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Home My WebLink About2009-05-19 Board of Selectmen Packetr\ OFRFy4'y~ Town of Reading 16 Lowell Street Alloj6.:INCORY~4PC Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager@ci.read!ng.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942-9043 MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: May 15, 2009 RE: May 19, 2009 BOS Agenda Chairman Steve Goldy will not be present for this meeting or your workshop meeting. Therefore, some of the items on this agenda the Board may want to consider continuing until you have a full Board. 4a) The email exchange between myself and Attorney Brad Latham is self explanatory. I discussed this matter briefly with the Board of Selectmen at their last meeting,, and the. three members present agreed that they would vote to continue the hearing. 4b) Enclosed is a significant amount of material from the different departments regarding the fees. For your meeting on Tuesday night I will try to have this condensed to some kind of understandable format of recommended changes to fees. 4c) Bangkok Spice has applied for a beer and wine license. They had previously been approved by, the Board of Selectmen for a beer and wine license, but the ABCC then determined that the owner was not a citizen of the United States and therefore not eligible for a license. Since that time, the owner has become a citizen of the United States. You have in your packet comments from the Police Department and the Health Department. I have also asked the applicant to submit a revised current plan for the premises, since the plan submitted was that which was previously approved, but the plan has been modified. 4d) We are anxious for the Board to approve the Master Plan for the Imagination Station area of Birch Meadow. There are three plans that have been detailed for this -area: one maintaining the off street parking; one with no off street parking; and one providing a "bump out" for the off street parking in this area. Also attached is the memo submitted by the Recreation Administrator on the playground planning that he has done with the youth of the community. The Board may want to consider continuing this hearing because I believe there is some disagreement among Board members as to the parking situation and this may require action among the full Board. 4e) You do not have a written policy regarding the Youth Liaison to the Board of Selectmen. I have drafted the attached policy and it has been reviewed by the Superintendent of Schools and by the Board of Selectmen. I will ask the Board to give direction with regard to this policy so that we can finalize it and move forward with a selection for next year's Youth Liaison. 4f) In the Board's packet is a markup of the policy that would establish standards for orderly closing for the clubs and implement the recently approved initiative to allow All Alcoholic Licenses in Restaurants with less than 100 seats. This will eventually require a hearing, but I wanted to make sure that the Board had a chance to discuss it first and determine whether or not I have captured the Board's direction with regard to the club orderly closing. 4g) Enclosed in the Board's packet is the Instructional Motion from Town Meeting. We should move forward as quickly as possible to address the instructional motion. One could do that through the creation of the ad hoc Municipal Building Committee that has been previously been discussed or establish a separate ad hoc committee related to this issue. 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, May 19, 2009 in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts: • Continued Hearing - Atlantic Food Mart Revocation of Liquor License (to be further continued to June 9th) 7:30 • Amend fees - 7:35 p.m. • Bangkok Spice Thai Restaurant Beer and Wine License - 8:00 p.m. • Birch'Meadow Master Plan - 8:15 P.M. A copy of the proposed doc- uments are available in the Town Manager's Office, 16 Lowell Street, Reading,.MA from 8:30 a.m. - 5:00' p.m., M-F and are attached to the hearing notice on the website 'at www.reading ma.gov All interested parties may appear in person, may submit their comments in writing, or by email to townmanacer@ci.read ina.ma.us. By order.of Peter i. Hechenbleikner Town Manager 5/12 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 OF COUNSEL ELAINE M. LUCAS Direct email: ecdoucette@bracliettlucas.com May 4, 2009 Board of Selectmen Town Hall 16 Lowell Street Reading, MA 01867 Re: M.G.L. Chapter 138, §77 - Cancellation of Liquor License Liquor License Policy Section 3.2.1.6 - Abandonment of Licensed Premise'' Gentlemen and Ms. Anthony: This memorandum will memorialize, and expand upon, remarks that I made during the April 28, 2009 public hearing regarding Atlantic Food Mart, Inc.'s (hereinafter "Atlantic") inactive Section 15 license, and the ABCC's policy relative the cancellation of such licenses pursuant to M.G.L. Chapter 138, §77. Section 3.2.1.6 of the Town's Liquor License Policy is similar to c.138, §77 in that both are intended to prohibit so- called "pocket licenses". In pertinent part, §77 provides that "[t]he licensing authorities may, after hearing or reasonable opportunity therefor, cancel any license issued under this chapter if the licensee ceases to conduct the licensed business." Unlike Section 3.2.1.6 however, §77 does not provide for a specific time period to signify the cessation of activity. Though the authority to cancel an inactive license as set forth in §77appears clear, it is and has been the policy of the ABCC on appeal from a decision to cancel an inactive license to overturn the cancellation, and remand the matter to the local licensing authority with the suggestion that it [licensing authority] allow the licensee a reasonable period of time within which it may reactivate or transfer the license. The ABCC considers a "reasonable period of time" to be six (6) months. Further, on.appeal the ABCC will consider whether or not the local licensing authority put the licensee on notice that the failure to activate or transfer the license might result in a cancellation of the license. lG2 For example, in the ABCC's decision Re: Stegare, Inc. (July 5, 2006), the Boston Licensing Board voted on March 30, 2006 to deny a request for a further extension of a transfer application and cancelled a wine and malt license that was approved in November, 2003. For 2%2 years, the licensee sought extensions and had never operated the licensed business. However, because the licensing board did not notify the licensee until January, 2005 that it was at risk for having the license cancelled for nonuse, the ABCC ruled that the cancellation was "premature" and overturned the cancellation and sent it back to the board with the recommendation that the licensee receive an additional 120-days to transfer the license or open the business. The ABCC's authority to establish and implement the above-referenced policy was upheld by the Massachusetts Appeals Court in Board of Selectmen of Saugus v. Alcoholic Beverages Control Commission. 32 Mass.App.Ct. 914 (1992). In the Saugus case, a restaurant closed due to problems with its lease. Despite the restaurant's closing in 1985, the Selectmen renewed the license late in 1985 and again in 1986. The Selectmen cancelled the license in 1987 and the licensee appealed. The ABCC overturned the cancellation and recommended that the Selectmen allow the licensee an additional 6 months to transfer or reactivate the license. On these facts, the Appeals Court stated that the ABCC was "justifiably fin-thering a reasonable policy of having licensees receive adequate notice of a local board's intent to cancel a valid but currently inactive license" notwithstanding that the notice sent to the licensee indicated that the hearing was to "show cause" why the license should not be cancelled. To confirm the ABCC's application of the above policy, I spoke with its General Counsel, William Kelley. Attorney Kelley informed me that if a license is cancelled pursuant to §77 and an appeal is filed, the ABCC will look to see if a documented record exists which demonstrates that prior to voting to cancel the license, the local licensing board put the licensee on notice that the failure to reactivate or transfer the license might result in the cancellation. Apropos to Atlantic's license, although the public hearing notice states that the hearing's purpose was to show cause why the license should not be revoked (or cancelled) and notwithstanding several discussions that occurred between the Selectmen and/or Town Manager and Atlantic's representatives regarding the closing of the business, there is no evidence that Atlantic was ever notified that the failure. to reactivate or transfer the license might result in the cancellation of the license. Given the ABCC's policy, it is recommended that the Selectmen continue the public hearing for a finite period of time, and provide Atlantic with notice that the purpose for the continuation is to allow Atlantic the opportunity to transfer the license and further, that the failure to effectuate a transfer of the license by the end of the allotted time will likely result in the cancellation thereof. ~~3 Thank you for your attention to the above. Please do not hesitate to contact me if you wish to discuss this matter further. Very truly yours, a ~ Ellen Callahan Doucette ECD/ cc: Peter I. Hechenbleikner, Town Manager (via email only) Page 1 of 1 Schena, Paula From: Hechenbleikner, Peter Sent: Wednesday, May 06, 2009 11:36 AM To: Schena, Paula Subject: FW: "Atlantic" liquor license Copy for Board of Selectmen 5-19-09 From: Brad Latham [mailto:blatham@latham-lamond.com] Sent: Wednesday, May 06, 2009 10:10 AM To: Hechenbleikner, Peter Cc: Ellen Callahan Doucette; Schena, Paula Subject: "Atlantic" liquor license Your email does reflect our discussion accurately. Brad. From: Hechenbleikner, Peter [mailto:phechenbleikner@ci.reading. ma.us] Sent: Wednesday, May 06, 2009 9:36 AM To: Brad Latham Cc: ecdoucette@brackettlucas.com; Schena, Paula Subject: "Atlantic" liquor license Brad I talked with the Board of Selectmen last evening about your request to continue the hearing on the revocation of the liquor license from the date to which the continuance was granted - May 19 - until June 9. You requested this continuance of the hearing because you have a prior commitment that you were unaware of at the Board of Selectmen hearing on this matter on April 28, and Mr. Dickinson will be out of Town. The Board of Selectmen has agreed to a further continuance until June 9, and will re-open the hearing on May 19 and move to continue the hearing to June 9 at that time. The Board noted that at the initial hearing on April 28, you had requested that the Board of Selectmen continue this matter for 45 days so that you can explore a newly emerging opportunity to transfer the license. The Board notes that in continuing the revocation hearing until June 9, that you will have gotten a continuance of the hearing for 42 days, and therefore you should assume that the Board of Selectmen will take action on June 9 without any further continuances. Please confirm to me in writing or return email that the representations which are outlined above are accurate reflections of our discussion. Peter Hechenbleikner Town Manager 5/11/2009 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- ing public hearings on Tuesday, May 19, 2009 in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts: • Continued Hearing - Atlantic Food Mart Revocation of Liquor License (to be further continued to June 9th) 7:30 p.m. 7 • Amend fees - 7:35 p.m. • Bangkok Spice Thai Restaurant Beer and Wine License - 8:00 p.m. • Birch Meadow Master Plan - 8:15 p.m. A copy of the proposed doc- uments are available in the Town Manager's Office, 16 Lowell Street, Reading,.MA from 8:30 a.m. - 5:00' p.m., M-F and are attached to the hearing notice on the website 'at www.readingma.gov All interested parties may appear in person, may submit their comments in writing, or by email to townmanaaer@ci.read ina.ma.us. .By order.of Peter 1. Hechenblelkner Town Manager 5/12 ~N OFR,.4 HEADQUARTERS READING FIRE DEPARTMENT -b Reading, Massachusetts 01867 1NC GREGORY J. BURNS, Chief 757 Main Street BUS. Phone: 781-942-9181 STA. Phone: 781-944-3132 Fax: 781-942-9114 TO: Mr. Peter I. Hechenbleikner, Town Manager FROM: Chief Gregory J. Burns DATE: May 13, 2009 RE: Fee Schedule. I have completed an analysis of the number and type of permits and fees charged by the Fire Department. The Fire Department's fees have not been updated in several years. I have requested fee data from surrounding communities and received information from Wakefield and Stoneham. Our records indicate we issued 720 permits in calendar year 2008. Pen-nits issued by the head of the fire department are regulated by Massachusetts General Law Chapter 148 Section 10A. This law allows the Board of Selectmen to set the following maximum fees: ➢ A maximum permit fee of up to $50 may be charged for each permit issued. ➢ The fee for smoke detector and carbon monoxide alarm inspections may be increased up to the following maximum fee: o Single dwelling unit $50 0 2- Family Dwelling $100 0 6 or fewer residential units $150 0 7 or more residential units $500 After analyzing our permit data, the fees we currently charge and data from Wakefield and Stoneham, I recommend one of following two options: 1. Option 1 a. Institute a minimum permit fee of $25 (existing pennits over $25 to remain). b. Increase fees for smoke detector and carbon monoxide alann inspections to the following schedule: i. Single dwelling unit $25 ii. 2- Family Dwelling $50 iii. 6 or fewer residential units $150 iv. 7 or more residential units $500 This option would generate a minimum of $4,635 in additional revenue. d W We're Your Friends for Life Page 1 of 2 2. Option 2 a. Institute the maximum permit fee of $50. b. Increase fees for smoke detector and carbon monoxide alarm inspections to the following schedule: i. Single dwelling unit $25 ii. 2- Family Dwelling $50 iii. 6 or fewer residential units $150 iv. 7 or more residential units $500 This option would generate a minimum of $16,035 in additional revenue. I recommend Option 1 to the Board of Selectmen. This will update our fees in an effort to cover the cost of staff time. We're Your Friends for Life qj3 It Page 2 of 2 Description Smoke/Carbon Monoxide Alarms Single Family Single.Family Two Units Three to Six Units Six to 25 Units Over 25 Units Permits Oil Burner Installations Flammable and Combustible Storage Propane (Above and below ground) Tank Truck Permit Tank truck Parking Permit Special (Tents, tank truck, fire alarm) Sprinkler Permit Tank installation Tank Removal Above Ground Tank Removal Below Ground Blasting Welding and Cutting General Permit (tar Kettles) Fireworks Gun Power Plan Review Single Family Two Units Plan review less than 7,500 square feet Plan review 7,500 to 12,000 Plan review 7,500 to 12,500 Plan review 12,500 or greater Quarterly Inspections Municipal Fire Alarm Municipal Fire Alarm Annual Fee Initial Connection Total Increased Revenue c G~ -S- Current Recommended Estimated Permits 2008 current fee Revenue fee Revenue 239 15 3585 25 5975 10 per Unit 50 0 10 per Unit 150 0 10 per Unit 500 0 10 per Unit 500 0 0 58 15 870 25 1450 51 15 765 .25 1275 43 20 860 25 1075 17 50 850 50 850 17 50 850 25 425 89 15 1335 25 2225 29 15 435 25 725 48 25 1200 25 1200 50 25 1250 25 1250 15 50 750 25 375 0 50 0 50 0 25 0 25 0 15 0 25 0 50 0 50 0 15 0 25 0 0 0 56 15 840 25 1400 no data 15 25 no data 25 100 no data 50 150 no data 50 150 no data 100 250 8 40 320 40 320 0 no data 50 150 250 50 720 $13,910 $18,545 $4,635 .~N OFI? HEADQUARTERS READING FIRE DEPARTMENT (o; rQ" l Reading, Massachusetts 01867 w sJ9'1NCORFO~P GREGORY J. BURNS, Chief 757 Main Street BUS. Phone: 781-942-9181 STA. Phone: 781-944-3132 Fax: 781-942-9114 SCHEDULE OF FEES Pen-nits Misc. (tar, tentage, ect.) $15.00 BLASTING ---------------------------------------$50.00 CUTTING & WELDING $25.00 EXCESS ALARM $25.00 per call in excess of six (6) times per year DISCONNECT/RECONNECT FIRE ALARM SYSTEM (once each) ---------$10.00 FIREWORKS $ 50.00 FIRE ALARM SYSTEM $15.00 FLAMMABLE STORAGE $10.00 GUNPOWDER STORAGE $15.00 INITIAL CONNECTION TO MUNICIPAL FIRE ALARM SYSTEM--------$50.00 OIL BURNER -------------------------------------$15.00 PROPANE STORAGE----------------------------$20,00 TANK TRUCK PERMIT $50.00 TANK TRUCK PARKING $25.00 TANK INSTALLATION (underground)--------$50.00 TANK INSTALLATION (aboveground)---------$25.00 TANK REMOVAL (underground)----------$50.00 TANK REMOVAL (aboveground)----------$25.00 INSPECTION FEES RESIDENTIAL PLAN REVIEW $15.00 SMOKE DETECTOR INSPECTION------------$15.00 (single family) $10.00 (per unit multi family) COPIES OF REPORTS $10.00 COMMERCIAL PLAN REVIEW A. UP TO 7500 s.f $25.00 B. 7500 to 12,500 s.f $50.00 C. OVER 12,500 s.f $100.00 NURSING HOME INSPECTIONS-------------$40.00 We're Your Friends for Life Reading Public Library Fee Title Current Fee Current Revenue (FY09) Lost & Current $4000 Damaged Books replacement value of material Notarizations Faxing Service Printing from Public computers purchase disks, batteries, headphones Library card replacement Room Rental Fees $1 $100 $1 per page $100 .15¢ per page $400 Market price $50 $1.00 per card $10 up to three hours; Proposed Notes Fee No change No change No change No change $100 No change $580 (439 bookings/ first 8 months of year People generally do NOT object to paying current market price to replace lost or damaged materials. Occasionally patrons will purchase a replacement themselves, as they can often find materials at discounts Is this the same fee throughout town? This is a public service that is much appreciated. We started offering it about three years ago, when we noticed frequent requests for faxing from the public increased from .10¢ per page within past year .15¢ per page is maximum people will tolerate. Most people are very conservative about printing and limit themselves to one or two pages at a time. We charge purchase price for these items as a convenience for patrons who may need them for work in the library or to run library equipment (headphones, batteries for Playaways, etc.) Current charges are $2 for pc disks, $1 for headphones or batteries, $10 for jump drives. Library cards cost about 50¢ each. The first one's on us. Projected FYIO Revenue w/ Change Tied to current market value of materials Cost is covered, no change recommended Cost is covered No charge for some library rooms Could charge more. ® Many fees waived for use by other town depts, library groups, and other factors. o Reading Public Schools have a different fee structure. ® Trustees recornrrrended 3/09 that room fees be reviewed to be consistent with other Town facilities. RPD Fee Schedule Fy09 and Fyl0 Name Resident Parking / Compost Stickers Business and Lease park. Spaces POLICE ACCIDENT" REPORTS POLICE DUI TAPE REVIEW FEES Community Room Rentals POLICE PHOTOCOPY CHARGES POLICE F.I.D. CARDS POLICE LICENSE TO CARRY POLICE MV LEASOR SURCHARGE POLICE PARKING FINES CIVIL MOTOR VEHICLE INFRACTION 10% FEE EXTRA DUTY CHARGES LICENSE TO CARRY & FID CARDS LIC TO CARRY & FID STATE SHARE ,Keason for FY2010 Description of Account Current Fee Proposed Fee Increase Proj.Revenue $25 ($10, $15 options) n/a $ 75,000.00 $20 and $30 monthly n/a $ 35,000.00 Insurance, personal copies Varies State Mandate n/a $ 2,000.00 Insurance, personal copies Varies State Mandate In/a $ 200.00 $10 per use n/a $ 200.00 Insurance, personal copies Varies State Mandate n/a $ - Town Share of amount collected $12.50,$25 State Mandate n/a $ 1,500.00 l own Snare of amount collected $25 State Mandate In/a I $ 1,500.00 Car Rental/Lease/cab fare fee .60 per transaction State Mandated I n/a $ 2,000.00 Citations written by PEO/officers $20.$50.$100 ~n/a $ 35,000.00 Officer tickets from court varies State Mandate n/a $ 40,000.00 10% of non-town details 10% of non-town details n/a $ 6,000.00 State Share of amount collected $12.50,$75 State Mandate jn/a $ 5,000.00 State Share of amount collected $75 State Mandate n/a $ 5,000.00 $ 208,400.00 N- RPD Fees for PH meeting Page 1 of 2 Hechenblelkner, Peter From: Cormier, Jim Sent: Wednesday, May 13, 2009 8:52 AM To: Hechenbleikner, Peter Subject: Fees Attachments: RPD Fees for PH meeting.xls Pete, Here is the information on the fees collected at the PD. If you would like me to comment on any proposed increases specifically, I would be happy to discuss them with you. Here is an overview of the 2009 Leased Parking Spaces as of May 12, 2009: HIGH ST- Total-50 36 Sold 5 Available H42-H50 for Residents (9) SENIOR CENTER-Total 14 1 Sold 13 Available HARNDEN YARD-Total 13 13 Sold None Available BRANDE COURT- Total 4 4 Sold None Available BLUE ZONE INCLUDING ADDITION OF SPOTS BEHIND THE OLD ATLANTIC LOT: BLUE ZONE- Total 102 64 Sold 38 Available Chief James W. Cormier Reading Police Department 15 Union St. Reading, MA 01867 781-944-1212 781-944-2893 Fax JCormier?a ci.reading_ma us NA-233 When writing or responding, please remember that the secretary of State's Office has determined that email is a public record. This communication may contain privileged or other confidential information. If you are not the intended recipient, or believe that you have received this communication in error, please do not print, copy, retransmit, disseminate, or otherwise use the information. Also, please indicate to the sender that you have received this email in error, and delete the copy you received. 5/13/2009 'J~q Must Brino Own I Town Residents Only Cost Cards Times Misc. Winchester - - - YES - 1N0 CHARGE - Yes By appt. Brookline YES $15 per card No i Walk in hours in morning, appt only otherwise Info posted on website Framingham' NO $5 per card for residents, $10 per card for non residents Yes Thursdays 9-3 Medford YES $5 per card Yes Thursdays 10-12 _ Somerville YES $15 per set (2) Yes By appt. Chelmsf d R i i / j $10 f fi t d $15 ft h d Only take checks made out to the town, or es d ents work n town rs or car , eac car a er No money goes into the general fund Belmont NO - - _ $10 per card for residents, $15 per card non residents NO Mondays by appt. Plaistow NH ; --r---- NO $6 per card . ' NO Set times - - Prints taken by desk officer-Adoption, Wilmington - No NO CHARGE - Yes Federal Job, Security clearances Watertown YES NO CHARGE. ; Yes Do not fingerprint for Immigration matters... Thinking of charging in future, Woburn ! NO NO CHARGE Yes would like results of survey Arlington YES 1$5 dollars per visit not per card No By appt. Adoption, employment, education, and Andover - YES $10 for every set (2) YES . By appt. ONLY Canadian immigration Cambridge YES $15 per card YES t By appt. Prints taken by the ID Unit Peabody NO 1 I$25 per visit (will do multiple cards) NO Last Saturday of the month from 8-1,' Exact change or check made out to town ~s Fees Created 5/13/2009 Fees General Notes Current Revenues are FY 2009 to May '09 except Conservation which is to March '09. North Reading recently instituted a new fee policy for Site Plan Reviews adding a surcharge if a decision is not reached within "x" meetings where "x" is based on the size of the job (square footage). Not only should we adopt a similar policy for site plan reviews but it may be worth considering for other applications before other Boards. No projected revenues are provided. 1 am still looking for details on the Comprehensive Permit. Fee comparisons were not based on in-depth investigations but only on what could be found on nearby communities' webpages. Fee title: Site Plan Review Current fee: Based on Estimated Cost of Construction (ECC): < $500,000: Fee = $10 per $1000 ECC $500,000 to $999,999: Fee = $5,000 plus $3 per $1000 ECC above $500,000 $1,000,000 to $7,499,999: Fee = $6,500 plus $1 per $1000 ECC above $1,000,000 > $7,500,000: Fee = $13,000 plus $4 per $10,000 ECC above $7,500,000 Current revenue from that fee (FY 2009): $12,220.00 Proposed fee: Based on total square footage and continuances (as per N. Reading) Square Feet Base Fee # of meetings the Base Fee includes 0 to 499 $ 100.00 1 500 to 999 $ 150.00 ( Up to 2 1,000 to 4,999 $ 200.00 Up to 3 5,000 to 9,999 $ 600.00 Up to 4 10,000 to 49,999 $ 1,000.00 Up to 5 50,000 and greater $2,000.00 Up to 6 And add this disclaimer: The level of the fee is based on an assumed level of complexity and staff effort associated with the size of the project, and is corresponding to an assumed number of meetings required to issue a decision. If a matter is not resolved in the number of meetings indicated, payment of a SECOND BASE FILING FEE in the same amount will be required, AND that base filing fee payment must be paid for EACH additional meeting required thereafter Reason for change (ex - average of surrounding communities, etc.): Projected FY 2010 revenue if the fee is changed: ~l Page 1 of 4 Fees Created 5/13/2009 Fee title: Approval Not Required (ANR) Current fee: $100 Current revenue from that fee (FY 2009): $200.00 Proposed fee: no change Reason for change (ex - average of surrounding communities, etc Projected FY 2010 revenue if the fee is changed Fee title: Site Plan Review Waiver Current fee: none Current revenue from that fee (FY 2009): none Proposed fee: Same as for Site Plan Review but half the Base Fee. Reason for change (ex - average of surrounding communities, etc.) Staff work on applications for waivers is not insignificant and in some case can be essentially the same as for full site plan reviews. For these reasons a nominal fee at least should be assigned to the application. The CPDC reviewed seven waiver applications in FY2009. Projected FY 2010 revenue if the fee is changed: Fee title: Minor Modification (to site plan review decision) Current fee: none Current revenue from that fee (FY 2009): none Proposed fee: Same as for Site Plan Review but half the Base Fee. Reason for change (ex - average of surrounding communities, etc.) Staff work for minor modifications to CPDC decisions can entail the same amount of work by staff as a request for waiver from site plan review. Projected FY 2010 revenue if the fee is changed: Fee title: Signage Certificate of Appropriateness Current fee: none Current revenue from that fee (FY 2009): none Proposed fee: TBD Reason for change (ex - average of surrounding communities, etc.) If this fee is approved and however it is to be determined, it should not be implemented until the fee for Sign Applications is changed. Projected FY 2010, revenue if the fee is changed: Fee title: Building Permit Current fee: See attached Fee Schedule, but in general: If Residential: $11 per $1000.00 ECC If Commercial: $12 per $1000.00 ECC Current revenue from that fee (FY 2009): $292,284.00 Proposed fee: Reading fees seem low compared against other communities. • Haverhill: New construction: permit application of twenty-five dollars ($25.) plus thirteen dollars ($13.) per one thousand dollars ($1,000.), or portion thereof, with no maximum....Alterations, additions, and repairs: permit application of twenty-five dollars ($25.) for the first two thousand dollars ($2,000.) plus thirteen dollars ($13.) for each additional thousand dollars or portion thereof. Page 2 of 4 LA k~~' Fees Created 5/13/2009 • Wilmington: Residential: $50.00 1St $1,000; $10.00 each add'I $1,000 - or part of $1,000. Commercial: $100.00 1St $1,000 $10.00 each add'I $1,000 - or part of $1,000 • Stoneham: The fee for all building permits shall be computed at the rate of $12.00 per thousand dollars ($1,000) of estimated construction cost (in the case of condominium and apartments-per unit) with the noted exceptions and additions noted below. Reason for change (ex - average of surrounding communities, etc.): Projected FY 2010 revenue if the fee is changed: Fee title: Sign Permit Current'fee: $12 per $1000 ECC ($110 minimum). Current revenue from that fee (FY 2009): Considered a Building Permit and not tracked separately. Proposed fee: The following are examples of fees charged by nearby communities. The Planning Dept. is leaning towards a base-fee-plus fee like Haverhill or Salem but is not sure if should be keyed to a sign(s) total cost or total size or what the incremental increase should be. • Haverhill: Signs: twenty-five dollars ($25.) plus fifteen dollars ($15.) per one thousand or portion thereof after the first one thousand dollars ($1,000.). • Salem: If the estimated fabrication and installation cost is less than $2,000 the application fee is $20. If the estimated fabrication cost is more than $2,000 the application fee is $5 plus $10 per $1,000 of fabrication cost. • Wilmington: Signs up to and inc. 50 sq. ft. $25; Over 50 sq. ft. $75.00 • Stoneham: $11 per $1000; minimum $50 • Littleton: Commercial: $30/sign; Residential $20/sign Reason for change (ex - average of surrounding communities, etc.): Reading's minimum is far too high. A sign or signs would have to cost $9150.00 to require a fee of $.110. Most signs applied for in Reading are well under this cost. Exam-pie: Jhe total fee collected for Honda's seven wall signs (apprx. $12,500.00 and 305 sq. ft) was $150. The total fee collected for Roula's Alterations one wall sign (apprx $500.00 and 14 sq. ft) was $110. Projected FY 2010 revenue if the fee is changed: Fee title: Plumbing Permit Current fee: See attached Fee Schedule Current revenue from that fee (FY 2009): Plumbing: $16,965.00 Gas: $7,047.00 Proposed fee: Needs further review. Reading breaks fees down by specific jobs or number of appliances. Reason for change (ex - average of surrounding communities, etc.): Projected FY 2010 revenue if the fee is changed: Fee title: Electrical Permit Current fee: See attached Fee Schedule Current revenue from that fee (FY 2009): $34, 059.00 Proposed fee: Needs further review. Reading breaks fees down by specific jobs or / number of outlets.. l~ Reason for change (ex - average of surrounding communities, etc.): Page 3 of 4 Fees Created 5/13/2009 Projected FY 2010 revenue if the fee is changed: Fee title: Health (various) Current fee: See Attached Fee Schedule Current revenue from that fee (FY 2009): $31,063.32 Proposed fee: TBD Reason for change (ex - average of surrounding communities, etc.): Projected FY 2010 revenue if the fee is changed: Fee title: Conservation Current fee: See Attached Fee Schedule Current revenue from that fee (FY 2009): State Fees: $3823.00 Town Fees: $11,446.00 Proposed fee: TBD Reason for change (ex - average of surrounding communities, etc.): Projected FY 2010 revenue if the fee is changed: Fee title: Zoning Board of Appeals Current fee: $90 Current revenue from that fee (FY 2009): $2,070.00 Proposed fee: TBD Reason for change (ex - average of surrounding communities, etc.): Projected FY 2010 revenue if the fee is changed: Fee title: Comprehensive Permit Current fee: Current revenue from that fee (FY 2009): Proposed fee: TBD • Wayland: Filing fee of $500.00 plus $100.00 per unit proposed. • Uxbridge: Filing fee of $1,500.00 plus $100.00 per unit proposed. In addition, the applicant will pay for services of legal counsel: $5,000.00 for projects of 25 units or fewer; $7,500.00 for projects of 26 to 75 units; and $10,000.00 for projects of 76 or more units. • Tolland: If the applicant is a Limited Dividend organization: fee is $12.00 per unit; if Non-Profit: $6.00 per unit ; if Public Agency: $3.00 per unit. Reason for change (ex - average of surrounding communities, etc.): Projected FY 2010 revenue if the fee is changed: Page 4 of 4 ) 01 A'k' ~~~leal~~l The Town of Reading Board of Health Regulations Section 22: Fee Schedule 22.1 All fees are applied applications and are not prorated. 22.2 All licenses fees are listed and issued annually Keeping of Animals Birds/Fowl $20.00/24 Cattle, cows, horses, sheep, goats 20.00 each Pig 20.00 each Pigeons 20.00 / 7pairs Rabbits 20.00 / 3 Kennel 100.00 Disposal works construction 100.00 Disposal Works installer 100.00 Dumpster permit (,annual /temporary) 50.00 Food Service 0-50 seats 75.00 Food Service 0-100 seats 125.00 Food Service + 100 seats 200.00 Retail Food. 3000sq. ft.or more 200.00 Retail Food <3000sq. ft. 75.00 Bakery 50.00 Milk 15.00 Frozen Dessert /ice cream 25.00 Catering 75.00 Temporary Food 25.00 Mobile 75.00 Tobacco 75.00 Residential 50.00 Funeral Directors 50.00 Massage Therapy - therapist plus cost of estab. license 150.00 Therapist ( individual not owner) 50.00 Student/intern 00 Temporary licenser per practitioner 1-7 days 25.00 8-28 days 50.00 Recreational Camps 100.00 Removal of garbage/ofrage 50.00 /truck Swimming Pools (outdoor) 125.00 /each h~ He0~ i Swimming pools (indoor) 200.00 /each Tanning Establislunents 100.00 Well installation 50.00 Burial permit 15.00 Ice Rink certification 50.00 Body Art Establishment initial 1500.00 Piercer /tattoo artist 150.00 Annual estab. Permit 500.00 Clinic fees Influenza immunization >65yrs 0 <65yrs 10.00/each Pneumonia<65 10.00 Tet-,uius <65 5.00 Mantoux test 5.00 Meningitis prev. immn. 50.00 Voted: 1/97 Revised: 6100 Revised: 2101 Voted: 3: 0: 0 2108101 Effective date : 7101101 voted 8114103 3.-0.-0 Effective 711104 #14 effective 1011103 Revised 4114105 3:0:0 Effective 711105 on sepjai t ® n Schloth, Mike From: Fink, Fran Sent: Monday, May 11, 2009 3:07 PM To: Schloth, Mike; Kowalski, Carol Subject: filing fees Attachments: Rev final NOI fee chart 7-14-06.xls Hi Carol and Mike, Page 1 of 1 In response to Carol's request for information concerning filing fees, I am attaching the current chart that we use to calculate fees for Notices on Intent under Section 5.7 of the General Bylaws. The fee is calculated based on the type of work (Residential/accessory, new house, commercial, new subdivision, etc.) and also on the impacts to wetlands and buffer zones. These fees were last raised in July of 2006. We also charge the following fees under the bylaw: Request for Determination of Applicability $75 Extension Permit $25 for residential $50 for larger projects Minor Projects $50 Amended Order of Conditions $25 for residential $100 for other projects Under the Wetlands Protection Act, fees are based on the type of work, and several fees may be charged if several different categories apply to a project. The fees are split between the state and the town. For example; an addition to a house is $110, with $67.50 paid to the Town and $42.50 to the state. The State only charges fees for Notices of Intent. Categories are as follows: Cat. 1 $110 e.g. residential accessory use Cat. 2 $500 e.g. new house, parking lot, driveway wetlands crossing Cat. 3 $1,050 e.g. commercial projects Cat. 4 $1,450 e.g. landfills, sand and gravel operations, railroads Cat. 5 $4/linear foot docks, piers, dikes Cat. 6 $2/linear foot to confirm wetland boundary delineations. Town and State projects (schools, roadways, parks, etc.) are exempt from both State and Town fees. The Commission has collected the following amounts in recent years: Under WPA Under RGB S. 5.7 Jan.-Dec. 2005 6,582 24,219 Jan.-Dec. 2006 6,632 24,954 Jan.-Dec. 2007 4,460 16,060 Jan.-Dec. 2008 5,793 17,962 Jan.-Mar. 2009 465 1,590 The Commission has not been asked and has not made any plans to increase filing fees at this time. Please let us know if others would like the Commission to increase the bylaw fees. Thanks, Fran. C H n /nnnn ~O-V)Sefoo*'00 Type of Activity INOI Filing Fee A. Each addition to or accessory use activity associated $110, plus all applicable fees listed in lines with an existing single-family or multi-family residential F through K of this chart dwelling, including but not limited to driveways, sheds, swimming pools, athletic courts, additions to existing houses, grading, and landscaping B. Each new single-family dwelling, including $500, plus all applicable fees listed in lines associated driveway, utilities, grading, landscaping, and F through K of this chart drainage structures C. Each new multi-family dwelling $500, plus $110 per unit located in any Resource Area or Buffer Zone, plus all applicable fees listed in lines F through K of this chart D. Each subdivision roadway, or other roadway, or $550.00, plus all applicable fees listed in driveway (other than for a single-family dwelling), and lines F through K of this chart all associated drainage structures, utilities, grading, curbing, landscaping, and other associated work exclusive of dwellings E. Each commercial, industrial, institutional or other non-residential project F. Boundary delineation for any Resource Area $700, plus all applicable fees listed in lines F through K of this chart $1.11 per linear foot of Resource Area boundary, up to a maximum of $111 for a single-family lot and $1110 for any other lot. G. Temporary and/or permanent alteration of land $1.25 per square foot of Buffer Zone altered within the Buffer Zone for any temporary or permanent alteration within 25 feet of a Resource Area or any permanent structure within 35 feet of a Resource Area; and $0.03 per square foot of H. Work in Floodplain 1. Work in Vernal Pool or its Buffer- Zone J. Work in Freshwater Wetland, Wet Meadow, Bog, Swamp, Marsh, Creek, River, Streem, Pond, Lake, Land Under Waterbody K. Work in Bank Buffer Zone temporarily or permanently altered for any other work $0.60 per square foot of Floodplain temporarily or permanently altered outside of any other Resource Area and Buffer Zone $11.10 per square foot of Vernal Pool temporarily or permanently altered and $1.11 per square foot of Buffer Zone of Venial Pool temporarily or permanently altered $11.00 per square foot of Resource Area temporarily or permanently altered $11.00 per linear foot of Bank temporarily or permanently altered y 1\1 GLEN REDMOND COMMISSIONER OF BUILDINGS Town Hall, 16 Lowell Street, Reading, MA 01867-2683 Phone: 781-942-6613 Fax. 781-942-9071 Daily Office Hours: Monday through Friday: 7:30 - 8:30 AM Mon - Wed - Fri: 12:30 - 1:30 PM BUILDING PERMIT FEES Residential New Construction (including additions & swimming pools) $11 per $1,000 of value of construction (Minimum $85 Fee) Re-roofing, siding, porch, deck, sheds, interior alterations $11 per $1,000 of value of construction (Minimum $30 Fee) Commercial New Construction (including additions and interior alterations) $12 per $1,000 of value of construction (Minimum $175 Fee) Re-roofing, siding $11 per $1,000 of value of construction (Minimum $30 Fee) Demolition $30 plus $6 per $1,000 total value of demolition cost Permit Renewal $30 per year Residential $55 per year Commercial Certificate of Occupancy $55 ($30 for open decks & above-ground pools) Signs $12 per $1,000 total value of construction (Minimum $110 Fee) Certificates of Inspection $45 Occupancy Permit (minor) $30 Occupancy Permit (major) $55 Rules Regarding Permit Fees: > Permit fees are payable at the time of application and are non-refundable. Round check to the nearest dollar amount. y Permit fees shall be doubled for any activity commenced without a permit. Revised 7uly 1, 2006 v JOHN HOLLAND INSPECTOR OF WIRES Town Hall, 16 Lowell Street, Reading, MA 01867-2683 Phone: 781-942-6614 Fax: 781-942-9071 Daily Office Hours: Monday through Friday: 7:30 - 8:30 AM ELECTRICAL PERMIT FEES Residential New House $ 225. Additions/Renovations : First 1 - 10 outlets $ 17. Each additional outlet $ 1. Fixed appliances $ 11. Service Change or alteration $ 30. Sub panels, each $ 30. . Commercial New Condos or Apartments per unit $ 225. Additions/Renovations: First 1 - 10 outlets $ 30. Each additional outlet $ 6. Fixed appliances $ 22. Service change or alterations: 1 Phase $ 55. 3 Phase $ 110. Sub panels $ 30. Miscellaneous Burglar Alarms - residential or commercial $ 55. Fire Alarm Systems-residential/cornmercial $ 55. Audio/Video/Data/Phone Systems $ 50 (Res.) 100 (Comm.) Central AC - residential $ 55. Central AC - conimercial. $ 85. Swimming Pools (in ground) $ 110. Swininung Pools (above ground) $ 55. Hot Tubs $ 30. Temporary service $ 55. Special Equipment (well pumps, heaters, etc.) $ 22. Pre-securing service/vinyl siding $ 22. All Signs $ 55. Demolition $ 30. General Fees Re-uispection fee $ 30. Late filing fee (per five working days) $ double initial fee Lost Permit $ 30. Rules Regarding Permit Fees: Permit fees are payable at the time of application and are non-refundable. Round check to the nearest dollar amount. Permit fees shall be doubled for any activity commenced without a permit. All electrical work sliall be done in accordance with the National Electric Code & Mass. State Code. "r Homeowners are not allowed to do electrical work in their home, they must hire licensed electrician. r Revised July 1, 2006 (f EDWARD CIRIGLIANO PLUMBING & GAS INSPECTOR Town Hall, 16 Lowell Street, Reading, MA 01867-2683 Phone: 781-942-6615 Fax: 781-942-9071 Daily Office Hours: Monday through Friday: 7:30 - 8:30 AM PLUMBING & GAS PERMIT FEES Residential New & Domestic Replacement (3 units or less) Plumbing Up to three fixtures $ 22. Each additional fixture $ 6. Piping (Gas also) $ 11. Sewer Conmection $ 55. Back Flow $ 30. Residential boiler or heater $ 30. *oil / 25. gas Residential electric hot water heater $ if. New or replacement oil hot water/tanldess (phmlbing only)$ 25. Demolition $ 30. New House Minimum fee $ 110. Commercial or For one fixture $ 55. Multiple Family Each additional fixture $ 6. Plumbing Piping (Gas also) $ if. Sewer Connection $ 55. Back Flow $ 30. Commercial electric water heater $ 55. Demolition $ 30. Residential New & Domestic Replacement (3 units or less) Gas Up to three fixtures $ 22. Each additional fixture $ 6. New or replacement gas hot water (gas & plumbi ng permit)$ 22. Residential propane pool heater $ 22. New House Minimum fee $ 110. Commerical For one fixture $ 55. Gas Each additional fixture $ 6. Connnercial water heater replacement (gas & plumbing) $ 70. Propane Tanks #100 or smaller Domestic $ 22. + 5. per tank Commmercial $ 55. + 5. per tank General Fees Re-inspection charge $ 30. Late filing fec (per five working days) $ double initial fee Lost Permit $ 30. Rules Regarding Permit Fees: r y Permit fees are payable at the time of application and are non-refundable. Round check to the nearest dollar arnount. Permit fees shall be doubled for any activity conunenced without a permit. All plumbing work shall be done in accordance with the National Plumbing Code & Mass. State Code. Homeowners are not allowed to do plumbing in their home, they must hire a licensed plumber. Revised July 1, 2(,1' 6 ~ 'A4 LEGAL NOTICE . TOWN OF READING To the. Inhabitants of the Town of Reading: You are hereby notified that an application for a beer and wine liquor license has been applied for by Bangkok Spice Thai Restaurant. The applica- tion is for the premises at 76 Haven Street, Reading, Massachusetts. Under the p.rovisions of Chapter 138, Section 15 of the Massachusetts General Laws, a public hearing will be held concerning such application by the Board of Selectmen on Tuesday,. May 19, 2009 at 8:00 p.m. in the Selectmen's Meeting Room,- 16 Lowell Street, Reading, Massachusetts. All. 'interested parties are invited to attend or submit their comments in writing, or by email to Town Manager at townmanaaer@ci.readina. ma.us. By order of Peter I. Hechenbleikrier Town Manager 5/5 °P k READING POLICE DEPARTMENT 15 Union Street • Reading, Massachusetts 01867 Qa Emergency Only: 911 • All Other Calls: (781) 944-1212 - Fax: (781) 944-2893 Web: www.ci.reading.ma.us/police/ DATE: MAY 12, 2009 TO: CHIEF JAMES W. CORMIER FROM: SGT. DETECTIVE MARK D. SEGALLA RE: BANGKOK SPICE - NEW LIQUOR LICENSE I received an application for a new liquor license for Bangkok Spice. I reviewed the names on the application as well as the call history. Mr. Pattanesuan has a guilty finding for an OUI in 1994 out of Miami, FL. Based upon my research, I see no reason why the application should not go forward. ~ ~ti Page 1 of 1 Hechenblelkner, Peter From: Ramdin, Larry Sent: Friday, May 15, 2009 10:58 AM To: Marino, Lillian; Hechenbleikner, Peter Subject: Bankok Spice Lillian, I reviewed the application for a Beer and Wine permit and did a site visit, the owner has to enforce a strict inventory policy control policy because the space is small and the addition of beer and wine storage will impact the space allocated to food storage. Thus, if a strict inventory control is observed then the addition of beer and wine will have no impact on the operation. Further, the plan submitted is not a true representation of the facility as it exists. The Health Division has no objection to the granting of the permit, but does want the licensing Board to be aware of the space constraints Larry A. Ramdin MA REHS CHO Health Services Administrator Reading Health Division 16 Lowell Street Reading, MA 01867 781-942-9061 781-942-9071-Fax When writing or responding, please remember that the Secretary of State's Office has determined that email is a public record. This communication may contain privileged or other confidential information. If you are not the intended recipient, or believe that you have received this communication in error, please do not print, copy, retransmit, disseminate, or otherwise use the information. Also, please indicate to the sender that you have received this email in error, and delete the copy you received. q63 5/15/2009 } 4t .y Spike. Fine Thai Cuisine Greeter/Cashier Counter Area Refrigerator. Y r r Gr v 6'i'r r v v r 6'i cr v - L) Front Entrance E E y I . r1ri Liu Mrl Fryer-_` --91- Cooler 10 Burner Stove OJ L.! 0 Exhaust Hood Above,` O O 4 Burner Stove II ~O Prep. Table O Silverware/Glasses Storage Prep. Table 'beer/Wine Gooier Refrigerator y Oink Dishwasher Ice Machine 3 Day5ink--- Dry Storage Area-~` LIU mr] 0 ---Table (typical) LIU (~I -Men's Room t I -Women's Room Back Exit 17'-6 " Plan View,(Exis-tina Conditions) 146Y r' I _-nak„ _ I Bangkok Svice Restaurant I Drawn Bv: ~r spice, pine Thai Cuisine Greeter/Cashier - Counter Area Fryer_ Cooler 10 Burner Stove, Exhaust Hood Above...,, O 4 Burner Stove-__ Refrigerator In Prep. Table Refrigerators-F Sink ~ Dishwasher-- Ice Machine 3 Bay Sink-- . -Table (typical, -Men's Room -Women's Roc Storage Area-__ Haven 5'Gree-L_ 47'-6" Back Exit 1T-6 " 10 Plan View (ExiStina Conditions) Or-ale: 114-"=1'47' - ! c;-le-lc .r5nice Restaurant ( Drawn By: trance 4.11-\ - . M. 2@9 APR 30 F~ 2` 48 The Commonwealth of Massachusetts ALCOHOLIC BEVERAGES CONTROL COMMISSION THIS FORM MUST BE COMPLETED FOR EACH: A. NEW LICENSE APPLICANT B. APPOINTMENT OR CHANGE OF MANAGER IN A CORPORATION C. TRANSFER OF LICENSE (RETAIL ONLY-SEC. 12 & SEC. 15) (Please check which transaction is the subject of an application accompanying this Form A.) PLEASE TYPE OR PRINT ALL INFORMATION ALL QUESTIONS MUST BE ANSWERED AND TELEPHONE NUMBERS PROVIDED OR APPLICATION WILL NOT BE ACCEPTED. 1. LICENSEE NAME K / PI'u ~ V1G`ti (NAME AS IT WIII!LAPPEAR ON E LICENSE) 2. NAME OF PROPOSED MANAGER QJCrci~ Ri 4q'i. P, S U Q ✓1 8. SOCIAL SECURITY NUMBER 4. HOME (STREET) ADDRESS lSNUA CUC-( I Ac, MN d I ~j~~ 5. AREA CODE AND TELEPHONE NUMBER (S): (Give both, your home telephone and a number at which you can be reachetdo during the day).. DAY TIME # I . q~~ - HOME# 6. PLACE OF BIRTH: Gl `G 7. DATE OF BIRTH: t -5-5 8. REGISTERED VOTER: YES ND 8A. WHERE?: 9. ARE YOU A U. S. CITIZEN: X YES NO 10. COURT" AND DATE OF NATURALIZATION (IF APPLICABLE. (Submit proof of citizenship and/or naturalization such as Voter=s Certificate, Birth Certificate or Naturalization Papers) ~1 11. FATHER'S NAME 12: MOTHER'S MAIDEN NAME:X.N"-' 13. IDENTIFY YOUR CRIMINAL RECORD, (Massachusetts, Military, any other State or Federal): ANY OTHER ARREST OR APPEARANCE IN CRIMINAL COURT CHARGED WITH A CRIMINAL OFFENSE REGARDLESS OF FINAL d SPOSITION: YES NO (MUST CHECK EITHER YES OR NO) IF YES, PLEASE DESCRIBE OFFENSE (S) SPECIFIC CHARGE AND DISPOSITION (FINE, PENALTY, ETC.) 14. PRIOR EXPERIENCE IN THE LIQUOR INDUSTRY: YES ~e NO 11 IF YES, PLEASE DESCRIBE: 15. FINANCIAL INTEREST, DIRECT OR INDIRECT, IN THIS OR ANY OTHER LIQUOR LICENSE,. PERMIT OR CERTIFICATE: X YES A NO IF YES, PLEASE DESCRIBE: i~LJ,A Af VOJ"7114 5) CiA koOP 1) t 1~ C IM G ke V'A(A CU 54C64+.r5r rA.A d, Y/UrJ tJAl r` 3 y J 16. EMPLOYMENT FOR THE LAST TEN YEARS (Dates, Position, Employer, Address and if known, ~ Telephone Numbers): 1`7 AArAk) k C ) o Gi Il f'S`t7.~U c~t~ 17. HOURS PER WEEK TO BE SPENT ON THE LICENSED PREMISES: 97-' 18. 1 HEREBY SWEAR THAT UNDER THE PAINS AND PENALTIES OF PERJURY THAT THE INFORMATION I HAVE GMI~THIS(z PPLI TION IS TRUE TO THE BEST OF MY KNOWLEDGE ANO BELIEF. PROPOSED MANAGER SIGNATURE DATE F:\FILES%MAUREEN.1\MAUREEN\FORMS\FORMA.W PD 9199 r ~ 4 2 ,Z~, The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 Application for Alcoholic Beverage License for Retail Sale City/Town: (4 A 81 n (A • J New License ( ) Transfer of License ( ) Transfer of Stock ( ) New Officer/Director ( ) Other (specify) Section 1 j / Name to appear on the license: 9 Gtn G i~ o k ~,1 u I I)a 1 fe v /'~ivt ? J ` Business Name (d/b/a, if different):. Manager of Record: M[ . a r -C. PC#MCAD of Licensee: Address of Premises: b Ct (A v -1. ~ LP Gt e t/1 /AA' Zip Code: Phone number of premises: 1 )I- " 1 qj ti Section 2 Type of license: (check one only) ( ) Club ( ) General on Premise ( } Innholder Section 3 License Category ) Package Store ( ) Veterans Club IN Restaurant ( ) Other ( Tavern ( ) All Alcoholic Wine and Malt ( ) Malt Only ( Wine Only ( } Wine and Malt with Cordials Permit Section 4 License Class ( X) Annual ( ) Seasonal Section 5 Pearson (attorney if applicable) who can be contacted concerning this application Name: coio A %q- Address: " 1 rt ac-4a", 4 Linn MA Ui b(,-4 1 Phone Number: -7 v I -9,f I_- 0 Dq ~c . Section 6 Give a full description of the premises to be licensed, including location of all entrances and exits: _ ~_r~_t- 1 c~ ~ :r 1 U f G. r' awl `fit ~ 5 pc~ ~k ' U00 Lilt 4VC111 L.Q. (DCG k4 f' OA N G((t IJ'(A 1(3 4 J ~ G/1 i1 ~v i°.'► 5f a"% d reef 5 f11,1 ✓t J 'RrCiAd 1114. 6a. ~p Seating Capacity: d-f) Occupancy Number: Section 7 Applicant is an: ( ) Association ( ) Corporation Individual ( ) Partnership ( ) Non-profit corporation ( ) LLC Section 8 If applicant is an individual or partnership - List for individual or each partner; Full Name Home Address DOD. ' SSN Ja'rak atlll~ PNA i M M A 0 q ~6_0_ (Mq 8a. Is individual or all partners United States citizens? ( Yes ( ) No If no, specify citizenship: 8b. Is individual or all partners involved at least twenty-one years old?(~ Yes ( ) No Section 9 If the applicant is a corporation, complete the following: State of Incorporation: Date of Incorporation: Date qualified to do business in MA: 9a. How many shares of stock are authorized: How many shares are issued: Provide in the box the names if all officers, directors, stockholders and manager. Use * to indicate director Title pull Name Home Address DOB SSN Shares of stock owned or controlled 9b. Attach a copy of the vote by the Board of Directors appointing a manager or principal representatives. 9c. If the applicant is a corporation, answer the following questions: 1. Are the majority of directors United States citizens? ( ) Yes ( ) No 2. Are the majority of directors citizens of Massachusetts? ( ) Yes ( ) No' 3. Is the manager or principal representative a U.S. citizen? ( ) Yes ( ) No Section 10 If the applicant is an association, provide in the box below the names of all association officers and members. Title Pull Name I Home Address I DOB I SSN I Phone Number I Ob. Attach a list of all members of the LLC. Section 11 Will there be any construction, remodeling, redecorating or building on the premises for this license? ( ) Yes ( ) No (If yes complete a,b, c and d) a. Give an exact description of the construction, remodeling, redecorating or building on the premises: b. What are the estimated costs: c. What is the construction schedule: d. State all sources of construction financing: Section 12 Do you own the premises? ( ) Yes (No. If yes, please respond to the question below. ( ) As an individual ( ) Jointly \ Name of Realty Trust Name of Corporation ( ) Other (If you do not own the premises to be licensed, provide the following information about the owner.) Nameeolomho.OrlffiU.1,D~oe~ b4 ~dV5," Phone Number: "lbil- qYl- 004q Address: & k -H- l k"- t{ f QJ R Ev ~G~ l 2a. If a lease or rental, provide the following information: per Mo aw (rronth, year, etc.) Beginning date of lease i t Ending Date of lease-~ i (provide copy of the lease) FINANCIAL Section 13 What assets were purchased and cost? 7 3D ~ 71 Equipment: $ ODD, Furniture: $ -)100. Goodwill: $ bo Inventory: $ 8000, License: $ loo Premise: S 13a. Total Purchase Price: $ l~C~ U 13b. Identify below all sources of financing: Mortgage: $ Seller: $ Cash:. $ (Do() t 5~(JVn~S Other (specify): $ Document all sources e.g. Loan papers, checking accounts, stock sales, etc. 13c. All other terms and conditions: (provide purchase and sale documents) 13d. Are you seeking approval for license to be pledged. Yes No If yes, to whom: 13e. Will the inventory be pledged: ( ) Yes A No If yes, specify to whom: 13f. If a corporation, are you seeking approval for any corporate stock to be pledged: ( ) Yes ( ) No If yes, identify to whom and identify the number of shares: OWNERSHIP INTERESTS Section 14 State the following information for all persons or entities who will have any direct or indirect beneficial or financial interest in this license: ~G t 14a. Describe all types of beneficial or financial interest each person or entity identified in Question 14 will have in this license: Person or entity Beneficial or financial interest 14b. Does any person or entity listed in Question 14 have any direct or indirect beneficial or financial interest in any other license granted under Chapter 138? ( ) "Yes No Name I Type of license I License Name and Address ( Description of Interest 14c. Has any person or entity named in Question 14 ever held a license or a beneficial interest in a license issued under Chapter 138 which is not presently held? ( ) Yes ( No (If yes, provide the following for each person or entity.) Name Type of License ( License Name and Address I Date ownership surrendered a 14d. Describe how all licenses in Question 14c were terminated (e.g. transfer of ownership, non-renewal, surrender, etc.) Date + License Reason why the license was terminated G~~ 14e. Has any person or entity named in Question 14 ever had a license suspended, revoked or cancelled? No ( ) Yes ~afioon) (If yes, provide the following info Date I License Reason why the license was suspended, revoked or cancelled 14f. Has any person or entity named in Question 14 ever been convicted of violating any state, federal or military law? ( ) Yes No 15. a. Each individual applicant must sign. b. Applications by a partnership must be signed by a majority of the partners. C. Applications by a corporation must be signed by an officer authorized by a vote of the corporations Board of Directors. d. Applications by an association must be signed by a majority of the members if the governing body. All signers must have answered question 10. .e. False information or failure to disclose are reasons to revoke a license or deny a license application. Signed and subscribed to under the penalty of perjury, this day of~ , 20 . By: Siimaaature ofFuU Name Title ~ 1/4,66.1 + (-~W ti-t r LEASE THIS INDENTURE made this first day of September 1, 2000 between Colombo, O'Leary and Colombo~Trust recorded with Middlesex South District Registry of deeds, hereinafter collectively called the LESSORS, which expression shall include their heirs, administrators, executors and assigns and Yanyong Kanti of 419 Florence Street, Leominster, Massachusetts; hereinafter called the LESSEES, which expression shall include their successors, administrators, executors and assigns where ever the context so permits. MR- P,9jtAAAT QATT. NStzau - CREF" S't '):ZJ__-i420Nq ~R X1967 WITNESSTH: That the LESSORS, for and in consideration of the rent and all of the charges and payments hereinafter reserved and payable by LESSEES, and of covenants, agreements, terms, provisions and conditions to be kept and performed hereunder by LESSEES, do hereby demise and lease to LESSEES, and LESSEES do hereby hire and take from LESSORS the premises hereinafter mentioned and described (hereinafter referred to as the "premises") subject to the covenants, agreements, terms, provisions and conditions of this LEASE for the term hereinafter stated. 1. DESCRIPTION OF DEMISED PREMISES First floor store located at 76 Haven Street, approximately 800 square feet. To have and to hold the premises hereby demised unto the LESSEES for the'term of (5) years commencing January 1, 2007 and ending December 31", 2012 2. RENTAL Yielding and paying therefor during the term of the lease, the yearly sum of TEN THOUSAND TWO HUNDRED DOLLARS ($10,200.00) in equal monthly installments payable in advance of EIGHT HUNDRED FIFTY DOLLARS ($850.00). Each monthly payment is due and payable prior to the first day of each month during the term of the LEASE. 3. PROHIBITED LESSES shall.not use, or suffer, or permit the use of, or suffer or permit anything to be done in, or anything to be brought into, or kept in, the.premises or any part thereof; ( i ) which would violate any of the covenants, agreements, term provisions and conditions of this LEASE (ii) for any unlawful purpose or in any way unlawful manner; (iii) which shall in anyway impair the appearance or reputation of the building; and (iv) no portion of the demised premises shall-be used for habitation but shall be utilized soley for the business purpose of the LESSEES, namely that of restaurant and all related functions in connection with such business. ~iG\y aril .1' 4. SERVICES FURNISHED TO PREMISES LESSEES shall pay for the cost of heat and hot water to the demised premises and LESSEES covenant that they will pay for electrical services and all water and sewer use charges for water and sewerage service supplied to their premises, which shall be separately metered. LESSEES shall iaintain the premises, and shall be responsible for the maintenance, upkeep and replacement of all heating equipment;boilers, piping and plumbing fixtures furnishing heat or water to the demised premises. LESSEES -shall also be responsible for the up keep and replacement of any elecrica.l work required on demised premises. LESSEES shall maintain and.be responsible for all plate glass windows within the confines of their premises, and shall replace any cracked or broken glass, no matter 'how same shall occur, at their own cost and expense. LESSEES shall be responsible for structural maintenance of the building on which the demised premises form a part. 5. INSURANCE LESSEES shall maintain in full force and effect, at their own cost and expence, comprehensive general liability insurance indemnifying the LESSORS against all. claims, loss or liability due "to bodily injury and property damage 'to any person or property in or on the demised premises or the adjacent, thereto with coverage of at least FIFTY THOUSAND DOLLARS ($50,000) in respect to injury or damage to one person and at least ONE HUNDRED THOUSAND DOLLARS ($100,000) in respect to injury or damage by any one occurrence and at least TEN THOUSAND DOLLARS ($10,000) in respect to damage and property, in each case providing for notice to LESSORS prior to' cancellation and LESSEES shal.l furnish LESSORS with certification of insurance. 6. 'DAMAGE BY FIRE OR OTHER CAU.SM If the demised premise; or any part thereof shall. during the term of the lease, c_)r any extension thereof, be damaged by fire or other cause, the rent or•a just and proportionate part thereof according to the nature and extent to which the premises shall be rendered unfit, `-shall be suspended or abated until the premises shall have been restored as nearly as practicably may be to the condition in which'they.were immediately prior to such fire or other casualty, and the LESSORS' shall apply all 'sums of money received by them from insurance policies, together with any other costs necessary to reconstruct, or restore the demised'premises, but in the event that, the said premises are not restored by LESSORS within sixty (60) days, then the LESSEES have the option to declare thk'3 lease void. G~~ 6.5 OTHER PROVISIONS During the term of this lease, the LESSORS will not allow any other type of food establishment in any of it's other rental units located at 70-76 Haven Sit-, Reading, ssachusetts. Trash removal w►il~ 1~4 COIN 9'6y -tk LQ550,1'5 7. DEFAULT A.Unditions of Limitation ReEntry Limitation This LEASE and the herein terms and estate are upon the condition that if (a) LEES SEE shall neglect or fail to pay rent when due, or within fifteen (15) days after written notice by LESSORS shall neglect or, fail to perform or observe any of the LESSEES' covenants herein, this LEASE shall terminate, and without being taken or deemed to be. guilty of any manner of trespass or conversion, and without being liable to indictment, prosecution or dnmagoo 5i therefor, LESSORS may, forcibly if necessary, expel LESSEES and those claiming under LESSEES from the premises and remove therefrom the effects of LESSEES and those claiming under LESSEES. B. Fees and Expenses If LESSEES shall default in the performance of any covenant on LESSEES' part to be performed as in the LEASE contained, the LESSORS may immediately, or at any t-,ime thereafter, without notice, perform the same for the account of the LESSEES. If LESSORS at-any time are compelled to pay any summ of money, by reason of the failure of LESSEES to comply with any provision hereof, or if LESSORS are compelled to or do incur any expense , including reasonable attorney's fees, instituting, prosecuting, and/or defending any action -or proce.ding instituted by reason of any default of LESSEES hereunder., the LESSEES shall on demand pay to the LESSORS by way of reimbursement the sums so' paid by LESSORS with all interest, cost and damage`.. 8. QUIET ENJOYMENT' LESSORS covenant that if, and. so long as LESSEES keep and perform each and every covenant, agreement, -term, provision and condition herein contained on the part and on the behalf of the LESSEES to be kept and performed, LESSEES shall quietly enjoy the premises subject, nevertheless, to the- covenants, agreements, terms, provisions and conditions of'this LEASE and to the mortgage to which this LEASE is subject and subordinate, as herein set forth. cf~, s=`. -This LEASE and any document. incorporated herein or made a part thereof, contain the entire and only agreement between the parties and any and all statements and representations, written and oral, including previous correspondence and agreements between the ttz,,t: parties hereto, are merged herein. LESSEES acknowledge that all representations and statemeizt3 upon which it relied in executing this LEASE are contained hereiiz and that the LESSEES in no -way reli•ed•• upon any other statements, wri. t:ten or oral. Any executory agreement hereafter made shall be ineffective to change, modify, 'discharge, or effect an 'abandonment: of this LEASE in whole or in part. unless such executory agreement is in writing and signed by the_, party against whom enforcement of the change, modification, discharge or abandonment is ;sought.. 10. ASSIGNMENT, MOR'.I.'GAGIN(3 AND UBLETTING This LEASE and the term and eatette hereby. granted may riot be assigned or otherwise transferred without thT permission of the LESSORS and the premises and any part thereof may not be sublet in whole or in part' if thi.8 LEASE be. assigned, or if th.e' premises or any. part thereof be sublet or occupied by anybody other than the LESSEES; LESSORS may, after default by LESSEES, collect rent from. the aasi•gnee; sub-tenant or occupant, and. apply the net amount collected to the rent herein reserved, but no such assignment,. .subletting, occupancy or collection shall be deemed a wdiver of 'this covenant, or the acceptance of the assignee, sub-tenant, or occupants as the tenant, or a release of LESSEES from the further performance, by LESSEES of covenants on the part of the LESSEES herein contained. 11. MISCELLANEOUS A. Separability - If any provision of this LEASE or portion of such•provision or the application thereof to any person or circumstance is fo any reason held invalid or unenforceable,.-the' remainder of the LEASE (or 'thee remainder of such provision) and. the application thereof L-o ol'her per sons or circumstances shall not be affected .thereby. B. Captions - The captions are inserted only as a matter of. convenience and for reference, and in no way define, limit. or describe the scope 6f this LFASR nor 'the-; intent Of any provisions'; Wk thereof. C. Copies - 'It 7.: , agreed and understood that copies, xer.oz copies, and duplicati.oris'iriechariict-illy' reproduced of this LEASE' ar~e1 to be executed by t:he parties. hereto, and shall. be' ,consid6red` original instrumen'1:;.c if • he• signatures appearing thereon are- original. 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DEV. WILMINGTON PLANNING BOARD NORTH READING PLANNING BOARD WOBURN PLANNING BOARD METRO AREA PLANNING COUNCIL MAP C PROP-ID OWNERI OWNER2 2460540000000010 GALLO MATTEO TRUSTEE OCEAN VIEW NOMINEE TRUST 2460540000000020 READING SAVINGS BANK 2460540000000170 KILEY ROBERT J TR 34 GOULD STREET REALTY TRUST 2460540000000180 GREGORIO PHILIP J 246054000000018A CARLSON RICHARD W TR 55 HAVEN STREET REALTY TRUST 246063000000001& HAVEN ATLANTIC LLC 2460630000000040 TOWN OF READING PARKING LOT 2460640000000270 LJH LINDEN STREET LLC 2460640000000280 LJH BRANDE COURT LLC 246064000000028A STINCHRELD ANNE 246064000000028C TOWN OF READING PARKING 246064000000028D TOWN OF READING RIGHT OF WAY 2460640000000290 COLOMBO ROBERT G ETAL TRS COLOMBO, O'LEARY & COLOMBO R 2460640000000300 MCGIVERN EUGENE R 2460640000000260 READING MASONIC BLDG ASSOC LIST PREPARED BY: Penni Dudley 4AILING_`ADDRESS CITY ST - ZIF 35 CENTRAL ST STONEHAM MA 02180 1 LAFAYETTE STREET WAKEFIELD MA 01880 55 SUMMER STREET LYNNFIELD MA 01940 ONE CONGRESS ST 10TH FLOOR BOSTON MA 02114 121 GLEN ROAD WILMINGTON MA 01887 235 NORTH STREET NORTH READING MA 01864 10 COMMON STREET WOBURN MA 01801 60 TEMPLE PLACE BOSTON MA 02111 OWN_ADDR OWN-CITY OWN_STATE OWN-ZIP 376 NORTH ST BOSTON MA 02113 ONE EASTERN PLACE, EP 1-07 LYNN MA 01901 34 GOULD ST READING MA 01867 57 RUSTIC LANE READING MA 01867 51 HAVEN ST READING MA 01867 30 HAVEN ST READING MA 01867 16 LOWELL ST READING MA 01867 21 ANGLEWOOD LN NORTH READING MA 01864 21 ANGLEWOOD LN NORTH READING MA 01864 47 PRESCOTT ST READING MA 01867 16 LOWELL ST READING MA 01867 16 LOWELL ST READING MA 01867 70 HAVEN ST READING MA 01867 1 t TREE TOP LN KINGSTON MA 02364 PO BOX 521 READING MA T 01867 THE READING BOARD OF ASSESSORS L :-6-Ao A A o ` CLts~!►~ ROBERT 1. ORDST~~D, C N. RALPH A. 6 ORUSSO, V.'OHMN. FITANK J r91EN, SEC. AWAY-09-008-i uo!pnjlsul,p wo3,Ajane mmm apsnai el zatsnsuo:) 246063A000001010 MARK G HALL TRUSTEE DEPOT REALTY TRUST 286 PARK ST NORTH READING, MA 01864 246063A000001040 HALL MARK G TRUSTEE DEPOT REALTY TRUST 286 PARK ST NORTH READING, MA 01864 246063A000002030 ZZW REALTY LLC 19 MALL ST #2 SALEM, MA 01970 246063A000002060 PELLET AND MIME LLC 2 HAVEN ST UNIT 206 READING, MA 01867 246063A000003010 HALL MARK G TRUSTEE TRUE VALUE REALTY TRUST 286 PARK ST NORTH READING, MA 01864 tuauwa6jeya op sues (bons- e-AV3AV 4!joge6 e! zasuRn ♦ salad q so pq samnb.q; 246063A000001020 246063A000001030 HALL MARK G TRUSTEE HALL MARK G TRUSTEE DEPOT REALTY TRUST DEPOT REALTY TRUST 286 PARK ST 286 PARK ST NORTH READING, MA 01864 READING, MA 01867 246063A000002010 ANASTOS, LLC 2 HAVEN STREET READING, MA 01867 246063A000002020 SPYROU LEONIDAS 9 COBBLESTONE LANE SUDBURY, MA 01776 246063A000002040 READING EXECUTIVE PLACE, LLC 2 HAVEN STREET READING, MA 01867 246063A000002070 PELLET & MIME LLC 2 HAVEN ST UNIT 207 READING, MA 01867 246063A000003020 HALL MARK G TRUSTEE C/O YOUSHENG MA 2 HAVEN ST U303 READING, MA 01867 246063A000003040 246063A000003050 LATINA MARK A HALL MARK G TRUSTEE TRSTEE HAVEN JUNCTION RLTY TR TRUE VALUE REALTY TRUST 20 POND MEADOW DR STE 204 286 PARK ST READING, MA 0186 NORTH READING, MA 01864 246063A000003070 HALL MARK G TRUSTEE TRUE VALUE REALTY TRUST 286 PARK ST NORTH READING, MA 01864 246063A000003080 HIGH STREET LIMITED PARTNERSHI 107 WOBURN ST READING, MA 01867 2460640000000180 US OF AMERICA POST OFFICE 136 HAVEN ST READING, MA 01867 2460640000000260 READING MASONIC BLDG ASSOC PO BOX 521 READING, MA 01867 2460640000000280 L7H BRANDE COURT LLC 21 ANGLEWOOD LN NORTH READING, MA 01864 2460640000000190 US OF AMERICA ADMR GEN SER SANBORN 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 246063A000002050 DARDENO PHILIP ETAL TRUSTEES PRD REALTY TRUST 16 RIDGEWAY RD NORTH READING, MA 01864 246063A000002080 SAMPSON STEPHEN J 2 HAVEN ST STE 208 READING, MA 01867 246063A000003030 YOUSHENG MA HUM IN P WANG 2 HAVEN STREET READING, MA 01867 246063A000003060 STEPHEN VIEGAS SUSAN C VIEGAS 2 HAVEN ST #306 READING, MA 01867 246063A000003090 HIGH STREET LIMITED PARTNERSHI 107 WOBURN ST 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 LN NORTH READING, MA 01864 246064000000028C TOWN OF READING t PARKING 16 LOWELL ST READING, MA 01867 T Tajnaead laad ~tse3 JO; jaded p~Y eo9~:s dwu ~aAb asn ! .096s.AM3A%f 1 1 I i iaaus uol7annsw aas ■os v 1 40 ssagel lead Ase3 Ab3Aa-0J-009-L uonamisul,p wow iGane AAMM 9111nal el z94lnsuo3 2460540000000010 GALLO MATTED TRUSTEE OCEAN VIEW NOMINEE TRUST 376 NORTH ST BOSTON, MA 02113 2460540000000140 RUCKER CLIFFORD L ETAL TRS C & M REALTY TRUST PO BOX 4051 PEABODY, MA 01961 2460540000000180 GREGORIO PHILIP J 57 RUSTIC LANE READING, MA 01867 246054000000019A PJC REALTY MA, INC. C/O RITE AID P O BOX 3165 HARRISBURG, PA 17105 246054000000019D GRAHAM FRANCIS E GALE S GRAHAM 14 GREEN ST READING, MA 01867 246054000000020& WILLWERTH WADE TRUSTEE HANLEY REALTY TRUST 26 GREEN ST READING, MA 01867 2460630000000020 HAGAN STEPHEN E 68 WOBURN ST READING, MA 01867 2460630000000050 DOUCETTE EDWARD J KATHERINE A DOUCETTE PO BOX 273 NO.READING, MA 01864 2460630000000100 TOWN OF READING PARKING 16 LOWELL ST READING, MA 01867 2460630000006020 MURPHY SEAN P 1037 MAIN ST READING, MA 01867 tuiawa6ieya ap sues eo9t v3Av tuegQ6 e1 mos! ® ,dads q yelp 2460540000000020 2460540000000130 READING SAVINGS BANK CAIN KENNETH J ETAL TRS ONE EASTERN PLACE, EP 1-07 CAIN REALTY TRUST LYNN, MA 01901 16 GOULD ST READING, MA 01867 2460540000000150 RUCKER CLIFFORD L ETAL TRS C & M REALTY TRUST PO BOX 4051 PEABODY, MA 01961 246054000000018A CARLSON RICHARD W TR 55 HAVEN STREET REALTY TRUST 51 HAVEN ST READING, MA 01867 246054000000019B MARTIN LUCY A (LE) LELAND E MARTIN 20 GREEN ST READING, MA 01867 246054000000019E LEHR EVELYN J TRUSTEE THE LEHR FAMILY TRUST 16 GREEN ST READING, MA 01867 2460540000000330 ARENA STEPHEN J DEBORAH A ARENA 134 CANDLEWOOD DR WALTHAM, MA 02154 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 2460630000000520 NORET CHARLES R CINDY W NORET 15 CHUTE ST READING, MA. 01867 246063A000OOOOIO COLOM 3A FRANK J 2-10 BRANDE CT UNIT A READING, MA 01867 y 00915®AU3Ad ~ Tain4 ipn 6se3 ass 1894$ u o~~njtsul ass 2460540000000170 KILEY ROBERT J TR 34 GOULD STREET REALTY TRUST 34 GOULD ST READING, MA 01867 2460540000000190 CARLSON RICHARD W TR 55 HAVEN ST REALTY TRUST 55 HAVEN ST READING, MA 01867 246054000000019C SILVA JOSEPH M 18 GREEN ST READING, MA 01867 246054000000019F TASKER SUSAN E TRUSTEE HAVEN STREET TRUST 1 HAVEN ST READING, MA 01867 246063000000001& HAVEN ATLANTIC LLC 30 HAVEN ST READING, MA 01867 2460630000000040 TOWN OF READING PARKING LOT 16 LOWELL ST READING, MA 01867 246063000000007A KELLEY TIMOTHY J CHRISTINE M KELLEY 84 WOBURN STREET READING, MA 01867 2460630000006010 PERERA RAVINDRA NILMINI PERERA 78 WOBURN STREET READING, MA 01867 246063A000000020 COLOMBA GIUSEPPE ROSARIA COLOMBA 30 FRANKLIN ST READING, MA 01867 Jaded FAY J~7_ ®89.1:5 3 "dwu oxmv a5n i 19laga'I I"d ASIR3 A113AV-09-008-L 246064000000028D TOWN OF READING RIGHT OF WAY 16 LOWELL ST READING, MA 01867 uolnjwl,p ~iawa6jega al agina4 el za;insuo:) 2460640000000290 COLOMBO ROBERT G ETAL TRS COLOMBO, O'LEARY & COLOMBO R T 70 HAVEN ST READING, MA 01867 246064000000030A BUGBEE NEWELL S (LE) KAREN BROWYN GERMAN ETAL 14 LINDEN ST READING, MA 01867 2460640000000320 KAUFMAN NAOMI J 64 WOBURN ST READING, MA 01867 2460640000000310 BLUNT RALPH C ADELE F BLUNT 22 LINDEN ST READING, MA 01867 2460640000000260 READING MASONIC BLDG ASSOC PO BOX 521 READING, MA 01867 P sues togis emmzijega6 ei zestim isled V s9M saWnbiq 2460640000000300 MCGIVERN EUGENE R 1+ TREE TOP IN KINGSTON, MA 02364 246064000000031A NORDEN MARILYN MARY CHERKL MS MCGOVERN 18 LINDEN STREET READING, MA 01867 1 T i o09is®AU3Ab ♦ajn#ead lead Ase-3 jo} aaded PeoA T ®09. Ls 311°IdW31b asn 1 ways uoi~njisui ass ® ♦ l !d_ 31age7 id Xseg 5/4/2009 TOWN OF READING 1 ABUTTERS LIST ~MAP.64LOT- 29 OWNER OWNER2 MAILING=ADDRESS CITY ST ZIP. STONEHAM PLANNING BOARD 35 CENTRAL ST STONEHAM MA 02180 WAKEFIELD PLANNING BOARD 1 LAFAYETTE STREET WAKEFIELD MA 01880 LYNNFIELD PLANNING BOARD 55 SUMMER STREET LYNNFIELD MA 01940 MASS DEPT OF HOUSING & COM. DEV. ONE CONGRESS ST 10TH FLOOR BOSTON MA 02114 WILMINGTON PLANNING BOARD 121 GLEN ROAD WILMINGTON MA 01887 NORTH READING PLANNING BOARD 235 NORTH STREET NORTH READING MA 01864 WOBURN PLANNING BOARD 10 COMMON STREET WOBURN MA 01801 METRO AREA PLANNING COUNCIL MAP C 60 TEMPLE PLACE BOSTON MA 02111 PROP-ID OWNERI OWNER2 OWN_ADDR OWN-CITY OWN_STATE OWN-ZIP 2460540000000010 GALLO MATTEO TRUSTEE OCEAN VIEW NOMINEE TRUST 376 NORTH ST BOSTON MA 02113 2460540000000020 READING SAVINGS BANK ONE EASTERN PLACE, EP 1-07 LYNN MA 01901 2460540000000130 CAIN KENNETH J ETAL TRS CAIN REALTY TRUST 16 GOULD ST READING MA 01867 2460540000000140 RUCKER CLIFFORD L ETAL TRS C & M REALTY TRUST PO BOX 4051 PEABODY MA 01961 2460540000000150 RUCKER CLIFFORD L ETAL TRS C & M REALTY TRUST PO BOX 4051 PEABODY MA 01961 2460540000000170 KILEY ROBERT J TR 34 GOULD STREET REALTY TRUST 34 GOULD ST READING MA 01867 2460540000000180 GREGORIO PHILIP J 57 RUSTIC LANE READING MA 01867 246054000000018A CARLSON RICHARD W TR 55 HAVEN STREET REALTY TRUST 51 HAVEN ST READING MA 01867 2460540000000190 CARLSON RICHARD W TR 55 HAVEN ST REALTY TRUST 55 HAVEN ST READING MA 01867 246054000000019A PJC REALTY MA, INC. 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TY TIRUS LTY TR TRUE SUSAN CVIEGAS TRUST TRUE VALUE REALTY CIO NYNEX PROP DEPT BEAUFORT REALTY TRUST PARKING RIGHT OF Wa LEARY & COLOMBO R T COLOMBO, KAREN BROWYN GERMAN ETAL ADELE F BLUNT M CGOVERN MARY CHERKLMS 24606400000002 LIST PREPARED BY• Penni OudteY BOARD OF ASSESSORS THE READING J~-- - N' - GHM, ~5fFtA ~O13ERT 10 V. CHMN. OLORUSSO, • RAL. AG CAE EC. F~tANK J G NORTH READING MA READING MA READING WIN READING NORTH READING MA READING MA READING MA READING NORTH READING MA READING EADING MA NORTH MA READING MA READING MA READING MA READING TX IRVING MA READING MA READING MA NORTH READING NORTH READING MA READING MA READING MA READING MA READING MA KINGSTON MA READING MA READING MA READING MA READING MA READING 01864 01867 01867 01867 01664 01867 01867 00186 01864 01867 01864 01867 0'867 01867 01867 75015 01867 01867 01864 01864 0'867 01867 01867 0'867 02364 01867 01867 01867 01867 01867 Page 1 of 2 Schena, Paula From: Hechenbleikner, Peter Sent: Tuesday, May 12, 2009 3:34 PM To: Schena, Paula Subject: FW: Report a Technical Problem Include in Board of Selectmen file on hearing From: LeLacheur, Bob Sent: Monday, May 11, 2009 4:09 PM To: Hechenbleikner, Peter Subject: FW: Report a Technical Problem From: MANUEL GERMAN [mailto:mbgerman@att.net] Sent: Monday, May 11, 2009 3:56 PM To: LeLacheur, Bob Subject: Re: Report a Technical Problem Hi, Bob, All I wanted to tell him was that we may not be able to attend the meeting on May 19th but want Peter Hechenbleikner to know that the residents of 12-14 Linden St: Manuel and Karen German/Heidie and Fernando Gutierrez respectively, approve the granting of a beer and wine license to the Bangkok Spice Thai Restaurant at 76 Haven St.. Please forward this message to him and good luck fixing the e-mail glitch! Thanks so much, Karen Original Message From: LeLacheur. Bob To: Karen German Sent: Monday, May 11, 2009 10:09 AM Subject: RE: Report a-Technical Problem Hi Karen, 5/12/2009 G- C'g3- I Page 2 of 2 I just tried that address and it failed from here, so it is our problem, which we'll get fixed. In the meanwhile, please feel free to send it to me and I will forward it to Town Manager Peter Hechenbleikner. He is out of the office today but back on Tuesday. If there is anything I can do today to help, please let me know. Thanks, Bob Bob LeLacheur Assistant Town Manager/Finance Director Town of Reading 16 Lowell Street Reading, MA 01867 (P) 781-942-6636 (F) 781-942-9037 (E) finance@ci.reading. ma. us From: Karen German [mailto:mbgerman@att.net] Sent: Monday, May 11, 2009 9:51 AM To: Finance Subject: Report a Technical Problem Request From: Karen German Email: mbaeii-nan(@,att.net. Address: City: State: Zip: Phone: Organization: I've been trying to send an e-mail to the town manager but his e-mail address isn't working: towmnanaeer(@..reading.ci.ina.us. Could you help me with this? r L%Co2 5/12/2009 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- ing public hearings on Tuesday, May 19, 2009 in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts: • Continued Hearing - Atlantic Food Mart Revocation of Liquor License (to be further continued to June 9th) 7:30 p.m. • Amend fees - 7:35 p.m. • Bangkok Spice Thai Restaurant Beer and Wine License - 8:00 p.m. • Birch Meadow Master Plan A copy of the proposed doc- uments are available in the Town Manager's Office, 16 Lowell Street, Reading,,MA from 8:30 a.m. - 5:00' p.m., M-F and are attached to the hearing notice on the website. at www.readingma.gov All interested parties may appear in person, may submit their comments in writing, or by email to townmanaaer@ci.read ina.ma.us. .By order.of Peter I. Hechenbleikner Town Manager 5/12 VVV""" Progress Report for New Playground for the area formerly known as Imagination Station The process has begun for the new playground at Imagination Station Area. Presently, $150,000 is slated in the FY 2011 budget for this project. Early returns indicate that cost of the project will exceed the budgeted amount and supplemental fund raising efforts will be needed. The first step of the process of rebuilding the playground was identifying what the users wanted. The Recreation Division staff and volunteers (Christine Parks, Frank Driscoll, Karen Mungenast and Kathy Kinney) visited each of the 5 elementary schools on Fridays in March and early-April. At each school we were met with similar excitement and what can only be described as electricity from the student body. Their comments and interest lead me to believe that this playground is something they have been waiting for. At each school, the Recreation Division brought several slides of play options for equipment to get a general idea of preference from the kids. We included in the choices the equipment that is currently our standard here in Reading and equipment they had never seen before (Robinson-Caruso Theme). We also included other play equipment options to get a feel for preferences on items such as: • High slides versus low slides • Climbing rock walls versus climbing jungle gyms • Strength building areas • Other complimentary equipment (Rockers, sea saws, sandboxes etc.) And the winners are... This process has given a good general direction of what we believe the kids will be looking for in a playground. Here are some of the results: j 11~r This strength building area was voted on by 2❑d - 5`" grade t I students and took approximately 66% of the votes. ,ate i r. The above photos are the play structures that our students had never seen before. Although not one of them had more than 32% percent of the vote, the three structures totaled 88% of the vote versus the standard equipment receiving the remaining 12%. Owlet No slide had more votes than the double spiral slide with 63% total. No other slide had more than 17%. These results suggest that taller slides that alter direction are most popular. Probably the closet vote was the race between climbing structures. The two options were a rock wall similar to the one presently located at Birch Meadow School or a jungle-gym type challenge course. The rock wall won slightly 55% to 45% split. However, it should be noted that the Birch Meadow School was the only school that favored the jungle-gym over the rock wall. -w. The swinging carousel was the most popular play element. It received 45% of the vote. No other element got more than 30% share of the vote. LA ry "r ~~nners 7" The next choice the kids made was for some miscellaneous play options. This included elements that related to theater arts, music, a construction digger, and teeter totter equipment. The kids were asked to pick 2 of the 5 choices. The 4-way Blaster teeter totter (above left) was the clear winner with a vote of 41% followed by the 2-way teeter totter (above right) which received 26% of the vote. Teeter totters in general received close to 70% of the vote, making it a must for this playground. The music and theater area totaled a disappointing 18%. Interestingly swing sets were out voted by a tire-swing and balance beam. The former IS playground featured a great tyre swing area and there is no other in Town. Although, the playground will feature swings for all ages, it was° interesting that the tire-swing was so popular. For miscellaneous equipment, the kids were given a cartoon character rider, inch-worm balance beam and two types of sand box areas. The inch-worin got the most votes; however, the total for the two types of sandboxes was 50%. We believe that if only one sandbox were offered this might have received the most votes. e ;nnrpp Th V1 c,®so second Finally, the last question asked to the student population of the elementary schools was "do they want a skate park in Reading?" The result was a vote of 68% to 32% in favor. Interestingly, some students said no because they felt that older kids might hang out there and take over there playground as well. That seemed to be an overriding theme throughout the school. I' VV~I` V ! General Recommendations for the kids ! Based on the feedback received from the elementary schools, it is safe to assume that they would like a destination playground (not just some play equipment). In general they liked tall structures, with tall, winding slides, climbing elements where they can hang out with undefined routes. The overall choice for equipment pointed toward those elements in which multiple people could use them at the same time. Items such as the dual slide, carousel swing, teeter totter, sandboxes and tyre swing are examples of collaborative play. Seems they would like a skate park, but not if it meant having to share it with older participants. Where do we go from here? The Recreation Division will be working on. a survey that will be geared toward middle school students and a separate survey for parents to give some feedback. Once completed, a concept plan and design will be put together. The Recreation Division will also be working on getting a cost estimate for the completion of this project. The cost will certainly eclipse the "seed money" in the FY2011 capital plan. The Board of Selectmen, through perhaps the Recreation Committee, will need to appoint a committee of citizens to get the public charged up for this project. Fundraising will be essential to make this new playground a reality. ds PROP ED IMPROVEME AGINATION STA N SH DE COVER REVISIO BAPANCE B 7~ J s & Et Gil H APEA FI, EXIST. ~t BIT CON / TILITY P TH EMA N, ~ S 1s`&v ~ \W W W =r OT e1S0 S.NING AREA 2 BAYS ~ cu Q- Fya / wl 4 SWINGS/'. Y' / 4 m OP. Ii W AY p4A DEN SANDBOX` rOwC. CHAR / W/ DIGGER SKATE- PARK PARK INSTALL 1 BIT. CONC. SIDEWALK AT EXIST. DRIVEWAY OPENING ` THEATER/ MUSIC AREA° RENDERING DONE BY TRAFFIC' TOWN OF READING DUMMY , , ENGINEERING DIVISION PROP. FUTURE LOCATION OF BIT CONC. UTILITY PATH MAR. 6, 2009 SCALE : 1" = 40' PENDING BALL FIELD IMPROVEMENTS P DE COVER VEMENTS 3 SHF. PROPOSED IM MAGINATI TATION , ' REVISION. 3 AAA qCE BALL o Vf EP 1 H A PEA FIELD 3 > EXIST. BIT. CONT. TILTTY P H L, EMAI ^ P % I CD i r h v~ \ , / OGA -OT SWING AREA \ O~ 2 BAYS Q " w/ 4 SWINGS. 00 O z OP. W AY 12~SANDBOX / p TG ROP. OC DEN GATE W w. CHAIN SKATE RE-LOCATE 6' PARK BIT. CONC. SIDEWALK EATER/ MUS AREA . s~ RAFFIC_`` } S vh D MY :~-f., It • RENDERING DONE BY ' - - TOWN OF READING PROPOSED PARALLEL KING ENGINEERING DIVISION 12 SPACES PROP. FUTURE LOCATION OF BIT CONC. UTILITY PATH MAR. 6, 2009 SCALE : 1" = 40' REV: MAY 15, 2009 PENDING BALL FIELD IMPROVEMENTS (PROPOSEDIMPROVEME NT AGINATION STATII N REVISIO SHI;~ E CO ER wil AhA VCE B r & t~ GTH AOEA FI EL l~! > EXIST. . " % BIT. CON'"'. / TILITY P TH j -i EMA % co i OT G~_f e''A C, SWING AREA. ? say's 441. w/ 4 SWINGS `r p~ \ j o OP. / W WOC DEN SANDBOX w,' CHAD wl DIGGER ~f SKATE INSTALL PARK 5' BIT. CONC. SIDEWALK THEATER 4 Q ,i W/ BIT. BERM CURBING MUSIC AREA 7y A REVISION MAY 15, 2009 REMOVE 2" TREE q FS RENDERING DONE BY TRAFFIC - TOWN OF READING DUMMY r z. JS / h` ~TM ENGINEERING DIVISION PROP. ANGLED PARKING PROP. FUTURE LOCATION 9'x 18' (TYP.) OF BIT CONC. UTILITY PATH Y t.rts MAR. 6, 2009 SCALE : 1" = 40' PENDING BALL FIELD IMPROVEMENTS r TO: Board of Selectmen From: Peter 1. Hechenblelkner, Town Manager Date: Friday, May 15, 2009 Re: DRAFT Youth Liaison to Board of Selectmen With a successful year behind us in having a youth liaison to the Board of Selectmen, it would be helpful to evaluate what we have done, and perhaps establish some structure to the process going forward. Structure will help the Board of Selectmen as well as the youth liaison. Appointment Process • Length of term - 1 academic year (in the event of 2 outstanding candidates, the year may be split on January 1 between 2 individuals) • Term begins September 1, ends May 31 • Preference is for a. HS Junior, so that there may be some continuity in the position, and in consideration of student workload increasing in the Senior year • "Nominations" by student (self nominated), other students, teacher(s), Principal, School Administration, community, Board of Selectmen. • Selection by a committee made up of the Chairman of the Board of Selectmen or designee from the Board of Selectmen, Superintendent of Schools, and RMHS Principal Role of Youth Liaison • Attend on average 1 Board of Selectmen meeting per month - to be determined by Chairman of the Board of Selectmen based on agenda • The Board of Selectmen will try to set the agenda with the attendance of the youth liaison in mind, and trying to make it convenient for the youth liaison to leave the meeting at 9 PM • The youth liaison will be welcome to attend and fully participate in all activities of the Board of Selectmen except for voting, and the youth liaison will not attend Executive Sessions of the Board of Selectmen. • The student liaison will be provided a full packet (except for Executive Session material) ahead of the meeting, and the student liaison will be expected to read the packet ahead of the meeting in order to be fully prepared for the meeting. • The youth liaison is welcome to give a liaison report along with the other members of the Board of Selectmen, but is not required to do so. It will be helpful for the youth liaison to let the Chairmen of the Board of Selectmen know in advance if they will be making a report • The outgoing youth liaison will, where possible, provide some level of orientation to the incoming youth liaison annually • The youth liaison role is not to answer questions about School matters, or to report on School Department matters. 0 Page 1 ~ 9---' " Board of Selectmen Meeting - March 31, 2009 - Page 5 Ted McIntire indicated that he recommends setting the water rate at $7.73 per 100 cubic feet; $8.02 per 10 cubic feet for sewer and 436.88 per unit for storm water rates. A motion by Bonazoli seconded by Tafova to close the hearinLy on settine the water, sewer and storm water rates for FY 2010 was approved by a vote of 5-0-0. A motion by Bonazoli seconded by Tafova to set the FY 2010 Water Rate at $7.73 per 100 cubic feet with a minimum quarterly bill of $15.46, effective with the September 10, 2009 billine. was approved by a vote of 5-0-0. A motion by Bonazoli seconded by Tafova to set the FY 2010 Sewer Rate at $8.02 per 100 cubic feet with a minimum quarterly bill of $16.04, effective with the September 10, 2009 billinLy, was approved by a vote of 5-0-0. A motion by Bonazoli seconded by Tafova to set the Storm water Rate at $36.88 per unit (2,552 souare feet) per vear to be billed quarterly was approved by a vote of 5-0-0. Club Licensing - The Town Manager noted that the issue came up as to why restaurants close at midnight and clubs at 2:00 a.m. He also noted that he spoke with Bob Morelli from the Meadow Brook Golf Club, and he has no problem with closing at midnight. Terry Cafazo, Steve Kintigos, Jason Emelius and Bob Hunt from the Knights of Columbus were present. Chairman Stephen Goldy indicated that the new liquor policy states that restaurants sell until midnight, clear the tables by 12:30 a.m. and close at 1:00 a.m. Ms. Cafazo noted that the Knights of Columbus has held a liquor license for over 40 years and has never had any problems. She indicated that they police themselves, and the club is for members and guests only. They have 220 members. She also noted that a public restaurant is motivated by profit but the Knights of Columbus doesn't make a profit, and there is a big distinction. Vice Chairman Ben Tafoya asked what are the hours of operation, and Mr. Kintigos indicated 3:30 p.m. to 11:00 p.m. on the weekends but if there are still members there at 11:00 p.m., then the bartenders stay longer. They are open 3:30 p.m. to 9:00 p.m. during the week. Mr. Emelius noted that they provide a service and a lot of the membership works second shift. Vice Chairman Ben Tafoya asked if they rent out the facility, and Ms. Cafazo indicated that they rent out the function hall but only members are allowed in the lounge. When the public use the function hall, they close at midnight. Board of Selectmen Meetinu - March 31. 2009 - Pase 6 Selectman Richard Schubert noted that there is a distinction between the "for profit" restaurants and members only clubs. He asked if all clubs were the same. The Town Manager noted that there are four clubs in Town - two Veterans, the Knights of Columbus and Meadow Brook Golf Club. He also noted that the two Veterans clubs could get Veterans' Licenses which is different. Selectman James Bonazoli noted that he was the most vocal about the closing hours. He feels that it is an equity issue. His main concern is that when a business closes at midnight, then the person can go to the club. He's looking for a way to curb alcohol abuse. Mr. Emelius noted that public establishments cater to anyone 21 years or older. The average age of a Knights of Columbus member is 63 years old so we're not matching apples to apples. Ms. Cafazo indicated that they want to continue to have the right to stay open until 2:00 a.m. She noted that if there is nobody there at 11:00 p.m., then the bartenders go home. The Town Manager noted that the Selectmen could put in the policy that everyone must be out by 2:00 a.m. Vice Chairman Ben Tafoya suggested sending out a survey asking for the number of members, their policy on closing, the hours and also the function room hours. Chairman Stephen Goldy noted that he had concerns about the closing procedures for clubs, and requested that the Town Manager draft changes on orderly closing. Discuss Matte a Cabin - The Town Manager noted that he, Selectmen James Bonazoli and Camille Anthony toured the cabin. The floors need to be replaced due to water damage from a broken pipe, and the furnace also needs to be replaced. The Northeast Metropolitan Regional Vocational School is doing measured drawings. They will get back to us with a price for the supplies. They may be able to do some work this Spring. They cannot do plumbing work. Selectman Camille Anthony asked for a timeline on the project. Selectman James Bonazoli talked about programming. He thinks that the Boy Scouts and Cub Scouts would like to hold programs there. He noted that REI might want to hold a biking clinic there. The Town Manager noted that biking is not allowed on conservation land. Anuroval of Minutes A motion by Tafova seconded by Anthonv to approve the Minutes of Februarv 24, 2009 was approved by a vote of 5-0-0. A motion by Anthonv seconded by Tafova to adjourn the meetine of March 31, 2009 at 10:30 p.m. was approved by a vote of 5-0-0. Respectfully submitted, Secretary v ARTICLE 3 - LICENSES Section 3.2 - Liquor License Policv This policy shall apply to all premises licensed for the sale and/or consumption of alcoholic beverages and the issuance of all Special Licenses by the Licensing Authority (Board of Selectmen) pursuant to its authority as the Licensing Authority of the Town of Reading as determined by the Reading Home Rule Charter, Town of Reading Bylaws, and the laws, rules and regulations of the Commonwealth of Massachusetts. The following chart indicates which portion of these regulations applies to which type of license: Cateeorv Retail Package Goods Store License for All Kinds of Alcoholic Beverages not to be Drunk on the Premises Restaurant License to Expose, Keep for Sale, and to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises (100 or more seats) Restaurant License to Expose, Keep for Sale; and to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises (less than 100 seats) Restaurant License to Expose, Keep for Sale, and to Sell Wine and Malt Beverages to be Drunk on the Premises (less than 100 seats) Club License to Expose, Keep for Sale, and to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises Special Licenses 3.2.1 3.2.2 3.2.3 3.2.4 3.2.5 3.2.6 X X X X X X X X X X Amendments - Changes to this policy may be made by majority vote of the Board of Selectmen.and shall be discussed at a public meeting. Notice of any change in policy shall be made to all licensees in a timely manner. 3.2.7 X X X X 3 -1 Board of Selectmen Policies 3.2.1- General Requirements for All Licensed Establishments 3.2.1.1- Plan Required A plan of the building and a detailed floor plan of the licensed premises including the capacity of a restaurant and parking facilities shall be on file with the Licensing Authority. No alterations shall be permitted to the premises without approval in advance from the Licensing Authority. 3.2.1.2 - Deliveries Deliveries to licensed establishments shall be made only during business hours and shall be made in a manner so as not to disrupt neighbors or interfere with traffic or parking. 3.2.1.3 - Inspection The licensed premises shall be subject to inspection by the Police, the Licensing Authority, and other duly authorized agents of the Licensing Authority. Any hindrance or delay of such inspection caused by an employee of the licensee shall be cause for action against the license. 3.2.1.4 - Advertisements No advertising matter, screen, curtain or other obstruction, which prevents a clear view of the interior of the premises, shall be maintained in or on any window or door. 3.2.1.5 - Automatic Amusement Devices No establishment licensed for the on-premises or off-premises sale or consumption of alcohol shall permit the use of any automatic amusement device or electronic game as defined by M.G.L. Chapter 140, Section 177A unless specifically licensed to do so by the Board of Selectmen. 3.2.1.6 - Dutv to Perform An applicant for a license to sell liquor on or off premises shall within 45 days of the issuance of such license commence construction of the licensed premises which shall be fully operational within 120 days of the issuance of such license, unless otherwise approved by the Licensing: Authority. Thereafter, the licensee will continuously operate the premises in accordance with the terms and conditions of the license. The closing of the licensed establishment for seven consecutive calendar days or for more than 20 regular business calendar days during a calendar year shall be deemed to be abandonment of the license and sufficient grounds for revocation, unless prior approval is granted by the Licensing Authority. Such revocation shall only be done following a public hearing. Upon application by the licensee, the Licensing Authority may waive this abandonment provision in the event of major renovation, destruction by fire or flood or other similar circumstance. 3.2.1.7 - Establishment of Written Policies Licensees shall establish written policies regarding the sale or service of alcoholic beverages based upon the requirements of the regulations of the Alcoholic Beverages Control Commission, these regulations, and any other conditions placed on the license. J 3-2 Board of Selectmen Policies 3.2.1.8 - Alcohol Policv for Staff While Serving No Manager, Alternate Manager or employee shall consume any alcoholic beverages while on duty. No Manager, Alternate Manager or employee shall consume any alcoholic beverages after the official closing hour per MGL, Chapter 138, Section 12. and Section 15. 3.2.1.9 - Alcohol Manaunient or Server Training Licensees, Managers and principal representatives of licensed establishments are required to successfully complete an alcohol management or server training course (depending on the type of license) approved by the Liquor Liability Joint Underwriting Association of Massachusetts at the time of issuance of the license. Servers of alcoholic beverages shall be required to successfully complete a server training course approved by the Hospitality Mutual Insurance Company (or any training course reviewed by and approved by the Licensing Authority) within three (3) months of becoming employed in a position where they are serving alcohol to customers. There must be a certified employee on the premises at all tunes. All persons required to successfully complete an alcohol management or server training course must be successfully retrained prior, to the end of the certification period. The licensee shall certify annually to the Licensing Authority at the time of renewal of the license that the licensee, Manager, and all employees meet this requirement. Certificates shall be kept on file and available for inspection upon request 3.2.1.10 - Liquor Liability Insurance Requirement . Licensees are required to have, or otherwise provide, liquor liability insurance in the minimum amount determined from time to time by the Licensing Authority. This requirement is applicable regardless of whether the licensee rents, or otherwise provides the licensed premises to a.third party. Limited exceptions to this requirement may be granted by the Licensing Authority for reasons of hardship or upon adequate proof of inability to obtain the required insurance. There is no right to an exception, and the Licensing Authority is not required to grant such an exception. Licensees shall provide the Board of Selectmen with a copy of the Certificate of Insurance upon the issuance or renewal of a license. 3.2.1.11- Staffins Licensees shall maintain an adequate ratio of staff to patrons in order to properly monitor beverage sales and consumption. 3.2.1.12 - Supervision - Presence The licensee, a Manager or principal representative of the licensee shall be present in the licensed premises at all times during which alcoholic beverages are being sold pursuant to the license, and shall be available to the licensing authorities and its agents during all such times unless some other person, similarly qualified, authorized and satisfactory to the Licensing Authority, and of whose authority to act in place of such Manager or principal representative J 3 -3 Board of Selectmen Policies shall first have been approved by the Licensing Authority in the manner aforesaid is present in the premises, and is acting in the place of such Manager or principal representative. 3.2.1.13 - Dutv to Keep Order No licensee for sale of alcoholic beverages shall permit any disorder, disturbance or illegality of any kind to take place in or on the licensed premises. The licensee shall be responsible therefore whether present or not. There shall be no indecent or immoral entertainment on the licensed premises. 3.2.1.14 - Proof of ALYe The Licensee, Manager, principal representative, bartender and waitress/waiter shall refuse to serve any patron under the age of twenty-one (21). When in doubt of age, they shall require the showing of an identification card or license in accordance with Chapter 138, Section 34B of the General Laws. 3.2.1.15 - Minimum Ate of Emplovee or Server No employee of any licensed establishment who is serving, clearing or otherwise handling alcoholic beverages shall be under the age of 18. 3.2.1.16 - Prohibition of Bringing Alcoholic Beverages onto the Premises There shall be no alcoholic beverages brought onto the premises of a licensed establishment except for deliveries for the operation of the business as controlled by the laws, rules and regulations of the Commonwealth of Massachusetts. 3.2.1.17 - Information Regarding the Alleged Service of Alcohol Prior to Violation for Drivins Under the Influence of Intoxicating Liquors Upon the receipt of a letter from the Office of the Attorney General or the Middlesex District Attorney's Office pursuant to G.L. c. 90, Sec. 24J or any other statute, or any other notice regarding the alleged service or sale of alcohol to an individual who is subsequently convicted or pleads guilty to a violation of driving under the influence of intoxicating liquors, or enters a disposition under Section 24D of Chapter 90, the Licensing Authority: o Shall forward a copy of the letter to the licensee cited, along with a copy of these rules and regulations. 4 May request that the licensee appear before the Licensing Authority to respond to the allegation. Upon the receipt of two or more letters in a two-year period, the licensee shall be required to appear before the Licensing Authority to respond to the allegations. Any disciplinary action taken by the Licensing Authority shall be taken in accordance with the provisions of the Reading Liquor Policy, the Massachusetts General Laws, and Rules and Regulations of the Alcoholic Beverages Control Commission. Neither a letter from the Office of the Attorney General or the Middlesex District Attorney's Office, nor the original letter from the court to these law enforcement agencies shall, by itself, constitute sufficient evidence so as to allow for a finding that a licensee has committed a violation. 1/11 3-4 Board of Selectmen Policies 3.2.1.18 = Dutv to Report an Attempt to Purchase by a Minor The licensee shall be required to report to the Reading Police Department any time a person attempts to purchase alcohol while being underage, or attempts to use an altered or forged identification for the purpose of purchasing alcohol. Furthermore, the licensee shall immediately report to the Reading Police Department any time they suspect an adult is purchasing alcohol for a minor. These infractions must be reported even when the incident takes place off premises, such as for home deliveries. Licensees shall make all reasonable and diligent efforts to report any illegality on the licensed premises. 3.2.1.19 - Liauor License Fees The following fees are established for each calendar year for the categories of license available in the Town of Reading: Cateizorv 2007 2008 2009 2010 Retail Package Goods Store License for All Kinds of Alcoholic Beverages not to be Drunk on the Premises Restaurant License to Expose, Keep for Sale, and to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises (100 or more seats) Restaurant License to Expose, Keep for Sale, and to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises (less than 100 seats) Restaurant License to Expose, Keep for Sale, and to Sell Wine and Malt Beverages to be Drunk on the Premises (less than 100 seats) Club License to Expose, Keep for Sale, and to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises $2000 $2100 $2200 $2300 $3200 $3300 $3400 $3500 $3000 $3050 $2400 $2400 $2450 $2500 $1000 $1000 $1050 $1100 3.2.1.20 - Hours of Operation The following shall be the hours of operation for premises licensed for sale and/or service of alcoholic beverages by the Town of Reading: Category Hours of Operation Exceptions Retail Package Goods Store 8:00 a.m. to 11:00 p.m., except 8:00 See Sunday Sales in License for All Kinds of a.m. to 11:30 p.m. the day before a Section 3.2.1.21 below Alcoholic Beverages not to be holiday Drunk on the Premises 3-5 Board of Selectmen Policies Restaurant License to Expose, Keep for Sale, and to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises (100 or more seats) Restaurant License to Expose, Keep for Sale, and to Sell Wine and Malt Beverages to be Drunk on the Premises (less than 100 seats) Restaurant License to Expose, Keep for Sale, and to Sell Wine and Malt Beverages to be Drunk on the Premises (less than 100 seats) Club License to Expose, Keep for Sale, and to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises 11:00 a.m. to 12:00 midnight Monday through Saturday, and 12:00 noon to 12:00 midnight on Sundays 11:00 a.m. to 11:00 p.m. Monday through Saturday, and 12:00 noon to 11:00 on Sunday 11:00 a.m. to 11:00 p.m. Monday through Saturday, and 12:00 noon to 11:00 on Sunday 8:00 a.m. to 2:00 a.m. except on Sundays and legal holidays when the hours are 12:00 noon to 1:00 a.m. 3.2.1.21- Sundyv Sales for Package Stores Sunday sales for Package Stores are permitted, pursuant to M.G.L. c. 138, §15, subject to the following conditions: ♦ No sales may be made prior to noon on Sunday; ® No sales may be made after 11:00 p.m. on Sunday, except that no sales may be made after 11:30 p.m. on a Sunday that immediately precedes a legal holiday; ♦ Employees must be paid for working on Sunday at a rate not less than 1 %2 of the employees' regular rate; ♦ No employee may be required to work on a Sunday; refusal to work on a Sunday is not grounds for discrimination, dismissal, discharge, deduction of hours or any other penalty; ♦ If a Section 15 licensee intends to close one day per week except Sundays, such licensee must notify the Licensing Authority of such licensee's intended hours of operation. 3.2.1.22 - Breech of Policv or Conditions For breach of any of the requirements, restrictions or conditions of this policy of license, the Licensing Authority reserves the power and right to modify, suspend, revoke or cancel the license in accordance with the law. 3-6 Board of Selectmen Policies 3.2.2 -Requirements for All: ♦ Restaurant License to Expose, Keep for Sale, and to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises (100 seats or more), and ♦ Restaurant License to Expose, Keep for Sale, and to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises (less than 100 seats), and ♦ Restaurant License to Expose, Keep for Sale, and to Sell Wine and Malt Beverages to be Drunk on the Premises (less than 100 seats) All licensees for the service of alcohol, whether the holder of ♦ Restaurant License - All Kinds of Alcoholic Beverages (100 or more seats) 0 Restaurant License - All Kinds of Alcoholic Beverages (less than 100 seats) ♦ Restaurant License - Wine and Malt Beverages (less than 100 seats) shall, in addition to Section 3.2.1 of this policy, adhere to the following policies: 3.2.2.1- Advertisement No premises shall be licensed that contain any advertisement or sign upon which appears the brand name of any product sold in the establishment including wine or beer, except that signs or advertisements inside of the premises that cannot be seen from the exterior of the premises are permitted 3.2.2.2 - Requirements for Service of Food and Drink In licensed premises, all food and drink service shall conform to the following: ♦ Food shall be served on china, pottery or other solid dinnerware and shall use metal silverware. No plastic or paper dinnerware or silverware is permitted. An establishment that has a separate and distinct take-out area may be licensed for the sale of beer and wine on the premises. ♦ Alcohol must be served in glass or pottery containers only. No paper, plastic or other containers will be used for service. Pitchers or carafes of beer or wine with a capacity of 750 ml or less will be permitted. 3.2.2.3 - Toilet Facilities Required No premises shall be licensed unless toilet facilities meeting all requirements of the current edition of the State Building Code and State Sanitary Code are available to the customers of the license premises. 3.2.2.4 - List of Alternative Transportation Licensees shall maintain a written list of the telephone numbers of local taxicab companies next to the public telephone. If there is no public telephone, the list should be available for patrons when requested.. 3.2.2.5 - Orderlv Closing w Licensees shall ensure that patrons leave the premises in an orderly manner within the time limits established below 1 3-7 Board of Selectmen Policies There shall be no sale of alcoholic beverages or food after the closing hour established in the table in Section 3.2.1.20. Sale shall be defined as delivery of alcoholic beverages or food to the customer. All tables and service locations shall be cleared of alcoholic beverages within '/Z hour after the closing hour as established in the table in Section 3.2.1.20. All customers shall be off the premises within 1 hour of the closing time as established in Section 3.2.1.20. 3.2.2.6 - Prohibition of taking Alcoholic Beverages from the Premises - Exceptions There shall be no alcoholic beverages taken from the premises of an establishment licensed under M.G.L. c.138, §12 except for deliveries for the operation of the business as controlled by the laws, rules and regulations of the Commonwealth of Massachusetts, and with the exception of partially consumed bottles of wine which are purchased with a meal and resealed in accordance with 204 CMR 2.18 of the Regulations of the Alcoholic Beverages Control Commission. 3.2.2.7 - Refusal of Service The Manager of any premises licensed under this policy shall refuse to serve any patron who is approaching a condition of "Under the Influence." 3.2.2.8 - Service of Alcoholic Beverages Limited to Hours that Food Services is Provided The hours during which sales of alcoholic beverages may be made in a licensed premise is further limited to the times when a full menu of food service is available. No alcoholic beverages may be sold or served in a licensed premise before food service is available, nor after the food service has been suspended. 3.2.2.9 - Service Bar In. the event that an area is designed as a "service bar," which is distinct from what is commonly referred to as a "bar," no liquor is to be served directly to the public at such service bar, and no stools or chairs are to be placed at said service bar. 3 -8 Board of Selectmen Policies 3.2.3 - Requirements for All: Restaurant License to Expose. Keen for Sale. and to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises (100 or more seats) All Restaurants licensed for the service of "All Kinds of Alcoholic Beverages" shall adhere to the following policies in addition to the provisions of Sections 3.3.1 and 3.3.2 of this policy: 3.2.3.1 - Minimum Seating Requirement A license shall not be granted for an establishment having a seating capacity of less than one hundred (100) persons. No more than 15% of the seats shall be at a bar. 3-9 Board of Selectmen Policies 3.2.4 - Requirements for: Restaurant License to Expose. Keen for Sale. and to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises (less than 100 seats) and Restaurant License to Expose. Keep for Sale. and to Sell Wine and Malt Beverages to be Drunk on the Premises (less than 100 seats) All Restaurants Licensed to Expose, Keep for Sale, and to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises (less than 100 seats), and Restaurants Licensed to Expose, Keep for Sale, and to Sell Wine and Malt Beverages to be Drunk on the Premises (less than 100 seats) Res~ee-ea-fowl}e sen iee-of "Witie and M t Beverages to be DFaPJ- on the Premises" shall adhere to the following policies in addition to the provisions of Sections 3.2.1 and 3.2.2 of this policy: 3.2.4.1- Purpose and Intent Pur-s ant to a A Home Rule petition by the Town of Reading, approved by the General Court of the Commonwealth of Massachusetts authorized the Town of Reading to issue a limited number (currently 5) of Beer and Wine licenses to restaurant establishments with fewer than 100 seats; and a Home Rule petition by the Town of Reading, approved by the General Court of the Commonwealth of Massachusetts authorized the Town of Reading to allow for All Alcoholic service within the above noted establishments with fewer than 100 seats. This legislative action was confirmed by the voters of the Town in the Election of March 24, 1998, and April 7, 2009 respectively.. This policy is established pursuant to those votes. The intent of this policy is to encourage the development and retention of smaller specialty restaurants in the Downtown area of Reading in order to enhance the economic vitality of the Downtown area. It is recognized that the serving of beer and wine in a restaurant is part of the customers' dining experience. 3.2.4.2 - Maximum Seats A restaurant holding a "Wine and Malt Beverage" license shall have seating for less than 100 customers, and the Licensing Authority may allow all alcoholic service to any or all of the S restaurants with less than 100 seats. All seats shall be at tables there shall be no seating at a bar. 3.2.4.3 - Service Bar Only a service bar is permitted. Its function is to serve to restaurant employees who serve the customers and can be used to serve drinks to those customers waiting to dine. There will be no seats at this bar. 3.2.4.4 - Seating Requirement There shall be no service of alcohol to anyone unless they are seated at a table. 3-10 Board of Selectmen Policies 3.2.5 - Requirements for Club License to Expose. Keep for Sale. and to Sell All Kinds of Alcoholic Beveraues to be Drunk on the Premises All Clubs licensed for the service of "All kinds of Alcoholic Beverages to be Drunk on the Premises" shall adhere to the following policies in addition to the provisions of Section 3.2.1 of this policy: 3.2.5.1- Minimum SeatinL Reauirement A license shall not be granted for an establishment having a seating capacity of less than one hundred (100) persons. No more than 15% of the seats shall be at a bar. 3.2.5.2 - Advertisements No premises shall be licensed that contain any advertisement or sign upon which appears the brand name of any product sold in the establishment including wine or beer, except that signs or advertisements inside of the premises that cannot be seen from the exterior of the premises are permitted. 3.2.5.3 - Requirements for Service of Food and Drink In licensed premises, all food and drink service shall conform to the following: Plastic glasses are permitted. Service will be by the glass or bottle, or glass or pottery pitchers or carafes of beer or wine with a capacity of 750 ml or less will be permitted. 3.2.5.4 - Toilet Facilities Required No premises shall be licensed unless toilet facilities meeting all requirements of the current edition of the State Building Code and State Sanitary Code are available to the customers of the license premises, 3.2.5.5 - List of Alternative Transportation Licensees shall maintain a written list of the telephone numbers of local taxicab companies next to the public telephone. If there is no public telephone, the list should be available for patrons when requested. 3.2.5.6 - Orderlv Closing Lisenss€co sW.l ensufe that patrons leave the premises at the elosing houf in an ofder4y v" thi after- th@ l0g l time for- sale. Licensees shall ensure that patrons leave the premises in an orderly manner within the time limits established below • There shall be no sale of alcoholic beverages or food for 30 minutes before the closing hour established in section 3.2.1.20. Sale shall be defined as delivery of alcoholic beverages or food to the customer. • All tables and service locations shall be cleared of alcoholic beverages not later than the closing hour established in Section 3.2.1.20. • All customers shall be off the premises not later than the closing hour established in Section 3.2.1.20. 3- 11 Board of Selectmen Policies 3.2.5.7 - Prohibition of taking Alcoholic Beverages from the Premises There shall be no alcoholic beverages taken from the premises of a licensed establishment. 3.2.5.8 - Refusal of Service The Manager of any premises licensed under this policy shall refuse to serve any patron who is approaching a condition of "Under the Influence." 3.2.5.9 - Service Bar In the event that an area is designed as a "service bar," which is distinct from what is commonly referred to as a "bar," no liquor is to be served to the public at such service bar, and no stools or chairs are to be placed at said service bar. JI~ 3-12 Board of Selectmen Policies 3.2.6 -Requirements for Special Licenses under Section 14 3.2.6.1 Special liquor licenses may be issued by the Town for commercial establishments or for non-profit organizations. 3.2.6.2 Holders of special licenses shall provide the liquor to the attendees of any event "bring your own liquor (or beer or wine)" will not be permitted. The license holder is required to comply with 204 CMR 4.00 (the prohibited practices requirements). License holders must purchase their alcohol from a licensed Massachusetts wholesaler, in compliance with M.G.L. Chapter 138, Section 14. Alcohol may not be purchased out of state, from a caterer, or from a Section 15 package store. The Town will provide to licensees a list of licensed Massachusetts wholesalers, or the method by which a licensee may obtain such a list. 3.2.6.3 Holders of special licenses shall provide a bartender and/or servers who are trained and authorized to make decisions regarding continued service of alcoholic beverages to attendees (reference 3.2.1.9). There shall be no self service of any alcoholic beverage at an event approved as a special license. 3.2.6.4 Applicants for special licenses shall provide proof of insurance to the Licensing Authority with the application for the one day license. 3.2.6.5 - Limitations A person or entity may only be issued a maximum of 30 Special Licenses in any calendar year. 3.2.6.6 - Exceptions: In the case of events held by private residents, outside of their private residence, the Licensing Authority shall not require a special license where: (1) the event is by invitation only, (2) money is not exchanged for alcohol, (3) tickets are not sold, (4) a donation is not required or solicited, or (5) an entrance fee is not charged. } 3-13 Board of Selectmen Policies 3.2.7 - Enforcement 3.2.7.1 Licensees violating applicable laws of the Commonwealth of Massachusetts, rules or regulations of the Alcoholic Beverage Control Commission, and/or of the Town of Reading Liquor Policies shall be subject to the following range of penalties: Offense Penaltv 1" Offense ~ Warning to three days suspension 2°" Offense ! Three days to six days suspension 3"' Offense Six days to 12 days suspension + 4" Offense ~ Show cause hearing for license revocation The term "Offense" is defined as one violation of Massachusetts General Law, Chapter 138, and/or one violation of the Massachusetts Alcoholic Beverage Control Commission Rules and Regulations 204CMR, and/or Town of Reading local licensing regulations and any other law or regulation of the Town of Reading. Examples of criteria to invoke penalties are based on the following: • Severity and type of offense Number of prior offenses The penalties are only a guide. The Licensing Authority may use its discretion in determining whether the facts surrounding a violation warrant a penalty which is more lenient or sever than that suggested by the guidelines. The penalties shall not be construed as to limit the Licensing Authority's ability to consider alternative dispositions or further conditions on a license, or even alternative penalties (e.g. rolling back of the licensees operating hours, suspension of the licensee's common victuallers license, and/or suspending the licensee's entertainment license.) 3.2.7.2 - Access to Premises by Police and Agents It shall be the responsibility of the licensee to ensure that procedures are in place, by posting a doorman or otherwise, to allow Police and authorized agents of the licensing Authority immediate entrance into the premises at any time employees are on the premises. Any delay in providing such access shall be cause for action against the license. 3.2.7.3 - Posting of Notice Whenever the Licensing Authority warns a licensee or suspends the license or licenses of any licensee, the Licensing Authority shall provide the licensee with a sign containing the words "Closed by order of the Licensing Authority for the Town of Reading," or "warning issued by the Licensing Authority of the Town of Reading" and stating the reason for the warning or suspension. This sign shall be attached by the licensee on the inside of a window in a location 3-14 Board of Selectmen Policies designated by the Licensing Authority which location shall be visible from the outside of the licensed premises in a conspicuous place during the entire period of such warning or suspension. 3.2.7.4 - Agents of the LicensinLy Authority The Licensing Authority hereby appoint the Chief of Police and the Police Department Lieutenants and Sergeants as agents of the Licensing Authority to insure that the policies of the Licensing Authority and the Massachusetts State Laws regarding Alcoholic Beverage Licensing are adhered to by all licensees. 3.2.7.5 - Compliance Ouerations The Licensing Authority shall. from time to time review with the Police Chief guidelines for compliance operations by the Police Department. The Licensing Authority hereby assigns the responsibility of conducting annual inspections of liquor license holders to the Town Manager. These inspections will serve the purpose of reviewing and checking compliance with the Licensing Authority's liquor policies. Revised 2-10-09: Revised-- -09 I,- 3-15 Board of Selectmen Policies ANNUAL TOWN MEETING May 4, 2009 ARTICLE 3 - On Instructional motion by Jeffrey W. Struble, Precinct 7, it was moved that the Board of Selectmen be directed to conduct a comprehensive condition and needs assessment of the service building currently in use at the Laurel Hill Cemetery for the purpose of reporting to the Subsequent Town Meeting in November 2009 on the need to repair or replace it and on the options that can be pursued to preserve its function and value to the Town of Reading in a cost- effective manner. This assessment shall be conducted with the participation of the Department of Public Works and the Board of Cemetery Trustees and with any other Town agencies and personnel and volunteers from the community deemed valuable to the Selectmen in fulfilling the objective of this motion." Motion carried. A true copy. Attest: Julia A. Rodger Interim Town Clerk ~~9 Number: 2009-5 Fee: $50.00 This is to certify that the AUSTIN PREPARATORY SCHOOL, 101 WILLOW STREET, READING, MASS. THE ABOVE NAMED NON-PROFIT CORPORATION IS HEREBY GRANTED A SPECIAL ONE-DAY LICENSE FOR THE SALE OF ALL ALCOHOLIC BEVERAGES TO BE SERVED ON THE PREMISES AT A FUNCTION TO BE HELD ON THURSDAY, MAY 14, 2009 BETWEEN THE HOURS OF 6:30 P.M. TO 10:30 P.M. l 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 and expires at 1_0:30 p.m., May 14, 2009, unless sus ded or rev ed. 'Ne LI/ h • ! 44) Date Issued: May 12, 2009 60, TOWN OF READING T E C M H OMMONWEALTH OF ASSACHUSETTS - EXECUTIVE OFFICE OF TRANSPORTATION MASSACHUSETTS HIGHWAY DEPARTMENT vc J DEVAL L. PATRICK GOVERNOR I~' PAY,,- I AM 11, 2o t (.LIJI JAMES A. ALOISI JR. SECRETARY TIMOTIIY P. MURRAY LUISA PAIEWONSKY LIEUTENANT GOVERNOR COMMISSIONER Town Manager Peter I. Hechenbleikner April 22, 2009 Town Hall, 16 Lowell Street Reading MA 01867 Re: Lexington to Reading - (Guide & Traffic Sign Replacement on a Section of I-95 (ARRA project) Federal Aid Project # ERP-001S(931)X Project File #605018 Dear Manager Hechenbleikner: I am pleased to inform you that the construction bid documents for the Guide & Traffic Sign Replacement on a Section of I-95 in your community has been completed and bids were solicited on April 14, 2009. The Mass Highway Department is currently in the -process of certifying the low bidder Liddell Brothers Inc. In general;. ,the project 4s located on Interstate Route 95 from Station 210+00 in Lexington to Station 40+00 in Reading inncluding'; alt' `ramps to and from I-95 and secondary roadway at all the interchanges, excluding the mainlinesigns "for I-95 located on Interstate Route 93 (I-93). The project is expected to complete within 730.,Calendar Days from receipt of the Notice to Proceed. The bid package, including the construction plans and specifications are available for review at the District office. I encourage you to take advantage of this opportunity to reacquaint yourself with the project and ask that you share this invitation with the community's emergency services divisions and any other local officials or departments who may have an interest in the matter. If you would like to view this information, please contact Mark Kratman, Assistant District Operations Engineer, at (781) 641-8469 or at.Mark.Kratman(&mbd.state.ma.us. You may also wish to visit www.mass.2ov/mhd/Droiectitifo for more information and updates. I look forward to working with you on this important transportation project. If you have any questions, please feel free to contact me. Since ly, Patricia, A. Lea ort , P. . District Highway. Director Geor e J. Zambouras P.E., Town Engineer, , X-C: geor, Edward D. "Ted" McIntire- Jr., 'Director'of Public'Works StephenrGoldy, Chairman Board of Selectmen - Honorable Richard R. Tisei, State Senator Honorable Bradley H. Jones, JR., State Representative DISTRICT 4 ° 519 APPLETON STREET, ARLINGTON, MA 02476 TELEPHONE: (781) 641-8300 • TELEFAX: (781) 646-5115 • WWW.MHD. STATE. MA. US bl C 9C f tiO -.h 4 , 4 t7^ aas d ag✓~e BOARD OF SELECTMEN (781) 231-4124 FAX (781) 231-4109 E-mail: Fvreed@saugus-ma.gov Onlint of TOWN HALL SAUGUS, MASSACHUSETTS 01906 Donald Wong, Chairman Stephen Casfinetti, Vice Chair Stephen Horlick Michael Kelleher Peter Rossetti, Jr. Peter Hechenbleikner Town Administrator 16 Lowell Street Reading, MA 01867 N Q r.s r.a May 11, 2009 - ' Dear Mr. Hechenbleikner, The Saugus Board of Selectmen met on May 5, 2009. The Board voted to send a letter to all communities that are served by the Northeast Metropolitan Regional Vocational High School and to all Saugus Town Meeting Members, that the Saugus Board of Selectmen are opposed to the vocational school budget and is not in favor of its passage. Thank you for your consideration in this matter. Since ely, endy L. Reed, Clerk Saugus Board of Selectmen cc: Town of Reading 16 Lowell Street. Reading, MA 61867-2685 /NCOR40~ FAX: (781).942-9071 Email: tow.nmanager@ci.reading.ma.us Website: www. readingma.gov May 13, 2009 Chew Yin Yee 71 Riverside Drive Reading, MA 01867 Dear Mr. Yee: TOWN MANAGER (781) 942-9043 It has come to our attention that you are utilizing a portion of Town owned property known as Washington Park, for a fence and lawn area for the property at 71 Riverside Drive. Town Counsel has researched the deeds and other documentation with regard to ownership of this property and it is clear that this part of Washington Park is under the ownership of the Town of Reading. Therefore, we must ask you to remove the encroachment on this portion of the Town owned property and restore it to a grass area. We also require you to cease and desist your use of this Town owned property and to remove any personal property that may be stored or maintained in or on this property. While we realize that the fencing and your use of a portion of the Town owned property for use at 71 Riverside Drive may not have been your doing, it is clear by observation that you are utilizing property which is not yours to use. We request that you provide a schedule for removal of the fence so that this is accomplished no later than July 1, 2009. This should provide you with a reasonable amount of time to accomplish this. Please contact me if you have any questions with regard to this matter. in rely,P P,ter I. Hechenbleikner Town Manager PIH/ps r cc: Recreation Commission Town Counsel It j 4, l J W~~~Li#a~inn "h if hmehv kuofuu fa all f4af-. t4r assar4ustffs Pouse of ~Zqr:esrufnfivrs offers ifs srurtrrsf roug afulafiv is fm Town of Reading in rvrvguYfYvn -of Receiving for the 241h time, the Massachusetts Tree City USA Communities, Tree Line USA Companies and Massachusetts Sustainable Community Forestry Award 9hr tufirr mrktt.C rrsht txteubs ifs vrrv hrsf ~Rishrs aub txyrrssrs f4P hayr for f4fure gu ab forfunr nub ranfl umb sixrrm'In A rubralaorsN Given f4is 8th bag of May 2009 '.f f e"ShIfe Pause, Pasfun, ussarhuseffs :O' ,Sytahrr of f4v Pause Offarb f rf1 r xes , r 4rf an e Yk~on 8 /-/C 6 o _S Schena, Paula From: Sent: To: Cc: Subject: Dear Fred: Reading - Selectmen Monday, May 04, 2009 9:37 AM Frederick Van Magness; Reading - Selectmen Kowalski, Carol; Schena, Paula RE: Home Goods Property - North Main Street 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 Town Manager has indicated that he will review this matter with staff to determine whether or not any local bylaws or other regulations apply to this situation, and he will let the Board of Selectmen and you know the results of that review. Thank you again for contacting the Board of Selectmen. James Bonazoli Secretary Reading Board of Selectmen 1/c Board of Selectmen -----Original Message----- From: Frederick Van Magness [mailto:vanmagness@verizon.net] Sent: Sunday, May 03, 2009 9:33 PM To: Reading - Selectmen; Hechenbleikner, Peter Subject: HomeGoods Property - North Main Street Dear Selectmen, After being away for a few days, I was astonished to arrive back in Reading and observe a large white tractor trailer unit parked at the HomeGoods site on North Main St. immediately across from the Mobil Gas Station. Apparently Goodwill Industries has moved a huge trailer unit onto the site and it is advertised as an Attendant Operated facility for drop off of donated items. About 3 months ago, I also noticed clothing boxes had been placed on the site for donations. While I support Goodwill Industries annually from a financial standpoint and have donated many things to their operation at their drop off sites in Wilmington and Saugus, the HomeGoods site is NOT an appropriate location. I really hate to complain because I am aware of the good work this organization does and how they are helping people in the tough times we are going through. And I am sure that whoever made the decision with Goodwill Industries in the first place to allow the use of this location was well intentioned in purpose and may not have considered all possible impacts. However, there is a place for everything and this is NOT the place. As the entrance way to my home on Franklin Street, I have tolerated HomeGoods storage trailers backed up to their loading facility day after day.... one trailer is removed and another arrives. These trailers are ugly and should not be there overnight but they are. i However, the major problem here is the "new" Goodwill Industries trailer as well as "new" white donation boxes and the apparent set-up for permanent operation with temporary stairway, etc. etc. Just this evening there are piles of plastic bags surrounding the outside of the smaller pick-up box. This is also unsightly and we have no idea what is being left here. We cannot let this site become an eyesore. Any trailer storage on site would appear to be in violation of their site occupancy permit as well as Reading By-Laws and zoning ordinances. I request immediate enforcement action be taken by the town to require the property owner or HomeGoods to remove both the trailer and the clothing deposit boxes. In my opinion, it is unacceptable to have them on this property and relocating to another portion of the property is also not appropriate. As the entrance way to a large residential neighborhood, these items just do not fit with the overall character of the neighborhood. I do not intend for this site to become a trailer storage facility or a drop-off recycling center for used goods. These items.... trailer and donation boxes that are not part of the permitted building must be removed promptly. Thank you for your timely attention and assistance in this matter. Frederick Van Magness Sr 243 Franklin St., Reading, MA 01867 Page 1 of 2 ,L/ C 3c) S. Schena, Paula From: Reading - Selectmen Sent: Monday, May 04, 2009 5:01 PM To: Bruce Mackenzie gm; Reading - Selectmen; Fink, Fran; Johnson, Cheryl Cc: Schena, Paula Subject: RE: Town meeting suggestion: energy conservation loans from MTBE / water enterprise fund Dear Bruce: 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 inciuded 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 Bruce The Town currently makes rebate payment for water conservation improvements- low flow toilets and low water (and energy) washing machines. We have a balance of about $200,000 in those rebate accounts, so we should be able to continue to operate them for awhile longer even without any additional funds. These are not loans - and the rebate pays for a fairly good portion of the cost of the improvements. I do not believe that the Town can make grants or loans for energy improvements. The RMLD can and does - so does the gas company. The RMLD for example makes rebates for low flow (and low energy consuming) washing machines - so if you buy one of those you can get a Town water rebate as well as an RMLD energy rebate. Clearly we can make improvements in the Town's energy use such as we have done with Performance Contracting, and we are also doing this with our fleet purchases etc. While personally I agree with strong energy improvements and water conservation - Reading is not in the energy business - so I don't see how rebates or loans fall into those things that the Town can lawfully do. Pete -----Original Message----- From: bmacknz@gmail.com [mai.lto:bmacknz@gmail.com] On Behalf of Bruce Mackenzie gm Sent: Monday, May 04, 2009 4:39 PM To: Steve Goldy forwarding account; Ben Tofoya; James Bonazoli forwarding account; Camille Anthony forwading account; Rick Schubert Multiple Addresses; Sarah Mulroy fowarding account Cc: Town Manager; Fink, Fran; Johnson, Cheryl 5/11/2009 11 Page 2 of 2 Subject: Town meeting suggestion: energy conservation loans from MTBE / water enterprise fund I'd like to get your opinion on: Proposal: The Town of Reading provide loans to property owners for: a. Water Conservation b. Energy Conservation improvements to their homes, - qualifying for new 20% plus 10(?)% tax credits from the, IRS and Mass. c. Other conservation projects which improve the property base in Reading d. Other environmental improvements With funding using some of the "MTBE" settlement money which would otherwise be sitting for a year or'2 unused in the "Water Enterprise" funds. Funds from :loan repayments would be expected to be returned to the Water Enterprise account before they are needed for water rate stabilization, in 1 / 2 / ? years. A homeowner who loses their job may be given longer to repay. This would allow homeowners to make improvements even if they are unable to afford to pay immediately, or uncertain about their financial future. Benefits to Reading include: property improvements, reduced energy use, C02 footprint/etc., better tax base, less financial strain on residents. I assume this would have to be allocated by Town Meeting. But, it is too new an idea for me to bring it before the Town tonight. You opinions ? thanks, - Bruce Mackenzie 781-944-7027 781-249-5437 (Town meeting member, p.8) (mobile, now) v/ l 5/11/2009 Page 1 of 1 1_`G 6 a S Schena, Paula From: Hechenbleikner, Peter Sent: Wednesday, May 06, 2009 4:33 PM To: Reading - Selectmen; LeLacheur, Bob; Schettini, Pat Cc: Schena, Paula Subject: FW: Patrick-Murray Community Forums I/c Board of Selectmen From: Itgovoffice (GOV) [mailto:Ltgovoffice@state.ma.us] Sent: Wednesday, May 06, 2009 1:07 PM To: Itgovoffice (GOV) Subject: Patrick-Murray Community Forums Dear All, I am writing today to let you know about a series of community forums that the Patrick-Murray Administration will launch next week. Between now and the end of May, senior officials from the administration will host forums with local residents in thirty-six cities and towns on the choices facing the Commonwealth in the current economic climate. As our partners in local government, I would like to invite you to attend a forum in your area. As you know, a decline in state revenue is forcing us all to confront difficult decisions around what kind of government we want and how best to pay for it; at the same time, stories of waste and abuse threaten the public's confidence that tax dollars are spent smartly. 1 hope these conversations will provide residents a chance to ask questions, offer suggestions and engage with us and their neighbors on these issues. We will send out more information on the forums, including locations, dates, times and participating administration officials as soon as it is available. Summaries of the forums, along with videos and questions, will be posted online at www.mass.oov/aovernor/forum. Citizens can also find on the website all of the tools they need to host their own forum on choices and priorities. If you would like more information please contact the Governmental Affairs office at (617) 725-4090. Yours truly, Timothy P. Murray Lieutenant Governor 5/11/2009 9 c w Page 1 of 1 Schena, Paula From: Hechenbleikner, Peter Sent: Tuesday, May 12, 2009 3:33 PM To: Ellen Doucette; Kowalski, Carol Cc: Reading - Selectmen; Schena, Paula Subject: RE: Stop & Shop v. Danis Realty yC, 8oS I believe the usual stance in situations like this has been for Town Counsel to stay informed but not take an active position. Pete I/c Board of Selectmen From: Ellen Doucette [mailto:ecdoucette@brackettlucas.com] Sent: Monday, May 11, 2009 4:04 PM To: Kowalski, Carol; Hechenbleikner, Peter Subject: Stop & Shop v. Danis Realty Today, I received Stop & Shop's Notice of Appeal regarding the above matter. To refresh your memory, the judge granted summary judgment to Danis affirming the ZBA's application of Section 6.3.11.2 to the property at One General Way and its decision that a special permit was not required for the expansion, only a building permit. 'his office will remain as an observer to the appeal and not take an active part therein unless directed otherwise by the town. As with the trial, the town is not a stakeholder unless the town/ZBA believes that it would like this office to file a brief in opposition to the appeal in an effort to defend the ZBA's interpretation. Regards, Ellen Ellen Callahan Doucette, Esq. Brackett & Lucas 19 Cedar Street Worcester, MA 01609 (508) 799-9739 (508) 799-9799 Facsimile 5/12/2009 Page 1 of 3 z,I C 8aS Schena, Paula From: Hechenbleikner, Peter Sent: Wednesday, May 13, 2009 4:56 PM To: Reading - Selectmen Cc: Schena, Paula Subject: FW: [POSSIBLY SPAM] Urgent MMA Senate Budget Alert Importance: Low l/c Board of Selectmen From., Geoff Beckwith [mailto:gbeckwith@mma.org] Sent: Wednesday, May 13, 2009 3:04 PM To: Geoffrey Beckwith Subject: [POSSIBLY SPAM] Urgent MMA Senate Budget Alert Importance: Low MMA Budget Alert Wednesday, May 13, 2009 SENATE BUDGET PLAN WOULD SLASH MUNICIPAL AID BY $484 MILLION The fiscal 2010 budget released by the Senate Ways and Means Committee today would: • Cut municipal aid by $484 million below original fiscal 2009 levels ($356 million below post-9C levels, and $264 million below the House-passed budget) • Cut $79 million from Chapter 70 education aid, providing a reduction of up to 2% for most school districts • Eliminate police career incentive (Quinn Bill) funding ($50 million) • Eliminate sewer rate relief funding ($20 million) • Eliminate community policing and anti-gang funding ($34 million) • Cut $125 million from special education circuit-breaker • Cut $31 million from regional school transportation reimbursements • Cut $8 million from library grants • Cut $3 million from-the PILOT program Call Your Senators and Local Media Today to Explain the Damage and Call for Action to Protect Cities and Towns The Senate Ways and Means Committee has released its fiscal 2010 state budget plan, proposing extraordinarily deep and harmful local aid cuts that would cause immediate and lasting damage to cities and towns in every corner of Massachusetts. The Senate budget is based on $1.5 million less in state tax revenues due to the crumbling economy, and does not include the $900 million sales tax increase included in the House budget. In short, the Senate budget is based on the tax revenues that i 5/14/2009 Page 2 of 3 Massachusetts will collect next year without any tax increase. To close the massive budget gap, Senate leaders have unveiled a budget that would impose massive across-the-board cuts to local aid and state services. The proposed Senate budget would force communities to lay off thousands of teachers, police officers, firefighters, public works employees, librarians and other key staff. Essential services would be severely weakened, and reliance on the regressive property tax would skyrocket. Unfortunately, this budget would cause greater harm to the Massachusetts economy, and make the recession last longer than necessary. Click Here to View the Senate Budget Web Site and Access Your Local Aid Numbers ( http://www.mass.gov/legis/I Obudget/senate/index.htm The budget proposal would slash municipal aid by $484 million below original (pre-9C) fiscal 2009 levels, a 37% reduction. This represents the largest municipal aid cut in history, and would bring municipal aid down to levels last seen in the 1980s. Further, the Senate Ways and Means budget would reduce Chapter 70 education aid by $79 million, translating into a 2% reduction in Chapter 70 funds for all districts. Similar to the Governor and the House, the Senate plan would rely on federal stimulus (ARRA) funds to add to Chapter 70 to get approximately 170 districts up to Foundation level. However, the overall Foundation mark for each district is slightly lower in the Senate budget, due to a lower inflation calculation used to save the state money, so the overall combination of Chapter 70 and ARRA funds for these 170 districts is approximately I% smaller than the House and Governor's plans. Further, the Senate does not recommend the House's suggested $50 per student minimum aid in their ARRA allocations. The budget would eliminate over $200 million from other vital local aid accounts including special education funds, school transportation reimbursements, sewer rate relief, community policing grants, police career incentive payments and other valuable'programs. It is urgent that you contact your Senators and tell them that these cuts are unacceptable to the residents of your community. Senators must take every possible step to reverse these cuts and restore local aid by voting to increase the state sales tax up to 7% (the House passed 6.25%) and expanding the sales tax to alcohol, candy and soda, as proposed by the Governor. Further, it is imperative that the Legislature immediately enact a real municipal relief bill that removes health insurance decisions from collective bargaining, allows local option taxes, and finally closes the telecommunications property tax loopholes that give the telephone company a $50 million tax break that cannot be justified in these difficult times. The reality is that this budget would deepen the fiscal crisis for cities and towns, force sweeping and damaging cuts to public safety, education, road and bridge maintenance, libraries and other vital services, increase reliance on property taxes, and erode the very services that support our economy. This is a shared crisis, and cities and towns need basic levels of local aid and powerful tools to protect their communities. This budget does not contain the local aid or municipal management tools that are required. Local leaders call upon the Legislature to take immediate action on the revenues and reforms we need, so that cities and towns can deliver essential services to the people of the Commonwealth. Otherwise Massachusetts will experience a longer and deeper recession, and our economic recovery will be postponed. The Senate will take up the budget on Tuesday, May 19, starting with a debate over whether to increase state taxes to reduce these deep cuts. 5/14/2009 Page 3 of 3 PLEASE TAKE THE FOLLOWING ACTION STEPS TODAY: ' • Determine the impact of the total $484 million municipal aid cut, $79 million Chapter 70 cut, and the other reductions on your community • Call your Senators AND local media and tell them how this budget would harm your community, cut local services, and increase your reliance on the property tax • Tell your Senators and local media that the Legislature must restore local aid to acceptable levels, by voting for new state tax revenues, including the sales tax increase • Tell your Senators and local media that the Legislature must pass a meaningful municipal relief package immediately that removes health insurance decisions from collective bargaining, allows a local option meals tax, an increase in the local option room occupancy tax, and finally closes the telecommunications property tax loopholes that give the telephone company a $50 million tax break that cannot be justified in these difficult times. • Share this information with municipal workers in your community, and urge them to contact their Senators - their jobs are at stake • Check the MMA website http://www.mma.org for links to the SW&M budget and frequent updates from the MMA These cuts cannot stand. Now is the time for the Senate to protect cities and towns! 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 attachments, 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. 5/14/2009 L/G t3oS Schena, Paula From: Reading - Selectmen Sent: Friday, May 15, 2009 9:36 AM To: Ron; Reading - Selectmen Cc: Schena, Paula Subject: RE: saying on the sidewalk Dear Ron: 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 -----Original Message----- From: Ron [mailto:euroitaly78@yahoo.com] Sent: Thursday, May 14, 2009 10:02 PM To: Reading - Selectmen Subject: saying on the sidewalk the restruant owner sitting at a table near the window. vention moon at the corner of woburn and main street one of those saying in the side walk is in front of that building. and when people stop to read it. he is telling people to get away from his business and building. this guy has had problems and violations in the past and has been shut down do to the alcohol problems. and i know he was doing horse betting in there. i dont know if he still is. but thats illegal. he is jealous of the other Italian restruants. which so what. i dont think the town of reading should renew his licence or revoke his licence to operate in reading. he came from revere and they shut him down and can not operate there.. reading should do the same. and he should not be telling people that are reading the writing in the side walk that is in front of his buisness. to get away from the building. ron