HomeMy WebLinkAbout2008-04-08 Board of Selectmen PacketSchena, Paula
From: Reading - Selectmen
Sent: Wednesday, March 26, 2008 11:33 AM
To: 'JSeagrams@aol.com; Reading - Selectmen; Town Manager
Cc: McIntire, Ted; Schena, Paula
Subject: RE: Trash Pick Up
Dear Dick:
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.
Meanwhile I will refer this matter to the Town Manager and ask that the DPW Director investigate
this incident.
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.
Ben Tafoya
Secretary
Reading Board of Selectmen
1/c Board of Selectmen
From: JSeagrams@aol.com [mailto:3Seagrams@aol.com]
Sent: Wednesday, March 26, 2008 8:34 AM
To: Reading - Selectmen; Town Manager
Subject: Trash Pick Up
This morning at 6:50 AM the recycle truck was in front of my house. This appears to be a
"one man operation". The truck is left running and unattended while the operator leaves the
truck to make the pick up. This morning there were 15 pieces of recyclables strewn over the
street and my driveway after he made the pick up and left. If the Town is paying for this pick
up,-we should be getting better service.
There is not much sense in recycling, if the majority of it ends up littering the street. I picked
it up after the truck moved on.
Dick Nazzaro
3/26/2008 13A Carnation Circle
LIG Po b l; c,
Schena, Paula
From: Reading - Selectmen
Sent: Wednesday, April 02, 2008 8:42 AM
To: Uanel207@verizon.net'; Reading - Selectmen
Cc: Schena, Paula
Subject: RE: Noise Barriers - Greenwood Road, Reading
Dear B. Kane:
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.
I will ask the Town Manager to check with our State Representatives and see what the
process is for addressing noise barriers. We are aware that there is a long list of
requests and limited funding, but we will find out more information.
Thank you again for contacting the Board of,Selectmen.
Ben Tafoya
Secretary
Reading Board of Selectmen
1/c Board of Selectmen
-----original message-----
From: bkanel207@verizon.net [mailto:bkanel207@verizon.net]
Sent: Tuesday, April 01, 2008 7:55 PM
To: Reading - Selectmen
Subject: Noise Barriers - Greenwood Road, Reading
Hi,
I live on Greenwood Road in Reading. I am writing due to my concern over the substantial
noise coming from the highways. I have previously written Representative Jones and was
informed by a member of his staff that they were aware of the noise problem in the South
Street, Greenwood Rd, Gleason Rd area. I was informed that it would be up to the state to
provide funding for the noise barriers, and that would be an uphill battle.
I would ask the board of selectmen to be proactive in addressing this matter. The volume
has gotten worse in the last year, and it is the first thing people comment on when coming
into the neighborhood. I can only imagine the noise will have a negative impact on
property values in the area which also becomes a concern.
I've noticed noise barriers along 195 and 193 is the Woburn/Stoneham area and others
residential communities. Maybe our town can inquire as to how these towns were successful
in having the noise barriers installed? I ask that you push the state to address the
matter as quickly as possible. It is a great neighborhood, however the noise is becoming
very much a distraction.
Thank you.
Greenwood Road Resident
1
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®~ev
BRADLEY H. JONES, JR.
STATE REPRESENTATIVE
MINORITY LEADER
C~GY~~%ZG(fEGT,'GG~L 4~~G(AadCdGfZGGdE~Zd
a~a~?e o~~!jder~t~cL`~rfee
mate o"~ou.1e, ~adt`az O.~'7.~.~ 7054
March 25, 2008
James W. Cormier, Chief of Police
Reading Police Department
15 Union Street
Reading, MA 01867
Dear Chief Cormier:
0
CA
On several occasions my office has been contacted by the Town of Reading regarding the
installation of a left turn signal on the northbound side of Route 28 where it intersects with
Franklin Street. Most recently, my office was copied on a message from Rose Solimini to the
Town Manager relative to the need for additional signalization.
Although the need is apparent locally, for some reason the Massachusetts Highway
Department (M D) remains opposed to the idea of installing the left turn signal. In the near
future I would like to meet with MIID officials to discuss this issue and hope to convince them
otherwise. During this meeting I would like to supplement anecdotal evidence with factual
accident data.
I am wondering if you would be able to gather any and all relevant accident data that the
Reading Police Department might have recorded over the past several years. It would be useful
to understand the frequency, severity and cause of each accident. In addition, it might be helpful
to know how many other intersections along this stretch of Route 28 already have left turn
signals installed. Such information from an official source would allow me to develop a more
compelling case to MIM. Please advise me whether fulfillment of this request is possible and
what the time frame might be.
I look forward to hearing back from you and advocating on behalf of the Town. Should you
have any questions or concerns regarding this or any other matter, please feel free to contact me
at your convenience.
I. Jones, Jr.
Leader
cc: Peter Hechenbleikner, Town Manager
Ilia/
7 441
201n MIDDLESEX DISTRICT
READING • NORTH READING
LYNNFIELD • MIDDLETON
TEL. (617) 722-90
Rep.BradleyJones®hoGRtate.ma.us
www.bradjonesor*e.com
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Page 1 of 1
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Hechenbleikner, Peter
From: Jones, Bradley - Rep. (HOU) [Brad ley.Jones@state.ma.us]
Sent: Wednesday, March 26, 2008 1:57 PM
To: Hechenbleikner, Peter; LeLacheur, Bob
Cc: frederick.vanmagness@hou.state.ma.us; Martel, Justin (HOU)
Subject: Ash Street Document
Attachments: Ash Street Crossing Gates Standard Contract Forms (partially signed).pdf
Peter:
Attached is a PDF of the paperwork relative to the Ash Street crossing issue. It is in the process of being signed off on by all
interested parties. It think the Board will find it welcome news and once finalized should serve as sufficient evidence to maintain
the whistle policy.
We will keep on top of it.
Any questions just let us know.
Brad
3/26/2008
03/26/2005 VMD 9115 PAX 617 222 3605 META RR Opo Sngynesrt.ng
ti;
Q{;kA~ L r''A1Rion
GOY-M. 'd
rimomy MuRRRY
Lnxlt. x-Govu0,oit
SUBJECT;
THE COMMONWEALTH OF MASSACHUSETTS
PxI;Ct1TIVE Ot=mcE OF TRANSPOFMI"ION
MA.SSACHusE?Ts WaIdv1Ay DEPARTMENT
Reading-Ash Street
Agreement Number 54156
®OA2/021
EO i
BARNARD COWN
sYmtrURY
- Gvh+~+~010ra4H
February 22, 2008
~P.E C E Q 1!I
FEB 2 5 2008
Me7A
ENGINEERING DEPT,
AlIttiony Gouvaha
MDTA
32 Cobble Hill Road
Somerville, MA 02145
dear Mr. Gouveia
6vlosed please find two (2) copies of Agrcement number 54156 between the Massachusetts Highway Departrneot
(Messl iigbway) and the Massachusetts Bay Transportation Authority (M13TA). Please have both 8tnndard Contract
forms (attached to the agreements) signed by an authorized signatory in addition to the Contractor Authorized
Signatory Ustirlg Form. Please sign the 2 agreements and the contractor farm and ;tatuurn tilt entire puRage
to this office within 14 days to:
Guy Re odes, RE. ,
Massacuusetts Highway Department
Tan Park Plaza-Room 6340
Boston, Imo, 0211,6
The Danartment M Man orkirta simtature on each ofthe Contract Fom. The fully executed agreements will
be dated after signed by 01 parties. This does not constitute a Notice to ProceW, The Department will issue a
Notice to Procood to your office following final MassHi,ghwayy approval. PIme do not date gaga one of the
a,greament as it is not fully oxec'utcd until signed by all parties.
If you hevo any questions or comments, please direct them to me at (617) 973-7512.
S' cerely,
Guy F. Andes, P.E. Enelosures UtillGxesll zll ad sngirre ~
-M PARK PLAZA, BOSTON, Mph 02116-3989
TMFHOM; (617) 973-7800 - TMEFAX: (617) 973-0040 • Tpp; (617) 973-7306-v wm.MHD.STATE-MA. US c,,3
03/26/2008 wED 10,17 [JOE NO. 50831 10002
DEVAL L. PATRICK
Governor
TIMOTHY P. MURRAY
Lieutenant Governor
.JUDYANN B[GBY, M.D.
Secretarv
To: Mayors
Boards of Selectmen
Town and City Managers
Town and City Chief Financial Officers
Tel.: 617-573-1600
Fax: 61.7-5'73-1890
L1'LS"~X. Lll.].SS.hOL',~ P.Q.I1I7 S
From: Secretary JudyAnn Bigby, M.D., Executive Office of Health and Human Services
Date: April 2, 2008
Re: Fiscal impact of new federal rule on Municipal Medicaid programs
Attached is an important memo from Tom Dehner, Massachusetts Medicaid Director, regarding the
impact of a new federal rule on the Muni cipal Medicaid program. Because the majority of cities and
towns in Massachusetts participate in this program, we wanted to be sure that you receive and read
Mr. Dehner's memo. The memo explains the changes required by the new rule chan ge and includes
information on the potential fiscal impact on the cities and towns currently participating in the
program.
This rule is currently subject to a Congressional m oratorium prohibiting its implementation. The
moratorium is due to expire on June 30, 2008 absent further Congressional action. Once the
moratorium has expired, the Office of Medicaid expects the federal Centers for Medicare and
Medicaid Services (CMS) to implement the rule. Although the Administration is working hard to
make sure that the new Medicaid regulation does not take effect, it is vitally important for your voices
to be heard as well. Please contact the Massachusetts Congressional Delegation about this
important issue.
Please contact Tom Dehner or Christy Bonstelle at 617-573-177 0 if you have any questions
regarding the Municipal Medicaid program and this new rule,
\ w
The Commonwealth of Massachusetts
Executive Office of Health and Human Services
One Ashburton Place, Room 1109
Boston, MA 02108
- ,
~ '
The Commonwealth of Massachusetts
Executive Office of Health and Human Services
i ass eal h
"
Office of Medicaid
r's...,
One Ashburton Place
Boston, MA 02108
DEVAL L. PATRICK
IUDYA.NN .BfGBY, IM.D.
Governor
Secretary
TIMOTHY P. MURRAY
THOMAS R. IDEHNER
Lieutenant Governor
Medicaid Director
To: Mayors
Boards of Selectmen
Town and City Managers
Town and City Chief Financial Officers
From: Tom Dehner, Medicaid Director .
Date: April 2, 2008
Re: Fiscal impact of new federal rule o n Municipal Medicaid programs
This memo is to inform you that, as a result of an anticipated change in federal Medicaid
regulations, Local Educational Authorities (LEAs), including cities and towns, regional schools
and charter schools, will no longer be reimbursed Federal Financial Participation (partial federal
reimbursement) for Medicaid administrative activities performed by school employees, school
contractors or anyone under the control of a public or private educational institution. Currently,
partial federal reimbursement for such activities is available to LEAs through the Administrative
Activity Claiming (AAC) portion of the Municipal Medicaid program. The effective date for this
federal rule (CMS-2287-F), which was promulgated on December 28, 2007, is described in
more detail below. LEAs will be able to continue to receive partial feder al reimbursement for
direct services through the Direct Services Claiming (DSC) portion of the Municipal Medicaid
program.
Effective Date of New Rule
The Centers for Medicare and Medicaid Services' (CMS) final rule is currently subject to a
Congressional moratorium prohibiting its implementation. The moratorium is due to expire on
June 30, 2008 absent further Congressional action. Once the moratorium has expired, the
Office of Medicaid expects CMS to implement the rule. Federal reimbursement will not be
available for administrative activities performed on or after the date of implementation.
Imoact of New Rule on the Commonwealth
Over 280 LEAs across the Commonwealth currently participate in the AAC portion of the
Municipal Medicaid program. A chart listing the current federal reimbursement levels for LEAs
through the AAC portion of the Municipal Medicaid program is attached.
The Patrick administration is working as part of a national effort to delay or reverse this new
rule. We have submitted comments to CMS expressing our concerns about the rule and we are
working with our Congressional delegation and with the National Association of State Medicaid
Directors on possible Congressional action to stop this rule from goi ng into effect.
Despite the potential for Congress to extend the current moratorium, the Commonwealth and
the LEAs that participate in the Municipal Medicaid program must be prepared to comply with
this rule. The Office of Medicaid will be working directly with these LEAs to ensure compliance
with the regulation. However, give n the potential revenue impact to cities and towns, it is
important that municipal financial authorities be made aware of this new rule.
Claimina for Certain Reimbursement Activities
When the final rule is implemented, Municipal Medicaid providers will no longer be allowed to
seek Federal reimbursement for transportation services through the ACC program. However,
while the final rule eliminates Federal reimbursement for most activities currently reimbursed
under the AAC program, it does allow state Medicaid programs to seek reimbursement for
certain transportation activities provided by Local Education Authorities (LEA). Federal
reimbursement will no longer be available for tran sportation to and from a school for school-
aged children, but will be available for transportation for non-school-aged children and for
school-aged children between school or home and a non-school-based Direct Service provider
that bills under the Medicaid program. The Office of Medicaid will be working with CMS to
ensure that Municipal Medicaid providers will be able to identify those transportation services
that are reimbursable under the final rule in the future.
If you have any questions or need additional information, please contact Christy Bonstelle,
Director of School-Based and Cross Agency Programs at 617-573-1770.
~lr
"j R
Federal Medicaid Reimbursement for School Based Administrative Activities and Transportation
Local Education Authority
SFY05
SFY06
SFY 07
Ralph C. Mahar Regional School District
1 $
17,226) $
113,530) $
101,473
Randolph, Town of
1 $
318,693) $
302,886) $
371,117
Reading, Town of
1 $
442,062) $
270,845) $
528,641
Revere, City of
1 $
573,181) $
458,704) $
572,408
Rochester, Town of
1 $
2,013) $
11,620) $
1,797
Rockland, town of
) $
111,952) $
124,394) $
115,628
Rockport, Town of
1 $
42,113 I $
13,424 1 $
Rowe, Town of
1 $
5,767) $
7,118) $
5,951
Roxbury Preparatory Charter School
1 $
- t $
12,770) $
15,495
Salem, Town of
I $
430,4341 $
734,663 1 $
576,310
Sandwich, Town of
1 $
- 1 $
457,802 1 $
244,771
Saugus, Town of
I $
85,211 1 $
169,059 1 $
155,697
Scituate, Town of
1 $
55,103) $
81,223 1 $
59,249
Seekonk, Town of
1 $
87,449) $
47,044 1 $
105,590
Sharon, Town of
1 $
119,336 1 $
127,751 j $
92,762
Shawsheen Valley Regional Vocational School District
$
16,320 $
16,655 $
23,148
Sherborn, Town of
1 $
- I $
- 1 $
-
Shirley, Town of
1 $
53,897 1 $
75,810) $
38,308
Shrewsbury, Town of
j $
18,056) $
107,256 ( $
162,275
Shutesbury, Town of
(
I
I $
2,902
Silver Lake Regional School District
1 $
38,562) $
18,401) $
19,683
Somerset, Town of
1 $
138,003) $
41,065 1 $
94,396
Somerville, City of
1 $
863,018 I $
656,967 I $
696,762
South Hadley, Town of
( $
33,538 ( $
41,336 1 $
53,635
South Middlesex Regional School District
1 $
42,804 $
60,600) $
25,917
South Shore Regional Vocational School District
1 $
- 1 $
7,280) $
6,645
Southampton, Town of
1 $
1,499) $
1,479) $
29,550
Southbridge, Town of
) $
25,462) $
38,795 I $
171,592
Southeastern Regional School District
1 $
50,701) $
91,847 I $
40,754
Southern Berkshire Regional School District
) $
27,147) $
21,730 I $
41,881
Southwick-Tolland Regional School District
1 $
22,672 ( $
31,016 1 $
21,108
Spencer-East Brookfield Regional School District
I $
79,590 1 $
78,972 1 $
21,172
Springfield, City of
1 $
1,907,113) $
2,386,572 1 $
2,233,781
Stoneham, Town of
1 $
130,883) $
150,800) $
303,659
Stoughton, Town of
) $
207,609) $
159,247 1 $
168,924
Sudbury, Town of
) $
16,216 ( $
20,978) $
14,824
Sunderland Regional School District
I
I
I $
5,636
Swampscott, Town of
) $
52,788 + $
132,737 1 $
-
Swansea, Town of
1 $
41,327 1 $
48,683 1 $
21,641
Tantasqua Regional School District
I
1
1 $
33,802
Taunton, City of
1 $
149,250 1 $
195,259 I $
187,330
Tewksbury, Town of
1 $
175,922 1 $
179,005) $
169,337
Topsfield, Town of
1 $
- 1 $
905) $
1,536
Tri-County Regional School District
i $
19,869) $
5,268 1 $
32,515
Triton Regional School District
1 $
94,053 1 $
75,563 1 $
99,598
Truro, Town of
) $
38,877 1 $
20,299 1 $
41,546
Upper Cape Cod Regional Vocational School District
) $
75,655 1 $
148,974 1 $
115,939
Uxbridge, Town of
I
(
I $
17,125
Wachusett Regional School District
( $
21,697 I $
71,862 1 $
9,175
Wakefield, Town of
i $
91,557) $
86,117 $
137,019
Walpole, Town of
) $
218,437 1 $
206,191 1 $
279,507
Waltham, City of
1 $
293,936) $
214,160) $
283,076
Page 5
V
i( .
LATHAM, LATHAM & LAMOND9 P.C.
648 MAIN STREET
READING, MASSACHUSETTS 01867-8096
W W W.LLLLA W.C OM
KENNETH C. LATHAM (1939-1996)
0. BRADLEY LATHAM*
JOHN T. LAMOND
JOSHUA E. LATHAM*
CHRISTOPHER M. O. LATHAM
*ADMITTED TO PRACTICE IN
MASSACHUSETTS & NEW HAMPSHIRE
March 27, 2008
Program Manager
Board of Appeals
Board of Building Regulations and Standards
One Ashburton Place, Room 1301
Boston, MA 02108-1618
RE: CAC Foods, Inc.
680 Main Street, Reading, Massachusetts
Dear Sir or Madam:
TELEPHONE: (781) 944-0505
FAX: (781) 944-7079
Enclosed herewith please find four (4) complete copies of an appeal filed by CAC Foods,
Inc. regarding 680 Main Street in Reading, Massachusetts. Included herewith are the
following:
I . Appeal Application Form;
2. Service Notice;
3. Memorandum with Exhibits; and
4. Check in the amount of $150.00 for the filing fee.
We have given notice to Glen Redmond, Building Inspector for the Town of Reading, by
certified mail return receipt requested. Should you require any thing further please do not
hesitate to contact this office.
Given the exigent circumstances of this matter, we respectfully request as early a hearing
date as is available. Thank you for your attention to this matter.
Respectfully,
sh tham
MEMORANDUM IN SUPPPORT OF APPLICATION
BY CAC FOODS. INC.
INTRODUCTION
This appeal is filed by CAC Foods, Inc. (the "Appellant"). The.property that is
the subject of this appeal is located at 680 Main Street in Reading, Middlesex County,
Massachusetts (the "Pertv_"). The Appellant leases a portion of the first floor and
basement level of the building at the Property (the "Premises"), and does business as the
Venetian Moon Restaurant (the "Business").
HISTORY
Beginning in 2001 the Appellant operated within a smaller area of the Premises.
In 2006 the owner of the Property undertook substantial construction to allow the
Appellant to expand the Business within the basement level of the Property. During that
expansion the architect for the owner of the Property submitted floorplans reflecting an
occupancy load at the Premises of 198 persons (138 downstairs; 60 upstairs). In
addition, all approvals, permits and licenses granted for Appellant's use of the Premises
listed a seating capacity of 175 seats, being 125 seats downstairs and 50 seats upstairs. A
Certificate of Occupancy for the Premises was issued on March 8, 2007. The Certificate
of Occupancy did not specify an occupancy load for the Premises.
The Appellant has operated the Business within the present confines of the
Premises since March 8, 2007. Nine months later, on December 21, 2007 the Town of
Reading Fire Department performed an inspection of the Premises at 10:15 p.m. and
issued a Notice of Violation for exceeding the occupancy for the Business. Said notice
listed an occupancy load of 190 persons, although it is uncertain how this number was
determined. Thereafter on December 28, 2007 the Building Inspector for the Town of
Reading issued a Notice of Violation, a copy of which is attached as Exhibit 1. in reliance
upon the findings of the Fire Department during their December 21, 2007 inspection.
The Building Inspector's Notice of Violation included a citation for failure to abide by
the occupancy load for the restaurant as reflected on the Certificate of Occupancy for the
Premises. As noted above, the Certificate of Occupancy for the Premises, issued on
March 7, 2007, does not state an occupancy load for the Premises. A copy of said
Certificate of Occupancy is attached with Exhibit 1.
Thereafter, inexplicably, the"Building Inspector issued a new Certificate of
Occupancy for the Premises citing an occupancy of 175 persons, broken down as 50
persons in the upstairs level and 125 in the downstairs level of the Premises. No basis
for the calculation of 175 persons has been provided, except that the Business provides
175 seats for dinner service. A copy of the revised Certificate of Occupancy is attached
as Exhibit 2.
Upon receipt of the Building Inspector's revised Certificate of Occupancy the
Appellant notified the Building Inspector it disagreed with the occupancy of 175 persons,
a61
and engaged an architect to perform calculations and prepare plans reflecting an accurate
occupancy load for the Premises pursuant to 780 CMR 1008. The architect performed
these calculations, prepared detailed plans, and submitted same to the Building Inspector.
The Appellant also met with the Building Inspector and Fire Department to request the
Building Inspector correct the Certificate of Occupancy to reflect an actual calculation of
occupancy load under the Building Code, rather than an arbitrary number of 175 persons.
After numerous meetings, calls and correspondence with the Building Inspector
and other Town officials from various departments, over the course of two and a half
months, the Appellant ultimately provided floorplans and occupant load calculations,
filed herewith, reflecting an occupant load calculation of 240 persons for the Business,
including 176 persons downstairs, and 64 persons upstairs. A copy of these plans is
attached hereto as Exhibit 3.
On March 14, 2008 the Appellant's attorney met with the Building Inspector to
obtain his final determination on Appellant's request, and despite the Building
Inspector's admission that he is satisfied that the occupant load is correct under the
Building Code, and that he has no Building Code basis to object to correction of the
occupancy from 175 persons to 240 persons, he has nonetheless refused to do so. That
day the Building Inspector denied in writing the Appellant's request to correct the
occupancy load for the Premises. The basis of this denial is reference to the Town of
Reading Board of Health's failure to have issued approval for the occupancy load. A
copy of the letter of denial is attached hereto as Exhibit 4.
It is the Appellant's request that the Board:
Make a determination that the occupant load for the Premises be
corrected to an actual occupant load calculation of 240 persons,
pursuant to 780 CMR 1008, and as shown by the architectural
drawings and calculations submitted herewith;
2. In the alternative, overrule the decision of the Building Inspector in
denying the Appellant's application to correct the occupancy load
for the Premises pursuant to 780 CMR 1008, and as shown by the
architectural drawings and calculations submitted herewith; and/or
3. Such other relief as the Board deems appropriate in favor of
Appellant.
DISCUSSION
1. The Building Inspector's Denial is Based Upon Improper Grounds
780 CMR 120.4 states "When a building or structure is entitled thereto, the
building official shall issue a certificate of occupancy within ten (10) days after written
application." This section continues "The certificate of occupancy shall speck the .
following.....(4) the occupant load perfloor...." Furthermore, 780 CMR 120.5 requires
Appellant to post a placard designating "the maximum occupancy load' of the premises.
The term "occupant load" is defined in the State Building Code at 780 CMR
1002.1 as "[tjhe total number of persons that are permitted to occupy a building or
portion thereof at any one time (see 780 CMR 1008.0)."
780 CMR 1008.1 states "[1]n determining required facilities, the number of
occupants for whom exit facilities shall be provided shall be established by the largest
number computed in accordance with 780 CMR 1008. 1.1 through 1008.1.3." Section
1008.1 provides the method to determine the occupant load for an area based on the uses
of the space within that area in reference to Table 1008.1.2. 780 CMR 1003.2, entitled
"Number of Occupants" further provides "the minimum number of occupants 'to be
accommodated by the exits shall be determined by the occupant load prescribed in 780
CMR 1008. The posted occupant load of the building shall be limited to that number."
The Appellant has utilized the services of two .(2) architects to ensure the Building
Inspector was satisfied that the occupant load shown by the Appellant was the result of
proper calculations under the Building Code, 780 CMR 1008. The Appellant has
submitted all plans and narratives requested by the Building Inspector and the Fire
Department to verify the occupant load calculation. The Building Inspector has stated,
verbally and in writing, that the occupancy load requested by the Appellant complies with
the requirements of the Building Code. Nonetheless the Building Inspector refuses to
issue a corrected Certificate of Occupancy, to the substantial detriment of the Appellant.
The Building Inspector's denial is improper.
The Building Inspector's has, denied Appellant's application to correct the
occupant load for the Premises based solely upon questions by the Town of Reading
Health Agent as to whether the determination of occupant load impacts food service
requirements for the restaurant. An email from the Health Agent to the Building
Inspector was attached to the Building Inspector's denial. See Exhibit 4.
No physical alterations or changes in use are to be made. The sole issue before
the Building Inspector is to approve the calculation of occupant load for the existing
Premises pursuant to the mathematical calculations required under 780 CMR 1008.
These calculations have been performed, and the Building Inspector agrees they are in
compliance with the Building Code. The Health Agent's uncertainty as to whether a
calculation of the occupancy load under the State Building Code will bear upon a local
health ordinance is not a justifiable basis for the Building Inspector to refuse to issue a
corrected Certificate of Occupancy reflecting an accurate and lawful occupant load for
the Premises. See Castelli v. Board of Selectmen of Seekonk, 15 Mass. App. Ct. 711,
712-716 (1983) (Town official cannot act in "unreasonable, arbitrary, whimsical or
capricious manner" including to refuse permit based on interference with Building
Inspector's duties by other town officials). This is particularly so where there is no
physical alteration to the Premises, and the Health Agent admits in his email that he has
c. tr- c
Town of Reading
16 Lowell Street
Reading, MA 01867-2683
April 2, 2008
Joshua Latham
Latham, Latham& Lamond
643 Main. Street .
Reading, MA 01867
Dear Mr. Latham,
HEALTH DIVISION
Phone: (781) 942-9061
Fax: (781) 942-9071
Website: www.ci.readinLy.ma.us
RE: Venetian Moon Restaurant aanlication to increase occunancv load
In response to your letter dated March 12, 2008, advising that your client CAC Foods
DB/A Venetian Moon Restaurant, has applied to increase the occupancy load to 240
persons.
During a phone conversation, I inquired as to whether there will be any service in the
waiting area ( that will be positively impacted by the increase in occupancy load). I was
not provided a definitive response to my inquiry. Further, the occupant load indicates a
waiting area with tables and chairs for 25 and an increase in total occupancy of 65.
Since we do not have any definitive information on service in the waiting area, the
Health Department has to presume that the additional 75 occupants represent an increase-
in restaurant service, which represents a significant change in the operation and requires
submission plans and supporting documentation pursuant to 1999 Food code,
8.201.11(c), 8.302.14 (c), as consumer demand would be increased.
Consequently, a review of your facility is required to ensure that the:
• Dry Storage
• Refrigerated Storage,
• Cooking area
• Ware-washing facilities
• Grease traps
are capable of supporting the increase in restaurant capacity.
Further, until plans and supporting documents, are provided, the Reading Health Division
will not support any increase in the occupancy at Venetian Moon.
Please feel free to contact me at 781-942-9061, should you require further information.
Larry A. Ramdin, MA, REHS, CFSP
Health Services Administrator
cc Glen Redmond - Building Inspector
2.G 3
Knight, Maureen
From: Barbara Faso [bfaso@hotmaii.com]
Sent: Friday, April 04, 2008 1:17 PM
To: Knight, Maureen
Subject: RE: Spring 2008 - Your Community Connection
Page 1 of 1
r,,, *v-,. f to,
kvo A(_`
thank you so much for this wonderful information I am excited. We really do have a great town here !
Subject: Spring 2008 - Your Community Connection
Date: Fri, 4 Apr 2008 12:50:49 -0400
From: mknight@ci.reading. ma. us
To: mkn ight@ci. reading. ma. us
Welcome to the Spring 2008 issue of the Town Newsletter: Your Community Connection! This issue covers
Town news and information as well other informative, educational and fun activities taking place in Reading
during the months of April, May and June. Sprung has come to Reading and it's time to get out and join all the
activities and fun right here in your own home town! Shake off those winter blues and get out and meet your
neighbors!
<<Spring 2008.pdf>>
Maureen M. Knight
Community Services
Town of Reading
16 Lowell Street
Reading MA 01867
Phone 781-942-6610
Fax 781-942-9071
Pack up or back up-use SkyDrive to transfer files or keep extra copies. Learn how.
a ciy
4/4/2008
G~
Town of Reading
16 Lowell Street
Reading, MA 01867-2683
Phone: 781-942-6654 fax: 781-942-9071
website: roww.ci.readingarna.us/plar2ning
Contact: Carol Kowalski, Comminiij Services Directoi/Town Planner
e-mail: ckou~alskihClri.readin12.ma.u;:
Community Planning and Development Commission
Zoning Board of Appeals
Agenda April 7, 2008
Location: Conference Room, Town Hall Time: 7:00 PM
The purpose of this joint CPDC and ZBA meeting is to discuss the zoning bylaws and
need for amendments and to consider practices for efficient coordination on planning and
zoning permits and decisions heard by both boards.
1. Open meeting, CPDC Chair Brant Ballantyne, 7:00
ZBA Chair Robert Redfern
2. Zoning Bylaw issues 7:05
a. Identify general concerns
b. Review issues compiled by Zoning Enforcement Officer
3. Communication to facilitate decisions & permits 8:00
Adjourn
i
2C
~
Town of Reading
Recommended Zoning By-Law Amendments or Changes - April 4, 2008
Section Action
• 6.2.3.2 i change
• 6.2.1.3 k change
• 6.2.3.2 b change
• Illuminated add
• 6.2.3.2.2 add
• 6.3.2.2 add
• 6.2.3.2.1
clean up
• New
add
• New
add
• New
add
• New
• 2.2.2.1
• New
add
change
add
Description
shall place no more than 3 such signs per calendar
year
Sign area: to include the stricture to which the sign
is attached ( see sign height)
awning signs shall have a minimum ground
clearance of 8-0 (match state building code )
All illuminated signs to be turned off at a
designated time in all districts
Business-A & other districts to the requirement of
Certificate of Appropriateness
Language to awning signs-that the entire awning
Constitutes the size of the awning if it reflects a
message or is designed to attract attention
Language about internally illuminated signs &
opaque background-confusing
Hours of construction operations
Maximum amount of paving on residential lots
Restrictions for outside storage/parking of
Commercial vehicles/Boats /Trailers/Campers/etc
Uses allowed in residential accessory structures
Lot coverage to include accessory
structures/pools/tennis courts/etc
Language to address residential radio towers
2 c
• 2.2.35/2.2.35.1/2.2.35:2 Yards Should minimum front yard/side
yards/rear yards have materials or structures
stored in that yard
• Accessory strictures
Should be limited to size & setback & height limits
• Accessory structures
In other districts-currently not allowed
• New
Corner lot diagrams & fiontage requirements/also
diagrams of irregular lot shapes indicating front
yards/side yards/rear yards
• 2.2.16/2.2.15/2.2.14
Clean up Height of buildings/established
grades/natural grades
• 4.3.2.9 change
Open storage to include materials allowed in
residential districts and in other districts
• New add
Earth removal permit requirement
• 4.3.2.8.2a change
Date of the dwelling was legally occupied
• 4.3.3 change
Allow the site plan to not be required if there is no
change to the site (allow waiver of plan)
• 4.8.3 change
Definition of Impervious Surface: "regardless of the
proposed surface material"
• 63.2.2 clean up
Non-complying Situations
2c()
f'~,
From: Keating, Bob
Sent: Wednesday, March 26, 2008 9:37 AM
To: Hechenbleikner, Peter; McIntire, Ted
Subject: RE: Shade trees
Peter:
Fall planting provides the greatest chance of transplant survival for most deciduous trees. This
planting is scheduled for late October after the trees have gone dormant. We prioritize our list for
the fall planting based on several criteria.
1. Location-
A. High Value Trees- We first look at areas of high value such as the Downtown Common and
side streets in the business district with existing tree wells. We will then look at municipal
buildings, schools, and parks.
B. Requests- We review request for residents regarding replacements for trees taken down or
for a new tree. We try and place trees in these locations as they have a good chance for survival
if the resident is on board. We cannot always oblige as many locations where trees have been
removed are not suitable. Conversely, if a resident does not want a tree replaced its chance for
survival is limited,
C. Subdivision - Where trees have failed and can be successfully be replanted in the larger
tree lawns.
D. Older Streets- Open areas where tree lawns may be sufficient.
2.Condition of Trees- We are looking at these public locations to see.what needs to be
replaced due to removal and what may need to be replaced based on decline, storm damage,
winter damage, insect, drought, motor vehicle damage or vandalism .
The condition of these trees and priority for replacement is a fluid process which is analyzed and
prioritized throughout the spring, summer and fall prior to planting.
3.Removal List- The removal list is misleading as a direct source for tree replacement. Most all
of the trees on the list are low value trees . They are trees in rights of ways, easements,
conservation lands and resident's back yards. They were not planted street trees that were
hazardous by nature such as pines and spruce. They were hazardous by location being on the
edge of pavement by road widening over the years or by being seedlings grown wild. They were
not growing in locations which were suitable for replacement with either no chance for survival or
in a dense canopy.
4.Future Plantina- Our operating budget allows for 16 to 20 trees based on cost and availability.
We have had no trouble finding areas such as Downtown Town buildings, schools, parks and
streets to plant. We are looking forward to what utilizing the information from the new GIS tree
layer as a tool to help in long term planning.
From: Hechenbleikner, Peter
Sent: Tuesday, March 25, 2008 2:02 PM
To: McIntire, Ted
~kt
~9
Cc: Keating, Bob
Subject: RE: Shade trees
So what is the prioritized list with the funds that will be available for the next
several years through the budget?
From: McIntire, Ted
Sent: Thursday, February 28, 2008 4:47 PM
To: Hechenbleikner, Peter
Subject: RE: Shade trees
Peter,
we have removed 511 trees since 2002. The issue is not having a list of locations. The issue is
prioritizing that list.
Ted
From: Hechenbleikner, Peter
Sent: Thursday, February 28, 2008 1:48 PM
To: McIntire, Ted
Subject: Shade trees
Did I understand that we do not have a list of locations for shade tree plantings?
If not, how do we determine where we will spend our $4000 a year, or any
additional money that we might get?
Pete
CONSERVATION COMMISSION
Phone (781) 942-6616 Fax (781) 942-9071
Town of Reading
16 Lowell Street
Reading, MA 01867-2683
AGENDA
Reading Conservation Commission Meeting
Selectmen's Meeting Room, 7:00 PM
Wednesday, April 9, 2008
7:00 Old/New Business
7:30 Public Hearing, Notice of Intent, Joseph Phelan, 85 Lilah Lane, RGB 2008-5, wetland
and buffer zone restoration, seasonal ice skating rink
7:45 Public Hearing, Notice of Intent, VNA of Middlesex-East and Visiting Nurses Hospice,
320 Haverhill Street, RGB 2008-6, landscaping and walkways
8:00 Public Hearing, Notice of Intent, Thomas Capachietti, 7 Adams Way, DEP 270-519,
RGB 2007-35, swimming pool, patio, and landscaping
8:15 Public Meeting, Request for Determination of Applicability, Kevin and Nancy Brown,
48 Whittier Road, RGB 2008-7, replace deck with 3-season porch
8:30 Public Hearing, Notice of Intent, Salem Five Bank, 8 Walkers Brook Drive, RGB
2008-3- demolish gas station and build bank with drive-through service
Old/New Business:
0 Bare Meadow Conservation Area, Franklin Street entrance - Terry Crocker, Proposed Boy
Scout Eagle Project
0 1050 Main Street - Response to Notice of Violation
0 27 Tennyson Road- Response to Notice of Violation
0 306 Main, DEP 270-492, RGB 2006-41- Status of work
0 Benjamin Lane, DEP 270- 466, RGB 2005-49 - Plan revision, Lot 2
0 39 Walkers Brook Drive, DEP 270-494, RGB 2006-47 - As-built site plans, report on
hazardous materials release
0 1 General Avenue, DEP 270-428, RGB 2004-22 - As-built analysis and proposed glass canopy
drain
0 125 Fairchild Drive, Enforcement Order - Status of work
0 9 Gregory Lane, DEP 270-236, RGB 1991-10 - Request for Certificate of Compliance
0 Earth Day plans
0 Site Visit Reports
0 Minor Projects - (126 Howard Street, shed)
0 Minutes for approval
0 other... (This agenda is prepared in advance and may not list all items for the n2eeting.)
a C Z c7
Notes to Commission. April 3, 2008
SITE VISITS - Begin at 6: 00 PM, Monday, April 7, at Killam School parkin-a lot:
320 Haverhill - New NOI - check proposed work area, general site conditions. See below.
Keith Taylor or other representatives will meet you at the site at 6: 00.
48 Whittier - Check proposed work area under new permit application. I inspected yesterday -
the shed has been moved, the yard cleaned up, and grass established under the last permit -
should close that file.
1050 Main - Check extent of filling in backyard. See below.
7 Adams Way - See below. Check extent of vernal pool near proposed swimming pool. If you see
or hear any frogs or salamanders, include this in your notes.
1310 Main - I am going out on Friday (414) with Pat Seekamp to take another look at the
wetland boundary flagging. If you have enough daylight and energy on Monday, you could
stop by and look for new flags. This will not be on the agenda again until April 30, so the
visit is not urgent. I will try to remember to send you an email after the site visit to let you
know what happens.
9 Gregory - Do not visit. Kevin Emery called and asked to postpone to the April 30t1i meeting
because he will be traveling next week. I will inspect with him on April 15t1' at 10:00, and
you will inspect before the 4/30 meeting. I think we will need to schedule site visits for
April 30 on Sundav. April 27 because Town Meeting begins on April 28.
HEARINGS
85 Lilah - I will try to draft OOC and distribute before the hearing.
320 Haverhill - This is the VNA Hospice. Some of you will remember the initial construction a
few years ago. Proposed work is landscaping, converting lawn to areas with shrubs, trees,
garden plants. Some invasive species will be removed. Work is in ZNV, but should
enhance buffer capacity and habitat.
7 Adams Way - I inspected with Bill Manuell 3/31. The pond extended out of the Phrag area west
of Terrace Park into the woods behind Adams Way. We put up two flags at the western
edge of the vernal pool and measured from there to the nearest wetlands flags, # 6 and #8.
The pool is proposed about 60 feet from the pond, but in an existing lawn area. I
encouraged Bill to talk about ZNV plantings, appropriate fencing, and appropriate work
methods, and also said that I could not predict how the Commission might vote on the
matter. Bill delivered revised plans for the packets today, enclosed.
48 Whittier - Draft Conditions enclosed. Also, soil information, drainage calculations, and
comments from Town Engineer in 2003 for house construction. This information is
relevant to proposed drainage structure options. Both look okay to me.
8 Walkers Brook - Revised plans will not be ready for packets, and Jack may postpone until
April 30t1,
OLD/NEW BUSINESS
Bare Meadow - Did I forward this email? Terry wants to clear path along cemetery that is
overgrown and repair/replace bridge over wet area. Also could educate abutters about dumping,
post boundaries, paint sign board and put up a map, blaze trail, etc.
1050 Main Street - Sent Notice of Violation. I will inspect with owner at 2:00 today - look for
an email report. I recommend an Enforcement Order ordering removal of all fill, survey to
verify restoration of original topography, and appropriate planting. There is a site plan in the
file showing topography in late 2005.
Z,~.Z_I
• 27 Tennyson Road - Got report from Building Inspector of construction without Building or
wetlands pen-nit (external staircase on back of existing garage for access to attic loft). Sent
violation notice. Inspected with owner on 4/2. It clearly does not meet the 35' wetland setback,
and there are thick brush piles in the wetland. Owner agreed to file RDA, and I mailed him the
forms and instnictions. Then I talked to the Building Inspector, who indicated that the staircase
on the back of the garage does not comply with building code. Also, there is a question whether
it goes over rear lot line. So, there are several reasons that the staircase might have to be taken
down and reconstructed, perhaps off the side of the garage instead of the rear. I hope the RDA
will arrive in time for the 4/30 meeting, and that we will have something in writing from the
Building Inspector by then.
• 306 Main - I called LSP at Tyree last week and asked him to cover the dirt piles where the old
plastic is not in good shape. He said he would get this done on 3/31 or 4/1, but as of 4/3 it is not
addressed. I will call again.
• Benjamin Lane - Received foundation as-built for Lot 2. House is about 120 s.f. bigger than
proposed, and garage floor is a foot lower. I asked Bill Johnson for a revised grading plan for
the driveway.
Y 39 Walkers Brook - Still no as-built site plans from VHB and no final haz mat report for the
recent release. Left a message for Frank DiPietro at VHB.
1 General - Have asked Nick to provide signed stamped copy of canopy plan revision and to
schedule meeting with George Z and Chris Sparages soon to discuss questions about as-built
infonnation. Meanwhile, noticed serious erosion off north central edge of parking lot directly
into stream today.
• 125 Fairchild - Roof drain system has been installed this week. Need to repair lawn and nearby
forest where machinery has left nits.
• 9 Gregory -postponed to 4/30.
• Earth Day - Will can cover set-up and early hours, and Bill can cover 1:00-3:00. Can others
help cover the middle hours? Mark is working on some displays - log cabin, fishing dock,
recent major construction sites? I have sent some photos and will try to get some other
information out soon. Kim and I have handouts about the new Trails Committee and the Adopt-
a-Trail program. Kim will have the Ipswich River Greenway maps. Doug has brochures from
the MACC meeting. What else?
• Site Visit Reports - The storunceptors and infiltration chambers are being installed at 88
Walkers Brook. So far, so good. The Town is replacing the tennis courts at Bancroft Ave and
malting some changes in the drainage systems. The old dump is being cleaned up at 1198
Main.
• Minor Projects 126 Howard Street, shed is in outer buffer zone. The house was built under
a DA a few years' ago.
2 6 2Z"
READING PUBLIC SCHOOLS
Reading, Massachusetts
SCHOOL COMMITTEE MEETING
DATE April 7, 2008
PLACE RMHS - Superintendent's Conference Room
TIME 7:30 p.m. Regular Session
AGENDA
7:30 p.m. A. Call to Order
7:35 p.m. B. Routine Matters
1. Bills & Payrolls
2. Citizens' Input
3. Gifts
4. Reports of Chairman, Liaisons & Superintendent
7:45 pan. 5. School Committee Calendar
- 2008-2009 School Committee Calendar
C. Personnel
8:00 p.m.
D.
Old Business
• Building Project Update
• Second Reading of Policy BEDB/BEDB-E
8:45 p.m.
E.
New Business
• Field Trip Approval
• Approve the Last Day of School
• Town Meeting Preparation
• Policy Review - Kindergarten Age Cut-Off
• METCO Transportation Contract
9:25 p.m.
F.
Approval of Minutes
- March 24, 2008
G.
Information and Proposals
9:30 p.m.
H.
Adjourn
Preparing Reading's Youth To Be Productive, Informed, Independent Citizens In A Global Society
Note: This Agenda has been prepared in advance and does not necessarily include all matters which may be taken
up at this meeting.
. Zc23
QUARTERLY BUDGET REPORT - through March 31, 2008
TOWN OF READING, MASSACHUSETTS
Note: The accounts below reflect a variance of +5% or more in the quarterly allocation, and are
therefore "flagged" for explanation.
ACCT # ACCT DESCRIPTION REASON FOR VARIANCE
015 Community Services
Travel Reimbursement and professional development have
Expense
been higher than anticipated.. This account will require
transfer at the Annual Town Meeting
021 Finance Committee
The expenses of the FY 2007 Audit come in the first part of the
Expenses, Salary
FY. The salary expenditures are heaviest in February and
March. This may require an internal transfer within the
department at the end of the year.,
052 Elections Salary,
All expenditures are focused during the election which tools
Expense, Capital
place in February. This account will not need a'budget
transfer.
141 Inspections Salary
The transfer from the Inspections Revolving Fund has not yet
taken place. This account will not need a budget transfer.
301 DPW Administration
This was for a supervisor professional development / training
Expense
expense. This may require an internal transfer within the
department at the end of the year.
303 DPW Highway Expense
Supplies for highway patch and sidewalk maintenance are
higher than budgeted. Expenses for vehicle maintenance -
both supplies and contractual services are higher than
budgeted. Fuel is higher than budgeted, and may have to do
with timing of deliveries. This account will require transfer at
the Annual Town Meeting
317 DPW Recreation Capital
The project (Birch Meadow Tot Lot) has been completed and
therefore the expenses are "front-end loaded". No additional
funding will be needed
321 DPW Snow and Ice
This was the snowiest December on record. This account will
Control Salary, Expense
require transfer at the Annual Town Meeting
481 DPW Cemetery Salary
The payment from the bequest fund has not yet been credited
to this account. This account will not need a budget transfer
511 Health Expense
541 Elder/Human Services
The annual bill for MVES has been paid in its entirety. No
Salary, Expense
additional funding will be needed
Z c- 2, y
552 Veterans Aid
During the 3'd Quarter of the year activity has been unusually
high. Some of the cases will be resolved prior to years end.
This may require an internal transfer within the department
at the end of the year.
681 Historical Commission
All expenses have taken place during the third quarter. No
Expense
additional funding will be needed
710 Debt Service
Debt Service payments are nearly completed for the
year. There will be a $47,000 surplus in the account
which will be used in Annual Town Meeting
811 Contributory Retirement
The full annual payment from this account has been made... No
additional funding will be needed
815 Unemployment
We project a $15-20k deficit and will need a transfer
within benefits to cover this - which we can do. This
account will require an internal transfer within the
department at the end of the year.
817 Group Health and Life
The entire annual premium for the EAP has been paid. No
Insurance Expense
additional funding will be needed
(EAP)
821 Workers Comp
The entire premium is paid at the beginning of the year to take
advantage of discounts. No additional funding will be needed
850 Property and Casualty
The entire premium is paid at the beginning of the year to take
Insurance
advantage of discounts. No additional funding will be needed
400 Water Distribution Because of delays in the construction of the MWRA
Salary, expense interconnection water valve system, and a large number of
water main breaks during the winter, two budgets will be
overexpended. Internal transfers can be made by Town
Meeting and no additional funding will be needed
405 Water Supply/Treatment Because of delays in the construction of the MWRA
Capital, Salary interconnection water valve system, two budgets will. be
overexpended.. The capital improvements were completed early
in the year and will not need additional funding. Internal
transfers can be made by Town Meeting and no additional
funding will be needed
413 Water Distribution '07 The major part of this capital expense is for the MWRA
Expense Capital interconnection water valve system. The project is now
complete. No additional funding will be needed
'2,,'--- Z'5'
418 Water Operations '03 This represents the cost of installing new water meters and
Capital remote readers. This is a inulti-year project. No additional
funding will be needed
430 Sewer Operations The over expenditure is for cleaning the sewer main in Woburn
Expense Street and Main Street due to grease. Claims to recover the cost
are being made to the responsible business owners. No
additional.fun ding will be needed
444 Sewer Operations '07 This represents money encumbered for and paid out for the
Expense meter program, sewer rehab, and Inflow and Infiltration
remediation. The remainder of the encumbered money is for
part of cost of meter replacement program. and will be
expended by the end of the FY. No additional ficnding will be
needed No additional fiinding will be needed.
2-6,2-(o
DEPARTMENT TYPE
011 SELECTMEN
EXPENSE
012 TOWN MANAGER
CAPITAL
EXPENSE
SALARY
015 GENERAL SERVICES
EXPENSE
SALARY
021 FINANCE COMMITTEE
EXPENSE
SALARY
022 RESERVE FUND
EXPENSE
025 TOWN ACCOUNTANT
EXPENSE
SALARY
031 BOARD OF ASSESSORS
EXPENSE
SALARY
035 FINANCE
EXPENSE
SALARY
041 LAW
EXPENSE
042 HUMAN RESOURCES
EXPENSE
SALARY
045 TECHNOLOGY
CAPITAL
EXPENSE
SALARY
051 TOWN CLERK
EXPENSE
SALARY
052 ELECTIONS & REGISTRATION
CAPITAL
N
N
J
PAGE: 1
TOWN OF READING
BUDGET
COMPARISON REPORT
FOR THE PERIOD ENDING,31MAR2
008
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
BUDGET
BUDGET THRU
EXPENDITURES
VAR
96VAR
FY2007
YTD VAR
oVAR
(REVISED)
ENDING DATE
(NET ADJMTS)
(2)-(3)
(3)/(2)
EXPENDITURES (3)-(6)
(3)1(6)
2,600
13950
1,050
900
.54
1,487
-437
.71
103000
7,500
5,177
2,323
.69
5,346
-169
.97
68,550
51,413
47,069
4,344
.92
47,069
175,170
128,003
120,774
7,229
.94
63,263
57,511
1.91
19,900
143925
19,913
-4,988
1.33
54,274
-34,361
.37
102,374
74,803
74,636
167
1.00
127,288
-52,652
.59
41,960
31,470
39,746
-8,276
i-1-2-66
34,901
43845
1.14
1,250
912
-1,225
2,137
-1.34
505
-1,730
-2.43
140,000
105,000
1,272
954
126
828
.13
827
-701
.15
1313756
96,292
90,736
5,556
.94
80,997
9,739
1.12
15,400
11,550
7,494
4,056
.65
24,095
-16,601
.31
140,350
102,562
94,595
7,967
.92
94,805
-210
1.00
64,760
48,570
32,719
15,851
.67
25,381
7,338
1.29
339,229
247,893
220,509
27,384
.89
248,992
-28,483
.89
73,000
54,750
41,414
13,336
.76
24,463
16,951
1.69
40,856
30,642
10,388
20,254
.34
12,106
-1,718
.86
49,180
35,948
31,826
4,122
.89
31,551
275
1.01
95,000
71,250
1,000
70,250
.01
233,697
-232,697
143,622
107,717
81,867
25,850
.76
83,944
-2,077
.98
152,273
111,283
1013527
9,756
.91
88,029
13,498
1.15
1,500
1,125
308
818
.27
510
-202
.60
100,557
73,492
73,158
334
1.00
49,373
23,785
1.48
22,000
16,500
21,555
-5,055
1.31
21,555
DEPARTMENT TYPE
(1)
BUDGET
(REVISED)
EXPENSE
24,700
SALARY
18,885
061 CONSERVATION DIVISION
SALARY
47,107
065 PLANNING
EXPENSE
-49,600
SALARY
173,510
111 POLICE
CAPITAL
35,000
EXPENSE
2033623
SALARY
3,363,360
121 FIRE
EXPENSE
96,600
SALARY
3,166,770
123 DISPATCHERS
EXPENSE
40,826
SALARY
389,467
131 INDEMNIFICATION POLICE/
FIRE
EXPENSE
55,000
141 INSPECTIONS DIVISION
SALARY
113,874
301 DPW-ADMINISTRATION
EXPENSE
5,677
SALARY
93,210
302 ENGINEERING
EXPENSE
19,182
SALARY
2683901
303 HIGHWAY & EQUIPMENT MAINT.
CAPITAL
1,322,784
EXPENSE
521,973
SALARY
690,736
304 STORM WATER MANAGEMENT
EXPENSE
32,000
SALARY
139,467
312 WASTE COLLECTION & DISPOSAL
EXPENSE
1,458,805
r\
PAGE: 2
TOWN OF READING
BUDGET
COMPARISON REPORT
FOR THE PERIOD ENDING 31MAR2008
(2)
(3)
(4)
(5)
(6)
(7)
(8)
BUDGET THRU
EXPENDITURES
VAR
%VAR
FY2007
YTD VAR
$VAR
ENDING DATE
(NET ADJMTS)
(2)-(3)
(3)/(2)
EXPENDITURES (3)-(6)
(3)/(6)
18,525
22,668
-4,143
1.22
39,071
-16,403
.58
13,794
18,494
-4,700
1.34
23,897
-5,403
.77
34,428
32,660
1,768
.95
37,164
-4,504
.88
-37,200
126,787
93,071
33,716
.73
57,001
36,070
1.63
26,250
152,717
134,912
17,805
.88
153,534
-18,622
.88
2,457,840
2,242,604
2153236
.91
2,418,392
-175,788
.93
72,450
52,966
19,484
.73
74,120
-21,154
.71
2,314,181
2,326,141
=11,960
1.01
2,234,108
92,033
1.04
30,620
18,584
12,036
.61
24,390
-5,806
.76
284,620
281,729
2,891
.99
275,504
6,225
1.02
41,250
26,546
14,704
.64
38,238
-11,692
.69
83,220
121,317
-38,097
1.46
118,111
3,206
1.03
4,258
5,386
-1,128
1.26
-44,358
49,744
-.12
68,115
30,804
37,311
.45
23,839
6,965
1.29
14,387
1,754
12,633
.12
13,288
-11,534
.13
196,498
133,084
63,414
.68
109,318
23,766
1.22
992,088
478,344
513,744
.48
234,740
243,604
2.04
391,480
434,605
-433125
1.1-1
310,988
123,617
1.40
504,773
492,790
113983
.98
561,967
-69,177
.88
24,000
8,673
15,327
.36
16,375
-7,702
.53
101,916
66,138
35,778
.65
28,916
37,222
2.29
1,094,104
912,692
181,412
.83
905,626
7,066
1.01
DEPARTMENT TYPE
(1)
BUDGET
(REVISED)
313
PARKS AND FORESTRY
EXPENSE
42,591
SALARY
435,848
317
RECREATION
CAPITAL
25,000
SALARY
125,030
321
SNOW / ICE CONTROL
EXPENSE
327,663
SALARY
72,337
325
STREET LIGHTING
EXPENSE
209,000
481
CEMETERY
EXPENSE
37,736
SALARY
146,057
511
HEALTH
EXPENSE
59,065
SALARY'
167,554
541
ELDER SERVICES
EXPENSE
7,450
SALARY
181,106
551
VETERANS
EXPENSE
700
SALARY
19,252
552
VETERANS' AID
EXPENSE
60,000
611
LIBRARY
CAPITAL
26,500
EXPENSE
254,905
SALARY
872,976
681
HISTORICAL COMMISSION
EXPENSE
1,000
710
DEBT SERVICE
EXPENSE
6,594,457
752
REGIONAL SCHOOL ASSESSMENTS
EXPENSE
327,500
N
C\
N
PAGE. 3
TOWN OF READING
BUDG
ET COMPARISON REPOR
T
FOR THE
PERIOD ENDING 31MAR
2008
(2)
(3)
(4)
(5)
(6)
(7)
(8)
BUDGET THRU
EXPENDITURES
VAR
%VAR
FY2007
YTD VAR
96VAR
ENDING DATE
(NET ADJMTS)
(2)-(3)
(3)/(2)
EXPENDITURES (3)-(6)
(3)1(6)
31,943
32,524
-581
1.02
28,158
4,366
1.16
318,497
309,612
8,885
.97
293,676
15,936
1.05
18,750
20,249
-1,499
1'.08
26,500
-6,251
.76
91,371
87,762
3,609
.96
84,484
3,278
1.04
245,747
814,105
-568,358
3 ~1
316,641
497,464
2.57
52,858
175,415
-122,557
3.32
83,839
91,576
2.09
156,750
146,050
10,700
.93
128,663
17,387
1.14
28,302
21,159
7,143
.75
253961
-4,802
.82
106,742
171,501
-64,759
1.61
164,956
6,545
1.04
44,299
48,549
-4,250
1.10
44,678
3,871
1.09
122,436
110,346
12,090
.90
106,307
4,039
1.04
5,588
6,763.
-1,175
1.21
15,474
-8,711
.44
132,354
142,284
-9,930
1.08
130,787
11,497
1.09
525
330
14,060
9,476
4,584
.67
17,719
-8,243
.53
45,000
48,323
-3,323
1.07
42,459
5,864
1.14
19,875
16,500
33375
.83
5,000
11,500
3.30
191,179
175,803
15,376
.92
172,362
3,441
1.02
637,944
627,352
10,592
.98
582,825
44,527
.1.08
750
800
-SO
1.07
800
4,945,843
6,5263844 -1
,5813001
1.3?.
6,761,323
-234,479
.97
245,625
234,243
11,382
.95
177,705
56,538
1.32
PAGE. 4
OF READING
REPORT
TOWN BUDGET GOMPENDZNG 31MAR2008 (5)
FOR TBE PERIOD (4) %\I AS
(2) EXPENDITUS?S (2)V(3) (3)/(2)
TVARU (NET ADAMI
UDGE 37
(i ) B [)ATE
UDGET ENDING
E
1
_698,879
3
B
TYP
RTMENT (REVISED)
84
2,595,76
87
DEPA
1,
,8
896,
9,981
.
REMENT 2 1 595,727
65, 0
1
CONTRIBUTORY SALARY
75,03 1
75,
_3,920
1
'
811
PEptSIONS 102,681
IBUT
222
,0
33
,042
.4
SALARY
NON-CONTR
9,
2
_1,322
4
.9
g13
SATION 40,000
4,303
167
2g4, 085
15 MPLOYMENT SALARY
UNE
"981
252
4,578,
j.04
6
INSURANCE 3,975
4,B62,
_13,919
FE
ROUP HEALTV"LI6. 653,600
6
340,415
g17 G
5,L ~
326,49
-22,694
446,772
SOCIAL- SECURISALARY
209,014
231,748
22,756 1 ~'9
819
TION 278,685
N
281,841
EXPENSE
WORKER GOMPE
259,085
821
URANCE 345,4gUDGET
0 CASUALTY INS EXPENSEFUND CURRENT
1,152,213
288
5423825
10,473,g95
15 8g1,653
(7) (%VAR
(6) VAR (3)1(6)
FY2007 YTo (3)-(G)
EXPENOI 1.02
59,120
2,536,643
.86
_10,570
75 , 720
1.38
9,153
23,889
4,303 1 07
287,g44
4,290,323 .75
_112,`112
452,827
.85
_39,344
271,052
87
_42,666 .
324,507
85 GENERAi
28`1
379
72
L
g, 679,
15,723,547
,
.65
1.15,
54,14
,
11,5
PITA
GA 366
EXPENSE 21,516'
ipi,107
1$7
3
58
522
1,16
SALARY
155,250
54
1
749,
422,904
-
,
ON 207,000
872
ISTRIBUTI
L 70
653
364,
382
570
_16,
i..-'A2°'9"
.98
"
_ p
WATER CAPITA
400
RY
72,B20
6
23, 229
06
26
SALA
56 , 250
4
1,34
86,
,335
-
,
TREATMENT 75,000
SUPPLG
L
1,369,
60,
64, ()"9
.79
ii
APITA
405 WATER -
i'Sg2,Ag4
EXPENS
E
238,977
386
30 35
SALARY
303,066
521
3
i
TIONS (FY07) 404,088
694
4
RA
3 ,
934
_233
_$0,081
1 26
,
CAPITAL
WATER OPE
412
EXPENSE
7
01
368,446
(FY07) 934
-
2g8,365
.24
`1
UT
10N
3 WATER DISTRIB
ITAL 384,487
750
7 , 539
23 , 88
41
EXP
6 ,
423
31
(Fy2006) 9 000
RpTIONS ,
897
,
_ I.AL 41,
OPE
CAPI
415 WATER EXPENSE
4,62
79,238
1.05
21 , 7
2
37 , 7595
1 .00
2
711 ,
-i }
424,699
.59
_49,932
1.8i
122,752
6011541
.45
744 677
_105,045
191,380
238,977
386
934
368,446
173,348
184,887
.04
PAGE= 5
TOWN OF READINREPORT
MAR2008
OMP 9
1SO
31
ENDING
BUDGET C
(5)
ERIOD
4
(
) 96VAR
FOR THE P
(
XPENDITURES VAR 3)/(2)
2).-(3)
(2) E
BUDGET THRU kNET ADUMTS) (
(1 )
TYPE BUDGET ENDI
NG DATE
PARTMENT (REVISED)
DE
187,500 ,q9
990
ERATIONS, (FY 2005) 250,000
91,837 94,
_ OP
416 WATER CAPITAL
186,827 1.27
525
0 04)
ERATIONS (FY 2 249,102
- 35 ,
166,249
_ OP
417 WATER CAPITAL
130,724 .56
199
ERATIONS (FY 2003)174,299
24,675 19,
OP
418 WATER - CAPITAL
43,874
ERATIONS (FY 2002) 55,499
OP
419 WATER CAPITAL
32,152 .33
764
CAP( ART 10 NOV'O5)42,869
325,42 653,
0
5YRS
429 WA1"ER CAPITAL-
979 , 184
1,305,579
DEBT SERVICE EXPEN E
66,599
797,196
094 2
i03
710
WATER FUND 1
79
,
,
1,
325,094 509,239
3
1,470
CAPITAL 4,433,458
06
, 4 650 43
42 176 ' 0-&
EXPENSE 58111
130,893 _233,526
SALARY
193,911 3,228
307,500 3
g ,000
RATIONS 410,
,
698
2,9603$5 189,
926
70
192
_ OPE
430 SEWER CAPITAL 3,947,
PENSE 264,005
.
,
40,266 g7
886 476
92
EX
SALARY
,
133,152 3,287
;536
RATIONS (FY07) 17
763
3, $0,523
5
OPE
SEWER CAPITAL
119
444
EXPENSE
80,642
-RATIONS (FY2006) 107,523
445 SEWER- OPECAPITAL
11,164
ART 17 MAY 0614,885
447 FRANKLIN CAPITAL
13,620
99} 18x426
(ART#i6,APR`
13,779
12,374
MWRA)
455 SEWER ( CAPITAL
26,153
140
341870
TERR SEWER
5,162 130,
459 FRANKLIN
CAPITAL
135,302
0 SERVICE 180,402
DEBT EXXPENSE
236,272
3
202,360
3
5
4
71
SEWER FUND
240
,
,
0 189,698
99,
450
3
763,
GAPITAL 4,132,599
,
192,926
EXPENSE 264,005
SALARY
C w~
%VAR
(6) (VAR t 6
(3)it
TD
FY2007 Y (3)-(6)
I
EXPEND TURFS
-71 , 312
6.56
77, 837
14,000
39
-262,203
426 .
,452
28,136 -16.89
-1,461
146,665
1.87
151,614
173,806
20 ' 693
3,024,825
179,744
19,972
59,i30
110,200
169,954
82,886
3,287
_19,853
6.33
1.06
1 .06
01
12,374
47 5,162
.04
PROCLAMATION
NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK
WHEREAS: Emergencies can occur at any time that require police, fire or emergency
medical services; and
WHEREAS: When an emergency occurs, the prompt response of Police Officers,
Fire Fighters and paramedics is critical to the protection of life and
preservation of property; and
WHEREAS: The safety of our Police Officers and Fire Fighters is dependent upon
the quality and accuracy of information obtained from citizens who
telephone the Reading Police-Fire Communications Center; and
WHEREAS: Public Safety Dispatchers are the first and most critical contact our
citizens have with emergency services; and
WHEREAS: Public Safety Dispatchers are the single vital link for our Police
Officers and Fire Fighters by monitoring their activities by radio,
providing them information and insuring their safety; and
WHEREAS: Public Safety Dispatchers of the Reading Police Department have
contributed substantially to the apprehension of criminals,
suppression of fires and treatment of patients; and
WHEREAS: Each Dispatcher has exhibited compassion, understanding and
professionalism during the performance of their job in the past year.
NOW, THEREFORE, WE, the Board of Selectmen of the Town of Reading, Massachusetts
do hereby proclaim the week of April 13-19, 2008 as National Public
Safety Telecommunications Week in honor of the men and women
whose diligence and professionalism keep our Town and citizens safe.
THE BOARD OF SELECTMEN
James E. Bonazoli, Chairman
Stephen A. Goldy, Vice Chairman
Ben Tafoya, Secretary
Camille W. Anthony
Richard W. Schubert
~ Ck %
OFR~gOf~
Town of Reading
16 Lowell Street
s:1SCO Reading, MA 01867-2685
FAX: (781) 942-9071
Email: townmanager@ci.reading.ma.us
MEMORANDUM
TO: Board of Selectmen
FROM: Peter I. Hechenbleikner
DATE: April 3, 2008
RE: April 8, 2008 Agenda
TOWN MANAGER
(781) 942-9043
Office Hour - Camille Anthony is scheduled to hold the office hour from 6:30 - 7:00 p.m.
1 a) Executive Session - Legal Issues - Town Counsel will be in at 7:00 p.m. I will request
that the Board of Selectmen go into Executive Session first thing at 7:00 p.m. to review,
current legal issues with the Board of Selectmen. This session should be no longer than
half an hour,
5a) Maura Looney, Reading's Representative to the Northeast Metropolitan Regional
Vocational School District will be in to do a brief presentation on the School District and
its programs.
Is
5b) Erica McNamera, our Project Director for our Substance Abuse Program will be in to
. provide the Board with some information about the RCASA efforts and programs.
5c) Appeal on Water Bill - Mr. Paul Bordieri from West Street has asked for time to appeal
his water bill. In your packet is information that Mr. Bordieri has presented. At this
property, we have a history of some high water bills with no explanation and twice we
have abated those water bills. We have checked the meter and it is operating accurately.
1 indicated to Mr. Bordieri that we are not willing to abate the water bill again.
5d) Discussion - MWRA Water Storage - The purpose of this agenda item is to talk about a
process by which we would have discussion with the MWRA on water storage. I will
have a memo for the Board of Selectmen on Tuesday with regard to our
recommendations.
OF
Town of Reading
ti
o j .r Ewa 16 Lowell Street
63s'INCORQ4P Reading, MA 01867-2685
FAX: (781) 942-9071
Email: townmanager@ci.reading.ma.us
MEMORANDUM
TO: Board of Selectmen
FROM: Peter I. Hechenbleikner
DATE: April 3, 2008
RE: April 8, 2008 Agenda
TOWN MANAGER
(781) 942-9043
Office Hour - Camille Anthony is scheduled to hold the office hour from 6:30 - 7:00 p.m.
1 a) Executive Session - Legal Issues - Town Counsel will be in at 7:00 p.m. I will request
that the Board of Selectmen go into Executive Session first thing at 7:00 p.m. to review
current legal issues with the Board of Selectmen. This session should be no longer than
half an hour.
5a) Maura Looney, Reading's Representative to the Northeast Metropolitan Regional
Vocational School District will be in to do a brief presentation on the School District and
its programs.
'5b) Erica McNamera, our Project Director for our Substance Abuse Program will be in to
provide the Board with some information about the RCASA efforts and programs.
5c) Appeal on Water Bill - Mr. Paul Bordieri from West Street has asked for time to appeal
his water bill. In your packet is information that Mr. Bordieri has presented. At this
property, we have a history of some high water bills with no explanation and twice we
have abated those water bills. We have checked the meter and it is operating accurately.
I indicated to Mr. Bordieri that we are not willing to abate the water bill again.
5d) Discussion - MWRA Water Storage - The purpose of this agenda item is to talk about a
process by which we would have discussion with the MWRA on water storage. I will
have a memo for the Board of Selectmen on Tuesday with regard to our
recommendations.
S~'~
Town of Reading
16 Lowell Street
Reading, MA 01867-2685
FAX: (781) 942-9071
Email: townmanager@ci.reading.ma.us
MEMORANDUM
TO: Board of Selectmen
FROM: Peter I. Hechenbleikner
DATE: April 3, 2008
RE: April 8, 2008 Agenda
TOWN MANAGER
(781) 942-9043
Office Hour - Camille Anthony is scheduled to hold the office hour from 6:30 - 7:00 p.m.
1 a) Executive Session - Legal Issues - Town Counsel will be in at 7:00 p.m. I will request
that the Board of Selectmen go into Executive Session first thing at 7:00 p.m. to review
current legal issues with the Board of Selectmen. This session should be no longer than
half an hour.
5a) Maura Looney, Reading's Representative to the Northeast Metropolitan Regional
Vocational School District will be in to do a brief presentation on the School District and
its programs.
5b) Erica McNamera, our Project Director.for our Substance Abuse Program will be in to
provide the Board with some information about the RCASA efforts and programs.
5c) Appeal on Water Bill - Mr. Paul Bordieri from West Street has asked for time to appeal
his water bill. In your packet is information that Mr. Bordieri has presented. At this
property,, we have a history of some high water bills with no explanation and twice we
have abated those water bills. We have checked the meter and it is operating accurately.
I indicated to Mr. Bordieri that we are not willing to abate the water bill again.
5d) Discussion - MWRA Water Storage - The purpose of this agenda item is to talk about a
process by which we would have discussion with the MWRA on water storage. I will
have a memo for the Board of Selectmen on Tuesday with regard to our
recommendations.
~G
eb . e Vj C,~ +2oN®i~9~
January 2, 1969 2 toilets leaking, requested an abatement (file does not
indicate one way or another if one was given) Mr. Bordieri actual sent a letter calculating
his own abatement.
January 23, 1989 Water Dept performed a meter test for no charge
February 7, 1989 Water Dept abated both W&S charges at 10% each and all
interest charges from November 1, 1988 - February 1, 1989, although the meter was
registering at 100% - 12 gal/min. 99%-6 gal/min 99.5% - 2 gal/min.
(Total initial abatement = $136.51)* see November 1989 BOS for additional abatement.
March 10, 1989 Mr. Bordieri was not satisfied with the above abatement,
and wanted more taken off his bill. He appealed to the BOS in November 1989.
November 19,1989 BOS extended his discount into the October 26, 1988 also.
(Total 2nd abatement = $550.05)
May 5,1999 Paul Bordieri called about a high water bill for no apparent reason.
On May, l Vh, Water Department went out to investigate and found a lealc in their house.
February, 5, 2002 Mr. Bordieri called to request an appt for the Water Department to
check for leaks.
February 12, 2002 Water Dept found no significant leaks. However, Mr. Bordieri
requests an abatement.
February 26, 2002 David Lee, Business Administrator, DPW, sends note to Mr.
Bordieri stating there's a policy in place for a one-time abatement for plumbing problems
- but denies approval for abatement request based on Mr. Bordieri's insistence there were
no significant leaks and there was a prior abatement on file.
March 1, 2002 Mr. Bordieri disputes denial letter
March 25, 2002 Mr. Bordieri's meter is tested, flee of charge, and requests that
meter is replaced. The meter was registering at 99% - 12 gal/min. 97.5%-6 gal/min
97.5% - 2 gal/min.
April 2, 2002 Town Manager approved an abatement for usage plus discount.
(Total abatement = $248.44)
December 10, 2007 Town Manager Receives letter from Paul Bordieri stating his
November 2007 bill was unusually high for no apparent reason.
Paul Bordieri
376 West Street
Reading, MA 01876
Acct # 13-065000000
December 21, 2007 Water Division checked the read and found it to be accurate.
January 16, 2008, Peter Hechenbleikner denies request for an abatement.
January 23, 2008 Since Mr. Bordieri's meter was scheduled to be changed through
our meter changeout program, the meter was tested free of charge. The meter was
registering at 100% - 12 gal/min. 99.5%-6 gal/min 99% - 2 gal/min.
March 3, 2008 Mr. Bordieri emails requests through website, for copies of his last
3 years of water bills. Sent request to Collector's Office.
March 19, 2008, Mr. Bordieri requests hearing w/BOS. Date of hearing April 8, 2008.
Paul Bordieri
376 West Street
Reading, MA 01876 501~
Acct # 13-065000000
March 7, 2008 AGO LIAR 10 AM II: 17
Mr. Peter Hechenbleikner
Town of Reading
16 Lowell Street
Reading, MA. 01867-2685
Re: Water Bill Dispute
Dear Mr. Hechenbleikner,
I am in receipt of your letter dated March 5, 2008. You mention that there is no
process in place for referral to independent arbitration. I could not find any process in
place that precludes the same.
Your letter of February 19, 2008 appeared to close off any further discussion on this
matter by your judgment of denial of any request for adjustment. Therefore I believe
my pursuing an independent arbitrator will prevail.
However you have now suggested a meeting with the Board of Selectman for the
purpose of appeal my water bill. I have no problem with such a meeting. I do want to
know in advance if Ellen Doucette will be present as counsel or at all.
Please advice as to when this meeting will take place.
incerel °
Paul Bordieri C J C
4
V
/ vi V
S
V dv
4~r OF R~
ti
Town of Reading
r~o z ~wq 16 Lowell Street
Reading, MA 01867-2685
FAX: (781) 942-9071
Email: townmanager@ci.reading.ma.us
March 5, 2008
Paul Bordieri
376 West Street
Reading, MA 01867
Re: Water Bill Dispute
Dear Mr. Bordieri:
TC2WN MANAGER
(781) 942-9043
There is no process in place for referral of a disputed water bill to independent
arbitration. You may appeal your water bill to the Board of Selectmen, and I would be
happy to set up a time for you to come in to discuss this matter with the Board.
Ms. Doucette is Counsel to the Town of Reading and will provide advice to the Town on
this matter. Please direct all correspondence to me directly on this matter.
Si ;etv'y,
i
Peter I. Hechenbleikner
Town Manager
PIH:lm
CC: Ellen Doucette, Counsel
February 28, 2008
Ellen Doucette, Counsel
Town of Reading
16 Lowell Street
Reading, M.A. 01867
Re: Water Bill dispute
cx~
Dear Ms. Doucette,
I have been in amicable correspondence with Mr.
Heckenblecher regarding what I
consider an error of sorts with my water bill. I believe that a fault occurred in the -
operation of the meter. It registered that my wife
and I used or wasted 35,000 gallod
of water in the period August to November 2007.
Over the years two other similar situations occurred.
As a result of my correspondence with the town manager, his position is that we used
the water, pay for it.
With this in hand, I propose this dispute be settled by independent arbitration. In
writing to you, I would like to know if you or outside counsel will handle this matter
for the town. I would like to know who to send documents to.
Please advice.
ank ou nn C~
r. Pau ordieri
376 West Street
Reading, Ma. 01867
s661;'
.~N oFRFq
Town of Reading
Ewa 16 Lowell Street
s3g'rXCORyp4~ Reading, MA 01867-2685
FAX: (781) 942-9071
Email: townmanager@ci.reading.ma.us
February 19, 2008
Mr. Paul Bordieri
376 West Street
Reading, MA 01867
Dear Mr. Bordieri:
TOWN MANAGER
(781) 942-9043
Thank you for your letter of January 31, 2008. I understand that you needed to attend to
your wife's surgery, and I am sorry for your illness.
The Town of Reading does not inspect private property to determine the proper
functioning of its plumbing. Our responsibility is to provide potable water to the
property, and to make sure that our meter equipment is working properly. We have
determined that our meter equipment is working properly.
My policy has been to allow an abatement one time whether it is an unexplained increase
of water use. We cannot. and do not try to determine an individual property owner's
water use pattern. That would be impossible for us to do.
The meter test that we performed is to remove the meter, and test it at different volumes
at the DPW Garage. Those.tests indicated that the meter was performing correctly.
Again, your reque t for an abatement is denied.
Sinc rely,
/V
P er I. Hecnenbleikner
Town Manager
PIH:lm
5"C' ~
81~y~(-~~ ~~v7!
January 31, 2008
Mr. Peter Hechenbleikner
Town of Reading
16 Lowell Street
Reading, MA. 01867-2685
Dear Mr. Heclhenbleiker,
I am in receipt of your letter dated January 16, 2008.1 apologize for not responding sooner but due to my
wite's surgery and my own illness this was the earliest time I could give this matter my attention.
You pointed out that there have been two similar incidents in the past where the usage was high, but no leaks
could be detected- As I did in the past, I confirmed that all water sources were properly functioning and
again, no leaks could be detected. The Town is welcome to perform its own inspections.
I can find no record of any "Town Policy" wherein the Town does not issue multiple abatements for the same
property. I did not ask the Town for any "abatement".
Based on prior average daily consumption 1 believe that on random instances t have been charged for more
water than used. We are two seventy year old senior citizen's leading a sedentary life and no one will
convince me that in a ninety day period we utilized some 35,000 gats. of water.
I am sorry that I missed your meter test but that indicates to you that on that day and at that time the meter is
accurate. What kind of test was that? l)id someone come into my home and turn on the water to in fact see if
the meter did not over rdgisrer any flow? Who knows it may have under registered any flow for all you know.
Again 1 do not know ofanylown policy regarding abatements but I do know of Town records indicating that
a 'questionable situation such as this may be corrected by simply using the prior average- daily consumption
and costs and simply reissuing a corrected statement. if you call this an abatement then so be it.
Sincerely,
Paul. Bordieri
Cc: Tony Starr Esq., Mintz, Levin et al
DO,*' CZ
TOOIn 'd,SN00 JIaxvaq 9POZ696TRLT Xv3 ~C:LO 8009/5T/ZO
Town of Reading
16 Lowell Street
Reading, MA 01867-2685
FAX: (781) 942-9071
Email: townmanager@ci.read!ng.ma.us
January 16, 2008
Mr. Paul Bordieri
376 West Street
Reading, MA 01867
Dear Mr. Bordieri:
TOWN MANAGER
(781) 942-9043
I have received your letter of December 12, 2007, and have had it reviewed by.staff They point
out that you have received two abatements in the past after several complaints where usage was
high, but no leaks could be detected.
As a matter of policy, we don't issue multiple abatements for the same property unless there is a
specific identified reason for the water use. Therefore, I must deny your request for an
abatement. We did check your meter and verified that the meter is accurate.
I can only suggest that you do a complete review of your property and of your water use to
determine whether or not there is some problerri that is not readily evident.
Si cerelr7,
Peter I. eeikner
Town Manager
PIH/ps
cc: Jane Kinsella, DPW Business Administrator
660
Town d Reading Water & Sewer Billing
From (To I Previous I Present I Usage
08/10/07 11/13/07 41300 46000 4700
Arrears I Balance I Interest (Total
Water .00 .00 .00
Sewer .00 .00 .00
Storm Water rte,,
BORDIERI CORINNE A
PAUL A BORDIERI
376 WEST ST
READING MA 01867-2236
IIII,rrr,111111rrllHlrrrlrrlrlglr1r.111111101polls 11rU,1,11
Mail this portion to the Town Collector.
. .
Town of Reading Water & Sewer Billing
From ' ITo I Previous I Present I Usage
08/1.0/07 11/13/07 41300 46000
Arrears ( Balance I Interest ITotal
Water .'00 00 .00
Sewer .00 .00, .00
Storm Water . 0:0 .00 .00
2
1
4700 AC
Rates : 1Per 100 C.F.' 1'rilili3tiuiu I
Water, ' J.'.... 6..901 13-80
Sewer ) 6:.841 13-,60..:.,
Please retain this portion for yonri records: For proper credit,
payment is due'by $:00 p:m. on due date. Call 781,-9429023 with
questions.
2
I Account Number
13 065000000
Current Billing Period
Charge I
Gross I Discount 1
Net
Water
3.24.30 32.43
291.87
Sewer
319.60 31.96
287.64
Storm
9.96 1.00
8.96
Service.
Charge
.00
Currerif 1
65t. `8:6 1`65.19
V '588. 47
Arrears I
00. (
0 0
Total
(
Due
653.86
588.47,
if paid AFTER.
01/15/08
If Oaid BY:
1/15/08
EFFECTIVE FOR SEP 2007 BILLS] WATER 6.90 1 SEWER 6.80 1 PER 100 CU FT.
REMINDER MAKE CHECK PAYABLE TO - TOWN OF READING
TO REPORT MAILING ADDRESS CHANGES CALL THE WATER DEPT. AT 781-942-9077
Water-Sewer Reguaations
• Water and sewer charges are assessed to property owners of record, who are liable for them.
• Water charges and sewer charges are based on metered water usage; minimum charges are applied to water and sewer usage.
• All water passing through a meter will be charged, whether used or wasted.
• A 10% discount is applied to current water and sewer charges when bill is paid in full within 30 days.
• To be eligible for discount, payments must be in the Collectors office by 5:00 p.m. owdue date. _
• Penalty interest of 1.5 %b per month, or 18 % per year is charged on bills which are late.
In accordance with Massachusetts General laws CIL 40, unpaid water and sewer bills are liened to the real estate tax bills.
• Water customers are required to keep their own water pipes and fixtures in good repair.
• Water customers shall make no alterations to pipes,.fixtures, or mete, installed by the Town; water customers must notify the Dept, of Public Works of
repairs needed to this Town equipment; metampairs due to freezing, hot water, or other external causes shall be charged to the customer. .
The following rules apply to water customers who request meter testing:
l.lf the ureter is registedu' c6 ...tly, th&user bears'the cost of the test.
21f the meter is registering incogwtly, and cbargaag ims water than used, the user will 'bear the cosf.of:tlie test and will be charged for the usage based on
prior average.daily;r--ptian
3.If the-meter is registering incoirectly, and-charging more water than used, the water department will pay for.die test, and the.-incori ect charge, based Pu
„ prior average daily consumption ,wW lie ali W and refunded.
A ten dollar charge is made whenever water service is turned on or off at the owner's request; an additional five dollar charge is made if the meter is
removed'imd placed in storage.
The water meter should be read before a property changes owners.
• The water department requires 48-hours notice for shutting service off & on and reading meters.
• The water department may shut off the water supply for the purpose of making repairs, extensions, to water service, etc. without prior notice to customers
Customers are urged to install protective devices on appliances, but in any case, the department will bear no liability for damage to same.
Date ILocation
I Account Number
12/10/07 376 WEST ST
13 065000000
Current Billing Period
AC !Charge I Gross I Discount lNet
Water 324.30
32.43 291.87
Sewer 31.9.60
31.96 287.64
Storm 9.96
1.00 8.96
Service
Charge .00
Current1 653.86 1
65.391 588.47
Arrears 1 .00 1
1 .00
Total 653.86
!r8 8 . 47
Due I'aid
B811 5108
1306500.0000 000030083 000028764
(Date (Location
12/10/07 376 WEST ST
_57(~,(`
Memorandum
To: Peter Hechenbleilmer, Town Manager
CC:
From: Jane C. Kinsella, DPW Business Administrator
Date: 12/21/2007
Re: Mr. Paul Bordieri, 376 West St.
Since we do not test for leaks, we can only trust 'Mr. Bordieri that
there are no leaks in his home, usually the most common cause of
these spikes. However, since Mr. Bordieri is quite clear through his
letter that there is no leak, we did as requested, and verified meter
reads. The meter read was found to be accurate.
Mr. Bordieri has requested and received (2) abatements in the past
after similar complaint letters where usage was high but no leaks
could be detected.
We have since instituted an abatement policy of (1) abatement per
household after the resident provides proof through a paid invoice
that a leak has been repaired.
Thanks in advance,
.Jane
X673
SGtI
Dec'eniber 10, 2'007
Mr. Peter Hechenbleikner
Town Manager
Reading Town tall
16 Lowell Street
Reading, Ma: 01867-M!
Rez Water & Sewer Billing
Dear Sir,
2(D7 DEC 12 AN 10: 49
r
ell
~A
Pot some unknown reason; a water / sewer bill of this magnitude is delivered to my
residence at least office a year or. thereabouts,
t believe at the last occurrence the Town came in and checked any water flow through
all of our fixtures and ultimately changed the meter:
Upon receipt of this bill, t checked our water meter by taking a reading before going
to bed and getting up in the morning. There were not any nocturnal visits to the toil'e't
during the night: There was no change in the meter reading during the night:
We are two 10 year old seniors that .-have lived in your home for 44 years, 'The last
twenty plt y=ears have been without our children: I can not rationalize this type of
usage:
You cannot imagine the angst that conies with an invoice like this, The biggest
problem when this has happened before is trying to convince the Town (Mr: ttittire
1.r:) that this was not of our doing.
I 'truly want to pay our lair share but this is beyond what I call fair especially with the
Bost of drugs and fuel oil: t know there are other townspeople in the same predicament
but I can't iniagine any oilier residence being saddled with a. bill such as this,
I know you are a very busy man and this maybe more of an annoyance than anything
else to you, However this is a very critical ma't'ter to me and my wife:
Could you arrange for someone 'to check our meter or anything else that could create
such an erroneous result? t do not have a history of our usage but I believe if you
asked for our records you would see how non typical of our usage this bill is,
Thank you for your time on this matter:
el
IVIr-. Raul Bordteri
LU,
7f West Street
Reading, MI A, M67
o-",qq 57
4_
OFR
y Town of Reading
~~o Ewa
rs 16 Lowell Street
3s0INCORO~ Reading, MA 01867-2685
FAX: (781) 942-9071
Email: townmanager@ci.reading.ma.us
MEMORANDUM
TO: Board of Selectmen
FROM: Peter I. Hechenbleikner
DATE: April 3, 2008
RE: April 8, 2008 Agenda
TOWN MANAGER
(781) 942-9043
Office Hour - Camille Anthony is scheduled to hold the office hour from 6:30 - 7:00 p.m.
1 a) Executive Session - Legal Issues - Town Counsel will be in at 7:00 p.m. I will request
that the Board of Selectmen go into Executive Session first thing at 7:00 p.m. to review
current legal issues with the Board of Selectmen. This session should be no longer than
half an hour.
5a) Maura Looney, Reading's Representative to the Northeast Metropolitan Regional
Vocational School District will be in to do a brief presentation on the School District and
its programs.
5b) Erica McNamera, our Project Director for our Substance Abuse Program will be in to
provide the Board with some information about the RCASA efforts and programs.
5c) Appeal on Water Bill - Mr. Paul Bordieri from West Street has asked for time to appeal
his water bill. In your packet is information that Mr. Bordieri has presented. At this
property, we have a history of some high water bills with no explanation and twice we
have abated those water bills. We have checked the meter and it is operating accurately.
I indicated to Mr. Bordieri that we are not willing'to abate the water bill again.
5d) Discussion - MWRA Water Storage - The purpose of this agenda item is to talk about a
process by which we would have discussion with the MWRA. on water storage. I will
have a memo for the Board of Selectmen on Tuesday with regard to our
recommendations.
SGT
5e) Hearing - Keeno to Go - Pursuant to the Selectmen's direction, we've advertised and
given notice to the 20 licensed lottery agents in Reading about the hearing at 9:00 p.m.
We have heard nothing to date from any of the licensed agents.
5f) Review Annual Town Meeting Warrant - Enclosed is the Warrant Report which we will
send to the printers on the 9th and make available to Town Meeting Members beginning
at the end of the day on Friday, April 11, 2008.
5g) Bob LeLacheur has worked to refinance School debt. This is a fairly complex transaction
that Bob will explain to you on Tuesday night. Attached is a copy of the press release
with regard to this item. We will also have a motion' for the Board of Selectmen for
action on Tuesday night.
PIH/ps
S,e
LEGAL NOTICE .
' TbWN OF READING
To the Inhabitants of 'the
Town of Reading:
Please take notice ..that:. floe
'9 _ of electms ON e4' wrt r
` Rea:dm ;wj l ~haf 3 pta lie
hearing o0 T.uesday, April 8,,.
2008: at 9:a0 th; .
Selktman's Meeting Room, .1
.LoawelT Street,:. Reading;
Massac.hui.s'etts to., .cons d.er:
whether or-not to. opt. out of the
gatrte:
new "Keho4o-Go" lottery
..All interested-: parties * m;ay
' appear in pe;rsoq, may submni~t
t:he:ir eo.rnri ..e tsF Jn"'wr'itin:g, or
may.,email::coi4n6his to`town:
'manader@ci;reading:ma ws.
By, order. of.
Peter F.
Hechenbloikne.r
Town,Manager
411.
s ~2
60 ealca~sAio .Street
Vwor w, 02184-1738
74904 P. epee
7aeaa. and ,Fete. 57--''d
March 18, 2008
Dear Government Official:
~zecutive Dviectoz
Due to a computer program malfunction, the recent letter we sent you on KENO to go had an
error.. We apologize for any inconvenience.
Enclosed, please find a corrected copy of the letter.
•o
Sincerely,
Dan Rosenfeld
Director of Communications
3a
~ p, 3
74ada# P. e4" .tee ,~a#.eruy L~utt~uSddta~2 %
'fzect¢aar~c acrd ~c Pn C rmaC 60 edou4w .Steet $xeeutuse 7~uceeton
naurt~cee, 02184-1 ?38
March 18, 2008
Mr. James Bonazoli
Chair Board of Selectmen
16 Lowell Street
Reading, MA 01867
Dear Mr.Bonazoli:
The Massachusetts State Lottery's commitment to our 351 cities and towns is the
bedrock principle that guides our daily activities. Every community from the
Berkshires to Cape Cod. is counting on us to raise revenue for police officers,
firefighters, teachers and other essential municipal services.
During .these times of tight budgets and soaring costs, we are redoubling our efforts
to help you serve your constituents. The Massachusetts State Lottery is in the midst
of its best year ever, with sales projecting to increase by more than 6 percent, along
with profits of more than $900 million.
The Massachusetts Municipal Association notes that Lottery profits are the sole
source of unencumbered revenue for Reading and the other 350 cities and towns.
Reading received $2,499,940 in Lottery aid this year alone.
We are always searching for new initiatives to maintain and increase aid to
Massachusetts communities. Our latest venture, KENO to go, will raise .millions
more for communities with no added state or local expenditure.
We propose selling KENO tickets at all existing agents rather than the limited
number who currently offer the game. These new. transactions would be identical to
customers buying tickets for our other on-line games, such as Megabucks and Mass
Cash.
S¢~
CONFIDENTIAL
As part of this program, we would not be adding any KENO screens to any
establishment in any community in the Commonwealth. There would be no
apparent difference in Lottery transactions to the average customer.
Players would be able to take tickets home and check their numbers on their
computer. This policy provides all Lottery customers the opportunity to play KENO.
We are contacting every community to inform officials of this change, and we are
offering to discuss KENO to go in greater detail with you or any member of
municipal government. Furthermore, any community reserves the right to opt out of
the KENO to go program.
We hope that you will choose to work with us as we attempt to raise more revenue
for your town. We are confident KENO to go will be a reliable source of additional
revenue for our communities in 2008 and for years to come.
Please feel free to contact me at 781-849-5555 or at kenolettersOmasslotterv.com to
discuss this, or any other issue pertaining to the Massachusetts State Lottery. Thank
you for your attention to this matter.
Sincerely,
Mark J.Cavanagh
Executive Director
~~S
w6w"kWav Sete do" eootwaam
60 1~aeuodiaroa Stwa
`'zaioctzee, addael~u¢ettd 02184-173ff
7d: 17811 849-5555
Sax: (70 849-5546
17811 849-5678
TIMOTHY R CAHILL MARK J CAYANAGH
7V, A ^ ~ and Rw, . C7,e~ ' gzelda ae Ddceetac
Licensing Authority
March 14, 2008
Dear Sir/Madam:
In accordance with Massachusetts General Laws, chapter 10, section 27A, (as
amended on 5/20/96), you are hereby notified that current Lottery agents in* your
city/town are now eligible for a new type of Keno license, specifically to sell "Keno-to-
Go." The details of this new Massachusetts State Lottery Commission (MSLC) product
are described in the enclosed letter from MSLC Executive Director Mark J. Cavanagh.
A list of eligible agents is also enclosed with this letter..
If the city/town objects to the issuance of a "Keno-to-Go" license, it must claim
its right to a hearing before the MSLC within twenty-one (21) days of receipt of this _
letter.
In accordance with section 27A (b), the objection of the city or town must be "as
a result of an official action" taken by said city or town regarding the Keno-to-Go
applicant. In order to be fair and apply the same criteria to. all cities, towns, and
applicants, the MSLC defines an "official action" to be one in which the applicant
appeared, or was given the opportunity to appear, before the licensing authority to discuss
the issue at the local level in a open hearing or meeting prior to the hearing at the MSLC.
Please address your written objection to me, or if you have any questions, please
feel free to contact me at the above address. I can also be reached at (781) 849-5515.
V
Charles
General
CRM/ps
Enc.
ITHEtARTEit i
Supporting the 351 Cities and Towns of Massachusetts
Visit our Web Site: wwwniasslottery.com
041
Official City ( Name ( Address
( City ( Zip
READING AMER LEGION POST-62 137 ASH ST PO BOX-148 , READING 01867
` ATLANTIC FOOD MART 130 HAVEN ST I READING 1018671
B Y #347 125 HAVEN STREET ( READING 1018671
3 ( 15 BOLTON STREET ( READING 01867
BUSA'S READING LIQUORS 345 MAIN ST ( READING 101867
CUMBERLAND F46 #3377 (295 SALEM ST ( READING (01867
GULF EXPRESS 185 MAIN ST ( READING 01867
J K'S MARKET (212 MAIN ST ( READING 01867
LITTLE CHUCK'S DELI (245 WASHINGTON ST ( READING 01867
MAIN STREET MOBIL (178 MAIN ST ( READING 01867
NORTH SIDE LIQUORS 1 150 MAIN ST ( READING 101867
P & S CONVENIENT 287 LOWELL ST ( READING (01867
READING QUICK STOP (519 MAIN ST READING 01867
READING SERVICE (1330 MAIN ST ( READING (01867
READING SHELL 187 WALKERS BROOK DR ( READING (01867
READING STATION COFFEE DEPOT 132 LINCOLN ST ( READING 01867
SHELL FOOD MART II ! 110 MAIN ST ( READING 01867
SQUARE LIQUORS 113 HIGH ST ( READING 01867
STOP & SHOP #488 125 WALKER BROOK DR I READING 1.01867
WEST ST MOBIL 14 WEST ST ( READING 01867
S~-7
60 Columbian Street 8raIntree, MA 021 a4
(781)849-5515 , (781)849-5579 Fax
Fax,
To: Peter Hechenblaikner
Fa: ('101) 942-9071.
Phone:
Re: Keno-To-Go extension
From: Charles McIntyre, General Counsel
Pages: 3
Date: March 27,200a
❑ Urgent X For ReWew Q Please Comment ❑ Please Reply ❑ Please Recycle
r Comments:
Dear Mr. Hechenbleikner:
Your request for. an extension has been approved. If you have any further questions, please
contact me at (781) 849-5515:
Very truly yours,
Charles R. McIntyre
General Counsel
STATEMENT CE CONFIDENTIALITY
The documents transmitted by this facsimile contain confidential and privileged information. This
information is intended for the use of the addressee named on this transmittal sheet. If you are not the
addressee, any disclosure, photocopying, distribution or use of its contents is prohibited. If you have
received this facsimile in error, please call us immediately so that we can arrange to retrieve the original
documents.
s¢~
OFJ?
Town of Reading
moo. Ewa 16 Lowell Street
s. e
,NCo~ Q Reading, MA 01867-2685
FAX: (781) 942-9071
Email: townmanager@ci.reading.ma.us
March 27, 2008
Charles McIntyre
General Counsel
Massachusetts State Lottery Commission
60 Columbian Street
Braintree, MA 02184-1738
Dear Mr. McIntyre;
TOWN MANAGER
(781) 942-9043
Thank you for talking to me on the phone about the "opt out" process for Keeno-to-Go" and for
discussing questions of alternate electronic access to the internet that could be engaged in the
premises of licensed agents that may sell "Keeno-to-Go." I look forward to hearing back from
you about the electronics.
We ask for an extension through April 15, 2008, of the timeframe within which the Reading
Board of Selectmen has to make a decision of whether or not to opt out of "Keno-to-Go."
i anks for your consideration of this request.
Sin erely/
Peter I. Hechenbleikner
Town Manager
PIH/ps
Se`s
5e)* Hearing - Keeno to Go - Pursuant to the Selectmen's direction, we've advertised and
given notice to the 20 licensed lottery agents in Reading about the hearing at 9:00 p.m.
We have heard nothing to date from any of the licensed agents.
5f) Review Annual Town Meeting Warrant - Enclosed is the Warrant Report which we will
send to the printers on the 9th and make available to Town Meeting Members beginning
at the end of the day on Friday, April 11, 2008.
5g) Bob LeLacheur has worked to refinance School debt. This is a fairly complex transaction
that Bob will explain to you on Tuesday night. Attached is a copy of the press release
with regard to this item. We will also have a motion for the Board of Selectmen for
action. on Tuesday night.
PIH/ps
S~
DRAFT -April 28, 2008 Annual Town Meeting
WARRANT OUTLINE 04/04/2008
Art. Mover/ Moderator
# Article Description Sponsor Comment Notes
1 j I:lcc lit~n I •
~ r ~ "c3 fin. } 1~ 4l
1r~slru~Uon~ i3o~u-d 01 ti~rlccon~cn •
Ulm
s f~l
4 Amend Capital Improvement Board of Selectmen •
Program FY 2008 - FY 2017
inl :Ild l l' '.l)U~ i~u~l~xct Hourtl uCSclccu»cn ~ •
b. J 4 7 ~'t'f 7 t ~ } _ r ~ c ~ c,,` 1 : r ..r 1DC~~ r:'~~ a 5 ~ '
a 1-
_ Pu~~ prior cans hills 13ourcl of Sclcc~In cn s
7 Approve FY 2009 - FY 2018 Capital Board of Selectmen •
Improvement Program
8 Approving Chapter 90 Board of Selectmen
< 1 )Irho,,ti tior1);os tangible property Board of Selectmen •
uI'Ll ICk,(d II fUIId ~Irtt,u"(ltl~~cleetmen 1
1_ ~~ttcct \ccchlancc fimt~~h~ I'I~l~c ht~~u-tlt~t ~clcc~»ici~
13 All Alcoholic Liquor Licenses for Board of Selectmen •
Restaurants with 100 seats or less
14 l;cm~ ~ al ul~lo~ n '~Iectint~ nicn~h~rs 13o~u-~I o(~~clccUricn ~ ~
fi;~ ~+'1 W`f ~S $ L~ }.i.Gi 1`Ih 3 ~ ~::2 !1 ~ =11 Si ~i L ~ 3. ~ FG 'f'.♦ ~ f ~ nY`~ ( ? 5 .15~ 1 1 -:I
r ~
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7~
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,•y i
~t e
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Officer's Return, Reading:
By virtue of this Warrant, I, on notified and warned the
inhabitants of the Town of Reading, qualified to vote on Town affairs, to meet at the
place and at the time specified by posting attested copies of this Town Meeting Warrant
in the following public places within the Town of Reading:
Precinct 1 J. Warren Killam School, 333 Charles Street
Precinct 2 Peter Sanborn Place, 50 Bay State Road
Precinct 3 , Reading Police Station, 15 Union Street
Precinct 4 Joshua Eaton School, 365 Summer Avenue
Precinct 5 Town Hall, 16 Lowell Street
Precinct 6 Austin Preparatory School, 101 Willow Street
Precinct 7 Reading Library, Local History Room, 64 Middlesex Avenue
Precinct 8 Wood End School, 85 Sunset Rock Lane
The date of posting being not less than fourteen (14) days prior to February 5, 2008, the
date set for the Local Election in this Warrant.
I also caused an attested copy of this Warrant to be published in the Reading
Chronicle in the issue of
Thomas H. Freeman, Constable
A true copy. Attest:
Cheryl A. Johnson, Town Clerk
2008 Annual Town Meeting report 1
13
J
TOWN WARRANT
(Seal)
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
To any of the Constables of the Town of Reading, Greetings:
In the name of the Commonwealth of Massachusetts, you are hereby required to
notify and warn the inhabitants of the Town of Reading, qualified to vote in the
Presidential Primary and Local Elections and Town affairs, to meet in the following place
designated for the eight precincts in said Town, namely:
Precincts 1. 2. 3.4. 5. 6. 7 and 8
RMHS Hawkes Field House. Oakland Road
TUESDAY, the FIFTH DAY OF FEBRUARY, A.D., 2008
from 7:00 a.m. to 8:00 p.m. to act on the following Articles, viz:
ARTICLE 1 To cast their votes in the Presidential Primary for the candidates
of political parties for the following offices:
PRESIDENTIAL PREFERENCE ......................................FOR THIS COMMONWEALTH
STATE COMMITTEE MAN ..................MIDDLESEX & ESSEX SENATORIAL DISTRICT
STATE COMMITTEE WOMAN ............MIDDLESEX & ESSEX SENATORIAL DISTRICT
TOWN COMMITTEE ...........................................................................................READING
and
To elect by ballot the following Town Officers:
A Moderator for one year;
Two members of the Board of Selectmen for three years;
One member of the Board of Assessors for three years; one
member for one year;
Two members of the Board of Library Trustees for three years;
One member of the Municipal Light Board for three years;
Two members of the School Committee for three years; and
seventy two Town Meeting Members shall be elected to represent
each of the following precincts:
Precinct 1
Eight members for three years; one member for two years;
one member for one year;
Precinct 2
Eight members for three years; two members for one year;
Precinct 3
Eight members for three years; one member for one year;
Precinct 4
Eight members for three years; one member for two years;
Precinct 5
Eight members for three years; one member for one year;
Precinct 6
Eight members for three years;
Precinct 7
Eight members for three years;
Precinct 8
Eight members for three years; one member for one year.
2008 Annual Town Meeting report 2
L
S1-
and to meet at the Reading Memorial High School, 62 Oakland Road, in said Reading
on
MONDAY, the TWENTY-EIGHTH DAY OF APRIL A.D., 2008
at seven-thirty o'clock in the evening, at which time and place the following Articles are
to be acted upon and determined exclusively by Town Meeting Members in accordance
with the provisions of the Reading Home Rule Charter.
ARTICLE 2 To hear and act on the reports of the Board of Selectmen, Town
Accountant, Treasurer-Collector, Board of Assessors, Director of Public Works, Town
Clerk, Tree Warden, Board of Health, School Committee, Contributory Retirement
Board, Library Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees,
Community Planning & Development Commission, Town Manager and any other
Official, Board or Special Committee.
Board of Selectmen
Background: This Article appears on the Warrant for all Town Meetings. At this Annual
Town Meeting, the following report(s) are anticipated:
♦ State of the Town - by the Chairman of the Board of Selectmen
Finance Committee Report: No report.
Bviaw Committee Report: No report.
ARTICLE 3 To choose all other necessary Town Officers and Special
Committees and determine what instructions shall be given Town Officers and Special
Committees, and to see what sum the Town will vote to appropriate by borrowing or
transfer from available funds, or otherwise, for the purpose of funding Town Officers and
Special Committees to carry out the instructions given to them, or take any other action
with respect thereto.
Board of Selectmen
Backaround: This Article appears on the Warrant of all Town Meetings. There are no
known Instructional Motions at this time. The Town Moderator requires that all proposed
Instructional Motions be submitted to the Town Clerk in advance so that Town Meeting
Members may be "warned" as to the subject of an Instructional Motion in advance of the
motion being made. Instructional Motions are normally held until the end of all other
business at Town Meeting.
Finance Committee Report: No report.
Bvlaw Committee Report: No report.
ARTICLE 4 To see if the Town will vote to amend the FY 2009 - FY 2018
Capital Improvements Program as provided for in Section 7-7 of the Reading Home Rule
Charter and as previously amended, or take any other action with respect thereto.
Board of Selectmen
r
2008 Annual Town Meeting report 3
Background: This Article is included in every Town Meeting Warrant. Town Bylaw
prohibits Town Meeting from approving any Capital Expenditure unless the project is
included in the Capital Improvements Program (CIP).
The following amendments to the FY 2009 - FY 2018 CIP are proposed for this
Town Meeting:
Revise: C2 - School Building Improvement ($45,000) addition to $50,000 from
November 2007 Town Meeting to finish work on the Killam roof
08 - Public Safety - Fire ($115,000) move item from FY 2009 to replace
turnout gear (2003 - 5 year maximum life)
C14 - Parks & Recreation ($40,000) move item from FY 2009 to replace
flag pole in Town Common
Finance Committee Report: The Finance Committee recommends the subject matter
of this Article by a vote of 8-0-0.
Bvlaw Committee Report: No report.
ARTICLE 5 To see if the Town will vote to amend one or more of the votes
taken under Article 13 of the Warrant of the Annual Town Meeting of April 23, 2007, as
amended by Article 4 of the November 13, 2007 Subsequent Town Meeting; and to see
what sum the Town will vote to appropriate by borrowing or transfer from available
funds, or otherwise, as the result of any such amended votes for the operation of the
Town and its government, or take any other action with respect thereto.
Finance Committee
Background: The following budget amendments are proposed for the FY 2008 Budget:
General Fund - Waaes and Expenses
Account Line
Description Decrease
Increase
B9
Benefits - Non-Contributory $18,000
Retirement
D3
Debt Service (preliminary estimate) $47,000
N17
Finance Expenses: School and Town
$ 25,000
>Phone redundancy - $10,000
>Email backup - $15,000
P1
Library Salaries - Extended Sick
$ 6,600
Leave
Q23
Community Services Expenses -
$ 24,500
>Veteran's Assistance $15,000
>Travel and Prof. Devel. - $9,500
R7
Public Safety Salaries - Fire (OT)
$ 15,000
2008 Annual Town Meeting report 4
G
Account Line
Description
Decrease Increase
R8
Public Safety Expenses - Police
$ 9,300
Academy (reimbursed by Officers
into the General Fund)
S14
Public Works Salaries - Vacant
$60,000
positions for portions of the year
S15
Public Works Expenses
$131,100
>Highway Contractual $40,000
>Highway Supplies $60,000
>Patching $4,000
>Road Project $27,100
S16
Public Works - Street Lighting
$10,000
S17
Public Works - Rubbish Collection/
$50,000
Disposal
S18
Public Works Expenses - Snow & Ice
$491,800
Subtotals I • $185,000 ( $703,300
Net from Free Cash ( ( $518,300
Finance Committee Report: The Finance Committee recommends the subject matter
of this Article by a vote of 8-0-0.
Bylaw Committee Report: No report.
General Fund - Capital
Account Line Description Decrease
Increase
C2 School Building Improvements
$ 45,000
> Kiliam roof repairs (in addition to the
$50,000 from November 2007 Town
Meeting)
C8 Public Safety - Fire
$115,000
> Replace Firefighter turnout gear
(2003 with a maximum useful life of
5 years)
C14 Parks and Recreation
$ 40,000
> Replace flag pole in Town Common
Subtotals
$ 200,000
I ( Net from Free Cash +
$ 200,000
Finance Committee Report: The Finance Committee recommends the subject matter
of this Article by a vote of 8-0-0.
Bvlaw Committee Report: No report.
2008 Annual Town Meeting report 5
Enterprise Funds
Account Line Description Decrease
W5 Water Fund
• Salaries (MWRA valve)
• Expenses $46,000
• Debt Service $7,000
• Prior year's capital $84,000
Subtotals $137,000
Net from:
• Water Reserves (for W5)
• Sewer Reserves (for X5)
• Storm Water Reserves (for Y5)
Increase
$137,000
$137,000
$0
$0
$0
Finance Committee Report: The Finance Committee recommends the subject matter
of this Article by a vote of 8-0-0.
Bvlaw Committee Report: No report.
ARTICLE 6 To see if the Town will vote to authorize the payment during Fiscal
Year 2008 of bills remaining unpaid for previous fiscal years for goods and services
actually rendered to the Town, or take any other action with respect thereto.
Board of Selectmen
Background: There are no known prior year's bills and, therefore, it is likely that this
Article will be indefinitely postponed.
Finance Committee Report: No report.
Bvlaw Committee Report: No report.
ARTICLE 7 To see if the Town will vote to approve the FY 2009 - FY 2018
Capital Improvements Program as provided for in Section 7-7 of the Reading Home Rule
Charter, or take any other action with respect thereto.
Board of Selectmen
Background: Please see the Blue Pages in the Appendix of this report for the FY
2009 - FY 2018 Capital Improvements Program.
Finance Committee Report: The Finance Committee recommends the subject matter
of this Article by a vote of 8-0-0.
Bvlaw Committee Report: No report.
2008 Annual Town Meeting report 6
S~~
ARTICLE 8 To see what sum the Town will vote to appropriate by borrowing,
whether in anticipation of reimbursement from the State under Chapter 44, Section 6,
Massachusetts General Laws, or pursuant to any other enabling authority or from the tax
levy, or transfer from available funds, or otherwise, for highway projects in accordance
with Chapter 90, Massachusetts General Laws, or take any other action with respect
thereto.
Board of Selectmen
Backaround: The purpose of this Article is to make Chapter 90 funds for road
improvements available to the Town. The Article authorizes debt in anticipation of receipt
of the grant but the Town has never sold debt for these projects. The funds will not be
borrowed but authorizing the borrowing allows the community to plan for projects with
certainty that they will be funded. The FY 2009 Chapter 90 allocation is $445,122 but
was unknown at the time that the Finance Committee reviewed the Warrant and made
their recommendations. The expectation is that the State will approve the Transportation
Bond Bill and formally release the amount prior to the April 28 Annual Town Meeting.
Finance Committee Report: Action pending. The amount of the Chapter 90 allocation
by the State is not known at the time of printing of this Warrant and, hopefully, will be
available prior to Town Meeting.
Bylaw Committee Report: No report.
ARTICLE 9 To see if the Town will vote to authorize the Board of Selectmen to
sell, or exchange, or dispose of, upon such terms and conditions as they may determine,
various items of Town tangible property, or take any other action with respect thereto.
Board of Selectmen
Background: The following list of intangible property with a value in excess of $5,000 is
proposed for disposition under this Article. Between now and Town Meeting, there may
be additional items added to the list.
Department i Equipment
Fire Engine 3 1986 Pirsch Hahn Fire Engine
Ladder 1 1991 E-One 110' aerial
DPW 1996 Chevrolet Dump Truck
Three (3) 1997 Ford Pick-up Trucks
1993 Ford Sedan
1994 Caterpillar Loader 928F
1988 International Bucket Truck
1995 Holder Sidewalk Plow
1995 SKAG Lawnmower
Police Two (2) Police Cruisers, two (2) Motorcycles
• Fire - Engine 3 will become surplus on March 18, 2008 when we place the new
engine in service. We traded a 1979 Mack when we purchased our new engine.
We then received a 1986 Mack fire engine from Wakefield. Our current ladder truck
will be surplus in October or November of this year when we take delivery of our
new ladder truck.
2008 Annual Town Meeting report 7
• DPW - Various vehicles to be traded or auctioned.
• Police - The Town will be trading in two Police vehicles for replacement.
Finance Committee Report: Action pending. The full list of equipment to be disposed
of was not available at the time the Finance Committee voted on the Warrant but is now
included above.
Bvlaw Committee Report: No report.
ARTICLE 10 To see what sums the Town will vote to appropriate to establish
revolving funds under Chapter 44, Section 53E'/2 for any or all of the following purposes:
♦ Using the receipts generated through the sale of compost and recycling bins to
purchase additional compost and/or recycling bins, said expenditures to be
administered by the Public Works Director;
♦ Administering the consultant fee provision of the Reading General Bylaws Section
5.7, Wetlands Protection, said expenditures to be administered by the Conservation
Commission;
♦ Using all or part of the receipts generated from the issuance of Building, Plumbing
or Gas, and Wiring and other permits for the Archstone Development, the Johnson
Woods Development, and/or the Addison-Wesley/Pearson development to pay the
costs of legal expenses, oversight and inspection, plan review, initial property value
appraisal and appeals, and general management of the Community Services
operations related to that development; and to pay for curb, sidewalk, and pedestrian
improvements, and to pay for related expenditures, said expenditures to be
administered by the Town Manager;
Operating public health clinics and any related expenses which fund shall be credited
with receipts from clinic fees and third party reimbursement administered under the
authority of the Health Services Administrator acting with the approval of the Town
Manager;
and to determine the total amount of expenditures during Fiscal Year 2009 which may
be made from each such fund, or take any other action with respect thereto.
Board of Selectmen
Backqround:
• Compost Bin Revolvina Fund - There is an available balance of $1,349.12 as of
February 28, 2008 in this revolving fund for home composting bins. This fund was
set up to use State grants to purchase compost bins, and resell them to residents at
a reduced price. The amount available is sufficient to purchase 27 bins. Since
1994, the Town has sold 708 bins and we have 0 in stock now. Annual re-
authorization of this revolving fund is required under the grant, and will allow the
Town to continue this worthwhile program. The use of the bins results in fewer
vehicle trips to the compost area thereby reducing congestion and the use of fuel.
These bins provide an alternative for residents to compost their own materials on
site.
• Conservation Consulting Revolvinq Fund - There was no activity in the
Conservation Consulting Revolving Fund during Fiscal Year 2008. The balance
remains at zero. The Conservation Commission voted unanimously to support
2008 Annual Town Meeting report 8
0'
Article 10 of the Warrant, re-authorizing the revolving fund in the amount of
$25,000.
Inspections Revolvina Fund - Beginning in 2004, Town Meeting approved the
inspections revolving funds as a way to deposit building and other permit fees, and to
use them directly purposes of. plan review, inspections, legal expenses, initial
property value appraisal and appeals, and general management of the Community
Services operations related to three developments, as well as for the construction of
curbs, sidewalks and pedestrian safety improvements.
The balances available as of March 31, 2008 in these funds are $292,107.
The balance does not reflect current fiscal years expenditures that are committed for
the Inspector and Staff Planner salaries. The total expenses to be authorized during
FY 2009 is expected to be up to $200,000.
Health Clinic Revolvina Fund - The Reading Health Division contracts for third
party payments for a number of immunizations. The funds are used to augment the
influenza vaccine supply from the State Department of Public Health to insure
vaccine for the homebound clients and first responders. The Reading Health Division
also uses these funds for meningitis prevention vaccine for adolescents, and
materials for cholesterol, glucose and tuberculosis screening clinics. Clinic client
fees are also deposited into this fund to offset vaccine and clinical supply costs. The
necessary amounts used for clinic vaccine, supplies and staff salaries related to the
clinics each year directly from the revolving fund is approximately $25,000.
Finance Committee Report: The Finance Committee recommends the subject matter
of this Article by a vote of 8-0-0.
Bvlaw Committee Report: No report.
ARTICLE 11 To see if the Town will vote to determine how much money the
Town will appropriate by borrowing, or from the tax levy, or transfer from available funds,
or otherwise, for the operation of the Town and its government for Fiscal Year 2009
beginning July 1, 2008, or take any other action with respect thereto.
Finance Committee
Background: Please see the Yellow pages in the Appendix of this report for the
FY 2009 Budget.
Finance Committee Report: See the votes in the yellow section of this report.
Bvlaw Committee Report: No report.
ARTICLE 12 To see if the Town will vote to accept the report of the Board of
Selectmen upon the laying out as a public way the following described private way under
the provision of law authorizing the assessment of betterments, such ways being laid out
in accordance with plans duly approved by the Board of Selectmen; and to authorize the
Board of Selectmen to take such ways under the provision of law authorizing the
1
2008 Annual Town Meeting report 9 57 1
assessment of betterments, in fee or rights of easement therein by eminent domain,
under the provisions of Chapter 79 of the General Laws, as amended, or acquire said
lands in fee or rights of easement therein by purchase, gift or otherwise and to assess
betterments therefore, the plans and descriptions for such way being filed in the Office of
the Town Clerk in accordance with the statutory requirements; and to see what sum the
Town will vote to appropriate by borrowing, or from the tax levy, or transfer from
available funds, or otherwise, for the acquisition of said lands or easements therein or for
payment of any eminent domain damages and for the construction of said ways, or take
any other action with respect thereto.
• Timothy Place
• Nugent Lane
Board of Selectmen
Backaround: This Article will be indefinitely postponed. The developer in each case
has not completed the final as-built drawings of the subdivision and, therefore, no action
can be taken under this Article at this time.
Finance Committee Report: No report.
Bviaw Committee Report: No report.
ARTICLE 13 To see if the Town will vote to approve a home rule petition to the
General Court which would permit the Board of Selectmen to allow some or all
restaurants holding an All Alcoholic Restaurant Liquor License to have less than 100
seats subject to rules and regulations established by the Board of Selectmen, or take
any other action with respect thereto.
Board of Selectmen
Backaround: The options for restaurants in Reading for liquor licenses are:
• Restaurants with 100 or more seats are eligible only for an "all alcoholic" license.
By statute, there are a total of 24 such licenses available, and 13 licenses
(including four clubs) are currently issued.
• Restaurants with fewer than 100 seats are eligible only for a "wine and malt" liquor
license, and cordials are not part of that license. By statute, there are 5 such
licenses available, and 2 licenses have been issued.
The 2008 Annual Town Meeting Warrant contains an Article to petition the General
Court to allow the Board of Selectmen to issue "all alcoholic" licenses to restaurants with
fewer than 100 seats.
The Board of Selectmen supports this change in order to give the Town more
flexibility in encouraging economic development in the Downtown area of Reading. Because
of the pattern of development in Reading, there are a limited number of sites where a 100
seat restaurant could be accommodated, and some specialty restaurants would appropriately
have an "all alcoholic" license even if they have fewer than 100 seats.
2008 Annual Town Meeting report 10
The proposed change would not increase the total number of liquor licenses in
Reading - it would merely give the Board of Selectmen, under their rules and regulations, the
ability to issue "all alcoholic" licenses to some smaller restaurants.
In considering this issue, the Board of Selectmen has collected considerable data and
input, and the following is a summary of that information and input.
• Data on number of licenses of different classes are available under State statute
and regulation, and how many are issued -
❑ "All Alcoholic" restaurant licenses - Nine restaurants and four clubs -
total of 13 issued. A total of 24 are permitted;
❑ "Beer and Wine" restaurant licenses - Two are issued, and a total of
five are permitted.
• Data on what other neighboring communities, and communities with successful
downtowns do with respect to this issue. We secured information on 17
communities, including the communities that immediately abut Reading.
❑ Of the 17 communities, only five - Belmont, Melrose, Wilmington,
Winchester and Woburn - have the same 100 seat restriction for "all
alcoholic" restaurant licenses.
❑ One other community - Arlington - has a 99 seat minimum
requirement, and Stoneham has a 50 seat minimum requirement.
❑ All other communities in the sample have no minimum seat
requirement for an "all alcoholic" restaurant liquor license.
• Input from existing community organizations:
❑ Reading Coalition Against Substance Abuse (RCASA) - On January
31, 2008, the RCASA Board discussed this issue and has no problems
with it as proposed.
❑ Reading/North Reading Chamber of Commerce - The Chamber of
Commerce Board met and had no problems with the proposal, and
solicited input from its members. Member input was unanimous in
recommending the change.
❑ Economic Development Committee - The Town of Reading Economic
Development Committee unanimously recommended the change as
proposed.
❑ General public hearing - Notice in the newspapers, RCTV, and mailed
to Town Meeting Members on March 11, 2008. There were no
objections to the proposal.
The proposed motion under this Article would eliminate the 100 seat requirement
for "all alcoholic" restaurant liquor licenses, and would rely on the Board of Selectmen as
licensing authority to establish regulations as to the minimum number of seats and other
requirements.
2008 Annual Town Meeting report 11
Procedurally, if this Article is approved by Town Meeting, then a Home Rule bill
would be filed in the legislature and, if passed, then this matter would appear on the
ballot at the next Town Election in April 2009.
The following is the proposed motion under this Article:
Move that the Board of Selectmen be authorized to file Home Rule Legislation that
would place on a ballot at a subsequent election a question as to whether the Board of
Selectmen would be authorized to issue licenses for the sale of all alcoholic beverages,
to be drunk on the premises, to restaurants that have a seating capacity for less than
one hundred persons, subject to rules and regulations to be established by the Board of
Selectmen, provided that the Legislature may reasonably vary the form and substance of
the requested legislation within the scope of the general public objectives of this petition.
HOME RULE LEGISLATION/SEAT RESTRICTION ALL ALCOHOL
RESTAURANT LICENSE
"An Act Reducing the Minimum Seating Capacity of Certain Restaurants in the Town of
Reading.
Section 1. Notwithstanding the provisions of Chapter of The Acts of , An Act
Relative to the Granting of Licenses Restaurants in the Town of Reading, or any other
special act or general law to the contrary, the Selectmen of the Town of Reading shall
cause to be placed on the official ballot used in the Town of Reading by the registered
voters thereof at the Annual Town Election to be held in the year 2009 the following
question:
Shall the Board of Selectmen be granted the authority to issue licenses for the sale of all
alcohol beverages to be consumed on the premises to restaurants with a seating
capacity of less than one hundred persons?
Yes No
Section 2. The Board of Selectmen of the Town of Reading is hereby authorized to
and shall include a summary of the aforesaid question to be printed on the ballot along
with the question as stated in section one and to print said summary.
If a majority of the votes cast in said Town in answer to said question is in the
affirmative, said Town shall be taken to have authorized the sale in said Town of all
alcoholic beverages to be drunk on the premises for restaurants having a seating
capacity of less than one hundred persons. Said licenses shall be subject, however, to
all the other provisions of said Chapter 138.
Section 3. This act shall take effect upon its passage."
Finance Committee Report: No report.
Bviaw Committee Report: The Bylaw Committee recommends this Article by a vote
of 3-0. The Bylaw Committee fully recommends the approval of Article 13 with the view
that it will enhance economic development in the Town.
2008 Annual Town Meeting report 12
ARTICLE 14 To see if the Town will vote, pursuant to Section 2-6 of the
Reading Home Rule Charter, to declare the seats of certain Town Meeting Members to
be vacant and remove certain described persons from their position as Town Meeting
Members for failure to take the oath of office within 30 days following the notice of
election, or for failure to attend one half or more of the Town Meeting sessions during
the previous year, or take any other action with respect thereto:
Precinct 1
Steven L. Perry
Precinct 2
Robert L. Green
Lizabeth Ann Malinski
Christopher A. Powers
Karen Lynn Powers
Donald C. Stroeble
Precinct 4
John B. Latham
Precinct 5
Patrick M. Fennelly
Thomas Joseph Quintal
Precinct 6
Diane N. Slezak
Precinct 7
John E. Carpenter
Michael F. Lyons
Michael Carmen Merullo
Precinct 8
Andrew Patrick Murphy
Robert L. Spadafora, Jr.
Board of Selectmen
Background: The Reading Home Rule Charter provides for the removal by Town
Meeting of Town Meeting Members who did not attend at least half of the Town Meeting
sessions during the previous year. There are 15 members who meet those criteria, as
listed above.
At the time of this report, Rob Spadafora from Precinct 8 has submitted his
resignation, and therefore no action is required on his removal.
The remaining Town Meeting Members from Precincts 1, 2, 4, 5, 6, 7 and 8 will,
be asked to meet in a caucus before this Article is taken up, and to evaluate the
particular circumstances of each of these situations. The affected precincts will then
make a recommendation to Town Meeting as to whether the member should be
removed.
Finance Committee Report: No report.
Bvlaw Committee Report: No report.
2008 Annual Town Meeting report 13
s->
and you are directed to serve this Warrant by posting an attested copy thereof in at least
one (1) public place in each precinct of the Town not less than fourteen (14) days prior to
February 5, 2008, the date set for the Election in said Warrant, and to publish this
Warrant in a newspaper published in the Town, or providing in a manner such as
electronic submission, holding for pickup or mailing, an attested copy of said Warrant to
each Town Meeting Member.
Hereof fail not and make due return of this Warrant with your doings thereon to
the Town Clerk at or before the time appointed for said meeting.
Given under our hands this 2nd day of January, 2008.
James E. Bonazoli, Chairman
Stephen A. Goldy, Vice Chairman
Ben Tafoya, Secretary
Camille W. Anthony
Richard W. Schubert
SELECTMEN OF READING
Thomas H. Freeman, Constable
2008 Annual Town Meeting report 14
S~ ~
Nowoell
COMMONWEALTH OF MASSACHUSETTS
W OFFICE OF THE GOVERNOR
e State House, Room 360, Boston MA 02133
(617) 727-3600 FAX (617) 727-5291
~ Wp
W
C~O,M®ye y\
N
DEVAL L. PATRICK
GOVERNOR
'T7
TIMOTHY P. MURRAY
LIEUTENANT GOVERNOR i
W
3
April 1, 2008
w
-o
Mr. Peter I. Hechenbleikner
Town of Reading
16 Lowell Street
Reading, MA 01867
Dear'Mr. Hechenbleikner:
Ve are pleased to inform you'd at fhe h'apter 901dcal "transportation aid funding for Fiscal` Year 2009 will `be`$150 rmillion.
Our administration is presently working collaboratively with Speaker
Salvatore DiMasi, Senate President Therese Murray and every other
member of The General Court to finalize the provisions of the
Transportation Bond Bill in order to get this critical local aid into cities and
towns for this construction season. We understand that Chapter 90 funds
are an important tool for cities and towns. These funds help to create 'the
conditions to stimulate economic growth in the short'term and in the long
run. In the short term, they help to create construction jobs throughout the
Commonwealth. In the long run, infrastructure improvements allow for
greater mobility that enhances economic growth, public safety on our
roads, and quality of life for residents throughout Massachusetts.
While the Transportation Bond Bill has not.yet passed; `we are all
confident that this level-of local aid will,enable each, municipality to focus its
efforts on its most important local transportation projects. This letter
certifies that upon passage of the bond bill, the Town of Reading's
Chapter 90 apportionment for Fiscal 2009 is $445,122.
l
Once the Transportation Bond Bill is signed into law, the FY2009
Chapter 90 Governor's apportionment letter will be available on the
Executive Office of Transportation website (http://www.eot.state.ma.us) as
well as in the local MassHighway district offices throughout the state. The
executed Chapter 90 10-year contracts are already posted on the
webpage and serve as the legal binding agreement for this new FY2009
Chapter 90 apportionment. There will be no other contract needed for this
allotment.
We look forward to working closely with your community to ensure
the continuing success of the Chapter 90 program in the years to come.
Governor
Please feel free to contact Catherine Paquette at (617) 973-7564
with any questions you rray have regarding the Chapter 90 program.
Sincerely,
Lieutenant Governor
Chapter 90 on behalf of Brad Jones
Hechenblefter, Peter
From: Martel, Justin (HOU) [Justin. Martel@ state. ma. us]
Sent: Wednesday, April 02, 2008 4:51 PM
To: Town Manager
Subject: Chapter 90 on behalf of Brad Jones
Dear Pete,
Page 1 of 1
q,y-o s &c,5
1 N O'y ~.r 4~
Earlier today a $3.5 billion transportation bond bill was passed in the House without amendments. Most bond bills are
heavily amended by the Legislature to guarantee the advancement of certain projects valued by constituents. However,
this bill was expedited in order to protect essential federal funding. The Senate is expected to pass the bill in the very
near future, but there have been rumors circulating that they will amend the bill. The nature of the changes made in the
Senate could greatly affect the timeframe it would take for this bill to reach the Governor's desk. Yet, the threatened
loss of federal funding will likely provide the necessary impetus for agreement.
As you lz iow, there is a long list of roadway improvements locally and throughout the state that have been prevented
from moving forward due to a lack of funding. You will be pleased to know that the bond bill allows for a $150 million
Chapter 90 program for the purpose of local road improvements and public works for Fiscal Year 2009. The bond bill
apportions $445,122 for Reading's share of this money.
I hope this information is helpful to you. If you have any questions on this matter please feel free to contact me at your
convenience.
Sincerely,
Brad Jones
C
4/3/2008
5e) Hearing - Keeno to Go - Pursuant to the Selectmen's direction, we've advertised and
given notice to the 20 licensed lottery agents in Reading about the hearing at 9:00 p.m.
We have heard nothing to date from any of the licensed agents.
5f) Review Annual Town Meeting Warrant - Enclosed is the Warrant Report which we will
send to the printers on the 9ch and make available to Town Meeting Members beginning
at the end of the day on Friday, April 11, 2008.
5g) Bob LeLacheur has worked to refinance School debt. This is a fairly complex transaction
/ that Bob will explain to you on Tuesday night. Attached is a copy of the press release
with regard to this item. We will also have a motion for the Board of Selectmen for
action. on Tuesday night.
PIH/ps
EAPD Draft 2/18/08
1, the Clerk of the Board of Selectmen of the Town of Reading, Massachusetts, certify
that at a meeting of the board held , 2008, of which meeting all
members of the board were duly notified and at which a quorum was present, the following vote
was unanimously passed, which appears upon the official record of the board in my custody:
Voted: that under and pursuant to Chapter 44, Section 21A, of the General Laws,
and any other enabling authority, there is hereby authorized the issuance and sale of
Refunding Bonds (the "Bonds") of the Town for the purpose of (i) refunding all or any
portion of the outstanding principal amount of any bonds of the Town issued and
presently outstanding (the "Refunded Bonds"), (ii) paying costs of issuance of the Bonds,
(iii) paying any redemption premium associated with the redemption of any of the
Refunded Bonds, and (iv) paying any or all of the interest due on the Refunded Bonds.
1 further certify that the vote was taken at a meeting open to the public, that no vote was
taken by secret ballot, that notice stating the place, date and time of the meeting was filed with
the Town Clerk and a copy thereof posted in the office of the Town Clerk or on the principal
official bulletin board of the town at least 48 hours, including Saturdays but not Sundays and
legal holidays, prior to the time of the meeting and remained so posted at the time of the meeting,
that no deliberations or decision in connection with the authorization or sale of the bonds were
taken in executive session, and that the official record of the meeting was made available to the
public promptly and remains available to the public, all in accordance with G.L. c.39, s.23B as
amended.
Dated: , 2008
Clerk of the Board of Selectmen
B05111 12249372.1 -5 &
oeRegoy Press Release
a~ April 7, 2008
~O,6J5r/NCORP~W~
Financial Update - Town of Reading
In a complex transaction arranged over the past few months, last week the Town reached
separate agreements with the Massachusetts School Building Authority (MSBA) and
Bank of America (BoA) that will provide substantial savings to the Town on debt service
costs.
The MSBA has agreed to pay the Town a one-time payment in excess of $7 million in
exchange for having no further repayment liability on three school projects (Parker,
Joshua Eaton and Birch Meadow).
In a negotiated private placement, BoA has loaned the Town $2.45 million at a net
interest cost of 3.05%. Taken together, the MSBA and BoA funds will be sufficient to
retire old high-interest debt on these three school projects.
BoA has also loaned the Town $2.085 million for the Birch Meadow Tennis Courts
($485,000); a new ladder truck ($800,000); and work on the Water Treatment Plant
demolition and Chlorination projects ($800,000), also at a net interest cost of 3.05%.
In FY09, total debt service for the Town will be reduced by $1.08 million, while expected
payments from the MSBA will decline by over $930,000. Therefore the Town will save
$150,000 in net debt service for the year - an amount that by FINCOM policy will be
used for additional capital projects next year.
5-6=.-3-
M1 1
THE COMMONWEALTH OF MASSACHUSETTS
Number: 2008-2
Fee: $50.00
TOWN OF READING
This is to certify that the ROTARY CLUB OF READING, READING, MASS.
THE ABOVE NAMED SERVICE CLUB
IS HEREBY GRANTED
A SPECIAL ONE-DAY LICENSE
FOR THE SALE OF ALL ALCOHOLIC BEVERAGES
TO BE SERVED ON THE PREMISES
AT A CHARITY AUCTION
AT AUSTIN PREP SCHOOL, 101 WILLOW STREET,
READING, MASS.
ON SATURDAY, APRIL 12, 2008
BETWEEN THE HOURS OF 6:00 P.M. TO 10:00 P.M.
Under Chapter 138, Section 14, of the Liquor Control Act.
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
there" a d expire 10.T0 p.m., April 12, 2008,
,speod or revoked.
~I.
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7
GREGORY W. SULLIVAN
INSPECTOR GENERAL
Peter 1. Hechenbleikner
Town Manager
Town of Reading
16 Lowell Street,
Reading, MA 01867
rmffirt of ttjc 3115pectot onlerilt
JOHN W. WCORMACK
STATE OFFICE BUILDING
ONE ASHBURTON PLACE
ROOM 1311
BOSTON, MA 02106
TEL: (617) 727-9140
FAX: (617) 723-2334
March 28th, 2008 ,
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Document Request No: Reading-03-08
Dear Town Manager, Peter I. Hechenbleikner;
I am writing to request your cooperation, pursuant to M.G.L. c.12A, §9, in providing this
Office with certain information in the possession, custody, or control of the Town of
Reading. Specifically, I am requesting information regarding housing developments built
in Reading under the provisions of M.G.L. c.4013.
I have attached two spreadsheets. The first is labeled Chapter 40B Review and the
second is labeled Chapter 40B Blank. The first, Chapter 40B Review,, contains
information this office has received from MassHousing, Mass Housing Partnership, the
Department of Housing and Community Development (DHCD), and MassDevelopment.
To our knowledge, the information these agencies have submitted is representative of
all Chapter 40B housing projects in Reading which have received site eligibility letters
since 1997.
Chapter 40B Blank is included to provide extra space to record correction and additions
to the information provided.
Please complete the following items to comply with our request:
1) Review the information contained in the spreadsheet Chapter 40B Review.
2) Correct any inaccuracies contained in Chapter 40B Review.
3) Fill in the spaces where no information exists.
4) Identify Chapter 40B related projects missing from the Chapter 40B Review
8°'
Peter I. Hechenbleikner
3/28/08
Page 2 of 4
spreadsheet and enter that information in the Chapter 40B Blank spreadsheet.
5) Provide a contact person to field questions, by including their name, title, and
phone number in the corresponding fields of the Chapter 40B Blank.
Further Instruction and Clarification
To make corrections to Chapter 40B Review, cross out the inaccurate or outdated
information and rewrite the correct information in the same cell. If you find there is not
enough space provided cross out the entire row and copy your corrections along with
the Source/ID# onto the spreadsheet, Chapter 40B Blank. You do not need to copy
over any information that is correct.
To add information for projects that are missing from Chapter 40B Review, enter all the
information into the spreadsheet Chapter 40B Blank.
The following is an explanation of column headings for the included spreadsheets:
Source/ID Number: Identifies the source for a specific project's details. If you add a
new project, add it to the spreadsheet Chapter 40B Blank and write your town name in
the field. If you are entering corrections in Chapter 40B Blank because space was
insufficient in Chapter 408 Review, then copy the Source/ID# for the corresponding row
in Chapter 40B Review onto Chapter 40B Blank.
Development: The name or proposed name of the Chapter 40B related development.
Developer Company: The name of the company or organization that is developing the
Chapter 40B development.
City/Town: The name of the municipality with jurisdiction over the Chapter 40B
development.
Total Units: Total number of units currently proposed or built in a Chapter 40B related
development.
Affordable Units: Number of units offered at below market rates.
Subsidizing Agency: The fund or agency that is subsidizing the Chapter 40B related
development.
Project Type: Clarify the project type. For homeownership enter "Own," if the units are
slated for renters write, "Rent," if the units are for seniors write, "Rent +55" or "Own+55"
Site Approval: Please record the date, in MM/DD/YYYY format, in which the bank,
a
Peter I. Hechenbleikner
3/28/08
Page 3 of 4
subsidizing agency, or project administrator issued a site eligibility letter.
Cost Certification/Date Received: at the completion of a 40B project developers are
required to submit 'a certified cost and income statement to the project's cost monitoring
agent demonstrating that they abided by the conditions set in the regulatory agreement.
Enter the date the certified cost and income statement was received in MM/DD/YYYY
format. If a project has not been completed please list "N/A" for this field. If a project
has been completed for more than six months and the cost certification is still
outstanding please enter "Missing" for this field.
Project Administrator: A project. administrator is a role outlined by DHCD regulations.
Project administrators are tasked with guiding and facilitating 40B projects that are
developed in conjunction with non-governmental entities. This role was created in 2003
and is not applicable to projects whose site eligibility letters were granted before that
time. If this is the case enter, "N/A".
Project Status: Use a sentence or phrase to describe the current status of the Chapter
40B related project. For example: "complete", "under construction", "comprehensive
permit denied".
Cost Monitoring Agent: Identify who is responsible for reviewing the developers cost
certification. It can be a number of different organizations including, but not limited to,
Citizens Housing and Planning Association, the municipality, MassHousing,
Mass Development, and Mass Housing Partnership. This information can be found in the
cost monitoring agreement.
Project Completion Date: Enter the date construction was completed or the, date the
occupancy permit was issued in MM/DD/YYYY format.
Construction Status: Describe the construction status of the Chapter 40B related
project. Enter "Complete", "On-going," or "Not Begun".
Unit Sales: Are unit sales or 'pre-sales of a Chapter 40B related development
complete? If they have not been sold enter "no", if all units have been sold enter "yes".
Comprehensive Permit Issued: Indicate whether a comprehensive permit was issued
by the Zoning Board of Appeals. Answer "yes," or "no".
Regulatory Agreement: Indicate whether a regulatory agreement was executed.
Answer "yes" or "no".
IP`71
Peter I. Hechenbleikner
3/28/08
Page 4 of 4
Please provide the requested information on or before 5:00 PM on Friday, April 11 th
2008 by returning the spreadsheets Chapter 40B Review and Chapter 40B Blanks. If
you have questions about this request, please feel free to contact Paul Chong at 617-
722-8871.
Sincerely,
Gregory W. Sullivan
Inspector General
cc: James F. Bonazili, Chair; Board of Selectman
L ~C~C~
March 26, 2008.
'OWN OF READING
16 Lowell Street
Reading, MA 01867-2683
Phone: 781-942-6612
Fax: 781-942-9071
Email: ckowalski&i.reading.ma.us
COMMUNITY PLANNING &
DEVELOPMENT COMMISSION
TO: BOARD OF SELECTMAN
RE: CPDC PLANNING INITIATIVES FOR 2008
The CPDC has had several hearings and plaipling meetings thus far in 2008. From these
meetings we have developed our two planning initiative for 2008 in accordance with the Master
Plan and from town staff feedback.
1. Downtown 40R Design Standards
Develop the required Design Standards for the Downtown 40R Overlay District in
conjunction with the zoning being developed by the Town's consultant, Housing Partners
Inc (HPI). The design standards will:
• Describe development goals within the District consistent with the design
objectives within the Town's Master Plan and the Housing Plan.
• Establish standards which promote context-sensitive design and creative site
planning.
• Encourage sustainable design practices.
The design standards encompass eight aspects:
i. General Design Principals
ii. Siting
iii. Street Types
iv. Building Location
v. Building Proportion
vi. Parking
vii. Landscaping
viii. Signage & Lighting
The CPDC has been regularly meeting (hearings and planning meetings) to work through
a draft of the Design Standards and we will meet with HPI to review our work in
conjunction and coordination with theirs.
2. South Main Street Design Standards
In an effort to improve the visual appearance and to promote responsible (re)development
of the South Main Street area (from Stoneham town line to Washington Street), the
CPDC will develop Design Standards to promote:
• Appropriate and proportional streetscapes and frontage to restore and improve
Town character and gateway,
• Updated and innovative approaches to site planning and (re)development, and
L
i
• Promote responsible sustainable design practices.
The CPDC anticipates utilizing and modifying the Downtown 40R Design Standards as a
baseline in developing the South Main Street Standards.
In addition to these two specific initiatives, the CPDC will continue to support the ZBA and
Town Counsel in developing modification proposals to the current Zoning Bylaws to address
shortcomings as they arise.
If you have any questions, the CPDC welcomes your feedback and encourage you to attend any
of the upcoming CPDC hearings or planning meetings. Additionally, please feel free to contact
the CPDC if you have any questions or comments.
Sincerely,
COMMUNITY PLANNING AND DEVELOPMENT COMMISSION
Brant Ballantyne, Chairperson
David Tuttle, Secretary
John Sasso
Nicholas Safina
John Weston
BR CKE T'T & LUCAS
COUNSELORS AT LAW
19 CEDAR STREET
GARY S. BRACKETT WORCESTER, MA 01609 OF COUNSEL
JUDITH A. PICKETT 508-799-9739 ELAINE M. LUCAS
JAMES T. MASTERALEXIS FAX 508-799-9799
STEVEN C. FLETCHER* WINCHFSTER OFFICE
ELLEN CALLAHAN DOUCETTE 165 WASIUNGTON STREET
HEATHER W. KINGSBURY WINCHESTER, MA 01890
JASON D. GROSSFIELD 781-729-1500
M. YVONNE GONZALEZ FAX 781-729-5444
*Also Admitted in ME and CO
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M E M O R A N D U M
xa-
TO: Municipal Clients iV
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FROM: Gary S. Brackett, Esquire
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DATE: March 26, 2008
ld7
CC: Heather W. Kingsbury, Esquire
RE: Client Advisory - Reducing Density of Proposed 40B Projects
Woburn Zoning Board of Appeals v. Archstone Communities
Trust and Housing Appeals Committee
This memorandum is submitted as an advisory to our clients to
update you on the status of an important case we are handling which
is pending before the Supreme Judicial Court on direct appellate
review. The case is Woburn Board of Appeals v. Housing Appeals
Committee, Docket No. SJC-10014, and this office represents the
Woburn Zoning Board of Appeals ("Board"). This case presents a
novel issue that has not been addressed by any appellate court in
Massachusetts to date, regarding the standards of review of a
zoning board of appeals' decision approving a comprehensive permit
with conditions, including a reduction in the proposed density of
the project.
The applicant in this case originally presented a proposal to
construct 640 units of housing on a 75 acre parcel. The Board
determined that the project was too large for the site and approved
the project at 300 units and included requirements for certain
mitigation relating to infrastructure and traffic issues. On
appeal, the Housing Appeals Committee ("HAC") concluded that the
developer had failed to meet its burden under the statute that the
project was rendered uneconomic as a result of the limitation of
units and the conditions. However, rather than affirming the
Board's decision, the HAC then proceeded to review the conditions
in the decision, including the density, and decided to require that
the Board approve the project at 420 units. Both parties appealed
to the Superior Court. The Superior Court affirmed the finding that
$61, .
the applicant had failed to meet its burden before the HAC to prove
that the project was uneconomic at 300 units but held that the
Board's decision constituted a "de facto", or constructive, denial.
The Superior Court also concluded that, on the developer's appeal,
the HAC determination of the 420 unit density was unsupported by
substantial evidence. The matter was remanded to the HAC to
present a number which was supported by the record of the hearing.
Despite the Board's objection, the HAC allowed the applicant to
present two new proposals, each of which contained 540 units,
during the remand proceedings, and eventually approved the project
at 540 units, without specifying which of the two proposals had
been approved. The Superior Court affirmed the HAC decision after
remand and the Board appealed. We requested, and were granted,
direct appellate review by the Supreme Judicial Court.
The issue before the Supreme Judicial Court is whether the
HAC, on appeal from a zoning board's decision approving a
comprehensive permit with conditions reducing density, or the
Superior Court, on appeal from a decision of the HAC, has the
authority to convert an approval with conditions to a "de facto",
or constructive, denial. The initial determination by the HAC as
to whether a decision constitutes an approval with conditions or a
denial affects, in a major way, the parties' burdens on appeal
before the HAC. When a project has been approved with conditions
that render the project uneconomic, the developer may appeal the
board's decision to the HAC. The developer bears the burden of
demonstrating that the conditions render the project uneconomic
and, if so, the board must then prove that the conditions are
consistent with local needs. By contrast, on appeal from an
outright denial of a project, or a so-called "de facto", or
constructive, denial, the board bears the initial burden of proving
that the denial is consistent with local needs.
We presented oral argument to the full Supreme Judicial Court
on February 4, 2008. The Court is expected to render a decision
this summer. We will advise you as to the outcome of this
important case and its impact upon future decisions of a board of
appeals on comprehensive permit applications.
Gv
L f (73:S
Town of Reading
16 Lowell Street
Reading, MA 01867-2683
HISTORICAL COMMISSION
(781) 942-6661
historical@ci.reading.ma.us
March 27,2007
TO: Peter Hechenbleikner, Town Manager.
George Zambouras, Town Engineer
Carol Kowalski, Town Planner
Scott Karpinski, J. Marchese & Sons, hic.
FROM: The Reading Historical Commission
RE: Historic Obi ects and Town Common
As the downtown street reconstruction commences, the Historical Colu nission is
very interested to learn of any historic or archeological objects that may be unearthed
during pavement excavation. An old cistern is known to have been built on Lowell St.
near the southern point of the Common and we believe a town well was located near the
juncture of Ash, Main and Haven Streets. We would not expect the discovery of these
items to be of such significance as to interfere with the construction, but do ask for the
opportunity to photograph them before their destruction if they are located. We suggest
that the Town Planner be alerted to any such discovery so that she may, in turn, contact
the Commission.
In addition, we would urge the Town to save unearthed cobblestones (particularly
on Haven St.) for stockpiling, so they may perhaps be used in the future as a decorative
element as the downtown is transformed and revitalized.
Finally, we wish to remind everyone involved that several conditions to protect
the Common were included in the 100% design discussion in 2005. Specifically, the
commission required "that during the construction phase, all storage, stockpiling, parking
and related operations shall be restricted from the Common lands and that all efforts shall
be made to minimize the impact to the Common." Currently, materials are being stored
on portions of the Common and we bring it to your attention so that this practice will not
become an ongoing problem.
Thank you for your attention and sensitivity to the historic value of the
downtown.
g
CSC f~vS
Commonwealth ofMassachusetts
Department of the. State Treasurer
Alcoholic Beverages Control Commission
' 239 Causeway Street
Boston, MA 02114
Telephone: (617) 727-3040
Timothy P. Cahill Far: (617) 727-1258
Eddie J. Jenkins
Treasurer and Receiver General chairman
na
_8
MEMO
TO: Local Licensing Authority
a
FROM: Ralph .Sacramone, Executive Director
co
DATE: March 27, 2008 Ln
V
RE: Guidelines for Extension of Premises to Patio and Outdoor Areas
Please refer to the enclosed document for the Alcoholic Beverages Control Commission
Guidelines for Extension of Premises to Patio and Outdoor Areas for they have been
updated.
We thank you for your cooperation in your attention to this matter.
if you have any further questions feel free to call me at 617-727-3040 Ext. 31 _
Sincerely,
Ralph Sacramone
Executive Director
C
Commonwealth of .Massachusetts
v Department of the State Treasurer
Alcoholic Beverages Control Commission
° 239 Causeway Street
Boston; MA 02114
Telephone: (617) 727-3040
Timothy P. Cahiit Fax. (617) 727-1258
treasurer and Receiver General
GUIDELINES FOR EXTENSION OF PREMISES
TO PATIO AND OUTDOOR AREAS
Eddie J. Jenkins
Chairman
1. Alcoholic beverages cannot be served outside a licensed establishment unless and
until an application to extend the licensed premises has been approved.
2. An application to extend the premises must. describe the area in detail:
dimensions, number of tables and chairs, occupancy figures for inside area.and
outside area, bars, if any, etc.
3. It is essential that the licensee have control of the area in order to preclude service
to underage persons, to intoxicated persons, etc. The premises must be.enclosed
by a fence, rope or other means to prevent patrons or members of the public from
wandering in and out.
4. The outdoor area must be contiguous to the licensed premises and the licensee
should have a view of the outside premises from inside. Egress from the inside to
the outside must be clearly established. This will assure safe, uninterrupted
service of alcoholic beverages.
5. The outdoor area must have adequate exits in case of emergency.
6. The licensing authorities should consider the type of neighborhood and the
potential for noise in the environs.
7. Preferred are outdoor areas where alcohol is served to patrons who are seated at
tables and where food is also available.
March 26, 2008
RS/jf
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NOTICE OF AVAILABILITY 2a8 NEAR 21 Ali 10: 47
REMEDY OPERATION STATUS REPORT #6
FORMER AGFA CORPORATION FACILITY
80 INDUSTRIAL WAY
WILMINGTON, MA
Release Tracking Number: 3-17097
Permit Number: W023879
Agfa Corporation (Agfa) has made available to the public a copy of the most
recent Remedy Operation Status Report for the above referenced Site. A copy of
the Remedy Operation Status Report #6 is available at the Public Repositories set
up for this site (Reading Public Library and the Massachusetts Department of
Environmental Protection). An electronic copy is also available at the
Massachusetts Department of Environmental Protection.
Reading Public Library
175 Middlesex Avenue (Note corrected street address)
Reading, MA
(781) 944-0840
Massachusetts Department of Environmental Protection
205B Lowell Street
Wilmington, MA
(978) 694-3200
Any questions regarding the Site or the report should be directed to:
Chris Santomassimo
Agfa Corporation
100 Challenger Road
Ridgefield Park, NJ 07660
(201) 373-4008
christo-pher.santomassimo@avfa.com
~ ~1
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
~J
ONE WINTER STREET, BOSTON, MA 02108 617-292-5500
s
DEVAL L. PATRICK IAN A. BOWLES
Governor 8 Secretary
00
TIMOTHY P. MURRAY PK URIE BURT
Lieutenant Governor ~ ommissioner
N
NOTICE OF AVAILABILITY'
MassDEP WASTE SITE CLEANUP TECHNICAL ASSISTANCE GRANTS
The MassDEP is pleased to announce the return of the Technical Assistance Grant
(TAG) Program for hazardous waste disposal sites. Grants of up to $10,000 will be
competitively awarded to selected communities and citizen groups to provide expert
advice and public education about hazardous waste site cleanup activities.
As authorized by MGL c. 21 E, and as established by the Massachusetts Contingency
Plan ("MCP", 310 CMR 40.1450, et. secs), TAGS; are intended to:
® provide access to expert advice and technical assistance about disposal sites,
® encourage more effective participation in response actions by promoting access
to and use of information, and
allow community concerns related to the disposal site to be addressed.
Eliaible Applicants are:
® groups of individuals who may be affected by oil and/or hazardous material from
a disposal site,
® a city or town which may be affected by oil and/or hazardous material from a
disposal site, and
® a district or other political body that owns or operates a public water supply
system that may be affected by oil and/or hazardous materials from a disposal
site.
Eliaible Disposal Sites are sites that have been classified as Tier 1A, 1 B, 1 C or Tier II as
well as those sites deemed Adequately Regulated pursuant to the MCP.
Application Process:
On-line grant applications will be available March 18, 2008 on MassDEP's web site
located at: httr)://www.mass.oov/dep/cleanup
To be considered for funding in this funding round, a full application, which describes
the group, the site and the project, must be submitted on-line to MassDEP no
later than May 2, 2008. If you have any questions please contact Patti Mullan at 617-
556-1018 or e-mail to: Datti.mullan()state.ma.us
v
This information is available in alternate format. Call Donald M, Gomes, ADA Coordinator at 617-556-1057. TDD# 1-866-539-7622 or 1-617-574-6868.
Mass DEP on the World Wide Web: http://www.mass.gov/dep
0 Printed on Recycled Paper J