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Home My WebLink About2007-01-23 Board of Selectmen Handoutate- 11,2-YZI-7 MEMO To: Board of Selectmen From: Peter I. Hechenbleikner Date: Tuesday, January 23, 2007 Re: Hours of Retail Sales Section 5.10 of the Reading General Bylaws was initially approved on April 14, 1988, and was amended in 2000 regarding movie theaters (relative to development of the landfill). Prior to 1988, the Board of Selectmen had a policy on retail operations, but Town Counsel at the time felt that the regulations were more appropriate as a bylaw. The policy and then the bylaw was put in place because there were some operators, specifically the Crestview Exxon and the donut shop that preceded the Dunkin Donuts at Main and Washington, were opening early in the morning and we were getting neighbor complaints. Chief Cormier tells me that since the bylaw was approved it has been a practice for some of the operators (donut shops, bagel shops) to begin food, preparation earlier than 6 am. They would leave the lights off but the front door unlocked, and some customers would come in before 6 am to get coffee and bagels/donuts. That practice apparently grew and then became more institutionalized as early openings. He also tells me that we are still getting complaints about early openings (until recent enforcement which resulted in all operators complying with the 6 am start date). Certainly the community has changed since the bylaw was adopted in 1988, and it is appropriate to review it and to see whether changes are warranted. I would suggest that the Board of Selectmen may want to consider the following information when considering a change: • We have polled the communities of Wakefield, Stoneham, Woburn, Wilmington, and North Reading. None of them regulate hours of retail operation. Every one of the communities is of course different in its land use patterns. • Other areas of operations in Reading where hours of operation are regulated o Hours of construction - 7 am (set-up at 6:30) o No dumpster or trash collection between 11 PM and 6:30 am • Abutting properties that may be affected by changes in retail hours of operation - The GIS map shows locations of coffee/donut/bagel shops and gas stations; and detailed maps show abutting properties • Regulations should be easy to understand for customers and for enforcing agents • Regulations should be fair and evenhanded, treating all of a particular type of operation equally so that there is no unfair advantage of one location for a particular type of business over another • Should there be separate regulations for: o deliveries, o drive-through o use of outdoor speakers • The earliest MBTA train is 6:04 am on weekdays, and 7:51 on weekends • The CPDC in some of its decisions includes restrictions on hours of retail operations, including loading o Page 2 Page 1 of 1 Schena, Paula From. Trudi Murphy [I-MURPHY@wakefield.ma.us] Sent: Monday, January 22, 2007 3:08 PM To: Schena, Paula Subject: RE: Hours of Operation Hi Paula The Town of Wakefield has no Bylaw regulating retail hours of operation. Trudi -----Original Message----- From: Schena, Paula [mailto:pschena@ci.read ing.ma.us] Sent: Monday, January 22, 2007 11:31 AM To: Caira, Michael; gbalukonis@northreadingma.gov; Gustus, William; Trudi Murphy; tmclaughlin@cityofwoburn.com; rflorino@ci.stoneham.ma.us Cc: Trudi Murphy Subject: Hours of Operation The Town of Reading Board of Selectmen are discussing changing the Bylaw regulating retail hours of operation. Do you have regulations on retail hours of operation? Paula Schena Office Manager Reading Town Hall 16 Lowell Street Reading, MA 01867 781-942-9043 Fax 781-942-9071 1/22/2007 Page 1 of 1 Schena, Paula From: Greg Balukonis [GBalukonis@northreadingma.gov] Sent: Monday, January 22, 2007 2:20 PM To: Schena, Paula Subject: RE: Hours of Operation Greetings, North Reading does not have a bylaw that regulates retail hours of operation. Greg Balukonis Town Administrator Town of North Reading From: Schena, Paula [mailto:pschena@ci.reading. ma.us] Sent: Monday, January 22, 2007 11:31 AM To: Caira, Michael; gbalukonis@northreadingma.gov; Gustus, William; Butler, Tom; tmclaughlin@cityofwoburn.com; rflorino@ci.stoneham.ma.us Cc: Murphy, Trudy Subject: Hours of Operation The Town of Reading Board of Selectmen are discussing changing the Bylaw regulating retail hours of operation. Do you have regulations on retail hours of operation? Paula Schena Office Manager Reading Town Hall 16 Lowell Street Reading, MA 01867 781-942-9043 Fax 781-942-9071 1/22/2007 Page 1 of 1 Schena, Paula From: Town Manager [manager@town.wilmington.ma.us] Sent: Monday, January 22, 2007 12:03 PM To: Schena, Paula Subject: Re: Hours of Operation Paula, Wilmington does not have local by-laws regulating retail hours of operation. Mike Original Message From: Schena. Paula To: Caira. Michael ; abalukonisB-north read inoma.dov ; Gustus. William ; Butler. Tom ; tmclauahlin(o)citvofwobdrn.com ; rflorinoB_ci.stoneham.ma.us Cc: Murphy. Trudy Sent: Monday, January 22, 2007 11:30 AM Subject: Hours of Operation The Town of Reading Board of Selectmen are discussing changing the Bylaw regulating retail hours of operation. Do you have regulations on retail hours of operation? Paula Schena Office Manager Reading Town Hall 16 Lowell Street Reading; MA 01867 781-942-9043 Fax 781-942-9071 1/22/2007 Page 1 of 1 Schena, Paula From: Fiore, Jane Sent: Tuesday, January 23, 2007 3:20 PM To: Hechenbleikner, Peter Cc: Schena, Paula Subject: licensed coffee vendors Attachments: Coffee Selling Estab doc Peter, Attached is a list of coffee vendors totaling 30. 7 of these sites have the potential of selling coffee in the next calendar year. We also have 4 licensed Mobile food trucks that sell coffee on their particular route in town . Some of their first stops are before 6 am - mostly construction sites. Jane Jane M. Fiore, RKCHO Health Services Administrator Town of Reading 16 Lowell Street Reading, MA 01867 781-942-9061 f781-942-9071 1/23/2007 Aroma Caf6 Main Street Mobil 607 Main 178 Main Bagel World Main Street Sunoco* 323 Main 1337 Main Bear Rock Cafe McDonald's 26 Walkers Brook 413 Main Burger King P & S Convenient 357 Main 287 Lowell Christopher's Reading Car Care Center* 580 Main 467 Main Cumberland Exxon* Reading Mobil on the Run 85 Main 1330 Main Cumberland Farms Reading Petroleum* 295 Salem 431 Main Dunkin Donuts/Shell Reading Quick Stop 110 Main 519 Main Dunkin Donuts Reading Square Shell* 454 Main 749 Main Dunkin Donuts Reading Station Coffee Depot 273 Salem 32 Lincoln East Coast Gas* Shell Store 1452-62 Main 87 Walkers Brook Hot Spot 85 Haven Starbucks 288 Main JK's Market 212 Main Starbucks 24 Walkers Brook Last Conner 49 High Starbucks** (Stop & Shop) Little Chuck's Deli 245 Washington White Hen Pantry** ? Location *Currently Not Selling **Potential New Business January 23, 2007 Town of Reading 16 Lowell Street Reeding, MA 01867 Ian A. Bowles Secretary Executive Office of Environmental Affairs 100 Cambridge, 9th Floor Boston, Massachusetts 02114 RE: DEP Climate Protection Grants Secretary Bowles: Ben Tafbya, Chairman James E. Bonozoli, V. Chairman Stephen A. Goldy, Secretary Camille W. Anthony Richard W. Schubert BOARD OF SELECTMEN (781) 942-9043 FAX: (781) 942-9071 Website: www.ci.reading.ma.us Congratulations on your recent appointment to Secretary of the Executive Office of Environmental Affairs for the Commonwealth. You and the other Department Heads have a large challenge before you, and we are grateful for your taking on these tasks. On behalf of the Town of Reading and the other 23 communities in Massachusetts taking local action on climate protection, I highly encourage you to consider requesting sufficient funds to DEP's budget to support the current Climate Protection Grant Program. As you know, through Chapter 236 of the Acts of 2002, the Massachusetts legislature authorized $600,000 for this program. At the end of fiscal year 2006, the first round of grants totaling . $100,000 was awarded. Funding requests for this first round were more than three times the amount available. Clearly, there is a demonstrated need to support municipal efforts related to climate protection. The Massachusetts Climate Protection Plan clearly outlines the role that municipal governments play in assisting the Commonwealth in achieving the goals specified in this plan. The municipalities that are part of Local Governments for Sustainability (ICLEI) on its Cities for Climate ProtectionO Campaign have already made the necessary commitment to work towards a more sustainable and secure energy future for Massachusetts. Many of us have adopted these goals as a major part of our operating values, and are doing work as local governments and with our citizens to advance climate protection measures. We know that the Administration has embraced these goals through the Governor's decision to join in regional efforts among the states. A little financial assistance to these committed governments will go a long way in meeting the shared goals of the Commonwealth and its municipalities. There exists a great opportunity for our two levels of government to work together on this issue to share resources and expertise. To support these existing, efforts and new opportunities, I hope that you will seriously consider funding the fiscal year 2007 Climate Protection Grants for at least $200,000. Thank you for your time and consideration of this important matter. Sincerely, Ben Tafoya, Chairman Reading Board of Selectmen cc: Representatives Jones and Natale Senator Tesei