
nonconforming uses and structures stating in relevant part that "[a] zoning ordinance or
bylaw may define and regulate nonconfolining uses and structures abandoned or not used
�os
401
for a period of two years or more." (emphasis supplied) Pursuant to this statutory
authority, the Zoning By-laws define and regulate nonconforming uses and structures by
providing in Section 6.3.9.1 that "[a] nonconforming use or structure or other
nonconforming situation is considered to be discontinued or abandoned whenever: a. [i]t
is not used for a period of twenty-four (24) consecutive months; or b. [i]t is abandoned.
(emphasis supplied)
, As authorized by G.L. c.40A, §6, the Zoning By-laws provide for two methods of
extinguishing a nonconforming use or structure i.e., nonconfonning uses and structures
may be either discontinued, or they may be abandoned.' As correctly argued by the
property owners' legal counsel, the two year time period for the abandonment of a
nonconfon-ning use may be tolled by the property owners' inability to sell or lease
property or in this instance, to repair it due to the existence of envirom-nental issues, as
long as the property owners intended to continue the use or use the structure. The
extinguishment of a nonconforming use or structure through abandonment requires
subjective proof that the property owners intended to abandon the use or structure.
However, nonconforming uses or structures may be discontinued by nonuse or
the simple cessation of the use or structure for a period of two years. No demonstration
of intent on the part of the property owners is required. See, Ica-Hur Enterprises v.
Zoning Board of Appeals of Provincetown, 424 Mass. 404 (1997) ("The term
"discontinued" is not the legal equivalent of "abandonment" under the zoning bylaw").
To my knowledge, there is no decisional or statutory law which allows for the
tolling of the two year period for the nonuse of a nonconforming use or structure,
regardless of the reasons which may have prohibited the owner from using the property.
Though this interpretation may produce a harsh result, there is simply no argument in
support of an inapposite conclusion.
Please feel free to contact me if you have any other questions or if I can be of
further assistance in this matter.
Very truly yours,
Ellen Callahan Doucette
ECD/cam
cc: Peter 'l Hechenbleikner, Town Manager (via email only w/out enclosure)
Carol Kowalski, Town Planrier (via email only w/out enclosure)
1 Prior to the 1975 amendment of the zoning act, courts used the terms "discontinued" and "abandoned"
interchangeably. That is no longer the case.
C-7
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Av�l�� SRS
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\�63� p4Pn
�.,• tHCOR�
Jamed w Cormier
Chief of Police
February 13, 2009
Z_/C_ 6 CD S
lip
15 Union Street, Reading, Massachusetts 01867
Emergency Only: 911 All Other Calls: 781- 944 -1212 Fax: 781 - 944 -2893
E -Mail: JCormier @ci.reading.ma.us
Press Release
Westboro Baptist Church protest
The Reading Police Department has become aware of a planned protest in Reading. An
organization called the Westboro Baptist Church (WBC) has scheduled a protest to
express their opposition to a play being put on by the Reading Memorial High School
Drama Club. The play is called the Laramie Project and the production is scheduled for
March 12, 13, and 14t of 2009.
The Reading Police Department encourages individuals, groups and organizations not to
counter demonstrate the WBC. In researching with other Law Enforcement agencies,
best practices suggest that without counter demonstrations the community greatly reduces
the chances of conflict and hostile engagement.
The Reading Police Department is working with the community and various
organizations to encourage non - engagement. We would recommend various options
such as a peaceful gathering at another location to voice counter positions or embrace
acceptance of diverse opinions.
If you have any questions or concerns and would like to speak to a representative of the
Police Department feel free to contact Lt. Richard Robbins at 781- 942 -6757 or email at
rrobbins(- ),ci.reading_ma.us
0,*
Page I of 2
�161-80S
Schena, Paula
From: Hechenbleikner, Peter
Sent: Wednesday, February 11, 2009 9:56 AM
To: Schena, Paula
Subject: FW: Safety Issue: Lothrop, County Road and Wescroft skewed intersection
From: Reading - Selectmen
Sent: Wednesday, February 11, 2009 9:42 AM
To: Todd DelVecchio'
Cc: Cormier, Jim; McIntire, Ted;, Zambouras, George; Lee, Michael
Subject: RE: Safety Issue: Lothrop, County Road and Wescroft skewed intersection
Dear Todd:
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. The next session is on March 3. Meanwhile the Town Manager is
referring this tot eh Town's Parking, Traffic, and Transportation Task Force for their review and advice
to the Board of Selectmen.
Thank you again for contacting the Board of Selectmen.
James Bonazoli
Secretary
Reading Board of Selectmen
I/c Board of Selectmen
From: Todd DelVecchio [mailto:todd.delvecchio@gmaii.com]
Sent: Tuesday, February 10, 2009 6:05 PM
To: Reading - Selectmen
Subject: Safety Issue: Lothrup, County Road and Wescroft skewed intersection
To Whom It May Concern,
My name is Todd DeIVecchio, I reside at 185 County Road in Reading and have been a resident of
V- 42- T + -r- bringing a Qffen+;r%n tnXXrQrr1Q
Reading, Massachusetts r UILQI�-,Ily-,alo. a.11.1 I10 OW, I L.Lr, 11r, 00"I'y
2/11/2009
Page 2 of 2
possible public issues, but I cannot ignore a situation where I know that public safety is at risk.
I am writing concerning the intersection of County Road with Lothrup and Wescroft. Over a year ago
stop signs were place on the County sides of the intersection allowing right of way from Wescroft to
Lothrup, while breaking County's right of way.
As a former traffic engineer and civil professional engineer, I couldn't believe my eyes, so to speak,
regarding the sight distances,. grading and vertical and horizontal alignment of Wescroft to Lothrup.
They are not conducive to a right -of -way on a minor road, while they break a local collector, County
Rd.
As a result I decided to write this because this is the third time I was almost struck at this intersection
due to natural sight distance problems. When one is approaching from the South on County Rd and
stopped at this intersection it is very difficult to view an on- coming vehicle from Wescroft Rd. Other
factors include steep grade and depression of Wescroft Rd prior to this intersection, not to mention
overgrown shrubbery.
More -over the natural "rules of the road" have most stopping at the top of Wescroft thinking this is a
natural place to stop. From many years of my experience in roadway design and traffic patterns I have
encountered many similar situations without sound engineering principles and adherence to
specific guidelines from the FHWA's Manual of Uniform Traffic Control Devices (MUTCD, a civil
traffic engineer's manual), that have resulted in injury and driver confusion.
I am writing this in hopes to avoid any potential accidents or fatalities. I was informed from a neighbor
that the town added the stop signs due to excessive speed concerns on County road. If this, in fact, was
the reason for the stop signs, I would conclude that the first line of defense would be a simple speed
limit sign followed with temporary increased law enforcement. Even automated speed recorders could
be a possible deterrent. Traffic attenuation is the last resort to correcting speed concerns and this
decision takes great consideration when installing permanent traffic control devices.
In short, the most logical thing to-do is switch the traffic pattern making County the right of way,
however the decision appears to be made resulting in more confusion at this intersection.
My professional guidance is to install two more stop signs on Lothrup and Wescroft at the intersection
making the intersection a four -way stop. It is the safest and most reasonable thing to do to protect the
public safety and to maintain the consistencies of traffic controls the public subconsciously expects.
When you resist the cardinal "rules of the road" with traffic patterns you inevitability are faced with
accidents and lawsuits and I don't want this to happen to Reading.
I have included a link, if interested, that I believe supports my position on this
matter: http: / /muted.fl-lwa .dot.gov /pdfs /2003rlr2 /ch2b.pdf .
Through my professional experience roadway safety is based on engineering, common- sense, and
creativity. I have never met a traffic engineer that has gone against the natural expectations of the driver,
because ultimately, drivers and pedestrians are the utmost concern. Please take a moment to consider a
four way stop sign at this intersection.
Thank you for your time and attention in this matter.
Todd DelVecchio, PE
781-944-9638
2/11/2009
4/C_
Schena, Paula
From: Henhenbleihner, Peter
Sent: Fhdoy, February 13.20OA3:U1 PM
To: Gohena.Pou|o
Subject: FW: Change to Associate Member of EDC
Kc Board of Selectmen
Post for full member
From- Jack &Peg Russell [nnaUbo] not
Sent Fridav, February 13 2009 2:32 PM
To: Town Manager; Kowalski, Carol; Meghan YomOgTafov
Subject: Change to Associate MenberofEDC
Dear Peter, Carol and Meghan,
Pagel of}
I respectfully request that my full Membership on the Economic Development Committee (term ending June 2010
'~^ think) ^'~~ changed --' Associate Membership effective --- as soon as
� r you can arrange it. I request
~~~~^y frequent travels, miss meetings and this has in the and may also
in the future. I also feel I can contribute just as.effectively as an associate member and allow one of the current
'
associate members have mn opportunity ot full membership.
Please let me know if any other action is required on my part to effect this change.
Best regards, Jack Russell
0
Ll C- - (3 Z) 5
FY09 Commonwealth Capital Summary
Below are the Commonwealth Capital scores for Fiscal Year 2009, as well as scores from
FY08, FY07 /06 and FY05. NA means a final score has not yet been determined or they
did not apply. Reading's FY09 score is 10 points higher than FY08 and only 1 point
lower than its highest score. With the exception of 2008, Reading (when compared to
Wilmington and Woburn) has consistently performed higher than the neighboring towns.
The maximum score a community can receive is 140 points. For FY09 only 11
communities across the state scored over 100 and Barnstable and Northampton were the
two with the highest score.
Areas not like! y to improve next year
• Execution of a compact or MOU, provision of funding, or regulatory change to
attaining a regional or intergovernmental goal (formal and significant action &
need copy of agreement to get points)
• The Town is not likely to receive the 4 points for adopting the Community
Preservation Act
• Increase housing stock by 50 % -90% of state goal, 3 or 4 points only awarded for
building permits for new construction, not rehabilitation (may be possible with
National Developments proposal for apartments and senior living)
• Communities with an agricultural commission receive 3 points, unlikely for
Reading
• Adoption of Right -to -Farm Bylaw, not likely for Reading
gc,1
2009
2008
2007/2006
2005
Reading
84
74
85
83
Wakefield
NA
0
74
60
Stoneham
NA
0
74
60
L nnfield
0
0
0
0
N. Reading
77
0
66
0
Wilmington
66
84
78
74
Woburn
70
83
76
68
Melrose
0
95
0
40
Arlington
55
53
48
57
Belmont
NA
67
70
0
Concord
NA
68
81
0
Lexington
96
0
75
0
Andover
NA
83
94
83
Highest
Scorin
Barnstable
125
117
90
106
Northampton
118
131
128
129
Areas not like! y to improve next year
• Execution of a compact or MOU, provision of funding, or regulatory change to
attaining a regional or intergovernmental goal (formal and significant action &
need copy of agreement to get points)
• The Town is not likely to receive the 4 points for adopting the Community
Preservation Act
• Increase housing stock by 50 % -90% of state goal, 3 or 4 points only awarded for
building permits for new construction, not rehabilitation (may be possible with
National Developments proposal for apartments and senior living)
• Communities with an agricultural commission receive 3 points, unlikely for
Reading
• Adoption of Right -to -Farm Bylaw, not likely for Reading
gc,1
Areas where improvement is possible
• 3 points are given to communities that have adopted zoning that requires the
inclusion of affordable units; this only includes mandatory IZ affordable units, not
affordable units that are optional.
• 4 points are awarded to communities that adopt a bylaw or regulations that
encourage Low Impact Development to address storm water.
• 3 points awarded to communities that provide funding or take regulatory actions
implementing Master Plan recommendations which can be achieved with the
CPDC's work with the Smart Growth Housing Consultant and any zoning
changes adopted for South Main Street, or signage improvements beautifying
south Main Street.
• 2 points awarded for issuing a building permit for any mixed use development.
• 4 points for new housing units within a Smart Growth district.
• 4 points for energy conservation if Reading adopted a wind turbine bylaw.
III
July
August
Septembei
October
November
December
Month!y
Hours
51.8
51.8
51.8
51.8
51.8
8
Monthly
Hours
Used
44.6
56.8
50.7
38.5
70.5
43.3
Hours
Available
Remainder
of Year
577.40
520.6
469.9
431.4
360.9
317.6
MIT •
s_• t
Monthly
Used
$6,049
$7,668
$6,861
$5,226
$9,954
$5,985
Available
Remainderl
of Year
$77,951
$70,283
$63,422
$58,196
$48,242
$42,2571
January
01.0 5b.0
Zb'I.'I
�I,Uuu W,btb �:54,bbl
February
51.8
$7,000
March
51.8
$7,000
April
51.8
$7,000
May
51.8
$7,000
June
51.8
$7,000
I