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HomeMy WebLinkAbout2007-09-25 Board of Selectmen PacketOF$F,gOf~ G' Town of Reading per. ~wa 16 Lowell Street 639'tNCORQ¢~ Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager@ci.reading.ma.us MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: September 21, 2007 RE: September 25, 2007 Agenda TOWN MANAGER (781) 942-9043 I c) The Assistant Town Manager/Finance Director is requesting approval of extension of internal borrowing for the technology improvements. This is related to timing of a debt sale. 1 c) The Reading Overseas Veterans (VFW) is requesting a change of manager. This does not require a hearing. 2a) The Knights of Columbus have requested their annual proclamation. We assume that members of the Knights of Columbus will be present to receive the proclamation, tell the Board a little about the program and leave the traditional tootsie rolls and fundraising can. 4a) Enclosed is Town Counsel's email and proposed changes to the LIP Regulations. These regulations are significantly simplified from those that the Board currently has. Town Counsel will be present to discuss these. 4b) Enclosed is the outline and the beginning of the draft warrant for the Subsequent Town Meeting. We know of only 13 potential articles. One item that staff has added from our previous discussion is a debt authorization for the replacement of the ladder truck. It is becoming more and more evident that this needs to be replaced and because the order time is about one year we should move forward with this now. 4c) The material is the application for the Longhorn Steakhouse Liquor License. This is adjacent to Bertucci's for which the Board has previously granted a license. 4d) I've been discussing with Bertucci's an improvement to the design of their outdoor dining area that would provide an appropriate separation between the public and the outdoor diners. This is a follow up to the previous discussion that the Board had when the liquor license was granted. I believe the plan was a significant improvement from what was previously shown, and will only need from them additional information on the types of plants. This could be supplied to the Town Manager at a later date. 4e) Selectman Camille Anthony wanted to discuss the establishment of Municipal Building Committee. I believe the previous discussion was around the potential need for major work on and/or new Public Library, and perhaps a youth center. 7a) I may have available for you approval of a contract with one of the bargaining units. I have not yet received the final paperwork on it. PIH/ps OF$p~r~ Town of Reading moo. two 16 Lowell Street ~s3s INC° Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager@ci.reading.ma.us MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: September 21, 2007 RE: September 25, 2007 Agenda TOWN MANAGER (781) 942-9043 1c) The Assistant Town Manager/Finance Director is requesting approval of extension of internal borrowing for the technology improvements. This is related to timing of a debt sale. Vr 1c) The Reading Overseas Veterans (VFW) is requesting a change of manager. This does not require a hearing. 2a) The Knights of Columbus have requested their annual proclamation. We assume that members of the Knights of Columbus will be present to receive the proclamation, tell the Board a little about the program and leave the traditional tootsie rolls and fundraising can. 4a) Enclosed is Town Counsel's email and proposed changes to the LIP Regulations. These regulations are significantly simplified from those that the Board currently has. Town Counsel will be present to discuss these. 4b) Enclosed is the outline and the beginning of the draft warrant for the Subsequent Town Meeting. We know of only 13 potential articles. One item that staff has' added from our previous discussion is a debt authorization for the replacement of the ladder truck. It is becoming more and more evident that this needs to be replaced and because the order time is about one year we should move forward with this now. 4c) The material is the application for the Longhorn Steakhouse Liquor License. This is adjacent to Bertucci's for which the Board has previously granted a license. 4d) I've been discussing with Bertucci's an improvement to the design of their outdoor dining area that would provide an appropriate separation between the public and the C~l THE COMMONWEALTH OF MASSACHUSETTS ALCOHOLIC BEVERAGES CONTROL COMMISSION FORM 43 101600006 License Number Tvne of Transaction CPI ( ) New License ( )'Transfer. of License (y) Change of Manager Transfer. of Stock Reading, MA City/Town Date ease check all relevant transactions) (}:New Officer/Director ( ) Pledge of License Change of Location ( ) Pledge of Stock Alter Premises ( ) Other Reading.0verseas Veterans, Inc. . Name of licensee FID of Licensee Readino .Overseas .Veterans Thomas A.'.Fennelly D/B/A 'Manager 575 Main Street 01967 Address: Number Street Zip Code Annual All Alcohol Annual or Seasonal Category: All Alcohol, Wine & Malt Description of Licensed Premises: Two story building, function. hall and. club room. Application was filed: 9/18/07 Date & time Person to contact regarding this transaction: Name: Thomas A..Fehnelly Address: 31 N. Warren Street Phone Wobtxn . MA 01801. Remarks: The Local Licensing Authorities By: e cn co z• ra Club Type: Restaurant, Club, Package Store, hm, General on Premise, Etc. Advertised: No Date & Publication Abutters Notified Yes x No bl/-9bbi7Dbb4 .~tl) /tsi-34.i-,.ioi4. lW) Alcoholic Beverages Control Commission Vren Moriarty Executive (Director Remarks: ` PETITION FOR LICENSE TRANSACTION THE COMMONWEALTH OF MASSACHUSETTS August 3, 2007 CHANGE OF LOCATION PLEDGE OF LICENSE CHANGE OF DB/A CHANGE OF LICENSE TYPE PLEDGE OF STOCK CHANGE OF CORPORATE NAME CHANGE OF MANAGER CORDIALS AND LIQUEURS PERMIT To the Licensing Board for the The undersigned respectfully petition for A .CUANQE. QF :MANAGER FROM. KEVIN 'ARSENAULT .TO..TROMAS FENNELLY YCR. READING OVERSEAS VETERANS, 575.MAIN STREET, READING,.MASS. Signed Form 997 Title 12 C~ Meeting Minutes Board of Directors. Meeting July 12, 2006 The meeting was called to order at 6:47PM Attendees: Kevin A Tom F Rosanne McNeil Diane R George J William B Bob G Dawn F Rich V Linda M John A Previous meeting minutes. were read. Motion was made to accept and was duly seconded and passed. Treasurer's Report was read. Motion was made to accept and was duly seconded and passed, subject to review by the Trustees. New Members: No New Members. Old Business: Patrick from Comically Speaking requested a' meeting with the board to discuss options on the building. We scheduled the meeting for July 17'h at 6pm. George will speak to Brian regarding legalities of leasing/selling building after our meeting with Chris. New Business: Talk to vendor regarding new games and CD's.for Juke box along with repair of Juke Box. Also speak to him about profits from the vending machine and Juke Box and a remote for behind the bar. Elections of Officers: President: Tom F. Trustees: Rosanne M., Dawn F., William B. Vice President: Kevin A. Treasurer: Diane-R. Secretary: Linda M. Tom Fennelly was made tiew bar manager. Meeting adjourned at 7:20pm /c3- ,l The Commonwealth of Massachusetts The Alcoholic Beverages Control Commission 239 Causeway Street, Suite 200 Boston, MA 02114 Telephone: 617-727-3040 FAX: 617- 727-1258 FORM A LICENSEE PERSONAL INFORMATION SHEET THIS FORM MUST BE COMPLETED FOR EACH: A. NEW LICENSE APPLICANT B. APPOINTMENT OR CHANGE OF MANAGER IN A CORPORATION C. TRANSFER OF LICENSE (RETAIL ONLY-SEC. 12 & SEC. 15) (Please check which transaction is the subject of an application accompanying this Form A.) PLEASE TYPE OR PRINT ALL INFORMATION ALL QUESTIONS MUST BE ANSWERED AND TELEPHONE NUMBERS PROVIDED OR APPLICATION WILL NOT BE ACCEPTED. 1. 2. 3. -4. 5. 6. LICENSEE NAME rA DJ ;11~4 ad679 -C,i*f 4,4,d (NAME AS IT WILL APPEAR ON THE LICENSE) NAME OF (PROPOSED) MANAGER SOCIAL SECURITY NUMBER HOME (STREET) ADDRESS AREA CODE AND TELEPHONE NUMBER (S): (Give both, your home telephone and a number at which you can be reached during the day). / ~a ~ DAY TIME # ~~I--- 3 - I A6 d wf HOME# l0 ` ~ 0 ~ i PLACE OF BIRTH: _,~. DATE OF BIRTH: 8_ REGISTERED VOTER: YES NO 8A. WHERE 9. ARE YOU A U. S. CITIZEN: YES NO 10. COURT AND DATE OF NATURALIZATION (IF APPLICABLE): (Submit proof of citizenship and/or naturalization such as Voter's Certificate, Birth Certificate or Naturalization Papers) (Over) /a % ti 1 11 13. 14. 15. ,V FATHER'S NAME: 12. MOTHER'S MAIDEN NAME: U7-l1 1V61 IDENTIFY YOUR CRIMINAL RECORD, (Massachusetts, Military, any other State or Federal): ANY OTHER ARREST OR APPEARANCE IN CRIMINAL COURT CHARGED WITH A CRIMINAL OFFENSE REGARDLESS OF FINAL DISPOSITION: YES NO (MUST CHECK EITHERYFS OR NO) IF YES, PLEASE DESCRIBE OFFENSE (S) SPECIFIC CHARGE AND DISPOSITION (FINE, PENALTY, ETC.) PRIOR EXPERIENCE IN THE LIQUOR INDUSTRY: ~C YES NO IF YES, PLEASE DESCRIBE: FINANCIAL INTEREST, DIRECTOR INDIRECT, IN THIS. OR ANY OTHER LIQUOR LICENSE, PERMIT OR CERTIFICATE: YES NO IF YES, PLEASE DESCRIBE: 16. EMPLOYMENT FOR THE LAST TEN YEARS (Dates, Position, Employer,'Address and if known, , Telephone Numbers): 496 3 7-0 PX 7-A kz:~ ~ E'7 ,e ~ ~.~rL l 7t -l79" %a-cS Cd4 h t ~c G9,D~~' r~ ~.2 jI c. / 9 7~ Tp l ~ Q' lr=~~~©R ~.r-1~.,v ~ w.~- o i iN ~w ~.'.c-~ 17. HOURS PER WEEK TO BE SPENT ON THE LICENSED PREMISES: 0 3 3 . 18. 1 HEREBY SWEAR THAT UNDER THE PAINS AND PENALTIES OF PERJURY THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. PROPOSED MANAGER SIGN tJRE DATE F:(FtLESWAUREEN.I \MAUr2Er=WORM SIFORMA. W PD 9/99 2 M City/Town: '4 444Y ( ) New License ( ) Transfer of License ( ) Transfer of Stock The Commonwealth of Massachusetts Alcoholic Beverages' Control Commission 239 Causeway Street Boston, MA 02114 Application for Alcoholic Beverage License for Retail Sale New Officer/Director ) Other (specify) Section 1 Name to appear on the license: 7//U `i~.Aiti'.S l~~T Business Name'(d/b/a, if different): Address of Premises: X75 A/ ,5 / ~ii~} Code: ~ Phone number of premises: -791 9-YY - / Section 2 Type of license: (check one only) ( ) Club ( ) Package Store Veterans Club. ( ) General on Premise ( ) Restaurant ( ) Other ( ) Innholder ( ) Tavern Section 3 License Category All Alcoholic ( ) Wine and Malt ( ) Malt Only ( ) Wine Only ( ) Wine and Malt with Cordials Permit Section 4 License Class X). Annual ( ) Seasonal Section 5 Person (attorney if applicable) who can be contacted concerning this application Name: ~1-49^9 A, Address: 1,AjhjC~ N rJ VV~~7(JIN ~l7 b~l Phone Number: (0) 7 t/ -6/0 / `7' f(~l 4 Section 6 Give a full description of the premises to be licensed, including location of all entrances and exits: fzor 6a. Seating Capacity: 4 Occupancy Number: t Section 7 Applicant is an: ( ) Association ( ) Corporation ( ) Individual ( ) Partnership (X) Non-profit corporation ( ) LLC Section 8 If applicant is an individual or partnership - List for individual or each partner: J F Full Name I Horne Address DOB . ( SSN 8a. Is individual or all partners United States citizens? ( ) Yes ( ) No If no, specify citizenship: 8b. Is individual or all partners involved at least twenty-one years old?( ) Yes ( ) No Section. 9' If the applicant is a corporation, complete the following: State of Incorporation: 1!1r ~ Date of Incorporation: Date qualified to do business in MA:. 9a. How many shares of stock are authorized: How many shares are issued: Provide in the box the names if all officers, directors, stockholders and manager. Use * to indicate director Title Full Name Home Address DOB SSN Shares of stock owned or controlled Vi SAG, mAx4x?juie.z- 9b. 'Attach a copy of the vote by the Board of Directors appointing a manager or principal representatives. 9c. If the applicant is a corporation, answer the following questions: 1. Are the majority of directors United States citizens? (X) Yes ( ) No . 2. Are the majority of directors citizens of Massachusetts? (YC ) Yes ( ) No' 3. Is the manager or principal representative a U.S. citizen? (x ) Yes ( ) No Section 10 If the applicant is an association, provide in the box below the names of all association officers and members. Title Full Name ( Home Address DOB SSN Phone Number I Ob. Attach a list of all members of the LLC. Section 11 Will there be any construction, remodeling, redecorating or building on the premises for this license? ( ) Yes ( ) No (If yes complete a;b, c and d). a. Give an exact description of the construction, remodeling, redecorating or building on the premises: b. What are the estimated costs: c. What. is the construction schedule: d. State all sources of construction financing: Section 12 Do you own the premises? ( ) Yes ( ) No. If yes, please respond to the question below. ( ) As an individual ( ) Jointly Name of Realty Trust Name of Corporation ( ) Other (If you do not own the premises to be licensed, provide the following information about the owner.) Name: Phone Number: Address: ~G~ 12a. If a lease or rental, provide the following information: $ per (month, year, etc.) Beginning date of lease Ending Date of lease (provide copy of the lease) FINANCIAL Section 13 What assets were purchased and cost? ' Equipment: $ Furniture: $ . Goodwill: $ Inventory: $ License: $ Premise: 13a. Total Purchase Price: $ 13b. Identify below all sources of financing: Mortgage: $ Seller: $ Cash: $ Other (specify): $ Document all sources e.g. Loan papers, checking accounts, stock sales, etc. 13c. All other terms and conditions: (provide purchase. and sale documents) 13d. Are you seeking approval for license to be pledged: ( ) Yes ) No If yes, to whom: 13e.. Will the inventory be pledged: ( ) Yes ( ) No If yes, specify to whom: 13f. If a corporation, are you seeking approval for any corporate stock to be pledged: ( ) . Yes ( ) No If yes, identify to whom and identify the number of shares: OWNERSHIP INTERESTS Section 14 State the following information for all persons or entities who will have any direct or indirect beneficial or financial interest in this license: Full Name Home Address I DOB SSN I Phone Number c`- 14a. Describe all types of beneficial or financial interest each person or entity identified in Question 14 will have in this license: Person or entity I Beneficial or financial interest 14b. Does any person or entity listed in Question 14 have any direct or indirect beneficial or financial interest in any other license granted under Chapter 138? ( ) Yes ( ) No Name I Type of license I License Name and Address I Description of Interest 14c. Has any person or entity named in Question 14 ever held a license or a beneficial interest in a license issued under Chapter 138 which. is not presently held? ( ) Yes ( ) No (If yes, provide the following for each person or entity.) Name I Type of License I License Name and Address I Date ownership surrendered 14d, Describe how all licenses in Question 14c were terminated (e.g. transfer of ownership, non-renewal, surrender, etc.) Date ( License I Reason why the license was terminated Cb 14e. Has any person or entity named in Question 14 ever had a license suspended, revoked or cancelled? ( ) Yes ( ) No (If yes, provide the following information) Date I License I Reason why the license was suspended, revoked or cancelled 14f. Has any person or entity named in Question 14 ever been convicted of violating any state, federal or military law? ( ) Yes ( ) No 15. a. Each individual applicant must sign. b. Applications by a partnership must be signed by a majority of the partners. C. Applications by a corporation must be signed by an officer authorized by a vote of the corporations Board of Directors. d. Applications by an association must be signed by a majority of the members if the governing body. All signers must have answered question 10. .e. False information or failure to disclose are reasons to revoke a license or deny a license application. Signed and subscribed to under the penalty of perjury, this _ day of , 20 Bv: Sienature of Full Name Title _.4 c 60 Crr 4~/MWRA ADVISORY f BOARD EW;A"i, Uri' WON. A PUBLICATION OF THE MBA ADVISORY BOARD SEPTEMBER 2007 .•V.,~-...,-ck.Y..'f iw.~.~ .YM..,~, in, rw.. u.r3:~ ~ iL. _ .l ~ _ - -~wJ. v+.h..n ...q.. SENATOR HAVERN STEPS DOWN; DEBT SERVICE ASSISTANCE LOSES A CHAMPION Senator Robert Havern, a long time advocate for ratepayers, stepped down from his Senate seat this month to accept a position as President of the Massachusetts Government Relations Practice at ML Strategies. For over twenty years Senator Havern served in both the House of Representatives and in the Senate, tirelessly representing the people in his district, He championed many worthy causes, consistently filing and advocating for pro-ratepayer legislation. His efforts on behalf of ratepayers included fighting to secure Debt Service Assistance in each budget cycle. In FY08, he sponsored an amendment to increase the level of finding to $25 million to match the number provided in the House. "We are always appreciative of Senator Havern's hard work," stated Joseph Favaloro, Executive Director, MWRA Advisory Board, "He has been a key voice in urging the Commonwealth to provide water and sewer relief. We will miss him." r READING REQUESTS MORE WATER This month the Advisory Board met with representatives from the Town of Reading to discuss plans to become a fully supplied water community. Reading formally became a partial MWRA member community last year, though recently they requested to become a fully supplied community, seeking an additional 1.5 MGD of water. The Town will pay an additional entrance fee of $7,799,606. The MWRA Board of Directors will vote on Reading's application at the October meeting. TUNNEL BORING MACHINE ARRIVES; MWRA BEGINS $200 MILLION PROJECT TO ELIMINATE BEACH CLOSINGS The MWRA launched a massive wastewater project this month in South. Boston with a ceremony christening a new Tunnel Boring Machine. The machine will be used to dig the Combined Sewer Overflow (CSO) Storage Tunnel, which will virtually eliminate wet weather sewerage overflows onto the beaches. The tunnel will be 17 feet in diameter and 2.1 miles long. During wet weather, CSO and wastewater flows will be stored in the tunnel until it can be pumped to Deer Island for treatment. State and local officials attended the event; speakers included Senator Jack Hart, South Boston, Ian Bowles, Secretary of Executive Office of Environmental Affairs and the Chairman of the MWRA Board of Directors, and Jim Haunt, City of Boston Energy and Environment Chief. 1 T h h`, t It 1~ ~ ~.'1 y •.d~4 ~ .l WI~ 1 ( L w 4 'ft'i~Y~i ltl LlA ^'Af ..nom X,- I F, t+ i M* Advisory Board Representatives to the MWRA Board of Directors Andrew Pappastergion (Brookline), Joseph Foti (Chelsea), John Carroll (Norwood)-, and Joseph Favaloro, Executive Director, MWRA Advisory Board, stand in front of the cutterhead of the new Tunnel Boring Machine. UPCOMING MEETINGS OC'T'OBER 12: EXECUTIVE COMMITTEE MEETING / 8:30 AM - BOSTON OCTOBER 17i MWRA BOARD OF DIRECTORS / 10 AM - CHARLESTOWN SAVE THE DATE!! OCTOBER 18: MWRA ADVISORY BOARD MEETING (a7 QUABBIN! yyo i=e"ai y questions gaiGing cs a sea in this newsletter or any other My VRA issue, please contact: Christine Hevelone-Byler, Government & Media Coordinator • Phone: 617.742.7561 ■ Fax: 617.742.4614 Email: christine.hevelone-byler@mwra.state.ma.tts Web Site: www.mwraadvisorvboard.com Senator Havern and MWRA Advisory Board Chairwoman Katherine Dunphy at an Advisory Board meeting. Senator Havern was awarded "Legislator of the Year" by the Advisory Board in 2005. OF R~~lL Town of Reading moo. two 16 Lowell Street IxcoRe°¢P~ Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager@ci.reading.mams MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: September 21, 2007 RE: September 25, 2007 Agenda TOWN MANAGER (781) 942-9043 lc) The Assistant Town Manager/Finance Director is requesting approval of extension of internal borrowing for the technology improvements. This is related to timing of a debt sale. le) The Reading Overseas Veterans (VFW) is requesting a change of manager. This does not require a hearing. '2a) The Knights of Columbus have requested their annual proclamation. We assume that members of the Knights of Columbus will be present to receive the proclamation, tell the Board a little about the program and leave the traditional tootsie rolls and fundraising can. 4a) Enclosed is Town Counsel's email and proposed changes to the LIP Regulations. These regulations are significantly simplified from those that the Board currently has. Town Counsel will be present to discuss these. 4b) Enclosed is the outline and the beginning of the draft warrant for the Subsequent Town Meeting. We know of only 13 potential articles. One item that staff has added from our previous discussion is a debt authorization for the replacement of the ladder truck. It is becoming more and more evident that this needs to be replaced and because the order time is about one year we should move forward with this now. 4c) The material is the application for the Longhorn Steakhouse Liquor License. This is adjacent to Bertucci's for which the Board has previously granted a license. 4d) I've been discussing with Bertucci's an improvement to the design of their outdoor dining area that would provide an appropriate separation between the public and the ate. PROCLAMATION HONORING THE KNIGHTS OF COLUMBUS WEEKEND FOR THE; PHYSICALLY AND MENTALLY CHALLENGED CHILDREN WHEREAS: The Knights of Columbus in Massachusetts have undertaken the humane project of assisting physically and mentally challenged children; and WHEREAS: Reading Council No. 1031, Knights of Columbus, will be conducting their 31 st Annual Fundraising Campaign on the weekend of October 4 - 7, 2007; and WHEREAS: Proceeds from this endeavor will be distributed to physically and mentally challenged children in the communities throughout the Commonwealth of Massachusetts. NOW, THEREFORE, WE, the Board of Selectmen of the Town of Reading, Massachusetts do hereby proclaim October 4 - 7, 2007 to be KNIGHTS OF COLUMBUS WEEKEND FOR THE PHYSICALLY AND MENTALLY CHALLENGED CHILDREN, and urge all citizens of the community to be aware of this event and to participate fittingly in its observance. THE BOARD OF SELECTMEN James E. Bonazoli, Chainnan Stephen A. Goldy, Vice Chairman Ben Tafoya, Secretary Camille W. Anthony Richard W. Schubert as //gN\ KNIGHTS OF COLUMBUS READING MASSACHUSETTS COUNCIL 41031 Peter Hechenbleikner Town Manager Town Hall 16 Lowell St Reading Ma. 01867 Dear Mr. Hechenbleikner, 9 V B'r"! !N w~ a Thanks to you and your office the Knights of Columbus have received proclamations from the Town of Reading supporting our efforts to raise funds to assist mentally and physically challenged children. We greatly appreciate your support. In 2007 we will be holding our annual Tootsie Roll Drive on October 4tn, 5", 6", and 7t'. Would you please give us the benefit of your assistance by arranging for us to receive a proclamation as we have in past years? Thank you. Sincerely, Paul Guazzaloca Grand Knight Knights of Columbus 11. Sanborn Street, Reading MA 01867 781-944-9748 '`Tidy OF RE90 Town of Reading ~wo 16 Lowell Street j63s ,x~oRe Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager@ci.reading.ma.us MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: September 21, 2007 RE: September 25, 2007 Agenda TOWN MANAGER (781) 942-9043 1 c) The Assistant Town Manager/Finance Director is requesting approval of extension of internal borrowing for the technology improvements. This is related to timing of a debt sale. lc) The Reading Overseas Veterans (VFW) is requesting a change of manager. This does not require a hearing. 2a) The Knights of Columbus have requested their annual proclamation. We assume that members of the Knights of Columbus will be present to receive the proclamation, tell the Board a little about the program and leave the traditional tootsie rolls and fundraising can. 4a) Enclosed is Town Counsel's email and proposed changes to the LIP Regulations. These regulations are significantly simplified from those that the Board currently has. Town Counsel will be present to discuss these. 4b) Enclosed is the outline and the beginning of the draft warrant for the Subsequent Town Meeting. We know of only 13 potential articles. One item that staff has added from our previous discussion is a debt authorization for the replacement of the ladder truck. It is' becoming more and more evident that this needs to be replaced and because the order time is about one year we should move forward with this now. 4c) The material is the application for the Longhorn Steakhouse Liquor License. This is adjacent to Bertucci's for which the Board has previously granted a license. 4d) I've been discussing with Bertucci's an improvement to the design of their outdoor dining area that would provide an appropriate separation between the public and the ~4- ei' Hechenbleikner, Peter From: Ellen Doucette [ecdoucette@brackettlucas.com] Sent: Thursday, September 20, 2007 2:43 PM To: Hechenbleikner, Peter Subject: LIP regulations - draft for discussion Attachments: Reading LIP regulations - ECD revisions.doc Peter, Page 1 of 1 Attached hereto is'a draft of suggested revisions for the Selectmen's LIP regulations for our September 25 discussion. As currently in force, the regulations go far beyond what it necessary in order for the Selectmen to decide if they wish to support a LIP project. In fact, the policy incorporates the ZBA's comprehensive permit rules and regs. and operates as a cumbersome parallel permitting process which again, is not necessary. Ellen Ellen Callahan Doucette, Esq. Brackett & Lucas 165 Washington Street Winchester, MA 01890 (781) 729-1500 (781) 729-5444 Facsimile 9/20/2007 DIAF'T FOR DISCUSSION ARTICLE 5 - COMMUNITY SERVICES POLICIES Section 5.2 Local Initiative Program (LIP) Regulations 5.2.1 Purpose The Local Initiative Program ("LIP") is a state housing program that was established to give cities and towns significantly more flexibility in their efforts to provide low and moderate income housing by permitting the town to provide non- financial assistance. Projects undertaken through the LIP must, as part of the application to Department of Housing and Community Development ("DHC.D"), have the written endorsement of the Board of Selectmen as the "chief elected official" of the Town. Deleted: These regulations set forth the substantive and procedural requirements for review of applications for Local Initiative Program (LIP) applications to the Board of Selectmen. Deleted: These regulations are developed because, through the LIP program the. Deleted: is asked to join and sponsor an application for affordable housing in the Town of Reading Iii a LIP project, the Town becomes a partner and proponent of the project. fore the Board of Selectmen needs to be assured that its participation in the i Th { Deleted: affordabi . - ere - - - Deleted project fully meets the Board's expectation for the production of low and moderate ' Deleted evelopments income housin g in--- ---theTownofRea4in ________________w - " Deleted:, i ted It is the intent of the Board of Selectmen to encourage applications for affordable Dele to give the Board of Selectmen and the order housing under the LIP program an d ~i " Deleted: In this spirit, the Board ' ' _ _ - Community an opportunity to have early input into affordable housing developments,_,, encourages potential applicants to meet ~ • with staff, through the Town Planner, and these regulations are hereby established to set forth the substantive and procedural . g ' to present conceptual plans through this , requirements for review of LIP applications submitted to the Board of Selectmen. totheBoardofSelectmen process d : Concept Plan elete 5.2.2 Reviews rocess - Deleted: Initial contact for presentation of conceptual plans under the LIP program will be through the Upon notification by an applicant that it would like to propose an affordable Deleted:.TheTown Planner shall housing'pro,ject under LIP, the Board of Selectmen shall refer the applicant to the,, ' - inform the Board of Selectmen through the Town Manager, of interest expressed Town Planner who will coordinate review of the and shall at the completion project for a LIP project. The applicant shall thereof, bring forward a report for the Board of Selectmen's consideration. This work through staff, and through whatever review process is intended as a preliminary review to assist the Board of Selectmen other process the Board of Selectmen shalt determine from time to time, in deciding whether to endorse the project by issuing a letter of support to be filed including the creation of a Working with the LIP application to DHCD• c....--..._ Group of interested parties. • „-.,-s..____.___ ::.::u~,.~,.-.::Jr ,`Deleted: use of the concept plan The review process is not intended to either extend or delay the time frames ' Deleted:. Working with the Town in a concept plan otherwise allowed for a LIP or Comprehensive Permit process and will not prejudice theF process formal comprehensive permit process, - - Deleted: any r i li l f b i t proi tthatdie ali ppcan later Deleted: fora nary o m tta o m _pre review process shall begin with the su 'Tile . I may concept plandepictcd,thc design of the project to allow for early-review thereof while lDeleted: ¶ ~ its design is still flexible. To facilitate this preliminary review, the Town Planner - Deleted: The shall have the authority to request that the applicant meet at least once with the Deleted: s O'~ following entities, boards and commissions in order to obtain their preliminary comments: a. Community Planning and Development Commission; b. Conservation Commission; C. Hoard of Health; d. Police and Fire Departments e. any other board of department that the 'Town Planner believes would provide assistance in the preliminary review; and f. abutters to the project. Formatted: Bullets and Numbering 'I Prior to any such meeting, the Town Planner will send a written request to each such board or commission directly that it review the preliminary design and concept of the project and provide written comments. The scope of review at these meetings is intended to be a review of the preliminary design and concept of the project and is not intended to be viewed as a final approval of the project by any board or corn mission. The Town Planner shall compile the comments and work with the applicant to develop a design concept for presentation to the Board of Selectmen which concept shall include a discussion of the following: Deleted: prepared and presented under this process will be presented in sufficient detail and number of plans as the Town Planner may require, in order for the Town to be able to adequately understand the proposal, and to have as complete an initial review and comment as practical. a. im pact of the project on the Town; Formatted: Bullets and Numbering b. public benefits of the project; C. number of affordable units to be provided and restrictions to be instituted for long term affordability; d, on-site design and engineering issues; e. traffic issues; f. the infrastructure necessary to support the project; and g. off-site improvements. -----I Formatted: Indent: Left: 0.5" At a time or times to be mutually arranged by the Town Manager and the Applicant, a presentation oil _the LIP conceptual _plan shall be made to the Board of - - Selectmen for review and consideration Tile Board of Selectmen may request from the applicant or town board or commission any other information which it deems necessary in order to review and evaluate the project. The Board of Selectmen shall then determine whether to endorse the project and issue a written letter of supports If the project changes substantially during the course of the comprehensive permit process, the Board of Selectmen reserve the right conduct an additional review of the project to determine if it remains consistent with that which provided the basis for the Board of Selectmen's endorsement and support. --t Deleted: on Deleted: a - -Deleted: . Deleted: Depending upon the direction from the Board of Selectmen, the Applicant may lien be asked to prepare a complete LIP application to the Board of Selectmen. Deleted: I 5.2.3 No Waiver Formatted: Indent: First line: 0" j a3 L• This process in no way relieves the applicant, upon receiving a site eligibility letter, from then having to submit an application to the Zoning Board of Appeals ("Z.BA") for a comprehensive permit pursuant to M.G.L. Chapter 40.B, §§21-23. This process also does not prohibit the ZBA.from soliciting its own comments from other town boards, commissions and committees nor from undertaking its own review process. Deleted: 5.2.3 - Complete Application¶ A complete application for a LIP shall consist of not less than 20 copies (the Town may require additional copies if needed) of the following materials required to make up a complete application:¶ An application form which includes the following information:¶ Name of applicant$ Address of site¶ Number of units proposed$ Type of housing proposed (ownership or rental) and style of construction (single family detached, townhouse, garden style, etc.)$ Name of housing program under which project eligibility letter or site approval letter is sought¶ Relevant details of the proposed project (e.g., percentage of affordable units, income-eligibility standards, duration of the affordable housing restrictions, how the developer will comply with the limited dividend aspect of the program, ctc.)¶ Market feasibility report¶ A complete list of projects of a similar scope (including but not limited to comprehensive permit projects) that the applicant has undertaken or which are in progress during the past 5 years. Included shall be a list of the projects, number of units, program used for funding, name of the local official(s) responsible for permitting and monitoring the project, and status of approval/construction,¶ Evidence of site control (e.g., preliminary determination by the subsidizing agency that the developer has a sufficient interest in the site, or a purchase and sale agreement, or a deed);$ Evidence that the project developer is a nonprofit, a public agency, or a limited dividend organization;$ Preliminary site development plans (signed by a registered architect or other pertinent design/engineering professional) at a scale approved by the Town Planner, showing:1 the proposed location and footprints of all buildings; $ changes in grading and topograpby;¶ parking, roads, walkways and driveways (including materials);¶ Landscaping and open space;$ Zoning, including any overlay districts, and a zoning table showing what waivers may be requcsted;¶ 1 Wetlands delineated by the Reading I Conservation Commission , including all buffers; and vernal pools including all buffcrs;¶ infrastructureI utilities, showing location and types of water, and wastewater, including hydrants;¶ I fll Formatted: Justified 6LI L' Page 3: [1] Deleted Preferred Customer 9/19/2007 9:30:00 PM 5.2.3 - Complete Application A complete application for a LIP shall consist of not less than 20 copies (the Town may require additional copies if needed) of the following materials required to make up a complete application: An application form which includes the following information: Name of applicant Address of site Number of units proposed Type of housing proposed (ownership or rental) and style of construction (single family detached, townhouse, garden style, etc.) Name of housing program under which project eligibility letter or site approval letter is sought Relevant details of the proposed project (e.g., percentage of affordable units, income- eligibility standards, duration of the affordable housing restrictions, how the developer will comply with the limited dividend aspect of the program, etc.) Market feasibility report A complete list of projects of a similar scope (including but not limited to comprehensive permit projects) that the applicant has undertaken or which are in progress during the past 5 years. Included shall be a list of the projects, number of units, program used for funding, name of the local official(s) responsible for permitting and monitoring the project, and status of approval/construction, Evidence of site control (e.g., preliminary determination by the subsidizing agency that the developer has a sufficient interest in the site, or a purchase and sale agreement, or a deed); Evidence that the project developer is a nonprofit, a public agency, or a limited dividend organization; Preliminary site development plans (signed by a registered architect or other pertinent design/engineering professional) at a scale approved by the Town Planner, showing: the proposed location and footprints of all buildings; changes in grading and topography; parking, roads, walkways and driveways (including materials); Landscaping and open space; Zoning, including any overlay districts, and a zoning table showing what waivers may be requested; Wetlands delineated by the Reading Conservation Commission , including all buffers; and vernal pools including all buffers; infrastructure; utilities, showing location and types of water, and wastewater, including hydrants; storm water facilities designed to meet federal and state standards. An existing conditions plan including: metes and bounds description of the site; the location of all existing buildings; the location of all streets, parking, driveways; open spaces, topography, wetlands and buffer areas, vernal pools and buffer areas; on-site infrastructure, utilities, and storm water facilities. as Q Scaled preliminary architectural drawings showing location, use, and building materials for existing and proposed buildings, including all elevations; and cross sections as required. Building tabulations (number and type of buildings, number and size of units, including number of bedrooms per building, floor area of units, building and impervious surface coverage); Traffic patterns on the site and in the neighborhood; Use and character of open space in the neighborhood and on and abutting the site; Preliminary subdivision plan (if applicable); List of waivers sought by developer from any and all local regulations, policies and by- laws; Financial Pro-Forma, in a form and format as may be required by the Town Plamzer; Proposed regulatory agreement; Proposed monitoring agreement; Payment of filing fee - Applicants shall pay advertising costs and postage for abutter notification; Additional information the Board of Selectmen determines is necessary to make a sound decision; List of state or other local approvals necessary to be sought and granted prior to the issuance of a building permit for project The Board of Selectmen may waive any of the requirements above when it determines that it is in the best interest of the Town to do so. 5.2.4 - Review Fees The Board of Selectmen may employ outside consultants to provide technical or legal assistance in reviewing a LIP application. The Board of Selectmen may require the developer to pay all or part of the consultant's fees. Consultants may include but shall not be limited to special counsel to the Board of Selectmen, traffic, design review, lighting, and/or real estate consultants. To the extent that the Board of Selectmen requires the use of outside consultants to provide technical or legal assistance, and if the Board of Selectmen ultimately approves the LIP and it goes before the Reading ZBA for the Comprehensive Permit application, the work of the consultants in that particular area of expertise for the Board of Selectmen may be relied upon by the ZBA in its deliberations. A review fee may be imposed only if: The work is in conjunction with the developer's project;, All written results and report are made part of the LIP record; All fees assessed shall be reasonable in light of the: Complexity of the proposed project; Complexity of the particular issues Number of dwelling units proposed; Size and character of the site. 5.2.5 - Procedures Applicants are strongly encouraged to meet with the Town Planner or designee prior to submitting an application. The Board of Selectmen shall open a public hearing on the LIP application within 45 days of receipt of the complete application. The hearing shall be noticed by the Town, at the expense of the applicant, to abutters and to the general public in the manner prescribed by law for a hearing on a Comprehensive Permit application. The Board of Selectmen shall notify and send copy of application to all applicable local boards and officials of the application for a LIP within seven working days of receipt of application. These Boards and officials include but are not limited to: Community Planning and Development Commission, Conservation Commission, Board of Health, Reading Housing Authority, Historic Commission, Water and Sewer Commission, Town Manager, Town Planner, Town Engineer, Director of Public Health, Conservation Administrator, Director of Public Works, Police Chief, and Fire Chief. Applicant shall provide adequate copies of application to accommodate this notification. 5.2.6 Decisions The Board of Selectmen shall render a decision, within 45 days of the close of the public hearing. If the Board of Selectmen approves the LIP, the decision may include conditions. General conditions shall include but shall not be limited to: For condominium projects, legal review and approval of final condominium documents prior to the issuance of a building permit; For all projects, legal review and approval of deed riders prior to the issuance of a building permit; A requirement that the affordable units remain affordable in perpetuity; the affordable units should have this "affordable in perpetuity" clause stated in their deeds A requirement that the phasing of the project be specified and that the phasing of the affordable units be similar to the phasing of the market rate units; 5.2.7 Condominium Documents All condominium documentation shall state that: Unit owner's percentage interest in the condominium association shall be based on initial unit sales price (not square footage of the unit); There shall be one vote per unit owner, unless MGL c 183A requires otherwise; Condominium documents shall prohibit amendments to affordability provisions. 5.2.8 Amendments to Approved Plans If after the approval of a LIP a developer seeks to change its proposal as approved by the Board of Selectmen, it shall promptly notify the Board of Selectmen in writing, describing such change. Within 20 days the Board of Selectmen shall determine and notify the developer whether it deems the change substantial or insubstantial. If the Board of Selectmen determines the change is insubstantial, the comprehensive permit shall be deemed to incorporate the change. If the Board of Selectmen determines the change is substantial, it shall hold a public hearing within 30 days- of its determination and issue a decision within 40 days of the close of the hearing. All Boards, Committees, Commissions, and Officials who are designated to receive a copy of the plans under section 4.02 of these regulations shall be given a copy of the revised plans within 7 days of the receipt of the revised plans, and shall be given an opportunity to comment on the revisions within the time frame designated above. Only the changes in the proposal or aspects of the proposal affected thereby shall be at issue in the hearing. W v 5.2.9 Reasonable Profits Profits shall be reasonable and shall be limited as follows: Homeownership Projects: Not more than 20% of total development costs (TDC). TDC does not include overhead, profits and management consulting fees. Overhead shall not be more than 5% of the total development costs (net of profits, management consulting fees and overhead). Rental Projects: Annual return of not more than 10% of equity (equity being the difference between TDC, as defined by the NEF construction loan documents, and the amount of the construction loan. This difference may not be equal to the developer's cash invested. TDC includes an allowable fee for developer's overhead (5% of TDC, excluding site acquisition and developer overhead and fee) and developer fees (20% of TDC). 5.2. 10 Allowable acquisition costs The development pro forma must list a land value that is the lower of the (i) last "arin's length transaction" (if within 3 years) plus reasonable carrying and/or maintenance costs or (ii) the value under the pre-existing zoning regulations, plus reasonable carrying costs. "Last arm's length transaction" shall not involve an identity of interest between the seller and the buyer or any party related to the buyer. "Pre-existing zoning regulations" concerns the time the option or purchase and sale agreement is executed. "Reasonable carrying costs" includes interest, taxes, insurance and the costs related to option agreements. (These costs plus the acquisition costs cannot exceed the appraised value of the land under the density permitted by a comprehensive permit). 5.2.11 Regulatory Agreements The purpose of the regulatory agreement is to provide legal assurances that the developer will (i) construct and maintain the units in accordance with these Rules and (ii) be limited to a reasonable profit for the project subject to the regulatory agreement (as set forth in §9.00 above). The regulatory agreement shall: Include a definition of "profit", Limit profits on homeownership projects to no more than 20%; Limit profits on rental projects to an annual return of no more than 10% of equity; Require a full compilation and certification of total development costs (net of related- party expenses) and total revenue, on a federal income tax basis, prepared and certified by a CPA, acceptable to the monitoring agent and the town; Be executed by the Town, the lending bank, and the developer. 5.2.12 Monitoring Agreements The purpose of the monitoring agreement is to provide legal assurances that there is a public entity (or a private entity responsible to a public entity) to oversee compliance with the terms of the regulatory agreement and deed rider. ~ovS Citizens Housing and Planning Association (CHAPA) shall be the monitoring agent if CHAPA agrees to do so. If not, the Board of Selectmen will determine what other agency will assume this responsibility. If CHAPA is the monitoring agent the per unit fees for monitoring the affordable units shall be as required by CHAPA; otherwise the fees shall comparable to CHAPA's fees to the accepted monitoring agent. The developer shall pay all monitoring fees. 5.2.13 Affordability Restrictions - all applications Homeownership Projects: The formula for determining resale price shall be the lesser of (1) the appraised value of the unit multiplied by a discount rate (established by a ratio between the original sales price of the affordable unit compared to the original sales price of a market-rate unit); or (2) a price based on an annual debt service, on a mortgage plus taxes, insurance and condominium fees (assuming a 10% down payment) that does not exceed 30% of the annual income of a household earning 70% of the median income of the Boston Metropolitan Area. Upon resale, the owner of the affordable unit shall be required to actively market the affordable unit to eligible purchasers for up to 120 days, after shich time the unit will be offered to the Reading Housing Authority or other Community Development Corporation as an affordable unit. Excess profits shall be returned to the town's Affordable Housing Trust Fund or other designated fund to be used for affordable housing purposes as per Section 9.01.1 and 9.01.2. Rental Projects (all applications): Affordable rents (including utilities) shall be limited to 30% of the annual income of a household whose income is 80% of the median income of the Boston Metropolitan Area or established pursuant to a rent schedule set by the Town or its designee. 5.2.14 Buyer/Tenant Selection - all applications Buyers of affordable units shall: Be first time homebuyers and not have had an ownership interest in a residence in three years preceding the date of the closing of the loan except that a single parent, with one or more children living with him or her, who has been divorced or widowed within the preceding three years and who no longer owns a home, or, who is in the case of a divorced person, is subject to a court order or separation agreement to sell the home and divide the proceeds, or, in the case of a widowed person, whose home is subject to a binding purchase and sale agreement for sale, will be considered a first time homebuyer, notwithstanding prior home ownership during those preceding three years, provided such widowed or divorced person is eligible in other respects; Have a household income of 80% or less of the median income of Boston Metropolitan Area. Renters of affordable units shall have a household income of less than 80% of the median income of Boston Metropolitan Area; Developers shall have a Town-approved affirmative marketing plan. L" W 5.2.15 Owner Occupancy Requirements All units sold under a home ownership LIP program shall be owner-occupied. 5.2.16 Affordable Unit Design and Location - all applications The affordable units shall be indistinguishable from the market-rate units. Affordable units shall be dispersed throughout the project. Local residents shall have a preference on 70% of the affordable units Adopted July 22, 2003, amended November 1, 2005 Section 5.3 Local Preference for Affordable Housinz The following shall constitute the Town of Reading policy regarding the local preference for affordable housing. This policy shall apply to LIP applications, and shall apply in any and all other situations where there is a production of affordable housing within the Town of Reading, and for which a local preference is available. The following criteria are to be considered equal in value: Current residents - A household in which one or more members is living in the Town of Reading at the time of application. Documentation of residency must be provided which may include appearance on the Town Census, rent receipts, utility bills, or voter registration. Familv of current residents - Close relatives of current residents of the Town of Reading, including children or parents of a Reading resident. Municipal Emplovees - Employees of any of the Departments of the Town of Reading, including the School Department, Light Department, and Municipal Government departments. Emplovees of Local Businesses - Employees of local businesses located within the Town of Reading. Documentation may be required, including pay receipts, or similar proof that the employee is worldng in the town of Reading. Adopted November 1, 2005 UFRF9 ;tn y Town of Reading ry w~ 16 Lowell Street ~~'63g rN o e°~~~ Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager@ci.reading.ma.us MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: September 21, 2007 RE: September 25, 2007 Agenda TOWN MANAGER (781) 942-9043 lc) The Assistant Town Manager/Finance Director is requesting approval of extension of internal borrowing for the technology improvements. This is related to timing of a debt sale. lc) The Reading Overseas Veterans (VFW) is requesting a change of manager. This does not require a hearing. 2a) The Knights of Columbus have requested their annual proclamation. We assume that members of the Knights of Columbus will be present to receive the proclamation, tell the Board a little about the program and leave the traditional tootsie rolls and fundraising can. 4a) Enclosed is Town Counsel's email and proposed changes to the LIP Regulations. These regulations are significantly simplified from those that the Board currently has. Town Counsel will be present to discuss these. r4b) Enclosed is the outline and the beginning of the draft warrant for the Subsequent Town Meeting. We know of only .13 potential articles. One item that staff has added from our previous discussion is a debt authorization for the replacement of the ladder truck. It is becoming more.and more evident that this needs to be replaced and because the order time is about one year we should move forward with this now. 4c) The material is the application for the Longhorn Steakhouse Liquor License. This is adjacent to Bertucci's for which the Board has previously granted a license. 4d) I've been discussing with Bertucci's an improvement to the design of their outdoor dining area that would provide an appropriate separation between the public and the ye ~ DRAFT -November 13 Subsequent Town Meeting WARRANT OUTLINE 09121/2007 Art. # Article Description Mover/ Moderator Sponsor Comment Notes ~l.C ~ ~ 2, 1-° .1} t~~~ ~ 4 • _ h y 2 x- o f r I L y 1 StRNisll a Stal-,I II .'lll_ion l"UMi lir~arcl of Selectmen 7 Street _1cccl)tance, ~ I_in I)t11 Phc-' l~~,ar~l o1 SclecU»cn ♦ L ~ ~ clcbt ~Rcsc~~~~lin~~ • I13uar~] ul~Sclcctn~cn _ 9 Additional Debt Authorization - Board of Selectmen Tennis Court Improvements 10 Debt Authorization - Fire Board of Selectmen e Department Ladder Truck 11 Debt Authorization - curbs, Board of Selectmen o sidewalks, and pedestrian improvements 12 Accepting the Community Board of Selectmen Preservation Act LILLE, 13 Zoning Bylaw Amendment - CPDC Accessory Structures, and Lot Coverage 14 Release Conservation restriction -Board of Selectmen Peter Sanborn Place Yb 3 Amend Capital Improvement Board of Selectmen e Program FY 2008 - FY 2012 Page 1 of 1 Hechenbleikner, Peter From: Zambouras, George Sent: Wednesday, September 19, 2007 5:12 PM To: Hechenbleikner, Peter Cc: LeLacheur, Bob; McIntire, Ted Subject: FW: Franklin St. cost overruns Attachments: Franklin Overrun combined.pdf. Pete Attached is breakdown of the final costs for the Franklin Street sidewalk project. The number I indicated yesterday was adjusted to reflect the actual final measurement for the loam & seed installed and to include a police invoice received yesterday. The total money expended on the project is $439,253.54 which is $114,053.54 over the funds received for the state. The project overage is primarily from the following: $68,500 is due to the installation of the mandated handicap ramps for roadways along the easterly side of Franklin Street (these were not included in the original estimate or contract) $31,300 for Police details within the original contract area (excludes police required for the handicap ramps) $12,400 for loam and seed which was installed under our existing contract George From: Cole, Christopher Sent: Wednesday, September 19, 2007 4:49 PM To: Zambouras, George Subject: Franklin St. cost overruns Christopher A. Cole Civil Engineer Town of Reading, Engineering Division (781) 942-6685 (781) 942-5441 - fax N63 9/20/2007 Franklin Street Cost Overrun Breakdown Original Contract Amount $ 317,011.40 Miscellaneous Project Overruns (see spreadsheet) + $ 10,046.00 Heimlich Landscaping (Loam and Seed) + $ 12,376.00 Police Details + $ 31,271.14 Project Total (Less HP Cost) $ 370,704.54 Additional Concrete Handicap Ramps $ 58,955.00 Landscaping + $ 2,717.00 Police Details + $ 6,877.00 Additional HP Ramp Cost $ 68,549.00 Total Project Cost $ 439,253.54 Franklin Street budget - $ 325,200.00 Required Additional Funding $ 114,053.54 qbL y Page 1 of 3 Hechenbleikner, Peter From: Burns, Greg Sent: Thursday, September 20, 2007 3:43 PM To: Ben Tafoya Cc: Hechenbleikner, Peter Subject: RE: Reading Fire Department's Weekly Notes Attachments: image001.png -K4 '+Tb T~~~~~ Y HEADQUARTERS READING FIRE DEPARTMENT Reading, Massachusetts 01867 GREGORY J. BURNS, Chief 757 Main Street BUS. Phone: 781-942-9181 STA. Phone: 781-944-3132 Fax: 781-942-9114 TO: All Personnel FROM: Chief Gregory J. Burns DATE: September 20, 2007 RE: New Ladder Truck The replacement of Ladder 1 had been planned for fiscal year 2013. Over the last year Ladder 1 has beer service for repairs far too frequently, and I sought to move the replacement to fiscal year 2010. Since the Wakefield Fire Department was also planning to replace their ladder truck in fiscal year 2010, this provk opportunity to work together to design the same ladder truck and receive a multi-unit discount from the manufacturer. Over the last several weeks the nature of the repairs and the amount of time Ladder I has been out of ser, caused great concern. Therefore, I have requested funds be appropriated to replace it in July of 2008. I informed yesterday the Town Manager will make a request on Tuesday, September 25, 2007 to the Boar( Selectmen to place a debt authorization warrant article for a new ladder truck for consideration at the No, Town Meeting. If this article is approved by the Board of Selectmen and Town Meeting we will have th available to purchase a replacement ladder truck in January 2008. This accelerated time frame could allo, have a new ladder truck in service in November of 2008. 9/20/2007 Page 2 of 3 To ensure we request sufficient funds, meet this very tight time frame and to have an accurate budget nur Tuesday, September 25, 2007, we have developed specifications for a 100' ladder truck that will have thf features: ♦ Stainless steel body and cab ♦ Same cab layout as our new engine ♦ Standard compartment layout ♦ Same motor and transmission as our new engine ♦ Heavy duty ladder (500 pound tip load) ♦ Pre-piped pinable water way ♦ Remote operation of the waterway ♦ Hydraulic generator o Receiver hitch for a winch s Reels for Amkus tool and electric cords ♦ Removable anchor devices on aerial From: Ben Tafoya [mailto:BenTafoya@planetnw.com] Sent: Thursday, September 20, 2007 3:38 PM To: Burns, Greg Subject: RE: Reading Fire Department's Weekly Notes Hi Chief, Can you forward the memo on the ladder truck when you get a chance? Thanks, Ben Tafoya Planet Networks Inc. 203 Middlesex Turnpike Burlington, MA 01803 Phone US and Canada: (800) 786-1105 Phone International: (781) 272-3311 Mobile: (617) 953-2530 Fax: (925) 905-3178 www.Dlanetnw.com benna,nlanetnw.com From: Burns, Greg [mailto:gburns@ci.reading. ma.us] Sent: Thursday, September 20, 2007 3:30 PM To: Anthony, Camille; Hechenbleikner, Peter; Jackson, Paul; Keenan, Cindy; Reading - All Fire Department; Reading - Police Dispatchers; Reading - Selectmen Subject: Reading Fire Department's Weekly Notes Weekly Notes Week of September 21, 2007 q 9/20/2007 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 Registry of Motor Vehicles, 275 Salem Street. 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 Mobil ;oriithe Run, 1330 Main Street The date of posting bein'g.,not loss than fourteen '(1 4) days prior to November 13, 2007, the date set for the Subsequent Town:!Meeting-'in this Warrant. I also caused an attested copy of this Warrant to be published in the Reading Chronicle in the issue of Robert H. Prince, Constable A true copy. Attest: Cheryl A. Johnson, Town Clerk qb 9 1 SUBSEQUENT TOWN MEETING (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 elections and Town affairs, to meet at the Reading Memorial High School Auditorium, 62 Oakland Road, in said Reading, on Tuesday, November 13, 2007, 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 1 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, Conservation Commission, Town Manager and any other Board or Special Committee. Board of Selectmen ARTICLE 2 To choose all other necessary Town Officers and Special Committees and deter rnne'what instructions shall be given Town Officers and Special Committees, and to see wh'ati sum the Town will raise by borrowing or transfer from available funds, oruotherwise, an`d appropriate for the purpose of funding Town Officers and Special Committees' Ito carry out the instructions given to them, or take any other action with respect thereto. Board of Selectmen ARTICLE-3 To see if the Town will vote to amend the FY 2008 -.FY 2012, 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 ARTICLE 4 To see if the Town will vote to amend one or more of the votes taken under Article 13 of the April 23, 2007 Annual Town Meeting relating to the Fiscal Year 2008 Municipal Budget, and see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate 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 c ARTICLE 5 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 ARTICLE 6 To see if the Town will vote to establish a stabilization fund, or take any other action with respect thereto. Board of Selectmen ARTICLE 7 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 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 r( §quirements; 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 Board of Selectmen Oil ARTICLE 8 To see if the Town will vote -to rescind authorized but unused debt for: • The Barrows School project as, authorized by Article • The Birch Meadow Tennis Courts as authorized by Article 21 of the 2007 Annual Town Meeting or take any other action with respect ith'6reto. Board of Selectmen ARTICLE 9 To see what sum the Town will raise by borrowing, or transfer from available funds, or otherwise, and appropriate for the purpose of making improvements to or replacing the Birch Meadow Tennis Courts, including the costs of engineering services, plans, documents, cost estimates, bidding services, construction management services, and all related expenses incidental thereto and necessary in connection therewith, said sum to be expended by and under the direction of the Town Manager; and to see if the Town will authorize the Board of Selectmen, the Town Manager, or any other agency of the Town, to apply for a grant or grants, to be used to defray the cost of all, or any part of, said improvements; and to authorize the Town Manager to enter into any and all contracts and agreements as may be necessary to carry out the purposes of this Article, or take any other action with respect thereto. Board of Selectmen 1, b ARTICLE 10 To see what sum the Town will raise by borrowing, or transfer from available funds, or otherwise, and appropriate for the purpose of purchasing a fire ladder truck, including the costs of consulting services, plans, documents; cost estimates, bidding services and all related expenses incidental thereto and necessary in connection therewith, said sum to be expended by and under the direction of the Town Manager; and to see if the Town will authorize the Board of Selectmen, the Town Manager, or any other agency of the Town, to apply for a grant or grants, to be used to defray the cost of all, or any part of, said fire engine; and to authorize the Town Manager to enter into any and all contracts and agreements as may be necessary to carry out the purposes of this Article, or take any other action with respect thereto. Board of Selectmen ARTICLE 11 To see what sum the Town will raise by borrowing, or transfer from available funds, or otherwise, and appropriate for the purpose of constructing curbing, sidewalks, and pedestrian improvements, including the costs of consulting services, plans, documents, cost estimates, bidding services and all related expenses incidental thereto and necessary in connection therewith, said sum to be expended by and under the direction of the Town Manager; and to see if the Town will authorize the Board of Selectmen, the Town Manager, or any other agency of the Town, to apply for a grant or grants, to be used to defray the cost of all, or any part of, ;said fire engine; and to authorize the Town Manager to enter into any and all contracts and agreements as may be necessary to carry out the purposes of this Article; provided however that any borrowing authorized by this article and any appropriation subject to this article shall be contingent upon the passage of a debt exclusion referendum question under General Laws Chapter 159, section 21c within 90 days of the close of this Special Town Meeting, or take any other actioriwith respect thereto. „ Board of Selectmen ARTICLE 12 To see if!`the„ Town will vote to accept General Laws Chapter 44 sections 3-7, known as the Community Preservation Act, which establishes a special "Community Preservation Fund" that may be appropriated and spent for certain open space, historic resources and affordable housing purposes; and to see if the Town will vote to approve a property; tax surcharge in an amount not to exceed 3 %of the taxes assessed annually on real property which shall be dedicated to the fund, such surcharge to be imposed on taxes assessed for fiscal years beginning on or after July 1, 2008, and to exempt from the surcharge one or more of the following: (1) property owned and occupied as a domicile by a person who would qualify for low income housing or low or moderate income senior housing in the community; (2) Class three Commercial, and Class 4 Industrial property in any year the Town adopts a higher tax rate for those classes; (3) $100,000 of the assessed valuation of Class One Residential parcels. Or take any other action with respect thereto. Board of Selectmen q 2 f 4 ARTICLE 13 To see if the Town will vote to amend the Zoning Bylaws of the Town of Reading as follows: Add sections 2.2.5.01; 2.2.13.1, 2.2.21, and 2.2.23.1 as follows: 2.2.5.0.1 Accessory Buiidinq,: A detached single story building the use of which is customarily incidental and subordinate to that of the principal building and which is located on the same lot as that occupied by the principal building. An Accessory Building shall not be used to house people, domestic animals, or livestock. Nor shall it be used as an independent commercial enterprise. An Accessory Building located within 10 feet of the principal building shall be subject to the dimensional requirements applicable to the principal building. 2.2.13.1 Garage, Detached: A detached single story accessory building serving as storage for personal vehicles or other_ items belonging to the occupants of the premises that is used for residential purposes. Such building shall be fully enclosed. A detached garage located within 10 feet of the principal building shall be subject to the dimensional requirements applicable to the principal building. 2.2.21. Lot Coverage: The percentage of the total lot area covered by principal and accessory buildings (Accessory Building, Detached Garage and/or Carriage House-Stable-Barn). 2.2.23.1 Open Space:- The percentage of the total lot area that consists of undisturbed natural vegetation, grasses, landscaping or otherwise naturally perm6b'ble materials;-and is completely devoid of any building, stru'cture;l,road, driveway, parking area, walkway, patio, deck, pool, tennis court, basketbalVcourt,, or other similar pervious and/or imperious materials. Amend sections 5.2.3.5;' and 5.2.3.6 to, read as follows: 5.2.3.5 No building shall be; located within the required side yard setback except for a detached garage or accessory building for a one or two family dwelling or any other permitted principal use in a Residence District. Such building shall conform to the dimensional requirements of Table 5.2.3.7. 5.2.3.6 No building shall be located within the required rear yard setback except for a detached garage or accessory building for a one or two family dwelling or any other permitted principal use in a Residence District. Such building shall not occupy more than 25% of the rear yard. Such building shall conform to the dimensional requirements of Table 5.2.3.7. LI, b ~'1i Add Table 5.2.3.7 as follows: Table 5.2.3.7 Garage Detached and Accessory Building Dimensional Controls - All Residential Districts Accessory Floor Area (square feet) 100 or less 101 to 300 301 to 650 651 or greater Max. Building Height Min. (feet) 10 I 14 16 Not Allowed Side and Rear Yard (feet) 3 10 15 Or take any other action with respect thereto. Community Planning and Development 'Commission ARTICLE 14 To see if the Town will vote to authorize the Board of Selectmen to file the following or similar legislation with the Great and General Court: AN ACT RELEASING CERTAIN LAND IN THE TOWN OF READING FROM THE OPERATIONJOF A CONSERVATION RESTRICTION Be it enacted ,6the Senate and House"of Representatives in General Court assembled, and by the a`uthorityof,same, as follows: Section 1 Pursuant to Section 32 of Chapter 184 of the General Laws and notwithstanding any other gene,ral,,,;or;: special law to the contrary, the department of conservation and recreation may `r I lease a conservation restriction dated January 24, 1983, recorded in the Middlesex South Registry of Deeds at 14938, Book 486, being more particularly described as follows: The parcel of land labeled "Parcel B" (Developed) containing 2.85: acres more or less, as shown on the plan of land entitled "Plan for Conservation Restrictions, Bay State Road, Reading, Mass.", Scale 1" = 40' by R.E. Cameron & Associates, Inc. dated Jan. 25, 1982 recorded said deeds in Plan Book 1983, Page 259. Section 2. This act shall take effect upon its passage. Or take any other action with respect thereto. Board of Selectmen 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 November 13, 2007, the date set for the meeting in said Warrant, and to publish this 60 6 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 25th day of September, 2007. James E.`Bonazoli, Chairman Stephen A. Goldy, Vice Chairman Ben Tafoya, Secretary Camille W. Anthony Richard W. Schubert SELECTMEN OF READING OP$F9~~•G Y ~ Town of Reading ~d two 16 Lowell Street rs3s. txco~e°¢A~ Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager@ci.reading.mams MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: September 21, 2007 RE: September 25, 2007 Agenda TOWN MANAGER (789) 942-9043 le) The, Assistant Town Manager/Finance Director is requesting approval of extension of internal borrowing for the technology improvements. This is related to timing of a debt sale. le) The Reading Overseas Veterans (VFW) is requesting a change of manager. This does not require a hearing. 2a) The Knights of Columbus have requested their annual proclamation. We assume that members of the Knights of Columbus will be present to receive the proclamation, tell the Board a little about the program and leave the traditional tootsie rolls and fundraising can. 4a) Enclosed is Town Counsel's email and proposed changes to the LIP Regulations. These regulations are significantly simplified from those that the Board currently has. Town Counsel will be present to discuss these. 4b) Enclosed is the outline and the beginning of the draft warrant for the Subsequent Town Meeting. We know of only 13 potential articles. One item that staff has added from our previous discussion is a debt authorization for the replacement of the ladder truck. It is becoming more and more evident that this needs to be replaced and because the order time is about one year we should move forward with this now. 4c) The material is the application for the Longhorn Steakhouse Liquor License. This is adjacent to Bertueci's for which the Board has previously granted a license. 4d) I've been discussing with Bertucci's an improvement to the design of their outdoor dining area that would provide an appropriate separation between the public and the qc., LEGAL*NOTICE. TOWN OF READING To the Inhabitants of the: T. Oma of Reading: Yau are hereby notified' that. an application for an all alco ' holic liquor license has been applied -for-by RARE Hospltallty International, ,inc. d/b/a Longhorn Steak House. The,'; ; application, la; for the premises on 39 Walkers-Brook Drive, Reading., Mass-achusettsr j Under the provisions of Chapter 38,. ;eotion. 15- of . the Massachusetts General Laws,` ,a OW. is hearing will. be held .by the Board. of. Selectmen concerning. this application on. Tuesday,. September 25,-2.007' at -8:30 p..m. in •the.Selectmen's Meeting Room,: 16 -Lowell Street, R-e&ding,-:.` Massachusetts. Ali interested parties are-... -invited. to attend or-submit their.. com_tnen.ts. in -writing.; ,ar by email to Town Manager at town mahaaerO ci.readirimma.ms., By order. of Peter 1. Hechenbleikner.. Town Manager. q GI t tt? TOV` N OF READING zIR1 0 AgUTCERS LIST MA 01880 TONE HAM MA 41940 MAILING ADCRESS WAKEFIELD MA 42114 --l-TOWN HALL ~ LYNNFIELD MA 01887 9(7t2047 O 1 LAFAYETTE STREET 01864 ~N.I1Et~2 016 TON 55 SUMMER STREET 'aTH FLOOR B INGTON MA 41841 D ONE GONGRESS ST WILM H READING MA 42111 p LOT 9 OWN AM PLANNING BOAR 121 GLEN OWN ~fP NIA ~„MA ST ON PLANNING BOARD RTROTREET NOR MA BOARD DEV. STREET BOSTON OWN STATE p27i8 WAKEFIELD 235 NO PLANNING & COM. 10 GOMMON S 03114 LYNNFIELD OF HOUSING STREET OWN CITY MA MASS DEPT NNING BOARD 60 TEMPLE E,TAUNTON NH 01867 W1LMINC'TON PLA KING BOARD . OWN ADDR RIVE BEDFORD MA 01867 NO READING PLA BOARD 4509 EVOLUTIONARY D 03110 RTH RN PLANNING N MAPG RIVER RD READING MA 00000 VVOBU NING COUNCIL OWN Abp DEPARTMENT 169 SOUTH DR READING BEDFORD NH -92 METRO AREA PLAN 20 POND MEADOW OR MA Q1867 ATTN MEADOW OWNER'" ESTATETRUST TATET 20 PONDTH RIVER RD QUINGY MA 77201 10 0 RDANIS FURNI LR~ 1NG GATTO REAL US REAL ES 169 SOU E BROOK PKWY READING TA 02169-4758 PROP PIECES OF E1GH CADUGE i266 FURNAC BROOKDR 02132 246457000004218 JOIECES MANGY V TRUSTEE READING HOUSTON MA 42160 246044A000002a'0 B ETALTRUSTEES 88 W QXLKERS 4369 QUINGY MA' A040001480 JOSEPH p0 B CE BROOK PKWY MA 01803 246044 TAYLOR TNERSHIP W BOSTON ~ ViLLE 30339 PIECES OF EIG ~K CROSSING LLC LIMITED PAR AGES LLC 1266 FURNA ST NE MA 246044Aa00002a6a S BRO CIO EQUNA SER DEVELOPMENT 201 RIVERMOOS E 250 41803 246044AO00002030 W ALKER 1CKENSON BURLINGTON GA BLACKSMITH ENTERPRISES tl CIO D 29 CRAFTS ST ATLANTA MA 01867-3254 246457000000023& ENTERPRISES LCROSSING LLG 15 THIRD AVE gURLtNCaTON 02'69 2464570000000270 t,AOTNA M J it REALTY TRUST CES FERRY RD MA OOK .46046000()0""070 TWOWALKER~OMPANY 2455 PA READING MA 00000 246457a00a04422& BOSTON GAS JR TR OT USA ING 15 THIRD AVE UINGY MA 02176 IODICE MCHAEL F NTS LLC HOME DEP 80 NEW CROSSING OK PARKIN A QANTON MA 0' 867 2460460000040034 INVESTME YLAIyD ING 1266 FURNACE BRO 01867 BROOICVEEW ENT OF MAR C!O FRAEN REAL ESTA ENT CORPN EDHAM ST PARKINN QUINCY MA 2484570000000020 HD DE VELOPM ENTS LLG 777 D BURLINGTON 4'867 246046000000408O INVESTM ELOPM CE BROOK MA NEWVtEW LIMITED PARTNERSH t}ICKENSON DEV 1266 FURNA READING MA 03114 24605 0004000494 7040000021 A NEW CROSSING 15 THIRD AVE EADIN READING NH 03110 246046 246028400a0002ia 25 WgD LLG FARMS ING PO BOXLL STREET BEDFORD NH 02130 400000140 CUMBERLAND REALTY' TRUST 11669 LOW S4U BEDFORD 2460460 BD LLC TRIANGLELLC DANIS READING TH RIVER RD CROSSING 169 SOUTH RIVER RD BOSTON 24605744000000'0 MA W 24604604000004' 0 25 GEORGE E. TR BORW AY 2460460000440120 pANIS 500 AR 246045000000001& TOWN OF READING LLG 2460284000004240 PIECES OF 2460440000000310 PIECES OF E EIGHIGHT + LLC TRANS AUTHORITY 24604400 000 320 MASS BAY 2460450000040030 PARED By. Penni DudleY LIST PRE BOARD OF ASSESSORS THE READING GHMN. oLORUSs RALPH A' VICE CHMN• FRANK J• t~ C~~~%t~ C ORDSTRAND,SEC. t ROBERT 1• N THE COMMONWEALTH OF MASSACHUSETTS ALCOHOLIC BEVERAGES CONTROL COMMISSION License Number FORM 43 Reading, m City/Town Date Tvne of Transaction (Please check all relevant transactions) New License New Officer/Director Pledge of License ( )'Transfer of License Change of Location Pledge of Stock Change of Manager Alter Premises Other O Transfer of Stock RARE o. n ' tal t;,y Interna-tional Inc. Name.of licensee Longhorn Steak House D/B/A 39 Walkers Brook.Dr.ive Address: Number Street FID of Licensee James Rocco Lamo Manager Raarl ina_ MA 01.867 Zip Code Annual All Alcoholic' Restaurant Annual or Seasonal Category: All Alcohol, Wine & Malt Type: -Restaurant, Club, Package Store, Inn, General on Premise, Etc. Description of Licensed Premises: Full service restaurant with dining room, lounge.area,.bar-and.k-itchen. Handicap restrooms for men and vomen,.;emergen.cy exits` Application was filed: 9/4/07 3:16 p.. m. Advertised: 9/7/.07.. - Chronicle Date & time Date & Publication Abutters Notified X Yes No Person to contact regarding this transaction: Name: Barry Gerstein Address: 20 Brussels-Drive, Nashua,, NH 03063 Phone 603-595-000.1. Remarks: The Local Licensing Authorities Alcoholic Beverages Control Commission By: ~Men Moriarty Executive Director Remarks: C,,-3 u ~ City/Town: Reading The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 Application for Alcoholic Beverage License for Retail Sale ( X ) New License ( ) New Officer/Director ( ) Transfer of License ( ) Other ( ) Transfer of Stock (specify) Section 1 Name to appear on the license: RARE Hospitality International, Inc. Business Name (d/b/a, if different): LongHorn Steakhouse Manager of Record: James ROCCO Lagno FIDofLicensee: Address of Premises: 39 Walkers Brook Drive Zip Code: 01867 Phone number of premises: None Vet Section 2 Type of license: (check one only) ( ) Club ( ) Package Store ( ) Veterans Club ( ) General on Premise (X) Restaurant ( ) Other ( ) Innholder ( ) Tavern Section 3 License Category ( X) All Alcoholic ( ) Wine and Malt ( ) Malt Only ( ) Wine Only ( ) Wine and Malt, with Cordials Permit Section 4 License Class ( X) Annual ( ) Seasonal Section 5 Person (attorney if applicable) who can be contacted concerning this application Name: Barry Gerstein Address: 20 Brussels Drive, Nashua, NH 03063 Phone Number: (603) 595-0001 ~ Gw Section 6 Give a full description of the premises to be licensed, including location of all entrances and exits: Full service restaurant facility. with annrox. 5.000 sauare feet of gross floor area. with a full service kitchen, dining room. bar and lounge area: seating 198 people. Front entrance/exit for public, side emergencv exit. rear entry/exit for emerg. & deliveries. Handicap restrooms for men & women. 6a. Seating Capacity: 198 Occupancy Number: Section 7 Applicant is an: ( ) Association ( x) Corporation ( ) Individual ( ) Partnership ( ) Non-profit corporation ( ) LLC Section 8 If applicant is an individual or partnership - List for individual or each partner: Full Name I Home Address I DOB SSN N/A 8a. Is individual or all partners United States citizens? ( ) Yes ( ) No If no, specify citizenship: 8b. Is individual or all partners involved at least twenty-one years old? ( ) Yes ( ) No Section 9 If the applicant is a corporation, complete the following: State of Incorporation: Georgia Date of Incorporation: 12/29/82 Fiscal Year Ends: December 31 Date qualified to do business in MA: 3/2/98 9a. How many shares of stock are authorized? 25.000.000 How many shares are issued? 11:979.5000 Provide in the box the names of all officers; directors, stockholders and manager. Use * to indicate director Title Full Name Home Address DOB SSN Shares of stock owned or controlled SEE ATTACHMENT #1 Manager James Rocco 9 Prince Street r 9b. Attach a copy of the vote by the Board of Directors appointing a manager or principal representatives. 9c. If the applicant is a corporation, answer the following questions: 1. Are the majority of directors United States citizens? (X) Yes ( ) No 2. Are the majority of directors citizens of Massachusetts? ( ) Yes. (X) No' 3. Is the manager or principal representative a U.S. citizen? (X) Yes ( ) No Section 10 If the applicant is an association, provide in the box below the names of all association officers and members: N/A Title I Full Name I Home Address I DOB I SSN I Phone Number 10b. Attach a list of all members of the LLC. N/A Section 11 Will there be any construction, remodeling, redecorating or building on the premises for this license? (X) Yes ' ( ) No (If yes complete a,b, c and d) a. Give an exact description of the construction, remodeling, redecorating or building on the premises: Construction of a new LongHorn Steakhouse-restaurant. b. What are the estimated costs: Bui 1 dine : $1 .250 .000 ; FF & E : $350 .00 0 . c. What is the construction schedule: Start: 8 / 2 0 / 0 7 ; Comp 1 e t e : 1 / 1 / 0 8 d. State all sources of construction financing: Cash flow. Section 12 B1d Land Do you own the premises? ( X Yes (X) No. If yes, please respond to the question below. ( ) As an individual ( ) Jointly Name of.Realty Trust RARE Hospitality Internation 1eofcorpomtion ( ) Other (If you do not own the premises to be licensed, provide the following information about the owner.) Name: Newview Investments, LLC Phone Number: (781) 272-4000 Address: C/o Nordbloom Manaizement Co., 15 Third Ave.. . Burlington, MA 01803 12a. If a lease or rental, provide the following information: $ 17 4 .9 9 6 per v e a.r (month, year, etc.) Beginning date of lease 1 / 1 / 0 8 Ending Date of lease 12/31/22 (provide copy of the lease) FINANCIAL Section 13 What assets were purchased and cost? Equipment: $ 2 0 0.0 0 0 Furniture:. $ 15 0: 0 0 0 Goodwill: $ 0 Inventory: $ none yet License: $ 0 Premise: $1 , 250 , 000 13a. Total Purchase Price: $ 1, 6 0 0, 0 0 0 13b. Identify below all sources of financing: Mortgage: $ 0 Seller: $ 0 Cash: $ 1, 600 , 000 Other (specify): $ 0 Document all sources e.g. Loan papers, checking accounts, stock sales, etc. 13c. All other terms and conditions: None (provide purchase and sale documents) 13d. Are you seeking approval for license to be pledged: ( ) Yes (X) No If yes, to whom: NIA 13e. Will the inventory be pledged: ( ) Yes (X) No If yes, specify to whom: N/A 13f. If a corporation, are you seeking approval for any corporate stock to be pledged: ( Yes (X) No If yes, identify to whom and identify the number of shares:' N/A OWNERSHIP INTERESTS Section 14 State the•following information for all persons or entities who wilfhave any direct or indirect beneficial or financial interest in this license: I Full Name I Home Address I DOB I SSN Phone Number SEE ATTACHMENT #1 f` r V 14a.. Describe all types of beneficial or- financial interest each person or entity identified in Question 14 will have in this license: Person or entity Beneficial or financial interest See Attachment People listed have beneficial or financial- interests as officers, directors 41 and/or shareholders of the corporation. 14b. Does any person or entity listed in Question 14 have any direct or indirect beneficial or financial interest in any other license granted under Chapter 158? (x) Yes ( ) No Name I Type of license I License Name and Address I Description of Interest SEE ATTACHMENT 42 14c. Has any person or entity listed in Question 14 ever held a license or a beneficial interest in a license issued under Chapter 188 which is not presently held? ( x) Yes ( ) No (If yes, provide the following for each person or entity.) Name I Type of License I License Name and Address I Date ownership surrendered SEE ATTACHMENT #3 14d. Describe how all licenses in Question .14c were terminated (e.g. transfer of ownership, non-renewal, surrender, etc.) Date I License I Reason why the license was terminated. June 21, 2007 Sale of all Bugaboo Creek Steak House restaurants 6%" 14e.. Has any person or entity named in Question 14 ever had a license suspended, revoked or cancelled? (x) Yes ( ) No (If yes, provide the following information) Date ( License Reason why the license was suspended, revoked.or cancelled 3/30/07 Lonftm Sale of alcohol to a minor. Steakhouse Franklin, NIA 14f. Has any person or entity named in Question. 14 ever been convicted of violating any state, federal or military law? ( ) Yes ( x) No 16. a. Each individual applicant must sign. b. Applications by a partnership must be signed by a majority of the partners. C. Applications by a corporation must be signed by an officer authorized by a vote of corporation's. Board of Directors. d. Applications by an association must be signed by a majority of the members of the governing body. All signers must have answered question lo. e. False information or failure to disclose are reasons to revoke a license or deny a license application. Signed and subscribed to under the penalty ofpedury, this day of J 16A , Qo . Bv: SSii?i a ree of Full Name Title / li~x + cc-~' ! President v G~ "VOTE" OF BOARD OF DIRECTORS July 20, 2007 At a meeting of the Board of Directors of RARE Hospitality International, Inc., d/b/a LongHorn Steakhouse, held at Atlanta, Georgia on July 20, 2007, it was voted: "VOTED" To appoint James Rocco Lagno of Manchester, NH as its manager or principal representative of its restaurant located at 39 Walkers Brook Drive, Reading, Massachusetts, with full authority and control of the Premises described in the License of the Corporation and the conduct of all business therein relative to alcoholic or wine/malt beverages as the licensee itself could in any way have and exercise if it were a natural person resident in the Commonwealth of Massachusetts and that a copy of this vote duly certified by the Clerk of the Corporation and delivered to said manager or principal representative shall constitute the written authority required by Massachusetts general Laws, Chapter 138, Section 26. This Corporation has not been dissolved. A True Copy Attest Pre ent ` ~k (j, o "VOTE" OF BOARD OF DIRECTORS July 20, 2007 At a meeting of the Board of Directors of RARE Hospitality International, Inc., d/b/a LongHorn Steakhouse, held at Atlanta, Georgia on July 20, 2007, it was voted: "VOTED" To authorize Eugene I. Lee, Jr., President and/or Barry Gerstein, as Authorized Agent, to sign the applications and apply for (including any appearances on behalf of the corporation necessitated by the application process) the restaurant all-alcoholic beverage license for the LongHorn Steakhouse to be located at 39 Walkers Brook Drive, Reading, MA. This Corporation has not been dissolved. A True Copy Attest 1 Eu e I. Lee, Jr. Pre ' dent ~G1~- U71 4r Tommomratt4 of Masilar4asetts ALCOHOLIC. BEVERAGES CONTROL COMMISSION 239 Causeway Street, First Floor Boston, Massachusetts 02114 FORM A LICENSEE PERSONAL INFORMATION SHEET THIS FORM MUST BE COMPLETED FOR EACH; A. NEW LICENSE APPLICANT X B. APPOINTMENT OR CHANGE OF MANAGER IN A CORPORATION C. TRANSFER OF LICENSE (RETAIL ONLY - SEC. 12 & SEC. 15) (Please check which transaction is the subject of an, application accompanying this Form A:) PLEASE TYPE OR PRINT ALL INFORMATION ALL QUESTIONS MUST BE ANSWERED AND TELEPHONE NUMBERS PROVIDED OR APPLICATION WILL NOT BE ACCEPTED Tel: 617-727.3040 Fax: 617-727-1258 1. LICENSEENAME: RARE Hospitality International, .Inc. , dba LongHorn Steakhouse (Name as if would appear on the license) 2. NAME OF (PROPOSED) MANAGER: James Rocco Lagno 3. SOCIAL SECURITY NUMBER: 4. HOME (STREET) ADDRESS 9 Prince Street, Manchester,. NH 03102 5. AREA CODE AND TELEPHONE NUMBER (S): (Give both, your home telephone and a number at which you can be reached during the day). DAYTIME# (603) 493-4820 HOME# (603) 624-9091 6. PLACE OF BIRTH: 8. REGISTERED VOTER: X YES NO 9. ARE YOU A U.S. CITIZEN: X . YES NO 7, DATEOFBIRTH: . 8A. WHERE? New Hampshire 10. COURT AND DATE OF NATURALIZATION: N/A (Submit proof of citizenship and/or naturalization such as Voter's Certificate, Binh Certificate or Naturalization Papers) 11. FATHER'SNAME: Rocco G. LaRno MOTHER'S MAIDEN NAME: Gloria Gahr 13. IDENTIFY YOUR CRIMINAL RECORD, IF.ANY, (Massachusetts, Military, any other State or Federal): None Form 995 Hobbs & Warren Boston At/' THIS FORM APPROVED BY THE ALCOHOLIC BEVERAGES CONTROL COMMISSION 14, ANY OTHER ARREST OR APPEARANCE IN CRIMINAL COURT CHARGPD WITH A CRMNAL OFFENSE RfiGARDL• ESS OF FINAL DISPOSITION: ' YES X NO (MIDST CHECK EITH-FR: •.SYF -OR NO) 15. PRIOR EXPERIENCE IN THE LIQUOR IND'USTRY' X YES NO IF YES, PLEASE DESCRIBE: . I- have been a server, bartender and manager at restaurants 'serving alcoholic beverages- since 1982. 14. FINANCIAL-INTEREST, DIRECT OR INDIRECT, IN ANY OTHER LIQUOR LICENSE, PERMIT OR CERTIFICATE: YES X NO IF YES, PLEASE DESCRIBE: N/A 17. EMPLOYMENT FOR THE LAST TEN YEARS (Dates, Position, Employer, Address, Telephone Numbers): 1/02-Present; Manager'; RARE Hospitality Int'l,. Inc., Atlanta, GA 30350 9/.92-12/01; Mana57er; New England Restaurant Comoanv (Chile's Franchisee) Randolph. MA and Brinker Int•ernationa•1•;. Dallas., TX.. 18. HOURS PER WEEK TO BE SPENT ON THE LICE N.S;1~I~. PREMISES: 40+. 19. I HEREBY SWEAR THAT UNDER THE PAINS AND PENALTIES OF PERJURY THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. BY: Alkft-40 PROPOSED MANAGER!"S'IGNATVRE ,/2-0/7 / PLATE 13 TELEPHONE ELECTRIC CAS METER CABLE TV 2' WATER METER e o s o 0 0 4' SANITARY i it t h c 2.-3' 4' SANITARY SEIMER TO GREASE TRAP r- t J ► 1 L coca 7,31-4' p 1 LH6 PROTO SEATING COUNT: SQUARE FOOTAGE: DINING SEATS 140 BUILDING 5002 BAR SEATS 42 COOLER 274 TOTAL: OLS i ® m TOTAL: BUILDING(NET) 42033 NORTH: SOUTH: (MATER HEATER 400 M6H WATER HEATER 400 UN HEATING 920 MIN HEATING 480 Mail COOKING 710 lf@4! COOKING 2X-16 c TOTAL: 2050 MIH TOTAL: 1810 MBN FLECTRIC C ac 120/208 VOLT. 800 AMP 3 PHASE. 4 WIRE. Y SERVICE MNA CONNECTED. LOAD DISODN ECT RATE AT 42.000 AMPS RMS TELEPHONE 6 BUSINESS LINES -3 ROLL OVER TOUCH TONE THROUGH SYSTEM -2 DATA -i FAX WATER: 2 1/2' CW ENTRY. 75 GPM PEAK SAM 4' SS EXIT LONGHORN S T E A K H O U S E o~y OFR,r Y_ k i r Town of Reading `moo0 16 Lowell Street 63.9. 0R4a Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager@ci.reading.mams MEMORANDUM DATE: September 13, 2007 TO: Fire Chief Greg Burns Police Chief Jiro Cormier Health Administrator Jane Fiore Building Inspector Glen Redmond FROM: Lillian Marino, Town Manager's Office RE: - Application for Restaurant Liquor License I V~ - ..r TOWN MANAGER (781) 942-9043 Attached is an application for a liquor license for Longhorn Steak House located on 39 Walkers Brook Drive. This material will be going before the Board of Selectmen at their meeting on September 25, 2007. Please review this material and get back to us with your comments. Thank you, fo your assistance. m Attachment ,"'fi't-C 7'L/ D'--zc...,~5 G~~-~- E• •G'~•--a~--c..-~._..~,~, . r 1_2 \ P. check to BOH for $200 for license d. copy of workers compensation plan for BOH file e. copy of menu f. dumpster permit g. copy of pest management contract for file h.. at this meeting there will be discussion regarding routine inspection y, . protoc9l,'egrease trap maintenance reports to BOH and the BOH ticket regulation Thank you for, your patience during the review .process. If there.are any questions please email ifiroeaa,ci.readina.ma.us or call 781-942-6653. Sincerely, Jane M Fiore, RN, CHO Health Service Administrator Town of Reading `moo. Ewa 16 Lowell Street '63s ~x~oe°~P~ Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager@ci.reading.ma.us MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: September 21, 2007 RE: September 25, 2007 Agenda TOWN MANAGER (781) 942-9043 lc) The Assistant Town Manager/Finance Director is requesting approval of 'extension of internal borrowing for the technology improvements. This is related to timing of a debt sale. lc) The Reading Overseas Veterans (VFW) is requesting a change of manager. This does not require a hearing. 2a) The Knights of Columbus have requested their annual proclamation. We assume that members of the Knights of Columbus will be present to receive the proclamation, tell the Board a little about the program and leave the traditional tootsie rolls and fundraising can. 4a) Enclosed is Town Counsel's email and proposed changes to the LIP Regulations. These regulations are significantly simplified from those that the Board currently has. Town Counsel will be present to discuss these. 4b) Enclosed is the outline and the beginning of the draft warrant for the Subsequent Town Meeting. We know of only 13 potential articles. One item that staff has added from our previous discussion is a debt authorization for the replacement of the ladder truck. It is becoming more and more evident that this needs to be replaced and because the order time is about one year we should move forward with this now. 4c) The material is the application for the Longhorn Steakhouse Liquor License. This is adjacent to Bertucci's for which the Board has previously granted a license. 4d) I've been discussing with Bertucci's an improvement to the design of their outdoor dining area that would provide an appropriate separation between the public and the qci' outdoor diners. This is a follow up to the previous discussion that the Board had when the liquor license was granted. I believe the plan was a significant improvement from what was previously shown, and will only need from them additional information on the types of plants. This could be supplied to the Town Manager at a later date. 4e) Selectman Camille Anthony wanted to discuss the establishment of Municipal Building Committee. I be the previous discussion was around the potential need for major work on and/or new Public Library, and perhaps a youth center. 7a) I may have available for you approval of a contract with one of the bargaining units. I have not yet received the final paperwork on it. PIH/ps qJ2--, THE COMMONWEALTH OF MASSACHUSETTS Number: 2007-31 TOWN OF READING Fee: $50.00 This is to certify that STOP & SHOP SUPER MARKET COMPANY LLC d/b/a SUPER STOP & SHOP FOR THE STARBUCK'S PORTION OF STORE, 25 WALKERS BROOK DRIVE, READING, MASS., seating 22 customers, from 6:00 a.rh. to 9:00 p.m., Monday through Sunday IS HEREBY GRANTED A COMMON VICTUALLER'S LICENSE in said Reading, Massachusetts and at that place only and expires December 31, 2007, unless sooner suspended or revoked for violation of the laws of the Commonwealth respecting the licensing of common victuallers: This license is issued in conformity with the authority granted to the licensing authorities by General Laws, Chapter 140, and amendments thereto. Pursuant to Section 3.6 of the Board of Selectmen's Policies, patrons are not permitted to bring alcoholic beverages on the premises for their own consumption and licensees are not permitted to keep alcoholic beverages on the premises except for a small quantity that is used in the preparation of certain specialty cooked foods. All signs shall conform with the sign regulations of the Town of Reading. In Testimony Whereof, the undersigned have hereunto affixed their official i r s. r Date Issued: September 17, 2007 z GARY S. BRACKETT JUDITH A. PICKETT JAMES T. MASTERALEXIS STEVEN C.FLETCHER* ELLEN CALLAHAN DOUCETTE DONNA GORSHEL COHEN HEATHER WHITE KINGSBURY JASON D. GROSSFIELD *Also Admitted in ME and CO ATTORNEY/CLIENT PRIVILEGED MATTER Board of Selectmen Town Hall 16 Lowell Street Reading, MA 01867 BRACKETT & LUCAS COUNSELORS AT LAW 19 CEDAR STREET WORCESTER, MASSACHUSETTS 01609 508-799-9739 Fax 508-799-9799 September 21, 2007 OF COUNSEL ELAINE M. LUCAS WINCHESTER OFFICE 165 WASHINGTON STREET WINCHESTER, MASSACHUSETTS 01890 781-729-1500 Fax 781-729-5444 E-Mail: ECDoucette@BrackettLucas.com Please respond to the Winchester office. Re: Sumner Cheney Condominium/ 1375 Main Street, LLC Examination of Basis for Civil Litigation - Potential Fraud/Deceit To the Board: Pursuant to the Board's request, I examined the issue of whether or not the town has recourse to seek the excess profit allegedly owed by the developer, •1375 Main Street Partners, LLC, ("Partners") as determined by the Inspector General's January 2, 2007 report ("IG" and "2007 report" respectively) in connection with the development of a 40B project referred to as the Sumner Cheney Condominium. The excess profit was identified by the town in 2005 after it had received CHAPA's certification report and the town ultimately settled the matter by accepting the payment of $17,976.00. The crux of the matter is whether or not the Board of Selectmen knowingly waived their rights and settled with Partners or, if the settlement was occasioned by fraud or deceit and thus, can be set aside. A brief summary of the history of the Sumner Cheney Condominium and identification of the parties to the underlying transactions as set forth in the town's documents as well as those provided to me by the IG's office is set forth herein. 1. By deed dated October 19, 2000, 1375 Main Street Realty Trust (the "Trust") purchased the land at 1375 Main Street from the Estate of Marena Scoullar for the sum of $270,000.00. According to the Schedule of Beneficiaries for the Trust, Michael Hennessey and Rocco Scippa are the only beneficiaries. -~L ( 2. On November 15, 2000, the Trust entered into a Purchase and Sale Agreement (the "P&S") to sell 1375 Main Street to Rangeway Farms, LLC ("Rangeway") for $600,000.00. Rocco Scippa signed the P&S on Rangeway's behalf. According to the records of the Secretary of the Commonwealth's Corporations Division Rocco Scippa, a beneficiary of the Trust, is the Manager of Rangeway Farms, LLC. The P&S was contingent upon Rangeway receiving a permit to develop a minimum of 12 residential condominium units on the property. However, the property was never transferred to Rangeway and the comprehensive permit was in fact issued to the Trust. 3. By deed dated January 18, 2002 the Trust sold 1375 Main Street to Partners for the sum of $580,000.00. Partners paid an additional $20,000.00 to the Historical Commission in accordance with the comprehensive permit. According to records maintained by the Secretary of the Commonwealth's Corporations Division, Donald F. Van Dyne, Jr. ("Van Dyne") is the Manager of 1375 Main Street Partners, LLC. Partners constructed and sold the Sumner-Cheney Condominium. Partners' development profits were monitored and certified by CHAPA and were the subject of the IG's audit. In its 2007 report, the IG describes Partners' excess profit as being based upon a "bloated" and "deceptive" land acquisition cost. Specifically, the IG characterizes the purchase price set forth in the P&S agreement between the Trust and Rangeway as follows: "It appears that the intent of this inflated related party purchase and sale agreement was to eventually shield the developments excess profits from the town by establishing a deceptive land acquisition cost significantly higher than the as-is fair market value." A more detailed analysis of the circumstances surrounding the excess profit identified by the IG is set forth in my February 15, 2007 memorandum, a copy of which is attached hereto for reference. As opined in that memorandum, though a formal release and settlement of claim was not executed by the town, correspondence and checks were exchanged between Partners and the town that indicated an intent to settle the matter. Absent evidence of fraud, the town is barred from bringing further claims against Partners arising out of the same set of circumstances. Given the law pertaining to fraud and deceit as applied to the facts of this case as we now know them, any attempt by the town to have a court set aside the release and permit the filing of civil litigation against the developer Partners, presents difficulties. To prove fraud, a plaintiff has the heavy burden of proving that (1) the defendant made a misrepresentation of fact; (2) it was made with the intention to induce another to act upon it; (3) it was made with the knowledge of its untruth; (4) it was intended that it be acted upon, and that it was in fact acted upon; and (5) damage directly resulted therefrom. Equipment & Svstems For. Indus., Inc. v. Northmeadows Construction Co.,, Inc., 59 Mass.Abb.Ct. 931, 931 (2003). To determine if the town's 2005 decision to settle the matter and accept $17,976.00 from Partners was occasioned by fraud or deceit, it is the actions of Partners. the entity with whom the town settled that must be evaluated, not the actions of the Trust or Rangeway. While it appears that the Trust and Rangeway were less than forthcoming ~b v in identifying their beneficiaries and/or principals, there is no evidence that Partners did the same. Furthermore, the alleged overvaluation of 1375 Main Street was specifically identified and discussed by the town prior to settling the matter. Despite the IG's careful evaluation of this matter, the 2007 report is focused upon the alleged deception between the Trust and Rangeway as evidenced by the P&S Agreement and the inflated purchase price. However, the land was never conveyed from the Trust to Rangeway and therefore, the P&S Agreement had no effect. The IG's characterization of the P&S price as deceptive might be supportable if the conveyance actually occurred and Rangeway constructed and sold the condominium units and submitted its costs to CHAPA for certification. Though Partners purchased the property at a price that clearly reflects the property's value with the benefit of the comprehensive permit, there is no evidence that the purchase was anything other than an arms length transaction (there is no evidence to the contrary and the IG does not suggest such). As I discussed in my February 15, 2007 memorandum, Section 17 of the "Guidelines for Housing Programs in Which Funding is Provided Through a Non- Governmental Entity" (the "Guidelines") as adopted by DHCD, sets forth the method for calculating total development costs and profit and establishes the allowable acquisition cost of the land at "the current appraised fair market value under existing zoning without a comprehensive permit in place. Economic benefits of the comprehensive permit shall accrue to the development and shall not be used to substantiate an acquisition cost that is unreasonably greater than the fair market value under existing zoning." The aforementioned guideline was adopted in 2003 and pursuant to language contained therein, is not applied retroactively. Moreover, the issue of whether or not the town was induced to settle a claim through fraud or deceit is different from the other issue of whether or the town has recourse against an entity, i.e., the Trust, that receives a comprehensive pen-nit and then sells the land that is the subject of that permit at a great profit. Unfortunately, there is no mechanism currently in place by which a town could seek recourse against the Trust based upon a value that includes the comprehensive permit without having to account to the town for that profit. In conclusion, it is my opinion that there is no evidence of fraud or deceit attributable to Partners that would support a petition to set aside the settlement and institute litigation seeking additional recourse. Additionally, there is currently no cause of action that would support the filing of litigation against the Trust for the profit it received upon the conveyance of 1375 Main Street to Partners. However, the decision as to whether litigation should be pursued under these circumstances rests with the Board of Selectmen. Thank you for your attention to the above. I will make myself available to answer any other questions that the Board may have or to discuss this matter further. X63 GARY S. BRACKETT ELAINE M. LUCAS JUDITH A. PICKETT JAMES T. MASTTERALEXIS STEVEN C.FLETCHER* ELLEN CALLAHAN DOUCETTE DONNA GORSHEL COHEN HEATHER C. WHITE *Also Admitted in ME and CO BRACKETT & LUCAS COUNSELORS AT LAW 19 CEDAR STREET WORCESTER, MASSACHUSETTS 01609 508-799-9739 Fax 508-799-9799 February 15, 2007 WINCHESTER OFFICE 165 WASHINGTON STREET WINCHESTER, MASSACHUSETTS 01890 781-729-1500 Fax 781-729-5444 E-Mail: ECDcucette@BrackettLucas.com Please respond to the Winchester office. Peter I. Hechenbleikner, Town Manager Town Hall 16 Lowell Street Reading, MA 01867 RE: Sumner Cheney Condominium/ 1375 Main Street, LLC - Cost Certification Dear Peter: Pursuant to your request, I reviewed the Inspector General's (IG) January 2, 2007 report (IG's report) regarding its independent audit of the above-referenced 40B project, as well as correspondence submitted in response thereto by both CHAPA, as the Monitoring Agent for the project, and the project developer's legal counsel. Briefly, the IG's audit identifies a net developer's profit of 46.7% or an excess profit (over 20%) of $490,893.00, not the 17.7% profit reported by the developer, 1375 Main Street, LLC (the "developer"). In its November 29, 2004 post construction cost certification report ("cost certification report"), CHAPA determined that the developer realized an excess profit of $17,976.00 which sum was eventually paid to the town of Reading. The IG cites as the basis for the markedly different excess profit identified in it's audit a "bloated" and "deceptive" land acquisition cost, and unsupported development costs. The following comments are not limited to the questions set forth in your January 17, 2007 memorandum because I thought it appropriate to provide additional commentary regarding the various recommendations advanced by the IG at the conclusion of the report. As a preliminary matter, please be advised that CHAPA no longer provides monitoring services for the limited dividend aspect of 40B projects though they are still offering monitoring services for the affordability requirement. The regulatory agreements we are now seeing and reviewing for 40B projects contain two monitoring agreements: one for the affordability requirement and the other for the limited dividend requirement. ~7&s Your first question asks whether or not the town has additional recourse to seek the excess profit allegedly owed by the developer as determined by the IG's report. In my opinion, and assuming that the IG's findings are supportable both in law and fact, the filing of a complaint to recover the excess profits identified in the IG report would likely be barred by the town's July, 2005 settlement with the developer regarding the excess profit that was identified by CHAPA in its cost certification report. By way of background, subsequent to the receipt of CHAPA's cost certification the town and the developer entered into negotiations over the $17,976.00 excess profit. The developer contested the accuracy of the cost certification report and what, if any, excess profit was actually realized., In fact, the Board of Selectmen voted to authorize the institution of litigation over the issue. While there is no formal release and settlement of claim between the town and developer, correspondence maintained in our file indicates that by letter dated July 7, 2005 the developer's legal counsel, Attorney Patrick Wood, delivered a check to the town in the amount of $17,976.00 "representing full and final settlement of the claims set forth in your letter [of June 23, 2005]". The check itself was inscribed with the notation for "settlement". The June 23, 2005 letter referenced by Attorney Wood was prepared by this office and set forth the town's refusal of a June 13, 2005 settlement offer. In addition, the June 23, 2005 correspondence cautioned that unless the town received the full amount of the excess profit, i.e., $17,976.00, the town would pursue litigation including a claim for any excess profits related to the inflated land value. According to our file, the issue of the inflated land value was raised by the town at the time of CHAPA's cost certification report but was compromised in an effort to resolve the matter. Notwithstanding the absence of a formal release and settlement of claim, decisional law indicates that when parties to a claim exchange documentation and checks which documentations indicates the parties' intent to finally settle a matter, the matter is in fact settled and absent fraud, further claims arising out of the same set of circumstances are barred. Additionally, there is merit to CHAPA's claim, as set forth in its January 17, 2007 response letter from CHAPA's Executive Director, Aaron Gornstein that the guidelines adopted in 2003 for projects that are funded by the New England Fund (NEF), are not to be applied retroactively. To explain, the guidelines to which Mr. Gornstein refers are "Guidelines for Housing Programs in Which Funding is Provided Through a Non- Governmental Entity" (the "Guidelines") which were adopted by DHCD pursuant to 760 CMR 31.01(2)(g) (apropos to projects funded by a non-governmental entity pursuant to which a Project Eligibility (Site Approval) letter is issued) and 31.09(3) (governing the issuance of all local approvals once a comprehensive permit issued and final written approval is given by the subsidizing agency). Section 17 of the Guidelines sets forth the method for calculating total development costs and profit and establishes the allowable acquisition cost of the land at "the current appraised fair market value under existing zoning without a comprehensive permit in place. Economic benefits of the comprehensive permit shall accrue to the development and shall not be used to substantiate an acquisition cost that is unreasonably greater than the fair market value under existing zoning." b(..0 Further, and quite importantly, 760 CMR 31.10 specifically provides that 31.01(2)(g) and 31.09(3), shall apply to applications for comprehensive permits that receive Project Eligibility determination letters dated after July 22, 2002. Therefore, the IG's report improperly relies on a regulation that was not applicable to the Sunnier Cheney 40B project. As to that portion of the IG's audit letter which bases the excess profit upon what is alleged to be the unsupported documentation of development costs again, even if true, the developer claims in its response that this alleged deficiency is easily remedied and in any event, resolution of this matter via the July 7, 2005 letter and check would likely bar any further claim. The second question posed relates to the audits of other 40B projects in the town which have yet to receive post construction cost certification and what, if anything, the town should do to assure the proper monitoring of these certifications. Please bear in mind that much of the criticism regarding the monitoring of 40B projects has been levied against CHAPA which as discussed above, is no longer monitoring the limited dividend requirement and, as discussed herein in my comments to the IG's recommendations, the town has virtually no role in the monitoring of these projects. Notwithstanding this limited role, the town may request copies of the cost certification information and have their own audit performed. In the past, this office has recommended the inclusion of a condition in the comprehensive permit decision requiring the developer to submit information and/or pay for an independent audit of the. limited dividend requirement, but developers have been loathe to agree to this and the HAC has been loathe to enforce it. In fact as discussed below, in April of 2006 then DHCD Director, Jane Wallis Gumble, issued a memorandum to municipalities requesting that they refrain from insinuating themselves into the monitoring process. It will be interesting to see if her successor assumes the same position on that issue. In any event, I reviewed the files maintained in this office for each project specifically referenced in your inquiry and have the following comments: Grevstone Place - the Monitoring Services Agreement for this project identifies CHAPA as the Monitoring Agent. As CHAPA is no longer serving as the Monitoring Agent for any project, I anticipate that we will be receiving revised Monitoring Agreements for review and execution as this project nears completion. Archstone Reading - this is a rental project which is monitored on an annual basis for both the limited dividend requirement and affordability. I recently reviewed the Monitoring Services Agreement and Regulatory Agreements for this project which documents are the most recent versions issued for use by DHCD. CHAPA is not involved although it was the initially identified as the monitoring agent in the comprehensive permit decision. The Monitoring Agent for this project is the firm of Alexander, Aronson, Finning & Co., Inc. of Westborough, MA. Additionally, this project is being financed by a federal tax credit program administered by MassDevelopment. b-~ Pursuant to this Monitoring Services Agreement, annual reports (with tenant income certifications) for the monitoring of the affordability requirement must be filed with the Monitoring Agent within 90 days after the end of each calendar year. Annual audited financial reports must be filed within 90 days of the end of the fiscal year. An Annual Compliance Report must be filed within 120 days at the end of the project's fiscal year with the town's zoning enforcement officer. The aforementioned reporting deadlines address the timeliness issue raised by the IG in his report. As the town will be receiving annual reports, any concerns on the accuracy of said reports could be assuaged by an independent audit conducted by the town. Maplewood Village - The comprehensive permit decision for this LIP project identifies CHAPA as the Monitoring Agent although I did not locate an approved Monitoring Services Agreement in our file. As with other 40B projects, CHAPA is not performing monitoring services and I anticipate that a different Monitoring Agent will be retained. However, there is correspondence in our file dated August 16, 2005 from DIICD to Maplewood Village Development which states that the project is complete and reminding Maplewood of its obligation to submit a cost certification signed off by Maplewood's accountant. This letter reminds Maplewood that the "value added" to a site by a comprehensive permit (which occurred in the Sumner Cheney project) is not allowed as an acceptable project cost. There is no further information in this file which tends to indicate that Maplewood complied with this directive. I strongly suggest that the town follow up with DHCD to ascertain if Maplewood filed its cost certification. Unfortunately, the Maplewood project also used the old deed riders which utilize a discount rate in setting the maximum resale value (again discussed further herein) and therefore, when and if an affordable unit is to be sold, the town should act affirmatively to ensure its continuing affordability. The following comments were prepared in response to each of the IG's recommendations which appear as bulleted paragraphs beginning on page 7 of the report and are intended for your edification as well as that, perhaps, of the Board of Selectmen. Many of the IG's recommendations have already been addressed either through amendments to DHCD regulations and policies, or in language which this office now includes in all of its 40B decisions in direct response to issues and concerns that have been identified as the 40B process has been implemented over time. Each comment responds to the corresponding bulleted paragraph in the IG's report. MassHousing is now performing in-house appraisals to ensure that the land acquisition value is in accord with the Guidelines requiring that the land value be determined without benefit of the comprehensive permit. Additionally, in-all 40B reviews wherein the pro forma is subjected to peer review, the peer reviewer will look at the appraised value and if necessary, suggest that the Board of Appeals request an independent appraisal to be paid for by the applicant. Transactions which appear to be at less than "arms length" are always scrutinized. tog • The 40B decisions prepared by this office always include standard language requiring that the Board of Appeals be notified of all comprehensive permit transfers. In fact, pursuant to 760 CMR 31.03(3) an applicant is now required to notify the Board of Appeals of all changes to a permit and in accordance with 760 CMR 31.08(5), the transfer of a permit is one such change. However, a transfer is likely not a substantial change requiring a new public hearing. Having said that, the Board of Appeals should satisfy itself that the transferee is also or will become a limited dividend entity. • The 40B decisions prepared by this office also recognize and address issues that have arisen where the applicant's business relationships are not fully disclosed. The following paragraph appears in all of our 40B decisions relative to the requirements of the Regulatory Agreement to address those concerns: Subject to the approval of the Subsidizing Agency, in determining whether the Applicant has conformed to the Limited Dividend requirements of the Regulatory Agreement, the Subsidizing Agency shall be required to certify that: a. The Applicant's profit shall not exceed the established Limited Dividend noted above; b. The Developer has not made unreasonable or excessive payments (i.e. payments in excess of reasonable industry standards applicable to an arm's length transaction) to the Applicant or to its parents, subsidiaries, affiliates, successors, and assigns, or to their respective partners, limited partners, shareholders, managers, or other owners, or to the relatives of the same in connection with work performed on the Project in order to artificially inflate the costs of development of the Project or for any other reason; c. In the event a market rate unit is sold for a price below market value or by other than an "arms length transaction", any such sale shall be reported and accounted for at fair market value for purposes of cost certification. d. There have been no commissions charged on the affordable units which are required to be sold pursuant to a lottery selection process as provided by this Comprehensive Pen-nit with the exception of a reasonable Lottery Agent Service fee not to exceed 3% of the approved sales price; and The Subsidizing Agency has been provided access by the Applicant to any reasonable financial information necessary to make these determinations and to verify whether the income and expenses of the Project, including without limitation land acquisition costs, construction costs, landscaping costs, and other expenses represent fair market value for such items, with particular attention to those arrangements between parties with overlapping ownership to owners of the Applicant. As referenced above, on April 27, 2006 then DHCD Director Jane Wallis Gumble issued a memorandum to all cities and towns specifically directing that they not involve themselves in the limited dividend requirement monitoring process; that such monitoring should be left to the subsidizing agency whose responsibility it is to ensure compliance with, and enforcement of, this requirement. Director Gumble did note that cities and towns may request copies of cost certification documents and also suggested that towns request the ability to monitor the affordability requirement to ensure that it is maintained in perpetuity. Moreover, the Housing Appeals Committee (HAC) also views a municipality's role in the monitoring of the limited dividend requirement as virtually nonexistent. However, subsequent to the issuance of the IG's audit letters to Reading and more recently, to the Town of Berkley, certain members of the City Solicitors and Town Counsel Association (among them Attorney Elaine Lucas) have begun discussing in earnest the possibility of approaching the new DHCD Director, whoever that may be, and using the audit letters as evidence that cities and towns must be involved in the monitoring of the limited dividend requirement. I will keep you informed of any progress that is made in this regard. • The cost certification process is dictated by 40B guidelines and regulations as implemented by the subsidizing agency. A timely cost certification process is required by all of our 40B decisions. • The 40B decisions drafted by this office include bonding provisions similar to those used in the subdivision approval process to ensure the installation of roadways and utilities. As to the recommendation that a bond be posted to ensure completion of the project, unless such a requirement is in place for other zoning developments, a bond cannot be required for a 40B project. A condition cannot be required of a 40B project if it is not required of all other projects in the town. The IG raises a good point relative to the town working to preserve all affordable units in the town's subsidized housing inventory. However, the IG's reference to the deed rider provision establishing the resale price of the affordable unit by assigning a discount rate as an "error" is not accurate. The deed riders used for all 40B projects are drafted by DHCD and as a general rule; no changes or revisions are permitted. Moreover the assignment of a discount rate was the method by which the maximum resale price was calculated at that time. The new so-called "universal" deed rider contains a different maximum resale price calculation based upon median income, and has recently been revised to include the "in perpetuity" requirement. Because the discount rate in the deed rider for #3 Sumner Cheney Place is not an error, it is unlikely that the town would be able to "correct" this error by working with the current owner of #3 Sumner Cheney Place. In these situations, the only avenue available to the town would be to "buy down" the affordability of the unit upon resale in the event that the failure to do so would result in its loss from the subsidized housing inventory. However, in such cases the town may also be able to request that the seller execute a new deed rider for that unit. It is my understanding that DHCD has been amenable to the execution and recording of the new universal deed rider upon the resale of affordable units. • As discussed above, the deed riders currently in use are the result of negotiations between DHCD and Fannie Mae to incorporate the oft requested "in perpetuity" requirement and the maximum resale prices are now, tied to median income changes. I am available to discuss any or all of the above with yourself and/or the Board of Selectmen if necessary. Please call if I can be of further assistance in this matter. Sincerely, Ellen Callahan Doucette ECD/sjs III VC, 3oS Schena, Paula From: Hechenbleikner, Peter Sent: Tuesday, September 18, 2007 10:16 AM To: 'Tim O'Connor' Cc: Schena, Paula; Cloonan, Mike; Jim Cormier; Lee, Michael; Peter Hechenbleikner; Ted McIntire; Zambouras, George Subject: RE: Stop Sign at Curtis Street Tim I'm sorry in getting back to you late on this - I had to get some information from staff. Re the height of the signs - the following information is from the Town Engineer: "In general signs should be a minimum of 5 feet from the bottom of the sign to the nearest edge of pavement. (Note - this height is for rural locations only) When the sign is in an area used for parking or pedestrians it shall be a minimum of 7 feet. When two signs area installed the bottom of the secondary sign may be 1 foot below the recommended height:" Based on the above, the signs appear to be the proper height. I have driven through the area, and the signs are completely visible. We use the reflectorized vertical material only in locations where there is a visibility issue and that clearly is not the case here - we have used them only in 2 locations in the community. The stop bars will be repainted this fall, and then on the regular cycle annually as we do all of them in town. The discouraging thing if people are "blowing through" the stop signs is that it is only the local residents in the neighborhood - nobody else is in the area because it is not a through street to anywhere. The old saying "we have met the enemy, and they are us" might apply. If this is truly happening (and I don't doubt that it is) then the neighborhood needs to address this. Thanks for your interest Tim. Pete I/c Board of Selectmen From: Tim O'Connor [mailto:tim.oconnor5@verizon.net] Sent: Tuesday, August 21, 2007 3:32 PM To: Town Manager Subject: Stop Sign at Curtis Street Hi Pete, The Stop sign recently installed on Curtis Street and George was installed at a pretty tall viewing angle. As a result, many people still blow right tlu-ough the stop sign. Many persons, I believe, miss the sign as an honest oversight due to the height of the Stop sign. I have two requests: 1) Can a red reflective strip be installed down the post of the Stop Sign (like the ones at Forest and Grove Street) in order to better alert oncoming traffic? 2) The stop lines at both Stop signs at Curtis and George have all but disappeared. Can these be re-painted? The neighborhood fought long and hard to increase the safety in our neighborhood and I think these small enhancements will make a big difference towards achieving the desired effect. Thanks so much; V Tim O'Connor 96 Curtis Street Hechenbleikner, Peter From: Hechenbleikner, Peter Sent: Friday, September 21, 2007 8:36 AM To: 'Joyce' Subject: RE: Against CPA Dear Joyce: Thank you for sending an email to the Board of Selectmen. The board has adopted a policy of not sending substantive responses to emails in order to try to stay in compliance with the Commonwealth's open meeting law which prohibits policy discussions by the Board outside of an open public meeting. Please understand that the Board values your input on issues and your correspondence will be included in the materials circulated to the Board prior to its next meeting and it is available as part of the public record. The Board members will have a chance to comment during an upcoming public meeting. If you want to have a personal discussion of the issue with a member of the Board, we hold "office" hours in Reading Town Hall before the first regularly scheduled meeting of each month at 6:30 PM in the first floor conference room. Thank you again for contacting the Board of Selectmen. Ben Tafoya Secretary Reading Board of Selectmen -----Original Message----- From: Joyce [mailto:joyciegould@yahoo.com] Sent: Thursday, September 20, 2007 7:13 PM To: Reading - Selectmen Cc: James Bonazoli forwarding account; Steve Goldy forwarding account; Ben Tofoya; Camille Anthony forwading account; Rick Schubert Multiple Addresses; Town Manager Subject: Against CPA The Community Protection Act is the wrong tax at the wrong time. It would be irresponsible to raise taxes in this turbulent economy. There are many Reading residents who would be very adversely effected by a "1-30" increase in their taxes - I'm certainly one. I applaud efforts by concerned citizens to raise voluntary contributions for these causes - and I truly hope that they are successful. It is inappropriate to levy this tax burden on the town residents. Thank you for considering my opinion against this issue. Respectfully; Joyce Gould 17 John Street 9• g.r 1 Page 1 of 3 L/C 6- 0,5 Schena, Paula From: Hechenbleikner, Peter Sent: Thursday, September 20, 2007 3:48 PM To: Kowalski, Carol; Reading - Selectmen Cc: Schena, Paula Subject: FW: Selectmen and Planning Board Leadership Dialogue: 9/19 in Topsfield Attachments: Directions.doc Carol - please send to CPDC. Paula, I/c Board of Selectmen From: Stoler, Brad [mailto:BStoler@mapc.org] Sent: Thursday, September 20, 2007 2:01 PM To: Stoler, Brad Subject: Selectmen and Planning Board Leadership Dialogue: 9/19 in Topsfield Dear Municipal Leader: This email is a follow-up to the September 26th Leadership Dialogue invitation that we recently mailed you. The meeting will take place in Topsfield, from 6:30-9:00 PM (directions attached). A light dinner will be served. The Metropolitan Area Planning Council (MAPC), the regional planning agency for the 101 cities and towns in the Greater Boston Region, would like input from Boards of Selectmen and Planning Boards on implementation strategies for MetroFuture, MAPC's regional planning effort. The outcomes of this conversation will help shape the MetroFuture implementation recommendations, including legislation, model bylaws, and recommended actions by the private sector. This is a great opportunity to have your voice heard, especially if you are north of Boston. Please plan to participate, and invite other members of both your Board of Selectmen and your Planning Board to attend this event. To learn more about MetroFuture, MAPC's regional plan, please click here or visit our website at www.MetroFuture.com. For more information about the Leadership Dialogue, please see the original invitation, pasted below. Also, please feel free to contact me with any questions or to RSVP, at bstoler maoc.ora or 617- 451-2770 x2048. Your Participation is Invaluable! The MetroFuture Team Brad Stoler MetroFuture Communications Team Metropolitan Area Planning Council 60 Temple Place Boston, MA 02111 bstoler ci.maoc.ora (617) 451-2770 ext.2048 "Working with communities is not just a job to me; it is my life long commitment toward social betterment ~C 9/20/2007 Page 2 of 3 p' Y Futul 11c, J:..1: i kA t iR3f'iW iTialvY.Ta1C~T".IT T.-. Please join us for a Leadership Dialogue of Selectmen and Planning Board Members in Topsfield on Wednesday, September 26 MetroFuture: Making a Dear Municipal Leader: Greater Boston Region Several weeks ago, Selectmen and Planning Board members from across the r met at a MetroFuture leadership dialogue to discuss our region's future. MAPC Leadership Dialogue pleased to host another roundtable discussion as a follow-up to that important conversation. The outcomes of this discussion will be used to help shape speci Wednesday, September 26, 2007 recommendations for implementing the MetroFuture plan, including legislation, Topsfield Town Library model by-laws and ordinances, program guidelines, and recommendations for E 1 South Common St. by residents, corporations, and institutions. Topsfield, MA 01983 From 6:30-7.•00 pm we will be presenting the MetroFuture regional plan. If you 6:30 p.m.: MetroFuture Presentation not seen this presentation, we recommend you join us at 6.30 pm. The full 7:00 p.m. - 9:00 p.m.: Discussion discussion will begin at 7:00 pm. A light supper will be served MetroFuture is MAPC's regional plan for growth and development in Greater Bc Please contact Brad Stoller through 2030. As you may know, the Metropolitan Area Planning Council (MAF at 617-451-2770 x2048 or required by law to develop such a plan about once a decade. To date over 4,0( bstoler@mapc.org to RSVP people and organizations - including many of you - have participated in develol the MetroFuture plan. Please feel free to designate a member of your Board of Selectmen and Planning On May 1, we adopted a blueprint for what we hope the region will look like in 2 Board to attend this meeting. Now, we are developing an implementation strategy to get us there. Local elect officials have been active participants in this process, and we need you to enga the critical phase of developing implementation steps. Directions Attached Please join us on September 26 to learn more about the MetroFuture plan, and generate the ideas that will make it a reality. We are limiting this event to selecl ,y and planning board members, to truly hear the perspectives of local elected offi, feel free to designate one of your colleagues to represent your community if y r J,'02 u, > are unable to attend. ,i4iiil" W Please RSVP to Brad Stoler at (617) 451-2770 ext. 2048 or bstoler@ mapc.org, for more information, please visit www.metrofuture.ora. Your participation is an invaluable part of our success! PC, Marc Draisen Executive Director a o~y 9/20/2007 Directions Topsfield Town Library 1 South Common St. Topsfield, MA 01983 Directions ➢ Travel to Route 128/95 North. ➢ Route 95 North splits from 128 in the Lynnfield area. ➢ Take 95 North to the exit for Topsfield/Route 1 North. ➢ Travel on Route 1 North for approximately 2 miles, with the Topsfield Fairgrounds on right. Come to a stoplight after fairgrounds at the intersection of Route 97 and Route 1. ➢ Take a left onto Route 97 North. Travel to first stop sign and the library will be on your left. Parking There is parking at the library, on the street in front of the library and on Main Street, which is adjacent to the library. V-