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Home My WebLink About2007-03-27 Board of Selectmen PacketGARY S. BRACKETT ELAINE M. LUCAS JUDITH A. PICKETT JAMES T. MASTERALEXIS STEVEN C.FLETCHER* ELLEN CALLAHAN DOUCETTE DONNA GORSHEL COHEN HEATHER C. WHITE *Also Admitted in ME and CO Mr. Frank Richmond Land Court 226 Causeway Street Boston, MA 02114 Dear Mr. Richmond: 1` V WINCHESTER OFFICE 165 WASHINGTON STREET WINCHESTER, MASSACHUSETTS 01890 781-729-1500 Fax: 781-729-5444 E-Mail:. DGorshelCohen@BrackettLucas.com Please reply to Winchester office March 21, 2007 v NO Re: Inhabitants of the Town of Reading Vs: Nicholas Diranian No. 07 MISC 340216 w Enclosed please find Agreement for Judgment for the above-referenced matter. Kindly present to the Judge at your early convenience. Please contact me if you have any questions. Thank you for your assistance in this matter. Very truly yours, DONNA GORSHEL COHEN encl. cc: Joshua Latham, Esq. Frances M. Fink, Conservation Administrator Peter Hechenbleikner, Town Manager BRACKETT & LUCAS COUNSELORS AT LAW 19 CEDAR STREET WORCESTER, MASSACHUSETTS 01609 508-799-9739 Fax: 508-799-9799 l./ J COMMONWEALTH OF MASSACHUSETS Middlesex, ss: P41LUITANTS OF THE TOWN OF READING, Plaintiff v NICHOLAS IR. :NIAN, Defendants 1 Land Court Department Of the Trial Court Docket No. 07 MTSC 340216 AGREEMENT FOR JUDGMENT THE PARTIES IN THE ABOVE ENTITLED ACTION HEREBY AGREE TO THE FOLLOWING JUDGMENT: Judgment to enter for the Plaintiff. 2. Defendant shall, by June 1, 2007, remove such portions of the (i) vinyl fence, (ii) retaining wall; (iii) propane pipe; and (iv) concrete patio (collectively the "Structures") as encroach into the dedicated right of way known as Timothy's Place. Defendant shall furnish a performance bond to the Plaintiff in the amount of $15,000.00 to secure Defendant's faithful performance. The bond shall provide that in the event Defendant fails to remove the encroaching portions of the Structures by June 1, 2007, and restore the right of way to its previous condition, the Plaintiff may utilize the performance bond and remove said Structures and restore the right of way. 4. Plaintiff shall not issue any additional violations or impose any additional fines against Defendant through June 1, 2007 because of the Structures. 5. Provided Defendant removes the encroaching Structures by June 1, 2007, Plaintiff shall dismiss all outstanding violations, and waive all outstanding fines and penalties, assessed against Defendant under Section 5..2.1 of the General Bylaws of the Town of Reading. 6. The parties shall bear their own costs and attorneys fees. 7. Defendant waives all rights of appeal and procedural defenses. Signed and sealed this day of An ry, 2007. ~ cam,- °r` DEFENDANT: 6~C~ NICHOLAS DIRANIAN P Tfi+ ~~t" L. OP~~k L4~(CvtE- ~3 03/22/2007 THU 14:59 FAX 617 722 2390 HOUSE GOP LEADER'S OFF Qj001 w - ; M ~ • a ....sy~'.. TO: ORGANIZATION: FROM: DATE: FAX TO: (781) 942-9071 Dear Peter, JG/' Office of the ~o- House Republican Leader. Commonwealth of Massachusetts FAX COVER SHEET Peter Hechenbliekner, Town Manager Town of Reading State Representative Brad Jones March 22, 2007 No: Pages (including cover): Yesterday afternoon Governor Patrick's $1.5 billion bond bill was passed in the House without amendments. Most bond bills are heavily amended by. the Legislature to guarantee the advancement of certain projects valued by constituents. However, this bill was expedited in order to protect essential federal funding. The Senate is expected to pass the bill later this afternoon, which could move it to the Governor's desk as early as today. Governor Patrick will, of course, sign the bill into law as soon as possible. As you know, there is a long list'of MassHighway projects throughout the state that have been prevented from moving forward due to a lack of funding. The bond bill should solve this problem. I wanted to take a moment to share this information with you because my office recently received a list of funding priorities from the Executive Office of Administration and Finance and Reading's Streetscape project is included on that list. The passage of the bond bill may move the timetable forward for the Streetscape project. Also, you will be pleased to know that the bond bill allows for a ,$150 million Chapter 90 program for the purpose of local road improvements and public works for Fiscal Year 2008. Cities and towns will receive a 20% to 30% increase in their Fiscal Year 2007 allotment, which for Reading was $368,516. All that being said, the Executive Office of Administration and Finance has ultimate control over which bonds are issued and when. It remains to be seen how the Administration will chose to address its list of priorities in the upcoming weeks and months. Therefore, please be assured that I will continue to lobby the appropriate parties for the swift advancement of the Streetscape project. I hope this information is helpful to you. If you have any questions on this matter please feel free to contact me at your convenience. Sincerely, Bradley H. Jones, Jr. Mino~'tyLeader The State House, Room 124 o Boston, MA 02133 e . (617) 722-2100 t 60- Arlington • Ashland • Bedford • Belmont • Boston • Braintree • Brookline ~~1G I~I~ Burlington • Cambridge • Canton • Chelsea • Chicopee • Clinton ~j Dedham • Everett • Framingham • Hingham • Holbrook • Leominster ~WWRA Ge Lexington • Lynn • Lynnfield • Malden • Marblehead • Marlborough a Medford • Melrose • Milton • Nahant • Natick • Needham o Newton A'~DVISORY 0 Northborougb • Norwood • Peabody • Quincy • Randolph • Reading Revere • Saugus • Somerville • South Hadley • Southborough • Stoneham W BOARD ~ Stoughton • Swampscott • Wakefield • Walpole • Waltham Watertown • Wellesley • Weston • Westwood • Weymouth • Wilbraham Wilmington Winchester Winthrop • Woburn Worcester March 19, 2007 Dear Local Official: I am writing to request your support in advocating for an increase in the Commonwealth Sewer Rate Relief Fund, also known as Debt Service Assistance, in the FY08 state budget. Debt-'Service Assistance (DSA) is a critical tool in managing the growth of water and sever rates. Legislators are currently preparing their priorities for the upcoming budget season; your continued support in advocating for this program will help Legislators place DSA on their radar. The Governor's proposed 40% cut in House 1 (from $25 million to $15 million) would be detrimental to ratepayers throughout the MW`RA service area and is the principal reason wholesale increases are well over six percent. In past years, resolutions from MV/RA communities have been successful in articulating the importance of the DSA program. In FY07, the Advisory Board presented resolutions from 49 communities, representing 97.5% of the service area, requesting that the Commonwealth provide additional Debt Service Assistance. This collective effort of MVVR.A communities was instrrimenial iii doubling DSA in $12.5 million to $25 mullion. This year will take the same concentrated effort if we are going to be successful in restoring the 40% cut. The Advisory Board is committed to working with the MV/RA Legislative Caucus, led by Representative Ron Mariano, to ensure that this critical funding is restored to a level that will assist ratepayers in the corning year. With these efforts in mind, please use the enclosed resolution to urge the Legislature to minimally fund this important program at $25 million in FY08. I hope you will sign on to the resolution and share it with your legislative delegation and the Governor. In addition, please provide our office with acopy. N We are appreciative of all of your efforts and we look forward to standing with you on this important topic. Please do not hesitate to contact us with any questions or for more information. Together we can restore Debt Service Assistance. v a utive Director 1. Joseph E. Favaloro, Executive Director 11 Beacon Street • Suite 1010 • Boston, MA 02108-3020 • Telephone: (617) 742-7561 • Fax: (617) 742-4614 Website: www.mwraadvisoryboard.com • Email: mwra_ab0mwra.state.ma.us Resolution in Support of Restoring the 40% Cut in the FY08 Commonwealth Sewer Rate Relief Fund Whereas, the Commonwealth Sewer Rate Relief Fund is a statewide program, providing over $60 million to 140 communities throughout the Commonwealth at its peak in 2002 and funded at $25 million in FY07; and, Whereas, Governor Patrick cut 40% of the Sewer Rate Relief Fund in the FY08 budget reducing the line item from $25 million to $15 million; and, Whereas, the state has continued its commitments to other wastewater relief projects such as the Septic System Repair Tax Credit, which costs approximately $20 million annually and provides a 40% tax credit up to $6,000 over four years for repair or replacement for 15,000 septic users; and, Whereas, 2.5 million ratepayers in the MWRA Service Area annually pay the debt on over $6.4 billion in capital projects, including the Boston Harbor cleanup and other infrastructure projects; and, Whereas, the payments on debt on these capital projects represent nearly 60% of the Massachusetts Water Resources Authority's operating budget; and, Whereas, absent the Sewer Rate Relief fund, rate revenue requirements for MWRA communities are estimated to increase from FY07 to FYI 3 by over $271 million; and, Whereas, homeowners in the MWRA system already pay some of the highest rates in the nation; And Whereas, a 2004 affordability analysis found rates in the MWRA service area present a substantial social and economic burden to homeowners and are threatening the economic viability of the region; Therefore be it resolved, that the << CITY or TOWN requests that the Governor and Legislature at a minimum restore the 40% cut to the Commonwealth Sewer Rate Relief Fund providing at least $25 million to offset water and sewer rates in FY08. G n ~ w w Fa PATRICK M. NATALE REPRESENTATIVE THIRTIETH MIDDLESEX DISTRICT WOBURN - READING - STONEHAM ROOM 167, STATE HOUSE TEL. (617) 722-2810 FAX. (617) 722-2846 rep.patricknatale@hou.state.ma.us Town Manager Peter Hechenbleikner 16 Lowell St Reading, MA 01867 Dear Town Manager Hechenbleikner., March 13, 2007 L IC IS c) . LA/ r--' 1",-Aet~ /\e-P D r'.T 3/2-3/6-7 Committees: Election Laws Children and Families Telecommunications, Utilities 8 Energy Recently, the Governor's Office proposed their version of the 2008 Fiscal Budget. The enclosed document serves to inform you of the financial expenditures proposed for important local programs in your area. I know that many local programs rely on state aid and need additional funding to continue providing valuable services within their community. I will continue to work on increasing funding to help improve these vital programs. I hope that you find the enclosed information helpful. Please feel free to contact me at 617-722-2810, if you have any questions about the budget or need assistance with any other issues. or concerns that may arise. Sincerely Patrick . Natale Esq., LL.M State Representative 30th Middlesex District v . A N W R N O ' / G. -7 c7GCLtE r/LP(.G.~B~ ~Odt0~8 7O.PO PRINTED ON RECYCLED PAPER via r, 4je m made a~~~c~ederr.~~t~~sed mate a~~1e, ~a9zan 0.273'3-'0.20 a $ve~PATRICK M. NAT.ALE Committees: REPRESENTATIVE Election Laws THIRTIETH MIDDLESEX DISTRICT Children and Families WOBURN - READING - STONEHAM Telecommunications, Utilities 8 Energy ROOM 167, STATE HOUSE TEL. (617) 722-2810 FAX, (617) 722-2846 rep.patricknataie®hou.state.ma.us READING FY'08 GOV SUBJECT FY'05 FIN FY'06 FIN FY'07 FIN HOUSE I DIFFERENCE EDUCATION Chapter 70 6,082,107 6,290,157 7,119,890 8,166,737 1,046,847 School Construction 1,678,534 0 0 0 0 Charter Tuition Assessments Reimbursements 4,402 9,235 28,684 19,959 8,725 Charter School Capital Facility Reimbursement 1,484 1,453 0. 0 0 Racial Equality 227,720 244,400 0 0 0 School Lunch 11,714 10,816 9,771 12,766 2,995 Sub-Total, All Education Items 8,005,961 6,556,061 7,158,345 8,199,462 1,041,117 GENERAL GOVERNMENT Distributions and Reimbursements:' 0 Lottery, Beano $ Charity Games 1,841,015 2,083,179 2,461,971 2,499,940 37,969 Additional Assistance 1,534,901 1,534,901 1,534,901 1,534,901 0 Regional Public Libraries 0 Police Career Incentive 175,895 185,641 197,831 204,105 6,274 Veteran' Benefits 4,062 3,258 41,956 37,723 4233 Exemptions: Vets, Blind & Surviving Spouse 44,789 41,841 42,475 37,969 4506 Exemptions: Elderly 25,100 23,092 21,586 21,084 502 State Owned Land 42,231 53,780 44,914 50,181 5,267 Offset Item-Reserve for Direct Expenditure 0 Public Libraries 27,483 29,134 29,507 28,871 636 Sub Total, All General Government 3,695,476 3,954,826 4,375,141 4,414,774 39,633 TOTAL, ESTIMATED 11,701,437 10,510,887 11,533,486 '12,614,236 1,080,750 / C_ 8" PRINTED ON RECYCLED PAPER OFRF9~r~ 10- Town & Reading r~o ~a 16 Lowell Street 'L 69•1NCORY0Reading,. MA 01867-2685 FAX: (781) 942-9071 Email: townmanager@ci.reading.ma.us MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: March 23, 2007 RE: March 27, 2007 Agenda TOWN MANAGER (781) 942-9043 The reception for the Adopt an Island Program is at the Senior Center beginning at 7:00 p.m. This is a terrific program, and they love to have the Board of Selectmen there if possible. The intent is to be back at Town Hall at 7:30 p.m. for the beginning of the Selectmen's Meeting. 3a) Board of Assessors - The two. remaining members of the Board of Assessors plus the five Selectmen will sit as a whole committee to appoint a successor to Tom Ryan for a term r expiring upon Election Day 2008. To date there is a single candidate. 3b) Tax Classification. Study Committee - We have some applicants for the Tax and Classification Study Committee. Attached is a policy establishing the Committee. 4a) Police Badge Pinning - This is the traditional badge pinning for our newest Academy graduates. A copy of the resumes for the newest candidates is attached. 4b) Presentation of Police Accreditation Re-Certification - The Police Department has worked hard on getting re-certified for the State Police Accreditation. Representatives of the State agency will be present to make a presentation to the Police Department on this matter. 4c) Review Inspector General's Letter and Audit Re: Affordable Housing - Town Counsel will be present to review this with the Board of Selectmen. We have also invited members of the Zoning Board of Appeals and the CPDC, since both agencies are involved in affordable housing and 40b issues. Attached is a letter from Town Counsel regarding the audit, and also a copy of the Inspector General's report. s~ APPOINTMENTS TO BECOME EFFECTIVE MARCH 13, 2007 Board of Assessors 1 Vacancv Appointing Authoritv: Board of Selectmen & Board of Assessors Orig. Term Present Member(s) and Term(s) Date Expires Robert I. Nordstrand, Chr. 384 Franklin Street (69) April `08 Ralph Colorusso, V. Chr. 31 Enos Circle (00) April `07 Vacancy April `09 Candidates: Frank Golden 3a2 BOARD OF ASSESSORS Term Three years Appointing Authoritv Elected Number of Members Three Members whose terms are so arranged that one term shall expire each year: Meetings Tuesday evenings Authoritv Reading Charter - Adopted March 24, 1986 Purpose The Board of Assessors assess taxes and estimate the value of real and personal property in the Town of Reading. The Board of Assessors may appoint appraisal staff and shall have all the powers and duties given to Boards of Assessors by the Laws of the Commonwealth not inconsistent with the Charter. 3 03 Francis J. Golden, MAA, Beverly S Wells Road Reading, MA 01867 (781) 944 9313 March 12, 2007 Dear Peter Hechenbleikner, I have been employed in the real estate business for my entire career. Since 2000 I have been in the public sector in various communities. My position has progressively improved over this time period by methodically combining education with experience. As a Reading resident and former employee of the town, I would be honored to discuss your position on the Board of Assessors. Sincerely yours, B V Z R iz w 3 aN Employment History Oct 1992 - Jan 2000 Residential Appraiser Brown Associates Feb 2000 - Nov 2000 Data Collector Town of Framingham Dec 2000 - Dec 2004 Assistant Appraiser Town of Reading Dec 2004 - Dec 2006 Director of Assessing Town of Stoneham Nov 2005 - Present Member of the Executive Board of the Middlesex County Assessors Association (MCAA) Dec 2006 - Present Chief Assessor City of Beverly Chairman of the Board of Assessors Education History Graduate Reading Memorial High School 1989 University of Southern Maine 1989-1992 Assessing Education Massachusetts Accredited Assessor No. 973 Course 101: Assessment Administration: Law Procedures, Valuation Course 200: Principles of Assessing Procedures Course 1: Comparable Sales Approach to Value Course 2: Cost Approach to Value Course 3: Income Approach to Value Course 5: Mass Appraisal of Real Property 3~S Specialty Course: MAO Workshop - Depreciation Analysis Revaluation: Planning & Project Management Preparation & Presentation of an ATB Case DOR -Interim Year Adjustments - New Growth Regional Assessing Appraising Education Basics of Real Estate Appraisals Appraising 1-4 Family Properties Appraising Income Properties Uniform standards of Professional Appraisal Practice 3 ~.c~ OF R rii' Town of Reading ~o j.. Ewa 16 Lowell Street 63sPINCOR~'~4~ Readin MA 01867-2685 g~ FAX: (781) 942-9071 TOWN MANAGER Email: townmanager@ci.reading.ma.us (781) 942-9043 PRESS RELEASE Assessor Wanted Town Meeting Member and Member of the Board of Assessors Torn Ryan has resigned from both positions. The vacancy created on the three member Board of Assessors' will be . filled by the remaining members of the Board of . Assessors in combination with the members of the Board of Selectmen. Mr. Ryan's resignation carne too late for this position to be on the ballot for the April 3'd Election. Interested residents of Reading are encouraged to apply for this position on the Board of Assessors to the office of the Town Manager, 16 Lowell Street, Reading, MA. Letters of interest and resumes should be submitted by March 12th. You may also submit letters of interest and resumes to the Town Manager at•towiunauaizer cr,ci.readinL-.ma.us. 3 a~ of Reading Town 16 Lowell Street Readifig; MA 01867-2685 FAX; (781).942=9071 Email:. townmanagergareading.mam.s TOWN MANAGER (781) 942-9043 VOLUNTEER VACANCY . TOWN OF READING BOARD OF ASSESSORS One vacancy with a term expiring on the 2008 local election exists on the Board of Assessors. The Board of Assessors assess taxes and estimate the value of real and personal property in the Town of Reading. Interested persons may apply at the Town Clerk's, office, 16 Lowell Street, Reading, Massachusetts by 5:00 p.m. on March 12- 2007;; r + Q 3 a*' 9 RECEIVED TOWN CLE S . REWNGRA 1,001 FELB 21 A 114-414t! To: Cheryl A. Johnson, Town Clerk Town of Reading 16 Lowell St. Reading, MA 01867 87 Dana Rd. Reading, MA 01867 February 21, 2007 9 0 Effective as of this date, February 21, 2007, I hereby resign as a member of the following in the Town of Reading: Board of Assessors, Town Meeting (Precinct One), and the Ad Hoc Community Preservation Act Study Committee. Sincerely, Thomas J. Ryan 30,-9 Hechenbleikner, Peter. From: Johnson, Cheryl Sent: Wednesday, February 21, 2007 3:59 PM 1 \ r„ To: Hechenbleikner, Peter G l Cc: LeLacheur, Bob; Billard, Dave Subject: Board of Assessor Vacancy ~p I forwarded Tom's resignation. today. In order to have placed this opening on the ballot it would have had to be n otified at least 64 days before the election. Because we didn't have this cushion, the Board of Selectmen will have to appoint a member of the Board of Assessors until the 2008 local election. Cheryl Johnson Town Clerk Town of Reading 16 Lowell Street Reading, MA 01867 781-942-9050 FAX 781-942-9070 3w~D Town of Reading 16 Lowell Street Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager@ci.reading.ma.us MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: March 23, 2007 RE: March 27, 2007 Agenda TOWN MANAGER (781) 942-9043 The reception for the Adopt an Island Program is at the Senior Center Beginning at 7:00 p.m. This is a terrific program, and they love to have the Board of Selectmen there if possible. The intent is to be back at Town Hall at 7:30 p.m. for the beginning of the Selectmen's Meeting. 3a) Board of Assessors The two remaining members of the Board of Assessors plus the five Selectmen will sit as a whole committee to appoint a successor to Tom Ryan for a term expiring upon Election Day 2008. To date there is a single candidate. C3b) Tax Classification. Study ..Committee - We have some applicants for the Tax and Classification Study Committee. Attached is a policy establishing the Committee. 4a) Police Badge Piiuiina - This is the traditional badge pinning for our newest Academy graduates. A copy of the resumes for the newest candidates is attached. 4b) Presentation of Police Accreditation Re-Certification - The Police Department has worked hard on getting re-certified for the State Police Accreditation. Representatives of the State agency will be present to make a presentation to the Police Department on this matter. 4e) Review Inspector General's Letter and Audit Re: Affordable Housing - Town Counsel will be present to review this with the Board of Selectmen. We have also invited members of the Zoning Board of Appeals and the CPDC, since both agencies are involved in affordable housing and 40b issues. Attached is a letter from Town Counsel regarding the audit, and also a copy of the Inspector General's report. 3 4(,/ APPOINTMENTS TO BECOME EFFECTIVE MARCH 23, 2007 Ad Hoc Tax Classification Advisorv Committee 5 Vacancies Appointine Authority: Board of Selectmen Present Member(s) and Term(s) Vacancy (BOS) Vacancy (Business Property Owner) Vacancy (Economic Development Committee) Vacancy (Resident) Vacancy (Resident) Candidates: Ken Rossetti Leslie McGonagle (EDC) 3b z .UFBE,~Or~ - y f Reading,.. Town. o d ~wa At Lowell Street: 639:x~oRe1 :Reading; M.A 0'1867-2685 FAX: (781) 942-9071 TOWN MANAGER Email: townmanager0mi.reading.ma.us (781) 942-9043 VOLUNTEER. VACANCY TOWN Of READING AD:HOC TAX CLASSIFICATION ADVISORY COMMITTEE Five vacancies with terms expiring December 31, 2007 exist on the.Ad Hoc Tax Classification Advisory Committee. The purpose of the Committee is to -advise.the Board of Selectmen on matters of policy related.but.not limited to: the residential 'factor; the open space discount; the residential exemption; and the commercial. exemption. Interested persons may apply at the. Town Clerk's office, 16 Lowell Street, Reading, Massachusetts by 5:00 p.m. on February 23, 2007 or until all, vacancies are filled. 4 n Cool r_r7 . t> 3r 'r7 rr7 3 ~3 Policv establishinz an ad-hoc Tax Classification Advisorv Committee There is hereby established a five (5) member ad-hoc Tax Classification Advisory Committee (Committee) to advise the Board of Selectmen on matters related to the tax classification process. The purposes of the Committee are to advise the Board of Selectmen and the Town Manager on matters of policy related but not limited to: • The residential factor; • The open space discount; • The residential exemption; • The commercial exemption. The Committee will be created from the date of this hearing until December 31, 2007, unless such term is modified by the Board of Selectmen. They will deliver final recommendations to the Board by October 16, 2007. In selecting the Committee membership of 5 members, the Board of Selectmen shall appoint all.meimbers and shall give consideration to members representing the following interests within the cozmnunity: • Business property owner/Reading resident who may or may not be a member or designee of the Reading/North Reading Chamber of Commerce; • Member or designee of the Economic Development Committee; • Member or designee of the Board of Selectmen; • Resident of Reading who inay be a .member of the Finance Committee, CPDC, or resident of the community with interest/expertise in the subject mater of the committee; • Resident of Reading who is not a member of any Board, Committee, or Commission of the Town. The Committee shall be advisory in all matters. Decisions as to whether or not to implement measures shall rest as appropriate with the Town Manager, the Board of Selectmen, or other body having jurisdiction in the matter. This Committee shall administratively fall within the Finance Department. Staff as available will be assigned by the Town Manager to work with the Committee. Adopted 2-6-07 3, N Page 1 of 1 Hechenbleikner, Peter 3LA Z~ From: RNRchambercom@aol.com Sent: Wednesday, March 07, 2007 10:22 AM To: Town Manager Cc: kossetti@bartonrossetti.com; michael@Giacalonecpa.com Subject: RE: Real Estate Tax Classification Advisory Committee Hi Peter, The Board of Directors voted unanimously to appoint Attorney Ken Rossetti as the representative from the Reading-North Reading Chamber of Commerce for the Real Estate Tax Classification Advisory Committee. Carol Hughes, Executive Director Reading-North Reading Chamber of Commerce PO Box 771 Reading, MA 01867 Phone #781-944-8824 Fax #781-944-6125 readingnreadingchamber. orcl "Our Business is your Business" AOL now offers free email to everyone. Find out more about what's free from AOL at http://www.aol.com. 3/7/2007 OFR V M, Town of Reading rich 16 Lowell Street s39° INCOR~'p¢Cr Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager@ci.reading.ma.us MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: March 23, 2007 RE: March 27, 2007 Agenda TOWN MANAGER (781) 942-9043 The reception for the Adopt an Island Program is at the Senior Center beginning at 7:00 p.m. This is a terrific program, and they love to have the Board of Selectmen there if possible. The intent is to be back at Town Hall at 7:30 p.m. for the beginning of the Selectmen's Meeting. 3a) Board of Assessors - The two remaining members of the Board of Assessors plus the five Selectmen will sit as a whole committee to appoint a successor to Tom Ryan for a term expiring upon Election Day 2008. To date there is a single candidate. 3b) Tax Classification, Studv Committee - We have some applicants for the Tax and Classification Study Committee. Attached is a policy establishing the Comzriittee. olice Badue Pinninu - This is the traditional badge pinning for our newest Academy adua tes. A copy of the resumes for the newest candidates is attached. (Lgt 4b) Presentation of Police Accreditation Re-Certification - The Police Department has worked hard on getting re-certified for the State Police Accreditation. Representatives of the State agency will be present to make a presentation to the Police Department on this matter. 4c) Review Inspector General's Letter and Audit Re: Affordable Housing - Town Counsel will be present to review this with the Board of Selectmen. We have also invited members of the Zoning Board of Appeals and the CPDC, since both agencies are involved in affordable housing and 40b issues. Attached is a letter from Town Counsel regarding the audit, and also a copy of the Inspector General's report. ,jai Robert J. MacHugh 29 Wilson Street, Reading, MA 01867 (781) 944-0617 robertmachughna,vahoo.com EDUCATION Bachelor of Arts Degree, Criminal Justice, May 2004 Curry College Milton, MA EXPERIENCE May 2005-Present United Construction Carpenter: Perform general construction duties including interior and exterior demolition. Facilitate remodeling, painting and finish work of residential buildings and commercial housing. Recognized by employer for competency. and reliability. September 2004 The Commonwealth of Massachusetts Enhanced 9-1-1 Telecommunications Training: Quickly learned the procedures for handling 9-1-1 emergency calls using the Modular ANI ALI Retrieval System (MAAE2S). Simulated emergency calls, practicing methods for dealing with abandon/hang-up calls, silent calls and TTY. Rehearsed appropriate questioning to ask callers in order to obtain critical, required information. Utilized several communication techniques, such as Disability Indicators, to assure proper responses to all callers. February-May 2004 Curry College Internshin North Reading Police Department: Experienced several police operations first hand including observation of dispatching procedures and regular daily patrols. Acquired knowledge of many safety regulations and the importance of communication skills. Seasonal (spring -fall) 2003-Present Fleet Yacht Chaters. Boston. MA. 1St Mate and Bartender: Carried out responsibilities such as boarding and un boarding passengers as well as assisting in docking and tying off the boats properly. Also handle any request by the Captain and passengers on the boats. While on open waters tending to the bar for beverages. September 2001-May 2005 MJK Construction. North Readine, MA. Foremen: Handled daily responsibilities both independently and with others. Showed capability of following and taking directions by consulting with clients and being responsible for pickup and delivery of supplies. Consistently acknowledged by employer for dependability, performance and motivation. q CA." 2-- Erik W. Drauschke 77 Libby Avenue Reading, Massachusetts 01867 781-944-0915 sgclub01@yahoo.com Objective A position in the field of criminal justice that requires excellent interpersonal, organizational and leadership skills. Education B.S., Criminal Justice; Minor, Sociology University of Massachusetts, Lowell, Expected May 2006 GPA 3.8 Relevant areas of study: Criminology, Criminal Law, Terrorism, Juvenile Delinquency, Crime Prevention, Forensic Psychology, Gender, Race and Crime, Police Process, Computer Applications in CJ, Hate Crimes, Victimology Related Skills Proficient in Microsoft Word, PowerPoint and the statistical program, SPSS • Capable of using closed-circuit television Experience CSSI Northshore Celadon, Woburn, Massachusetts KEM Security, Woburn, Massachusetts Security Guard at Charrette and Cummings Park • Regularly tour the building to insure that it is secure • Monitor those entering and leaving the building Answer and direct incoming calls • Train new employees Stop and Shop, Bedford, Massachusetts Loss Prevention • Screened closed-circuit television • Apprehended shop-lifting offenders • Filed reports regarding shop-lifters Target, Woburn, Massachusetts Performed retail transactions • Helped replenish merchandise References: Available upon request. June, 2005 - present June, 2003 - June, 2005 June, 2002 - August, 2002 Spring, 2001- Spring, 2002 Ya3 OF RFgOr~ Town of Reading 16 . Lowel I Street s3~ tN~°Y°~`~ Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager@ci.reading.ma,us MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: March 23, 2007 RE: March 27, 2007 Agenda TOWN MANAGER (781) 942-9043 The reception for the Adopt an Island Program is at the Senior Center beginning at 7:00 p.m. This is a terrific program, and they love to have the Board of Selectmen there if possible. The intent is to be back at Town Hall at 7:30 p.m. for the beginning of the Selectmen's Meeting. 3a) Board of Assessors The two remaining members of the Board of Assessors plus the five Selectmen will sit as a whole committee to appoint a successor to Tom Ryan for a term expiring upon Election Day 2008. To date there is a single candidate. 3b) Tax Classification Study Committee - We have some applicants for the Tax and Classification Study Committee. Attached is a policy establishing the Committee. 4a) Police Badge Pinning - This is the traditional badge pinning for our newest Academy graduates. A copy of the resumes for the newest candidates is attached. 4b) Presentation of Police Accreditation Re-Certification - The Police Department has worked hard on getting re-certified for the State Police Accreditation. Representatives of the State agency will be present to make a presentation to the Police Department on this \ matter. 4c) Review Inspector General's Letter and Audit Re: Affordable Housing - Town Counsel will be present to review this with the Board of Selectmen. We have also invited members of the Zoning Board of Appeals and the CPDC, since both agencies are involved in affordable housing and 40b issues. Attached is a letter from Town Counsel regarding the audit, and also a copy of the Inspector General's report. Town of Reading 16 Lowell Street Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager@ci.reading.ma.us MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: March 23, 2007 RE: March 27, 2007 Agenda TOWN MANAGER (781) 942-9043 The reception for the Adopt an Island Program is at the Senior Center beginning at 7:00 p.m. This is a terrific program, and they love to have the Board of Selectmen there if possible. The intent is to be back at Town Hall at 7:30 p.m. for the beginning of the Selectmen's Meeting. 3a) Board of Assessors The two remaining members of the Board of Assessors plus the five Selectmen will sit as a whole committee to appoint a successor to Toro Ryan for a term expiring upon Election Day 2008. To date there is a single candidate. 3b) Tax Classification. Study Committee - We have some applicants for the Tax and Classification Study Committee. Attached is a policy establishing the Committee. 4a) Police Badae Pinnina - This is the traditional badge pinning for our newest Academy graduates. A copy of the resumes for the newest candidates is attached. 4b) Presentation of Police Accreditation Re-Certification - The Police Department has worked hard on getting re-certified for the State Police Accreditation. Representatives of the State agency will be present to make a presentation to the Police Department on this 4c) Review Inspector General's Letter and Audit Re: Affordable Housina - Town Counsel will be present to review this with the Board of Selectmen. We have also invited members of the Zoning Board of Appeals and the CPDC, since both agencies are involved in affordable housing and 40b issues. Attached is a letter from Town Counsel regarding the audit, and also a copy of the Inspector General's report, q e" r C, 96) I CO,-/e6o to 44, w1,02 GARY S. BRACKETT ELAINE M. LUCAS JUDITH A. PICKETT JAMES T. MASTERALEXIS 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: ECDoucette@BrackettLucas.com Please resbond to the Winchester office. e Peter I. Hechenbleikner, Town Manager Town Hall m 16 Lowell Street Na Reading, MA 01867 a s. RE: Sumner Cheney Condominium/ 1375 Main Street; LLC - Cost Certification o .ac 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 certifiined that the developer realized an excess profit of determ r ~fcat-'10~~-11. report"` CHrk' T~ r> r $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. q6,Z- 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 sefement 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 CNM 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." 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 Sumner 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. Th-_ second question eased 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 infonmation 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 Munitoring Agent for any project, I anticipate that we will be receiving revised Monitoring Agreements for review and execution as this project nears completion. Archstone Readinia - 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. q cN 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 CHA°A the Nionitorirc, Al. ,ent althm-w i diet not iccate an tp~r;,t~c;ta..~✓lo i;crl ~,1?Z~ 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 DHCD 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 affinnatively 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 tbrougli 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. q G< • 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 CNIR 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 io a lottery selection process as provided by this Comprehensive Permit with the exception of a reasonable Lottery Agent Service fee not to exceed 3% of the approved sales price; and e. 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. ~G~ 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 issuaice 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, L4 61 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 availably, to discuss arty 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 Doug e ECD/sj s Lf Cg The ttCommonbeattb of ft1aM6arbU2;ettg office of the ,Ingpector (benerat GREGORY W. SULLIVAN INSPECTOR GENERAL January 2, 2007 Cf,,,5 JOHN W. McCORMACK STATE OFFICE BUILDING ONE ASHBURTON PLACE ROOM 1311 BOSTON, MA02106 TEL: (617) 727-9140 FAx: (617) 723.2334 r. Ben Tafoya Mr. Peter Hechenbleikner Chairman, Board of Selectmen Town Manager Town of Reading Town of Reading 16 Lowell Street 16 Lowell Street. Reading, MA 01867 Reading, MA 01867. Subject: Chapter.40B Developer. Profits - 1375 Main Street Partners, LLC M Dear Chairman Tafoya and Manager. Hechenbleikner:. In order to determine the effectiveness of the Chapter 40B cost certification oversight process and to ensure the reasonableness and accuracy of reported developer profits the Office of the Inspector General selected a sample of 10 completed home ownership developments initiated under provisions of the Chapter 40B legislation for detailed review and analysis. Included in this sample was the Sumner Cheney project at Sumner Cheney Place in Reading which was developed by 1375 Maine Street Partners, LLC. Highlighted below are our findings based on this review of the Sumner Cheney development. We. hope this information is useful to the town of Reading in planning and implementing future 40B housing developments. We plan to use the results of this audit along with the results from the other nine audits in order to identify opportunities for improving the Chapter 40B oversight process which in turn, should help affordable housing initiatives throughout the commonwealth. This Office contracted with the certified public accounting firm of Melanson Heath & Company, PC (Melanson) to perform the necessary agreed upon audit procedures. These detailed audit procedures were focused on verifying the income and expenses reported by the developers through the financial cost certifications submitted by them to the monitoring agents. The expenses claimed by the developers were reviewed by Melanson for conformity to guidelines prescribed by the Citizens' Housing and Planning Association (CHAPA), the monitoring agent for the Sumner Cheney project. Other guidelines from applicable subsidy programs and state agencies which help finance affordable housing developments were also consulted. A copy of the Melanson report for the Sumner Cheney audit is enclosed for your review and use. A copy of this audit 1, 0t Reading - Sumner Cheney January 2, 2007 Page 2 of 7 report was already previously provided to the developer (Patrick J. Wood). On December 8, 2006, Mr. Wood provided his comments on the report. This correspondence is also enclosed for your reference. In October 2000; Middlesex Federal Savings, F.A. (Middlesex) issued a Project Eligibility Letter (or Site Approval) to Mr. Rocco Scippa (as manager of Rangeway Farms, LLC) for a Chapter 40B housing development at 1375 Main Street Reading, MA. The letter also indicated that Middlesex intended to fund the project through the New England Fund of The Federal Horne Loan Bank of Boston. The Zoning Board of Appeals (ZBA) for the town of Reading granted a comprehensive permit to 1375 Main Street Realty Trust (an affiliate of Rangeway Farms, LLC) for the development of eight ,(8) housing units in June 2001. In January 2002 the land was sold.by 1375 Main Street Realty Trust to 1375 Main Street Partners, LLC (Principal Donald F. Van Dyne Jr.). By early October 2003 all 8 housing units were built and sold by 1375 Main Street Partners, LLC: The certified public accounting firm of Kenison & Associates performed a review (not an audit) of the project's financial statements on behalf of the developer. The. accountant's report was dated in June 2004. This financial report was submitted by the developer to CHAPA, the monitoring agent. CHAPA completed the cost certification and. submitted its report to the town in November 2004. The financial statements provided by the developer to CHAPA reflected total development costs of $2,290,109 and an associated profit of $405,848 or 17.7% of total development costs. The CHAPA cost certification proposed adjustments for two related party transactions. One adjustment was to eliminate the interest paid ($29,673) on a related party loan. The other adjustment was to reduce the overhead and profit paid.to a related party site contractor by $28,785.-This adjustment brought the related party overhead and profit percentage from approximately 27% down to a guideline . percentage of 14%. These two related party adjustments reduced allowable development costs'by $58,458 to a revised total of $2,231,651 and increased the profits to an adjusted level of $464,307. The net effect of these CHAPA adjustments was that the developer exceeded the 20% profit limit by $17,976. The developer eventually paid the town for these excess profits. In addition to the related party adjustments previously identified through the CHAPA cost certification, our investigation highlighted other cost adjustments which significantly increase the excess profits associated with this development. The enclosed Melanson audit report identifies a net reduction of $452,556 to the developer reported total project expenses. This reduction in development costs results in an offsetting increase to the net profit for the development. The project's adjusted profit as a percentage of total development costs is calculated by Melanson at 46.7% versus the 17.7% originally reported by the developer. The revised excess profit for the development is determined as $490,893 versus the zero excess profit previously submitted by the developer. The cost adjustments ($452,556) detailed in the Melanson report includes a Reading - Sumner Cheney January 2, 2007 Page 3 of 7 reduction in the land acquisition cost of $310,000 (this land valuation issue is discussed in more detail below). Similar to the CHAPA cost certification, the Melanson report highlights the related party adjustments. The adjustment for related party loan interest ($29,673) is the same in both reports. The Melanson audit reflects an adjustment of $24,541 to bring the related party overhead/profit down to 14% whereas; the CHAPA cost certification highlights a slightly higher adjustment of $28,785. This is due to differences in the cost base. Melanson proposed adjustments totaling. $91,292 for claimed development costs which did not have adequate supporting documentation. Melanson also made an adjustment of $2,950 to reflect allowable development costs which had not previously been included in the financial statements submitted by the developer. Although the CHAPA cost certification report and the "independent" auditor review did not document any land valuation issues, this Office understands that CHAPA and representatives from the town of Reading did have some discussions regarding this concern: The following chronology of events will help provide abetter understanding of the land valuation issue and will provide the support for the associated cost adjustment reflected in the Melanson report. CHRONOLOGY OF EVENTS • October 19, 2000 - 1375 Main Street Nominee Trust (Trust) purchases for $270,000 the 40,000 square foot parcel at 1375 Main Street Reading, MA from the Estate of Marena Scoullar. The signatory for the Trust is Michael Hennessy as trustee. October 31, 2000 - Middlesex Federal Savings F.A. issues a Chapter 40B site approval letter to Rocco Scippa as Manager of Rangeway Farms, LLC (Rangeway) for development of twelve (12) townhouse units at 1375 Main Street Reading, MA. • November 15, 2000 - The Trust enters into a purchase and sale agreement with Rangeway. The agreement provides for a sales price for the parcel of $600,000 but is contingent on the ability of Rangeway to obtain all permits and approvals for the development of twelve (12) residential condominium units. • November 29, 2000 - Rangeway files a comprehensive permit application with the town of Reading. • December 21, 2000 - The town of Reading opens the public hearing on the Rangeway comprehensive permit application. • June 14, 2001 - The Reading Zoning Board of Appeals (ZBA) approves a comprehensive permit for the development of 8 condominium units (6 market rate units and 2 affordable units) at 1375 Main Street. The comprehensive permit qcd I Reading - Sumner Cheney January 2, 2007 Page 4 of 7 is issued to the Trust (owners of the land) as opposed to Rangeway (the applicant). • January 18, 2002 - The Trust sells the parcel for $580,000 to 1375 Main Street Partners, LLC (Donald Van Dyne, Jr. - Principal). • December 16, 2002 - The ZBA decision of June 14, 2001 is recorded through the registry of deeds. Transfer of this permit from the Trust to Donald Van Dyne/1375 Main Street Partners, LLC is not documented through the town nor recorded at the registry of deeds. Based on the events summarized above, 1375 Main Street Partners, LLC (Donald Van Dyne) purchased the parcel from the Trust for $580,000 after a comprehensive permit had been issued to the Trust by the town. Although we found no evidence that the town approved the transfer of the comprehensive permit from the Trust to. 1375 Main Street Partners, LLC the actual development was done by Mr.,Van Dyne through 1375 Main Street Partners, LLC. In addition to the $580,000 paid to the Trust, 1375 Main Street Partners, LLC paid $20,000 to the Reading Historical* Commission. This payment was for the express purpose of forwarding historic preservation in Reading and was a condition in the comprehensive permit decision. This brought the total land acquisition cost claimed by the developer through the cost certification process up to $600,000. As reflected in the Melanson report, the land acquisition cost has been adjusted down by $310,000 from $600,000 to $290,000. The adjusted land acquisition value of $290,000 represents the original arm's length purchase price of $270,000 paid by the Trust to the Scoullar Estate plus the subsequent $20,000 fee paid by 1375 Main Street Partners, LLC to the historical commission. The arm's length purchase price of $270,000 is in line with the then current real estate property tax assessment of $265,900. The adjusted land acquisition value represents fair market value under existing zoning without a comprehensive permit in place. The economic benefits of the comprehensive permit should accrue to the development and should not be used to substantiate an acquisition cost greater than the fair market value under existing zoning. Through subpoena, this Office uncovered that the Trust and Rangeway are related parties. Rocco Scippa is a primary beneficiary of the Trust and is also the principal of Rangeway. In its comprehensive permit application to the town, Rangeway included a purchase and sale agreement (between itself and the Trust) for the subject parcel. In addition to demonstrating site control by Rangeway, this agreement reflected a significantly inflated land price between these related parties. Within one (1) month after purchasing the parcel in'an arm's length transaction, the Trust entered into this related party purchase and sale agreement which bloated the purchase price by 115% ($270,000 to $600,000). It appears that the intent of this inflated related party purchase and sale agreement was to eventually shield the development's excess profits from the Reading - Sumner Cheney January 2, 2007 Page 5 of 7 town by establishing a deceptive land acquisition cost significantly higher than the as-is fair market value. As part of our investigation we verified that the deed riders for the affordable units were properly recorded through the registry of deeds. We also verified that the affordable units were originally sold at the agreed upon predetermined prices. During our review, we noted that one of the affordable units resold approximately 2 years after the original purchase. The original sales price of this unit was $174,180. The affordable resale price was $234,200 and resulted in a $60,020 (34%) profit to the original affordable unit, homeowner. During this same general timeframe, we noted that two of the market rate units also resold. The gross profit for these market rate units was $37,900 (9%) and $55,100 (14%), respectively.. This disparity prompted a more detailed investigation as it seemed counterintuitive that affordable unit buyers would profit at rates significantly greater than market rate unit buyers. Prior to the affordable unit. resale (#6 Sumner Cheney Place), the original owners properly notified CHAPA of their intent to sell their unit. As the monitoring. agent, CHAPA determined the resale price for this unit by obtaining a current market appraisal and then applying the discount rate (ratio of initial certified sale price to initial market appraised value) of 56.455% reflected in the deed rider. Although the deed rider reflected a discount rate of 56.455% and CHAPA used this rate in the calculation of the resale price, the discount rate was not originally calculated properly by the developer. The actual discount rate should have been calculated and recorded by the developer as 43.545% (ratio of initial certified sale price ($174,180) to initial market appraised value ($400,000)). This error resulted in the original owner earning approximately $53,000 more than what they should have earned on the resale. We also noted that the other affordable unit (#3 Sumner Cheney Place) also has the same error in the calculated and recorded discount rate. Due to this error, there is increased risk to the town of eventually losing this unit as part of the affordable stock. This erroneous discount rate applied against increasing market prices will eventually result in a resale price which is unaffordable to buyers at or below 80% of the median income level for the region. Either the town will have to find a way to help subsidize a future buyer or the unit will be lost from the town's affordable inventory stock. Given the significant difference (+164%) in project profits highlighted through the Melanson report (46.7% of total development costs) versus the profit as reported by the developer in his cost certification (17.7% of total development costs) this Office makes the following recommendations in order to protect the interests of the town in future 40B developments: • Before issuing a comprehensive permit, the town should validate the.allowable acquisition value of the site against the pertinent land appraisal(s). The allowable acquisition value should not exceed the as-is fair market value of the site under existing zoning and without the benefit of the comprehensive permit. The LI I L_-1 Reading - Sumner Cheney January 2, 2007 Page 6 of 7 . . appraisals should be compared against the most current real estate tax assessments for the site. Any differences in value*greater than 5% should be investigated and resolved. Related party land transactions and the selling/transfer of land/comprehensive permits need special scrutiny. The town should document and review in detail any future comprehensive permit transfer requests. Financial transactions associated with these transfers should be analyzed to ensure that profiteering does not take place at the expense of the town, its taxpayers and future affordable housing initiatives. To facilitate such analysis, the town and the "new" developer should be required to have a documented agreement (amended comprehensive permit and regulatory agreement) before the authorization to transfer the permit is granted. The agreement'should specify what portions of these transfer costs will be considered allowable costs for computing the project's excess profit. Potential allowable transfer costs may include payments for services (such as architectural plans, surveys, permit fees, etc.) incurred by the original applicant but. which will benefit the "new" developer as part of the project's continuation. The developer should provide detail support to the town for these transfer costs. As part of the comprehensive permit application process, the developers should identify all related party activities including any financing arrangements. For these related party arrangements, it is incumbent upon the town to understand the breakout of expected related party expenditures (direct versus indirect costs). Since these related party transactions are entered into without the benefit of a competitive bidding process and higher development costs provide an opportunity/incentive for higher profits to be retained by a developer as opposed to being made available to the town for additional affordable housing initiatives, it is imperative that the town understand these related party costs. This includes understanding the associated overhead, general conditions and profit built into these relationships. The town. should negotiate with the developer reasonable .related party costs which will be included in the projects allowable costs and these agreements should be memorialized in the comprehensive permit and the regulatory agreement. • The town should consider inserting itself in the cost monitoring process for the project and may even want to assume the role of monitoring agent. The town should be a party to the selection process for the public accounting firm which will perform the detailed cost certification audit and should also review the audit procedures to be performed in order to ensure that all concerns are addressed through the audit. These arrangements should be incorporated in both the comprehensive permit and the regulatory agreement. • The town should ensure that included in the project agreements (comprehensive permit and regulatory agreement) are the requirements for a timely cost certification process. Looking specifically at the Sumner Cheney project, the q&IL Reading - Sumner Cheney January 2, 2007 Page 7 of 7 CHAPA cost certification report was issued to the town more than a year after the last unit was sold in the development. The town and developer should agree to a reasonable timeframe for the developer to provide his financial statements to the monitoring agent. Consideration should be given to the assessment of reasonable penalties and the accrual of interest on any excess profits for late submissions. • In order to help guarantee project completion according to the agreed upon plans and also to protect the town's interest in potential excess profits, consideration should be given to requiring the developer to post adequate bonds or other forms of security. These arrangements should be clearly articulated in the comprehensive permit and the regulatory agreement. • The town should work closely with the owners of the affordable unit at ##3 Sumner Cheney Place to correct the error in the discount rate reflected in the deed rider. In order- to help preserve the inventory of affordable housing units, the town should require deed riders which in addition to providing for affordability into perpetuity also require resale prices to be tied to median income changes as opposed to changes in market unit pricing. I would be happy to arrange a meeting with you-in order to discuss these findings and recommendations in more detail. If you have any questions or concerns, or if I can be of other assistance, please do not hesitate to call me. Sincerely, 01`7'7 Gregory W. Sullivan Inspector General Enclosures cc: Mr. Donald Van Dyne, 1375 Main Street Partners, LLC Mr. Patrick Wood, Esq., 1375 Main Street Partners, LLC Mr. Aaron Gornstein, Executive Director, CHAPA Mr. Thomas Gleason, Executive Director, MassHousing Ms. Jane Wallis Gumble, Director, DHCD q Ct /4d) Review Draft Petroleum Regulations - Town Counsel will be present to review the draft Petroleum Regulations with the Board of Selectmen. We have gone through review process of these regulations with a staff team including representatives from Fire, \ Conservation, Health and DPW. \ E' 4e) Establishment of Parkinu Regulations on Sanborn between Woburn and Lowell Street - This had previously been discussed with the Board of Selectmen. The Parking, Traffic and Transportation Task Force does recommend two hour parking for a portion of Sanborn Street on the east side from Woburn Street to the handicap parking spaces. This area is cleared of snow by the Department of Public Works in the Winter time, and extending it to the handicap parking spaces makes a good stopping place. There are approximately nine spaces in this location. This is at the request of the Reading Congregational Church and its tenants, primarily Creative Arts for Kids. Correspondence relative to this matter is attached. PIH/ps 3/20/2007, DRAFT #7 (01/25/07) TOWN OF READING PETROLEUM STORAGE REGULATIONS ARTICLE I. GENERAL PROVISIONS Section 1. Definitions Deleted; 3/19/2007 j Deleted: 3/19/2007 Deleted: 2/1/2007 - Deleted: 6 For purposes of these Regulations, the following words and phrases shall have the meanings given: "Board" - the Town of Reading Board of Selectmen. "Petroleum Products" - one or more of the following: Crude oil or any fraction thereof, which is liquid at standard conditions of temperature and pressure (60°F and 14.7 lbs. per square inch absolute); All liquid hydrocarbon products including, but not limited to, gasoline of any grade, motor fuels, kerosene, home heating oils, diesel fuels. "Handle" - To use, to deal with, to act on, to sell, or manufacture, or to dispose of something. "Operator" - The individual who has effective control of a business, a home occupation, an organization (for profit or non-profit), or office of a governmental agency located in -----1 Deleted: the Town.of Reading. "Owner" - The individual who has legal ownership of a business, home occupation, or industry or the operator of an organization or governmental agency located in the Town of Reading. For the purpose of this Bylaw, the Board of Selectmen shall be entitled to rely on the most current list of owners in the records of the Reading Board of Assessors as providing sufficient evidence of ownership. "Perennial Stream" - a body of running water, including rivers, brooks or creeks, which moves in a definite channel in the ground, and which flows throughout the year. "Release" - The accidental or intentional spilling, leaking, pumping, discharging, pouring, emitting, emptying, or dumping of crude petroleum or any of its products upon or into any land, air, or waters of the Town of Reading. Release includes, without limitation, leakage of crude 1 qc- 3/20/2007, petroleum or any of its products from failed or discarded containers or storage systems; disposal of crude petroleum or any of its products into any sewage disposal system, dry well, catch basin, unapproved waste landfill; and any other. discharge of crude petroleum or any of its products into the environment in the Town of Reading. "Site" - Any real estate, personal property, facility, building, structure, installation, equipment, pipe, or pipeline including any pipe into a storm drain, sewer, or treatment works, well, pit, pond, lagoon, impoundment, ditch, tank, landfill, storage container, or any other place or area to, from, or at which crude petroleum or any of its products are stored, used, manufactured, sold, handled, disposed, or discharged. "Store" - To keep or contain crude petroleum or any of its products in such a manner as not to constitute handling or otherwise use or disposal of such substances or materials. Notwithstanding the aforesaid, the term "store" shall not include the maintaining of crude petroleum or any of its products that are in transit. "Threat of Release" - A substantial likelihood of a release that requires action to prevent or mitigate an imminent threat to the life, health, or safety of the public that may result from such release. Section 1.2 . Findings and Purpose Environmental contamination can bankrupt site owners, lower or destroy land values., drive out residents and industry, depress the local economy, and endanger public health. Most petroleum products do not readily decompose into harmless components but remain in dangerous forms and penetrate into and throughout the environment by moving through water, soil, and fissures in the bedrock. Deleted: 3/19/2007 Deleted: 3/19/2007 'rDeleted: 2/1/2007 The groundwater of the Town is a major environmental Deleted: resource 'of the community and. the region. In the event the Town receives some of its water from the MWRA System the Town may continue to maintain the capacity to provide water from its existing water supply source, maintain or improve ownership or control of Zone I for its wells, maintain or improve its Zone II wellhead protection, and maintain its existing water supply sources as an 2 ~l I L. G 3/20/2007, { Deleted: 3/19/2007 ..............F;-.-. Deleted'. 3/19/2007 inactive water supply in accordance with Massachusetts Deleted: 2/1/2007 Drinking Water Regulations. Releases of crude petroleum or any of its products onto the ground and surface waters have adversely affected and repeatedly threaten the quality of the groundwater supplies and related surface water resources, posing substantial public health and safety hazards. Unless stricter preventive measures are adopted to manage the storage, use, and generation of crude petroleum and its products and prohibit the release of these substances within the Town, further releases of such materials will predictably occur, and with greater frequency and degree of hazard by reason of increasing construction, commercial and industrial development, population, and vehicular traffic in the Town and surrounding areas. In addition, the cleanup of releases requires expeditious measures to avoid widespread environmental damage to the resources of the Town of Reading. Section 1.3. Authority and Effective Date These regulations are promulgated by the Board pursuant to its authority under Section 5.i7 of the Town of Reading Bylaw. These regulations shall become effective.as of , 200, ARTICLE 2 PETROLEUM REGISTRATION Section 2.1. Registration Every owner and/or operator of a site where petroleum products totaling ten (10) aallons liquid volume or qreater or ten (10) pounds drv weight or.qreater are stored or handled shall register with the Board of Selectmen within forty-five (45) days of the effective date of this Regulation or no less ,then thirty (30) days before any. jDeleted:within thirty (30) change which would require registration. `days of Registration,shall include: . (a) inventory of petroleum products to be stored, used, or handled, including the type and quantity of each petroleum product; Deleted: the types and (b) a description, including street address and quantities of petroleum products being used, Assessors Map and Parcel number of the site location where handled, or stored; 3 G, A3 3/20/2007 { Deleted: 3/19/2007 Deleted: 3/19/2007 the petroleum products are being used, handled or stored Deleted:2/1/2007 accompanied by a map or drawing; (c) a description of the location within the site where the petroleum products are being used, handled, or stored, including a plan or drawing of said location; (d) description of the method of storage (i.e., in a 150-gallon tank), age of container, capacity of container; and (e) the names, addresses, telephone, email, and fax of the owner, the operator, and the applicant. {Deleted: and Registration shall be submitted on Form A, Registration; incorporated as part of these Regulations. The Board of Selectmen, or their designee, shall review the registration information to determine whether an owner and/or operator is subject to the permit requirements set out in these Regulations and the Petroleum By-law. The Board shall notify the Owner and Operator within forty- five (45) days of submission of the Registration whethera _ --_--j Deleted: thirty permit will be required. ARTICLE 3. PETROLEUM PERMIT REQUIREMENT Section 3.1. Permit Required Subject to the exceptions set forth below, no owner or operator shall store or handle any petroleum product, as defined above, in the Town of Reading unless a permit is obtained from the Board. This permit shall be in addition to any other permit or license required by state or local law or regulation. The owner and/or operator of any site on which such petroleum product is stored or handled shall submit a completed permit application to the Board within forty-five (45) days of notification by the Board of Selectmen under 2.1. The Board of Selectmen and/or the Fire Chief may schedule a site inspection. No permit shall be required if all of the following criteria are satisfied: The total quantity of all petroleum products on the site is less than the (10) gallons liquid volume or less than ten (10) pounds dry weight. The site is not located in an area of Town that presents a high risk to groundwater or surface 4 qv 3/20/2007,_ water should a release of any amount occur, as said areas are delineated on the plan approved by the Board and attached hereto as Exhibit A. These areas include, but are not limited to, the area within the Aquifer Overlay District as shown on the most recent zoning map, land with the FEMA. flood prone areas, estimated and priority habitat of state-listed species, certified vernal pools,and land within two hundred feet (2001) of any river or perennial stream. The Board shall only issue a permit under these Regulations after a public hearing, duly noticed by publication, at least seven days before the scheduled hearing, in.a newspaper of general circulation in the Town of Reading and by mailing, by certified mail return receipt, notice of the time and place of the hearing to all owners of property abutting said site within 300 feet as certified by the Reading Assessor's Office and adjoining municipalities. The cost of such notice shall be borne by the applicant'. The Board may issue a permit under these Regulations for no more than five years or for a shorter time where the Board decides that a shorter time is appropriate in the best interests of the Town of Reading. Said permit may be renewed in accordance with the provisions of Section 3.3 below and shall expire if not renewed before the end of the initial time period. Any such permit shall be subject to such conditions and restrictions as may be prescribed by the Board, which may include a condition that the permit be exercised to such extent and within such period as may be fixed by the Board. Prior to the close of the hearing, the Board shall.require the written recommendation of the Reading Fire Department of the contingency plan set forth in the application in accordance with Section 3.2 below. The applicant shall be required to post said contingency plan on the site at a location acceptable to the Reading Fire Department.. Said permit must be amended in the event any change occurs as set forth in Section 3.4 below. An applicant for permit, renewal permit, or amended permit shall pay a fee in accordance with the schedule of fees set forth in Section 3.5 below. 5 { Deleted: 3/19/2007 Deleted: 3/19/2007 ( Deleted: 2/1/2007 { Deleted: R i l L" i 3/20/2007, Deleted:3/19/2007 -E { Deleted: 3/1912007 1 Deleted: 2/1/2007 1 Section 3.2. Permit Application and Contingency Plan {Deleted:/ An application for a petroleum storage permit shall be made in writing to the Board, on Form BA { Deleted:, { incorporated as part of the Regtlations, and shall provide all information requested on said form, including but not limited to the, information set out at section 2.1 of these Regulations... Deleted: following:1 a. Name, address, If a determination is made that a permit is required, the telephone, fax and email of applicant shall submit Form E', the Contin.genc.. Plan - - owner;4 b. Name, address, incorporated as part of these Regulations...The Contingency telephone, fax and email of Plan shall provide all information requested on Form B operator;4 c. .Address of the site;4 including but not limited to the following: d..Inventory of petroleum products to be stored, including the type and a. where and how petroleum products will quantity of each. petroleum be stored proauct;4 e. Location within the site . b. where and how petroleum products will where petroleum products be handled will be stored, including a plan or drawing of said c. methods for containing. release of location;4 f the ti i petroleum products on o f.. Descr p container in which each d. measures to prevent and control petroleum product will be including4 stored releases , ..i..age of the container;4 e . inventory of containment and emergency ii.. capacity of the equipment coniii ner; 4 f. schedule of maintenance of containment Deleted: simultaneous with and emergency equipment the filing of the g, name, address, telephone, email, and Application Form B, fax number of person responsible for overseeing - Deleted: c , implementing the contingency plan and i Deleted: , to the Reading ~ and,r e orti•ng any release and the chain of pRrt .....l...•-------- Fire Department. A copyshall , the Application Form B ,notification for facility personnel :and 7employees ; be attached to Form C as well as res onsible or anizations who would be P g------ - , rDeleted: c alerted in the event of a release or emer enc - - - - - g y , Deleted: Deleted:... h . evacuation scheme for the site Deleted: The Fire Department shall review the Contingency Plan and %',,,,j Deleted Deleted:. . send written recommendations to the Board of Selectmen % prior to the close of the hearing on said application. Deleted:.... Deleted:... Section 3.3 Renewal of Permit At least sixty (60) days prior to the expiration of a permit, the owner and/or operator may apply to the Board 6 3/20/2007 { Deleted'. 3/19/2007 (Deleted: 3/19/2007 1 for renewal of the permit. The application shall be made Deleted: 2/1/2007 in writing to the Board on the form approved by the Board. The Board may renew a permit for a maximum of five years or for a period of less than five years where the Board decides that such shorter time is appropriate in the best interests in the Town of Reading. Upon upon recipt for a renewal, the Fire Chief or other j Deleted: application . j or . . qualified person may..s.chedule a site inspection. The Board may, but need not, conduct a public hearing upon the application for renewal and may issue at a public meeting such renewal permit. The minimum requirements for renewal of a permit shall include a completed renewal application (FFrm A), a complete inventory, and a j Deleted: £o satisfactory contingency plan (Form B). The Board may impose conditions upon the renewal permit. Section 3.4, Amended Permit Any permit issued pursuant to these regulations must be amended where the owner or operator wishes to change any terms or conditions of the permit or the Contingency plan, without expansion or enlargement, upon which the local permit was issued, An application for amended permit must be submitted not less than thirty (30) days prior to an anticipated change. A change includes but is not limited to, any change in owner or operator of the site or any iphange of petroleum products stored. Any person seeking amendment of a permit must apply in writing to the Board on Form N .The Board may issue an amended permit after a favorable site inspection and public hearing as provided in Section 1 above. A permit may not be amended to allow expansion of the originally permitted activity. If the Board determines that the amendment constitutes an enlargement, the applicant will be directed to file an application for a new permit. Section 3.5. Fees 7 j Deleted: change fDeleted:in quantity j Deleted. D, incorporated as i part of these Regulations, J J1 3/20/2007 In addition to the,cost of notice of any public hearing, the applicant shall pay the following fees: a. Registration - no fee b. Permit - $100.00. plus $50.00 per tank 1 Deleted: C. Renewal Permit - $100.00 dollars j Deleted: 25 d. Amended Permit - $100.00 Section 3.6. Abandonment of Use Where the site ceases to be used for the keeping, storage, use, manufacture, sale, handling, or disposing of petroleum products, the owner and/or operator shall send written notification to the Board of Selectmen at least thirty days - in advance of the discontinuance of such, use. All products shall be removed from the•site,and disposed pursuant to federal and state laws. Notification shall include, but not be limited to, a listing of all products being discontinued, method of disposal , and the .disposal site. ARTICLE 4.0 REGULATIONS Section 4.1. Prohibitions A. No person shall release any petroleum products upon the ground; into any surface water or groundwater;'or into any sewage disposal system, catch basin, dry well, stormwater management structure, or drainage structure within the Town of Reading. Maintaining a site that constitutes a threat of release of petroleum products is prohibited. If a release occurs there shall be immediate notice to the Fire Department. B. Storage 1. All petroleum products shall be stored in product-tight containers. 8 Deleted: 3/19/2007 Deleted: 3/19/2007 Deleted: 2/1/2007 1 Deleted: and the Fire Department L lg Deleted'. 3/19/2007 3/20/2007 { ♦ . . .-_----------.---_.--.E . . . . . . . . j Deleted: 3/19/2007 Deleted: 2/1/2007 - 2. No container over thirty (30) years old shall be used for storage of petroleum products in the Town of Reading unless authorized by the Board based on materials or condition'of the container. Any container over thirty (30.) years old or that reaches the age of thirty (30) years after the effective date of these regulations shall be removed within sixty (60) days of said effective date or the date the container reaches the age of thirty (30) years, whichever is later. The Board of Selectmen may authorize use of a tank over thirty (30) year old (based upon the written recommendation of the Fire Department). 3 . , Each container must be designed to prevent . Deleted: 3. the flow of petroleum product to exposed soils, Formatted: Bullets and Numbering drains or surface waters and groundwater. Deleted: outdoor storage, if permitted by zoning, must be 4. Outdoor storage, if permitted by zoning, designed to protect from the elements, accidental damage must be designed to protect from the and vandalism.% elements, accidental damage and vandalism. Deleted: 4. . { Deleted: i 5. Areas for storage of petroleum products shall be clearly delineated and signs posted clearly describing the nature of the - - Deleted: delineating storage area. Each container must be clearly labeled with the name of the petroleum product. Containers of petroleum products which are in their original labeled product containers and which are or will be displayed for retail sale are not required to be labeled in accordance with this subsection. The Board of Selectmen and/or the Fire Department may require storage areas to be fenced. 6. Each container shall be stored in such a manner as to facilitate visual inspection of said container. Section 4.2. Enforcement 9 L" ~ C 3/20/2007, _ . The Board of Selectmen, the Reading Fire Department, or their agent may enter, according to law, upon any site at any reasonable time to inspect for compliance with these Regulations and with the conditions of the permit, and for threat of release. Upon request, the owner or operator of any site identified on a permit shall furnish to the Reading Fire Department all information required to monitor compliance with these Regulations and the conditions of any permit, renewal permit, or amended permit issued hereunder. Section 4.3. Violation Notices and Orders The Board and/or the Reading Fire Department, or their agents, are authorized to issue notices of violation, cease and desist orders, and other enforcement orders to compel compliance with these Regulations, the Bylaw under which these Regulations are adopted, and the conditions of any local permit issued by the Board as the Board or the Fire Department deems necessary and appropriate. Deleted: 3/19/2007 Deleted: 3/19/2007 Deleted: 2/1/2007 { Deleted: s, The Board and/or the Reading Fire Department, or their agents, shall give written notice of any violation to the operator and owner of the site. Such written notice shall specify the nature of the violation; any corrective measures that must be undertaken, including containment and cleanup of discharged materials and sampling and analysis before, during, and after cleanup; any preventive measure required for avoiding future violations, including long- term monitoring; and a time for compliance. Any requirements specified in a violation notice or an order shall be reasonable in relation to the public health hazard involved and the difficulty of compliance, but shall not be less than required under Federal or State law. The cost of containment and cleanup shall be borne by the owner and/or operator of the site. All costs that the { Deleted: Any charges - - - Town incurs in any cleanup process shall be borne by the owner and/or operator of the site and shall be collectable as a charge owed the Town in accordance with Section 58 of Chapter 40 of the General Laws. Section 4.4 Penalties Any person who violates any provision of this Regulation shall be fined as provided in Section 1.5 of the Bylaws of 10 S1 ID 1 3/20/2007, the Town of Reading. Each day that an individual fails to comply with a notice or order under the Bylaw or Regulations shall constitute a separate violation. After notice in accordance with Section 4.3 above, the Board may suspend, modify or revoke any permit, renewal permit, or amended permit issued under these Regulations for due cause, which shall include but not be limited to failure to comply with any section of these Regulations or the Bylaw, failure to perform the conditions set forth in the approved contingency plan, or violation of any condition of a permit, renewal permit or amended permit. EFFECTIVE DATE: 11 Deleted: 3/19/2007 Deleted: 3/19/2007 Deleted: 2/1/2007 G / j 3/19/2007 FORM A TOWN OF READING O REGISTRATION OF PETROLEUM PRODUCTS ❑ APPLICATION FOR PETROLEUM PERMIT ❑ RENEWAL OF PERMIT Instructions: This form is to be submitted to the Board of Selectmen, 16 Lowell Street, Reading, MA 01867. For definitions of terms and further information, refer to Section 5.17 of the Town of Reading Bylaws and the Town of Reading Petroleum Storage Regulations..If additional space is required for any response, please attach additional sheets. SECTION 1. APPLICANT/OPERATOR/OWNER INFORMATION: Applicant: Name: Address: Telephone No.: Fax No. E-mail: If not Owner or Operator, identify relationship to owner or Operator: Operator: Name: Address: Telephone No.: Fax No.: E-mail: 1 IV 3/19/2007 Owner: Name: Address: Telephone No.: Fax No.: E-mail: Location of Site: Provide Assessor's Map and Parcel Number and plan of land. SECTION 2. INVENTORY OF PETROLEUM PRODUCTS TO BE STORED: TYPE: 1QUANTITY: 1. 2. 3. 1 4. 1 SECTION 3. LOCATION WITHIN SITE DESIGNATED FOR STORAGE Please attach a plan or drawing depicting the location within the site where each petroleum product will be stored. SECTION 4. CONTAINERS For each of the petroleum products identified in Section 2, please provide the following information relative to the container in which each such product will.be stored: AGE CAPACITY 12.1 13. 1 14.1 GENERAL DESCRIPTION 2 L,Gjt3 3/19/2007 FORM B Town of Reading CONTINGENCY PLAN Instructions: This form is to be submitted at the time that the Application For Petroleum Storage Permit is filed with the Board of Selectmen. A copy of the Application (Form A) shall accompany this form. If additional space is required for any response, please attach additional sheets. Person responsible for overseeing and implementing the contingency plan: Name: Address: Telephone and FAX: Email: Person responsible for reporting any release: Name: Address: Telephone and FAX Email: 1. Where and how will petroleum products be stored on the site? 2. Where and how will petroleum products be handled? L)~1~9 3/19/2007 3. Describe the methods for containing release of petroleum products. 4. Describe the measures you will implement to prevent and control releases, including staff training. 5. Provide an inventory of the containment and emergency equipment on site. (Use additional pages if necessary.) 6. Provide a schedule of maintenance of the containment and emergency equipment on site. (Use additional pages if necessary.) 7. Chain of notification for facility personnel and employees as well as responsible organizations who will be alerted in the event of a release or emergency. Provide name, address, telephone, fax, and email for all personnel: 2 V c~' tn 3/19/2007 8. Describe the evacuation scheme for the site. You may attach a plan or drawing in lieu of a narrative response. Applicant: Date: RECOMMENDATION OF THE FIRE DEPARTMENT (to be filed with the Board of Selectmen five days prior to the commencement of the public hearing Fire Department 4d) Review Draft Petroleum Repaalations - Town Counsel will be present to review the draft Petroleum Regulations with the Board of Selectmen. We have gone through review process of these regulations with a staff team including representatives from Fire, Conservation, Health and DPW. /4e) Establishment of Parkina Regulations on Sanborn between Woburn and Lowell Street - This had previously been discussed with the Board of Selectmen. The Parking, Traffic and Transportation Task Force does recommend two hour parking for a portion of \ Sanborn Street on the east side from Woburn Street to the handicap parking spaces. This area is cleared of snow by the Department of Public Works in the Winter time, and extending it to the handicap parking spaces makes a good stopping place. There are approximately nine spaces in this location. This is at the request of the Reading Congregational Church and its tenants, primarily Creative Arts for Kids. Correspondence relative to this matter is attached. N PIH/ps k1 LEGAL NOTICE ...t ~4~ 100V` TiO1N11t.01~ READII To tFlp`lnhab tants. of f Reading q 4 Pla;e take rtofit"fie of ,oard of selectmen yev an r l „ t' a , ' :.l I.%% r,, ; ' L , : , -e:, Vii ~ _ i • , . „ ' , l~\t---t---,. :T. 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' ¢1_:::_:-.:::. a... 246075A000004070 VACCARO DOROTHY PHILIP VACCARO 52 SANBORN ST READING, MA 01867 246064000000008& BOSTON READING LLC 715 BOYLSTON ST BOSTON, MA 02116 246075A000004080 GOMES CHERYL A 52 SAN13ORN ST UNIT 408 READING, MA 01867 2460640000000090 HOZID JOSEPH L TRUST 22 ELMVIEW TER BROCKTON, MA 02401 MOYETTE RICHARD ETAL TRS THE GANNON FAMILY NOMINEE TR 52 SANBORN ST APT 409 READING, MA 01867 CHIARAVALLOTI VINCENT CHIARAVALLOTI ROSINA 16 HERITAGE LN SAUGUS, MA 01906 246075A000004040 2460640000000130 SCHAUER MARTIN III DOUGLAS FUNERAL SERVICE UNSWORTH ERIC R 52 SANBORN ST APT 404 25 SANBORN ST 11 BITTERSWEET LN READING, MA 01867 READING, MA 01867 SO HAMILTON, MA 01982 KNIGHTS OF COLUMBUS INC 246064000000014A 15 SANBORN ST PIERRO JERRY U.S. POST OFFICE READING, MA 01867 GERALDINE N MURRAY ETAL . 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MA 01867 2460750000000260 BUSSOLARI LYNDA M 60 LOWELL ST READING, MA 01867 2460750000000290 FISHER THIRZA A 64 SANBORN ST READING, MA 01867 2460640000000230 GREEN DONALD M AYSE GREEN 46 WOBURN ST READING, MA 01867 2460640000000440 ROY ROBERT A GINA BACIGALUPO ROY 19 WOBURN ST READING, MA 01867 2460750000000270 TALBOT DAVID A JULIE H TALBOT 73 LINDEN ST READING, MA 01867 2460750000000300 GILLIS WILLIAM D JR 69 LINDEN STREET READING, MA 01867 2460750000000310 BARDOL HENRY J BARBARA T BARDOL 62 SANBORN ST READING, MA 01867 2460750000000360 CHRISTIAN SCIENCE SOCIETY 32 LOWELL ST # 34 READING, MA 01867 2460750000000340 CMARC SANBORN STREET INC 17 EVERBERG ROAD WOBURN, MA 01801 246075A000004060 CARUSO JOSEPH C TARA RAE FLEMING 52 SANBORN ST UNIT 406 READING, MA 01867 2460750000000350 FIRST CONGREGATIONAL CHURCH OF READING 25 WOBURN ST READING, MA 01867 246075A000004010 FOWLER KATHRYN L 52 SANBORN ST UNIT 401 READING, MA 01867 yey x2460750000000390 2460750000000400 2460750000000400 SULLIVAN NEIL BOEGEL JOAN BOEGEL JOAN DEBRA SULLIVAN WERTH PHILLIP WERTH PHILLIP 37 LOWELL ST 3 HIGHLAND ST 3 HIGHLAND ST READING, MA 01867 READING, MA 01867 READING, MA 01867 246075A000004020 2460750000000410 2460750000000420 R INN VIRGINIA M SANDBERG MARTHA C GILDEA PATRICK S 52 SANBORN ST UNIT 402 13 HIGHLAND ST CHARLENE GILDEA READING, MA 01867 READING, MA 01867 16 HIGHLAND ST READING, MA 01867 2460750000000430 2460750000000440 246075A000000010 LYNCH DENIS P NICHOLAS MICHAEL C MURPHY MELANIE M SUSAN M LYNCH JAMIE F NICHOLAS 52 SANBORN ST UNIT 1 55 LOWELL ST 61 LOWELL ST READING, MA 01867 READING, MA 01867 READING, MA 01867 -246075A000000020 246075A000000030 246075A000000040 STANTON BRENDA K COSTELLO SARAH MARQUARDT CHARLES J 52 SANBORN ST APT 2 52 SANBORN ST APT 3 52 SANBORN ST APT 4 READING, MA 01867 READING, MA 01867 READING, MA 01867 246075AO00000050 246075A000000060 246075A000000070 BURKE CHARLES L BURKE CHARLES L COULTER LORINDA A ANNETTE I BURKE ANNETTE I BURKE 52 SANBORN ST 47 4 JUNE ROAD 4 JUNE ROAD READING, MA 01867 STONEHAM, MA 02180 STONEHAM, MA 02180 246075A000OOIOIO 246075A000001020 246075A000001030 CRUSCO JOHN J JR RIGAZIO MARK L READING HOUSING AUTH. 52 SANBORN ST APT 101 52 SANBORN ST APT 102 22 FRANK TANNER DRIVE READING, MA 01867 READING, MA 01867 READING, MA 01867 `246075A000001040 246075A000001050 246075A000001060 MURPHY KIMBERLY R PUSTORINO PAUL G CARLYLE MARIAN K TRUSTEE 24 SQUANTO RD 52 SANBORN ST APT 105 DAVID O CARLYLE TRUSTEE WEST PEABODY, MA 01960 READING, MA 01867 PO BOX 637 OXFORD, ME 04270 246075A000001070 246075A000002010 246075A000002020 PAPPEY THEODORE N ANANIAN JANET M BURKE FRANCIS X LISA T PAPPEY 52 SANBORN ST APT 201 52 SANBORN ST APT 202 52 SANBORN ST UNIT 107 READING, MA 01867 READING, MA 01867 READING, MA 01867 LITTLE B GORDON ETAL TRS 246075A000002040 246075A000002050 52 SANBORN ST APT 203 SOLLITTO WILLIAM F DENAULT ROBERT READING, MA 01867 52 SANBORN ST APT 204 PATRICE DENAULT READING, MA 01867 31 SUMMER AVE READING, MA 01867 246075A000002060 246075A000002070 246075A000002080 GEE KATHLEEN M SMITH DAVID T WILSON JAYNE 52 SANBORN ST APT 206 JOAN M SMITH 52 SAN-BORN ST UNIT 208 READING, MA 01867 52 SANBORN ST #207 READING, MA 01867 READING, MA 01867 246075A000003010 DELORENZO LISA G 52 SANBORN ST APT 301 READING, MA 01867 246075A000003090 MCBRIDE KEVIN P 52 SANBORN ST APT 309 READING, MA 01867 246075A000003070 MCCAULEY SHARON J 52 SANBORN ST APT 307 READING, MA 01867 246075A000003020 MACLEOD DORIS 52 SANBORN ST APT 302 READING, MA 01867 TWOMEY CHARLES F JR 52 SANBORN ST UNIT 403 READING, MA 01867 246075AO00003080 O`LEARY LYNNE A 52 SANBORN ST UNIT 308 READING, MA 01867 246075A000004020 RIlVN VIRGINIA M 52 SANBORN ST UNIT 402 READING, MA 01867 246075A000003060 RYAN JUDITH M 52 SANBORN ST APT 306 READING, MA 01867 yep Hechenblefter, Peter ~►Z. r From: Judy Osborn CPA gosborn@moneyconcepts.com] Sent: Monday, March 19, 2007 1:14 PM To: Town Manager Cc: rnrchambercom@aol.com Subject: parking Hi Peter, I have been a resident of Reading for the past 20 years and have my CPA practice located in this town for the last 6 years. Although my building has it's own parking lot, parking is a problem in this town for my fellow business members. Please do not make matters worse by passing the proposed amendment. Sincerely, Judy Osborn CPA 1 qe7 Town of Reading o. a r w 16 Lowell Street Reading, MA 01867-2685 FAX: (781) 942=9071 Email: townmanager@ci.read! ng.mams Legal. Notice (Seal) Town of Reading To the hihabitants of'the Town of Reading: Please take notice that the Board of Selectmen of the Town of Reading will hold a public hearing on Tuesday; March 27, 2007 at 9:30 p.m. in the Selectmen's Meeting. Room; 16 Lowell Street, Reading, Massachusetts on the establishment of parking regulations on Sanborn between Woburn and Lowell Streets All interested parties may appear in person, may submit their comments in writing; or may email townmanager@ci.reading.rima.us. By order of Peter I. Hecheiibleikner Town Manager To, the Editor: To be published for one day on March 20, 2007. N B a N N Please send bill and tear sheets to: Town Manager, 16 Lowell Street, Reading, MA 01867 Y'%~ i l`~CG~) Ll,`c9 X771 c~Y S :L f C vy-~ r U~ d6w f SrtcC~~i r`S ~a ~i20 ~ acv TOWN MANAGER (781) 942-9043 Page 1 of 2 Schena, Paula From: Hechenbleikner, Peter Sent: Wednesday, February 07, 2007 9:47 AM To: Schena, Paula Subject: FW: Parking at First Congregational Church For Board of Selectmen 2-27-07 From: Halloran, Michelle Sent: Tuesday, February 06, 2007 2:32 PM To: Marilyn Hossman Cc: Cormier, Jim; Hechenbleikner; Peter; Zambouras, George; McIntire, Ted .Subject: RE: Parking at First Congregational Church Mrs. Hossman- I will forward your ideas to the other members of the PTTTF (Parking Traffic and Transportation Task Force). I will contact you after getting their comments and feedback. The next PTTTF meeting will be 2/21/07. Also, as we discussed during our meeting, any changes in the parking regulations need to be approved by the Board of Selectmen, -I'll be in touch- Officer Michelle Halloran Reading Police Department From: Marilyn Hossman [mailto:office.fccr@verizon.riet] Sent: Tuesday, February 06, 2007 2:01 PM To: Halloran, Michelle Subject: Parking Hi Michelle, Thank you for meeting with us last month. After we met your suggestions were presented to our church's Property Committee. In dialogue with our staff and tenants, it was agreed that it would be helpful to all of those who use the church facilities if at least eight spaces on Sanborn Street, at the Woburn Street end, were designated as two-hour (non- permit) parking Monday thru Friday. We are convinced that this would alleviate the current condition of those spaces being used by all-day parkers who arrive beginning at 6:30 am. Although day time parking has always been challenging around the church building, since the new parking went into effect in the areas surrounding us, the situation has become untenable for those who use the church during the day. Those who previously parked nearer to the town's shopping areas and train, have now moved their parking to Sanborn Street in order to avoid the paid parking spaces. Our church members and Creative Arts (CAK) users are regularly not able to find any parking within blocks of the facility. As.there are church meetings and CAK classes going on here during the day we need to have some open spots. We do not feel that the paid, plus. two hour permit would do us any good as we have people who need to park. all day here and as there is no promise of a space, the staff from our three renters would have no promise of a space if they were taken by the PAID all day people who come early. Would you please advise as to the maximum spaces you would allow for 2 hour parking, and what we need to do 2/7/2007 qe 7 Board of Selectmen Meeting March 6, 2007 For ease of archiving, the order that items appear in these Minutes reflects the order in which the items appeared on the agenda for that meeting, and are not necessarily the order in which any item was taken zap by the Board. The meeting convened at 7:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Ben Tafoya, Vice Chairman James Bonazoli, Secretary Stephen Goldy, Selectmen Camille Anthony and Richard Schubert, DPW Director Ted McIntire, Town Engineer George Zambouras, Water & Sewer Supervisor Jim Richardson, Executive Director of Reading Housing Authority Lyn Whyte, Town Manager Peter Heehenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur, and the following list of interested parties: David Williams. Reports and Comments Selectmen's Liaison Reports and Comments - Selectman Richard Schubert noted that it is only 15 days to the next hearing on the Route 128/1-93 Interchange project. The meeting is on March 21st at 6:00 p.m. at the Woburn High School. He encourages all residents to attend. Selectman Camille Anthony mentioned that she read in the MAPC Bulletin that there is $180,000 available for plarming for downtowns. She also noted that there is a landscape seminar on April 10th which would be a "How To" environmentally managing your landscapes. Selectman Stephen Goldy noted that Friends of Reading Recreation are having a Three on Three Basketball Tournament on March 18th. Vice Chairman James Bonazoli mentioned that he had Office Hours early this evening, and had met with Friends of Reading Tennis. He is also meeting with a committee to review the bids for the DPW study, and he will report on the progress at the end of the month. Chairman Ben Tafoya noted that the Human Relations Advisory Committee is having a meeting on March 8th at the Reading Police Department regarding the METCO Program. Selectman Camille Anthony reminded the Board that the Community Preservation Act Study Committee is meeting Thursday night for an open meeting. They expect presentations by the Recreation Cormmittee, CPDC, the Historical Commission and the Reading Housing Authority. The meeting will start at 7:00 p.m. at the Senior Center. Public Comment - There was no public comment. Acal Board of Selectmen Meeting - March 6, 2007 - Paue 2 Town ManaLyer's Report The Town Manager gave the following report: • State Aid - Governor's Budget (see memo from Representative Brad Jones). • Hunt Field scoreboard replacement (see e-mail in packet) - action requested. • Memorial Day speakers (see letter in packet). • Route 128/I-93 Hearing on March 21 st. • AW/P Charette at Senior Center on March 22nd at 7:00 p.m. • Adopt-an-Island Reception is on March 27th at 7:00 p.m. at the Senior Center. • Rabies Clinic is on March 31st - last date for licensing dogs without a fine will be April 2nd. • Cultural Council Reception is on April 12th. • MMA Regional Update Meetings - closest is April 5th in Danvers; on April 10th, there will be a Healthy Garden Workshop sponsored by DEP as a grant to the Town. Everyone interested in improving the environmental quality of their lawn and garden should attend including, and especially, landscapers. • Diranian settlement (Timothy Place). • Tom Ryan resigned from Town Meeting, the CPA Committee and the Board of Assessors. • Town Manager sent to Representative Brad Jones a list of "earmarks" that Reading would like to see in the FY 2008 State Budget. The main item is assistance with the cost of demolition of the old Water Treatment Plant. • The Town received a Fax last week stating that Woburn was under a boil order. Jim. Richardson called me to investigate. I talked with Jay Corey from the City of Woburn and he informed me they were under a boil order due to contamination in one of their tanks. He stated that the tank was isolated from their system and they were in the process of chlorinating and sampling. There is no threat to the Town of Reading from this incident. It is isolated in the City of Woburn and not coming from the MWRA feed. • Town Meeting telecast - was not able to go live. • I have been asked to chair the MMMA Regional and Municipal Policy Committee. • Cable TV legislation. • We are malting a grant application to the SETB. It is a simple formula grant providing us with $6200 to be used toward the cost of sending a Dispatcher to an Academy. The actual cost of the training (OT backfill, travel, meals) comes to about $6700.00 with the difference being a local snatch. • The FY 2006 Audit has been submitted to the Board of Selectmen and the Audit Committee. The Audit Committee will be meeting shortly to review the audit and Management Letter. • REMINDER - Texas Hold'Em and raffles need licenses through the Town Clerk's Office. At the request of the Town Manager, the Board approved the following motion: On motion by Schubert seconded by Anthonv, the Board approved the replacement of the scoreboard at Hunt Park with a new scoreboard at the existine location with s~,2 Board of Selectmen Meeting - March 6. 2007 - Paee 3 the new scoreboard beine no ereater than 20" larger than the existing scoreboard. The motion was aunroved by a vote of 5-0-0. There was discussion about whether the 20" was square inches or length, and it was left to the Town Manager to approve the new scoreboard. It was suggested that the Town Manager look at the possibility of "brownfields remediation" funding for the demolition of the Water Treatment Plant. The Board also asked for an update on the Pavement Management Plan. Discussion/Action Items Hiahli,Qhts - Sewer Inflow and Infiltration - DPW Director Ted McIntire, Town Engineer George Zatmbouras and Water & Sewer Supervisor Jim Richardson made a presentation on sewer inflow and infiltration. The presentation was extremely informative. Desi2llation of Board of Selectmen Representatives on Development Advisorv Team (DAT) for Addison-Weslev/Pearson - The Board discussed the designation of Selectmen Representatives on the Development Advisory Team for the Addison-Wesley/Pearson property. Selectman Camille Anthony felt that since this is a new initiative, there should be new representatives from the Board on this team. Vice Chairman James Bonazoli felt that he and Chainnan Ben Tafoya have been through the process to date and have a good handle on the property. Chain-nail Ben Tafoya felt that any member of the Board of Selectmen could do a fine job but noted that there is an aggressive time frame outlined by the developer, with not a lot of time available for the members of the DAT to come up to speed. Selectman Camille Anthony noted that traffic and access is one of the biggest concerns. She was not sure that Vice Chainnan James Bonazoli felt the same way. Vice Chairman James Bonazoli noted that this issue was the concern for all parties. This project is a priority for the community. He felt that he brought some views to the table that other members of the Board would not. Selectman Steve Goldy felt that the Board needs to discuss what issues are critical and what they would like to see on the property. National Development states that an all retail development will not work. He is concerned about high density housing. Chairman Ben Tafoya noted that we need a decision tonight because it is important for the Development Advisory Team to meet prior to the March 22nd meeting. The participants on the Development Advisory Team need to be flexible, and the developer needs to be flexible with regard to a time line. . 3 Board of Selectmen Meeting - March 6. 2007 - Paae 4 Selectman Richard Schubert noted that the time of availability is going to be important. His first thought is to have a balance of one person who was on the previous Addison- Wesley Working Group and one who was not. He feels that the developer is new and it would be good to have a new team. Dialogue with the Selectmen is important. All members of the Board of Selectmen need to be aware of the project, and how important it is going forward. Chainnan Ben Tafoya noted that everyone has the same goal in mind which is to have as near a unanimous consent on the development of the property as possible. This will take a thorough process. The representatives of the Development Advisory Team will not make decisions for the Board. The purpose is to guide the process. On motion by Schubert seconded by Goldv, the followine four names were placed into nomination to be the Selectmen's Representatives on the Development Advisorv Team: Ben Tafova, James Bonazoli. Stephen Goldv and Camille Anthonv. On a roll call vote, Camille Anthonv and Stephen Goldv.each received three votes and will be the Board of Selectmen's Representatives on the Development Advisorv Team. Water. Sewer and Stormwater Management Advisorv Committee re: Follow Ub on Water Issues - DPW Director Ted McIntire presented the Water, Sewer and Stonmwater Advisory Committee's comments on five issues that were previously raised. 1. Grants for Demolition of Water Treatment Plant - They have not been able to find any grants for demolition of the Water Treatment Plant but there was a suggestion that we should see if any federal "brownfields" grants could be utilized. 2. Shiftinc water debt to tax rate - Reviewing the option of placing the water and sewer debt on the tax rate has been reviewed with Winchester, which is one of the two communities that currently do that. After the budget is completed, the Town Manager has suggested having the Assistant Town Manager work on this project. 3. Alternatives for a tiered rate structure, - The Water, Sewer and Stonmwater Advisory Committee had previously brought to the Board of Selectmen the concept of tiered rates and the Board of Selectmen did not approve it. They were reluctant to spend the time on that process again. Ili addition, we do not have adequate software on our financial system to enable us to do a thorough job on this. The Board suggested this come back in approximately three years when the new financial software is in place, and that there is discussion with the Board prior to moving forward with an analysis on tiered water rates. Any tiered rates would need to be as simple as possible, and should continue to provide financial incentive for residents to save on water. Selectman Camille Anthony felt that perhaps a task force on this item would be appropriate including a member of the Board of Selectmen, the WSSWMAC and staff. 5-0-, Board of Selectmen Meeting - March 6. 2007 - Page 5 Vice Chairman James Bonazoli felt that we need to have a discussion on working . with other Boards/Committees/Commissions regarding the respective roles on matters that are referred to them by the Board of Selectmen. One suggestion was to get all Boards/Committees/Commissions together at the begimling of the fiscal year to have a discussion. 4. More freauent billing - With regard to more frequent billing, this again requires the improvement of the financial software. This will be reviewed in three years when the new financial software is in place. Dailv water distribution svstern improvements - With regard to spreading out water distribution system improvements, this is reflected in the most recent Capital hnprovements Program. Ted McIntire noted that we are progressing with the Water Resources Commission. On April 12th, there was a staff report to the Water Resources Commission, the intent which is to get the WRC to indicate that the application is complete so that the hearing process can move forward. We are working towards trying to complete this by June 30th. Progress Report - Northern Area Greenway Connnittee - David Williams, Chairman of the Committee, along with other members of the Committee, made a very thorough and entertaining report on their progress to date. They have broken the area into several sectors with a focal point in each. This allows the planning, financial and project to move forward in phases. One of the challenges will be how a crossing of Route 28 is handled. The Board of Selectmen appreciated the presentation and asked whether or not a site visit could be done. We will try to arrange that for a Saturday or Sunday. The Town Manager suggested touching bases with the Reading Open Land Trust, the Historical Commission (because the Old Mill site is directly affected by the possible development of the Greenway), the Cemetery Board (because one of the trail ends directly connects to the Wood End Cemetery). Meet with the RHA re: Affordable Unit at Gazebo Circle - Executive Director Lyn Whyte discussed with the Board of Selectmen the potential need for using a portion of the Affordable Housing Trust Fund so that the Housing Authority could buy this unit. Most recently, they have been able to find a qualified buyer and a Purchase & Sales Agreement has been executed. Therefore, it appears unnecessary that the use of any portion of the Affordable Housing Trust Fund should be required. However, the Town Manager suggested that the Board of Selectmen go on record as supporting such use in the event that it may become necessary. Ms. Whyte felt that there would be time if that becomes necessary to execute the necessary purchase. Any formal approval of the use of the Affordable Housing Trust Fund would, of course, require a joint meeting between the Reading Housing Authority and the Board of Selectmen. 5~'S Board of Selectmen Mectinc - March 6. 2007 - Pace 6 On motion by Anthony seconded by Goldv, the Board voted to indicate they would support approval of use of up to $50,000 from the Affordable Housine Trust Fund toward the purchase of a condominium at Gazebo Circle by a vote of 5-0-0. The Board had some discussion about how additional funds would go into the Affordable Housing Trust Fund. Review Goals - The Town Manager reviewed the list of 15 Goals as Priority Goals. The Board of Selectmen indicated that they seemed reasonable. The Town Manager will now flush out the goals and the specific action plan and give that back to the Selectmen for their information. Review Action Status Report - The Town Manager reviewed the Action Status Report and specifically focused on several areas where progress is being made. In general discussion, the Board discussed upcoming agendas and the presentation of the Capital hnprovements Program at the Selectmen's next meeting. Selectman Camille Anthony asked for additional information regarding artificial fields. Approval of Minutes On motion by Schubert seconded by Anthony, the Board approved the Minutes of February 3, 2007, as amended, by a vote of 4-0-1, with Anthony abstaininc. On motion by Goldv seconded by Schubert, the Board approved the Minutes of February 6, 2007, as amended, by a vote of 5-0-0. On motion by Schubert seconded by GoIdv, the Board approved the Minutes of February 13, 2007, as amended, by a vote of 5-0-0. Executive Session On motion by Goldv seconded by Anthony, the Board approved the Executive Session Minutes of January 30, 2007 on a roll call vote with Schubert, Anthony, Tafova and Goldv in favor and Bonazoli abstainine. On motion by Goldv seconded by Schubert, the Board approved the Executive Session Minutes of February 6. 2007 on a roll call vote with all five members voting in the affirmative. On motion by Schubert seconded by Bonazoli, the Board voted to adjourn the meeting of March 6, 2007 at 10:30 p.m. by a vote of 5-0-0. Respectfully submitted, Secretary V Board of Selectmen Meeting March 13, 2007 For ease of archiving, the order that items appear in these Minutes reflects the order in which the items appeared on the agenda for that meeting, and are not necessarily the order in which any item was taken up by the Board. The meeting convened at 7:02 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Ben Tafoya, Vice Chairman James Bonazoli, Secretary Stephen Goldy, Selectmen Camille Anthony and Richard Schubert, Recreation Administrator John Feudo, Town Manager Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur, Paula Schena and the following list of interested parties: Jennifer Miksen, David Tuttle, Michelle Hopkinson, Tony D'Arezzzo, Patricia Lloyd, John McCracken, Lorraine Salter, Kate Kaminer, David Lautman, Adam Pollock, Mike Sheedy, Peter Coumonduros. Reports and Comments Selectmen's Liaison Reports and Comments - Selectman Richard Schubert noted that the I93/I95 Interchange Meeting is March 21st at the Woburn High School. He also invited the Selectmen to participate in the upcoming Coolidge Spelling Bee. Selectman Stephen Goldy noted that the Addison-Wesley design charette is Thursday, March 22nd at the Senior Center. He has received inquiries from residents wanting to know when the stop sign at Walnut Street and Old Fann Road is going up. He asked where the seasonal Crossing Guard will be located. Vice Chairman James Bonazoli indicated that he was not happy that the Finance Committee removed the Nurse Advocate from the Warrant, and he feels that it was not their place to do that. The Town Manager noted that the Finance Committee took it off because they hadn't seen the FY 2008 Budget yet, not because they don't agree. Vice Chairman Bonazoli noted that he is also disappointed with Town Meeting's vote on Johnson Woods. Chairman Ben Tafoya noted that the screening committee met tonight to review the Town Planner resumes. Personnel and Appointments Coimnunity Planning and Development Commission - Chairman Ben Tafoya noted that all of the CPDC Associates were notified, and David Tuttle indicated that he was interested in becoming a full member. Schubert moved and Anthonv seconded to place the followine name into nomination for one position on the Communitv Planning and Development Commission. with a term expiring June 30, 2008: David Tuttle. Mr. Tuttle received five votes and was appointed. S-b~ Board of Selectmen Meeting - March 13. 2007 - Paae 2 Ad Hoc Community Preservation Act Study Committee - The Board interviewed Patricia Lloyd for one position on the Community Preservation Act Study Committee. Anthonv moved and Goldv seconded to place the following name into nomination for one position on the Ad Hoc Community Preservation Act Studv Committee with a term expirinLy June 30. 2007: Patricia Llovd. Ms. Llovd received five votes and was appointed. Discussion/Action Items Hearina - Waiver of Drivewav/Curb Regulations - 37 Pinevale Avenue - The Secretary read the hearing notice. The Town Manager noted that the owner paved the area in front of the wall making it a larger area than allowed. John McCracken is the owner and is requesting a waiver from the Town's regulations. The Town Engineer stated that the area is being used for parking but is supposed to be a sidewalk. The Town Manager also noted that Pinevale Avenue is in bad shape. Mr. McCracken noted that he did not pave the area for parking - he did it for safety and aesthetics. It was not his intention to go against the Town regulations. He also noted that it is a 5 foot by 30 foot pavement and if it is taken out, it will be a mess. Selectman Richard Schubert asked if there are any sidewalks on Pinevale Avenue, and if curbing will be put in. It was noted that there are no sidewalks or curbing. Selectman Stephen Goldy asked Mr. McCracken if he consulted with the Conservation Commission regarding putting this in. Mr. McCracken noted that he did speak with Fran Fink and made changes that she recommended regarding drainage. Vice Chainnan James Bonazoli noted that the Conservation Cormnission only rules on garages and driveways. The Town Manager noted that if the intent is a safe haven for pedestrians, then there should be curbing. He also noted that curbing will also prevent the snow plow from digging up the edge. He noted that the Town does allow residents to install sidewalks at their own expense according to Town specifications. Selectman Richard Schubert noted that curbing would add to safety but there is none on the rest of the street. Mr. McCracken noted that he cannot afford curbing so he will have to tear up the pavement. Jennifer Miksen of 41 Pinevale Avenue noted that the run off from his property has increased, and it should be removed and made pervious. She also noted that when she purchased her house, it was required to keep the land pervious for drainage. Mr. McCracken noted that Ms. Miksen had mentioned that she always had water so he moved his downspouts. Chainnan Ben Tafoya asked if the driveway project was done according to Town standards, and the Town Manager indicated that it was. s~~ Board of Selectmen Meeting - March 13. 2007 - Page 3 A motion by Schubert seconded by Goldv that the driveway opening at 37 Pinevale Avenue be limited to a maximum of 24 feet and that the asphalt in front of the retaining wall be removed and replaced with grass or gravel to be completed by June 30, 2007 was approved by a vote of 5-0-0. Review Capital Program and Financing - Selectman Camille Anthony asked the Assistant Town Manager Bob LeLacheur to review Page 7 of his Capital information. The Assistant Town Manager noted that on Page 1, there is a net amount of $2,325,571 committed. On the last page, everything above the boiler is committed, everything below is new/needed. Chairman Ben Tafoya asked what number we are trying to stay below, and the Town Manager noted that in FY 2009, we can afford $1,024,000 in capital. Selectman Camille Anthony asked if there is a policy on issuing debt. The Assistant Town Manager noted that it is the Town's objective to not do debt but to do capital. Selectman Anthony also asked if we add $77,000 in BAN's to this year's budget, what would be the impact. The Assistant Town Manager noted that there would be none because it is already in the budget that has been submitted. Chainnan Ben Tafoya noted that the Finance Committee has set a policy for 5% for debt and capital. The Assistant Town Manager noted that the Finance Cominittee policy also states that if any new project is more than .25% of 5%, then the Town should go for an override. Selectman Camille Anthony noted that the Library needs more capital. The Assistant Town Manager noted that the Library maintenance is in the Town line. The amount she is looking at is for technology, etc. Selectman Anthony also noted that she would like to see the School capital broken down by building. Park Planning - Tennis Courts - Recreation Administrator Jolnn Feudo and Friends of Reading Tennis representatives Lorraine Salter and Kate Kaininer were present. Ms. Salter handed out brochures and doted that 250 people attended the Reading Tennis Open. There are cracks in the courts that are in disrepair. Friends of Reading. Tennis are researching special needs grants. Ms. Kaminer noted that they had private companies come and look at the courts. It will cost $350,000 to rebuild six courts with lights. The lights alone are $90,000. Engineering also recommends raising the pads approximately three feet to align with the field, and that will alleviate drainage issues and handicap access. There is $200,000 earmarked from the Town and that leaves $150,000 for the Friends of Reading Tennis to raise. They are applying for grants and do house presentations. They have raised $30,000 since January. Ms. Salter noted that two courts will meet ADA specifications. She reviewed the list of programs that they plan on hosting. 5~3 Board of Selectmen Meeting - March 13, 2007 - Page 4 The Town Manager noted that the new lighting is definitely needed. The Superintendent of Schools wants to put in for SBA funding. Selectman Richard Schubert asked if there is an opportunity to repair the courts for use this Sumner. The Town Manager noted that there was not and if there are any issues with the condition, they will take the courts out of use. John Feudo noted that it costs approximately $12,000 to crack seal one court. Park Plant-ring - Artificial Turf Field - David Lautrnan, Adam Pollock and Mike Sheedy representing United Soccer, Lacrosee and Pop Warner Football were present. Mr. Lautman noted that the lacrosse field at Coolidge doesn't hold grass. They have been filling in the holes for years and it is a liability to the Town. He also noted that the Collins Field at Parker is deteriorating and they have lost the tennis court field. The usage is increasing - enrolhnent is up to over 500 children playing lacrosse. He noted that the Town has a $200,000 grant from the State that Representative Brad Jones got for them. John Feudo reviewed the benefits of playing on artificial turf. He noted that Parker is the best site for synthetic turf. He also noted that there are over 1000 players of soccer, over 700 in Pop Warner and over 300 in lacrosse. Mr. Pollock noted that they had to make fields in hazardous areas; i.e., parking lots last year when the fields were wet. The number of children. playing is growing but the Town is not adding more fields. Mr. Sheedy noted that there are over 1000 kids playing soccer and if the first game of the day is cancelled, then the whole day is cancelled. John Feudo noted that the lifespan of artificial turf is 10-15 years. Maintenance is $5,000- $10,000 versus $23,000 for grass. The total cost is $614,811 and the Town has received a grant for $200,000. The athletic organizations will do fundraising. Mr. Lautman noted that the three organizations have joined together and are donating $15,000. The goal is to raise $75,000. Selectman Camille Anthony asked about the lifespan, and the Town Manager noted that when the field is replaced, it is not the full cost just replacing the top portion because the drainage, etc. is already done. Park Plarulina - Memorial Park - John Feudo noted that Peter Coumonduros and Michelle Hopkinson were present. The Town Manager noted that Mr. Coumonduros came forward with ideas/plan for Memorial Park. He also noted that none of the plans are inconsistent with the current restrictions on the park. S Board of Selectmen Meetinu - March 13, 2007 - Paize 5 Mr. Coumonduros noted that this parking has huge potential and is underutilized. The skating area will be resized to look like a pond. They will add trees and parking. There will be a walking path around the facility, and the pathway from Salem Street will be redesigned. Friends of Reading Recreation will raise funds and do the work in phases. He also noted that the parking will also help the neighborhood. The Town Manager noted that the meadow in the center will allow ball playing without bothering the neighbors. DPW will do the skate rink and pathway. The bandstand will be modified. Vice Chairman James Bonazoli noted that they have created a vision that the Town has needed. He also noted that he does not want an asphalt walkway - he would prefer some other material. The Town Manager noted that we will be doing neighborhood outreach. Park Planninia - Birch Meadow - The Town Manager noted that there has been some confusion regarding the roles and responsibilities related to park improvements. He also noted that the Selectmen do not need to get involved with the day to day issues when there is a Master Plan. The problem is we don't have one for the Birch Meadow area. He suggests a Selectmen liaison, the Chairman of the Recreation Comimittee and staff to work out a policy for who does what. Selectman Camille Anthony noted that she would like to see a Master Plan for Birch Meadow that does not include fences at Birch Meadow. She also noted that there is the problem of people who do fundraising and the Town cannot fulfill their end. Chairman Ben Tafoya noted that the Board has seen substantial changes to the Capital Plan tonight from the presentations, and these did not include Ilmagination Station or the Northern Area Greenway. The question is how to evaluate and how to set priorities. He also noted that the Board could consider going to the cormmunity for a debt exclusion just for recreation projects. Selectman Richard Schubert suggests creating a Master Plan Group immediately for the Birch Meadow and Parker areas. Vice Chainnan James Bonazoli agreed with Selectman Schubert but noted that the committee needs to know the Selectmen's desires. The Town Manager indicated that he will put together a policy for an Ad Hoc Birch Meadow Plam-iing Committee. Selectman Camille Anthony indicated that we will need someone with passive recreation experience. Discussion of Possible Regulations - Retail Hours of Operation (re: Bvlaw Change) - The Town Manager noted that Town Meeting approved the changes in the Hours of Operation bylaw. The Selectmen need to think about broad concepts. Some issues would be: Earliest time to open Allowing later than midnight 1,,~ , Board of Selectmen Meeting - March 13- 2007 - Pate 6 • Partially opened or entirely open • Hours of delivery restrictions • Outside speakers • Address proximity of abutters Selectman Richard Schubert noted that there needs to be a process for the permit that clarifies when they will be required to come in before the Selectmen. Tony D'Arezzo of 130 John Street noted that he abuts the hidustrial District. He recommends that the Board be more on the stricter side in the beginning because it is harder to take away something once it has been granted. Vice Chairman James Bonazoli indicated that he would like a list of the places that were opening before 6:00 a.m. Selectmen Camille Anthony and Stephen Goldy indicated that they will meet with the Police Chief for his recommendations. Approval of Minutes A motion by Goldv seconded by Anthonv to approve the Minutes of Februarv 27. 2007, as amended, was approved by a vote of 3-0-2. with Bonazoli and Goldv abstaining. A motion by Bonazoli seconded by Anthonv to adiourn the meetine of March 13, 2007 at 11:00 p.m. was approved by a vote of 5-0-0. Respectfully submitted, Secretary S °r Fax: (781) 942-5441 Website: www.ci.reading.ma.us March 6, 2007 Mr. Richard Crupi 112 Winthrop Avenue Reading, MA 01867 Dear Mr. Crupi, PUBLIC WORKS (781) 942-9077 In researching the responsible party for the repair and maintenance of walls one typically looks at factors such as; ownership of underlying property, purpose and primary benefactor of a wall. This section of Winthrop Avenue, from house number 108 to the end of the street, was accepted by the Town in February 1959. While it is possible that the wall was constructed during the process of upgrading the roadway,, for its acceptance by the Town, I do not have any records of when or who actually constructed the wall. Based on a review of property line information we have determined that the wall is located within your private property and is not within the layout of Winthrop Avenue. Further the wall is retaining and permitting the continuation of the elevated grade of your front yard. Therefore based on the above information I have determined that the wall is owned by you, or current property owner, and the responsibility for the repair and maintenance of the wall lies with you and not the Town of Reading. Sincerely, George J. Zambouras, P.E. Town Engineer Cc: Peter I. Hechenbleikner, Town Manager Town of Reading 16 Lowell Street Reading, MA 01867-2683 Q\ Documents and Settings\ phechenbleikner.TOW N\Locai Settings\Temporary Internet Fi1es\0LKIAB\112W inthrop -W ali.doc L ( C - 1<35 Fax: (781) 942-5441 Website: www.ci.reading.ma.us March 6, 2007 Mr. John Zaya 108 Winthrop Avenue Reading, MA 01867 Dear Mr. Zaya, PUBLIC WORKS (781) 942-9077 I have reviewed the drainage concerns you have expressed'and have observed two areas that are the cause of the ponding in and along the roadway. The first and primary area is along the edge of the roadway were the grass plot has eroded slightly. This erosion was most likely caused by vehicles parking partially on the grass plot area along the edge of the roadway. This area is further aggravated and results in depressions when parking occurs during rainstorms. The re-graded and re-seeded of this area would correct the ponding however, the problem would simply return when parking in this area occurs. The installation of curbing would prevent parking and its resulting erosion. Unfortunately the Town's new curb installation program has been unfunded by Town Meeting for several years preventing installation of curb by the Town. Property owners can elect to hire contractors to install curbing for them. The work must be permitted through the Engineering Division and all work must be completed in accordance Town regulations. Please call the Engineering Division if you decide to have someone install curbing for you and would like additional information. The second and minor area is a result of slight settlement and deterioration of the pavement along the where the gas main was installed. This area results in slight puddles within the roadway. The gas main was installed in 1989 and the Town cannot hold the gas company responsibility for any trench repair at this time, therefore the best solution to this problem is to repave the roadway. The Town has a very active annual roadway repaving program. Roadways are selected to receive treatment yearly through a computerized program that analyzes numerous roadway factors such as location, traffic, utility excavation and other factors that affect deteriorate pavement. This enables the Town to effectively expend monies on roadway improvements in a cost effective manor to maximize roadway life expectancy. All streets in Reading are inventoried by a private consultant every three years to update the programs database which enables reliable selection of roadway improvements. Our consultant has Q\ Documents and Settings\phechenbleikner.TOW N\ Local Settings\Temporary Internet Pi1es\0LK1AB\I08W inthrop -drainage.doc Town of Reading 16 Lowell Street Reading, MA 01867-2683 B just completed the inspection of the Town's roadways and is expecting to update paving schedule within the next few weeks. As soon as I receive the updated information I will be notify you of how Winthrop Avenue faired in the analysis or more importantly when the Town expects to repave the roadway. Sincerely, George J. Zambouras, P.E. Town Engineer Cc: Peter I. Hechenbleikner, Town Manager Q\ Documents and Settings\ phechenbleikner.TOW N\ Local Settings\Temporary Internet Files\OLKIAB\IOBW inthrop -drainage.doc 2 S~s tic ^ W ~~/L.9G 0~~%TG~L~'C.1G/7.~CLfLLfGJ W J/.LL/,G ~CGO(L.1G, ~6.1L`O,~L 0~7.~.1~ 7O.Jli o^M~VO~~o 20'" MIDDLESEX DISTRICT BRADLEY H. JONES, JR. READING • NORTH READING STATE REPRESENTATIVE LYNNFIELD • M LETON TEL. (617) 7 100 MINORITY LEADER Rep. Brad Iey-fonesQl~.sta.te.ma.us { www.bradjones201ine.com N- March 7, 2007 Luisa M. Paiewonsky, Commissioner c Massachusetts Highway Department 10 Park Plaza, Suite 3170 w Boston, MA 02116 Dear Commissioner Paiewonsky: I am writing to request your assistance in expediting work on MHD Project No. 602617, which involves improvements to a section of Main Street (Route 28) in downtown Reading. This project is of utmost importance to the Town of Reading because it would make significant changes.to•the, flow of traffic and parking in the downtown business district. This is a targeted area of development and- improvement for the town, and it has been for quite some time. Moreover, this area is of important:hist.orical and - aesthetic value to the town and its residents. The project in question was put out to bid last September. Since then the town and my office have been working with MHD to make sure that bids are opened promptly to ensure a clear understanding of project costs and parameters for all involved. We also have tried to emphasize the importance of starting work on the project this construction season. Unfortunately, the timetable for bid opening has crept forward progressively over time. The most recent target date was set for March 13, 2007. Though later than what was hoped for originally, this date was marginally acceptable for those involved. Now, we are being advised that bids will not be opened until at least June 5 and then only if there is sufficient funding for the project, which is based on passage of a Transportation Bond Bill. I understand the complexity of the planning and prioritization your office must go through to balance the diverse transportation needs of the state within the scope of available funding. However, I remain hopeful that you might be able to intervene in this situation and make sure that bids are opened, and that project funding is guaranteed, in a timely enough fashion to allow work to proceed in downtown Reading this season. This is an important priority for my district and I would be most appreciative for any assistance you can render. Thank you for your attention to this matter. Should you wish to discuss this project with me in greater detail, I invite and encourage you to contact me at your convenience. cc: Peter Hechenbleikner, Town Manager H. Jones, Jr. Leader 1~ I- Ccomcast March 9, 2007 -Via Overnight Mail- Board of Selectmen Town of Reading 16 Lowell Street Reading, MA 01867 Re: Annual License Fee for 2006 Dear Members of the Board: LIC %C5 C. J Comcast Cable 55 Concord Street North Reading, MA 01864 WWW.COmcast.com N 8 •.o m w -r~ ti 0 0% hi accordance with M.G.L. c.166A §9, enclosed please find the 2006 license fee payment, for the Town of Reading, equal to $0.50 per subscriber as of December 31, 2006. The payment is being submitted in the amo-ant of $3,320.00, which reflects 6,640 subscribers as of December 31, 2006. Please do not hesitate to contact me at (978) 207-2264 should you have any questions regarding this or any other cable related matter. Sincerely, yinan OrSane' Manager - Gov anent / Conu-nunity Relations e March 19, 2007 Board of Selectmen Town of Reading 16 Lowell Street Reading, MA 01867 Re: Massachusetts State Franchising Bill -Senate Docket 19871House Docket 1298 Dear Members of the Board: As you may know, legislation has been proposed that will strip local governments of their power to franchise cable television and would transfer this power to the State. Under this legislation, a local government would have no authority to approve who is using its right of way nor to require that service be made available to all its residents. The bill, Senate Docket 1987 /House Docket 1298, allows Verizon to bypass local officials completely and would require the State to grant them a single state issued franchise agreement that would allow them to cherry pick the communities and even neighborhoods they serve. Under the language of the bill, the only recourse a municipality would have is to take Verizon to court. The current system ensures that Verizon must build out and provide service and community benefits in each municipality they enter, just as cable companies do. The ironic part of this legislation is that Verizon has said multiple times that local franchising is not a barrier for them and that local officials have welcomed their entry (see enclosed). As a company that has worked with municipal governments for decades, we can speak to how much local officials like you want cable competition and how easy the franchising process can be when a provider like Verizon wants it to be easy. Verizon doesn't need legislation to compete. It already has that ability, and we know that municipal officials like you are eager for them to enter the market - they have signed 42 franchises so far in Massachusetts. What Verizon really wants is a special exemption from local regulation. The problem is that it will come at the expense of consumer protections and community benefits, such as public access programming, which are required of all other cable providers. We support local control of cable franchising; we know its best for Massachusetts consumers and we dedicate the staff to work with cities and towns. To oppose this bill, we ask that you send a letter to your state legislative delegation and pass a local resolution opposing Verizon's attempt to remove local control, as communities such as Quincy, Pittsfield and Waltham have done. If you feel like you need more information before opposing Verizon's legislation, we encourage you to contact the Massachusetts Municipal Association (617-426-7272), consult with your local public access group or contact me at 978-207-2264. Thank you for your attention to this important local control issue. We at Comcast are proud to be a part of your community. Sincerely, Jane M. Lyman Senior Manager of Government & Community Relations MASSACHUSETTS CABLE TELEVISION FRANCHISING LAWS WORK! Ask Your Legislators to Oppose Verizon's Legislation (SD1987/HD 1298) ✓ The Massachusetts Cable Television Market Is Amona the Most Competitive Cable companies operate in most Massachusetts communities. DirecTV and Dish Network serve all of Massachusetts with satellite video, have 350,000 customers and are growing. RCN operates a second cable television system in 18 communities in greater Boston. According to public records, Verizon has signed 42 franchises with, about two dozen pending approval and have built their FiOS network in over 100 cities and towns. Municipal Light Plants provide cable television services in Braintree, Norwood, Shrewsbury and Russell. ✓ Cable Franchises Are Non-Exclusive - Anv Cable or Satellite Provider Can Serve Anv Communitv in Massachusetts - and Manv Do - includine Verizon Since 1971, all cable franchises in the Commonwealth must be non-exclusive and since 1996 telephone companies like Verizon have had the authority to obtain cable television franchises. No change in the law is required and Verizon, or any entrant, is free to negotiate a cable license anywhere in the Commonwealth under current law. Verizon can simply white-out an existing cable operators name on any cable franchise in the Commonwealth and replace it with Verizon and have a deal in short order. They have proven that the process works for them. ✓ The Official Record Of The DTE's Cable Division Shows That Municipalities Have Negotiated In Good Faith And Have Not Caused Anv Delavs. On August 16, 2006 the Cable Division held a public hearing on Verizon's proposal to shorten municipal time frames. Verizon did not provide any evidence of municipal delays or abuse of the current cable franchising process in Massachusetts. Indeed, according to testimony by local officials at that hearing, any lengthy negotiations were due to Verizon, not municipalities. ✓ Massachusetts Municipalities Unanimouslv Oppose A Change In The Law. Every municipality in the Commonwealth is in favor of competition. However, cities and towns are opposed to changes that would remove local control and destroy a system that protects their constituents. An initial cable television license can last up to 15 years and a renewal up to 10 years. The grant of such a license has significant public interest and infrastructure implications and should not be subject to an arbitrary time frame. ✓ Verizon Just Got A Huge Special Break at the Federal Level In 1996, the federal government changed the rules to allow Verizon and others to enter the cable TV market. Verizon has had the ability to be in the cable TV business for years, but chose not to until now. In December 2006, the FCC adopted rules that make it extremely easy for Verizon to continue their entry into the video/cable television marketplace, a federal action that makes any special state legislative relief in Massachusetts completely unnecessary and superfluous. ✓ Verizon's Proposals to Change Current Cable Franchising Laws Benefit Only Verizon and are Unnecessarv and Unsupportable on Leaal, Factual and Policv Grounds. 1 J Verizon on Local Cable Franchisine - It's Workine For Them "After receiving waivers from selectmen to speed up the approval of a cable television license, Verizon has decided not to go forward with negotiations yet...Verizon spokeswoman Carol Baribeau said the company has not canceled plans to expand to Northborough, merely delayed the process." Metrowest Daily News February 17, 2007 "As for last year's franchise effort, which collapsed over net neutrality, Hill activity raised the issue's profile, spurring FCC action and encouraging states to enact franchise laws, Tauke said. Those activities broke the logjam, and Verizon is content with the status quo, he said." Tom Tauke, Verizon Executive Vice President of Government Affairs, as quoted in Communications Daily on February 13, 2007 "We haven't been turned down anywhere we've gone." Ivan Seidenberg, CEO, Verizon, Business Week Online, September 28, 2005 "Franchising is not an issue for us." Doreen Toben, Executive VP and COO, Verizon Communications, Inc. Investor and Analyst Briefing, September 27, 2006 "Franchising is not holding us back" Virginia Ruesterholz, President, Verizon Telecom Investor and Analyst Briefing, September 27, 2006 "...I would be remiss in not recognizing the important and critical role the state and local municipalities play in this area ...it is critical that local officials have the right to manage right of ways, that public access channels are maintained, and that the local franchising fees which are necessary to support important governmental work are also maintained." Deb Lathen, Verizon consultant Massachusetts Department of Telecommunications and Energy Hearing, August 16, 2006 "We're fully committed to follow the letter of the law." Rick Colon, Verizon, Director of Community Affairs at Braintree, Massachusetts Board of Selectmen meeting September 25, 2006 02/21/2061 14:29 FAX 6173761345 QUINCY CITY COUNCIL INTRODUCED 3y COUNCIL, PRESMENT DOUGLAS S. CTUTRO IN COUNCIL February 200 2007 C7RDc`~ NO. ORDER N Resolution Urging the Massachusetts Legislature to Reject Efforts by Telecommunications Companies to Eliminate Municipal Control of'Cable Franchising Authority Whereas, Veriaon Communications has built facilities through which competitive cable television services can be offered in over 38 Massachusetts communities, yet it is not clear whether or when any other municipality in which Verizon *also operates will enjoy the benefits of competition to the'same extent as these cowwunities; and W EP-EAS, The Commonwealth) provides a primary role for local governments -to negotiate the terms and conditions under which a wireline cable television company may provide cable television service to its residents pursuant to a municipal consent ordinance, and this requirement of law is consistent with the long,-standing principle'of ascertaining and addressing community cable-related needs at the local level; and WHBREA.S, The Common.'wealth'S wireline cable television companies constructed and now operate cable television systems under municipal consents that address-the specific needs of local communities with specific agreed upon terms; and WFMRBA.S, federal law explicitly prohibits cable companies and municipalities from entering into exclusive franchises. Yet, notwithstanding non exclusivity, construction of competitive wirleine cable television systems in Massachusetts bas not occurred to the extent desired due to economic factors beyond the control of local government; and WEMBAS, competition in the provision of cable television service is desirable and :has the potential for producing consumer beue&s through increased choice and City of Quincy supports competition; and WAEUAS, in order to ensure nondiscriminatory and equal access to competitive services consistent with federal and state law, the City of Quincy has an obligation tb' enswre that its residents are amdng those to whom, Verizon's competition services VVIIII be made available by a date certain; and W13EREAS, Vedzon Communications is seel ins'state legislation that would exempt it ft xw the' municipal consent process to which all cable television companies now operste and, if such legislation were enacted, would be permitted to offer competitive cable services under a state-issued franchise that would bypass mumulpal authorization and approval; And W.l:3EREA5, the process for award of such a state-issued franchise will have the effect of eliminating any meaningful opportunity for the City of Quincy to address the specific cable-related needs that otherwise might be fulfilled by Verizon Communications and 0 001 YEAS Coughhu DavisFinn,fzutro,TCewnau Keny',.mcFariand MoNarn.e- avmnn z 02/21/2007 14:29 FAX 6173761345 QUINCY CITY COUNCIL [7.1002 INTRODUCE:-, 5Y COUNCIL PRESIDENT DOUGLAS S. (3 T o CITY O. QUJNC:y IN COUNCM ORDER eat the City of Quincy the ability to ensure competition is ot'I'sred or) equal terms; arr ORDERED: W REAS, :municipalities and their resideuts'have a significant and specific interest in the terms and conditions attendant to the award of a cable television ftanrhise. NOW, TMREFORE, BE IT RESOLVED BV the City Council of the City of Quincy, that it doss bereby urge the }.Massachusetts Legislature, in the strongest possible manner, to oppose any effort to eliminme the municipal consent process for' competitive providers of cable television service until, at a rniniumuna, a thorough evaluation is completed of the current system and the effect of any proposed changes on local governments, residents, competitors and "incumbents is analyzed. ' BE IT F URTOER RESOLVED that the Massachusetts Legislature request from the Department of Telecommunication and Energy a report on the stratus of Verizoo Communications' conindtments, operations and intent to utilize municipal rights of way for the purpose of providing cable television service and exempts it train the requirements that provide or intexid to provide cable television service. AND, BE IT FMT ER RESOLVED that a copy of this resolution shall be certified and forwarded to Governor Patrick, Lt_ Governor Muzrnay, Senate President Travaglini, House Speaker DiMasi and Attorney General Coakley, members of the Telecommunications Committee and the New England Cable Telecommunications Association for their records. YEAS CO-aghlinDavisFkmC-rutxo,Ket-,nm4KellyN-frFarlan<LMCNamee,Ra~ondi t 1 0u9b1w_Davis;Fiz ,GU1D._K-CnanK-fl,."uICF~Iaa Tame-- aon9 \ e4y 14 W"440% H"Vsd.~uua ROA4-z~ Whereas Verizon Communications has built facilities through which competitive cable television services can be offered in over 40 Massachusetts communities, yet it is not clear whether or when any other municipality in which Verizon also operated will enjoy the benefits of competition to the same extent as these communities, and Whereas The Commonwealth provides a primary role for local governments to negotiate the terms and conditions under which a wireline cable television company may provide cable television to its residents pursuant to a municipal consent ordinance, and this requirement of laws is consistent with long-standing principle of ascertaining and addressing community cable-related needs at the local level, and Whereas... The Commonwealth's wireline cable television companies constructed and now operate cable television systems under municipal consents that address the specific needs of local communities with specific agreed upon terms, and Whereas Federal law explicitly prohibits cable companies and municipalities from entering into exclusive franchises. Yet, notwithstanding non -exclusivity, construction of competitive wireline cable television systems in Massachusetts has not occurred to the extent desired due factors beyond the control of local government, and Whereas Competition in the provision of cable television service is desirable and has the potential for producing consumer benefits through increased choice and the Waltham City Council supports competition, and Whereas In order to ensure nondiscriminatory and equal access to competitive services consistent with federal an state law, the City of Waltham has an obligation to ensure that its residents are among those to whom Verizon's competition services will be made available by a date certain, and Whereas Verizon Communications is seeking state legislation that would exempt it from municipal consent process to which all cables television companies now operate and, if such legislation were enacted, would be permitted to offer competitive cable services under a state-issued franchise that would be bypass municipal authorization and approval, and Whereas The process for an award of such a state-issued franchise will have the effect of eliminating any meaningful opportunity for the City of Waltham to address the specific cable-related needs that otherwise might be fulfilled by Verizon Communications and prevent the City of Waltham the ability to ensure competition is offered on equal terms, and Whereas Municipalities and their residents have a significant and specific interest in the terms and conditions attendant to the award of a cable television franchise, now therefore Be It Resolved... That the Waltham City Council does hereby urge the Massachusetts Legislature, in the strongest possible manner, to oppose any effort to eliminate the municipal consent process for competitive providers of cable television service, until, at a minimum, a thorough evaluation is completed of the current system, and the effect of any proposed changes on local governments residents, competitors and incumbents is analyzed, now therefore Be It Further Resolved ..That the Massachusetts Legislature request from the Department of Telecommunications and Energy a report on the status of Verizon Communication's commitments, operations and intent to utilize municipal rights of way for the purpose of providing cable television service and exempts it from the requirements that provide or intend to provide cable television services, now therefore Be It Further Resolved ..That a copy of this resolution shall be forwarded to Governor Patrick, Lt, Governor Murray, Senate President Travaglini, House Speaker DiMasi and Attorney General Martha Coakley, members of the Telecommunications Committee and the Waltham delegation. Respectfully submitted. _/s/ Paul J. Brasco, City Council Vice President Councillor At Large And all other Councillors : Sarafina "Sally" Collura Councillor At Large Patrick J. O'Brien Councillor At Large Thomas M. Stanley, Councillor At Large Edmund P. Tarallo Councillor Ward Two Gary J. Marchese Councillor Ward Five Joseph M. Giordano Councillor Ward Seven Robert G. Logan Councillor Ward Nine Attest : /s/ Rosario C. Malone, CMC City. Clerk /s/ Thomas J. Curtin, Council President Councillor Ward Four David H. Marcou, Jr Councillor At Large Kathleen B. McMenimen Councillor At Large Robert S. Kelly Councillor Ward One George A. Darcy, ffi Councillor Ward Three Kenneth B. Doucette Councillor Ward Six Stephen F. Rourke Councillor Ward Eight Adopted: February 26, 2007 c~ cf L (G S THE COMMONWEALTH OF MASSACHUSETTS " WATER RESOURCES COMMISSION 100 CAMBRIDGE STREET, BOSTON MA 02114 NOTICE OF PUBLIC HEARING Relating to the Interbasin Transfer application by the Town of Reading, requesting an increase in the amount of interbasin transfer from the MWRA Waterworks System The Massachusetts Water Resources Commission hereby gives notice pursuant to MGL c. 21 8B-8D, and 313 CMR 4.00, Interbasin Transfer Act and Regulations, that it will conduct public hearings in West Boylston, for the donor basin and in Reading, for the receiving basin, to receive public comment on the proposed permanent interbasin transfer. Reading is applying to become a full member of the Massachusetts Water Resources Authority (MWRA) Waterworks. System and is proposing to increase the Town's approved Interbasin Transfer volume so that it is fully supplied by the MWRA. The Town of Reading has land area in the Ipswich River basin, the Mystic River subbasin of the Boston Harbor basin and the North Coastal basin. The MWRA Waterworks System's sources are located in the Chicopee River basin and the Nashua River basin. The Water Resources Commission is required to consider the impact of the transfer on such issues as fisheries; recreation and the aquatic ecosystem of the donor basin. To this end, the Commission has scheduled two (2) public hearings to receive comments on this proposed interbasin transfer of water: 1. Monday afternoon, April 23rd, at 3:00 PM in the Selectmen's Meeting Room, Town Hall, 16 Lowell Street (Route 129), Reading MA 01867 (the receiving area). 2. Thursday afternoon, April 26t1i at 4:00 PM in the Cafeteria of the Department of Conservation and Recreation Administration Building, 180 Beaman Street, in West Boylston, MA 01583, in the donor basin. Copies of the application are.available for review at the Reading Public Library and by contacting: Michele Drury Office of Water Resources Department of Conservation and Recreation 251 Causeway Street, Boston, MA 02114 Telephone: 617-626-1366; fax 617-626-1455; email: michele.drurvna,state.ma.us Persons desiring to present testimony at the hearings on Readina'.s application are encouraged to provide a written summary at or before the hearings. Written testimony, addressed to the Water Resources . Commission, Attention: Michele Drury, will be accepted until 5:00 PM, April 30, 2007. It is expected that a staff recommendation to approve or deny the application will be presented to the Water Resources Commission at its May 10t1i, 2007 meeting. Copies of the staff recommendation will be available at the meeting, or by calling Michele Drury. Following the May Ioth meeting, the Commission has scheduled another public hearina to receive comments on the staff recommendation, to be held on Thursday, May 24t1i, 2007 at 3:00 PM in the Selectmen's Meeting Room, Town Hall, 16 Lowell Street (Route 129), Reading MA 01867. Written comments on the staff recommendation, addressed to the Water Resources Commission, Attention: Michele Drury, will be accepted until 5 PM, May 3151, 2007. l J Page 1 of 1 44 ~ a s Schena, Paula From: Hechenbleikner, Peter Sent: Wednesday, March 14, 2007 4:24 PM To: 'andreagarb@comcast.net' Cc: 'victor.li@vsea.com'; Reading - Selectmen; Cormier, Jim; McIntire, Ted; Schena, Paula Subject: RE: Andrea et al. I have an update on the status of stop signs and on the crossing guard: There is still, in spite of the 70 degree weather - frost in the ground. As soon as DPW is able, they will install the stop signs - hopefully with warm weather here, it will be within a week or 2. With respect tote h crossing guard, we did get one crossing guard to come back "seasonally" this week. The Chief has determined that Lowell Street at Cape Cod, which is the other location where we had to eliminate a crossing guard this winter, was the priority location because of traffic volumes and speed. Pete Paula - L/C Board of Selectmen From: andreagarb@comcast.net [mailto:andreagarb@comcast.net] Sent: Monday, March 12, 2007 12:56 PM To: Town Manager Subject: Peter- Could you please respond to my request for an update on the stop signs and the additional crossing guard? Thank you- Andrea Garbarino i 3/14/2007 Page 1 of 1 Schena, Paula From: Hechenbleikner, Peter Sent: Wednesday, March 07, 2007 2:48 PM To: Reading - Selectmen Cc: Schena, Paula Subject: FW: Downtown Project I also heard from Pat Natale today. Pete Paula I/c From: VanMagness, Frederick (HOU) [mailto:Frederick.Vanmagness@state.ma.us] Sent: Wednesday, March 07, 2007 2:35 PM To: Hechenbleikner, Peter Subject: Downtown Project Dear Peter - /_/C 18 D Rep. Jones is in receipt of your e-mail from Tuesday regarding the downtown Route 28 project. We are not happy about the news of a delayed bid opening. We have already been in contact with MassHighway about this issue earlier today, and we have additional correspondence which we plan to deliver later this afternoon. So far it appears to be a funding issue. I will make sure you are copied on whatever we send out. We'll let you know as soon as we hear any news. Please let me know if you have any questions for us or if MassHighway is in contact with you. Fred FREDERICK VAN MAGNESS, JR., Chief of Staff & Senior Legal Counsel Office of the Massachusetts House Minority Leader State Representative Bradley H. Jones, Jr. The State House, Room 124 Boston, MA 02133 (617) 722-2100 (617) 722-2390 fax 1 3/12/2007 Page 1 of 2 Hechenbleikner, Peter From: Hechenbleikner, Peter Sent: Friday, March 09, 2007 5:01 PM To: 'Rush-Lloyd, Helen' Subject: Reading issues Helen 6 It C' CUB Thanks for your insights and assistance on Reading's issues this morning. Here is a little background on each issue, in priority order. Assistance with Demolition of our former Water Treatment Plant Reading's well fields are mostly in the Ipswich River basin. One of the wells is literally on the bank of the Ipswich. The Ipswich River has been determined to be one of the 25 most distressed rivers in the United States. . In June 2006 Reading Town Meeting voted to abandon our local water supply except for emergency use, and to purchase all of our water from the MWRA. We are near the completion of the approval process to accomplish that goal Since the decision was made and we have begun to authorize the considerable debt and capital purchases to implement this decision, Reading's water rates have grown considerably. They were already among the 5 highest . in the MWRA system, and have gone up 35% this year (2 increments of 17% each), and are projected to go up an additional 12% each year for the next 2 years. One of the expenses of this decision, which will cost the town over $10 million, is the cost of demolition of the old Water Treatment Plant. The initial plant was built in the 192-'s and has been added to and modified a number of times since. This plant lies within 500 feel of the river. The Town plans on making this site and adjacent land into an active recreation area including ball fields, and planning is now underway to restore much of the riverfront to active and passive recreation uses. Our question is whether, given the broad public benefit to the Ipswich River basin, the Commonwealth, and even the nation, is there any assistance available from the federal government in demolishing the plant (under the brownfields programs - it is an industrial site) and/or development of active recreation uses of the former site. If not, then the water ratepayers of Reading will be spending a great deal of money which of course benefits Reading, but which hugely benefits the rest of the river basin and the Commonwealth as a whole. Downtown Parking Reading's downtown, like many, suffers from a lack of off-street parking. Reading is working diligently on improving its downtown as a "smart growth" initiative. We have changed zoning to allow residential uses in upper floors of downtown buildings. We have filed for a grant which will allow us to qualify for 40R and 40S designation in downtown. We have done studies that determine that we have a shortfall of 280 employee parking spaces, and 120 customer spaces. We have modified our parking regulations to encourage customers to come to Reading and to stay and shop at multiple locations. We are working with the state on a major re-build of Main Street and ancillary streets to improve the circulation and amenities in downtown. Is there any assistance to help us design and build a parking structure on an existing downtown parking lot owne( by Reading. Arts Center 3/9/2007 or Page 2 of 2 As part of our focus on downtown Reading, and in recognition of a large and vibrant arts community that serves Reading and the region, we have been looking for a home for the arts. The Christian Science Church, next to Town Hall, has recently become available, and would make a great start to an arts center. The building is on the National Register of Historic properties, and is well worth saving. The site is adjacent to Town Hall and Downtown. It is a treasure, and acquisition and preservation of this building for such an important purpose in the community would be a win for everyone. Thanks for your assistance Helen. Peter 1. Hechenbleikner Town Manager Reading 781-942-9043 L 3/9/2007 Page 1 of 2 Hechenbleikner, Peter From: rnrchambercom@aol.com Sent: Monday, March 19, 2007 10:42 AM To: RNRchambercom@aol.com Subject: RE: Town Meeting - Article 25 Dear Chamber Member, As you may be well aware of by now, Article 25 has been placed on the Reading town warrant for the upcoming Town Meeting. If this article or any variation of it is passed, the repercussions to commerce in Reading could be devastating. As President of the Reading-North Reading Chamber of Commerce, I am asking all members of the Reading business community to voice their opposition to Article 25 and any variation of it that may be presented for vote at Town Meeting. I am also asking the same of all members of the North Reading business community to demonstrate that members of both towns support each other. A CPDC workshop will be held on March 26th at 7:30pm and the formal hearing will be held on April 9th at 7:30pm both at the Reading Senior Center.. Please make every effort you can to attend these meetings, especially the formal hearing, to voice your opposition to the proposal. For the benefit of members unaware of the details of Article 25, Brad Latham of Latham, Latham & Lamond, P.C. sent out a message that states: "Under the proposed change, a business must have required parking on site. For a store or office, the requirement is one parking space for each 300 square feet of gross business area. A business can only avoid half of this new on-site parking requirement by paying $20,000 to the Town for each parking space that it does not have on site. While proponents may argue that current businesses are exempted, changes to property are not exempt. This will have a chilling effect on new development and will certainly not help the vitality of the downtown business community. This change will make well over 90% of the Businesses in the downtown nonconforming. This change could prevent or render uneconomic any efforts to alter or expand a business." Imagine the devastating effect on business profits and commercial property values if this article or any variation of it should be passed. There would be almost no reason for a new business to house its operations in Reading nor would it give reason to any existing business to have any economic or physical growth. The business community needs to present a united front and let our voices be heard. Parking is a major issue in any town. The Reading business community recently saw success at the last Reading Town Meeting when the parcel of land on Sanborn Street was rezoned to be included in the business district. That action will allow the Reading Cooperative Bank to construct a parking lot for its employees and make a contribution to alleviate the parking dilemma for the Reading down town area at its own expense. I urge all members of both the Reading and North Reading business communities to contact the Reading CPDC, Board of Selectmen, and Town Meeting members to voice their opposition to this proposal. The Board of Directors of the Reading-North Reading Chamber of Commerce values the opinions of our 3/20/2007 Page 2 of 2 members. Please forward your opinions on this matter to the Chamber's office so we can understand how our members feel about the issue. townmanaaera,ci.readinp-.ma.us; selectmen~a_7ci.readinia.ma.us; reading_ chronicleCa_..comcast.net; readinga.cnc.com rnrchambercom a.aol.com CPDC schlotheci.readina.ma.us Change is necessary and inevitable but not at the expense of our members of the business community. Thank you, Michael Giacalone, CPA President, Reading-North Reading Chamber of Commerce AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com. y 3/20/2007 Page 1 of 3 gD s- Hechenbleikner, Peter From: RNRchambercom@aol.com Sent: Monday, March 19, 2007 8:59 PM To: RNRchambercom@aol.com Subject: RE: Article 25 - Important message from Atty Brad Latham This is from Brad Latham, To help interested Chamber members, business persons and building owners grasp the significance of the proposed parking by-law change, you might forward the below information to them: When a downtown property is rendered nonconforming by virtue of the proposed parking requirement change, the below stated zoning section [6.3.13.] applies. Basically, the change has the following impact: 1. Existing on-site spaces cannot be lessened on the downtown lots.2. If the use of a building changes, additional spaces required by zoning for the new use must be added to equal any increase in parking resulting from the change in use. 3. No net increase in building area is allowed unless all on-site parking requirements are then met. A variance would be required to do otherwise. Variances are sparingly granted and relief could well be denied. See section 6.3.13.b below. The proposed rezoning will act to inhibit the evolution of uses in the downtown, contrary to the dictates of market conditions. Landlords will not want to accept a change from restaurant to office if they know they are reducing their "parking basis" for the building, or from office to restaurant if they know they will need to provide parking or pay significant money iust to chance the use of existina space. For example, Venetian Moon's vibrant renovation of former basement storage space to restaurant use, would require additional parking not only for the new space, but also compliance of the entire building with all on-site parking requirements. An impossible task. This could be particularly onerous where an existing building has multiple uses (retail, office, consumer services). Our downtown has a difficult enough time obtaining the type and variety of tenants it wants. Brad Latham and Josh Latham 6.3.13. Nonconforming Off-Street Parking and Loading: Any off-street parking spaces or loading bays in existence on the effective date of this by-law or thereafter established, which serve a buildinq or use. may not be reduced in number or changed in location or design contrary to the By-Law requirements so as to increase the degree of nonconformity with said requirements. If the use of an existina structure or lot. which does not have sufficient oarkina or loadina. including a use which has no off-street Darkina or loadina area. is chanaed to a different tvoe of use for which a different number of parkina spaces or loadina baits is reauired as set forth in this By-Law. and there is no increase in the net floor area. the followina rules shall anDly: a. If there is a net increase in the number of required Darkina spaces or loadina bays. that net increase shall be provided, which number shall not include anv existina Darkina spaces or loadina bavs. or. b. If there is a net decrease in the number of required Darkina spaces or loadings. that lesser number shall be the new basis for determinina whether. in the future. there is a net increase in the number of parking spaces or loading bavs required. If it is proposed to increase the net floor area of a building. whether by addition to the exterior of the building or by internal reconstruction. and the building does not have sufficient_off-street oarkina or loadina area. full compliance with the applicable parking reauirements for the entire building shall be a condition of the issuance of a buildina permit for the construction of the increase of net floor area. 6.3.14. Parkina and Loadina Reauirements for a Buildina Destroved. Damaaed or Demolished: If a building for which sufficient off-street oarkina or loadina is not Drovided is destroved. damaaed or demolished by the owner. the Buildina may be reconstructed or replaced if otherwise permitted by this By-Law. within two (2) vears from the date of such damaae or destruction. without Drovidina additional parkina spaces or loadina bavs. provided the new use is the same type of use as the use before the destruction, damage or demolition. and at least the same number of spaces or bavs shall be Drovided. Carol Hughes, Executive Director Reading-North Reading Chamber of Commerce 3/20/2007 Page 1 pf 2 L( C~us Hechenbleikner, Peter From: Hechenbleikner, Peter Sent: Tuesday, March 20, 2007 3:35 PM To: 'Susan O'Leary' Subject: FW: Attachments: Old Farm crossing guard 2007.doc Jack Thanks for your response. I'm hopeful that we get, past this "blip" of winter and get some warm weather to thaw the ground so we can get those stop signs up. Please see the attached from Chief Cormier. I believe he explains his actions with respect to the crossing guard. Please believe me when I say that we respect you, your wife, and your neighborhood, as we respect all of this community. We are trying to do the best we can for everyone,. and I believe that Chief Cormier is also doing that. We may have disagreements, but I'm sorry you feel that we don't respect you or any portion of the community. Pete From: Susan O'Leary [mailto:slooleary@comcast.net] Sent: Thursday, March 15, 2007 3:55 PM To: Hechenbleikner, Peter Cc: Reading - Selectmen; Cormier, Jim Subject: Re: Peter Thank you for replying to my wife. I understand, based on the frost in the ground as mentioned in your e-mail that the stop signs will be installed in due time. The two week time frame you gave sounds reasonable. However, I do not accept, nor do I understand Chief Cormier's reasoning with respect to the cross guard situation. Originally, we were told the cross guard was eliminated due to the volume of children crossing, speed and traffic and now the priority is based solely on traffic volumes and speed. We as a neighborhood deserve more respect. Jack O'Leary Original Message From: Hechenbleikner. Peter To: Susan O'Leary Sent: Wednesday, March 14, 2007 4:21 PM Subject: RE: Susan - Please see the reply I sent to Andrea today. From: Hechenbleikner, Peter Sent: Wednesday, March 14, 2007 4:24 PM To: 'andreaaarb(dcomcast.net' Cc: 'victor.li(a vsea.com'; Reading - Selectmen; Cormier, Jim; McIntire, Ted; Schena, Paula Subject: RE: Andrea et al. I have an update on the status of stop signs and on the crossing guard: 3/20/2007 Page 2 of 2 There is still, in spite of the 70 degree weather - frost in the ground. As soon as DPW is able, they will install the stop signs - hopefully with warm weather here, it will be within a week or 2. With respect tote h crossing guard, we did get one crossing guard to come back "seasonally" this week. The Chief has determined that Lowell Street at Cape Cod, which is the other location where we had to eliminate a crossing guard this winter, was the priority location because of traffic volumes and speed. Pete Paula - L/C Board of Selectmen From: andreagarb@comcast.net [mailto:andreagarb@comcast.net] Sent: Monday, March 12, 2007 12:56 PM To: Town Manager Subject: Peter- Could you please respond to my request for an update on the stop signs and the additional crossing guard? Thank you- Andrea Garbarino V 3/20/2007 READING POLICE DEPARTZVIENT OFFICE OF THE CHIEF yzJ9~IHC0RQe~ . 16 Union Street, Reading, .Massachusetts 01867 Jame W. CurMier Emergency Only: 911 All Other Calls: 781-944-1212 Pax: 781-944-2893 C&'f of Polire F Mail: JCormier@ci.reading.ma.us March 19, 2007 Peter I. Hechenbleikner, Town Manger 16 Lowell St. Reading, MA 01867 Peter: I am writing regarding the e-mail exchange inquiring about the crossing guard situation at Old Farm Rd. and Walnut Sts. I think it would be helpful to re-cap the sequence'of events that have brought us to the position we are at currently. In early December we were made aware that the crossing guard at Franklin and Sunset Rock would not be able to work through the winter. As a result, I made the decision to move the crossing guard from Old Farm and Walnut to Sunset Rock and Franklin. After the crossing guard at Old Farm and Walnut was moved, we had two other crossing guards who, due to medical issues, were unable to continue working, and one who resigned. These events brought our staffing level down four personnel total. We have hired two new crossing guards and had one return to work. This leaves us short one staff position. I had informed the Board of Selectmen at their February 27, 2007 meeting that I had just learned that Crossing Guard Richard Stosez had contacted us about returning to his post at Franklin St. and Sunset Rock. I was not prepared at that time to make a determination as to the assignments that would follow Mr. Stosez return to work. Mr. Stosez returned to work last week. I have determined that the intersection of Lowell St. and Cape Cod Ave. would be the . first to be staffed. These decisions are based on many factors including, but not limited to, the amount of traffic (pedestrian and vehicular), gaps in traffic and traffic controls present. Lowell Street is an extremely busy street both in the morning and afternoon; also, there are no other options to cross Lowell St. in the immediate area except for where the crossing guard is located. Children from the South side of Lowell St in that area must cross Lowell St. to get to the Birch Meadow School. This is a result of the redistricting that went into effect recently. J J These decisions are very difficult, I think it is important to remember that the issue is not enough staff, if I could find people to fill the positions; my priority would be posts that were previously in place. We have many more requests for crossing guards than we are able to provide. I hope this information is helpful in understanding the process. Respectfully: Chief James W. Cormier Chief of Police