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Home My WebLink About2009-09-01 Board of Selectmen Packet - Part 2�V OFF? Eq�f�C Town of Reading 16 Lowell Street Reading, MA 01867 -2685 .� 9 9 ofs'9 ..tx oae °4 FAX: (781) 942 -9071 Email: townmanager &l.reading.ma.us Website: www. readingma.gov MEMORANDUM DATE: August 28, 2009 TO: Board of Selectmen FROM: Peter I. Hechenbleikner , RE: Agenda — September 1 2009 Meeting TOWN MANAGER (781) 942 -9043 1) Reports and Comments lb. Public Comment — Emory Morse has presented material which is in your packet. He intends to be at the meeting on September 1 st. I indicated to him that the limit under Public Comments is five minutes. 4) Discussion /Action Items 4a. MWRA Water Storage — In your packet are the notes from the meeting with our legislators and officials from the MWRA, sponsored by Representative Brad Jones. Representative Brad Jones, Representative James Dwyer and Senator Richard Tisei have been invited to the Board of Selectmen meeting on September 1st and also the MWRA officials. I believe we will have representation from our three legislators and the MWRA. 4b. Hearings — Personnel Policies — The revised Personnel Policies which includes bolds and highlights in your packet reflects the discussion the Board of Selectmen previously had in a workshop meeting on this matter. It also reflects the recommendations from Town Counsel and Labor Counsel. 4c. Hearing — Package Store License for Wine Nation 4d. Hearing Package Store License for Reading Discount Liquors We have two hearings scheduled for a Package Store Liquor License. The one application for Reading Discount Liquors was submitted prior to the application for Wine Nation but because of advertising deadlines and, scheduling, the hearings are scheduled in reverse order. Town Counsel may advise that we actually take them up in the order in which they were submitted. 4e. Hearing Parking Regulations on Ash Street between Main and Washington Streets — The proposed changes and regulations for Ash Street will implement the new construction. PL"L I,'(- Mr. Peter I. Hechenbleikner, Town Manager 1 Summit Drive Unit 62 16 Lowell Street Reading, MA. 01867 Reading, MA August 26, 2009 Dear Mr. Hechenbleikner; Would you please copy the attached deeds and property record cards, if you feel it is necessary, and add these pages to my letter, millage chart, and map of Bear Hill and distribute them to the Selectmen, in preparation for my addressing these issues at the September 1st meeting, as we discussed. The first page is a chart listing the residential and commercial millage rates of seventeen area cities and towns, many of which have outstanding educational systems. Reading's rate is significantly higher than many of the towns and is the highest of all the other towns. This very fact should raise concerns as you plan the 2010 budget. If you visit the busy new Market Basket, Stop and Shop, or Home Depot on a Friday evening or the weekend it is hard to realize we are in a recession almost as severe as the Great Depression. Continuing to downtown Reading with its widened main street, granite curbing, paver crosswalks, and newly developed parking spaces gives testimony to the huge spending of local and state tax dollars to revitalize the downtown business area. Yet in Reading the commercial millage rate is the same as the residential millage rate, please see attached chart. It is significant that only 6 of the 17 cities and towns have a commercial rate equal to or in the case of one, less than, the residential rate. I think the Selectmen need to consider increasing the commercial millage rate to help compensate the town for its investing state and local funds for their benefit. At the bottom of the chart page is a listing of the three condominium associations located in the Bear Hill area of Reading. The list includes the number of units in each association and the average assessed value for a unit in each complex. If you multiply the number of units times the average assessed value and that product times the millage rate you get the total tax dollars that Association contributes to the town of Reading each year. Conservatively, these three Associations contribute $1,274,500.00 each year which is almost 2% of the town's yearly budget. Yet the unit owners of these Associations have been denied a widening of Hopkins Street, a sidewalk on Hopkins Street from Cedar Street to the intersection of South Street, and a repaving of Hopkins and South Streets as agreed to by the developer of Gazebo Circle and the Town of Reading. This agreement was made as a condition for the right to develop Gazebo Circle. However, the Town of Reading released the developer from this condition in exchange for deeding to the town a lot of land, in this area. May I suggest the Board of Selectmen drive over South Street and see the condition of the road! I would ask the Board to review the attached map (page 1), property record cards, and master deed showing lots 81, 82, 85, and 104 on the new town map number 8 and their sale to the Town of Reading for $1.00 for the right to build the "Bear Hill Apartments" now known as Gazebo Circle Condominium Association. The second deed is the sale of 10.14 acres of land by the Town of Reading to Reading Bear Hill Limited Partnership, (Dolbin Company) for the sum of $1,323,200.00 to develop Gazebo Circle. Lots 58 and 60 were held by the town because it is the Town of Reading's water tower property. See pages 10 -18. The final deed is the sale of lot # 61 for $1.00 to the Town of Reading in exchange for Dolbin's obligation to do the related widening and installing a sidewalk on Hopkins Street and the repaving of Hopkins and South Streets. Please see pages 19 -22 of the attached sheets. This exchange of land for improving and paving is the premise of my addressing the Board of Selectmen. I appreciate any consideration you will give to my presentation. Thank you in advance. Sincerely, Emery T. Morse 7-7 - Vt'5-Jr°' q 1-/ ffemm LINCOLN WILMINGTON NORTH READING NEWTON READING CONCORD WALTHAM LYNNFIELD STONEHAM WINCHESTER LEXINGTON WESTON DOVER BROOKLINE WELLESLEY WOBURN NEEDHAM MILLAGE CHART RESIDENTAL $10.82 $10.60 $12.04 $9.96 $13.21 $11.90 $11.30 $11.22 $10.88 $11.27 $12.97 $11.02 $9.86 $10.69 $9.47 $9.69 $9.96 COMMERCIAL $14.21 $24.63 $12.04 $19.00 $13.21 $11.90 $25.31 $12.94 $18.12 $10.62 $24.62 $11.02 $9.86 $17.32 $9.47 $24.54 $19.56 TAX CONTRIBUTION OF THE THREE BEAR HILL CONDO ASSOC. PER YEAR ASSOCIATION NO. UNITS X AVERAGE VALUE X MILLAGE = TOTAL SUMMIT TOWERS 156 X 225,000 X $13.21/ 1,000 = $463,671.00 SUMMIT TERRACE 66 X $330,000 X $13.21/1,000 = $287,713.00 GABEZO CIRCLE 132 X $300,000 X $13.21/1,000 = $523,116.00 TOTAL 1,274,500.00 0 /// z �9oJ % t.• � �/! / • �• @'' , r G / . %� � .��►is000ls�ai� si��ir :lYe� . Bi•�� i �r�i7yrilts' 6aioiriive�bas .��er.Fi'�ssis.�rsi .�� ^ rj1 125 • - yeb': 7,000?i.'� 9,392 127 �•, 1 ' 3 Ot . 0 6001 it ` 124 .p J BROOK ,. ,DD.D "��`r ' WALKER 128 1 ,166 ' > ,982 S 3, 1226.003 :r 273• 110 /• �� o -..555 Acres Ai 131 ^ ; +, 4.343 Acres l`• 137 w, 112 1.05 Acres 138 113 38,712 0 20,000 : `s, . 111 „• ; 34.664 wy 20,547 ^ ^ r? yIrr w J sop (15 p3 ,.Gi'i� ° 136 132 i i'i 0,219, 11.03 11260 _ F o �ijil4Trli5 � STi:isr ,.. 0 25,550 •c::iiii %i�;u.1 , 0 10.457 135 rO "c>`I.'tW'•i�Irq,,.,. p ', ::a(.j L:: ,• yp.;y.a • i':L•:: p,;cF:: • .3q R A •..4:' OD' •� rri:d;3Lai °•::..:C ..,V(!v/ 10.375 134 ' .; 10,454 3 0 8 79 t 0 10.000 10,162 3 130 � y 12,573 oq o 10,006 t k. ffl i. r m 6.80 li l 7, 13,106 80 4iI�IYIiTs +S� 2 83 m jti >. 1.3392 Acres N 84 0 ` „;i' "' a °y. 30 i! %6 ° p 27,075 22,026 • 99 11111: p i R ' 10.0 •'� 74,626 '^ 98 iy Eiti'.E�5..It,y,h4 ..' ° w 121,826 94 7 ,r:; 200.0 12,814 i o lG' 97 ` z{ 300 'i m 6,000 3 t1M� + "y 10,580 �ps0 y 100.0I',�10 200.0 Y i�• , ,fib moofh"` ii q° Of I'I f I %71I 10,000 50 i OQ 30 00 qOtl 0 • 92 6 0 2000 85 oli ,27628 + / III Q' t0,OD �t 20,000 20,000 Y I Ii li 111 93 23 914 o f' I, 40.000 15 r� L 10,000 1000 (t� y w n�11�'il l I 10000' F 3 `tqat 1'0 1 w I � I� ,7 - ^I DO 00 ' !� 94 p,l . 72 7 -tl i .i'. i 1 e v I ,1.. 10,000 I., 7.916 ., i > b0.00 i i;,. ��' 1 ti 9861 5 I'W 3r 7993 6U 7 ; 11 ci b d rt '�M iii�l o 7968 pi't p ..T�45�7.-�uy!�..:. -• _' �1 W of �`wIyj� �_ 43 6i-; 56 o 57 59 y ,5, 4� 9.915•'R 9.9000 c 14,915' 0 25,000 c 1 1 !s It7.' S 100.0 t'; i5iiblti. 41 g•r o pr_ fit S 55 S 100.0 44 4; 25,000 - °tt 200.0 45 't_,° )0 :• 48 'i 0 10 00o 200.0 000 i:+ i 53 �;�i�• 47 ;u} 10,00 1,000 {:i 'ii; ?:::•::: .., ,y' "` %i; ";,, �F �Y fl00' `it;) 52 19 203.001:..... RA 20,000 � U PP`'? 90 BUDD . m'3,1i• o.,rt'`d l /!Q 0, c i{i;'1 �.'f,'i;�y.•Ar. 58 �.'. :I:. li' tii�t3: ..,!. I,:I•i•:..62 Acres '(111 0, E it 87;, w''... '•� 14 Acresit3�'7 e 0 4 0.0 `b1 60:1':: 4'1Q• ° li'� 8006 illlli� ft, r .� g8 ACI'e i1Fy ::••,. .I PRO r JII ;;, c I till I-or 9/ i,l�t y J 10.175 n s? ` �!'!i t i i`u �1 •Iii' #I IJ eJOB 62�• fi• T. (y ' I),� %il!�/� /3 : +...... :•:t,: , J`'' (i ;: ^ 11,847 It 3,972 8 �``il liii�o 1 ' : ° 1 ' \..l ity,•, fill r 1 71/ 71 7// 77/7.,33, P5 R, T, F777/7 7, J, Gig e� b� / ayb BK28861PG 134 r r .t0 , READING BEAR HILL LIMITED PARTNERSHIP, a limited partnership duly organized under the laws of the Commonwealth of Massachusetts, with a usual place of business at One Beacon Street, Boston, Massachusetts 02108 ( "Grantor "), for consideration paid and in full consideration of One Dollar ($1.00) grants to the TOWN OF READING, MASSACHUSETTS, a municipal corporation with a usual place of business at 16 Lowell Street, Reading, Massachusetts 01867 ( "Grantee "), with Quitclaim Covenants, three unimproved parcels of land situated off Summer Avenue in the Town of Reading, Middlesex County, Massachusetts (the "Premises "), bounded and described as follows: �- `-Y� Parcel One: Parcel One is comprised of Lots 80 and 82 shown on the Reading Assessors' Plat 13, being described in deeds recorded at the Middlesex County South District —,` Registry of Deeds in Book 11204, Page 365, Book 11204, Page 366, both as confirmed and modified by deed in Book 13921, Page 243, and deed in Book 12122, Page 207, and being the rear portions of Lot AIA and Lot A2B as shown s on a plan of land entitled: "Plan of Lots in READING Drawn for Donald H. and Nina A. Shulkey," dated April 22, 1966, by H. Kingman Abbott, Reg. Surveyor, recorded with said Deeds in Book 11204, Page 365, bounded and described as �. follows: a• SOUTHERLY: by North (Private) St., as shown on said plan, two hundred (200) feet; I u- �u WESTERLY: by Fifth (Private) St., as shown on said plan, two hundred (200) feet; h NORTHERLY: by land now or formerly of Clement and now or formerly of Melchionda, n two hundred (200) feet; r� EASTERLY: by Sixth (Private) St., as shown on said plan, two hundred (200) feet. 7 Containing 40,000 total square feet according to said plan, be said measurements more or less. e Parcel Two: Parcel Two is comprised of Lot 79 on said Assessors' Plat 13, being described in w �g� deed recorded with said Deeds in Book 12496, Page 327, and being the rear portion of Lot B shown on a plan of land entitled: "Plan of Land in Reading #- �5 Surveyed for Donald H. and Nina A. Shulkey," dated January 15, 1454 by H. Kingman Abbott, Reg. Surveyor, recorded with said Deeds in Book 8214, Page 398, bounded and described as follows: SOUTHERLY: by North (Private) St., two hundred (200) feet; WESTERLY: by Fourth (Private)St., two hundred (200) feet; I� � `BK28861PG135 NORTHERLY: by lot 78 as shown on said Assessors' Plat and being the remainder of said lot B, two hundred (200) feet; EASTERLY: by Fifth (Private) St., two hundred (200) feet. Parcel Three: That certain parcel of land situated off Sumner Avenue in the Town of Reading, Middlesex County, Massachusetts, shown as Lot 213-2 on a plan of land entitled: "Plan Of Land In Reading, Mass." dated October 28, 1980 by Dana F. Perkins ;emu, CN--� RO to'-t and Assoc., Inc., recorded with said Deeds as Plan Number 1423 of 1980 in Book 14134, Page END, containing 27,626 square feet of land, more or less according to said plan. Pale The Premises are conveyed together with all of Grantor's right, title and interest to those limited - portions of Fourth, Fifth, Sixth and North Streets abutting the within described parcels. However no interest is granted in or to any portions of Fourth, Fifth, Sixth and North Streets over other land now or formerly of the Grantor. This deed is given in satisfaction of condition DA of the November 30, 1994 decision of the Reading Community Planning and Development Commission granting Final PRD -M approval for Bear Hill Apartments located off of Hopkins Street, Reading, Massachusetts (the "Decision "). The Premises are conveyed subject to the condition that the Premises will be maintained in perpetuity by the Grantee, as open space. The Premises are also conveyed subject to the right of the Grantor to drain surface water onto the Premises as may result from the development plans as approved in the Decision and the temporary right during construction of Bear Hill Apartments to enter upon the Premises at Grantor's sole risk for the purpose of completion of such project. This conveyance is accepted by the Grantee on the terms contained in the grant. For Grantor's title see deed dated November 13, 1995 recorded at Middlesex South District Registry of Deeds at Book 25816, Page 167. J,,� , :. ... �: Idt::£:" a".. °�Ssi�,�3%:fi�i.�'�'Sid.�.;. ":• ri'<.��.''t'•�:T�:�^.?yYs'3:. .�L+�c..;c��";t7;. -.. .. .:�'. _. .".'�J. '1 ".:. :;�?,:•'. `BK28861PG13 IN WITNESS WHEREOF, the parties have caused their, d y authorized representatives to execute this instrument under seal on this _ day of 1998. Reading Bear Hill Limited Partnership By its General Partner, Dolben Bear Hill Corp.,.,' Deane H. Dolben, Treasurer TOWN OF READING By its Board of . �!ony gBruMacdonald, Sally M. H Georgq5pV. Hines ew est COMMONWEALTH OF SSACHUSETTS Middlesex, ss:� , 1998 Then personally appeared the above named Deane H. Dolben, as Treasurer of Dolben Bear Hill Corp., and acknowledged the foregoing instrument to be the free act and deed, of Dolben Bear Hill Corp., as General Partner of Reading Bear Hill Limited Partnership before m Notary Public: My Commission. Expires: lX 3KZBBG7PG.137 COMMONWEALTH OF MASSACHUSE�T"T�S`� Middlesex, ss: V Li c- , 1998 Then personally appeared the above named Camille W. Anthony, Bruce Macdonald, Sally M. Hoyt, George V. Hines and Matthew J. Nestor, being a majority of the board of Selectmen of the Town of Reading, Massachusetts and acknowledged the foregoing instrument to be their free act and deed, on behalf of said Town of Reading, Massachusetts r. Notary Public: My CommissigExpir/e i Jqt 5 'ARCEL ID: 246/013.0- 0000 - 0079.0 MAP 013.0 PARCEL INFORMATION Owner #1: TOWN OF READING Owner #2: CONSERVATION COMMISSION Address #1: 16 LOWELL STREET Address #2: READING MA 01867 Commercial Property Record Card #1 of 1 Parcel Year: 2009 BLOCK 0000 LOT 0079.0 PARCEL ADDRESS: NORTH ST COMMERCIAL SECTIONS /GROUPS Use -Code: 903 Sale Price: 100 Book: Tax Class: E Sale Date: 1/22/1998 Page: Tot Fin Area: 0 Sale Type: Cert/Doc: Tot Land Area: 0.92 Sale Valid: E Grantor: DOLBEN Inspect Date: Meas Date: Entrance: Collect ID: Inspect Reas: Section: Section: Section: Section: ID Use -Code ID Use -Code ID Use -Code ID Use -Code Category: Category: Category: Category: Grnd -Fl -Area: Grnd -Fl -Area: Grnd -Fl -Area: Grnd -Fl -Area: Story Height: Story Height: Story Height: Story Height: Bldg - Class: Bldg- Class: Bldg - Class: Bldg - Class: Yr- Built: Yr- Built: Yr- Built: Yr- Built: Eff -Yr- Built: Eff -Yr- Built: Eff -Yr- Built: Eff -Yr- Built: Cost Bldg: Cost Bldg: Cost Bldg: Cost Bldg: Id Cd B -FL -A Firs Unt I Id Cd B -FL -A Firs Unt I Id Cd B -FL -A Firs Unt ( Id Cd B FL -A Firs Unt SKETCH as of: 8/21/2, 28867 0134 Road Type: T Exempt -B /L %: / Rd Condition: P Resid -B /L %: / Traffic: M Comm -B /L %: / Water: Indust -B /L %: / Sewer: Open Sp -B /L %: / LAND INFORMATION NBHD CODE: 5 NBHD CLASS: 1 ZONE: S15 Seg Type Code Method Sq -Ft Acres Influ -1/2/3 Value Class 1 P 903 S 40075 0.92 75/50/ 81889 DETACHED STRUCTURE INFORMATION Str Unit Msr -1 Msr -2 E- YR -Blt Grade Cond %Good P /F /E/R Cost Class VALUATION INFORMATION Current Total: 81900 Bldg: 0 Land: 81900 MktLnd: 81900 Prior Tot: 86200 Bldg: 0 Land: 86200 MktLnd: 86200 .14 w MARCEL ID: 246/013.0- 0000 - 0080.0 MAP 013.0 PARCEL INFORMATION Owner #1: TOWN OF READING Owner #2: CONSERVATION COMMISSION Address #1: 16 LOWELL STREET Address#2: / .---- Entrance: READING MA 01867 Commercial Property Record Card #1 of 1 Parcel Year: 2009 BLOCK 0000 LOT 0080.0 PARCEL ADDRESS: OFF SUMMER AVE COMMERCIAL SECTIONS /GROUPS Use -Code: 903 Sale Price: 1 Book: 28867 Tax Class: E Sale Date: 7/22/1998 Page: 0134 Tot Fin Area: 0 Sale Type: Cert/Doc: Tot Land Area: 0.46 Sale Valid: E Grantor: READING BEAR HILL LI 6 as of: 8/21/2 Inspect Date: Road Type: T Exempt -B /L %: 1 Meas Date: Rd Condition: P Resid -B /L %: / .---- Entrance: Traffic: M Comm -B /L %: / Collect ID: Water: Indust -B /L %: / Inspect Reas: Sewer: Open Sp -B /L %: i Section: Section: Section: Section: ID Use -Code ID Use -Code ID Use -Code ID Use -Code Category: ' Category: Category: Category: Gmd -Fl -Area: Gmd -Fl -Area: Grnd -Fl -Area: Grnd -Fl -Area: Story Height: Story Height: Story Height: Story Height: Bldg-Class: Bldg- Class: Bldg - Class: Bldg- Class: Yr- Built: Yr- Built: Yr- Built: Yr- Built: Eff- Yr- Bullt: Eff -Yr- Built: Eff -Yr- Built: Eff -Yr- Built: Cost Bldg: Cost Bldg: Cost Bldg: Cost Bldg: Id Cd B -FL -A Firs Unt Id Cd B -FL -A Flrs UntI Id Cd B -FL -A Firs UntI Id Cd B -FL -A Flrs Unt SKETCH LAND INFORMATION NBHD CODE: 5 NBHD CLASS: 1 ZONE: S15 Seg Type Code Method Sq -Ft Acres Influ -1/2/3 Value Class 1 P 903 S 20037 0.46 75/50/ 73436 DETACHED STRUCTURE INFORMATION Str Unit Msr -1 Msr -2 E- YR -Blt Grade Cond %Good P /F /E/R Cost Class VALUATION INFORMATION Current Total: 73400 Bldg: 0 Land: 73400 MktLnd: 73400 Prior Tot: 77300 Bldg: 0 Land: 77300 MktLnd: 77300 PARCEL_ID: 246/013.0- 0000 - 0082.0 MAP 013.0 PARCEL INFORMATION Owner #1: TOWN OF READING Owner #2: CONSERVATION COMMISSION Address #1: 16 LOWELL STREET Address #2: ID Use -Code ID Use -Code READING MA 01867 Section: ID Use -Code Category: Grnd -Fl -Area: Story Height: Bldg- Class: Yr- Built: Eff-Yr- Built: Cost Bldg: Parcel iear:2UU9 BLOCK 0000 _ LOT 0082.0 Use -Code: 903 Tax Class: E Tot Fin Area: 0 Tot Land Area: 0.46 Inspect Date: Meas Date: Entrance: Collect ID: Inspect Reas: COMMERCIAL SECTIONS /GROUPS Section: Book: Section: Section: ID Use -Code Page: ID Use -Code ID Use -Code Category: Cert/Doc: Category: Category: Grnd -Fl -Area: Grnd -Fl -Area: Grnd -Fl -Area: Story Height: Story Height: Story Height: Bldg - Class: 1 Bldg- Class: Bldg - Class: Yr- Built: / Yr- Built: Yr- Built: Eff- Yr- Built: / Eff -Yr- Built: Eff -Yr- Built: Cost Bldg: 1 Cost Bldg: Cost Bldg: Id Cd B -FL -A Firs Unt I Id Cd B -FL -A Firs Unt I Id Cd B -FL -A Firs UntI Id Cd B -FL -A Firs Unt SKETCH PARCEL ADDRESS: OFF SUMMER AVE as of: 8121/2009 Sale Price: 1 Book: 28867 Sale Date: 7/22/1998 Page: 0134 Sale Type: Cert/Doc: Sale Valid: E Grantor: READING BEAR HILL LI Road Type: T Exempt -B /L %: 1 Rd Condition: P Resid -B /L %: / Traffic: M Comm- B /L %a: / Water: Indust -B /L %: 1 Sewer: Open Sp -B /L %: / LAND INFORMATION NBHD CODE: 5 NBHD CLASS: 1 ZONE: S15 Seg Type Code Method Sq -Ft Acres Influ -1/2/3 Value Class 1 P 903 S 20037 0.46 75/50/ 73436 DETACHED STRUCTURE INFORMATION Str Unit Msr -1 Msr -2 E- YR -BIt Grade Cond %Good P /F /E/R Cost Class VALUATION INFORMATION Current Total: 73400 Bldg: 0 Land: 73400 MktLnd: 73400 Prior Tot: 77300 Bldg: 0 Land: 77300 MktLnd: 77300 PHOTO All Q. C 4 Commercial Property Record Card #1 of 1 Parcel Year: 2009 PARCEL ID: 246/014.0- 0000 - 0018.0 MAP 014.0 BLOCK 0000 LOT 0018.0 PARCEL ADDRESS: SUMMER AVE as of: 8/17/200 PARCEL INFORMATION Use -Code: Tax Class: Tot Fin Area: 903 E 0 Sale Price: Sale Date: Sale Type: 100 12/31/1997 Book: .28867 Page: 0134 Cert/Doc: --' Tot Land Area: 0.63 Sale Valid: A Owner #1: TOWN OF READING Grantor: BEAR HILL LIM PART Owner #2: Address #1: Address #2: CONSERVATION COMMISSION 16 LOWELL ST. READING MA 02108 Inspect Date: Meas Date: Entrance: Collect ID: Road Type: Rd Condition: Traffic: Water: T D L Exempt -B /L %: / Resid -B /L %: Comm-B/L`/*: / Indust -B /L %: / Inspect Reas: Sewer: Open Sp -B /L %: COMMERCIAL SECTIONS /GROUPS NBHD CODE: LAND 4 INFORMATION NBHD CLASS: 1 ZONE: S15 Section: Section: Section: Section: Seg Type Code Method Sq -Ft Acres Influ -1/2/3 Value Class 1 P 903 S 27626 0.63 N 290107 ID Use -Code ID Use -Code ID Use -Code ID Use -Code Category: Category: Category: Category: Grnd -Fl -Area: Gmd -Fl -Area: Grnd -Fl -Area: Grnd -Fl -Area: Story Height: Story Height: Story Height: Story Height: Bldg - Class: Bldg- Class: Bldg - Class: Bldg - Class: Eff -Yrlt: Cost Built: Cost Bldg: Eff-Yr B Cost - Built: Cost Bldg: Eff -Yrlt: Cost Built: Cost Bldg: Yr-Built: Cost Built: Cost Bldg: Str Unit DETACHED STRUCTURE INFORMATION Msr -1 Msr -2 E- YR -Blt Grade Cond %Good P /F /E/R Cost Class Groups: Groups: Groups: Groups: Id Cd B -FL -A Firs Unt Id Cd B -FL -A Firs Unt Id Cd B -FL -A Firs Unt Id Cd B -FL -A Firs Unt VALUATION INFORMATION Current Total: Prior Tot: 290100 299100 Bldg: 0 Bldg: 0 Land:. 290100 MktLnd: 290100 Land: 299100 MktLnd: 299100 SKETCH PHOTO piVColo 51TUO A under t The Town of Reading, Massachusetts, a municipal corporation duly establishehe laws of the Commonwealth of Massachusetts, of 16 Lowell Street, Reading, Middlesex County, Massachusetts (the "Grantor ") for consideration unfired Dollars 1($1,323,200-00) the re a pt of Three Hundred Twenty -three Thousand Two H which is hereby acknowledged, grants to Reading N a Bear eHill ��1"Grantee") wi� QU QUITCLAIM Street, Suite 1650, Boston, Suffolk County, COVENANTS, the land situated off Hopkins Street, in Reading, Middlesex County, Massachusetts shown as Lot 1 on the plan Julitle 99"Plan b ORobert Land W. S� Reg saered Land Bear Hill Property, Scale 1 In. — 40 Ft., y, Surveyor, to be recorded herewith, bounded and described as follows; Beginning at a point on the Southerly sideline of North Street at Fourth Street, thence running by the sideline of North Street, S 85 1124'00" E Two hundred (200.00) feet; thence turning and running by land now or formerly of the Reading Open Land Trust, S 04 °36'00" W Forty (40.0) feet; b 1� 3� � Q) jr ` .i cNi ra m %2581Gn151 thence turning and running by said Trust land, S 85 024100" E Twenty (20.00) feet; thence turning and running by said Trust land, S 04 °36100" W Two hundred ten (210.0) feet; and running by said Trust land, S 85 °24'00" E One hundred twenty (120.0) feet; thence turning and running by said Trust land, N 049600" E Two hundred fifty (250.00) feet; thence turning and running by the sideline of North Street, S 85 °24'00" E One hundred (100.00) feet; thence turning and running by land now or formerly of Summit Towers Condominium, S 04 °36'00" W Sixty (60.00) feet; thence turning and running by said Summit Towers land, S 85 024'00" E Twenty (20.00) feet; thence turning and running by said Summit Towers land, S 04 136'00" W Two hundred twenty - two and twenty -eight hundredths (222.28) feet; thence turning and running by said Summit Towers land, S 84 °21121" E One hundred seventy- seven and fifty -eight hundredths (177.58) feet; thence turning and running by said Summit Towers land, S 05 046'36" W One hundred sixty (160.0) feet; said Summit Towers land, N 84 °13'24" W One hundred fift een thence turning and running by (115.00) feet; 025816P9152 thence turning and running by said Summit Towers land, S 05 04636" W Four hundred eighty - seven and fifty -seven hundredths (487.57) feet; thence turning and running by said Summit Towers land, N 87 °41'51" W Sixty nine and thirty - three hundredths (69.33) feet; ° 15'07" W Three hundred sixty -six thence turning and running by said Summit Towers land, S 89 and sixty -one hundredths (366.61) feet; s land, N 87 °59'58" WSeventy -five and six thence turning and running by said Summit Tower hundredths (75.06) feet; thence turning and running by the Easterly sideline of Fourth Street, N 04 °36'00" E Two hundred the sixty -eight and thirty hundredths (268.30) feet; thence turning and running by said Fourth Street, N 47 053'00" W Twenty -five and twenty -one hundredths (25.21) feet; b the centerline of Fourth Street, N 04 036'00" EEighty -seven and thence turning and running y twenty -six hundredths (87.26) feet; thence turning and running by land of the Town of Reading, S. 8512016" E Two hundred three (203.40) feet; thence turning and running by said Reading land, N 04 °36'00" E One hundred fifty (150.00) feet; thence turnip and running by said Reading land, N 85 °24'00" W Two hundred three (203.00) then g feet; thence turning and running by the centerline of Fourth Street, N 04 °36'00" E Three hundred the twenty -five (325.0) feet; running by said Fourth Street, S 85 024'00" E Twenty (20.0) feet; and thence turning and thence turning and running by the sideline of Fourth Street, N 04 °36'00" E One hundred twenty - five (125.0) feet to the point of beginning. Containing 441,572 square feet of land (10.14 acres) as shown on said Plan. Meaning and intending to describe all of Lot 49, all of Lot 39, an. approximately 2.45 acre roximately 5.02 acre portion of Lot 47 portion of Lot 40, all of Lot 46, all of Lot 48, and an app of Lot 3a as on all as shown on Reading Board of Assessors Plat 13r of 1986 with all of thelGrantor's right,hitle and Reading Board of Assessors Plat 14 of 1985, together N J,k.� �-�) e /A OK 25 816 Fv 153 interest in and to Fourth Street where it abuts the above described land. The land conveyed hereby is hereinafter referred to as the "Premises ". This conveyance is made subject to and with the benefit of the following easements, restrictions, covenants and reservations of rights to which the Grantee by the acceptance of this Deed and as part consideration therefor hereby covenants and agrees to on its behalf and on behalf of its .heirs, successors and assigns: The Grantor reserves unto itself, its successors, assigns, tenants, lessees, and licensees an access easement from Hopkins Street over the Premises being conveyed hereby and over any abutting land of the Grantee which becomes part of the Bear Hill Apartments Project as shown on the Final Plans for the Bear Hill Apartments approved by the Community Planning and Development Commission of the Town of Reading by decision dated November 30, 1994 (the "CPDC Decision ") in common with others entitled thereto, for the purpose of motor vehicle and pedestrian access to the land of the Grantor lying easterly of the centerline of Fourth Street and surrounded on three sides by the Premises and on which land a standpipe /water tower is presently located so that said Grantor's land and all buildings, structures and improvements now or hereafter located on said land may be accessed for all purposes without the necessity of using Cedar Street or any othet public or private way. Said access easement shall be located a essentially as. shown on the plan entitled: "Water Line Access Easement Sketch" CL dated September 6, 1995 by Allan & Major Associates, Inc. to be zecor hQJI -4ie., vith. To the extent that.any portion of the access easement as shown on the aforesaid Water Line Access Easement Sketch is located on land of the Grantee outside the Premises, the Grantee agrees to provide a written, recordable Grant of Easement to the Grantor providing for the aforesaid access no later than the date on which the finished course for all roadways and driveways shown on the aforesaid Water Line Access Easement Sketch have been completed. Said Grant of Easement shall be provided by the Grantee at no cost to the Grantor. Grantor, its successors and assigns shall not park or store vehicles, equipment or materials. in the easement area. Grantor, its successors and assigns, shall repair any damage made by it or them to the access easement as a direct result of it or their use of the same. 2. The Grantee shall convey to the Grantor by Quitclaim Deed either the fee simple title to or a perpetual easement to the parcel of land shown as "Proposed Recreational" on the plan entitled: "Bear Hill Apartments Reading, Massachusetts Bear Hill LTD., Partnership; Revised 2/23/95 and 7/24/95; prepared by Allen & Major Associates, Inc.; prepared for Dolben Company, Inc.; drawing titled: Layout Plan; Sheet No. C -3" to be recorded herewith within one month of the date that all recreational facilities shown on said plan or required by the CPDC Decision have been completed. Said Quitclaim Deed shall be provided by the Grantee at no cost to the Grantor. Grantor shall specify the form of title to be conveyed by 3 ��4 25816 '% 154 Grantee. As an alternative to such a conveyance, Grantee agrees to Grantor making an eminent domain taking of the fee to such Parcel at no cost to Grantor or for only the nominal award of damages of One ($1.00) Dollar. 3. All easements, restrictions, covenants and reservations of rig is the land and for covenants running with the land, are unposed for the benefit the benefit of the abutting land owned by the Grantor and for the Inhabitants of the Town of Reading, Massachusetts and its successors, assigns, tenants, lessees, and licensees and are imposed in perpetuity. There has been full and strict compliance with the provisions of Massachusetts General Laws Chapter 44, §63A. There has been full and strict compliance with the provisions of Massachusetts General Laws Chapter 60, §77B relating to the statements to have been received by the Grantor. For Grantor's Title see Deed of the United States of America recorded at Middlesex South District Registry of Deeds in Book 11061, Page 185, Deed recorded at said Deeds in Book 5472, Page 58, and Tax Taking recorded at said Deeds in Book 13548, Page 665. The affirmative vote of the Reading Adjourned Annual T6wn Meeting of April 28, 1986 under Article 30 of the Warrant for the Annual Town Meeting authorized this conveyance. IN WITNESS WHEREOF, the said Town of Reading has caused its corporate seal to be hereto affixed and these presents to be signed, acknowledged and delivered and the covenants, restrictions, reservations of rights and easements set forth herein to be imposed thereby in its name and behalf by the undersigned being all the members of the Board of Selectmen of the Town of Reading, thereto duly authorized, without personal liability for the members of the Board of Selectmen, in any event, this 7th day of November, 1995. 4 /3 a2581 sec 155 Town of Reading By Its Board of Selectmen, Sally Georg Hines, Vice Chairman H 7 e W. An Sec Daniel A. Ensminger #BruMacDonald COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. November 7, 1995 The personally appeared the above-named Sally M. Hoyt, George V. Hines, Camille W. Anthony, Daniel A. Ensminger, and Bruce MacDonald as they are the Board of Selectmen of the Town of Reading and acknowledged the foregoing instrument 'to be their free acts and deeds as such Selectmen on behalf of the Town of Reading, before me. Notary Public My Commission Expires: H THEODORE COHEN- NOtaly pub"a Z0, 2002 5 i i aK25816f%i56 The undersigned hereby accepts the covenants, restrictions, reservations of rights and easements set forth herein. Reading Bear Hill Limited Partnership By Its General Partner Dolben Bear Hill Corp. By Andrew Dolben President COMMONWEALTH OF MASSACHUSETTS 1995 ..flleseX, ss. I The personally appeared the above -named Andrew Dolben as he is President of Dolben Bear Hill Corp., General Partner of Reading Bear Hill Limited Partnership, and acknowledged the foregoing instrument to be his free act and deed, before me. Notary Public My Commission�XPires: 9 6 - WATER UNE ACCESS BEAR HILL APARTMENTS EASEMENT SKETCH READING, MASSACHUSETTS Lad 6, 1095 4w VW Omwm PAW loxx #*O`m "(w nft 1 (07) &*�W DOU" COMP W. W. BEAR HILL LTD., PARTNERSHIP !�7 tqe*n, � ^=Wqm 75 STAIX $WgU. oOW M MAWA*WSCM I ARCEL_ID: 246/013.0 -0000- 0040.0 MAP 013.0 PARCEL INFORMATION )wner #1: TOWN OF READING )wner #2: address #1: 16 LOWELL STREET address #2: READING MA 01867 Section: D Use -Code category: 3rnd -Fl -Area: Story Height: 3ldg- Class: Yr- Built: ff -Yr- Built: 'ost Bldg: I'atucl Year. 2UU9 BLOCK 0000 LOT 0040.0 Use -Code: 903 Tax Class: E Tot Fin Area: 0 Tot Land Area: 0.62 Inspect Date: Meas Date: Entrance: Collect ID: Inspect Reas: COMMERCIAL SECTIONSIGROUPS Section: Book: Section: Sale Date: Section: ID Use -Code 0151 ID Use -Code 1 1981 A A W74 ID Use -Code Category: Sale Valid: Category: Category: Grnd -Fl -Area: TOWN OF READING Grnd -Fl -Area: Grnd -Fl -Area: Story Height: Exempt -B /L %: Story Height: Rd Condition: Story Height: Bldg- Class: ! Bldg - Class: M Bldg - Class: Yr- Built: Water: Yr- Built: Indust-B/L/o: Yr- Built: Eff -Yr- Built: Eff -Yr- Built: / Eff -Yr- Built: Cost Bldg: Cost Bldg: Cost Bldg: Id Cd B -FL -A Flrs UntI Id Cd B -FL -A Firs UntI Id Cd B -FL -A Firs UntI Id Cd B -FL -A Flrs Unt SKETCH PARCEL ADDRESS: BEAR HILL Sale Price: 1323200 Book: 25816 Sale Date: 11/14/1995 Page: 0151 Sale Type: 1 1981 A A W74 Cert/Doc: 3 Sale Valid: E Grantor: TOWN OF READING Road Type: T Exempt -B /L %: ! Rd Condition: P Resid -B /L %: ! Traffic: M Comm-B/L/o: / Water: Indust-B/L/o: / Sewer: Open Sp-B/L/o: / as of: 8/24/2009 LAND INFORMATION NBHD CODE: 5 NBHD CLASS: 1 ZONE: S15 Seg Type Code Method Sq -Ft Acres Influ -1/2/3 Value Class 1 P 903 S 27007 0.62 N 305459 UwWrelffyj DETACHED STRUCTURE INFORMATION Str Unit Msr -1 Msr -2 E- YR -BIt Grade . Cond %Good P /F /E/R Cost Class TW S 1 1981 A A W74 100000 3 VALUATION INFORMATION Current Total: 405500 Bldg: 100000 Land: 305500 MktLnd: 305500 Prior Tot: 421500 Bldg: 100000 Land: 321500 MktLnd: 321500 UwWrelffyj 'ARCEL ID: 246/013.0- 0000 - 0047.0 MAP 013.0 PARCEL INFORMATION Owner #1: TOWN OF READING Owner #2: CONSERVATION COMMISSION Address #1: 16 LOWELL ST Address #2: READING MA 01867 Section: ID . Use -Code Category: Grnd -Fl -Area: Story Height: Bldg- Class: Yr- Built: Eff -Yr- Built: Cost Bldg: Paiuei Year: 2UU9 BLOCK 0000 LOT 0047.0 Use -Code: 903 Tax Class: E Tot Fin Area: 0 Tot Land Area: 0.09 {..L/ .- i .. I 1/ PARCEL ADDRESS: BEAR HILL Sale Price: 1323000 Book: Sale Date: 11/14/1995 Page: Sale Type: Cert/Doc: Sale Valid: E Grantor: TOWN OF READING as of: 8/24/2009 2581 0151' ' Inspect Date: Road Type: T Exempt -B /L %: / Meas Date: Rd Condition: P Resid -B /L %: / Entrance: Traffic: M Comm-13/1.3/6: ! Collect ID: Water: Indust -B /L %: / Inspect Reas: Sewer: Open Sp-B/L/o: / COMMERCIAL SECTIONS /GROUPS Section: Section: Section: ID Use -Code Cost ID Use -Code ID Use -Code Category: 81200 Category: Category: Gmd -Fl -Area: Grnd -Fl -Area: Grnd -Fl -Area: Story Height: Story Height: Story Height: Bldg- Class: MktLnd: Bldg - Class: Bldg- Class: Yr- Built: MktLnd: Yr- Built: Yr- Built: Eff -Yr- Built: Eff -Yr- Built: Eff -Yr- Built: Cost Bldg: Cost Bldg: Cost Bldg: Id Cd B -FL -A Firs UntI Id Cd B -FL -A Flrs UntI Id Cd B -FL -A Firs Unt) Id Cd B -FL -A Firs Unt I SKETCH LAND INFORMATION NBHD CODE: 5 NBHD CLASS: 1 ZONE: S15, Seg Type Code Method Sq -Ft Acres Influ -1/2/3 Value Class 1 P 903 S 3920 0.09 N 221812 DETACHED STRUCTURE INFORMATION Sir Unit Msr -1 Msr -2 E -YR -Bit Grade Cond %Good P /F /E/R Cost Class G5 S 3960 1981 A A /!/74 81200 3 VALUATION INFORMATION Current Total: 303000 Bldg: 81200 Land: 221800 MktLnd: 221800 Prior Tot: 313000 Bldg: 79500 Land: 233500 MktLnd: 233500 Y28861PC 141 a � Ofi p!� P� DEED yy� V,nPf. Deane H. Dolben and Andrew K. Dolben as Trustees of the Hopkins Street Realty Trust u/d/t 'fit V, dated October 1, 1996 recorded at Middlesex South District Registry of Deeds in Book 26729, Page 327, for consideration of One Dollar ($1.00) received hereby grants to the Town of Reading Massachusetts, a municipal corporation with a usual place of business at 16 Lowell Street, u Reading, Massachusetts 01867 ( "Grantee ") with QUITCLAIM COVENANTS, the land shown '..; as Parcel 3 on a plan entitled "Summit Village Condominium in Reading, MA" prepared for the Dolben Company, Inc. One Beacon Street, Boston Massachusetts, 02108, prepared by Allen & Major Associates, Inc., 400 West Cummings Park, Suite 5050, Woburn, MA 01801; date °0 September 18, 1996" recorded with Middlesex South District Registry of Deeds as Plan No. 997 .a of 1996, which Parcel 3 is more particularly bound and described as follows: EASTERLY: by the westerly sideline of Fourth Street, one hundred Fifty -four and 59/100 (154.59) feet; SOUTHEASTERLY: by a parcel shown as parcel 2 on said plan. One hundred thirty -eight and 36/100 (138.36) feet; CA D SOUTHWESTERLY: by the easterly line of said Hopkins Street, eighty -two and 92/100 (82.92). g� feet; G 0) NORTHWESTERLY:by land now or formerly of Gregorio, one hundred ninety -seven and; 24/100 (197.24) feet; j NORTHERLY: by the southerly side line of Cedar Street, one hundred and 00 /100 (100.00) feet. N F' x Said Parcel 3 contains an area of 27,335 square feet of land more or less (0.63 acres xaccording to said plan. No rights are granted in or to Fourth Street or any other ways shown on said plan, other than rights to use Hopkins Street and Cedar Street to the extent they are public ways. P4 Deane H. Dolben has been appointed as an additional Trustee and has accepted such appointment. Copies of such action are attached hereto. Section 2.1 of the Trust permits either trustee to act alone. -3.X11 M The premises are conveyed subject to easements, restrictions, covenants and agreements of record insofar as in force and applicable. Undersigned, as trustee of the Hopkins Street Realty Trust does hereby certify to the truth of the following: 1. Deane H. Dolben is a current trustee of the Hopkins Street Realty Trust, duly appointed and authorized. BK28867PG142 fill," 2. The Hopkins Street Realty Trust has not been amended, revoked, terminated or altered and remains in full force and effect as of this date. 3: All of the beneficiaries of the trust are of legal age and full capacity. 4. Deane H. Dolben as Trustee has been authorized by the beneficiaries of said Trust to execute this deed. Title Reference: Deed from Reading Bear Hill Limited Partnership to the Grantor dated October 4, 1996 and recorded at said Registry Book 26729, Page 331. Witness my hand and seal this &0 day of 1998. Hopkins Street Realty Trust Deane H. Dolben, Trustee COMMONWEALTH OF MASSACHUSETTS Middlesex, ss: 1 £�0 ? , 1998 Then personally appeared the above named Deane H. Dolben, as Trustee aforesaid and acknowledged the foregoing to be his free act and deed on behalf of said Trust, before me. et — Notary Public V My Commission Expires: o7i a� 7 �s��t�'LR.v, 'r1 __ ...� .,�:;: >• .ryc^ '.r ',ice '. ... ... .t+.,ta:;a9L9 cYyS�ti''w' :�:' •�i'n'�rc Y'a .r.. ,... _. . >. .. :j:''�y,..�yy +�„ Yr.r�:.. r:!:. ... .. i ?': 'x*rN. .. �ifi'• BK28867PG143 ACCEPTANCE OF CONVEYANCE The attached deed to and conveyance of the land shown as Parcel 3 on Plan No. 997 of 1996 is accepted by the Town of Reading, MA, this 21 st day of July, 1998. TOWN OF READING By its Board of Selectmen hew J. Wes r, Secretary __ ,uric 0�ny 7 r COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. July a 1 , 1998 The personally appeared the above -named W. -Bruce MacDonald, Sally M. Hoyt, Matthew J. Nestor, Camille W. Anthony and George V. Hines, as they are a majority of the Board of Selectmen of the Town of Reading, and acknowledged the foregoing instrument to be their free acts and deeds as such Selectmen on behalf of the Town of Reading, before me. Qayudl otary c�/ My Commission Expires: t" r�- �-sc�/ J U 'ARCEL ID: 246/013.0- 0000 - 0051.0 MAP 013.0 PARCEL INFORMATION Owner #1: TOWN OF READING Owner #2: Address #1: 16 LOWELL STREET Address #2: READING MA 01867 Paicel Year: 2UO9 BLOCK 0000 LOT 0051.0 Use -Code: 903 Tax Class: E Tot Fin Area: 0 Tot Land Area: 0.63 Inspect Date: 6/30/1996 Meas Date: Section: Entrance: C Collect ID: FTR Inspect Reas: M COMMERCIAL SECTIONS /GROUPS Section: Section: Section: Section: ID Use -Code ID Use -Code ID Use -Code ID Use -Code Category: Category: Category: Category: Grnd -Fl -Area: Grnd -Fl -Area: Grnd -Fl -Area: Grnd -Fl -Area: Story Height: Story Height: Story Height: Story Height: Bldg - Class: Bldg- Class: Bldg- Class: Bldg- Class: Yr- Built: Yr- Built: Yr- Built: Yr- Built: Eff- Yr- Built: Eff -Yr- Built: Eff -Yr- Built: Eff -Yr- Built: Cost Bldg: Cost Bldg: Cost Bldg: Cost Bldg: Id Cd B -FL -A Firs UntI Id Cd B -FL -A Flrs UntI Id Cd B -FL -A Firs UntI Id Cd B -FL -A Flrs Unt PARCEL ADDRESS: 160 HOPKINS ST Sale Price: 1 Book: 28867 Sale Date: 7/22/1998 Page: 0141 Sale Type: P Cert/DOC: 183153 Sale Valid: E Grantor: DOLBEN ANDREW K TRUS Road Type: T Exempt-B/L/o: / Rd Condition: P Resid -B /L %: / Traffic: M Comm-B/L`/*: / Water: Indust-B/L'/*: / Sewer: Open Sp- B /L° /a: / as of: 8/24/2009 LAND INFORMATION NBHD CODE: 4 NBHD CLASS: 1 ZONE: S15 Seg Type Code Method Sq -Ft Acres Influ -1/2/3 Value Class 1 P 903 S 27323 0.63 N 289466 DETACHED STRUCTURE INFORMATION Str Unit Msr -1 Msr -2 E- YR -BIt Grade Cond %Good P /F /E/R Cost Class VALUATION INFORMATION Current Total: 289500 Bldg: 0 Land: 289500 MktLnd: 289500 Prior Tot: 298400 Bldg: 0 Land: 298400 MktLnd: 298400 SKETCH PHOTO YZI OFF? EgO'G Town of Reading 16 Lowell Street N Reading, MA 01867 -2685 39INCORQO� FAX: (781) 942 -9071 Email: townmanager @ci.reading.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942 -9043 MEMORANDUM TO: Files FROM: Peter I. Hechenbleikner DATE: August 3, 2009 On 7/13/09, Selectmen Ben Tafoya and Stephen Goldy, Public Works Director Jeff Zager, Town Engineer George Zambouras and I met with our legislative delegation and representatives of the MWRA. The MWRA indicated that they planned on moving ahead with the redundancy (interconnected pipes) for water supply, and they need a decision from the Town of Reading as to how to proceed with the issue of water storage. The Town representatives indicated that the two tank alternative that we have seen in the interchange of Route 128 and Route 28 is not acceptable. The concern is the height (and therefore the appearance) of the tanks. For comparison, the Bunker Hill monument is only 221 feet high —just 41 feet higher than the proposed height of the water towers. There is discussion about whether a single tank at that location would be acceptable to Reading, and why the MWRA cannot build shorter tanks and use electricity to pump into and out of the tank. The view of shorter tanks could be obstructed by vegetation. The MWRA is not willing to rely on electricity to pump into and out of the tank (the MWRA plan is to pump into the tanks and then let gravity distribute water out of the tanks.) The MWRA proposed water tanks on the former hospital grounds in Stoneham has been reported in the press. These tanks are to provide water storage capacity in the "Northern High" portions of the MWRA service area — Medford, Malden, etc. This does not substitute for the proposed "northern intennediate high" storage proposed at the interchange. Reading representatives asked whether or not storage in Wilmington might be viable since they are now joining the system. The Wilmington connection is at Mishawaum Road in Woburn and is therefore just addressed as a distributor line from that point. They don't feel that storage in Wilmington would do the same job. There was then discussion about the current Bear Hill standpipe owned by the Town of Reading, and whether the MWRA could replace that Town standpipe with a larger and taller water storage tank. This standpipe is due for replacement in 10 +/- years. It was recently tested and tests fine. Replacement of that standpipe with a new MWRA tank would have an impact. The schematic work that the MWRA has done would be to replace the 56 foot diameter 70' high standpipe with a 90 foot diameter base / 120 foot diameter bowl (up in the air) at a height of 125 — 130 feet. That would provide for approximately 3 million gallons of storage. Some alternative lower amount of storage might be feasible, although the impact would be to reduce the diameter of the bowl, not the height of the tank. Other alternative sites (additional land would need to be acquired) would be the Lothrop Road site off of County Road. Additional storage at Auburn Street where the Town's other tank is (and where the "rocket" was located), is not feasible for the MWRA because the MWRA would need to run new piping from the MWRA distribution system on West Street or Main Street at route 128 to that location. The MWRA is proposing in the short tenn to replace about 2200 feet of existing pipe on Route 28 in Stoneham and Reading with a 36 inch pipe. This would provide an interconnection between Reading and Stoneham and would begin to provide for some redundancy through Reading. Ultimately, an increased pipe size would be extended in Reading up Main Street to Hopkins Street, and over Walnut Street and South Street to West Street. In Stoneham it would go southward towards Spot Pond. Finally, the MWRA representatives indicated that whether or not additional storage was constructed in Reading was up to Reading. They feel that it is important for water supply in Reading and other communities. However, they are not going to force Reading to accept additional water storage. They did indicate that the emergency interconnection with Stoneham, and the looping of the MWRA line from Stoneham, through Reading to West Street /Mishway Road in Woburn would be required in any case, regardless of storage. PIH /ps LEGAL NOTICE TOWN OF READING Totha Inhabitants of the Town of Please take notice that the Board of Selectmen of the Town ' of Reading will hold d)g'hd|ow- ingpubUchearngoonTuosday September 1,.20O9 in the Selectmen's Meeting Room, 16 Lowell Street, Raadiho. es 8.30 �-Personnel Policies 8:30 —~---�yaMmngnegu/eumnuu//rm// Street between Main and Washington Streets 10:00 p.m. _ ` A copy of the proposed doc- uments regarding theme topics are available in the Town N1anayg['a Office. lG Lowell Street, Read|nQ, MA-,from 8:30 a.m. - 5:00 p.m., K8'F and are attached to the hearing notice UD th0VVebSite adYVwmVreadiOg ^nma.gov -&U interested parties may appear in penson, may submit their oonnnlgnts in wr0ng, or by email to By order of Peter |.Hechenb|mKner Town Manager q "g-, I , Town of Reading 16 Lowell Street Reading, MA. 01867 Fax: (781) 942 -9037 Website: www.readingma.gov DATE: September 1, 2009 TO: Board of Selectmen FROM: Carol Roberts RE: Public Hearing - Personnel Policies Finance Department Human Resources Division (781) 942 -9033 Attached is the final draft of the Personnel Polices with the proposed changes. This final draft, dated 8- 26 -09, differs from the one that was reviewed by the Board at the July 21, 2009 workshop meeting by some minor language changes for clarification and the changes listed below. 1) Article 2 — Language modified by Labor Counsel. 2) Section 7.7 Life Threatening Illnesses — Removed at the recommendation of Town Counsel. 3) Both Sections 9.7 Military Leave and 9.9 Family and Medical Leave Act had some language changes at the recommendation of Town Counsel. Also the changes that Town Counsel recommended for Section 7.2 — Harassment and Discrimination Prohibited, that were in the draft reviewed on July 21, 2009 and that -are in this final draft, are based upon the Massachusetts Commission Against Discrimination (MCAD) model policy. DRAFT 08 -26 -09 TOWN OF READING, MASSACHUSETTS PERSONNEL POLICIES ARTICLE]: AUTHORIZATION The following policies are adopted by the Board of Selectmen pursuant to their authority under Section 3 -2 of the Reading Home Rule Charter, and under Article 4.7 of the Bylaws of the Town of Reading. ARTICLE 2: STATEMENT OF PERSONNEL PHILOSOPHY The Town of Reading has as its goal the provision of excellent, cost effective and efficient services in a manner that is honest, ethical and fair to residents and employees. Quality of service and excellence in customer service are the Town's standards, and acting through the Town Manager, the Town has the right and responsibility to plan, direct and control the Town's business, operations and workforce to achieve these goals. In exercising these rights and responsibilities, the Town has developed and adopted this Personnel Policy. THIS PERSONNEL POLICY, AND OTHER RULES AND REGULATIONS THAT MAY BE ADOPTED FROM TIME TO TIME AND THAT ARE AVAILABLE FROM THE TOWN MANAGER, ARE GUIDELINES WHICH THE TOWN MAY OR MAY NOT FOLLOW AS IT DEEMS APPROPRIATE. binding upon Town employees and the Town. THESE GUIDELINES ARE NOT INTENDED TO AND DO NOT CREATE A CONTRACT OF EMPLOYMENT BETWEEN THE TOWN AND TOWN EMPLOYEES. THESE POLICIES do not eenstitule a eentraet and MAY BE UNILATERALLY MODIFIED BY THE TOWN THROUGH A PUBLIC HEARING WITH THE BOARD OF SELECTMEN. The purpose of this statement is to develop a personnel philosophy for employees of the Town of Reading in order that the Town may strive to attain its goals. Town personnel will be hired on the basis of qualifications only. ♦ The Town will strive to pay salaries that are equitable in relation to the complexity and responsibility of the work performed, and to maintain comparable pay for comparable work within the Town workforce. ♦ The Town will strive to maintain a competitive position in the employment market and thereby attract and retain competent employees. ♦ The Town will strive to stimulate and reward high -level performance. The Town will provide an orderly program of salary policy and control. ♦ Employees will receive a copy of the current job description and Personnel Policies when they are hired. When such job descriptions and /or policies are developed, revised or adopted, each affected employee will receive written notification. ♦ Employees will be encouraged to develop professionally to the extent of their interest and capability and the needs of the Town. (See Section 9.17). ♦ Responsibility within a Department or Division will be delegated to the minimum level at which the task can be accomplished. DRAFT 08 -26 -09 ♦ Current employees will be made aware of job openings. In -house promotion and /or transfer will be considered where it would be of benefit to the employee and the Town and consistent with Affirmative Action policies. ♦ Over - staffing will be avoided. Temporary peaks in workload will be filled, where possible, with temporary help. Regular staff will be the minimum needed to meet normal work- loads. All staffing is subject to availability of funds. ♦ Employees are entitled to know what is expected of them in their job and to have their job performance periodically evaluated by their supervisors. A personnel performance plan based on a written job description will be developed with each employee. e Where possible, or where desirable, staff will be shared between Departments and /or Divisions to provide the most effective use of staff. ♦ Employees will be encouraged to learn as much as possible about the functions of their Department or Division so that they may temporarily fill other positions as needed. ♦ Where possible, local residents will be hired for part-time and seasonal work with the Town. The Town and its employees will not discriminate in any way against employees or members of the public on account of membership or non - membership in a union, on account of race, political activity, religion, creed, color, national origin, gender, age, sexual orientation, physical handicap or life - threatening illnesses. o The Town will develop, implement and maintain a positive affirmative action program to prevent discrimination, and the Town and all of its employees will carry out the policy. ARTICLE 3: DEFINITIONS Section 3.1. Appointing Authority: The position responsible under the Reading Home Rule Charter for the hiring and firing of employees. Section 3.2. Charter: The Town of Reading's Home Rule Charter as adopted March 24, 1986 and any subsequent amendments. Section 3.3. Continuous Service: Employment without interruption, excluding authorized vacation, military leave, paid leave or leave under the Fan-lily and Medical Leave Act leave. Section 3.4. Department: Any department of the Town subject to this policy. Section 3.5. Department Head: The officer having immediate supervision and control of a department or, in the absence of such officer, the Town Manager. Section 3.6. Employee: 3.6.1. Regular Employee — An employee who has successfully completed the prescribed probationary period. A regular full -time employe provides full time services and is compensated at full pay and benefits for the assigned position. An individual employed for not less than thirty seven and one -half (37 1/2) hours per week for fifty -two (52) weeks per year, minus legal holidays, paid vacations and other authorized leaves of absence. The Town Manager may, based on peoulief special circumstances, designate a different number of hours per week as full time. A regular part-time employee provides less than full -time service, and is compensated in proportion to the amount of service provided. 3.6.2. Probationary Employee - An employee who has not completed the probationary period for a particular position. 3.6.3. Temporary Employee - An employee who possesses the minimum qualifications for a particular position and has been appointed to a position for a limited scope or duration. 4 _'t q, DRAFT 08 -26 -09 Seasonal workers and co -op students are considered temporary employees. Temporary employees are not entitled to benefits. 3.6.4. Exempt Employee - An employee having significant responsibility for formulating and administering policies and programs of the Town and for directing the work of subordinates by lower level supervision; any employee having the authority to exercise independent judgment, or to effectively recommend any action to hire, transfer, suspend, lay off, recall, promote, discharge, assign; reward or discipline other employees, or to direct them to adjust their grievances, if the exercise of such authority is not merely routine or clerical in nature but requires the use of independent judgment and discretion. An exempt employee is not entitled to receive overtime compensation, and that is noted indicated on the job description. as 3.6.5. Non - Exempt Employee - An employee entitled to receive overtime compensation, as indicated in h, a ' ^ ` lass fieat ^" Pl an. on the job description. Section 3.7. Human Resources Administrator: The employee appointed by the Town Manager to administer the personnel functions of the Town, or in the absence of a Human Resources Administrator, the Town Manager. Section 3.8. Position: An office or post of employment in the Town's service with duties and responsibilities calling for full -time or part-time employment in the performance and exercise thereof. Section 3.9. Town: The Town of Reading. ARTICLE 4: APPLICABILITY Unless specifically and otherwise excepted, wholly or in part, by statute, collective bargaining agreement, Bylaw, Charter, or regulation superior to this, this Policy shall apply to all Town Departments, except the School Department and Municipal Light Department, and to the positions of all employees except those under jurisdiction of said School and Municipal Light Departments, those filled by popular election and those certain positions the holders of which render intermittent or casual service. These Policies apply to all positions, except those noted in the above paragraph; however, the authority of appointment shall be modified as follows: • In the Library Department, the Board of Library Trustees shall be responsible for hiring and firing of personnel. [See Town of Reading Home Rule Charter, Article 5. Town Manager, Section 5 -2, Powers and Duties (b).] • In the Finance Department, the Board of Assessors may appoint an Appraiser and an Assistant Appraiser. [See Town of Reading Home Rule Charter, Article 3, Elected Officers and Boards, Section 3 -6, Board of Assessors.] ♦ In the Accounting Department, the Board of Selectmen shall appoint the Town Accountant. (See Town of Reading Home Rule Charter, Article 3, Section 3 -2, Board of Selectmen.) ARTICLE 5: ADMINISTRATION This Article spells out the method of employing individuals to work for the Town, and deals with recruitment, screening, appointment, orientation and probation. These methods shall be adhered to, where applicable, unless there is a specific waiver from the Town Manager. It is the Town's intent that this recruitment, employment, promotion and transfer policy ensures that � �g,s DRAFT 08 -26 -09 every reasonable effort is made to attract qualified persons and that selection criteria are job related. All positions that become available will be filled giving full weight to Equal Employment Opportunity and /or Affirmative Action goals established by the Town, and to the Americans with Disabilities Act (ADA). These policies shall be administered by the Town Manager. Department Heads are responsible for the implementation of policies and procedures as established and as directed by the Town Manager. Section 5.1- Hirink. 5.1.1. - Verification - The Department that proposes to hire an employee must first verify with the Town Manager that: 0 Funds for the position are provided in the approved budget. ♦ The position has been approved by the Town Manager and there is a need for the position. o The position has been included in the Payed Classification Plan. 5.1.2 -In -House Promotion - When a vacancy exists, the overall personnel requirements of the Department and the Town will be reviewed with the Town Manager who has the final and binding decision on promotions. Where possible, in -house promotion and /or transfers will be considered in order to fill a position so long as such a decision is in conformance with the Affirmative Action policy. Where two or more in -house candidates apply for a position, qualifications including seniority and length of service shall be considered. 5.1.3 - Posting and Advertising - The Human Resources Administrator in consultation with the Department Head shall prepare the posting and advertisement to solicit applicants. The Town will post the availability of a vacant position in each Town building and with each Department Head for a period of five (5) business days, and shall send a copy of the notice to each Town Union in order to provide the maximum opportunity for in -house promotion. Nothing shall prohibit the Town from advertising the position at the same time that it is posted. Advertisements shall be submitted by the Human Resources Administrator to the media best suited to attract qualified applicants adhering to Affirmative Action and Equal Employment Opportunity goals. 5.1.4 - Application - Every applicant to be interviewed will be required to fill out, in its entirety, a Job Application Form approved by the Town Manager. Additional information may be submitted by an applicant for employment. To the extent possible, Affirmative Action and Equal Employment Opportunity data will be kept on each applicant by the interviewer and, upon completion of the hiring process, will be forwarded to the Personnel Division. 5.1.5 - Testing and Examination - .aApplicants may be required to submit to a tests) and /or examination(s), and to submit other information which is reasonably related to the job for which the application is made. A14 Tests and examinations may inelude physieal and psyehiatr-ie examinations, to the extent th these are related to the pesit6ea being filled, These tests and e-xaminationswill en4y be dene and/or- eKaminations. (last two sentences moved to 5.1.7) 5.1.6 - Interview - As determined by the Town Manager, each Department Head, designee or the Human Resources Administrator shall interview applicants for the position within the Department. This process will involve looking only at the criteria important to filling the position. 4 DRAFT 08 -26 -09 Unless instructed otherwise, the Department Head or the Human Resources Administrator will select not less than the top three (3) candidates for each position and will schedule interviews for these candidates with the Town Manager. The Department Head or the Human Resources Administrator will be responsible for checking references and discussing hours of work, benefits, the promotional opportunities, and other aspects of the position with the candidates. The final selection will be made by the Town Manager in consultation with the Department Head or the Human. Resources Administrator. As part of the interview process, nothing shall preclude the use of a panel of interviewers for any position, including using a member or members of a Board, Committee or Commission on the panel. 5.1.7 - Appointment — After all reference and background checks are complete, Aappointments shall be made by the Town Manager who shall inform the successful candidate in writing of the appointment including the starting date, salary, benefits and union status. All appointments shall-be subject to the satisfactory completion of a physical examination (including a drug and alcohol screen) by the Town Physician. Other tests and examinations that may be required, to the extent that they are related to the position being filled, include but are not limited to, psychiatric examinations, Criminal Offender Record Information (CORI), as authorized by the Criminal Systems History Board, Sex Offender Record Information (SORI), and background checks. These tests and examinations will only be done after an offer of employment and the offer will be contingent upon successful completion of the tests and/or examinations. Appointments of employees shall be made from a selection of the best qualified applicants. Preference will be given to Town residents when equal qualifications are possessed by the applicants. Nothing herein shall be construed to pen-nit hiring in conflict with the Town's Affirmative Action, Equal Employment Opportunity and ADA Policies. 5.1.8 - Orientation - On or before the starting date, each new employee will be given an orientation and will be introduced to other employees. The new employee shall complete the necessary forms for withholding, insurance, pension and other forms needed. Each new employee will be given a copy of the current Personnel Policies, applicable union contract and other relevant information. 5.1.9 - Probation - Unless otherwise determined by law, the appointment of each employee shall be probationary for a period of six (6) months of employment for purposes of evaluation. prior to being assigned regular position status. Probation may be extended for an additional time up to three (3) months if performance indicates such a need. Vacation time will accrue (see section 9.13) but may not be used during the probationary period. Sick time may be used during the probationary period with the following restrictions: 1. Only accrued sick time may be used (see Section 9.2). 2. Sick time may only be used for personal illness or injury. 3. The Town may require the employee to submit a letter from a regularly licensed practicing physician giving the prognosis of the illness or injury before the employee shall be entitled to sick leave with pay. Advancement of Sick Leave, the use of the Sick Bank, Sick time for family illness, Bereavement 3em,e, FMLA Leave, Leave of Absence other than FMLA Leave, and Floating Holidays are not available to employees during the probationary period. When absence is compensable under Worker's Compensation Law, an employee may use accumulated sick leave during the probationary period in accordance with Section 9.2 of this policy. +,t? DRAFT 08 -26 -09 The Town Manager may extend leave during the probationary period only for extraer-dinar-y special circumstances where such an extension is warranted. Such an extension will not set a precedent in any other case, and denial of such a request is not subject to appeal. 5.1.10 - Exit Interview - A confidential exit interview shall be conducted during the final week of the employee's current position by the Town Manager or his designee. The purpose of an exit interview is to: ♦ Provide the departing employee with information and assistance and to further good employee relations. ♦ Provide the Town g-ff with insight into Town personnel and management practices. about the Town so. ♦ Inform the employee about benefits and retirement information. Section 5.2 - Job Description: The Town Manager or Human Resources Administrator will be responsible for preparing and periodically reviewing with the Department Head an appropriate job description for each position using a standardized form. An employee will have a copy of the job description for his/her position. The Personnel Human Resources Division shall be responsible for maintaining the current job description. This description shall.include, but not be limited to, the following: Classification Title, Department and Division, erode, Exempt /Non - Exempt, Union Status, General Purpose, Supervision Received, Supervision Exercised, Essential Duties and Responsibilities, Peripheral Duties, Desired Minimum Qualifications, Special Requirements, Tools and Equipment Used, Physical Demands, Work Environment and Selection Guidelines. Section 5.3 - Mandatory Reviews: All new, promoted, transferred or demoted employees will be reviewed for performance purposes no later than six (6) months after assuming their assignments as such period may be extended pursuant to Section 5.1.9. All new, promoted or transferred employees will be reviewed for compensation purposes concurrently with their performance review. If an employee is retained, based on the performance review, the employee will be granted a salary increase of no less than one step. The salary increase shall be effective on the date of the completion of the probationary period. All salary increases in excess of 2 steps are subject to prior approval of the Board of Selectmen. Section 5.4 - Maintenance of and Access to Personnel Records: The Town Manager shall keep or cause to be kept, personnel records for each Town employee. The personnel records shall contain: ♦ Application for employment; ♦— Copies of forms fo siffanc , pension applieation and si x,ilaf mate ♦ Annual attendance (including vacation, sick leave and other leave used and accrued) for the past three (3) years, plus any additional record needed to determine accrued sick leave; ♦ Commendations and complaints; e Reference verification; DRAFT 08 -26 -09 Tests and other information required prior to hiring; ♦ Scheel Professional development and other records accumulated during employment; ♦ Copies of performance evaluations; 0 A record of any and all personnel actions taken; ♦ Copies of employee awards; INS Form I -9; e Other pertinent information. The employee's personnel records shall be maintained as up to date as reasonably practicable but in every case material shall be filed within three (3) months. Each employee shall have access to his/her complete personnel records upon notice of five (5) business days to the Town Manager or designee. All information in the personnel records shall be available in printed or electronic format. The employee shall be notified in writing when any information (except for routine salary adjustments) is added to or removed from his/her personnel records. No employee shall have access to any other employee's personnel records except that a Department .Head shall have access to the personnel records of any and all employees for whom the Department Head is responsible. ARTICLE 6: CLASSIFICATION AND COMPENSATION PLANS Section 6.1- Classification Plan: The Classification Plan as established and modified from time to time by the Board of Selectmen according to Bylaw is hereby designated Schedule A, and made a part hereof classifying by grade and specific job title and assigning to pay grades certain exempt and non- exempt positions in the service of the Town, other than those which are specifically exempted according to Article 4 (Applicability). This plan shall constitute the Classification Plan of the Town within the meaning of Section 108A of Chapter 41 of the General Laws. The job title and job description for each position established by the Classification Plan shall be the official title of the position and of the incumbent of the position, and shall be used to the exclusion of all others for all purposes relating to the position including, but not limited to, payrolls and official records. Before any individual may be hired, transferred or promoted into any newly established position, the position must be included in the classification by job title and pay grade. If the job position is not already included in the Classification Plan, then the requesting department shall seek such classification approval through the Town Manager in advance of any request for funds. The Town Manager may investigate and review the work of any position subject to the provisions of this policy and recommend reclassification of the position as required. Reclassification is the result of a re- evaluation of a position to place it on the appropriate grade based on an internal and external study or to recognize a change in the duties and responsibilities of a position. Reclassification shall not be used as a device for promoting or demoting incumbents. The Classification and Compensation Plans and job descriptions shall be reviewed on a periodic basis by the Town Manager, who shall recommend to the Board of Selectmen correction of disparities that may have developed. In proposing and implementing reclassifications, the Town Manager shall consult with Department Heads and Division Heads as appropriate. +t' DRAFT 08 -26 -09 No employee may be appointed to a position not included in the Classification Plan. Section 6.2. Compensation Plan: The Compensation Plan established and modified from time to time by the Board of Selectmen according to Bylaw is hereby designated Schedule B and made a part hereof, establishing compensation rates for each pay grade. This plan may provide for rate progression through the steps. The compensation range established for any pay grade shall be the range for all positions assigned by job title to that pay grade. The rates set forth in Schedule B shall constitute the Compensation Plan of the Town within the meaning of Section 108A of Chapter 41 of the General Laws. 6.2.1. Total Compensation - The rates shown in Schedule B shall constitute the total remuneration for any position including pay in any form unless a specific exception is noted. The schedule does not include actual and authorized expenses necessarily incident to the employment. No employee shall receive compensation in any form from more than one department, subject to waiver by the Town Manager for specific circumstances. 6.2.2. Positions Funded by Grants - Individuals serving the Town, who are funded by State or Federal programs, shall be compensated at rates set forth in the Compensation Plan, unless the program mandates another rate of pay. Employees, whose pay may be funded in part by State or Federal programs subject to approval by Town Meeting, may be supplemented in an amount recommended by the Town Manager which is necessary to properly relate them to the appropriate job title and pay grade in which they are to perform. 6.2.3. Cooperative, Training or Seasonal Employees - Cooperative or placement training college students and seasonal employees serving the Town shall be compensated at rates established by the Town Manager. 6.2.4. Starting Pay Rates - Individuals shall be paid no less than the minimum pay rate of the applicable grade. Consideration of a starting salary above the minimum must be based on skill and /or experience. Starting pay rates which exceed Step 4 8 must have prior approval by the Board of Selectmen. 6.2.5. Out of Classification Pay - An employee who is assigned in writing by the Department Head or the Town Manager to perform all of the job duties, and not merely individual tasks of a higher position, and replaces an absent employee for more than three (3) consecutive work days, shall be paid at the lowest step in the grade of the absent employee that will ensure an increase of 5% over their base pay. 6.2.6. Overtime Compensation - Overtime at the rate of time and a half shall be paid to non - exempt employees for the number of hours worked in excess of forty (40) or thirty seven and one -half (37 1/2) hours whichever is the regular work week of the employee. 6.2.7. Compensatory Time for Non - Exempt Employees - By mutual agreement between a Department Head and an employee, compensatory time in lieu of sash pay may be substituted on a time and a half basis for the number of hours worked in excess of forty (40) or thirty seven and one -half (37 ' /z) hours whichever is the regular work week of the employee. The mutual agreement must occur before the work is performed. Compensatory time off may be accumulated to a maximum number of hours as an employee's regular- work week and must be scheduled by mutual consent of the employee and the Department Head. U DRAFT 08 -26 -09 6.2.8. Compensatory Time for Exempt Employees - The Town recognizes that exempt employees as noted in the Giassifiration PlaR c hedu e A are often required to work in excess of thirty seven and one -half (37 1/2) hours or forty (40) hours. Exempt employees recognize that the nature of exempt work is such that additional hours may be necessary to accomplish the requirements and responsibilities of the job. Situations where exempt employees may not normally be eligible for compensatory time off include, but are not limited to, sporadic extra time to keep projects on schedule, attendance at evening meetings with Town Boards, Committees and Commissions and extra time required to catch up on routine work. Situations where exempt employees may qualify for compensatory time off include, but are not limited to, sustained extra effort where the employee is requested by his/her Manager to work extra hours with little or no discretion on the employee's part as to whether or not to work or to schedule the work at a different time, and additional hours generally worked under a predetermined planned schedule arranged in advance. By mutual agreement between a Department Head and an exempt employee, compensatory time is available at a rate of hour for hour. A maximum of one (1) week of compensatory time per calendar year may be utilized. Compensatory time will be taken with the Department Head's approval at the convenience of the Department, and no compensatory time will be carried over into a new calendar year. In the case of Department Heads, mutual agreement will be with the Town Manager. There shall be no payment of unused compensatory time at the end of the year. ARTICLE 7: EMPLOYEE GUIDELINES The Town of Reading expects its employees at all times to act in the best interests of the Town and its residents. This includes an expectation that all employees will meet the highest standards of ethics and honesty, that there will be no political activity on the part of the employee that could relate to the employee's position with the Town, and at all times the employee will act in a manner that will reflect well upon the employee and the Town. Section 7.1- Nepotism: When in the normal selection process, relatives of Town employees or officials are considered for appointment or promotion, the Town Manager will be notified by the Department Head. No person shall be hired or promoted based upon their family relationship to another Town employee. No employee shall be in a position that provides supervision over his/her relative. This policy is not for the purpose of depriving any person of an equal chance for employment with the Town, but is solely intended to eliminate the perception of or potential for preferential treatment of the relatives of government personnel. This policy will not be construed to deprive any person employed on December 14, 1987, the effective date of this policy, of any promotional right in normal career development nor change the existing status of any employee. However, the Town may modify schedules, shifts, squads or work units to eliminate any potential for conflict under this policy. Relatives, for the purpose of this policy, shall include all members of the immediate family including spouse, parents, brothers, sisters, direct line aunts and uncles and nieces and nephews, children, grandparents, grandchildren and in -laws. Cousins and aunts, uncles, nephews 9 J�, I ( DRAFT. 08 -26 -09 and nieces by marriage are not regarded as members of the immediate family for purposes of this policy. Section 7.2 - Harassment and Discrimination Prohibited: 7.2.1. Introduction - The Town of Reading's goal is to promote and 4hall maintain a working- environment that is free from discrimination and sexual harassment. Discrimination or sexual harassment of any individual by an employee of the Town in the performance of the that employee's duties, or in any way related to the that employee's duties, or discrimination or sexual harassment of an employee by another employee is unlawful, strictly prohibited and will not be tolerated by the Town. )Further, any retaliation against an individual who has complained about sexual harassment or discrimination or retaliation against individuals for cooperating with an investigation of a sexual harassment or discrimination complaint is similarly unlawful, will not be tolerated, and may result in disciplinary action The Town will take reasonable action to protect all parties and witnesses involved in this process from retaliation. To achieve the Town's goal of providing a workplace free from sexual harassment and discrimination, the conduct that is described in this policy will not be tolerated and the Town has provided a procedure by which inappropriate conduct will be dealt with, if encountered by employees Because the Town of Reading takes allegations of sexual harassment and discrimination seriously, we will respond promptly to complaints of sexual harassment and discrimination and where it is determined that such inappropriate conduct has occurred, the Town will act promptly to eliminate the conduct and impose such _corrective action as is necessary, including disciplinary action where appropriate. Please note that while this policy sets forth the Town's Izoals of promoting a work environment that is free of sexual harassment and discrimination, this policy is not designed or intended to limit the Town's authority to discipline or take remedial action for workplace conduct which the Town deems unacceptable, regardless of whether that conduct satisfies the definition of sexual harassment or constitutes discrimination. 7.2.2. - Definition of Sexual Harassment and Discrimination — Diserimination occurs when actions, procedures, policy'es or personnel treat an individual adversely solely on the basis of the individual's race, color, religious creed, national origin, sex, age, ancestry, sexual orientation or disability. Discrimination on the basis of sex shall include, but not be limited to, sexual harassment. Harassment on the basis of an individual's race, color, religious creed, national origin, sex, age, ancestry, sexual orientation or disability includes any unwanted unwelcome physical or verbal action toward another that has the purpose or effect of creating an intimidating, hostile, humiliating or offensive working environment. Examples of actions that may constitute harassment include, but are not limited to; the following: ♦ Using racial slurs; ♦ Displaying symbols of hate; e Making generalizations about people; s Using stereotypes; ♦ Telling racial or ethnic jokes; ♦ Displaying pictures of a sexual nature; ,o v� (7/ DRAFT 08 -26 -09 o Making derogatory comments of a sexual nature. Sexual harassment is unwanted attention directed toward a person because of his or her gender. Sexual harassment in the workplace is unlawful and will not be tolerated. In Massachusetts, the definition of Ssexual harassment ineWdes means sexual advances, requests for sexual favors and other verbal, visual or physical conduct of a sexual nature where when: (a) 9 submission to or rejection of such advances, requests or conduct is made an implied or explicit term or condition of success in employment, or as a basis for employment conditions; or (b) The such advances, requests or conduct have the purpose or effect of substantially interfering with an individual's work performance- or creating an intimidating, hostile, humiliating or offensive working environment. Under these definitions, direct or implied requests by a supervisor for sexual favors in exchange for actual or promised job benefits such as favorable reviews, salary increases, promotions, increased benefits, or continued employment constitutes sexual harassment. The legal definition of %sexual harassment is broad and in addition to the above examples, other sexually oriented conduct, whether it is intended or not, that is unwelcome and has the effect of creating a work place environment that is hostile, offensive, intimidating, or humiliating to male or female workers may also constitute sexual harassment. ean inelude advanees, male, male to inale or female to female. While it is not possible to list all of those additional circumstances that may constitute sexual harassment, the following are some £examples oftiens - 4iat conduct which if unwelcome, may constitute sexual harassment depending upon the totality of the circumstances including the severity of the conduct and its pervasiveness: ire; but not limited to, the following unweleeme arationw. ® Unwelcome sexual advances whether they involve touching or not; ® Unwelcome leering or staring, whistling, catcalling or making offensive gestures or noises; Making suggestive remarks, sexual epithets, jokes of a sexual nature or using derogatory sexual terms; ♦ Displaying sexually suggestive offensive photographs, cartoons, illustrations, icp tur es or sex related objects; ♦ Blocking a person's movements; Unwelcome T- touching, brushing against the body, pinching, hugging, kissing or patting of the body;, P-pulling or lifting of clothing; or the ♦ Pressuring a person for dates, commenting on an individual's body, commenting about an individual's sexual activity, deficiencies or prowess or providing sex or information or discussing one's abou personal sexual experiences. DRAFT 08 -26 -09 All employees must take special note that, as stated above, retaliation ap-ainst an individual who has complained about sexual harassment, and retaliation against individuals for cooperating with an investigation of a sexual harassment complaint is unlawful and will not be tolerated by the Town of Reading. Victimizing harassment in the form of bullying or victimizing is will considered harassment under this policy. An employee is being bullied or victimized when he /she is exposed to negative actions on the part of one or more other employees, that have the purpose or effect of substantially interfering with the employee's work performance or creates an intimidating, hostile, or offensive empleyawftt work environment for the person. Examples of actions that may constitute victimizing harassment include, but are not limited to, the following: ♦ Physical threatening (bullying); ♦ Making comments about an individual's size, weight, height, etc.; o Making comments about an individual's perceived lack of intelligence; ♦ Making undue use of negative sarcasm toward an individual. 7.2.3. Complaints of Discrimination or Sexual Harassment Any employee who feels believes that he /she has been the victim of discrimination or sexual harassment has the right to file a complaint either in writing or orally. Complaints should be reported the incident to one of the following people: 1. his/her supervisor or the next level of superior in the Department, or 2. Human Resources Administrator (781) 942 -9033 Town Hall 16 Lowell Street Reading, MA 01867, or 3. Town Manager (781) 942 -9043 Town Hall 16 Lowell Street Reading, MA 01867, or 4. It is suggested, but not required, that an employee fill out a Complaint Form, which is available in the Persexnel Human Resources Office. The Human Resources Administrator or the Town Manager are also available to discuss any concerns you may have and to provide information to you about the Town's policy on discrimination and sexual harassment and the complaint process.. 7.2.4. Investigation - All complaints, verbal or written will be promptly investigated in a fair and expeditious manner. Within three (3) working days of receiving a ri iefmal verbal complaint or a written Meted Complaint form, an investigator designated by the supervisor, Department Head, Human Resources Administrator or Town Manager shall meet with the subject of the reported discrimination or sexual harassment and begin the investigation. Any employee involved in an incident of discrimination or harassment can expect that: (1) the complaint will be taken seriously and will be appropriately investigated; (2) the 12 q 4 DRAFT 08 -26 -09 investigation will begin promptly and proceed in a timely manner; (3) steps will be taken to stop any discriminating or harassing behavior and (4) due process rights will be respected. The investigation will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances. Complaints will be addressed in a confidential manner to protect the privacy of all individuals involved. Information provided under this policy will be disclosed with others on a need -to -know basis only. However, in order for the Town to take appropriate action, it may be necessary for the Town to disclose the complaining individual's name to the accused employee, and for the complaining individual to provide testimony before the accused employee in the presence of the appropriate authorities. The complaining individual alleged N46 and the accused employee may, if applicable, request union/association representation to assist him/her through the complaint process, in accordance with any process in any union contract that addresses the issue of an investigative procedure. After conducting an appropriate investigation, the investigator will determine whether the sexual harassment and discrimination policy has been violated and, if so, determine the severity of the behavior. To the extent appropriate, the Town will inform the person filing the complaint and the person alleged to have committed the conduct of the results of that investigation. 7.2.5. Disciplinary Action - If it is determined that inappropriate conduct has occurred, the Town will act promptly to eliminate the offending conduct and where appropriate, disciplinary action will be .imposed. ter — this —tom severity, tThe investigator will recommend to the employee's supervisor, Department Head, Human Resources Administrator or Town Manager the appropriate action to resolve the situation including, but not limited to, the following: ♦ Verbal warning or reprimand; ♦ Verbal or written apology to the alleged victim; Written warning or reprimand entered into the employee's file; ♦ Conference with the alleged victim; ♦ Attending required counseling; o Receiving a letter from the alleged victim; or ♦ Suspension, demotion or dismissal " teFmina+ien ef °mpley °"' subject to collective bargaining agreements and applicable Federal, State and local law and bylaws. These actions are not to be considered as progressive actions but rather may be taken in any order or combination to effectively deal with the situation. Any action except for a verbal warning or reprimand, a verbal or written apology to the complaining individual alleged, or a written warning or reprimand entered into the employee's file, shall be handled by the Town Manager. A written warning or reprimand, the requirement to have a conference with the alleged v complaining individual, the requirement to attend counseling sessions, the receipt of a letter from the complaining individual alleged ` iet , or suspension or termination will all be documented in the accused employee's personnel file. DRAFT 08 -26 -09 (1) the eaffTlaint will be taken ser-iously and will be appropriately investigated; (2) the any diser-kninaling or- harassing beha-vier- and (4) "e.pr-eeess rights will be r-espeet 4welved. 144matien -pr-e-vided ---..d-er- this pokey m411 be diselesed with others an a need to k.qew basis enly. Hewever, in order for- the Town to take appropriate aetion, it may be neeessar-y for- the Town to disclose the allege-d i yietifn to testify before the aecused employee in the pr-esefiee- "41- 7.2.6. State and Federal Remedies - In addition to above, Any 4+o,,.,,,+ by a-n aetion. The Town will take reasonable aetion to proteet d witnesses kwolved in A any person who believes feels that they have been subjected to sexual harassment orhe/she the ^+i discrimination ^ hafas °meat may, � - Ka; +,e +e file a formal complaint with either or both of the governmental agencies set below: Massachusetts Commission Against Equal Employment Opportunity Discrimination "MCAD" Commission "EEOC" 1 Ashburton Place, Room 601 john F. Ke 475 J.F.K. Federal Boston, MA 02108 Building, Government Center. (617) 994 -6000 Boston, MA 02114 02203 -0506 (61� ) 727 33990 (617) 565 -3200 Each of these agencies has a short time period for filing a complaint. (Equal Employment Opportunity Commission, 300 days; Massachusetts Commission Against Discrimination, 300 days 6 -month) For claims of harassment against the Town Manager, see Article 5 of the Reading Home Rule Charter. Section 7.3 - Conflict oflnterest : All employees shall comply with the State Conflict of Interest Law in all respects. In addition thereto: 1. Outside Employment - No employee shall accept outside employment if such outside employment directly interferes with an employee's performance. No employee shall receive or request compensation from, or act as an agent or attorney for anyone other than the municipality in relation to any matter in which the Town is a party or has a direct and substantial interest. 2. Solicitations and Acceptance of Gifts, Gratuities, Fees, Loans, etc. - No Town employee, acting in his/her professional capacity on behalf of the Town, shall solicit or accept any personal gift, gratuity, loan, fee or other thing of value. Employees may accept fees for work done on their own time provided the individual or group engaging the employee has no contractual relationship with the Town. No employee shall solicit any gift or gratuity from another employee. 3. No employee shall use or attempt to use his/her official position to secure unwarranted privileges or exemptions for him/herself or others. 14 q .,� I � DRAFT 08 -26 -09 4. No employee shall, by his/her conduct, give reasonable basis for the impression that any person can improperly influence or unduly enjoy his/her favor in the performance of official duties, or that he /she is unduly affected by the kinship, rank, position or influence of any party or person. Employees should be aware of the Policy on Defense of Actions Brought Against Public Employees, available from the Town Manager, which the Board of Selectmen adopted and was effective as of July 1, 1996. Section 7.4 - Political Activity: It shall be the policy of the Town to appoint, promote, demote and remove all employees without regard to political considerations. The political opinions or affiliations of any resident shall in no way affect the amount or quality of service a resident receives from the Town. Town employees shall not engage in any political activities including, but not limited to, campaigning for themselves or individual candidates, or campaigning for support of or opposition to ballot questions, during working hours, nor in uniform nor on Town property (except in locations designated by the Town Manager), nor using Town resources including office space, equipment, vehicles, uniforms, etc. Employees shall not directly or indirectly use or seek to use the authority or influence of their positions to control or modify the political action of another person. Any employee may, on his/her own time, and without the use of any Town resources, advocate for or against any ballot question. Town resources include office space, equipment, vehicles, uniforms, etc. Town employees may not participate in fund raising for any ballot question, may not solicit or receive any political funds from anyone, may not give, solicit, or receive political funds in any public building, and may not serve on any steering committee or as treasurer of any group that has as its purpose fund raising for any ballot question or candidate. Nothing in this section shall be construed to prevent Town employees from becoming or continuing to be members of any political party, club or organization; attending political meetings during non - working hours, and not in uniform; expressing their views on political matters during non - working hours; circulating petitions on public questions or voting with complete freedom in any election. Section 7.5 - Use of Town Property: The use of Town property and supplies for personal use is not permitted. Personal telephone calls shall be limited in number and duration and in the event that a personal call is necessary, the Town will be reimbursed for its cost (if any). Section 7.6 - Druq Free Workplace: The Town of Reading workplace shall be drug -free. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited on Town - owned property. Employees who violate this condition of employment will be subject to appropriate personnel action up to and including termination. Every employee will be made aware of the dangers of substance abuse in the workplace, and will be notified of the intent to maintain a substance -free workplace. Every employee will be notified of the availability of drug counseling rehabilitation and any other employee DRAFT 08 -26 -09 assistance activities that may exist. The penalty for drug abuse or substance abuse, such as conviction for a violation occurring in the workplace, may be required participation in a program approved for drug abuse rehabilitation by the Federal, State, or local health agency. As a further condition of employment, employees will abide by the terms of this statement, and notify the Town Manager of any criminal substance abuse conviction no later than five (5) days after such conviction. ARTICLE 8: CHANGE OF EMPLOYMENT STATUS Section 8.1- Transfer: A transfer takes place when an employee is assigned to a different job title with the same level of responsibility and at the same pay grade. A transfer may be either voluntary or involuntary. Employees who desire to voluntarily transfer within the Town may do so upon approval of the Town Manager if a position vacancy exists, and if the supervisor, of the vacant position finds the employee qualified. A request for voluntary transfer to a different department shall be submitted in writing to the Town Manager, who shall review the request with the Department Heads, and make a finding regarding the employee's suitability for the position. ��g = - _ _ _ _. ARTICLE 8: CHANGE OF EMPLOYMENT STATUS Section 8.1- Transfer: A transfer takes place when an employee is assigned to a different job title with the same level of responsibility and at the same pay grade. A transfer may be either voluntary or involuntary. Employees who desire to voluntarily transfer within the Town may do so upon approval of the Town Manager if a position vacancy exists, and if the supervisor, of the vacant position finds the employee qualified. A request for voluntary transfer to a different department shall be submitted in writing to the Town Manager, who shall review the request with the Department Heads, and make a finding regarding the employee's suitability for the position. ��g DRAFT 08 -26 -D9 A request for voluntary transfer within a department shall be submitted in writing to the Department Head, who shall review the request, and make a recommendation to the Town Manager. Employees whose services in a given position are no longer required, or whose performance fails to meet Town standards, may be transferred involuntarily to a different position. Involuntary transfers shall be ordered in writing by the Town Manager after consultation with the Department Heads affected. A probationary period shall be mandatory following transfers. Employment status, benefits and anniversary date will not be affected by transfers. Section 8.2 -Promotion: Promotion is the advancement of any employee to a position with a higher level of responsibility. Promotions may be awarded through the filling of a vacancy in a higher grade. Promotions may be temporary or permanent. When an employee is promoted to a higher job classification, he /she will be placed in the appropriate grade for the new job at a step which will ensure no less than a 5% increase in pay. Promotions will be made by the Town Manager in consultation with the Department Head. A probationary period shall be mandatory following promotions. Employment status, benefits and anniversary date will not be affected by promotions. If an employee whose current position does not include time off benefits is promoted to a position that does include time off benefits, he /she may use sick time as it accrues during the probationary period. Section 8.3 — Demotion and Reassignment. Demotion is the assignment of an employee from one position to a position with less responsibility. Demotions may be ordered by the Town Manager in the following situat' as a disciplinary action; or 0 due to Aan unsatisfactory performance evaluation followed by continued unsatisfactory performance during the probationary period. The Town Manager may, following consultation with a Department Head, assign the demoted employee to a position with lower level of responsibility and /or lower level of pay. A probationary period shall be mandatory following a demotion. Employment status, benefits and anniversary date will not be affected by demotions. An employee may be reassigned from one position to a position with less responsibility. A reassignment may be ordered by the Town Manager because of o a R reclassification downward of an employee's position or e the R reorganization of the Town services. Employment status, benefits and anniversary date will not be affected by demotions. a reassignment. Section 8.4 - Lay -Off Lay -off is the involuntary separation of an employee from the Town's service because of lack of work, lack of funds or the discontinuance of a position. /e DRAFT 08 -26 -09 Lay -offs may be ordered for the above reasons, and may be for a definite or indefinite period of time. Lay -offs shall not be used as a disciplinary measure. Lay -offs shall be determined by the Town Manager in the following circumstances: ♦ Upon discontinuance or reduction of a Town program or service; ♦ As a means of reducing salary and wage costs in order to meet budget restrictions; ♦ Upon reorganization of a Department or operating unit of the Town. Lay -offs within positions performing the same functions shall be conducted in the following order: 1.Seasonal Employees 2.Temporary Employees 3.Part-time Employees 4.Full -time Employees Employees separated by lay -off shall be given first consideration for new vacancies which may develop in the Town service within two (2) years. Before ordering a lay -off, the Town Manager shall consult with the affected Department Heads. A determination shall be made on the number of positions to remain after the reduction in force is effected. Where possible, transfers, and demotions and reassignment shall be offered prior to lay -offs, beginning at the highest level where reductions need to be made and then proceeding downward in the table of organization. Employees in the same level shall then be evaluated in terms of performance and length of service to determine retention status. The Town will attempt, unless circumstances make it impractical, to give no less than thirty (30) days written notice to any employee whose job is being eliminated or reduced in hours. Section 8.5 - Resignation: Resignation is a voluntary action of any employee to terminate employment with the Town. A resignation shall be submitted in writing to the Town Manager with a copy to the Department Head at least two (2) weeks prior to the effective date of termination. If the at least two {2) weeks notice is not given, the employee shall be considered to have resigned not in good standing and shall forfeit any benefits accrued except as the -se prohibited by law. Oral resignation will be deemed binding but shall not constitute resignation in good standing. Section 8.6 - Retirement. All employees covered under the Retirement System shall be governed by the requirements and provisions of the System relating to retirement age and benefits. An employee contemplating retirement should notify the Human Resources Administrator in writing at the earliest date that such a decision is being considered, in order to be aware of what benefits may be available through early notice (6 months) of retirement. (See Sections 9.3 and 9.13.11 of these policies.) The employee should notify the Town Manager as soon as possible but not less than two (2) months before retirement. The employee should also apply to the Retirement System if pension benefits are available. DRAFT 08 -26 -09 ARTICLE 9: BENEFITS AND WORKING CONDITIONS The following benefits apply to all regular employees of the Town whose regular work week is twenty (20) hours or. more, unless noted differently in each section. Time off benefits shall be made available to part-time regular employees who work more than twenty (20) hours per week on a pro -rata basis. For example, if an employee works twenty eight (28) hours per week and the full time work schedule for the position is thirty seven and one half (37.5) hours per week, the employee will be entitled to 28/37.5 of the applicable benefits. A "day" of vacation would therefore be equal to 5.6 hours. No time off benefits are available to part-time employees who work less than twenty (20) hours per week. All time off benefits are determined on a calendar year basis. The Town will maintain a complete and accurate record of attendance for each employee, setting forth the amount of time off benefits available for the calendar year, the dates of time off benefits used and the amount of time off benefits remaining for the calendar year. Such record shall be available for inspection by the individual employee upon reasonable request and shall be reviewed periodically with the employee at least annually. The employee shall have the responsibility of reviewing the time off benefit record for accuracy and signing ^ff ° °i„t, +„ ,+s ,aeowaey. The Board of Selectmen may, from time to time, develop alternative benefit packages for Department and Division Heads. Section 9.1- Service Credit: Service credit, is used primarily to determine eligibility for vacation and other time off benefits. Service to the Town shall be determined as the service accrued by a regular employee, commencing from the date of employment, or benefit date if it is different from date of employment, which is uninterrupted except by vacation, military service, or other authorized leave of absence pursuant to Section 9.9 Family and Medical Leave Act, and Section 9.10 Leaves of Absence other than FMLA Leave. Termination for any reason shall constitute a break in service. If a former employee of the Town returns to the service of the Town and, completes at least five (5) years of continuous service following such return, the amount of continuous service immediately preceding the interruption of work for the Town shall be added to the five (5) years of current service to compute a new Service Credit date. Service credit is not granted for any period of time that the employee was a temporary employee or a part time un nonbenefited employee. The probationary period will count for service credit. An employee who has changed from regular part-time benefited status to regular full - time status will have service credit determined for the period of part-time service on a prorated basis. For example, if an employee worked six (6) years at 2/3 time, and then assumed a full - time position, the amount of service credit available for the part-time work would be four (4) years, and all hours of accrued vacation, personal leave or sick leave would be credited to the employee as earned. An employee who has changed from full -time status to part-time status will retain their full amount of service credit, and accrued hours of vacation leave, floating holiday leave and sick leave will be credited to the employee as earned. If the employee was eligible for and took sick leave buyback when he /she left the service of the Town, then the employee must repay to the Town the amount of money paid in sick leave 19 "t �, � �t DRAFT 08 -26 -09 buyback as a condition of being granted past accrued sick leave. The returning employee will be credited with the number of hours of sick leave that the buyback represented based on the rate of pay at the time of termination. Section 9.2 - Sick Leave: All regular full -time and regular part-time employees who work twenty (20) hours or more per week, shall be eligible for payment from accrued sick leave for time absent due to illness, injury, or medical appointments that cannot be arranged after regular working hours. A policy on the procedure for informing a supervisor and /or Department Head of illness or injury will be used in each department. Effective January 1, 2010 sick leave shall be- accrued -on the basis of 1 (one) 444 days per month of service beginning on the first day of the month of employment. Prior to January 1, 2010 sick leave shall accrue on the basis of 1 '/a days per month. Unused sick leave shall be accumulated from year to year without limitation. Up to five (5) days of accrued sick leave, not covered under Section 9.9 Family and Medical Leave Act, may be used by an employee to attend to a spouse, parent or child, or someone who lives in the same household as the employee, and who is ill. There will be no carry -over of this benefit from one calendar year to another calendar year. The Town Manager may extend the sick leave used in this manner beyond what is permitted. This extension of the leave will be granted only for extraordinary circumstances where such an extension is warranted. Such an extension will not set a precedent in any other case and denial of such a request is not subject to appeal. When absence by reason of sickness or injury is for a period of three (3) consecutive days or more, the Department Head may require the employee to submit a letter from a regularly licensed practicing physician giving the prognosis of the sickness or injury before the employee shall be entitled to sick leave with pay. The Town, at its expense, reserves the right to have a physician examine the employee. When absence is compensable under Worker's Compensation Law, an employee may, upon signing written authorization, be paid the difference between Worker's Compensation benefits and his/her regular base salary until part or all of his/her accumulated sick leave has been used. Sick leave used in this manner shall be charged at a rate of 0.4 days for each day the employee is on Worker's Compensation leave. An employee who is on paid vacation and who is hospitalized for an injury or illness, at his/her option and provided that he /she has sick leave available, may have his/her vacation time changed to paid sick leave for the period of the actual hospitalization. Section 9.3 - Sick Leave Buyback: All employees hired after August 31, 2009 are ineligible for sick leave buyback. Eligible Eeniployees hired prior to September 1, 2009 who terminate employment (except termination by the Town or resignation not in good standing) and who work twenty (20) hours or more per week, after seven (7) years of benefited employment, shall be paid for unused sick leave not exceeding one hundred (100) days at fifty percent (SO %) of his/her daily rate of pay at the time of their termination Sick leave buyback shall be paid to the estate o any employee who is eligible for it at the time of his/her death. (The section below was rewritten above. No change in content) DRAFT 08 -26 -09 Upon tefmination, (exeept termination by the Town or- resignation not in good standing) after- seven (7) yeafs of benefited empleyfnefA, a4i r-egaiaf fall time empleyees and r-eplaf paft fifne employees who work twenty (20) heur-s or- more per- week shall be paid for-Uffused siek leave not (50-OA) of his/her daily rate of pay in eff-eet exeeeding one hundr-ed (100) days at fifty per-eent the time of tennination. Siek leave buybaek shall be paid to the estate of any empleye� who is eligible for- it at t e time of hi/he - death. The following Positions have always been ineligible for sick leave buyback unless the employee fulfilled the criteria below. Appraiser Assistant Appraiser n Assistant Library Director . Assistant Town Manager /Finance Director Assistant Collector Assistant Town Clerk Assistant Treasurer Gelleeter Building Inspector Community Services Director /Town Planner Conservation Administrator Database Administrator DPW Business Administrator Elder/Human Services Administrator Fire Chief Forestry, Parks and Cemetery Supervisor GIS Coordinator Head Public Safety Dispatcher Health Services Administrator Highway /Equipment Supervisor Human Resources Administrator Library Director Library Division Heads Network Suppei Administrator Office Manager Police Chief Police Business Administrator Project Director Public Works Director Recreation Administrator Retirement Board Administrator /Assistant Town Accountant Technology Coordinator Town Accountant Town Clerk Town Engineer Town Planne Treasurer Collector Veteran's Agent Service Officer Water /Sewer Supervisor Water Treatment Plant Quality Supervisor Fer-.those p ns that are ineligible for- siek leave buoaek, see the.aeee4er-ated vaeatie Any employee among the above titles who as of December 14, 1987 (the time of the initial adoption of this policy) has already earned one hundred (100) unused sick days, and who was at that time eligible for sick leave buyback benefits, is grandfathered and will be compensated for sick leave buyback upon retirement or resignation. Those employees will n Any employee who is promoted to one of the above titles and was eligible for sick leave buyback before being promoted, will be compensated upon retirement or resignation for unused sick leave not to exceed one hundred (100) days at 50% of his/her daily rate of pay that was in effect prior to the promotion. Should a promoted employee have less than one hundred (100) days of unused sick time at the time of promotion, he or she will not be able to add days to that total. , oeiumn o f the „hart in c +i ^„ n 13.5. 21 4 -,� )-3 DRAFT 08 -26 -09 Section 9.4 -Advancement of Sick Leave: It is recognized that, under some circumstances, an employee may be ill or injured and not have adequate accrued sick leave to cover the incident. The Town Manager may, upon written request from an employee, with written endorsement from the employee's Department Head, advance up to two (2) weeks (10 working days) of sick leave to any regular full time or regular part time employee who works twenty (20) hours or more per week. Included in the consideration of approval of the advancement of sick leave will be: 1. The likelihood that the employee will be able to repay the advanced sick leave; 2. A pattern of abuse of sick leave which may be cause to deny the advancement of sick leave; 3. Whether the employee has used all accrued compensatory time or floating holidays. The Town Manager may require accrued vacation to be used prior to advancement of sick leave, depending upon the time of year the incident occurs and the amount of vacation time available; 4. Other factors that may be relevant to the issue of advancement of sick leave. Section 9.5 - Sick Leave Bank: A "Sick Leave Bank" shall be established and maintained for the purpose of protecting regular full time and regular part time benefited employees against loss of income due to long term illness or disability. 1. The Sick Leave Bank will be administered by a committee consisting of one (1) member to be elected from each of the constituent bargaining units that* elects to participate (Engineers Unit, Public Works Unit, Police Officers, Police Superior Officers, Dispatchers and others) and appointees of the Town Manager one less than the aggregate number of members representing the Unions. All members of the Sick Leave Bank Committee shall be participants in the Sick Leave Bank. 2. Employees eligible to withdraw sick leave days from the "Bank" Sick Leave Bank must make application to the Sick Leave Bank Committee. The Committee may review the employee's records of attendance kept by the Town. The Sick Leave Bank Committee's decision shall be by majority vote and shall be final and not subject to the grievance and arbitration procedure. 3. Sick leave days may be deposited in the Sick Leave Bank in the following manner: Any employee eligible to participate in the Sick Leave Bank shall contribute four (4) days of his/her accumulated sick leave to the "Ba-1 on Deeember- 3 July V of the year that the employee initially joins the "Bank" Sick Leave Bank. Employees will eentinue -to contribute two (2) days annually on r` ° ^ °m'' °r �' 'July 1st for the following four years, and then one (1) — V-110 day annually on July 1st thereafter, unless they give written notification to the Sick Leave Bank Committee by December I June 30t" that they wish to withdraw their membership in the Sick Leave Bank. 4. The Sick Leave Bank Committee may, with the approval of the Town Manager, vote to change the number of days contributed per year. If the number of hours in the Sick Leave 22 11, DRAFT 08 -26 -09 Bank falls below 10,000, or if the membership in the Sick Leave Bank fluctuates significantly, then the policy of contributing two (2) days yearly for all members may be reinstated. 5. Unlimited sick leave days may be credited to the Sick Leave Bank by all employees, provided that no employee shall contribute more than two (2) days per year unless approved pursuant to Paragraph 4 above. 6. In order to be eligible to apply to the Sick Leave Bank for withdrawal of sick leave days, the employee must have used up all of his/her own accumulated sick leave, and be a participant in the " " Sick Leave Bank. 7. In order to be eligible to make application to the "Bank" Sick Leave Bank, an employee must have suffered an illness or disability resulting in thirty (30) consecutive days of work missed; or resulting in five (5) days without pay, whichever comes first. That is, an employee with fewer than thirty (30) days of accumulated sick leave will not become eligible to withdraw sick leave from the " Sick Leave Bank until he /she has gone five (5) consecutive work days without pay due to the same illness or injury; any employee with accumulated sick leave in excess of thirty (30) days shall be eligible to receive days from the "Bank" Sick Leave Bank on the day following the exhaustion of his/her own accumulated sick leave. Paid vacation and /or floating holiday time may be allowed to be substituted for the five (5) days without pay. Notwithstanding the language in this paragraph, if an employee has missed thirty (30) days of work non - consecutively due to the same illness, then this paragraph may be waived by the Sick Leave Bank Committee. 8. The Sick Leave Bank Committee may require the employee to substitute paid accrued vacation and /or floating holiday leave for leave available from the Sick Leave Bank. 9. Any employee who is eligible for Worker's Compensation during the period of disability shall not be eligible for the use of the Sick Leave Bank. 10. Should the Sick Leave Bank be eliminated, all days accumulated inm -the lank shall be equally divided among the participants. 11. Applications to join or withdrawal time from the Sick Leave Bank may be obtained from any member of the Sick Leave Bank Committee or the Human Resources Administrator. Section 9.6 - Bereavement: 9.6.1. Up to five (5) days leave with pay will be granted by the Town Manager for death in the immediate family. Immediate family is defined as a spouse, parent, grandparent, grandchild, brother, sister, son, daughter, mother -in -law, father -in -law, daughter -in -law or son - in -law. 9.6.2. One (1) day leave with pay will be granted to any employee to attend the funeral or other memorial service of other members of his/her family defined as aunt, uncle, sister -in- law, brother -in -law, niece or nephew. 9.6.3. This benefit is available to all regular full time and regular part time employees who work twenty (20) hours or more per week 9.6.4. The Town Manager may extend grant the bereavement /emergency leave beyond what is permitted in 9.6.1, 9.6.2 or 9.6.3 above. This leave will be granted only for extraordinary circumstances where such an extension is warranted. Such an extension will not set a precedent in any other case and denial of such a request is not subject to appeal. ��a DRAFT 08 -26 -09 Section 9.7 - Military Leave: Employees who are regular employees and who serve in the Armed Forces of the Commonwealth, or as members of an organized unit of a ready reserve component of the Armed Forces of the United States, under orders, will be allowed the difference between base pay they receive for such service and their regular rate of compensation from the Town, in performance of the member's annual active duty for training requirements (e.g., the 2 or 3 week annual encampment). Employees shall be entitled, during times of service in the Armed Forces of the Commonwealth or during tours of duty as members of a reserve component of the Armed Forces of the United States, to be released from work, without compensation, in order to attend assigned weekly and week -end drills which require absence from normally scheduled work tours. Such absence for military duty must be in response to Federal or State authority; i.e., competent oral or written orders. with , and employees shall r-eeeive the same lea-,ve of absenee -er- ,,aeafien with pay given other- The Town, at its option, reserves the right to require the reservist to present written orders or suitable military documentation to support the military absence. Active (drilling) reservists are required to present their annual (or semiannual) unit training calendar to their supervisor within thirty (30) days of its publication. The employee will confirm his/her request for such military absence in accordance with existing Town policy for all other absences. In that all military absences cannot be forecasted so as to enable the reservist to comply with the Town's policy of advance notice, a reasonability standard will be applied. The reservist is required to give such reasonable notice, assuming he /she has been sufficiently informed by his/her military unit. In accordance with General Laws Chester 149 02A, an employee who is a member of an organized unit of the ready reserve of the anned forces who in order to receive military training with the armed forces of the United States not exceeding seventeen days in any one calendar year, leaves a position other than a temporary position in the employ of any employer, and who shall give notice to his employer of the date of departure and date of return for the purposes of military training and of the satisfactory completion of such training immediately thereafter, and who is still qualified to,perforni the duties of such position shall be entitled to be restored to his previous or a similar position with the same status, pay and seniority and such period of absence for military training shall be construed as an absence with leave. In addition such absence for military training shall not affect the employee's right to receive normal vacation sick leave bonus advancement and other advantages of his employment normally to be anticipated in his particular position. Militai-y absenees in perfeiqnanee of the menthly inaefive "y drills and the annual siek and apmua4 lea-veNaeation with pay, of any other- benefit ineidefft or advantage 0 empleyfn Additional short term absences will be in an approved leave without pay status, and as such will be in accordance with Town policy for all employees in such leave without pay status. If the employee desires to maintain his/her insurance benefit package, he /she may do so at his/her option by paying both his and the employer's shares (contribution). In the event the insurance benefits are suspended during the military absence, they will be re- instituted immediately upon the employee's return to paid work status. 24 DRAFT 08 -26 -09 Employment seniority for retirement purposes and benefits will not be decreased due to military absences in compliance with competent military authority. Military absences served in the capacity of active duty (per 10 USC), as a member of the active forces, are limited to a cumulative total not to exceed five (5) years. Active military service in excess of five (5) cumulative years denies the employee the statutory protection of the Federal Act protecting reemployment rights of returning veteran (38 USC, Ch. 43). Section 9.8 - Jury Service: Any employee shall be allowed leave to fulfill jury duty. If the jury fees, exclusive of travel allowances, received by said employee for such jury duty shall be less than the regular pay received by him from the Town, the difference between said fees, and regular pay shall be paid to such employee by the Town. However, as a condition to receiving such payment, the employee agrees that if discharged for a reasonable portion of regular work hours, the employee will report to his/her supervisor for such work as may be assigned. An employee performing such jury duty and who desires the benefits of this section may be required to present weekly to the Department Head a certificate by the Court or a duly authorized representative as to the time spent by the employee in such jury duty during such week. Section 9.9 - Family and Medical Leave Act: The provisions of the Family and Medical Leave Act of 1993 (FMLA) entitle an rri}'- - L- v a - va - - --) ••�� requires the Tewn to grant eligible employee to a total of twelve (12) workweeks to twelve (12). wor4weeks of unpaid leave during any twelve (12) month period for one or more of the following reasons: 1. P.,,,°„ W T ° The birth of a son or- d,,,,ghler and the care of the newborn child of the employee; 2. 4dee- leave: The placement with the employee of a son or daughter for adoption or foster care; 3 Family Tfeddip l Tea -ye: To care for the employe an immediate family member Jspous , se , ,aa,,&°~ child or parentl with a serious health condition; 9 Personal T d ra' al Leaye. Beea-use of serious health eeiiditien +1. + makes the employee unable te 13-6-m. the essential fun tiens of his or- her jab - To take medical leave when the employee is unable to work because of a serious health condition; 5 A qualifying exigency (need) arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member of the National Guard and Reserves on active duty (or has been notified of an impending call or order to active duty) in support of a contingency operation, 6 Military caregiver leave (i.e. covered service member leave) to care for a service member with a serious iniury or illness incurred in the line of duty on active duty. Eligible employees who are the spouse, son, daughter, parent, next of kin (closest blood relative), are entitled to a special leave entitlement of up to 26 weeks to care for a covered service member during a single 12 month period. DRAFT 08 -26 -09 Leave qualifying as FMLA may either be requested by the employee or will be designated as FMLA leave by the Town when it appears that the reason for the leave fits the Family and Medical Leave Act. 9.9.2 — Definitions — The followin 1. Eligible Employee: An emplo months (consecutive or non - consecutive. seven years unless due to National Guai actually worked 1,250 hours (including 12 month period. 7 definitions apply to this Article: yee who has worked for the Town at least twelve provided that the break in service does not exceed -d or Reserve military service obligations), and has paid vacation and sick leave) during the previous 2 9.9.2 '*'inihtg of Twelve (12) Month Leave Period - The twelve (12) month period used for determining an employee's twelve (12) week FMLA leave entitlement will be a "rolling" twelve (12) month period measured backward from the date the employee begins the use of FMLA leave. The employee should submit a written request prior to the start of the FMLA leave. 3 Covered Service Member: A current member of the armed forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. A _ niq]Kvino Exigenev: Must be one of the following: a)_ short - notice deployment, b) arrangements, e) counseling,' 1) rest and recuperation, g) post - deployment activities, h) additional activities that arise out of active duty, provided that the employer and the employee agree, including agreement on timing and duration of the leave. 5 Serious Health Conditions: An illness, injury, impairment or physical or mental condition that involves: a) incapacity or treatment as an in- patient in a hospital, hospice, or residential medical care facility, or b) incapacity caused by a health condition requiring absence from work, school, or other regular daily activities for more than three calendar _days and requiring two visits to a health care provider, with the first visit within seven days of the onset and a second visit within 30 days of the capacity, or c) incapacity or continuing treatment by a health care provider 'for a chronic or long -term health condition requiring periodic health care visits for treatment (at least twice a year), or d) incapacity due to pregnancy or prenatal care, or e) incapacity that is permanent or long- termdue to a condition for which treatment may not be effective, or t) absences to receive multiple treatments for a condition that likely would result in an incapacity of more than three consecutive days if left untreated. 9.9.3 - Health Insurance Continuation - The Town will maintain health plan coverage for any employee who takes FMLA at the same level and conditions that would have applied if the employee had not taken leave. The employee must continue to pay his or her share of this coverage, either through payroll deduction or over the counter in the Treasurer's Office. If the 26 0 jp� DRAFT 08 -26-09 employee fails to return to work following the expiration of the period of FMLA leave, the employee will be obligated to pay to the Town the entire Town contribution to the employee's medical insurance plan for the entire period of FMLA leave, except in certain limited circumstances required by law. 9.9.4 - Benefits - The employee will not accrue any vacation time, sick leave, holidays, personal leave, floating holidays, clothing allowance, seniority, bereavement leave or other benefits during any unpaid part of leave. After returning from FMLA leave, however, he /she will receive all vacation time, sick leave, seniority and other benefits for which he or she was eligible prior to the start of the leave. 9.9.5 - Guarantee of Job - The employee will be able to return to his or her prior position or a position with equivalent benefits, pay and other terms and conditions of employment. An exception to this guarantee is that the highest paid ten percent (10 %) employees of the Town may be notified that their leave, or the continuation of their leave, would cause grievous economic injury to the Town and cannot be granted. If one of these employees elects not to return to work after such a notice, the Town may then deny later reinstatement. 9.9.6 - Limits - The following limits will apply to the leave granted under this Article: 1. Leave for the birth or placement of a child expires at the end of the twelve (12) month period beginning on the date of such birth or placement; 2. Leave for the birth or placement of a child or placement of a child for adoption or foster care may not be taken intermittently; 3. Leave for the birth or placement of a child or to care for a sick parent may be limited to a total of twelve (12) weeks when both a husband and wife work for the Town and are eligible for leave; 4. A son or daughter for whom family medical leave may be taken is one under 18 years of age or one who is incapable of self care because of mental or physical disability; 5. A son or daughter includes an adopted, foster or stepchild, a legal ward or a child of a person standing in loco parentis; 6. A parent includes biological or adoptive parents of an employee, or a person who stands or stood in loco parentis to an employee; 7. Spouse means a husband or wife under the Laws of the Commonwealth of Massachusetts; 8. The Town shall require the employee to substitute paid accrued vacation, floating holiday or sick leave for leave available under the Act; 9. Under this policy, an employee can only substitute paid sick leave for his or her own leave because of a serious health condition and not for that of a spouse, son, daughter or parent, except that which is allowed for family illness in Section 9.2; inpatient ear-e in a hospital, hespiee er- residential mediea4 ear-e faeility e ntifluing treatment b5 senatien; 44.10. When medically necessary, leave for a serious health condition may be taken intermittently. The Town may require an employee to provide certification for intermittent leave for planned medical treatment indicating the timing and duration of treatment. The Town may also require the employee to transfer to a position with equivalent pay and benefits which may better accommodate recurring periods of leave; 27 ��k DRAFT 08 -26 -09 4-2. 11. The Town may require thirty (3 0) days notice of planned medical treatment, or such notice as is practicable; 43. 12. The Town may require proof from a health care provider of a serious health condition of a family member or employee, to include: (a) The date on which condition commenced; (b) The probable duration of the condition; (c) The appropriate medical facts about the condition within the knowledge of the health care provider; (d) Either a statement that the employee is needed to care for a family member or that the employee is unable to perform the functions of his or her position; (e) In the case of intermittent or reduced leave for planned medical treatment, the dates on which treatment is scheduled and its expected duration; 4-4. 13. The Town may require the employee to obtain the opinion of a second health care provider of its choosing; a third opinion may also be sought which is to be approved by both parties and which is binding. The Town will pay for these opinions; 4-5. 14. The Town may require recertification of the serious health condition during a leave, and may require an employee to report on his or her status and intention to return to work; 4-6. 15. An employee must supply the Town with a fitness for duty note from a health care provider before a return to work from a serious health condition. Section 910 - Leaves of Absence other than FMLA Leave: The Town Manager may grant leaves of absence, other than leave under the Family Medical Leave Act leave, for good cause without pay to all employees. In reviewing requests for leave, consideration shall be given to: 1. The nature of the reason; 2. The employee's work record; 3. Impact on operation of the Town. The leave may be immediately canceled if the employee unilaterally does not comply with the terms of the leave agreed upon. All requests for leave must be in writing, and a recommendation by the Department Head in writing is required. The period of absence in excess of thirty (30) days shall not be included in an employee's time of continuous service in determining seniority, longevity and determining vacation. The rate of pay for an employee returning from a leave of absence shall be the applicable pay for the same position which the employee held immediately prior to the leave, if the employee is returning to the same position. Benefits will not accrue during a leave of absence in excess of thirty (30) days. Specifically, no paid holidays, vacation, floating holidays or sick leave will accrue. The Town will not make any payment toward an employee's health or life insurance plans for the period of the leave in excess of thirty (30) days. Employees have the option, however, of maintaining their coverage after the thirty (30) day period by paying the full premium cost. The Treasurer's Office must be notified by the employee if coverage is desired so that the premium cost can be paid directly by the employee for the period of the leave. kA &-/ DRAFT 08 -26-09 Section 9.11— Small Necessities Leave Act The Small Necessities Leave Act provides up to twenty -four (24) hours of unpaid leave during any 12 -month period to an eligible employee for the purpose of: 1. participating in school activities directly related to the educational advancement of the employee's child, such as parent- teacher conferences or interviewing for a new school; 2. accompanying the employee's child to routine medical or dental appointments, such as check -ups or vaccinations; and 3.. accompanying an elderly relative of the employee to routine medical or dental appointments and appointments for other professional services related to the elder's care, such as interviewing at nursing or group homes. This leave is in addition to any leave the employee may be entitled to under the Family and Medical Leave Act (FMLA). 9.11.1 Eligibili ty - The following shall be conditions for eligibility under this Section: e Those who have been employed for at least twelve (12) months; ♦ Those who have provided at least 1,250 hours of service, including paid vacation and sick leave in the twelve (12) month period prior to the leave request. 9.11.2 Timing of Twelve (12) Month Leave Period - The twelve (12) month period used for determining an employee's 24 hours of leave entitlement will be a "rolling" twelve (12) month period measured backward from the date the employee begins the use of the leave. 9.11.3 Limits — The following limits will apply to the leave granted under this section: 1. An employee is required to provide his/her employer with at least seven (7) days notice when the need for leave is foreseeable. If the need for leave is not foreseeable, the employee is required to provide the employer with such notice as is practicable under the circumstances. 2. The Town shall require the employee to substitute paid accrued vacation, floating holiday or sick leave for any of the leave available under this Act. However, an employer is not required to provide paid sick leave in any situation in which the employer would not normally provide such leave. 3. An employee may take leave under this Act on an intermittent or reduced leave basis. Section 9.12 - Holidays: 9.12.1. All regular full time and regular part time employees who work twenty (20) or more hours per week shall be entitled to the following eleven (11) holidays with pay when they fall within the regular work week: New Year's Day Martin Luther King Day President's Day Patriot's Day Memorial Day Independence Day Labor Day Columbus Day 29 Veteran's Day Thanksgiving Day Christmas Day X31 DRAFT 08 -26 -09 932.2. At the beginning of each calendar year the Town will notify employees on which week day a holiday will be celebrated if it is scheduled to fall on a weekend day. If-a holiday falls o falls on a Sunday, it will be raelebr-ated the fellowing Nlonda-y, 9.12.3. In the event a non - exempt employee is required to work on a Town - recognized holiday, he /she shall be compensated for the number of hours worked at double time. In the event an exempt employee is required to work on a Town - recognized holiday, he /she will be given an alternative day off within twenty eight (28) calendar days at the convenience of the Department. 9.12.4. A "floating holiday" is a day off to be taken at the employee's discretion with the prior approval of the Department Head. Each employee will be given two (2) floating holidays per calendar year, and the holidays must be used in that calendar year. A floating holiday will not be available to an employee during his/her probationary period. 9.12.5. In order to qualify for paid holidays, an employee shall have been employed on the last regularly scheduled work day prior to, and the next regularly scheduled day following such holiday. 9.12.6. An employee who is not scheduled to work on the day of a holiday shall take holiday time on one of his/her regularly scheduled days that week. 9.12.7. Any employee hired after May 31St and who has completed the probationary period before Jan 1" may carryover the prorated floating holiday hours into the following year to be used by June 30th Section 9.13 - Vacations: Paid vacations are available to all regular full time and regular part time employees who work twenty (20) or more hours per week. The following applies to all non - exempt employees as defined in Section 3.6.5. All exempt employees, as defined in Section 3.6.4, will be eligible for one more additional vacation week than described in Sections 9.13.1 through 9.13.5 below. See the chart below. 9.13.1. Vacation shall accrue at the rate of 5/6 days per month for the remaining portion of the calendar year in which the employee is hired. Thereafter, vacation will be advanced to an employee on January 1 for the entire calendar year. No paid vacation will be taken during the probationary period. 9.13.2. Two (2) weeks' vacation with pay will be advanced to all regular employees beginning January 1 after their employment. 9.13.3. Three (3) weeks' vacation with pay will be advanced to all regular employees beginning on the date of completion of their fifth year of continuous service. On January 1 of the year in which the completion of the fifth year of continuous service is to be met, the vacation advanced will be the two (2) weeks earned plus the prorated amount of the third week earned that year. 9.13.4. Four (4) weeks' vacation with pay will be advanced to all regular employees beginning on the date of completion of their tenth year of continuous service. On January 1 of the year in which the completion of the tenth year continuous service is to be met, the vacation advanced will be three (3) weeks earned plus the prorated amount of the fourth week earned that year. 30 �3y DRAFT 08 -26 -09 9.13.5. A fifth week of vacation with pay will be phased in for all regular employees who have completed their twentieth year of continuous service. On January 1 of the year in which the completion of the 20th, 21st, 22nd, 23rd or 24th year of continuous service are to be met, one (1) additional day each year of vacation in addition to the four (4) weeks previously earned will be advanced so that upon the completion of the 24th year of service, a total of five (5) weeks of paid vacation will be earned. VACATION SCHEDULE FOR ALL ELIGIBLE EMPLOYEES NUMBER OF VACATION RAYS Completed years of employment COLUMN A listed i COLUMN B Positions listed in the eh All positions not ehar-+ in Seetie„ 9.3 Non-Exempt Employees C +' 9.3 1-,' 1, ineligible °c- vvQCivr� � �i-rrciricr for- leave bijybaak siak Exempt Emu ees 0 -4 10 15 5 -9 15 20 10 20 21 11 20 22 12 20 23 13 20 24 14 20 25 (maximum) 15-19 20 20 21 21 22 22 23 23 24 24 25 (maximum) 9.13.6. The Town Manager may set a different vacation schedule based upon relevant years of service with another municipality, the Commonwealth of Massachusetts, or in the private sector. 9.13.7. Vacations must be taken within the calendar year. An employee advanced up to three (3) weeks vacation may elect to carry over one week of vacation into the next calendar year. An employee advanced four (4) weeks or more vacation may carry over up to two (2) weeks of vacation into the next calendar year. Any vacation carried over must be taken by June 30th of the next calendar year. All carry over must have prior approval of the Department Head. 9.13.-7-.8.Vacations are scheduled under the direction of the Department Head at the convenience of the Department. 9.13.8:9. If a holiday falls within the vacation period, one day will be added to the vacation. 9.13.10.Whenever the employment of a person is terminated during the year by dismissal through no fault or delinquency on his/her part, or by resignation in good standing, retirement or death, he /she or his/her estate shall be paid at the regular rate of compensation payable at the termination of employment, an amount in lieu of earned but unused vacation. � x,33 DRAFT 08 -26 -09 9.13.11.An employee who terminates employment with the Town and who has taken vacation in excess of that which has accrued (determined on the monthly accrual basis referred to in 9.13. 1) must compensate the Town for the excess vacation either directly or by withholding from paychecks. Employees who are retiring and give at least six (6) months notice will be entitled to the full year's paid vacation without pro- ration. This option is available only once. If, after giving six (6) months notice, an employee decides not to retire, the employee may not take advantage of this option again. Section 9.14. Group Health and Life Insurance Benefits: The Town complies with State Law regarding group health and life insurance. The Town will provide and may amend a package of group health and life insurance benefits to its regular full time and regular part time employees who work twenty (20) or more hours per week. Employees have a right to choose from among available medical benefits or may decline such benefits. The benefit-plan, if any, in effect for each employee at the time of retirement shall be the plan to which the employee is entitled. The Town recognizes the validity of a coalition bargained agreement dealing with the subject of group health and life insurance, and the Town and its employees recognize that, unless there is a chanIZe in State statutes to the contrary, they are bound by this agreement as it may, be modified through the coalition bargaining process from time to time. Section 9.15. Employee Awards: The Town may establish and operate, in accordance with Chapter 40 -5 -43 of the Laws of the Commonwealth, an Awards Program for Reading Town Employees to provide for the recognition of outstanding performance by an employee(s) as follows: 1. In making suggestions that result in cost savings to the Town, or providing better service to Town residents; 2. Act of bravery or heroism; 3. Development of a more efficient manner of performing required jobs; 4. Provision of outstanding service to the Town or its residents; 5. Accomplishments of an outstanding nature in the employee's profession; 6. Other similar areas that shall be determined from time to time. The Reading Employee Awards Committee (REAC) shall consist of the Town Manager; one employee from each department appointed by the Town Manager for staggered three (3) year terms, and a member of the Board of Selectmen appointed by the Board for a one (1) year term. The REAC shall also administer special employee awards as may be established. Receipt of an employee award shall be entered in the employee's permanent personnel record. Section 9.16. Employee Assistance Program: The Town of Reading may offer its regular employees and /or their immediate families an Employee Assistance Program hereafter known as "EAP ". The goals of this program are: ��g,3 N DRAFT 08 -26 -09 1. To retain valued employees; 2. To restore productivity through early identification of personal problems; and 3. To motivate employees to seek help with life management problems. The EAP consists of an outside counseling group retained by the Town to provide professional counseling and referral services. Their trained personnel can quickly assess an employee's problem, provide short-term counseling and /or referral and follow -up services until the problem is resolved. Talking to an EAP counselor is free. Costs occur to the employee only if professional help is recommended by the counselor. Most professional services will be covered, either partially or totally, by the employee's existing health insurance. Information on the EAP will be posted prominently, will be available in all Town buildings, and will be available from Department Heads and the Personnel Human Resources Division. An employee's private life is not the concern of the Town. However, when an employee's personal life problems and stress begin to affect his/her job performance or attendance, the matter becomes a justifiable concern of the Town. When an employee's job performance is impaired, normal supervisory assistance will serve as the motivation by which employee's job performance will return to an acceptable level in most cases. In those cases where normal remedial or supervisory assistance does not correct performance problems, outside or personal problems may be the cause. The Town encourages all employees experiencing physical illness, mental or emotional distress, financial hardships, marital or family difficulties, substance abuse or addiction, legal problems or any other concerns, to seek appropriate help. In most cases, identifying the problem and receiving appropriate assistance will lead to its successful resolution. The Town supports and encourages employees in their efforts to resolve personal or family problems. The Town believes an employee's job performance may be affected by the problems of family members. For this reason, the Town extends the same offer of assistance to the immediate family of all regular employees. All contacts with the Employee Assistance Program are completely confidential. Records are kept at the EAP offices, and may not be released without the employee's written consent. The Town's concern with life management problems is strictly limited to an employee's job performance. Employees are assured that their job security, future reputation or promotional opportunities will not be jeopardized by participation in the EAP. Participation in the EAP is, however, voluntary. In cases where a supervisor has suggested the services of the EAP, the employee may elect not to take advantage of it. Where disciplinary action has been initiated, such procedures will continue. Disciplinary action may continue whether or not an employee participates in the EAP. If an employee does take advantage of the EAP, it still remains the employee's responsibility to meet job requirements. The EAP is meant to be a positive adjunct for employees, not a way to excuse substandard performance. 33 1 < DRAFT 08 -26 -09 Section 9.17. Employee Development It is the policy of the Town of Reading to encourage employee development on the part of regular full time and regular part time employees when the employee development will enable them to better perform their current jobs, and when it will prepare them for advancement and promotion within the Town. Employee development may include conferences, seminars, non - accredited courses, accredited college courses, college courses while enrolled in a degree program and enrichment programs offered by the Town. In order to encourage employee development, the Town will pay for costs reasonably related to the programs included in the definition of continuing education. These costs may include tuition, registration and books and publications. Parking, mileage or other transportation, meals and lodging, if the program is away from the immediate area, will be evaluated on a case - by -case basis, and may be paid when the employee development is directly related to the existing job of the employee and is not part of a degree program. Attendance at employee development programs is dependent upon the following: 1. The employee must have completed the probationary period; 2. The employee development program must be related to the employee's current job or a job that can reasonably be expected to be available with the Town in the near future; 3. Adequate appropriation in the Municipal Budget dedicated to employee development; 4. The Division or Department Head must feel that attendance at the program will not adversely affect the functioning of the Division or Department in the employee's absence; 5. Application to attend the program must be made in writing and approved by the Division and Department Head and the Town Manager in advance of the beginning of the program; 6. The employee must complete the program with a grade of "C" or better with satisfactory completion of the course if the course is ungraded. An employee development program that is directly related to a current job held by an employee may be taken during working hours: Section 9.18. Office Closings: In extreme cases, the Town Manager may order the closing, late opening or early closing of non - essential buildings such as the Town Hall or the Library: r h elesi gs will be a on leeal radio and television stations, and e Every effort will be made to contact employees directly either by "telephone trees" or electronic notification. In such instances, employees will not be charged for the time off, but neither will employees who had already arranged for paid time off be credited with that time. In cases of severe weather and driving conditions, the Town will exercise flexibility in arrival and leaving times, so long as the time is made up or charged to vacation or floating holiday leave. In cases where an employee feels personally at risk due to extreme weather conditions, or other extreme emergency, and an office closing has not been ordered, the employee may make up the time or take accrued vacation or floating holiday leave for that day or part of a day that he /she chooses not to come to work or chooses to leave early. 34 �r 3�' DRAFT 08 -26 -09 It is the responsibility of the Department Head to ensure that there is' adequate office coverage at all times when Town buildings are open for business. Section 9.19. Personal Property: The Town shall reimburse employees for the reasonable replacement cost of personal property (glasses, artificial teeth, watches, etc.) which is required by the job and damaged by accident in the course of employment. Employees should use all reasonable precautions to prevent loss or damage by accident to personal property. ARTICLE 10: DISCIPLINARYACTION Disciplinary action is the action taken as a result of unsatisfactory performance, absenteeism, or misconduct by an employee. Among those actions which may result in immediate suspension without pay, demotion or dismissal are the following: 1. Absence from duty for one (1) work day or more without notice and /or without approval of the employee's supervisor. This shall be termed a resignation not in good standing; 2. Insubordination or serious breach of discipline; 3. Intoxication or use of alcohol, drugs or controlled hazardous substances while on duty; 4. Chronic or excessive absenteeism; 5. Disorderly conduct while on duty; 6. Breaking of any Town, State or Federal law while at work; 7. Conviction of a criminal act or offense; 8. Negligence, willful damage or private use of public property or of public supplies; 9. Use or attempt to use one's authority or official influence to control or modify the political actions of any Town employee, or engaging in any form of political activity during working hours. This list is for illustrative purposes only. Action for the offenses listed below will generally be taken in the following order: oral reprimand, written reprimand, suspension with or without pay, demotion and dismissal. The Town reserves the right to take any form of disciplinary action, including dismissal, for any offense depending on the seriousness of the offense, or where it believes the public health, safety, or welfare warrants other action or where the Town Manager believes other action is necessary. 1. Neglect of duty; 2. Failure to report to work after authorized leave has expired, or after such leave has been disapproved or revoked; 3. Incompetence or inefficiency; 4. Willful violation of any statutes, rules, regulations, Departmental regulations, or policies relating to Town employees. DRAFT 08 -26 -09 Oral reprimands may be administered by the Department Head or by the Town Manager. An employee who is issued an oral reprimand will be specifically informed of the oral reprimand, and the Department Head may keep a written notation of the oral reprimand although that notation will not be kept in a personnel file. A written reprimand may be issued by the Department Head with a copy to the Town Manager, or by the Town Manager directly with a copy to the Department Head, and a copy will be included in the personnel file. All other forms of discipline will be administered by the Town Manager upon consultation with the Department Head. A record of all disciplinary action (except for oral reprimands) will be included in the employee's personnel file. Any employee being disciplined shall have a right to be informed of the charges and penalties assessed, and shall have a right to discuss these with the Department Head or Town Manager, whoever is administering the discipline. Appeal from a disciplinary action may be made in accordance with Article 11. ARTICLE 11: COMPLAINTS PROCEDURE All differences, disputes and complaints that may arise. between Town employees and their respective Departments shall be considered at reasonable times during working hours and handled in the following steps: Step 1- Within seven (7) calendar days following the incident which gave rise to the complaint, the aggrieved employee may take his/her complaint to the immediate supervisor for resolution. If the matter is not resolved to the satisfaction of the employee within two (2) working days, the employee may proceed to Step 2. Step 2 - Within seven (7) calendar days following the completion of Step -2 1, the employee may meet with his/her immediate supervisor and the appropriate Department Head to resolve the complaint. If the complaint is not resolved to the satisfaction of the employee within seven (7) calendar days, the employee may proceed to Step 3. Step 3 - Within seven (7) calendar days following the completion of Step 2, the employee may notify the Town Manager, in writing, of his/her complaint. If the complaint is not resolved to the satisfaction of the employee within fourteen (14) calendar days, the complaint may proceed to Step 4. Step 4 - Within seven (7) calendar days following the completion of Step 3, the employee may request a meeting with the Board of Selectmen. The meeting shall be held within twenty eight (28) calendar days of the request. The decision of the Board of Selectmen shall be final and binding upon all parties concerned. All differences, disputes and complaints that may arise between Library employees and their supervisors shall be handled in the manner stated above, except the Board of Library Trustees shall be substituted for the Town Manager in Step 3. ARTICLE 12: CONFLICT WITH CIVIL SERVICE AND OTHER REGULATIONS Nothing in this Policy shall be construed to conflict with Chapter 31 of the Massachusetts General Laws. f) 36 j( W DRAFT 08 -26 -09 To the extent that these policies conflict with applicable Civil Service or other requirements, and the Civil Service or other requirements are binding on the Town, the Civil Service or other requirements shall apply only to the extent that there is a conflict. Generally to the extent there is any conflict between the terms of these personnel policies and the Charter or the By -Laws, the terms of the Charter or the By -Laws shall control. If there is any conflict between the terms of these personnel policies and any written or collective bargaining agreement, the terms of the written contract or collective bargaining agreement shall control only to the extent that there is a conflict. ARTICLE 13: EFFECT OF INVALIDITY The invalidity of any section or provision of this policy shall not invalidate any other section or provision thereof. ARTICLE 14: EFFECTIVE DATE This policy is effective as of the date it is approved by the Board of Selectmen. This policy will not be construed to deprive any person employed at the effective date of this policy of any promotional right in normal career development, nor change the existing status of any employee. However, the Town may modify schedules, shifts, squads, or work units to eliminate any potential for conflict under this policy. Original Adoption: December 1988 Revised: December 18, 1990 September 13, 1994 August 26, 1997 December 14, 1999 April 15, 2003 The following schedules are available from the Human Resources Administrator. Schedule A -1, Classification Plan Schedule B -1, Compensation Plan Schedule A -2, Classification Plan - Seasonal Employee Schedule B -2, Compensation Plan - Seasonal Employee 37 k3�1 Page I of I Marino, Lillian From: HechenbleAkner,Peter, Sent: Friday, August 28, 2009 8:54 AM To: Marino, Lillian Subject: FVV: additional liquor license Include before the liquor licenses _ From: Ellen Doucette [maiKo;eodoucette@bnsokett|ucos.con] Sent: Thursday, August 27,2OO92:11RM To:Hechenbleiknar Peter Subject: Re: additional liquor license The process is as stated with the exception of the ballot question. I recently prepared a home rule petition for additional licenses in another community, and in speaking to Attorney Bill Kelley, ABCC's general counsel, he suggested skipping the ballot question because it isn't absolutely necessary if you do special legislation unless the town requests it and includes it in the special legislation. He also suggested contacting the Joint Committee on Consumer Protection and Professional Licensure at the State House to ascertain if there is any specific language they would like with respect to such special legislation because that's the committee it will end up in. The Selectmen should also consider if they want to restrict the additional license to specific area of the town, which vve could do, and, special |egkslationcou|dbofi|edthotgiveodheodditioma)}icansetoamoecifio|iceneeeat a specific address. |nen provide you with sample legislation that has passed if you would like hosee it. Ellen Ellen Callahan Doucette, Esq. Brackett &cLucas lA Cedar Street Worcester, NIA 01609 (508) 799-9739 (508)70A-970QFacsimile -- OhgimdMaonage -- From: Hechenbleikner, Peter Sent: Wednesday, August 28.2OOS4:28PN1 Subject: additional liquor license The Board of Selectmen is interested in knowing what the process is for getting a home rule petition to add a package store license (not willing to wait until the 2010 census to see if we qualify). KXyundermtnnding/reoo|}action is: • Board of Selectmen to put the issue on oTown Meeting warrant * Town Meeting approval ofa home rule petition • Legislative approval of home rule petition Pete bl L ^ �� , K v � 8/28/2009 LEGAL NOTICE TOWN OF READING To the Inhabitants of the Town of Reading: You are hereby notified that an application for an All Alcohol Package Store License has been -made for Wine Nation MA, Inc. d/b/a Wine Nation. The application is for the premises. at 40 Walkers Brook Drive, Reading, Massachusetts. Under the provisions of Chapter 138, Section 15 of the Massachusetts General Laws, a public hearing will be held concerning such application by the Board of Selectmen .'on Tuesday, September 1, 2009 at 9:00 p.m. in the Selectmen's Meeting Room, 16 Lowell. Street, Reading, Massachusetts. All interested pqrties are invited to attend or submit their comments in writing, or by email to Town Manager at townmanager@ — ' ading- ma.us, prior to 4:00 p,m. on September 1st. -By order of Peter I. Hechenbleikner Tdwn Manager 8/18 qGZ. 2460570000000010 2460570000000020 SALEM FIVE CENTS SAVINGS BANK IODICE MICHAEL F JR TR A MASS CHARTERED SAVINGS BA M J II REALTY TRUST 210 ESSEX ST 29 CRAFTS ST STE 250 SALEM, MA 01970 NEWTONVILLE, MA 02160 246057000000012& ZANNIDORO M TR LAKEXGA ALTY TRUST 22 LA WAVE RE 01867 24605 7000000012& ZANNI DO OT Y M TR LAKEVIEW rA01867 TY TRUST 22 LAKEVI E READING, 246057000000021A 2460570000000211 HD DEVELOPMENT OF MARYLAND JORDAN'S FURNITURE INC INC ATTN A/P DEPARTMENT HOME DEPOT USA INC 450 REVOLUTIONARY DRIVE 2455 PACES FERRY RD E. TAUNTON, MA 02718 ATLANTA, GA 30339 246057000000023& 246045000000001& WALKERS BROOK CROSSING LLC DANIS GEORGE E, TR C/O MARVIN F POER & CO DANIS READING REALTY TRUST PO BOX 802206 PO BOX 672 DALLAS, TX 75380 READING, MA 01867 2460460000000030 BOSTON GAS COMPANY DBA NATIONAL GRID PROPERTY TAX DEPT WALTHAM, MA 02451 2460460 00000100 25 WBD L C DICKINSO ELOPMENT CORP 1266 F AC ROOK PARKWAY QU CY, MA 02 69 2460460000000080 BROOKVIEW INVESTMENTS LLC 15 THIRD AVE BURLINGTON, MA 01803 2460570000000270 BLACKSMITH ENTERPRISES II LIMITED PARTNERSHIP 88 WALKERS BROOK DR READING, MA 01867 2460570000000110 ZANNI DOROTHY M TRUSTEE ZANNI DOMENICK JR. ETAL 1/4 22 LAKEVIEW AVE READING, MA 01867 2460570000000190 ZANNI HY M TR LAKE REALTY TRUST 22 VI W AVE READING, MA 01867 246057000000022& TWO WALKERS BROOK CROSSING LLC C/O DICKENSON DEVELOPMENT 1266 FURNACE BROOI{ PKWY QUINCY, MA 02169 -4758 2460460000000010 25 WBD C 1266 FURN BROOK PARKWAY QUIN A 0 76 2460460000000090 READING PLAZA LLC C/O ARIN REALTY CO INC PO BOX 610227 NEWTON HIGHLANDS, MA 024 q C-3 Ev NMI', 41* ol / MA 28 ) I 46 92 "/ . . ..... 68A -1Z 57 Nam 2z 9v l � i Nr rd �� ti�, 'k 10 Oki 17 G9 v . . . . . . . . . . . . . . . . . . . . . . . . . . . 4- > 8/19/2009 TOWN OF READING ABUTTERS LIST MAP`57 22 &= OWNER = = OWNER2 . __ MAILINGADDRESS _ _ _ _ _ _ . CITY =_ -. Si = ZIP -COT _ STONEHAM PLANNING BOARD 35 CENTRAL ST STONEHAM MA 02180 WAKEFIELD PLANNING BOARD 1 LAFAYETTE STREET WAKEFIELD MA 01880 LYNNFIELD PLANNING BOARD 55 SUMMER STREET LYNNFIELD MA 01940 MASS DEPT OF HOUSING & COM. DEV. ONE CONGRESS ST 10TH FLOOR BOSTON MA 02114 WILMINGTON PLANNING BOARD 121 GLEN ROAD WILMINGTON MA 01887 NORTH READING PLANNING BOARD 235 NORTH STREET NORTH READING MA 01864 WOBURN PLANNING BOARD 10 COMMON STREET WOBURN MA 01801 METRO AREA PLANNING COUNCIL MAPC 60 TEMPLE PLACE BOSTON MA 02111 PROP-ID OWNERI OWNER2 OWN_ADDR OWN-CITY OWN-STATE OWN-ZIP 2460570000000010 SALEM FIVE CENTS SAVINGS BANK A MASS CHARTERED SAVINGS BA 210 ESSEX ST SALEM MA 1970 2160 2460570000000020 IODICE MICHAEL F JR TR M J II REALTY TRUST 29 CRAFTS ST STE 250 NEWTONVILLE MA 1867 2460570000000110 ZANNI DOROTHY M TRUSTEE ZANNI DOMENICK JR ETAL 1/4 22 LAKEVIEW AVE READING MA 1867 246057000000012& ZANNI DOROTHY M TR LAKEVIEW REALTY TRUST 22 LAKEVIEW AVE READING MA 1867 246057000000012& ZANNI DOROTHY M TR LAKEVIEW REALTY TRUST 22 LAKEVIEW AVE READING MA 1867 2460570000000190 ZANNI DOROTHY M TR LAKEVIEW REALTY TRUST 22 LAKEVIEW AVE READING MA GA 30339 246057000000021A HD DEVELOPMENT OF MARYLAND INC HOME DEPOT USA INC 2455 PACES FERRY RD ATLANTA 2718 246057000000021B JORDAN'S FURNITURE INC ATTN A/P DEPARTMENT 450 REVOLUTIONARY DRIVE E. TAUNTON MA 02169 -4758 246057000000022 & TWO WALKERS BROOK CROSSING LLC C/O DICKENSON DEVELOPMENT 1266 FURNACE BROOK PKWY QUINCY MA 75380 246057000000023& WALKERS BROOK CROSSING LLC C/O MARVIN F POER & CO PO BOX 802206 DALLAS TX 2176 2460460000000010 25 WBD LLC 1266 FURNACE BROOK PARKWAY QUINCY MA 1803 2460460000000080 BROOKVIEW INVESTMENTS LLC 15 THIRD AVE BURLINGTON MA 24 2460460000000090 READING PLAZA LLC C/O ARIN REALTY CO INC PO BOX 610227 NEWTON HIGHLAND. MA 2169 2460460000000100 25 WBD LLC DICKINSON DEVELOPMENT CORP 1266 FURNACE BROOK PARKWAY QUINCY MA LIST PREPARED BY: Penni Dudley THE READING_ BOARD OF ASSESSORS ��5-Q R B RT 1. N DSTRAND, CHMN. (f �C` 2� RAL H . COLORUSSO, V. CHMN. FRANK J D N, SEC. OF READING POLICE DEPARTMENT 15 Union Street - Reading, Massachusetts 01867 ------ - - - - -- W Emergency Only: 911 All Other Calls: (781) 944 -1212 - Fax: (781) 944 -2893 Web: www.ci.reading.ma.us /police/ DATE: AUGUST 24, 2009 TO: CHIEF JAMES W. CORMIER FROM: SGT. DETECTIVE MARK D. SEGALLA RE: WINE NATION MA INC. — NEW LIQUOR LICENSE I received an application for a new liquor license for Wine Nation MA Inc., 40 Walkers Brook Drive, Reading MA. I reviewed the ABCC's Application in which Jill Trone, Thomas Trone and Wine Nation Inc. are listed on the application as the owners. Taylor Trone is listed as the manager. I conducted an RMV check in MA and Maryland on the Trones. There was no BOP or III record indicated. I conducted an RMV check on Tom Wilcox and Paul Cataldo. They are listed on the application as being on the board of directors. There was no BOP information on either person. I contacted the Montgomery County Maryland Liquor Control Board. This is the County where Wine Nation Inc. is located and the Trone's reside. They have no history on the company or the family. Based upon my research, I see no reason why the application should not go forward. y z67 I 1914-e tj c7 Page 1 of I Schena,PauUa From: Hmohenblsikner,Peter, Sent: Wednesday, August 26, 2009 1:12 PIVI To: Schena, Paula Sukjeot:FVV Liquor License C Board of Selectmen with license information From: ]ackDevir[maUtn net] Sent: Wednesday, August 26, 2009 11:49 AM To: Town Manager Subject: Liquor License In granting the license,please give Wine Nation MA,Inc.serious consideration. If this company is associated With Total Wine, they have a great selection and pricing. JohnDewir 38 Tamarack Rd ' .� � ~~ - ' 8/26/2009 Page 1 of 1 Schena, Paula From: Hechenbleikner; Peter Sent: Monday, August 24, 2009 9:16 AM To: Norm Berner, Jr Cc: Schena, Paula Subject: RE: Walkers Brook development Thanks Janice I'll see that this goes to the Board of Selectmen at the hearing. Pete From: Norm Berner, Jr [mailto:nbernerjr @comcast.net] Sent: Sunday, August 23, 2009 10:42 PM To: Town Manager Subject: Walkers Brook development Dear Peter: As the parent of a high school junior and a young 3 year old daughter, I wanted to speak for I believe many parents in town when I say we do not want a large liquor store in the former location of Bed Bath and Beyond. Within a few miles radius, there are numerous locations and small businesses at which to buy alcohol and it does not seem in the spirit of the downtown renovation to be attracting a large conglomerate that will put other long- time Reading businesses out of commission. We have nothing against a place where spirits can be purchased, but is it really necessary to add another redundant business type and in such a family friendly location? The mall where this store front is located is a relaxing place to grab a cup of coffee or browse for books or school supplies. It seems unnecessary and disruptive to put in a large, chain liquor store unless it is solely for the purpose of filling the space. With the economy now on the uptick, if we wait a few months we will likely see another healthier business come around looking for space in which to grow and flourish along with the Reading. I have heard that if there were to be a liquor store at this location that there would be almost 1,000 sq feet of liquor retail space per Reading Resident am not sure that is the kind of atmosphere I want to create for my kids. As you know, Reading residents are very enthusiastic and have waited patiently for over a decade if not more for a more vibrant downtown. If we truly are trying to Grow Reading Responsibly, I am hopeful that careful thought will be put in to the type of businesses being added. It has almost been a joke in town that we grew by adding redundant types of business such as pharmacies and sub shops. It seems a shame given the positive attention the town is now getting to add yet another liquor store and not a new type of business which does not exist yet in town and which will have a potentially positive influence vs. detrimental impact to the community. If the town needs ideas, I am sure that the residents have many they would be willing to share and then patronize. One thought that comes to mind is a large bookstore such as Barnes and Noble or even a discount clothing chain like TJ Maxx for the budget conscious consumers. As a 16 year resident and a grateful supporter of all that the town is trying to do, I thank you for your consideration and for all you do for Reading, Peter. Sincerely, Janice Berner, Advisor /CPA Reading Parent and Business Owner V �G 8/24/2009 Page I of 2 Schena, Paula From: Dan Buoa[dp nat Sent Tuasdoy, August 25, 200 9:21 AM To: Hechenbleikner, Peter Cc: Gchena, Paula; Cnnninr, Jim; N4oNamnro, Erica; RNRChombercom@ao(.nom; 'Chris'; 'Wine Shop nfReedmd;orvnd.bpntel .net Subject: RE: Letter ho the Selectmen Attachments: Letter to The Town of Reading 8.19.09.pdf; The Quota System.pdf Hi Peter, please-accept mv letter for submission ` to the Selectmen's packet for the meeting scheduled on September 1, 2009. This is pertaining to the application for an all alcohol liquor license by Wine Nation. I have also attached "The Quota System" from the ABCC Blue Book for reference, If you or any Of the selectmen have any questions for nle please dO not hesitate 8] call Or email me. Thank you for your assistance. 603=4 0"I fV 133 Massachusetts Ave. Lexington, K8AD242O Office: (781)861-1888 Fax: /781\BG1~G122 Mobile: (781) 354-3336 From: HechenNcjkner, Peter[mai|1o:phechenbleikner@ci.raading.me.us Sent: Monday, August Z4 2089 11:37 AM To: Dan Busa Cc: Srhena,Paula Subject:. RE: Letter to the Selectmen | will need anything that you want to send by this Thursday em—PDF file electronically is fine. Pete From: DnnBuso [maiKo:dobusor@comcast.net Sent: Monday August 24, 2009 10:45 AM To: Hechenbkzikner,Peter Cc: obaession@vehozn.net;anvind.bpabel@verizon.net; info@vvineshopoYnead|ng.conn Subject: Letter tothe Selectmen Hi Peter, what iS the deadline LO get something into the Selectmen's packet for the meeting oD the 1st7 Do| send ittoyou or directly to them? Can it be sent via e-mail in a PFD format or should it be hand delivered? Thanks. Daw VW4 ^� � �~� �~� � Page 2 of 2 Dusa Wine & Syirits 133 Massachusetts Ave, Lexington, MA 02420 Office: (781) 861-1806 Fax: (781) 861-6122 Mobile: (781) 354-3326 dybusajr@comcast.net www.bwawineandspirits.com Infonnation from ESET NOD32 Antivirus, version of virus signature database 4363 (20090824) The message was checked by ESET NOD32 Antivirus. http-.-!I)y)Kw,eset.com Information from ESET NOD32 Antivirus, version of virus signature database 4366 (20090825) The message was checked by ESET NOD32 Antivirus. http://www.eset.com 4 C/ I I I I 8/25/2009 From: Daniel P. Busa, Jr. To: Reading Board wfSelectmen My name is Daniel P Busa, Jr, and I am a small business owner and employer in the Town of Reading for the last 4 years I have been the license manager of record and sole owner of Busa's Reading Liquors, Inc, an All- Alcohol Package Store located at 345 Main St. in the town of Reading. I have worked within the beverage alcohol trade io Massachusetts for over 3?years, I respectfully request that the Board of License Commissioners deny the applications for an All-Alcohol Package Store Licenses as requested by Wine Nation, Inc for the stated purpose of establishing a 22,361oqit wine and liquor "Super Store" at the proposed location of the former Linens &, Things at The Crossing at Walkers Brook boReading. While some may suggest that my opposition to this license application is simply an attempt to stifle open and free competition in the marketplace, I wish to state clearly and unequivocally that I fully support and encourage competition aaitia realized within the context ofthe 2Im Amendment of the Constitution ofthe United States (The Repeal nfProhibition) and the Commonwealth nfMassachusetts General Laws, Section 138 pertaining tobeverage alcohol. ltia also acknowledged that there iouoapplication, submitted previously, by one Reading Discount Liquors which would more than satisfy the lioeoao/popolo1ioo guidelines. { reference the 2lm Amendment oY the Constitution because it has a direct and frequently misunderstood impact upon matters of this nature. The 2 1 st Amendment, Section 2 essentially gives states absolute control io matters regarding beverage alcohol. Today, there are l0 states which maintain some degree of state controlled monopoly over the retail of beverage alcohol. The Commonwealth of Massachusetts administers and maintains um0re modest authority and control of beverage alcohol under M.G.L. Chapter 138 through the ABCC at the state level and by local licensing authorities at the local level. It is these luvva and regulations which every licensee must follow in the due course of conducting business. Make no mistake about it though, beverage alcohol iau controlled product, regulated tou significantly higher standard than products olauaifind as "non-controlled". In Section 23 ofD8.G.L. Chapter 3O the law states quite clearly: 'The provisions for the issue of licenses and permits hereunder .. are enacted with u view only tm serve the public need and in such a manner as to protect the common good and, to that end, to provide, in the opinion of the licensing authorities, ea adequate number of places ot which the public may obtutn.... the different sorts of beverages for the sale of which provision ianzude" It is my contention, as well as that of many other residents and business owners in the Town of Reading, that the application under consideration fails to meet the criteria of set forth in M.G.L. Chapter I38 Section 23to serve ao unmet public need or protect the common good. To the first provision, it is the burden of the applicant to demonstrate an unmet public need. With the approval to transfer the All-Alcohol Package Store license from the former Reading Liquors to Busa's Reading Liquors, Inc at 345 Main St. in October of 2005, any unmet need by residents of the Town of Reading, and in particular Precincts 2 and 3, were filled. At the Public Hearing regarding the 8oaa'a Reading Liquors, Inc. license, there was not a single objection raised by an immediate abutter, resident, or business owner of the Town of Reading to the issuance of the license. It should be noted that there are four All Alcoholic Beverage licenses currently operating in Reading (three of those within 0.4 miles of each other and 0.7 miles from the proposed new locations.) which, based on the population of 23,708 (2000 Census ia one less than the maximum suggested under the state �guidelines; (Each 5lCpnp.~ I lj000ee' and any fraction over the last 5K increment pop. � l license.) To that fact the estimated 2005 Reading population has declined 2.2996 to 23`164. q C/x Many town residents are of the opinion that "controlled products" such as Alcohol, Tobacco, and Firearms are not suitable for "Big Box" style of retail. The provisions of M.G.L Chapter 138 identify beverage alcohol as a controlled product and charge local licensing authorities to provide "an adequate number of places" for the public to obtain beverage alcohol. To the second provision, the outlandish size /scope of this proposed Linens & Things location and its close proximity to the proposed 1 General Way (0.2 mi.) application by Reading Discount Liquors goes well beyond any reasonable argument toward public need and adequate access to beverage alcohol. By the very nature of its size, scope and location the Linens & Things license fails the test of "protecting the common good" as it would put a significant strain on town resources, particularly the police department, (drawing many more out of town shoppers) which would have to deal with the increase in enforcement issues as well as traffic mitigation. It should be noted that this project would not generate any significant additional tax revenues for the Town of Reading to offset the impact on town resources. Please ask yourself. Is there a public need and would it protect the common good to more than double the area of retail space in the Town of Reading dedicated to the sale of a controlled product- beverage alcohol? Is there a public need and would it protect the common good to allow a license for the retail sale of a controlled product- beverage alcohol that is greater 1 square foot for each and every resident of the Town of Reading? Is there a need and would it protect the common good to allow a license for the retail sale of a controlled product- beverage alcohol, on the scale of a 22,361 square foot "Big Box Super Store" at The Crossing at Walkers Brook, Exit 39 of Route 128, just two exits away from one of the busiest intersections in the Commonwealth of Massachusetts, Route 93 and Route 128. The many hundreds of additional daily customer trips into and out of the intersection, as well as the significant number of large delivery trucks will bring the intersection to a regular state of gridlock, impacting businesses all along the Walkers Brook, North Ave. business corridor. In a recent application for licensing in the Town of Braintree by Wine Nation, for a 33,874 sq ft wine and liquor "Super Store ", also in a vacant Linens & Things space, which was rejected, http• / /www wickedlocal.com /brain tree/ homepage /x592701139/ Wine - superstore- rejected -in- Braintree the applicants intended to offer 44 feet of aisle footage for Vodka, 28 for Rum, 16 ft for Tequila, 12 ft of Gin, and over 50 ft for Whiskey. With a standard industry 4 shelf lay out, the applicants own figures translate to 58 yards of shelf space dedicated to Vodka, 37 yards of shelf space dedicated to Rum, 21 yards of dedicated to Tequila, 16 yards to Gin, and 67 yards of shelf space dedicated to Whiskey. In total, that is a total of 200 yards of liquor, the length of two football fields. Public need? Common good? In all due respect to the applicant... How about we start by meeting the hurdle of simple common sense. The application for the Linens & Things location that is up for your consideration is bad for the residents of Reading and not in keeping with the goals and objectives of the residents of this town to make this community a better and safer place to reside and conduct business. As a business owner in the Town of Reading, I unequivocally expect those town officials entrusted with the responsibility for oversight of Public Need and the Protection of Common Good as outlined in M.G.L. Chapter 138 Section 23 to act in the best interest of the residents of the Town of Reading. As it is clearly evident that the license request on the part of Wine Nation, Inc fails to meet the criteria of public need or protects the common good, I ask that the license be denied without condition or prejudice by the Town of Reading Board of License Commissioners. LlGi3 Respectfully, Daniel P Busa, Jr Busa's Reading Liquors 345 Main St. Reading, MA 01867 781 -861 -1806 dpbusai r (komcast. net Cc: Peter I. Hechenbleilcner, Town Manager mailto: townma.nager(ct)ci.readin ,g.ma.us James W. Cormier, Chief of Police jcoriiiier(ci�),ci.readin 7.n� ia.us Erica McNamara, Reading Coalition against Substance Abuse emenamara(dei.readin .ng Za.us Irene Collins, Executive Director Reading -North Reading Chamber of Commerce rnrchambercom @aol.com This letter endorsed by; Chris Shomos — Square Liquors Arvind Patel — North Side Liquors Bharati Patel —The Wine Shop of Reading L4 cl 4 lAr JIS "r 81 tT ROOK INaY, 2004 Edidollr. THE QUOTA SYSTEM -1 lie Massachusetts Liquor Control Act places a quota or limit on the number of on- premise and off premise licenses a city or town can issue. That quota is based on the population of the community as determined by the most recent federal census. On- Premise: (Section ) 2) Each city or town may grant one on- premise (Section 12) all alcoholic license foreach unit of 1,000 persons (or traction thereof) with a minimum of 14. An additional all - alcoholic license may be granted for each population unit of 10,000 (or fraction thereof) over the first 25,000. One wine and malt license may be granted for each unit of 5,000 persons (or fi-action thereof) with a minimum of 5. Veteran's Club License: The local licensing authority may grant a license, outside the quota system, subject to ABCC approval. to any corporation whose members are war veterans which owns, hires or leases a building, or space in a building, for the use and accommodation of a post of any war veterans' organization incorporated by the Congress of the United States, to sell to members of that post only, and, subject to local licensing authorities. to guests introduced by such members and to no others. Off-Premise: (Section 15) Each city or town may issue one off- premise (Section 15) all- alcoholic license for each unit of 5,000 persons (or fraction thereof) with a minimum of 2. One wine and malt license may be granted for each unit of 5.000 persons (or fraction thereof) with a minimum of 5. Seasonal Licenses: Seasonal Section 12 (on premise) licenses can be. issued effective from April I to .lanuary 15 or any portion thereof and to the number that the local licensing authority deems to be in the public interest. Seasonal Section 15 (off - premises) licenses may be issued based on a quota set by the estimate provided by the LLA before March I of the temporary increased resident population as ofthe following July 10. That estimate must be submitted to the Commission prior to April 1. Off - premise seasonal licenses are issued based on that estimate at the rate of one license for each 5,000 population (or fraction thereof) and can be issued effective from April 1 to November 30 and also until January 15, or any portion thereof, as set by the local licensing authority. Franklin and Berkshire counties may issue winter seasonal licenses and estimate before October 15 the temporary increased resident population as of the following February 10. Such licenses are effective from December l to April 1. 4 Hir .IM ( PO /,BOOK (Mai 2001 Ft iiiun) City /Town (quota Allowed / All Alcohol Wine & Malt Section 15 Section 12 Section 15 (Off Premise) (On Premise) (Off Premise) 2* 5* 5* 5* 5* luota law] 3 S* 5* Population Section 12 (On premise) 1 -10000 14* 10001 -14000 14* [* minimum number of licenses under c 14001 -15000 Is 15001 -16000 16 16001 -17000 17 17001 - 14000 18 18001 -19000 19001 -20000 20001 -21000 21001 -22000 22001 -23000 23001 -24000 24001 -25000 25001 -26000 26001 -27000 27001 -28000 28001 -29000 29001 -30000 30001 -31000 19 20 01 22 23 24 25 27 28 29 30 31 32 4 5* 4 54' 4 4 4 5 5 5 5 5 6 6 6 6 6 7 5* 5* 5* 5 5 5 s 5 6 6 6 6 6 7 5* 5* 5* 5* 5* 5 5 5 5 5 6 6 6 6 6 7 33 +� I V lltr altt C H1.1 /. I?00A' (Mac. 2004 Eduronl 34 0 LA c, ALL ALCOHOL WINE & MALT POPULATION SECTION 12 SECTION 15 SECTION 12. SECTION 15 (On premise) (Off Premise) (On Premise) (Off Premise) 31001 -32000 33 7 7 7 32001 -33000 34 7 7 7 3301 -34000 35 7 7 7 34001- 35000 36 7 7 7 35001 -36000 38 8 8 8 36001 -37000 8 8 8 37001- 38000 40 8 8 8 38001 -39000 41 8 8 8 39001 -40000 42 8 8 8 40001 -41000 43 9 9 9 41001 -42000 44 9 9 9 42001-4')000 45 9 9 9 4.3001 -44000 46 9 9 9 44001 -45000 47 9 9 9 45001 -46000 49 10 10 10 46001 -47000 50 10 10 10 47001 -48000 51 10 10 10 48001 -49000 52 10 10 10 49001 -50000 53 10 10 10 50001 -51000 54 11 11 11 51001 -52000 55 11 11 H 34 0 LA c, the 180' BI t'FBOIi1 (Nlac.200.1Laboon) 35 ' ALL ALCOHOL WINE & MALT POPULATION SECTION 12 SECTION i 5 SECT ION 12 SECTION 15 (On premise) (OiTPremise) (On Premise) (O1TPremise) 52001 -53000 56 11 11 Il 53001 - 511000 57 11 11 1 1 54001- 55000 58 11 I1 II 55001 -56000 60 12 12 12 56001 -57000 61 12 12 12 57001 -58000 62 12 12 12 58001 -59000 63 12 12 12 59001- 60000 64 12 12 12 60001 -61000 65 13 13 13 61001 -62000 66 13 13 13 62001 -63000 67 1 13 13 63001 -64000 68 13 13 13 64001 -65000 69 13 13 13 65001 - 66000 71 14 14 14 66001 -67000 72 14 14 14 67001 -68000 73 14 14 14 68001 -69000 74 14 14 14 69001 -70000 75 14 14 14 70001 -71000 76 15 15 15 35 ' Wine Nation MA, Inc. Application for Package Store License Reading, Massachusetts Table of Contents 1. ABCC Form 43 2. ABCC Application 3. ABCC Form A, and Driver's License 4. Alcohol Training Certification for Manager 5. Department of Revenue Attestation 6. Articles of Organization 7. Vote of Corporate Board 8. Letter of Intent for Proposed Lease 9. Floor Plan 10. Checks a. $2200 to Town of Reading for Filing Fee b. $200 to Commonwealth of Massachusetts for ABCC Investigation 4 C. " 19 0 THE COMMONWEALTH OF MASSACHUSETTS ALCOHOLIC BEVERAGES CONTROL COMMISSION License Number Type of Transaction -(PI V) New License ) Transfer of License Change of Manager Transfer of Stock FORM 43 Reading August 14, 2009 City/Town Date -ase check all relevant 3sadkoffl-9-1 New Officer/Director ( ) Pledge of License Change of Location ( ) Pledge of Stock ) Alter Premises ( ) Other_ Wine Nation MA, Inc Name of licensee FID of Licensee G1 Wine Nation Taylor Trone Manager D/B/A 40 Walkers Brook Drive Reading, MA 01867 Address- Number Annual Annual or �easonai 00' Street Zip-Code C:) All Alcohol Package Store Type: Pestaurant Club, Package Store, Category: All Alcohol, Wine & M21t inn, General on Premise, Etc. Description of Licensed Premises: A Retail Package and Gourmet Food store of 18,500'SF. Application was filed: 8/17/09 8:50 a.m. Date & time Person to contact regarding this transaction: I Advertised: 8f18109 - Chronicle Date & Publication Abutters Notified _X Yes No Name: Gerald Caruso, Esq. Address: and Rudman, 50 Rowas Wharf, Boston, MA 02110 Phone #: 617-330-7000 Remarks: The Local Licensing Authorities r-A Alcoholic Beverages Control Commission Remarks: EXecuti-Ve (Director 14� 3-P City/Town: Reading The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, NIA 02114 Application for Alcoholic Beverage License for Retail Sale ( x[� New License New Officer/Director Transfer of License Other (� Transfer of Stock (specify) Section 1 Wine Nation MA, Inc Name to appear on the license: Wine Nation Business Name (d/b /a, if different): Manager of Record: Taylor Trone 11ID of License Address of Premises: 40 Walkers Brook Drive Reading, MA Zip Code: 01867 Applied For Phone number of premises: Section 2 Type of license: (check one only) (13 Club (ED Package Store ([3) General on Premise Restaurant (11 Innholder Tavern Section 3 License Category ( El All Alcoholic (ED Wine and Malt Malt Only (J3 Wine Only (� Wine and Malt with Cordials Permit Section 4 License Class (El Veterans Club ( 13 . Other ( xb Annual Seasonal Section 5 Person (attorney if applicable) who can be contacted concerning this application Gerald Caruso, Esq. Name: Rubin and Rudman, 50 Rowes Wharf, Boston, MA 02110 Address: 617- 330 -7000 Phone Number: Section 6 Give a full description of the premises to be licensed, including location of all entrances and exits: A Retail Package and Gourmet Food store of with 22,432 SF of retail space of which the store will use approximately 18,500 SF, with six entrances and exits. 6a. N/A Seating Capacity: _ Section 7 Applicant is an: N/A Occupancy Number: _ ( ["� Association ( M Corporation Individual ( �) Partnership ([p Non - profit corporation ([p LLC Section 8 If applicant is an individual or partnership — List for individual or each partner: Full Name Home Address DOB SSN 8a. Is individual or all partners United States citizens? . ' ( ff] Yes ( J3 No If no, specify citizenship: 8b. Is individual or all partners involved at least twenty -one years old ?( I) Yes (13 No Section 9 If the applicant is a corporation; complete the following: Massachusetts May 28, 2009 State of Incorporation: Date of Incorporation: Date qualified to do business in MA: May 28, 2009 1000 1000 9a. How many shares of stock are authorized: How many shares are issued: Provide in the box the names if all officers, directors, stockholders and manager. Use * to indicate director Title Full.Name Home Address DOB ock SSN owned or controlled President Tom Trone 13408 Bissel Lane, Potomac, MD 0 0 0 Sec + Trees Torn Wilcox 35 Sedgewick Dr. Scituate, MA Director Paul Cataldo 163 Bullrush Frm, Rd Scituate, M© 9b. Attach a copy of the vote by the Board of Directors appointing a manager or principal representatives. See Attached C LA 9c. If the applicant is a corporation, answer the following questions: 1. Are the majority of directors United States citizens? ([D Yes ([3) No 2. Are the majority of directors citizens of Massachusetts? ( EI) Yes (13) No' 3. Is the manager or principal representative a U.S, citizen? (In Yes (0 No Section 10 If the applicant is an association, provide in the box below the names of all association officers and members. Title Full Name Home Address DOB .—. SSN Phone Number. 10b. Attach a list of all members of the LLC. Section 11 Will there be any construction, remodeling, redecorating or building on the premises for this license? (ED yes ([3 No (if yes complete a,b, c and d) a. Give an exact description of the construction, remodeling, redecorating or building on the premises: Full Build Out of Demised Shell to Create Full Service Retail Package Store b. What are the estimated costs: $200,000 c. What is the construction schedule: Two months from date of Town approval d. State all sources of construction . financing.. Corporate Funds Section 12 Do you own the premises? Yes No. If yes, please respond to the question below. As an individual Jointly Name of Realty Trust .Name of Corporation ( a Other. (If you do not own the premises to be licensed, provide the following information about the owner.) Name: Dickinson Development Phone Number: 617-770-1955 Address: 1266 Furnace Brook Parkway, Quincy, MA 02169 U��3 28,040 . Month If a lease or rental, provide the following information --�-per l2a, (month, year, etc.) Beginning date of lease November 1, 2009 Ending October 31, 2019 g Date of lease (provide copy of the lease) FINANCIAL Section 13 What assets were purchased and cost? N/A N/A N/A Equipment: $L�_ Furniture: $- Goodwill: $_ N/A N/A Inventory: N/A License: Premise: $ 13a. Total Purchase Price: $ N/A 13b, Identify below all sources of financing: N/A Mortgage: $NfA Seller: $- N/A Cash: $ NfA Other (specify): $- Document all sources e.g. Loan papers, checking accounts, stock sales, etc. 13c. N/A All other terms and conditions, (provide purchase and sale documents) Ad. Are you seeking approval for license to be pledged: Yes If yes, to whom: 13e. Will the inventory be pledged: Yes A If yes, specify to whom: 13f. If a corporation, are you seeking approval for any corporate stock to be pledged: (13 Yes (0) If yes, identify to whom and identify the number of shares: OWNERSHIP INTERESTS No No. No Section 14 State the following information for all persons or entities who will have any direct or indirect beneficial or financial interest in this license: ,ull Name Jill one 11 Tr Home k MnrPqq Home Aaa e '; Bissel Lane, Potomac, MD Tom Trone E F13408 13408 Bis-sel Lane, Potomac, MD Wine Nation, Inc _ 13408 Bissel Lane, Potomac, MD 1 3 51s. 240-'632-8322 1 240-632-8322 1 240-632-8322 1 14a. Describe all types of beneficial or financial interest each person or entity identified in Question 14 will have in this license: Person or entity Beneficial or financial interest Jill Trone Joint owner of 1000 Shares of Issued Stock Tom Trone Joint owner of 1000 Shares of Issued Stock. Wine Nation, Inc. Wine Nation, Inc. of Delaware is the Owner, of Wine Nation MA, Inc. 14b. Does any person or entity listed in Question 14 have any direct or indirect beneficial or financial interest in any other license granted under Chapter 138? ([3) Yes (ED • No Name Type of license License Name and Address Description of Interest 14c. Has any person or entity named in Question 14 ever held a license or a beneficial interest in a license issued under Chapter 138 which is not presently held? ( []) Yes (xx No (If yes, provide the following for each person or entity.) Name TypeofLicense License Name and Address Date ownership surrendered 14d. Describe how all licenses in Question 14c were terminated (e.g. transfer of ownership, non - renewal, surrender, etc.) Date License Reason why the license was terminated N/A �c� 14e. Has any person or entity named in Question 14 ever had a license suspended, revoked or cancelled? (j3 Yes (ED No (if yes, provide the following information) 14f. Has any person or entity named in Question 14 ever been convicted of violating any state, federal or military law? ( ) Yes ')< No I.S. a. Barb individual applicant must sign, b, A.ppHentions by n partnership must be signed by a majority of the partners, C. Applications by a corporation must he signed by an offi cer authorized by a vote of tile corporations Board of Directors, d. Applications by an association must be signed by u majority of the members if the governing body. All signers must have ansivered question 10. C. False information or failure to disclose are reasons to revolcc a license or deny a license Application. Signed and subscribed to under (lie peunity of perjury, tbisR day of A '-i By SianatureofFull Name Title J) P)4 t 4C,�� The Commonwealth of ALCOHOLIC BEVERAGES CONTROL COMMISSION THIS FORM MUST BE COMPLETED FOR EACH: El A. NEW LICENSE APPLICANT B. AppOINT@ENT[FCHANGE OF MANAGER — |NACORPORATION 13 C. TRANSFER [3F LICENSE /FlET7\LC}NL`/-8EC.12fkSEC.151. ` (Please check which transactio n is the subject of an application accompanying this Form A.) PLEASE TYPE OR PRINT ALL INFORMATION ALL QUESTIONS MUST BE ANSWERED AND TELEPHONE NUMBERS PROVIDED C>R APPLICATION WILL NOT BEACCEPTED. t LICENSEE NAME Wine NedonMA, Inc. ` ` (NAME AS IT WILL APPEAR ON THE LICENSE) LICENSEE ToylorTn/ne 2, NAME OF(PROPOSEO) MANAGER 3. SOCIAL SECURITY NUMBER 13408 Bisset Lon�Potoma�MD 4. HOK�E(GTREET)ADDRE�D G. AREA CODE AND tELEPHONE NUMBER (S): (Give both, your home telephone and a number at which you can bo reached during the day). 32-8322 240-832-8322 [�YT|K�E# nQw/ 7 O. PLACE OFBIRTH: 8mahon' MA DATE OF 8|RTH' . 8. REGISTERED VOTER: YES NO BA. WHERE?: Q. ARE YOU AU.G.CITIZEN: ��_YES 0= NO 1O. 'COURT ANDO/g[EOF NATURALIZATION N/A (Submit proof uf citizenship ondlor naturalization such o.sVotmr=o Certificate, mnnCemnouteu/ Naturalization Papers) 11. FATHER'S NAME: Thomas 12, MOTHER8MAIDEN NAM� �� 18 IDENTIFY YOUR CP0M|NALRECORD, (M��oun�m,M(�a�. any o�wr0a�m ANY OTHER ' ARREST OR APPEARANCE IN CRIMINAL COURT CHARGED WITH ACR|M|NALOFFENSE REGAgDLeaeoFnNxLD>8F�lSIT\oN: IJ YES 19 NO ( ) UF YES, PLEASE DESCRIBE OFFENSE (B) SPECIFIC CHARGE AND DISPOSITION (FUVE PENALTY, ETC.) NO 14- PRIOR N THE UC0OR|N0]8TRY IE �E� [] |F YES, PLEASE bEOCRIBE Six years of experience from entry level to management in Retail and On-Premises alcohol Industry. 16, ' FINANCIAL INTEREST, |R /` |N /��n ANYOTHERUQUORL�EN8E . PERMIT OR CERTIFICATE: 13 Y�S - *NO IF YES, PLEASE OESCR 10. EMPLOYMENT FOR THE LAST TEN YEARS (Dateo PooNon. Employer, Address and ifknown, Telephone Numbers): 9/D8-prosent. Manager, Red Rock Canyon Grill, 10D Board Walk Place, Gaithersburg, MO24O-68i-0NO3 11 /03-10/08, Several Positions, Total Wine and More, Suite 214,11325 Seven Locks Rd., Pot6mac, MID — 301-795^1000 17. HOURS PER WEEK /vpE S,^=". ".° THE LICENSED PREMISES: 1EL | HEREBY SVVEARTHATUNDERTHE ' NSANDPENALTE8DFPERJURyTH/�'THE|NFORMADON |. HAVE GIVEN |NTM|G APPLICATION iS TRUE TO THE BEST OFK8Y KNOWLEDGE AND BELIEF, PROP05EL) MAN URE DATE mn��,M^vpcsw.`^,iAvncEMpu"umFOnMw"pn Wag 041 �� rry it with,you as evidence of your skills and knowledge in the responsible e,:inzi consumption of alcohol. Dugrattul anions! By successfully completing the TIPS (Training for Intervention Procedura) )g anr, you have taken your place in the forefront of a nationwide movement reduce the tragedies resulting from the misuse of alcohol. We value your ;ticipation in the TIPS program. You will help to provide a safer environment for your patrons, peers and/or Ileagues by using the techniques you have learned and taking a positive proach towards alcohol use, If you have any information you think would enhance the TIPS program, or He car: assist you in any way, please contact us at 703- 524 -1200. Thank you ' your dedication to the responsible sale and consumption of alcohol. Sincerely, ' - - Adam F. Chafetz President, HCI OV\ t VA your certification number because you will need it when contacting TIPS, For assistance or additional information, contact Health Communications, Inc, by using the information provided on the reverse side of your certification card. There is a minimal charge for a replacement card if your original card becomes lost, damaged or stolen. 9 eTIPS Off Premise SSN; XXX.XX XXXX Issued: 6/12/20ti9 Expires:6 /12/2012 ID#,. 2596N2 D.0.8„ XX/XX/XXYx Taylor Tronee 13406 Elimi !_n. Potomac, MID 20854 For service visit us online at www.gefflps.com t ir ;'� 02/07/1999 04;18 4013342003 TROME PAGE 04 MAS5ACHUSE'IM DEPARTMENT OF REVENUE IrtUE _NFOACE��rAND ROT�r-r�n. T I cetify uroder the penalties of filed all s'taee tax returns arxi paid alPeta� that r' to my bit knowledge and belief, have J eWIred Lridrr IeW, �l�rr * Signature of inClivicUal or Carperate Name Mandatory e * This license will rtat be Issued unless this certification, :clause is signed by the applicant. eta Your ,social seewity number will be furnished to the Massadhusotts Department of Reveme to determine whether you have met taX filing or tax payment obligations. L'icotweets who fail to correct their non-fling or dellnquency will be sublact tri-111cet_2e lion or revocation. This regaest Is made under the authority of Mass. G.L. C. 52C. S. 49A. The Commonwealth of Massachusetts William Francis Galvin - Public Browse and Search Page 1 of 2 IL http: / /corp.sec. state. ma. us/ corp /corpsearch/CorpSearchSummary.asp ?ReadFromDB = True... 8/14/2009 The Commonwealth of Massachusetts 611 William Francis Galvin Secretary of the Commonwealth, Corporations Division ' One Ashburton Place, 17th floor ..V.• , �; Boston, MA 02108 -1512 v'. `"` Telephone: (617) 727 -9640 WINE NATION MA, INC. Summary Screen Help with thisiorrn Request a Certificate . The exact name of the Domestic Profit Corporation: WINE NATION MA, INC. The name was changed from: WINE NATION INC. on 6/22/2009 Entity Type: Domestic Profit Corporation Identification Number Date of Organization in Massachusetts: 05/28/2009 Current Fiscal Month / Day: 12 / 31 The location of its principal office: No. and Street: 13408 BISSELL LN. POTOMAC State: NID Zip: 20854 Country: USA City or Town: If the business entity is organized wholly to do business outside Massachusetts, -the location of that office: No. and Street: State: Zip: Country: City or Town: Name and address of the Registered Agent: Name: CORPORATION SERVICE COMPANY No. and Street: 84 STATE ST. BOSTON State: M.A. Zip: 02109 Country: USA City or Town: The officers and all of the directors of the corporation: Title Individual Name Address (no PO Box) Expiration First, Middle, Last, Suffix Address, City or Town, State,Zip Code of Term PRESIDENT THOMAS TRONE 13408 BISSEL LN. POTOMAC, MD 20854 USA TREASURER THOMAS WILCOX 35 SEDGEWICK DR. SCITUATE, MA 02065 USA SECRETARY THOMAS WILCOX 35 SEDGEWICK DR. SCITUATE, MA 02066 USA DIRECTOR THOMAS TRONE 13408 BISSEL LN. POTOMAC, MD 20854 USA DIRECTOR PAUL CATALDO 163 BULLRUSH FARM RD. IL http: / /corp.sec. state. ma. us/ corp /corpsearch/CorpSearchSummary.asp ?ReadFromDB = True... 8/14/2009 The Commonwealth of Massachusetts William Francis Galvin - Public Browse and Search Page 2 of 2 business entity stock is publicly traded: — The total number of shares and par value, if any, of each class of stock which the business entity is authorized to issue: Par Value Per Share SCITUATE, MA 02066 USA . Total Issued DIRECTOR THOMAS WILCOX 35 SEDGEWICK DR. SCITUATE, MA 02066 USA and Outstanding business entity stock is publicly traded: — The total number of shares and par value, if any, of each class of stock which the business entity is authorized to issue: Consent Manufacturer Confidential Data, — Does Not Require Annual Report Partnership Resident Agent For'Profit — Merger Allowed Select q type filing & Apf_ JEoq! below to view this business ent Par Value Per Share Total Authorized by Articles . Total Issued Class of Stock Enter 0 If no Par of Organization or Amendments and Outstanding Application For Revival . Num of Shares Total Par Value Num of Shares CNP $0.0000 1,000 1 $0.00 0 Consent Manufacturer Confidential Data, — Does Not Require Annual Report Partnership Resident Agent For'Profit — Merger Allowed Select q type filing & Apf_ JEoq! below to view this business ent fliers: _ ALL FILINGS !Administrative Dissolution Annual Report Application For Revival . Articles of Amend ment ma Vie .. W Filings 77,] New Search IComments I @ 2001 - 2009 Commonwealth of Massachusetts All Rights Reserved M Help http:Hcorp.see.state.ma.uslcorplcorpsearchICorpSearchSummary.asp?ReadFromDB=True... 8/14/2009 MAY. MR,QC4;ipg Nur� j :7�Bt�197880 Date: 05/28/2009 4:56 PMNO, 5352 P. 2 Comm William Francis Galvin 5emvu7 of the CommonwedUh One Ashburton Plw&, Boston, Massarchusetrs 021084512 M 11M MII$T FEE TYPED Al'tkIcs ofotgoplution FORM MUSY RE" TYPED (CMMOI aI Lws Onptek 156D, Sic -no,n 2.02; g50 CMR W,16) ANIC II I the exact name of the corporation is! Mine NAVan Ino. AIMU E 11 rSrlesv dr articles of orgaaltaxion othimmse pravide, elf p,tpomelons Formed 13ur=ot to G.L Chupter 156D Gave the putpm of engaging in any lateful business- Please sp4fy Tyou want a mnra 11mircd purpa9V NIA ARTICLE XXY State tfie toml member of shams and parvalu% "` if any, of each class of stock that the carporation is authorized to issem. All Corp - ntioas mutt authorize sto& if a* one elass or series is putho*ed, it Is not necessary to specify any particular designation. 'l;p1T 40UT PAR VALUE WITH PAR VALM TYPE NUMBER OF SHARES TYPE NUMBER OF SHARES PARVALUB common 1,000 ICU, Cliaper 156D thminam the tanrept ofptir ttaku, houruer a corpradon may tp-wIj par o*e 1.7 Ankle III See G. L. Chapter 156D, Snuaa G. dl. add the eo m arso rdwA-L fhnf & gG. otssd,wztwmt�tentna0s �� MAY.28,2009 4:53PM CSC6173678314 NO, 5352 P. 3 A,MICLE IV Prkir to the ismance of shares cpta y class or lades, the snicks of o%-Wi4n must scr forth the pmfrrances, linikatfons and rfla- tive rights of that class or series. qhe atsicles n -r-ipo limit the type or spccify the minimum tunount of oamideration for wDcb shares of;tay class cr series may be issued. Pleam sec forth the preferences, limitations and relative rigim of each class or Rertes and, ifilmircd, the "Wiod type and nrir irr um amount of wnsideration ro be reccivcd, Norte None AMICLE V The resrrietfons, ifsnp, imposed by thenrddes oforganbtation upon dte transfcrofsham of any class or series of stock ate; ARTICLE VI Other 1$wful provisionp, and Ifthrre are no such provislarts, this article nmy be lefr'lank. See Continuation $heat- Article VI Mitre 1,eprcccryftt fix M orlkhv are eatuid6ed ro 6e pewanv cnndmay be ehowd o,>ly 6yfiliq uppwpr►ak anirtrs nfmrtnnd nn�r y X34 MAY. 28, 2009 4; 53PM CSC6173678314 N0,5352 P. 4 ARTICM OF ORGAMZATION CONTISti+: NUON SHEET ARTICLE VI 'Vr AA. No director shall be personally liable to the corporation or to any of its shareholders for monetary damages far hrMh of fiduciary duty by such director as a director notwithstanding any provision of law imposing such liability; provided, however, that, to the extant required from time to time by applicable law, this provision shall not eliminate or limit the liability of a director, to the extent such liability is provided by applicable law, (i) for any breach of the dizector's duty of loyalty to the corporation or its shareholders, (ii) for acts or otttissions not in good faith or which involve intentional Misconduct or a knowing violation of law, (iii) for improper distributions under Section 6,40 of the Business Cgrporatipn Act of the Commonwealth of Massachusota, or (iv) for any tmmaction from which the db=tor derived on.improper personal benefit_ No amendment to or repeal of this Article VIA shall apply to or have any offect on tlxe liability or alleged liability of any director for or with respect to any acts or omissions of such director oomaing prior to the effective date of snob, amendramt or repeal. VI B, At annual meetings of the shareholders, any business maybe transacted whether or not the notice ofsnch meeting contains a reference thereto, ameptwhm such a reference is required by law, blase Articles of Organization or the 13y -Laws of the corporation, VI C. Any action that may be taken by sbareboldw may be taken without a meeting if (i) all shareholders entitled to vote on tba matter or (u) the shareholders having not less than the minimum number of votes necessary to take the action at a meeting at which all shareholders entitled to vote on the aetigA Pro present and voting, consent to the action in writing and the written consents are delivered totthe corporation for inaludon with the records of the meetings of shareholders within 64 days of the earliest dated consent delivered to tho Corporation. `VI D. Thu Board of Directors may consist of one, two or more individuals regardloss of the number of shareholders. VI A. The directors may make, amend, or repeal the BY -haws in whole or in part except with respect to any provision thereof which by law or the By -Laws regoires action by the shareholders. 42119MI,.v1 MAY. 28.2009 4.53PM CH6173678314 N0, 5352 P. 5 AMCLEVII The ogect1w date of organization of the corporation is ditdgto and time the articles were: wcelved for fding 1frhettrticlet are nor rejected within the time prescribed by law: rfa later effeetNe date is desired, apw* such dote, which may not be later than the 90dr day after the ard4ca are neelyed For filing: ARTWUND 'Iht infarmAtion contained in this article is sot a permanent ptrr of the articles of'organlzazion, a. The street address of the Inlrlal registered o(4ee of the corporation in the cornirtonwealdbr 84 State Street, Boston, MA 02109 b. The natter of irs initial registered agent at its registered officer Corporation Service Company e. 76 narn a grid street addresses of the indivicluAbwho will serve as the initial directors, praaidatit, tteaurorand accreraty of rlm corporation (an atld=n noel Trot be spedAed ifthe b44nws addteso of the af5cer or 41mator is t4q mote as rbe Principal Av.location); Pre Adent:Thomas Trone,13408 Kissel Unet Potomac, MD 20864 Treavuxc Thomas Max, 35 Sodgewick drive, Scituate, Mho 02066 Secretary., Thomas Wlicox, 35 Sedgevtfick Drive, Witiate, MA 02005 Dircrtor(s): Thomas Trone,13408 Mosel Lane, Potomac, MD 20854 Thomas Wilcox, 35 5edgewlek Drive, SdWats, MA 02086 Paul Cataldo,1f13 I$trllrueh Perm Road, Soituate, MA 02066 d. The fiscal year end of the corporaeon: , Deicember 31 r. A brief drsctiptioh of tha type of btrdtzcss in which the corporation intends to engage: Wino retail C The street address of the ptitrcipai office of the corporatian: 13406 Biases t,ane, PotomaR, MD 20854 pr The street address where the records of the corporation required to be kept in the commorrweakh we located La: a5. sk D_, MA 02088 ,'which is (mithber, smrA city or rmon. gar, ap Code) Q its principal ol£cal 0 an office of its transfer agent; Q an of$im of its sestet trp /a slsmrit sccMmyr Q Its nIntcred office. Signed this r 0- dap of May "' — Wk— hY the Ineorpomtor(s): Name: SLY MnC111111 l Addreut rin Hniland A-Knirlht 11 P, I A! 11 70.0 art Paul talk MInP �4 c3b MA SOC Filing Number: 200968197880 Date: 05/28/2009 4:56 PM THE COMMONWEALTH OF MASSACHUSETTS I hereby certify that, upon examination of this document, duly submitted to me, it appears that the provisions of the General Laws relative to corporations have been complied with, and I hereby approve said articles; and the filing fee having been paid, said articles are deemed to have been filed with me on: May 28, 2009 4:56 PM WILLIAM FRANCIS GALVIN Secretary of the Commonwealth 293895-1-0 o William Francis Galvin Secretary of the Commonwealth TO WHOM IT MAY CONCERN: 11 U 111,111,11:11! 11 �!1111111111�i F June 3, 2009 I hereby certify that according to the records of this office, WINE NATION INC. is a domestic corporation organized on May 28, 2009, under the General Laws of the Commonwealth of Massachusetts. I further certify that there are no proceedings presently pending under the Massachusetts General Laws Chapter 156D section 14.21 for said corporation's dissolution; that articles of dissolution have not be6n filed by said corporation; that, said corporation has filed all annual reports, and paid al ' I fees with respect to such reports, and so far as appears of record said corporation has legal existence and is in good standing with this office. Processed By: TAA In testimony of which, I have hereunto affixed the Great Seal of the Commonwealth on the date first above written. Secretary of the Commonwealth qG WINE NATION MA, INC. CERTIFICATE OF VOTE To the Town of Reading Licensing Board: This is to certify that by written consent of the Directors of WINE. NATION MA, INC It was voted to authorize the application for an All Alcohol Off - Premises Licenses for, and to appoint Taylor Trone, a citizen of United States as the Manager with full authority and control of the licensed premise and of the conduct of all business therein relative to alcoholic beverages as the licensee should in any way have and exercise if it were a natural person of the Commonwealth, of Wine Nation located at The Crossing at Walker's Brook, Reading, Massachusetts, The foregoing statements are made under penalty of perjury this /* day of LUst 2009. —,t ` r� President 4c3q WATA THE WILDER COMPANIES DEVELOPMENT. MANAGEMENT. LEASING. 800 BOYLSTON STREET I SMITE 1300 1 BOSTON, MA 02199 Pmu 617.247.8200 1 FAX 617.247.4044 1 WWW.WILDEROO.ODM Mr. David McCarthy The Dartmouth Company 351 Newbury Street Boston, MA 02115 Re: Wine Nation — The Crossing at Walkers Brook — Reading, Massachusetts Dear David: The Wilder Companies, Inc., on behalf of Dickinson Development, hereby proposes to enter into a Lease Agreement for the above referenced location and Tenant. The terms and conditions for the occupancy are as follows. LANDLORD: Walkers Brook Crossing LLC TENANT: Wine Nation PREMISES: 22,432 sf, , 18,500 sf of retail space LEASE TERM: One Ten (10) Year Term with One 5 (Five) Year Option, 2 five year options Ok. COMMENCEMENT DATE: 120 days after the delivery of the space to the Tenant or when Tenant opens for business, whichever comes sooner. RADIUS RESTRICTIONS: MINIMUM ANNUAL RENT Years 1 -5 $15.00 psf $ Annually (First Floor): Years 6 -10 $16.80 psf $ Annually Years 11 -15 (Option Period) 12% increase over year 10 rent Years 16 -20 (Option Period ) 12% increase over year 15 rent COMMON AREA MAINTENANCE: Pro rata; currently estimated to be $3.36psf REAL ESTATE TAXES: Pro rata; currently estimated to be $4.31psf USE OF PREMISES: For the operation of a full beer, wine and liquor store with incidental sales of alcohol related items such as wine accessories. Language to be further defined in Lease. ARCHITECTURAL PLANS: Tenant will submit a full set of Architectural Plans for 4 c q 0 lidowl TH E WILDER COMPANIES DEVELOPMENT. MANAGEMENT. LEASING. 800 BOYLSTON STREET I SUITE 1300 1 BOSTON, MA 02199 PHouE 617.247.6200 I FAX 617.247.4044 1 WWW.WILOERCO.COM Landlord's review and approval. LANDLORD'S CONSTRUCTION: Landlord will deliver the space As -Is except for. Landlord shall provide Tenant with $90,000.00 for Tenant to use toward store build out, to be given as rent credit. Tenant may install such tenant improvements, fixtures and finishes in the Premises as Tenant deems necessary or desirable. TENANT'S CONSTRUCTION: Tenant will be responsible for all other necessary construction beyond Landlord's work. SECURITY DEPOSIT AND Required. Amount of security deposit to be determined GUARANTEE: after review of Tenant's Financials. FINANCIAL INFORMATION: Tenants must submit a current financial statement for Landlord's review and approval. The submission of this document for examination and negotiation does not constitute an offer to lease or a reservation of or option for the premises. The parties will only be bound upon the execution and delivery of a mutually executed Lease, regardless of any written or verbal representation made by any agent, manager or other employee of Landlord to the contrary. Should the above be agreed upon, kindly signify your acceptance by signing and returning a copy of this letter to the undersigned. Sincerely, Alison J. Galgay Leasing Representative ACKNOWLEDGED AND AGREED TO BY TENANT: Thomas Trone DATE: 8/12/09 cc: Andy LaGrega Mark Dickinson 4c4'l k ch 0 O C� 1� I� i ME i tam' W-ITAIII Wd am fix I NOWMA O Cb O 54. Al� Ar, IN U, a LEGAL NOTIdE ' TOWN OF READING To the Inhabitants of the ^ Tbxvnof . ' You are ed thcd an application for aDAU /\lcoho / Package G1m[a LiooDaa hag ! been Made for Reading \ � Discount Liquors, Inc. d/b/a Reading DIscount Liquors. The application is for the premises at one General Way, Reading,. .~.^~~a..~ .__-. Under the provisions of Chapter 138, Section 15 of the, Massachusetts General Laws, a public. hearing vv|U. be held concerning auoh UoabonUy 'the Board of Gm|eoimon on Tuesday, September 1.2ODSe1 9-:15 p.m. in the Selectmen's Meeting Room, 18 Lpxve|( Gtraet, Readihg, Massachusetts. All interested parties are invit$dto attend or submit their. -oononnente in xxrilinQ, or by email to Town Manager at September 1md. 1�1. Bvonjorof ' Peter 1. Hechenbleikher Town Manager ^ q d I --W ...._J 00; 3 y y �y- ------------- NO 4 ti 46 3 I' r , 23 LA r, ti I -4 wli �5 U) z -:A Mf fr,� �-q 27A PA, ER 46 1 -lll 28 irr 57 Easy Peel® Labels i ® IMMOM Bend along line to 0 Feed Paper expose Pop -Up EdgeTM Use Avery® Template 5160 2460280000000210 246055000000011A NEW CROSSING LIMITED HOUPES THOMAS J II PARTNERSH KAREN HOUPES C/O FRAEN REAL ESTATE DIVISION 204 WASHINGTON STREET 80 NEW CROSSING RD READING, MA 01867 READING, MA 01867 -3254 2460550000000270 WILLIAMSON ELAINE M JEFFREY M RIZZO ETAL 179 WASHINGTON ST READING, MA 01867 2460550000000280 MALAY ROBERT M EILEEN M MALAY 183 WASHINGTON ST READING, MA 01867 2460550000000300 2460550000000310 NAVANANDAN ANANDAN COVINO JOHN J ANANDAGOWRI NAVANANDAN MARY E COVINO 189 WASHINGTON STREET 193 WASHINGTON ST READING, MA 01867 READING, MA 01867 2460550000000330 GRIFFIN SUSAN M 203 WASHINGTON ST READING, MA 01867 2460550000000360 ERRICO ROBERT J ERRICO, EMILY A CASTOR 30 BOLTON ST READING, MA 01867 2460550000000390 MUNNIS JANIS S 20 BOLTON STREET READING, MA 01867 246055000000033A GILLIGAN DANIEL L DEBORAH L GILLIGAN 42 BOLTON ST READING, MA 01867 2460550000000370 GEDDRY ERIC C LAUREN M GEDDRY 24 BOLTON ST READING, MA 01867 2460550000000400 SILVER MICHAEL S MELISSA A SILVER 4 DEL CARMINE ST WAKEFIELD, MA 01880 AVERY® 5160® A 2460550000000260 TOWER KEITH M SUSAN M AHERN 175 WASHINGTON ST READING, MA 01867 2460550000000290 GARDINER NORMA E 185 WASHINGTON ST READL 1G, MA 01867 2460550000000320 HOWIE GEOFFREY LISA HOWIE 197 WASHINGTON ST READING, MA 01867 246055000000034& CROWLEY DANIEL M MARY L CROWLEY 36 BOLTON ST READING, MA 01867 2460550000000380 NAPOLI ILLEANA 22 BOLTON ST READING, MA 01867 2460550000000410 SUIVINER NEIL J BRIDGET C SUMNER 12 BOLTON ST READING, MA 01867 2460550000000490 2460550000000500 2460560000000010 SOVEREIGN RA II LLC SOVEREIGN RA II LLC CERRETANI JOHN A ETAL TRS A DELAWARE LTD LIABILIT CO A DELAWARE LTD LIABILITY CO C/O RITE AID 30 HUNTER LN 30 HUNTER IN P O BOX 3165 CAMP HILL, PA 17011 CAMP HILL, PA 17011 HARRISBURG, PA 17105 246056000000001A PAVAO MICHAEL ELIZABETH ROURKE 211 WASHINGTON ST READING, MA 01867 2460560000000030 ROYCE PHILIP M JUDITH M ROYCE 223 WASHINGTON ST READING, MA 01867 2460560000000060 CULLINANE CHARLES J MARGARET P CULLINANE 59 OAK RIDGE RD READING, MA 01867 246056000000001B REDARD ERIC JULIE D REDARD 215 WASHINGTON ST READING, MA 01867 2460560000000040 DELLORUSSO JEANELLE T ARTHUR M DELLORUSSO 227 WASHINGTON ST READING, MA 01 867 2460560000000080 OSBORNE LEON N MARGARET A OSBORNE 235 WASHINGTON ST READING, MA 01867 2460560000000020 CALLAHAN RUSSELL MICHELLE K SEMLER 45 SANFORD COURT #2 MELROSE, MA 02176 2460560000000050 REDMOND ARTHUR L BLANCHE V REDMOND 229 WASHINGTON ST READING, MA 01867 2460560000000090 UNDERWOOD- DERANANIAN JUDITH 239 WASHINGTON ST READING, MA 01867 �A� ttiquettes faciles a peter i A Repliez a la hachure afin de www.avery.com j Utilisez le ciabarit AVERY® 51600 1 charoement reveler le rebord Pop-Up" 7 $00 -G© -AVERY Easy Peel® Labels i A Bend along line to Feed Paper expose Pop -Up EdgeTM Use Avery® Template 516 00 L 2460560000000100 2460560000000110 BOURIKAS VASSILIOS ETAL TRS DICEGLIE DIANE M BOURIKAS NOMINEE TRUST MICHAEL J DICEGLIE 126 LOWELL ST 141 VILLAGE ST ARLINGTON, MA 02474 READING, MA 01867 2460560000000130 KIRK JOYCE A 151 VILLAGE STREET READING, MA 01867 2460560000000160 INTONTI GERALD A LUCY M INTO NTI PO BOX 385 READING, MA 01867 2460560000000310 CHILDRESS WILLIAM L ELLEN C CHILDRESS 105 GREEN ST READING, MA 01867 246057000000022& TWO WALKERS BROOK CROSSING LLC CIO DICKENSON DEVELOPMENT 1266 FURNACE BROOK PKWY QUINCY, MA 02169 -4758 2460670000000130 EVANS COURTNEY A ETAL TRS EVANS FAMILY 2002 REVOCABLE TRUST 128 JOHN ST READING, MA 01867 2460670000000220 ALLEN FREDERICK D JR ALLEN DEBRA J 4 LAKEVIEW AVE READING, MA 01867 2460440000000030 TOWN OF READING LIGHT DEPT 208 ASH ST READING, MA 01867 2460440000000110 SARTELL EDWARD F SCOTT C SARTELL ETAL 236 ASH ST READING, MA 01867 2460440000000310 PIECES OF EIGHT,LLC 169 SOUTH RIVER RD BEDFORD, NH 03110 2460560000000140 NEARY DOUGLAS J 155 VILLAGE ST READING, MA 01867 2460560000000170 MCINERNEY BEVERLY MARK MCE\ ERNEY 212 PEARL ST READING, MA 01867 (� AV'r=R` O 5160 2460560000000120 SAGGESE TODD JENNIFER JOSEPH 145 VILLAGE ST READING, MA 01867 2460560000000150 TOWN OF READING 16 LOWELL ST READING, MA 01867 2460560000000180 CRAMPTON PAUL F NANCY E CRAMPTON 140 VILLAGE STREET READING, MA 01867 2460570000000010 2460570000000020 SALEM FIVE CENTS SAVINGS BANK IODICE MICHAEL F JR TR A MASS CHARTERED SAVINGS BA M J II REALTY TRUST 210 ESSEX ST 29 CRAFTS ST STE 250 SALEM, MA 01970 NEWTONVILLE, MA 02160 2460670000000110 BOISSONEAU CAROLE P 122 JOHN ST READING, MA 01867 246067000000014& D'AREZZO ANTHONY ELIZABETH A D'AREZZO 130 JOHN ST READING, MA 01867 2460440000000010 RAVENS FRED J III ETAL TRS 198 ASH ST REALTY TRUST 198 ASH ST READING, MA 01867 246044000000004& TOWN OF READING MUNICIPAL LIGHT DEPT 218 ASH ST # 226 READING, MA 01867 2460440000000120 DOE DONALD E TRUSTEE THE D & M REALTY TRUST 460 SALEM RD DRACUT, MA 01826 246045000000001& DANIS GEORGE E, TR DANIS READING REALTY TRUST PO BOX 672 READING, MA 01867 2460670000000120 FARNHAM DAVID A FARNHAM DEBORAH A 124 JOHN STREET READING, MA 01867 2460670000000160 SHARPE AUSTIN E ABIGAIL H SHARPE 2 LAKEVIEW AVE READING, MA 01867 2460440000000020 MELENDY MILDRED L (L.E) DIANE LILLIAN FRATUS ETAL 40 ARCH ST MALDEN, MA 02148 2460440000000100 BARBAS STEVEN J TRUSTEE JCM REAL ESTATE TRUST 232 ASH STREET READING, MA 01867 2460440000000180 READING MUNICIPAL LIGHT DEPT 25 HAVEN STREET READING, MA 01867 2460450000000030 MASS BAY TRANS AUTHORITY 500 ARBORWAY BOSTON, MA 02130 Etiquettes faciles a peter i A Repliez a la hachure afin de www.avery.com © Sens de reveler [e rebord Po U TM ' 1- 800 -GO -AVERY Utilisez le aabarit AVERY 5160 R i �k. —mant p p Easy PeelO Labels i A Bend along line to I Use AveryO Template 51600 Feed Paper � 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LAUREN SEAVERNS C/O COLLEGE ST PARTNERS 900 CUMMINGS CENTER, SUITE 301-U BEVERLY, MA 01915 2460670000000170 BRAMHALL KERRY G I I JOHN ST CT READING, MA 01867 2460460000000080 BROOKVIEW INVESTMENTS LLC 15 THIRD AVE BURLINGTON, MA 01803 2460460000000100 25 Vv`BD LLC DICKINSON DEVELOPMENT CORP 1266 FURNACE BROOK PARKWAY QUINCY, MA 02169 2460460000000090 READING PLAZA LLC C/O AKIN REALTY CO INC PO BOX 610227 NEWTON HIGHLANDS, MA 024 2460460000000120 NEW CROSSING TRIANGLE LLC 15 THIRD AVE BURLINGTON, MA 01867 �a� ttiquettes faciles A peler A Repliez A la hachure afin de www.avery.com Utilisez le gabarit AVERY@ 5160@ Sens de I chargement reveler le record Pop-UpTAI 1-800-GO-AVERY Z F- Q J W N ¢m 0 F O m OQ F- a O o o d* r d r N r n r• r r .- m r r r r• rr O r• O CD M M 0 r aowvrM(oor ICD(D(0 (D(D 0 ommmo r m Mr o (Do NO O N aD CD CO N z O CO O CD O h r (D N N CD T to CD N N CD rn N CD O O O O O O O O O 0 0 0 0 0 .- r 0 0 0 O 0 0 0 0 0 0 0 0 0 W Q Z 2 2�E 2 2E :�i 2:5 O:E 2:E 2 2 a a 2E 2 2:E 2 2 2 2 2 2 2 2 C) Z z o o z z J =W WZ (5 =zZ�(70(D00:4mC) (3CD0( OZ OOJ }0 W W ti O = O U z z z z z= w z z z z z� z O v z m p z zYZ� cccoF -z oo(LM00000woF - Z�wzJ OQZ _ p d ad�ccQ¢¢d J<C(n -cc> m co �m''> OzSmOmawcmcc ¢mCd.>_Mawc¢¢CCccdommCgmmC=1m C 0 o ¢ W LL YS 1- Y = Q U Q F✓ 0 a of a Y W Y �W � I1JW W W O zo m -d 0 It rm U m V FWF- U) Ir 0 U) F- I- F- I- I- Z W W cp Co C h I- ¢ U W U U W U) LLI QF-�(7CC CLm(nm(ACnU) -i (D W W W COCf)C\l < >ZQ> cc } o w p O 0 0 o O W x pc g g w w x m t¢�,¢ W<� U (j O O I,JJ dl J J J J J Z p Y J J J w p X LL - D LL- Ogcnz tr)o- }mmmmm=oo>� >0 °omo oI�- oowrz- '...In LO N co O O> N 0 O �F N O m V' O Ili O O O N to O N O () '- CC) O r N r (D O v M M N CV co m LO r, ,- r N m O r .- m r r cc O F- Q U cc o >- (r J J d 0 JO C7 _ cr W wJ O w ¢ cc w :1 oo:EW'� O U W z d Z 0 J a LU J U U) cc °~ o ¢ Q W Q 3: w<LL w Cr m z o O d W d U 2 -5 d m � Z � Q � J cc � W CD cc Z Z d U rr CO U) :2 z ¢ o CL Ir O U Z W 2 (L O w W Z O z U U IL W 0 = J z Z U oOCir <UQmp= mC°mz0ZOU J z o z0 00 0- z z m z d > = W Z zzzOzp z_QZQ Q W CJ) CC Q �Z Q z z z =- .0 2 :J J J -� J -r ') z f- W fn JWF- -Z= (¢AZzWU WCA ��a..�ZDgQ ZQ W o CC d(JjQU (DCC Zm z :�00� -O< w IX: odml- rJ1zzWP-W5MWMP Jw0JO WLLE0z=mOcc¢-jO awcc�uZW O O .Omo zoo OQ ezw-j OLZooccoIL >��cosY��W zui�oc°n�'S �-d> Q -OOW e=lm (r LI¢Ow�¢�uQJp¢¢d nrt= c>w cn'SJ��z'S�0(D0 W C'3ZCA000AYZF -(n0:E Nm =NZ a 0 c c a m w _ IL W W IL U) J I I I I i i I it Z _ v O (n CO 0 _ O O U W U) z W 0 J O C7 Y LL Q �tS 0 0 0 0 0 0 0 0 0 0 0 a23 0 0 0¢ o 0 M W O CD N M V M CD m O N 61 O R'S r W M to O O 0 0 0 0 0 0 co M M M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O N F= '.,0 0 0 100000000000000000000 O O O O O O O O O O O O O O O O O O O O a M J O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r ((') M O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 d O O O CD to O lD O CD CO O O r LO t0 CO CO O CO (D d' V' i Q(00 I O O O O O O O O O O O O O 't �t V ct V' tOD COO f00 l00 (OD COO COO COD (OO COD (OO fOD COD COO COO (O (OD W COO ! O N N N N N N 9 N N N N N N N N N N N N N a 0 c c a m w _ IL W W IL U) J I I I I i i I it Z _ v O (n CO 0 _ O O U W U) z W 0 J O C7 Y LL OF READING POLICE DEPARTMENT 15 Union Street - Reading, Massachusetts 01867______ _______________________________ Emergency Only: 911 - All Other Calls: (781) 944-1212 - Fax: (781) 944 -2893 Web: www.ci.reading.ma.us/police/ V-3 E3 0 DATE: AUGUST 6, 2009 TO: CHIEF JAMES W.'CORMIER FROM: SGT. DETECTIVE MARK D. SEGALLA RE: READING DISCOUNT LIQUORS INC. —NEW LIQUOR LICENSE I received an application for a new liquor license for Reading Discount Liquors Inc., 1 General Way, Reading MA. I reviewed the ABCC's Application in which George Danis is listed on the application as the owner. I conducted an RMV check into Mr. Danis. He had no BOP or III indicated. I contacted the Hudson MA Police Department where Mr. Danis is CEO of Integratech Solutions. They have no history on Mr. Danis. I contacted the Lynnfield MA Police Department where Mr. Danis had two previous liquor licenses. They have no history on Mi. Danis. Based upon my research, I see no reason why the application should not go forward. '0 Page 1 of 1 Marino, Lillian From: Ramdin, Larry Sent: Friday, July 31, 2009 10:45 AM To: Marino, Lillian Cc: Hechenbleikner, Peter; Schloth, Mike; McCabe, Abigail Subject: Reading Discount Liquors Lillian, This applicant has to apply for a food establishment permit, until we have received some contact from the applicant we are unable to support their application. Also, they have not contacted us as yet, also I believe they should schedule a DRT meeting, but Mike and Abby are in a better position to address that. Larry Larry A. Ramdin MA REHS CHO Health Services Administrator Reading Health Division 16 Lowell Street Reading, MA 01867 781 - 942 -9061 781 - 942 - 9071 -Fax When writing or responding, please remember that the Secretary of State's Office has determined that email is a public record. This communication may contain privileged or other confidential information. If you are not the intended recipient, or believe that you have received this communication in error, please do not print, copy, retransmit, disseminate, or otherwise use the information. Also, please indicate to the sender that you have received this email in error, and delete the copy you received. 4aq 8/4/2009 July 29, 2009 Mr. Peter Hechenbleikner Town Manager Town Of Reading 16 Lowell Street Reading, MA 01867 r Reading Discount Liquors, Inc. One General Way PO Box 672 Reading, MA 01867 E3 ..'C. V G Cam'" -o RE: Package Store — Liquor License Application Dear Peter, Please find enclosed our application for a liquor license for One General Way, Reading. As you can see from the application, Mr. Danis has held two Massachusetts Liquor Licenses in the past, without incident. Our-proposed location, at 128 Marketplace next to the Market Basket, already has ample parking and two access ways for customers to the site. Enclosed please find the following items relative to the liquor license application: o Application • Form 43 • ABCC Form A • License Fee in the amount of $2,200 to the Town of Reading ® Check in the amount of $200.00 to the Commonwealth of Massachusetts o Copy of the Lease • Copy of the proposed plan for the premises • Action of Sole Incorporator by Written Consent • Articles of Organization for Reading Discount Liquors, Inc. with stamp from Secretary of State. We strongly believe a package store at this commercial location will be a benefit to the community. We look forward to obtaining the package store license and continue to work with the Town of Reading for new business development. Please contact me at 781- 944 -5558 x2704 or jheyward@danisproperties ..co>n and let me know if any further information is needed or if you have any questions. With Regards, Jody ar'd On behalf of George E. Danis a,° THE COMMONWEALTH OF MASSACHUSETTS ALCOHOLIC BEVERAGES CONTROL COMMISSION. FORM 43 -Reading 7/15/09 License Number City/Town Date Type of Transaction (Please check' all relevant transagfiong) �)- New License ) New Officer/Director O Pledge of License ) Transfer of License Change of Location Pledge of Stock Change of Manager Alter Premises Oilier Transfer. of Stock Reading Discount Liquors, Inc. Name of licensee Reading - Discount Liquots D/1B/A xlU o 'Licensee . George E. Danis Manager One General Way :Reading , 'MA 01967 Address: Number Street Zip Code Annual All Al�dhni- _.Package Store Annual or Seasonal Category: All Alcohol, Wine & Malt Type: Restaurant, Club, Package Store' Inn, General on Promise, Eto. Description of Licensed Premises: .Premises shall be in'.the shopping center -.where -Marke:t, -Baskift and other retail stores are,lbeated.• The shopping.center is'.owned by an affil date d enti-ty an is located in an inaustrTal zoning district of the town.. THI19 loca On would serve the public well. Applicationwas filed: July 29., 2009 - 4:12 Advertised: 8/04/09* - - Chronicle Date & firne 'F— ' --- Date& ublication Abutters Notified Yes NO Person to contact regarding this transaction: Name: George E. Danis Address: One * General Way, .Reading, NA 01967 Phone #: 339-222-0416 or 781-944'5558,X2704 Remarks: The Local Licensing Authorities By: Alcoholic Beverages Control Commission 'OTenWoriarty Ezecutive Director Remarks; �CN- City/T owu' ' The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 Application for Alcoholic Beverage License for Retail Sale ( New License ( ) New OfficeT/Director j ) Transfer of-License ( ) Other . ( ) Transfer. of Stock (specify) Section 1 -�—y f —�—• Name to appear do the license: �Vl SCCJI.��f1'� LI V .fo Y.�,' � — Fft'1e— Business Name (d/b /a, if different): • Manager of Record: " —P Q) ¢, r- - 1) 61 67 FID of Licen1snee: Address of Premises: One Lima a I IA)g (ViU i e�� hr Zip. Code: � � 11;�& 7 Phone number of premises: ` 1 1 �I ' S� i� d Section 2 Type of license: (check one only). ( ) Club. Q>) Package Store ( ) Veterans Club ( ) General on Premise ( ) restaurant ( ) Other ( ) Innholder ( ) Tavern Section 3 License Category ( X5 All Alcoholic ( ) Wine and Malt ( ) Malt Only ( ) Wine Only ( ) Wine and Maltwith Cordials Permit Sedtioin 4 License Class Annual ( ) Seasonal Section 5 Person (attorney if applicable) who can be contacted concerning this application ( Name: jme, 9 IDaY) t S Address: t,/ i�IQ Ut2Yl� (�t �Lt,�� Z'7 'd 14IG W / G $!o y2 Phone Number: ��' aaa- 0 d1� Section 6 Give a MI description of the premises to be licensed, including location of all entrances and exits: sa, 0.&Lk plan 6a, Seating Capacity: Section 7 Applicant is an: Occupancy Number: Association Corporation Individual Partnership Non-profit corporation LLC Section 8 If applicant is an individual or partnership — List for individual or each partner: Full Name Home"A' d, dress' DOB SSN u. is individual or all partners United States citizens? Yes No' If no, specify citizenship: 8b.. Is individual or all partners involved at least twdnty-one years old?( Yes No Section.9' If the applicant is a corporation, complete the following: SthteofIncorporation: Mogqa6g%t+� Date of incorporation: Date qualified to do business in MA: %. How many shares of stock are authorized: How many shares are issued: 00 Provide In the, box the names if all officers, directors, stockholders and manager. Use * to indicate director Title Full Name Home"A'ddr,ess DOB 55N Shares of stock owned or controlled' ffslaen+ 0M Olmtks 9 , UW1 rLIV 6? 11b 9b. k-ftacb a'copy of the vote by the Board of Directors appointing a manager or principal representatives. — A 0 7,' 9c. If the applicant is a corporation, answer the following questions: 1. Are the majority of directors United States citizens? ( Yes ( ) No 2. Are the majority of directors citizens of Massadhusetts? ( ) Yes ( ) No' 3. Is the manager or principal representative a U.S. citizen? () Yes ( ) No Section 10 If the applicant is an association, provide in the box below the names of all association officers and members. Title Full Name Home Address DOB SSN Phone Number I Ob. Attach a list of all members of the LLC. Section'11 Will there be any construction, remodeling, redecorating or building on the premises for this license? (y ) Yes ( ) No (If yes complete a,b, c and d) a.• Give an exact description of the construction, remodeling, redecorating or building on the premises. e tdlla ✓I�f /aPilnCalM��.T'1 nV1. b. What are the estimated costs: ip 49 ID 00 �ro�� Witt Vl� DyeY•Gi.�i D Vla � W, `ti Vl , ZO d�-1S � ( G5'V 47Ce c. What is the construction schedule: d. State all sources of construction financing 0 Y7p ' �lna v�!oar Section 12 Do you own the premises? (jC.) Yes ( ) No. If yes, please respond to the question below. ( ) As an individual ( ) Jointly Name of Realty Trust v Name of Corporation Other �Vl (ti a�e�(__io � OnVD 9 � 6 o Imrt 01 otl. ors h 1p b L005 fie. k ce v w (If you do not own premises to be licensed, provide the following information about the owner.) Name: n i!5 f ct.t VI G 'FVIA S Phone Number: �1 ' 9 q Q - 5 S S-& Address: q a�q, 12a. If a lease or rental, provide the following information: $ 5 i WO per nn .D y)+ r , (month, year, etc.) �d Uu""�' ktr I SSUtt �if,2 a C Beginning date of lease Ending Date of leasa J. (provide copy of tM.lease) (�(�Ulr ie 05—C FINANCIAL Section 13 " What assets were purchased and cost ?' C'Y peeked: Aqst fS +V ve, - PIXV41a Equipment: ,$ T��"= Furniture: S 10,20 Gobdwill: Inventory: S. License: $_ l _ Premise: $ C ✓ h1 a" 1.3 a. Total Putehase Price: 13b.: Identify below all sources of financing: Mortgage: '$ j f1 Seller: $ 0,,, Cash:. $ Qd • �� Other (specify): $ +Ya _eC Document all sources e.g. Loanpapers, checking accounts, stock sales, etc. �1 A Ue t cie�+i iedf c stn �s � �n c',JrL- 13 c. All other terms and conditions: (provide purchase and sale documents) 13d.Are you seeking approval for license to be pledged: ( ) Yes (?C) No If yes# to whom: 13 e.. Will the inventory be pledged: ( ) Yes ()<I No If yes, specify to whom: 13f. If a corporation, are you seeking approval for any corporate stock to be pledged: ( ) . Yes (><�' No If yes, identify to whom and identify the number of shares: OWNERSHIP INTERESTS Sectiou 14 State the following information} for all persons or entities who will have any direct or indirect beneficial or financial interest in this license: ' Full Name Home Address Phone Number W( 'barn 15 brurchar�s s+� o�vn m� 0 '�6• 33a-2aa o��i*� — �1� 14a. Describe all types of beneficial or financial interest each person or entity identified in Question 14 will have -in this license: 14b. Does any person or entity listed in Question 14 have any direct or indirect beneficial or firianciat interest in any other license granted under Chapter 138? ( ) • Yes (X 'No (9 L 14c. Has any person or entity named in Question 14 ever held a license or beneficial interest in a license issued Yes under Chapter 138 which is not presently held? (�) (if yes, provide the following for each person or entity.) 14d. Describe how all licenses in Question 14c were terminated (e.g. transfer of ownership, non - renewal, surrender, etc.) 10)� � laga Reason wh the license was terminated Ycw-tf USln095 'Ed- var>s is else -ro b UL) 0 to kw r . fro tM LO OLOVIP -C . 14e. Has any person or entity named in Question 14 ever had a license suspended, revoked or cancelled? ( ) Yes �) No . (If yes, provide the following info n h n) 14f. Has any person or entity named in Question 14 ever been convicted of violating any state, federal or military law? ( ) Yes ()Q No 15. a. Each individual applicant must sign. b. Applications by a partnership must be signed by'a majority of the partners. C. Applications by a corporation must be signed by an officer authorized by a vote of the corporations Board of Directors. d. Applications by an association must be signed by a majority of the members if the governing body. All signers must have answered question 10. e. False information or failure to disclose are reasons to revoke a license or deny a license • application. • Sighed aird sgbscribed to under the penalty of perjury; this day of 2Q •The Commonwealth of -Massachusetts ALCOHOLIC BEVERAGES CONTROL COMMISSION THIS FORM MUST BE COMPLETED FOR EACH: A. NEW LICENSE APPLICANT B. APPOINTMENT OR CHANGE•OF MANAGER IN A CORPORATION' C. TRANSFER OF LICENSE (RETAIL ONLY-SEC. 12 & SEC. 15). (Please check which transaction is th6 subject of an application - accompanyl fig this Form A.) PLEASE TYPE OR PRINT ALL INFORMATION ALL OUESTIONS MUST BE ANSWERED AND TELEPHONE NUMBERS'PROVIDED OR APPLICATION WILL NOT BE ACCEPTED, is 2. 8, 4. 5. 6. 8. 9. 10. LICENSEE NAM V111 LA LV% (NAME A-8 IT WILL APPEAR ON THE NAME OF (PROPOSED) MANAGER QeZ) 116. t__ • YN 15 SOCIAL SECURITY. NUMBER cy, - 6 J L 1) HOME (STREET) ADDRESS Oili)L rAa _4_ML_e- AREA CODE AND TELEPHONE NUMBER (S)- (Give both, your home telephone and a number at which you can be reached during the day). DAY TIME # 1Q. HOME# PLACE OF BIRTH: Oeeaee, 7. DATE OF -BIRTH: REGISTERED VOTER-. V"YES NO 8A. WHERE?: ARE YOU A U. S. CITIZEN: YES NO COURT AND DATE Or NATURALIZATION (IF APPLICABLE): (Submit proof of citizenship andlor naturalization such as Voter =s Certificate, Birth Certificate or Naturalization Papers) - I 11. FATHER'S NAME: Ea 12, MOTHER'S MAIDEN NAME, VoLffsts IDENTIFY YOUR CRIMINAL RECORD, (Massachusetts, Military, any other State or Federal): ANY OTHER ARREST OR APPEARANCE IN CRIMINAL COURT CHARGED WITH A CRIMINAL OFFENSE REGARDLESS OF FINAL DISPOS N: YES Zp NO (MUST CHECK EITHER YES OR NO) 14. 1.5. IF YES, PLEASE DESCRIBE OFFENSE (S) SPECIFIC CHARGE AND DISPOSITION (FINE, PENALTY, ETC.) YES �b '11/ PRIOR EXPERIENCE IN THE LIQUOR INDUSTRY: — IF YES, PLEASE DESCRIBE: FINANCIAL INTEREST, DIRECT OR INDIRECT, IN THIS OR ANY OTHER LIQUOR LICENSE PERMIT • OR CERTIFICATE: ' V-- YES . NO I . —1 —1 . --I-. / IF YES, PLEASE DESCRIBE: -A- �S(,&IAVA JJ6666'15 ucy, ice VL*4k�#— Id. 1 . 6. EMPLOYMENT FOR THE LAST TEN YEARS (DatEis, Pbsitlon, Employer, Address and if known, Telephone Numbers): 1 .0 :3q Qwgr.. —1 M . 00 - dxv% 'D'aj-y%6e.') C, .17. HOURS PEE WEEK TO BE SPENT ON THE LICENSED PREMISES: I HEREBY ARTHAT UNDER THE PAINS AND PENALTIES OF PERJURY THAT THE INFORMATION I HAVE T IS APPLICATION IS TRUE TO THE BEST OF MY KNOWLEDGE AND BE-LIEF. BY: 4AT R NAGER SIGNATURE D Fl.kF)LESNMAUREEN.I\MAUR.EEN\FORMS\FORMP.WPD 9/99 2 MCMIRG "ARM READING DISCOUffr UQUOP, INC— CREATrVe PLAYTHINGS BASFZr snrnc JrA is FNTKY ELEVATION - I" = 16' atrATNT rewnG Itsm L-U hc HC 14 M=lm FLOOR PLAN - I/ I G" = P-0' Readmej DI! 125 MARKET PLACE, READING, MA 5cale: V= 126 LOCATION PLAN - 1 128'. 1:1 O is �4 z I (Or Ce c, vi 9. 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ASSOC. 527 MADISON AVE 19TH FL NEW YORK, NY 10022 246054000000004A READIBANK PROPERTIES ONE EASTERN PLACE, EP 1 -07 LYNN,1\4A 01901 2460540000000080 AMERICAN LEGION POST 62 37 ASH ST READING, MA 01867 2460540000000100 FISCHER ANGELA G 45 ASH ST READING, MA 01867 246054000000011B ZOPATTI MONTE J IVY K ZOPATTI 69 ASH ST READING, MA 01867 2460540000000130 CAIN KENNETH J ETAL TRS CAIN REALTY TRUST 16 GOULD ST READING, MA 01867 246054000000020& WILLWERTH WADE TRUSTEE HANLEY REALTY TRUST 26 GREEN ST READING, MA 01867 2460540000000240 SCIANDRA ANGELA J 34 GREEN ST READING, MA 01867 Etiquettes faciles a peter A Bend along line to � Feed Paper expose Pop -Up EdgeTM 2460530000000280 BOISVERT MARCEL P ASH STREET REALTY TRUST 161 ASH STREET READING, MA 01867 2460530000000310 WATSON JOHN J THEODORE R WATSON 155 SOUTH ST READING, MA 01867 2460540000000020 READING SAVINGS BANK ONE EASTERN PLACE, EP 1 -07 LYNN, MA 01901 2460650000001180 MORLEY JOSEPH S HOLLY A MORLEY 256 HAVEN ST READING, MA 01867 2460540000000090 TAORMINA JOYCE 7 GOULD STE READING, MA 01867 2460540000000110 DWYER WAYNE M KATHLEEN SHALE - DWYER 61 ASH ST READING, MA 01867 246054000000011D CAPOBIANCO TONY R AMANDA C CAPOBIANCO 8 GOULD ST READING, MA 01867 246065000000106& YI KAI LUN YI 253 HAVEN ST READING, MA 01867 2460540000000220 BRUKILACCHIO THOMAS J SARAH H BRUKILACCHIO 48 MAPLE RIDGE ROAD READING, MA 01867 2460540000000250 ADRIAN PAMELA 87 ASH ST READING, MA 01867 146 5e® de Repliez a la hachure afin de riw4far la rahord Poo -UoTM AVERY® 51600 i 2460530000000 -0290 DEPERRI ANGELA TRUSTEE RJR REALTY TRUST 17 WOODLAND RD WAKEFIELD, MA 01880 WASH. - READING PLACE LLC A MASS LTD LIABILITY CO 3 INDIANA AVE READING, MA 01867 246065000000119& CIANO JOHN P ARACELI CIANO 244 HAVEN ST READING, MA 01867 2460540000000050 CROSBY JOHN K ETAL TRS J & B CROSBY REALTY TRUST 175 HAVEN ST READING, MA 01867 246054000000009A WETZLER RICHARD E LUCINDA L DAMON -BACH 9 -11 GOULD ST READING, MA 01867 246054000000011A MORIN DONNA M 10 GOULD ST READING, MA 01867 246054000000012B DADY KRISTEN JAMES SINAGRA 83 ASH ST READING, MA 01867 RUCKER CLIFFORD L C & M REALTY TRUST PO BOX 4051 PEABODY, MA 01961 2460540000000230. 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READING, MA 01867 2460640000000140 KNIGHTS OF COLUMBUS INC 15 SANBORN ST READING, MA 01867 Etiquettes faciles a peter 1S +:1; Ia t\\IFrz'V@ K4 An@ i i I A Bend along line to Feed Paper expose Pop -Up EdgeT"' 2460650000001050 BOHLIN PETER J TIMOTHY A CLIFFORD 249 HAVEN ST READING, MA 01867 2460540000000420 SCIRE WILLIAM RALPH J TEDESCO 505 MAIN ST READING, MA 01867 2460540000000450 NICHOLLS SCOTT E 104 ASH ST READING, MA 01867 LIAKOS TRIANTAFYLLIA. 10 RAWSON RD ARLINGTON, MA 02174 SIMPSON BRANDON S 550 MAIN ST. REALTY TRUST 550 MAIN ST READING, MA 01867 246055000000001A RPB PROPERTIES INC 600 SHIRLEY ST WINTHROP, MA 02152 2460550000000210 GRAY'S MAIN & WASH. LLC 15 HERITAGE IN LYNNFIELD, MA 01940 2460650000001020 MKM REALTY tLC 565A MAIN ST READING, MA 01867 246064000000005& NEW ENGLAND PROPERTIES 739 CREEKS EDGE CHARLESTON, SC 29412 246064000000014A PIERRO JERRY GERALDINE N MURRAY ETAL 9 ELVIRA RD NORTH READING, MA 01864 147 A Repliez a la hachure afin de Sens de reveler le rebord Po U rn I e ,+ p pT t AVERY@ 51600 � DALELIO JOSEPH J JR AUNYX REALTY TRUST 5 BARNSLEY RD LYNNFIELD, MA 01940 2460540000000430 DOUCETTE EDWARD J KATHERINE A DOUCETTE PO BOX 273 NO.READING, MA 01864 2460540000000460 LJH MAIN STREET LLC 21 ANGLEWOOD IN NORTH READING, MA 01864 2460650000001030 READING OVERSEAS VETERANS 575 MAIN ST READING, MA 01867 2460540000000770 MARSHMAN JOAN 77 ASH STREET READING, MA 01867 246055000000020& M 3P LLC 467 MAIN ST READING, MA 01867 2460550000000230 413 MAIN STREET LLC 10 JEAN AVE #2 CHELMSFORD, MA 01824 246065000000092& TRIGLIONE ANTHONY J 792R MAIN ST TEWKSBURY, MA 01876 VACCARO PHILIP N P &D VAC REALTY TRUST 12 LATHAM IN READING, MA 01867 246064000000014B KNIGHTS OF COLUMBUS INC 11 SANBORN ST READING, MA 01867 ` www.aver .com 1, Y i 1- 800-xO -AVERY i Easy Peel® Labels i A Bend along line to AVERY® 5160fl �& Use AveryO Template 59600 Feed Paper expose Pop -Up EdgeTM 2460650000001240 2460540000000060 READING CO -OP BANK CHESTERTOWN LLC MAIN STREET READING LLC 180 HAVEN ST 643 MAIN ST P O BOX 6 READING, MA 01867 READING, MA 01867 READING, MA 01.867 2460650000000410 2460650000000420 625 MAIN ST ASSOCIATES LLC FONTES PAUL ALVI E\4RAN N C/O CAPITAL PROP. ASSOC. JEFFREY L VEGLIA KIM L CATER 527 MADISON AVE 33 EDWARD ST 519 MAIN ST NEW YORK, NY 10022 -4304 LYNNFIELD, MA 01867 READING, MA 01867 2460650000000430 246065000000044& 246065000000046& Y.I HOO -SEOK WOBURN DAILY TIMES INC POWER BRIAN JUNG -SOOK YI 531 MAIN ST NEIL MCCUISH 71 JUDIQUE RD READING, MA 01867 9 CHAPIN AVE TEWKSBURY, MA 01876 READING, MA 01867 2460650000000840 POLONSKI LEONARDO BOSTIC FRANKLIN MIRACLE REALTY TRUST ELIZABETH BOSTIC 14 CHAPIN AVE 8 -10 ORDWAY TER READING, MA 01867 READING, MA 01867 LA S/ 148 Etiquettes faciles a peter i ® Repliez a la hachure afin de ! www.avery.corn i Utilisez le aabarit AVER``& 51600 i rh$ernomdant reveler le rebord Fop -UpTM i 1- 800 -GCS -AVERY � 0 F�AW�� Voted: The Traffic Rules and Regulations adopted by the Board of Selectmen on March 28, 1995, for the Town of Reading, are hereby amended as follows: By adding to Article 5, Section 5.3, the following: STREET LOCATION REGULATION Ash Street Between Main Street and Green St on the Westside "No Parking Anytime" Ash Street. Between Main Street and "No Parking Anytime" Green Street on the easterly side a distance of 88` west and south of Main Street DATE OF PASSAGE SELECTMEN'S SIGNATURES TOWN CLERK OF READING TOWN CORPORATE SEAL 150 � -CT TOWN OF READING Voted: The Traffic Rules and Regulations adopted by the Board of Selectmen on March 28, 1995, for the Town of Reading, are hereby amended by adding to Article 5, Section A-2a the following regulation (s). "Parking prohibited during certain hours on certain streets two hour parking all day in the business district 8:00 am to 5:00 PM (Monday through Friday)" Street Location Regulation Ash Street — in the designated parking spaces Between Green Street and Washington St on the west side "2hr Parking 8:00 am- 5:00 pm Mon - Fri DATE OF PASSAGE SELECTMEN'S SIGNATURES TOWN CLERK OF READING TOWN CORPORATE SEAL 151 q Lk� TOWN OF READING Voted: The Traffic Rules and Regulations adopted by the Board of Selectmen on March 28, 1995, for the Town of Reading, are hereby amended as follows: To rescind from Article 6, Section 6.25.5, the following: Street Ash Street DATE OF PASSAGE Location Regulation Ash Street at Gould "DO NOT ENTER" Street TOWN CLERK OF READING TOWN CORPORATE SEAL 152 SELECTMEN'S SIGNATURES Board of Selectmen Meeting August 4, 2009 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 7:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Ben Tafoya, Vice Chairman James Bonazoli, Secretary Camille Anthony, Selectmen Stephen Goldy and Richard Schubert, Town Manager Peter Hechenbleikner, Assistant Town Manager /Finance Director Bob LeLacheur, RCASA Director Erica McNamara, Recreation Administrator John Feudo, Office Manager Paula Schena, and the following list of interested parties: Erica Lynne Deane, Joseph Rossetti, Nancy Linn Swain, Lisa Gibbs, Terry Kennedy, Peter Moscariello and Rick Carter from Reading Baseball Club, Mark Nelson. Reports and Comments Selectmen's Liaison Reports and Comments — Selectman Stephen Goldy noted that he will be meeting with the owner of Swiss Bakers to get feedback on the permitting process. Vice Chainnan James Bonazoli thanked Reading Recreation and the Police and Fire for the 5K Road Race. Selectman Richard Schubert noted that the RMLD is looking into the possibility of a joint power plant with Middleton. There are no concrete plans, just schematic designs. The RMLD is detennining if it would be financially viable. He also noted that the Board received a petition regarding the windscreens at the tennis courts. The neighbors want the screens to be taken down. The Town Manager noted that staff was also surprised with the windscreens. They are a $10,000 item and we would like to recover some of the cost. A motion by Schubert seconded by Anthony to direct the Town Manager to have the windscreens at the tennis courts removed and properly disposed of was approved by a vote of 5 -0 -0. Selectman Camille Anthony noted that she had Office Hours this evening. She also noted that the Audit Committee will be meeting to discuss what areas the auditors should focus on. Town Manager's /Assistant Town Manager's Report The Town Manager gave the following report: • Tennis Courts • Sale of Bonds • Removal of tree — High/Haven Street • HC crosswalk on Birch Meadow Drive is complete. • Curb /sidewalk work on Prescott at Washington Streets • Franklin Street reconstruction 153 5�1 Board of Selectmen Meeting — August 4, 2009 — Page 2 • Sewer inflow Infiltration smoke tests being conducted this Summer /Fall. • Downtown update — o Detour over the weekend o Current detail on 129 o Next week detour on Main for last cross -walk (Main north of Salem) • Amplified sound in public parks • Additional credits on insurance • 128/I -93 — Fay, Spofford and Thorndike selected as consultant for next phases of work — not clear as to what those phases and options are. • Preparation for September 29th Boards /Committees /Commissions training. The Assistant Town Manager noted that September 9, 2009 will be the first Financial Forum this Fall. The main topic will be the FY 2010 Budget. Personnel and Appointments Council on Agin — The Board interviewed Erica Lynne Deane for one position on the Council on Aging. Bonazoli moved and Anthony seconded to place the following name into nomination for one position on the Council on Aging with a term expiring June 30, 2012: Erica Lynne Deane Ms. Deane received five votes and was appointed. Recreation Committee — The Board interviewed Joseph Rossetti for one Associate position on the Recreation Committee. Bonazoli moved and Anthony seconded to place the following name into nomination for one Associate position on the Recreation Committee with a term expiring June 30, 2010: Joseph Rossetti Mr. Rossetti received five votes and was appointed. Discussion /Action Items Highlights — Reading Coalition Against Substance Abuse (RCASA) — RCASA Director Erica McNamara, Nancy Linn Swain and members of the youth group were present, and gave an update on the events over the past year. Introduction — Terry Kennedy,_ Executive Director, ARC — Lisa Gibbs introduced Terry Kennedy, the new Executive Director of the Arc of Middlesex. Mr. Kennedy gave an overview of his experience and invited the Board members to a tour of his facility. Update on Fall Street Faire - Selectman Stephen Goldy noted that they have 65 vendors for the Fall Street Faire on September 13th and they are looking for volunteers. Progress Report on ad hoc Municipal Building Committee — Chairman Ben Tafoya noted that a meeting is being scheduled and asked who will be the Selectmen representatives. He and Vice Chairman James Bonazoli volunteered for the positions. 154 Board of Selectmen Meeting_ August 4, 2009 — Page 3 Discussion — Revised Liquor Policy — The Town Manager noted that the changes reflect the recent vote to not restrict the number of seats for an all alcoholic liquor license. Selectmen Camille Anthony and Richard Schubert recommended striking the requirement for clubs to use pottery because it is more relevant for restaurants. The Town Manager noted that the orderly closing for clubs is the same as for restaurants, just one hour later. Chairman Ben Tafoya directed the Town Manager to ask Town Counsel if the Town can charge an application fee for liquor licenses. Review /Approval of Installation of or at Morton Filed and Future Expansion to Serve Lighted Softball Field — Recreation Administrator John Feudo, and Peter Moscariello and Rick Carter from the Reading Baseball Club were present. Mr. Moscariello noted that the scoreboard will be used by all organizations and will enhance the experience. He also noted that the funding, installation and maintenance will be done by the Reading Baseball Club. Mr. Carter reviewed the location and design of the scoreboard. He noted that they are requesting a scoreboard that is 36' long by 16'8" high and would be located in left centerfield. John Feudo noted that the scoreboard at Symonds Way is 10' by 5', and the scoreboard at the football stadium is 22' by 15'. Selectman Camille Anthony noted that the master plan should be worked on first. Vice Chainnan James Bonazoli had concerns about neighbors who are behind home plate and want a view. Mr. Carter noted that there is a dead spot behind the softball area and there is no sight line due to the screen. Selectman Richard Schubert noted that this will look like a building in the.air it is so big. He also noted that neighbors have complained that they can't see the children walking to school because of the fence and there needs to be a balance. He noted that the fences prevent certain uses of the fields. Mr. Carter noted that this will be signature piece of the club and that timing is more important than size. Chairman Ben Tafoya asked about the components of the scoreboard. Mr. Carter noted that the components are innings, scoreboard, LED message display. and advertising. Chairman Tafoya also asked what the revenue from sponsors will be spent on, and Mr. Carter indicated that it will be spent on maintenance of the field. 6 6k,3 155 Board of Selectmen Meeting — August 4, 2009 — Page 4 Mark Nelson from Remax noted that they have made a six year commitment to be on the football field sign. Mr. Moscariello noted that the reps recommend 24" digits. He also noted that they can eliminate some of the categories if necessary. Chainnan Ben. Tafoya asked where the revenue goes if the board is used for advertising. The Town Manager noted that if it is a one time revenue, it would offset the cost of the sign and if it is annual, it goes to the Town. The consensus of the Board was to have a site visit on August 17th and then make a decision at their meeting on August 18th. Approval of Pilot Pram for Appointment of Volunteers, of two Selectmen members to the Volunteer Appointment Subcommittee — The Town Manager noted that this is a pilot program and it doesn't need a fonnal process. Chairman Ben Tafoya suggested adding a number for mid -year appointments using the same process. A motion by Bonazoli seconded by Anthony to approve the policy establishing the Pilot Program related to the appointment of volunteers to Town of Reading Boards, Committees and Commissions, as amended, was approved by a vote of 5 -0 -0. A motion by Bonazoli seconded by Anthony to place the following names into nomination for two positions on the Volunteer Appointment Subcommittee: Ben Tafoya and Richard Schubert was approved by a vote of 5 -0 -0 and both were appointed. Approve Debt Sale of July 30, 2009 — The Assistant Town Manager noted that the debt sale is for the fire truck and energy performance. The $5.5 million is for energy savings in Town buildings and will take 18 months. Selectman Stephen Goldy requested that the Standard and Poor rating be put on the website, and noted that this is a credit and compliment to the Finance Committee, Bob LeLacheur, the Town Manager and Gail LaPointe. A motion by Anthony seconded by Goldy that the sale of the $5,525,000 General Obligation Municipal Purpose Loan of 2009 Bonds of the Town dated August 1, 2009 (the "Bonds "), to Fidelity Capital Markets, a division of National Financial Services LLC, at the price of $5,588,214.20 and accrued interest is hereby approved and confirmed. The Bonds shall be payable 6n August 1st of the years and in the principal amounts and bear interest at the respective rates, as follows: 5 a� 156 Board of Selectmen Meeting — August 4, 2009 — Page 5 Further Voted: that in connection with marketing and sale of the. Bonds, preparation and distribution of a Notice of Sale and Preliminary Official Statement dated July 24, 2009, and a final Official Statement dated July 30, 2009 (the "Official Statement "), each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted. Further Voted: that the Bonds shall be subiect to redemption, at the option of the Town, upon such terms and conditions as are set forth in the Official Statement. Further Voted: that the consent to the financial advisor bidding for the B prior to the bidding for the Bonds, is hereby confirmed. Further Voted: that the Town Treasurer and the Board of Selectmen be, and hereby are, authorized to execute and deliver a continuing disclosure undertaking in compliance with SEC Rule 15c2 -12 in such form as may be approved by Bond Counsel to the Town, which undertaking shall be incorporated by reference in the Bonds for the benefit of the holders of the Bonds from time to time. Further Voted: that each member of the Board of Selectmen, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of.the foregoing votes. The motion was approved by a vote of 5 -0 -0. Approve Debt Sale of July 30, 2009 — The Assistant Town Manager noted that this is for the MWRA loan for infrastructure work. The loan is at 2% and that results in $327,575 in savings. A motion by Anthony seconded by Bonazoli that the Treasurer and /or the Town Manager be hereby authorized on behalf of the Town to enter into and to execute a Loan Agreement and a Financial Assistance Agreement with the Massachusetts Water Resources Authority (the "Authority ") and any other agreements as may be deemed necessary in connection with the issue and sale of an interest free loan in the aggregate principal amount of a $164,670 Sewer Bond (the "Bond ") to Authority; 157 5 Interest Interest Year Amount Rate Year Amount Rate 2010 $440,000 2.50% 2018 $335,000 3.00% 2011 440,000 2.00 2019 335,000 3.25 2012 440,000 2.00 2020 330,000 3.25 2013 440,000 2.00 2021 330,000 3.375 2014 440,000 2.00 2022 _330,000 3.50 2015 335,000 2.25 2023 330,000 3.625 2016 335,000 2.50 2024 330,000 3.75 2017 335,000 4.00 Further Voted: that in connection with marketing and sale of the. Bonds, preparation and distribution of a Notice of Sale and Preliminary Official Statement dated July 24, 2009, and a final Official Statement dated July 30, 2009 (the "Official Statement "), each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted. Further Voted: that the Bonds shall be subiect to redemption, at the option of the Town, upon such terms and conditions as are set forth in the Official Statement. Further Voted: that the consent to the financial advisor bidding for the B prior to the bidding for the Bonds, is hereby confirmed. Further Voted: that the Town Treasurer and the Board of Selectmen be, and hereby are, authorized to execute and deliver a continuing disclosure undertaking in compliance with SEC Rule 15c2 -12 in such form as may be approved by Bond Counsel to the Town, which undertaking shall be incorporated by reference in the Bonds for the benefit of the holders of the Bonds from time to time. Further Voted: that each member of the Board of Selectmen, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of.the foregoing votes. The motion was approved by a vote of 5 -0 -0. Approve Debt Sale of July 30, 2009 — The Assistant Town Manager noted that this is for the MWRA loan for infrastructure work. The loan is at 2% and that results in $327,575 in savings. A motion by Anthony seconded by Bonazoli that the Treasurer and /or the Town Manager be hereby authorized on behalf of the Town to enter into and to execute a Loan Agreement and a Financial Assistance Agreement with the Massachusetts Water Resources Authority (the "Authority ") and any other agreements as may be deemed necessary in connection with the issue and sale of an interest free loan in the aggregate principal amount of a $164,670 Sewer Bond (the "Bond ") to Authority; 157 5 Board of Selectmen Meeting — August 4, 2009 — Page 6 That the Bond is authorized pursuant to Chapter 44, Section 7(l), of the General Laws, as amended and supplemented, and being a portion of the $299,400 unissued balance of the $380,000 Sewer Bonds authorized by a vote of the Town duly adopted under Article 17 at the 2007 Annual Town Meeting, shall be an interest free loan in the aggregate principal amount of $164,670 dated as of its date of issue, and shall be payable $32,934' on August 15 in each of the years 2010 to 2014, inclusive, was approved by a vote of 5 =0 -0. Approval of Hiring of Community Services Director /Town Planner Position at Step 8 — The Town Manager noted that he recruited an excellent replacement whose level of experience and education are tailor made to what we need in Reading. He noted that Step 8 is where we need to be to hire this person. Chainnan Ben Tafoya noted that he participated in both screening processes, and this person has significantly more experience especially in management. A motion by Anthony seconded by Goldy to approve the hiring of the Community Services Director /Town Planner position at Grade L, Step 8 was approved by a vote of 5 -0 -0. Approval of Minutes A motion by Goldy seconded by Bonazoli to approve the Minutes of July 13, 2009 was approved by a vote of 5 -0 -0. A motion by Goldy seconded by Anthony to approve the Minutes of July 14, 2009, as amended, was approved by a vote of 5 -0 -0. A motion by Goldy seconded by Anthony to adiourn the meetiniz of August 4, 2009 at 9:55 p.m. was approved by a vote of 5 -0 -0. Respectfully submitted, Secretary 158 Sad Board of Selectmen Meeting August 17, 2009 The meeting convened at 7:00 p.m. at Birch Meadow Park — Morton Field, Bancroft Avenue, Reading, Massachusetts. Present were Chairman Ben Tafoya, Secretary Camille Anthony, Selectmen Stephen Goldy and Richard Schubert. Also present were Town Manager Peter Hechenbleikner, Recreation Administrator John Feudo, Reading Baseball Club Representatives Peter Moseariello and Rick Carter. Discussion /Action Items Site Visit — Morton Field — The Board reviewed a mock up of a proposed scoreboard at Morton Field which would be 36 ft. in width, 16' 8" in height, and the maximum height would be 25' 8" above the ground. The Reading Baseball Club made a presentation for the need for the scoreboard and why they wanted to have it designed the way it is. The Board discussed the location, the size and whether or not it should have advertising on it. Following much discussion, the Board agreed that this would be on their Agenda for August 18, 2009 at 8:45 p.m. (giving Selectman Camille Anthony time to get to the meeting). The Board indicated its inclination to move the Board into the centerfield, make the face of the scoreboard flush with the face of the fence, reduce the space between the top of the fence and the bottom of the scoreboard to between one and two feet. A catalog of scoreboards from the vendor being used is available on Eversan.com. There being no further business, on motion by Schubert seconded by Goldy, the Board voted to adjourn their meeting of August 17, 2009 at 8:00 p.m. by a vote of 3 -0 -0. (Selectman Camille Anthony had left before the end of the meeting.) Respectfully submitted, Secretary 159 51 Board of Selectmen Meeting August 18, 2009 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. On motion by Schubert seconded by Goldy, the Board voted to go into Executive Session for the purpose of labor negotiations to come back into Open Session at approximately 7:45 p.m. The motion was approved on a roll call vote with all three members voting in the affirmative. The meeting reconvened at 7:45 p.m. in .the Town Hall Conference Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Ben Tafoya, Secretary Camille Anthony (arrived at 8:15 p.m.), Selectman Richard Schubert and Stephen Goldy, Town Manager Peter Hechenbleikner, Recreation Administrator John Feudo, Peter Moscariello and Rick Carter from Reading Baseball Club, Town Moderator Alan Foulds, Town Meeting Member Stephen Crook, Paul Feely from the Chronicle, Stephen Hagan from the Advocate, Dale Mancuso, John Halsey. Discus sion/Action Items Preview Subsequent Town Meeting Warrant - The Town Manager reviewed the outline of a warrant for several draft articles with the Board of Selectmen. The Board of Selectmen asked for a staff report on Articles 13 and 14. They also asked for a report from Town Counsel on Article 16. Selectman Richard Schubert asked whether we should include articles relative to 40R approval, and the Town Manager indicated that he felt this would better be done at a Special Town Meeting. Selectman Camille Anthony entered the meeting at 8:15 p.m. She suggested that the Board of Selectmen should have a discussion on the earth renewal bylaw, and include representation entation from Conservation, the Building Inspector, CPDC, Town Counsel and the Town Engineer. The Board of Selectmen discussed a memo sent by the Town Manager to the Board of Selectmen. Chain-nan Ben Tafoya remembered seeing the memo but the rest of the Board members did not. The Town Manager will resend the memo to the Board of Selectmen. This will be the subject for one of the reports at Town Meeting. Selectman Camille Anthony asked to have DPW Director Jeff Zager in for one of the Board of Selectmen meetings to talk about roads and the status of the DPW Study. Review "Gifts" Policy — The Board of Selectmen reviewed the gifts policy. The Board agreed to put this on for a hearing and utilize it as proposed. It can always be changed at a later date if needed. rel J I M, Board of Selectmen Meeting — August 182009 — Page 2 Morton Field Scoreboard — Representatives of the Reading Baseball Club came in to talk about the proposed scoreboard at Morton Field. Selectman. Richard Schubert showed some graphics of a 14 x 10 scoreboard versus the 36' x 16' x 8" scoreboard that the Reading Baseball Club had proposed. There was a great deal of discussion on size, advertising and location. Ultimately, the Board of Selectmen approved the following motion subject to the following conditions: On motion by Goldy seconded by Anthony, the Board of Selectmen accepts as a gift from the Reading Baseball Club, and does hereby approve an illuminated score- board for installation at Morton Field, subject to the following conditions: • The scoreboard shall be constructed and maintained at no expense to the Town of Reading. • The location shall be in left centerfield, with the exact location as determined by the Town Manager with advice from the Recreation Administrator and the Parks, Forestry and Cemetery Supervisor. The Parks, Forestry and Cemetery Supervisor shall be responsible for trimming any trees or shrubs required for the scoreboard installation and operation. • The scoreboard shall be constructed with a 1 to 2 foot gap between the top of the existing fence and the bottom of the scoreboard. • The scoreboard shall not include advertising, or acknowledtement of donations or a message board. • Electric service shall be installed underground to the scoreboard from a location determined by the Town Manager, keeping in mind the proposed Birch Meadow Master Plan which would re- orient the lighted softball field and remove the green building adjacent to the lighted softball field. The scoreboard controls shall be wireless, and shall be available to any permitted users of the field as determined by the Recreation Division. • Illumination shall be LED or equivalent lights, not larger than 1811 in height. • The background color of the scoreboard shall be black or dark green, and may include accent colors. • The scoreboard shall have the name of "Morton Field" included on it. • The maximum size of the scoreboard shall be 24' in width by 10' in height, with a maximum height above ground of 17' to 18' and 6" in depth, and shall be similar in design to Eversan catalogue # 9871. • The structural supports shall be adequate in size to handle the size, weight and height of the scoreboard, and the support shall not deviate from the vertical 1p ane. • This approval is subject to receipt by the donor of any permits required including but not necessarily limited to Conservation, building and wiring. • This approval shall be void if construction is not completed by December 31, 2010. The motion was approved by a vote of 4 -0 -0. �G-2/ 161 Board of Selectmen Meeting — August 18, 2009 — Page 3 Review Charter — Town Moderator Alan Foulds and Town Meeting Member Stephen Crook were present. Selectman Stephen Goldy noted that he had suggested a review of the Charter at the Town Meeting. Some of the issues that may need to be reviewed are Town Meeting size, Town Manager authority, number of write in votes, etc. Selectman Richard Schubert noted that he was comfortable with the Charter. Vice Chainnan Ben Tafoya noted that he was comfortable with the Town Manager section because it outlined the need for having a professional Town Manager. Alan Foulds reviewed some research that he had done on the size of Town Meeting and interest in running for Town Meeting. He noted that there are 37 Representative Town Meetings in Massachusetts, and all of them have the same issues with the number of candidates running. The Board started at the beginning and reviewed the Preamble in Article I — There were no issues raised. Article 2 — There was discussion about precinct boundaries, and the Town Manager reminded the Selectmen that the precinct boundaries get redrawn every ten years following the Census. There was discussion about whether Town Meeting Members should be registered voters, and also discussion about the Election cycle and whether it should be changed to two years which the Board of Selectmen ultimately felt was not desirable. Article 3 — The section that references the "Present Personnel Board" should probably be eliminated. Article 4, Section 4-10 — Selectman Stephen Goldy asked if the Boards, Committees and Commissions functions overlap, that should be addressed. Also the qualifications for the Boards, Committees and Commissions members should be detailed. The hour being late, the Board asked to continue the discussion on the Charter review at their meeting on September 22nd. On motion by Schubert seconded by Anthony, the Board voted to a(tiourn their meeting of August 18, 2009 at 10:30 p.m. by a vote of 4-0-0. Respectfully submitted, Secretary 162 5C3 T BRADLEY H. JONES, JR. STATE REPRESENTATIVE MINORITY LEADER Mr. Ben Tafoya, Chairman Reading Board of Selectman 16 Lowell Street Reading, MA 01867 Dear Mr. Tafoya: o�,au,.?e a��ie�ederzta��aed �2fe �,a�de, �adtaiz 02'1.�.�- '1054 August 13, 2009 201' MIDDLESEX DISTRICT READING • NORTH READING LYNNFIELD • MIDDLETON TEL. (617) 722 -2100 Rep .BradleyJones@hou.state.ma.us Thank you for contacting me regarding the Board's support for An Act Relative to Service of Civil Process. I appreciate your interest in this matter. As you know, Senator Richard Tisei filed Senate Bill 1830 and it was referred to the Joint Committee on the Judiciary where it received a public hearing on June 2 °d. You will be pleased to know, I have spoken to the Judiciary Chairman, Representative Eugene O'Flaherty about my support for this bill. I have also met with Mrs. Hoyt regarding her support for this bill. Again, thank you for getting in touch with me. Should you have additional thoughts or concerns regarding this or any other matter, please feel free to contact me at your convenience. 1. Jones, Jr. Leader 163 8 �o u m CD V1 %� lc\ THE COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY MASSACHUSETTS EMERGENCY MANAGEMENT AGENCY De L. Patrick 400 Worcester Road Framingham, MA 01702-5399 Governor Tel: 508-820-2000 Fax: 508-820-2030 Website: www.mass.gov/mema Timothy P. Murray Lieutenant Governor Kevin M. Burke Secretary July 16, 2009 Capt. Richard Tustin, Chair Mystic Region REPC 32 Mount Vernon St. Winchester, MA 01890 RE: Certification of the Mystic Region REPC Dear Capt. Tustin: L IC &'S Don R. Boyce Director R C= C.17 !.—Z 0 On behalf of the Massachusetts State Emergency Response Commission (SERC), I congratulate the Mystic Region REPC for achieving Recertification status. The SERC approved your application at its meeting on June 23, 2009. You 'can be proud of the hard work and accomplishment that you and the members of the Mystic Region REPC have made to achieve this level of certification. The Mystic Region REPC has Recertification status until June 23, 2012. Your REPC is eligible for technical assistance in developing exercises and updating its plan, and may attend regional and national conferences related to this program. Please know that an additional recertification process is required. Your application for Recertification is due to the SERC by June 23, 2012. Listed below is the SERC's guidance on activities your REPC should undertake during the next three years: • Continue training to the appropriate level, all emergency responders and other personnel who may be involved with a hazardous materials event; • Annually review the hazardous materials emergency plan for the REPC; • Develop and conduct an annual exercise of the hazardous materials emergency plan, including a critique and after action review; and • Annually update hazardous materials profiles in the HAZMAT plan of your REPC after the Tier II reporting deadline of March 1. Region I P.O. Box 116 365 East Street Tewksbury, MA 01876 Tel: 978-328-1500 Fax: 978-851-8218 Region 11 P.O. Box 54 12-1 Rear Administration Road Bridgewater, MA 02324-0054 Tel: 508-697-3600 Fax: 508-697-8869 164 Region III / IV 1002 Suffield Street Agawam, MA 01001 Tel: 413-821-1500 Fax: 413-821-159 8 The SERC is committed to helping your REPC succeed and continue moving forward in this program. Several resources are available to help your REPCin its responsibilities: • Electronic Filing of Tier 11 information from industry; • Computer software for planning and emergency response (CAMEOfin, ALOHA, MARPLOT); • Federal Guide for Hazardous Materials Training for Public Sector Employees; • Federal Guidance for Reviewing Hazardous Materials Emergency Plans (NRT-1); and • Massachusetts SERC Website www.mass.gov/mem - Once again, on behalf of the Massachusetts SERC, congratulations and thank you for the tremendous work and commitment the Mystic Region REPC has made to this program. The SERC looks forward to working with your REPC in the future. Please accept the enclosed certificate to commemorate your committee's achievement. If you have any questions or require assistance, please feel free to contact Elaine Denhiston at (508) 820-1447. Sincerely, L V7<--�� Don R. Boyce, SERC Chair Director, Massachusetts Eniergency Management Agency CC: Mystic Region REPC Chief Municipal Official Kevin Tully, MEMA Region I Manager Kerry Evans, MEMA Region I Planner �f 165 AMR "I'M I bl 4-j 61 0i. A-j AM I..% . . . . . I . . . . 0 4--j ro 2 cu ;-i a 0 V r-q o 0 Tmq ;> O 166 C14 r--i C) C14 CC) C14 Q) a, UNC) CO bjD A O O ♦ y j-" 4-04- , im- Ilk LL I I August 10, 2009 Town of Reading • Lowell Reading, t Cliff Sullivan Green Communities Division cliff. sullivan(@state.ma.us Dear Mr. Sullivan, L(( �o Ben Tafoya, Chairman James E. Bonazoli, Vice Chairman f Camille W. Anthony, Secretary Stephen A. Goldy Richard W. SchubertC BOARD OF SELECTMEN rN a4 Wt (781) 942 -9043 FAX: (781) 942 -9071 Website: www.ci.reading.ma.us Please accept the attached as an application for the 2009 Green Communities Planning Assistance Program from the Town of Reading. Our chief contact for this application is Town Manager Peter I. Hechenbleikner (781- 942 -9043 or townmanager@ci.reading.ma.us). At the present time, Reading meets both the first and third criteria listed under Eligibility. Please find attached an As -of -Right zoning bylaw for the first criteria; April 2009 Town Meeting approved a $5- million energy improvements `performance contracting' project, and work has already begun. The project will take almost two years to complete, and is designed to reduce the energy usage of every town and school building. Nearly $4- million of the project is estimated to be self - funding through expected energy savings, but Reading is doing an additional $1- million in work as a commitment towards helping the environment without an immediate financial return. This is similar in many regards to the Town's decision a few years ago to join the MWRA in order to help protect the Ipswich River Basin. In addition, this letter will serve as the Town of Reading's further commitment to meet all five criteria within one year of a technical assistance award. Finally, Reading has partnered with The Reading Advisory Committee on Cities for Climate Protection (http://www.readingina.gov/Pages/ReadingMA BComm /cities) for several years to address energy issues. The mission of this group is "To advise the Board of Selectmen on matters of policy related but not limited to the "Cities for Climate Protection" Program for use within the Town of Reading. The Committee will: conduct a local emissions inventory of greenhouse gas emission; recommend an emissions reduction target; identify local actions that achieve the target; develop a proposed implementation action plan identifying policies and actions; quantify and report benefits created ". If you have any questions, please do not hesitate to contact us. Sincerely, V Be afoya, Chairma Reading Board of Selectmen 167 APPLICANT INFORMATION Municipality Town of Reading Street Address 16 Lowell street City/Town State Zip Code Reading MA 01867 • PLANNING ASSISTANCE ROGRAIVJ1 2009 APPLICATION Contact (print) Peter 1. Hechenbleikner Title Town Manager Telephone Email 781-942-9043 townmanager@ci.reading.ma.us GREEN COMMUNITIES PLANNING ASSISTANCE PROGRAM 2009 APPLICATION ELIGIBILITY 1. Meets one or more of the following Green Communities Criteria (check each box that applies): As-of-Right zoning for renewable or alternative energy generation, R&D facility or manufacturing facility (Please attach a copy of the applicable zoning bylaw) ❑ Expedited permitting process (Please provide evidence of expedited permitting requirement) Established energy baseline for all buildings, vehicles and streetlights and commits to reducing the baseline by 20% over five years (Please provide evidence of energy baseline and policy on energy reduction commitment) ❑ Procure only fuel efficient vehicles (Please provide evidence of purchasing policy) ❑ Requires all new construction to minimize the life-cycle cost of the facility by utilizing energy efficiency, water conservation and other renewable or alternative energy technologies (Please provide evidence that the BBRS (Board of Building Regulations and Standards) stretch code has been adopted, or some other standard that minimizes life cycle energy costs and is enforceable by the municipality for new construction) 2. Letter of commitment to meet all five criteria within one year of technical assistance award (please attach letter from Chief Executive Officer (Board of Selectmen, Mayor) 3. Has established an energy committee and/or partnership with community energy organization to address energy issue (please provide minutes, policy, bylaw or other evidence) Q �!/ L M. 4. Check the box to indicate regional application 11 List municipalities represented by regional entity NOTE: Regional applicant must include letters from the Chief Executive Officer for each of the municipalities listed in this section acknowledging that the regional entity is applying on their behalf and that they are a party to this application. NA AUTHORIZATION I Peter I. Hechenbleilkner, as the Town Manager hereby confirm that I am duly (state your name) (state your title) authorized to submit this application on behalf of the city / town / regional entity of Readina MA and That all information contained in this application is true accurain. d �4 0I Date: - Title: Town Manager CONTACT INFORMATION For more information please contact: Cliff Sullivan Green Communities. Division cliff, sullivan @state. ma. us (617) 626-7360 Applications are due by 5:00prn on Friday, August 7, 2009. Applicants may submit their applications either as hard-copy or via email ��3 169 Reading Advisory Committee on Cities for Climate Protection 16 Lowell Street Reading, MA01867 readingmassecp@hotmaii.com www.ci.reading.ma.us /climate Preliminary Report of the Town of Reading's CO2 Emissions Government Greenhouse Gas Emissions Summary Report Municipal CO2 Tons CO2 % MMBtu Cost ($) Streetlights 371 1.6% 335,905 1,454,562 Buildings 24,446 90.9% 15,470 105,255 Vehicles 1,334 5.7% 3,410 192,968 Water /Sewage 746 3.2% 6,857 192,777 Finding established by the Clean Air and Ctimate Protection Software, which calculated the greenhouse gases and criteria air pollutants produced by Reading's Nlunicipal operations and the communities' energy use and solid, waste disposal. Through data collection and entry. the software analysis module helps create an emissions inventory. The establish benchmark of Cot emissions will enable the C:CP Committee to work with Town Management, Departments and the Community to create and implement a full Action Plan to reduce :Reading's greenhouse gas emissions. Transportation 619 165, Waste 2% 4,136 Water /Sewage 46 5% 1 1 % Streetlights Vehicles 1,334 1371 24,446 Buildings Municipal CD- Emission in Tons and Percentage Community Greenhouse Gas Emissions Summary Report i 9% Residential i 740 i i i I i 8% Commercial 1,098 Community CC2 Emission in Tons and Percentage 170 Community CO2 Tons CO2 % MMBtu Residential 76,740 28.7% 666,304 Commercial 21,098 7.9% 205,961 Transportation 165,145 61.8% 1,916,784 Waste 4,136 1.5% sciq, .iodic as to ction Ain r the i the and fithin sons lings ages and less hks Ig is ions 4.2. GENERAL REQUIREMENTS ' �Us�^ 4.2.1.. Use regulations for all uses, eho| be ~~ -'--'-- � Paragraph "Table by right in and are a part of this By-Law. In the table, "Yes" denotes a use permitted particular district, the letters 11SPN' denote a use permitted in a particular district only by Special Permit from the Board of Appeals; the letters 11SPS" denote a use permitted- in a particular district only by Special Permit from the Board of Selectmen; the letters "SPP" denote. a use permitted in a particular district only by Special Permit from the community Planning and Development commission; "No" denotes a use prohibited in a particular district. 4.2.2. Ta 3le of Uses Residential Uses One Family Dwelling. Yes _Yes No Yes No No No Two Family Dwelling No Yes No Yes No No No Apartment No Yes Yes Yes No Ne No Boarding House No Yes No Yes No 0 —No MoN No Planned Residential Development._ SPP** No SPP** No No -7 N o PUD-R SPP* No No No No No No Public and Quasi-Public Uses Private Kindergartens SPA SPA SPA No No Yes No School Yes Yes Yes Yes Yes Yes Yes Church Yes Yes Yes Yes Yes Yes Yes Hospital No SPA No SPA SPA No —No Nursing Home SPA SPA No SPA SPA YesB No Club or Lodge No No No Yes Yes No No Combined Service Use SPA SPA SPA No – No No No Business and Service Uses Retail Sales No No No Yes Yes No —Yes Consumer Services No No No Yes Yes No —Yes Office No No No Yes Yes Yes Yes Financial Institution No No No Yes Yes Yes —Yes Wholesale Business No No No . Yes Yes Yes Yes i ,Hotel or Motel No No No Yes Yes Yes Yes Reading Zoning By-Laws g 171 Revised aeof July 2OO9 ^ ^ 4.2.2. Table of Uses (Continued) MMMMMMSIHTRIIR 44W- MINIM gem Tourist or Trailer Camp No No No No No No No Place of Assembly No No No Yes Yes No Yes Funeral Establishment No No No Yes Yes No Yes Veterinary Establishment No No No Yes Yes No Yes PLID-B SPP* No No SPP* No No No PLID-1 No No No No No No SPP* Adult Uses No No No No No No SPP* Automotive Uses Sale of New or Used No No No Yes Yes No Yes Service Station No No No Yes Yes No Yes Repair Garage No No No Yes Yes No Yes Car Wash No No No No No No L No Commercial Parking Lot No No No No Yes Yes No I YIMC Auto Grave Yard No tN No No No No No No Industrial Uses Computer Services No No— No No No Yes Yes --- Laboratories No No No No No _Y Yes Research and Development No No No No No Yes _7-6�s Yes _�_ubfishing and Printing No No No— No No Yes Communication Facilities No No No — No No Yes Yes Commercial Communications _'�_PA No SPA SPA SPA SPA SPA Public Utilities Yes Yes Yes Yes No Yes Yes Enclosed Storage No No No Yes Yes No Yes Open Storage No No No No No No No Dry Cleaning Plant No No No No No No No Recreational Uses Commercial Amusements No No No SPS SPS No SPS Commercial Race Track No No No No No No No Other Uses Agriculture, Horticulture, Floriculture, Viticulture on 5+ acres Yes Yes Yes Yes Yes Yes Yes Structures Accessory to Agriculture, Horticulture, Floriculture, Viticulture on 5+ acres Yes Yes Yes Yes Yes Yes Yes Reading Zoning By-Laws 10 Revised asof July 2OO9 172 No 'es "es 'es qo P* P* es es es 40 es 40 es es es es es :)A I s S 10 10 ! )S 0 M Is open ;:irorage Enclosed Storage Yes Ye's Yes Yes Yes Yes Yes Consumer Service No No No Yes . Yes Yes Yes Carriage House-Stable-Barn SPA : SPA SPA Yes No No No Planned I Unit Development may be permitted only within a PUD overlay District on the Zoning Map. Planned Residential Development may be permitted only within a PRD Overlay District which may exist only in an S -15, S-20, S-40 or A-40 or A-80 underlying Zoning District on the Zoning Map. Uses be only in the Industrial District by Special Permit Adult may permitted granted by the Board of Appeals according to the requirements of Section 4.3.4. May be permitted only within a State-owned Interstate highway right-of-way. Mixed Use Overlay may be permitted only in the Downtown Business B District; principally traversed by Main and Haven Streets. A Townhouses shall be permitted in the Business C District B Nursing Home and Senior Independent Living shall be permitted in the Business C District. 4.3. SUPPLEMENTARY REQUIREMENTS All uses shall be subject to the following additional requirements. 9 -Reading Zoning By-Laws 11 173 Revised as of July 2009 g�� August 10, 2009 Peter I. Hechenbleikner Town Manager Town Hall 16 Lowell Street Reading, MA 01867 Commonwealth of Massachusetts DEPARTMENT OF MOUSING & COMMUNITY DEVELOPMENT Deval L. Patrick, Governor ♦ Timothy P. Murray, Lt. Governor ♦ Tina Brooks, Undersecretary Re: Downtown Smart Growth District Application Dear Mr. Hechenbleikner: � r d ol iw r+a E3 CAIN ra —v CD On July 30, 2009, the Department of Housing and Community. Development (DHCD) received a smart growth 40R application from the Town of Reading (Town) for a preliminary determination of eligibility pursuant to 760 CMR 59.03. As provided in 760 CMR 59.05 (2)(a), DHCD accepts applications on the last day of each month. The receipt date of this application was July 31, 2009. In accordance with 760 CMR 59.05, DHCD conducts a completeness review and has 30 days after receipt of the 40R application to notify the Town in writing or by electronic communication if any required element of the application is missing or incomplete. Such notice constitutes a denial of the application. At the end of the completeness review period, DHCD has 60 days to conduct a formal review to determine whether the application satisfies the approval requirements set forth in 760 CMR 59.04(1). The formal review period for this application commences on August 31, 2009 and ends on October 29, 2009. DHCD may require the submission of, additional materials during this period. The formal review period may be extended with the written consent of the Town. If you have any questions, please do not hesitate to contact me. Sincerely, Donald Schmidt Director, Smart Growth Zoning Program cc: Abigail McCabe, Staff Planner ON 1� 174 100 Cambridge Street, Suite 300 www.mass.gov /dhcd Boston, Massachusetts 02114 ' ' 617.573.1100 VC K (D-SAN 572 Haverhill St. Reading, MA 01867 August 19, 2009 Reading Board of Selectmen 16 Lowell St. Reading, MA 01867 RE: Resignation, West Street Historic District Commission Dear Selectmen: I am hereby submitting my resignation from the West Street Historic District Commission, effective immediately. The Commission is currently without a quorum, and unable to take action. I have served on the Commission since June 2005, and in the position of Chairman since June 2006. In the absence of an active and interested membership of sufficient number to make the Commission operate effectively, I see no purpose in my continuing membership. I am willing to act in an advisory capacity if the Commission is reconstituted with new members. Very, truly yours, .'' S an Patterson i cc: Reading Town Clerk Peter Hechenbleikner, Town Manager Kathy Greenfield, Chair Reading Historical Commission 8 m �s 1 C) N O • 175 Page 0f2 Z ^� � � _ �� 0~� «� Schena,PauVa From: Hnohenblaikner.Pabsr, Sent: Monday, August 24, 2009 9:57 AM To: Ron McLaughlin Co: Schena. Paula; Cormier, Jim; Hanhonb|eiknar, Peter; Lee, Michael; ZaQer Jeff; Zambounam, George Subject: RE: West Street Reconstruction Plans Thanks very much for your review and comments nn the West Street project. The that is being conducted now is for Conservation purposes, and io not a review of the entire The public hearings on the project as a whole were conducted by the Massachusetts highway Department months ago, and the question of the signalization of West/Woburn/Wescroft was raised at that time, Interestingly there was a difference of opinion among residents who attended that hearing, but the direction from the Board of Selectmen was to include the signalization of that intersection in the project. | think that there is pretty universal opinion as to the need to construction of proper sidewalks on both n|d*o of the street. There has been no consideration of speed bumps on the street. Thanks for your thoughts. ! agree that this project will affect the daily lives of the many residents and motorists who live in the area and who use West Street. | hope that wn will be able to get this project funded |n the near future and get it into construction before the existing pavement fails completely. PcteHeohanb|uikner Town Manager I/c Board of Selectmen Fromm: Ron McLaughlin [maUtn:mdaughnol@yohoo.con] Sent: Thursday, August 2O,2OO91O:26PM To: Town Manager Subject: West Street Reconstruction Plans Dear Peter Hechenbleikner, I was unable to attend the H/12 meeting oU the West St. Reconstruction Plan but I would like U3 voice ny concerns about the plan. My family and I live at 115 Howard St. (two houses in from West St.). Concerns 1) Traffic lights at intersection of Woburn and West: I strongly oppose that any additional lights be added hz West St. The morning and evening traffic is very heavy on West and I fear that additional lights will negatively effect traffic flow and result in an increase of cars cutting through aide streets. In addition, I'm concerned that with additional lights overall traffic will be significantly worse throughout the entire week regardless of time of day. ` �S��onW�t�.: Mychi��n��nd8a��B�en�ry and walk along West St. to get to school. The street is very dangerous for pedestrians asit isin great need of proper sidewalks. There should also besome consideration of wide speed bumps similar to the ones found in other towns, which would control the speed of i cars traveling on West. 176 ^^ ~ |Schena,PauUa From: Heohenbleiknor, Peter Sent: Monday, August 24, 2009 10:54 AM To: Reading - Gm|ecbnan Cc: Schena, Paula Subject:FW: Your community has signed the Bottle Bill Resolution L Board ofSelectmen From: Jessica Wozniak MassRecycle hnailto:info@ Sent August 03, 20093:24PM To: Reading -Selectmen Subject: Your community has signed the Bottle Bill Resolution 2 Page of /-� ^� �� v�� . |onnnnlai|ingtosay Yo-x]! Your community has signed thenanu|uUonineupoortofuodmUng the Massachusetts Bottle Bill. MassRecycle has been working hard to make the Updated Bottle Bill a What has 0laosRecvcle been doing? • Working closely with a coalition nf advocates, including Sierra Club, MgSSP|NG. and Environmental League CfMassachusetts. • Developed a series of web pages, which describe action steps and provide advocacy tools. • Featured the Updated Bottle Bill in the last In The Loop free newsletter What else can you dohmhelp? Since your community has signed the resolution, I wanted to follow up with a few more action items. ° Mail your resolution to MGssRecyc|8'0O Thoreau Street, #2OD. Concord, M/\O1453 ~ Mail your resolution to your community's Senator and Representative(s). Find yours at ° Send out a press release to your local newspapers. MassRecycle has developed a template for you \ * Distribute our Fact Sheet tV your residents / ° Direct your residents to fill out pledge C8rd, collect them and S8Dd them into W188SR8cyo|8. & Thank your legislators if they have indicated support! Don't forget - thank those who have indicated support! Gevendksois|atorahove indicated support Of the Updated Bottle Bill iD@ Sierra Club questionnaire. If yours are On this list (see yyyyyy \. please C8Uand thank thHOl. |�s easy! AUyou need to say is: "Hi, my name is Jane Smith and I wanted to thank Senator Jones for indicating support on the Updated Bottle Bill." Thanks again! | will continue to update you nnthe progress of our efforts. Stay tuned! 178 Dear Mayor /Admin/BOS (Naive) Jessica Wozniak Executive Director MassRecycle, Inc. 60 Thoreau Street, #203 Concord, MA 01742 617- 338 -0244 (V) 801 - 760 -5056 (F) infoa.massrecycle.org www.massrecygle.org www. massrecyclespaper.or --------------------------- --------------------------- 179 8/24/2009 Page 2 of 2 q y Ceer�i ell NOTICE OF PUBLIC INVOLVEMENT PLAN TERMINATION REQUEST FORMER AGFA CORPORATION FACILITY 80 INDUSTRIAL WAY WILMINGTON, MA Release Tracking Number 3-17097 Permit Number: W023 879 Agfa Corporation designated the 80 Industrial Way Site as a Public Involvement Plan site on November 18, 2005. In accordance with the Public Involvement Plan, a document repository was established at the Town. of Reading Library and annual public information meetings were held on December 16, 2006, December 18, 2007 and December 17, 2008. With the support of the Town of Reading, Agfa has submitted a request to the Massachusetts Department of Environmental Protection to terminate the Public Involvement Plan for the 80 Industrial Way Site. A copy of this request is available at the Public Information Repository located in the Town of Reading Library. Public comments regarding termination of the Public Involvement Plan may be submitted on or before September 1, 2009 to: Alicia Kabir Environmental Resources Management 399 Boylston Street 6'11 Floor Boston, MA 02116 r-a E3 5w� cr 'IA� I.- 00 t WIA, Hours $ Month Monthly Monthly Available Monthly Monthly Available Hours Hours Remainder $ $ Remainder Allocated Used of Year Allocated Used of Year July 51.8 30.6 591.4 $7,000 $4,148 $79,852 August 51.8 591.4 $7,000 $79,852 Septembei 51.8 591.4 $7,000 $79,852 October 51.8 591.4 $7,000 $79,852 November 51.8 591.4 $7,000 $79,852 December 51.8 591.4 $7,000 $79,852 January 51.8 591.4 $7,000 $79,852 February 51.8 591.4 $7,000 $79,852 March 51.8 591.4 $7,000 $79,852 April 51.8 591.4 $7,000 $79,852 May 51.8 591.4 $7,000 $79,852 June 51.8 591.4 $7,000 $79,852 ITotal 622.0 30.6 $84,000 $4,148