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HomeMy WebLinkAbout2005-10-04 Board of Selectmen PacketFAX: (781) 942.9071 Email: townmanager@ci.reading.ma.us Town of Reading 16 Lowell Street Reading, MA 01867 -2685 MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: September 30, 2005 RE: October 4, 2005 Agenda TOWN MANAGER (781) 942 -6643 1 c) Under the Town Manager's section of the agenda, there is a copy of the LIP material for Johnson Woods. This needs to be signed by the Chairman of the Board of Selectmen. This reflects the project as approved and is required in order to get credit as part of the Town's affordable housing stock, of the 17 affordable units to be built within the project. Also included is a copy of the affordable housing plan for the development. 4a) Appraiser Dave Billard and the Board of Assessors are going to do the highlights. They will be talking about the assessment process and particularly about the process of setting the tax rate. The Board will be having a tax classification hearing on or about November 1, 2005, so this will be information that will be helpful to the Board in conducting that hearing. 4b) Brinkers International d/b /a Romano's Mararoni Grill will be requesting two actions by the Board of Selectmen: 1. Change of Manager that is a routine matter, and 2. Change of Officers - this was done on a statewide basis for the Chili's Restaurant that is also owned by Brinkers, but was not done for the Macaroni Grill chain. Both of these are routine matters. 4c) Please see the attached memo regarding 75 Pleasant Street. What I am recommending will allow the Housing Authority to move forward with the four units and establish process for preservation of the two unit historical home, giving an opportunity for the sale of that property or historic preservation if feasible. If the Board approves this concept then we will have specific actions to be taken by the Board. /c/. Page I of Hechenbleikner, Peter From: Ellen Doucette A*cdoucefta@brooheftlucoozmnU Sent: Thurodoy, 29.200510:12AM To: Heohenb|eiknet, Peter; Reilly, Chris Cc: Brad Latham Subject: Johnson Woods LIP - Reg. Agreement Peter and Chris, | have reviewed the most recent revisions ofthe Homebuyers Affirmative Marketing Regulatory Agreement and Deed Rider for the Johnson Woods project, i.e., those documents sent to the Board of Selectmen by cover letter dated September 26, 2005, and am of the opinion that they are now in acceptable form. Ellen Ellen Callahan Doucette, Esq. Brackett &Lucas 165 Washington Street Winchester, W1AU18SU (781)72Q-15UU Fax (781) 72S-5444 This message privileged or protected bv other confidentiality protections. If you are not the designated veoeipientbo aware that any disclosure, copying, distribution, or use of The �ontentsrf this nneoaogeiapnoh|bded. |f you reon�udthis banann�a|inenn�please notify the sender byuap|ye'moi| and delete this message. /01- 9/29/2005 W rr r LATHAM LATHAM & LAMOND5 P.C. 643 MAIN STREET READING, MASSACHUSETTS 01867-3096 W W W. LLLLAW. C O M KENNETH C. LATHAM (1939-1996) O. BRADLEY LATHAM* JOHN T. LAMOND SHEILAH GRIFFIN-REICHARDT JOSHUA E. LATHAM CHRISTOPHER M. O. LATHAM *ADMITTED TO PRACTICE IN MASSACHUSETTS & NEW HAMPSHIRE September 29, 2005 TELEPHONE: (781) 944-0505 FAX: (781) 944-7079 r-i rn 0 %0 Board of Selectmen c/o Peter Hechenbleikner, Town Manager Reading Town Hall 16 Lowell Street Reading, MA 01867 0% Re: Local Initiative Program Application for Johnson Woods situated off of West Street, Reading, MA Dear Peter: Condition 38 of the PUD-R special permit for the project requires that the affordable housing marketing plan be submitted to the Town before the first certificate of occupancy has been issued. Our objective is to submit the entire LIP application, including the marketing plan, to the Town, at this time. We previously submitted a draft LIP application, which included the affordable housing marketing plan, to you, the CPDC and Town Counsel. We then obtained comments from Town Counsel. Attorney Ellen Doucette of Brackett and Lucas, Town Counsel, has reviewed the LIP application and has provided us with her comments. The enclosed LIP application and supportive data are now satisfactory to her and she has indicated that she will send you an email confirming that fact. In accordance with our discussion of last week, we submit multiple copies of the final LIP application. Included in the package are the application form, affordable housing marketing plan, regulatory agreement with its exhibits, deed rider and copy of the special permit. We respectfully request that the Chairperson of the Board of Selectmen sign four copies of the application and that they be returned to us for delivery to the Department of Housing and Community Development for its approval. If you have any questions, please don't hesitate to contact us. Sincerely, Latham, L tham & Lamond, P.C. dl y Latham cc: Ellen Doucette, Esquire Town Counsel Brackett & Lucas Community Planning and Development Commission Reading Town Hall LIP UNITS ONLY APPLICATION Johnson Woods, Reading, NU Developer: Johnson Woods Realty Corporation 8 Doaks Lane Marblehead, MA 01945 Attn: Edward T. Moore Consultants: Judith Epstein Attorney O. Bradley Latham Contents: The following are a part of this application: LIP Application (Includes Unit Composition) Marketing Plan Regulatory Agreement (Property Description and Special Permit Attached) Deed Rider Special Permit Chief Elected Official: Pages I - 6 Exhibit A Exhibit B Exhibit C Exhibit D Community Information Name Camille Anthony Title Chairman, Reading Board of Selectmen Address Town Hall, 16 Lowell Street City/Town/Zip Code Reading, MA 01867 Telephone (781) 942-9043 — E-mail Chairman, Local Housing Partnership (if any): Name Title Address City/Town/Zip Code Telephone ( E-mail M City/Town Planner: Name Chris Reilly Title Town Planner Address Town Hall, 16 Lowell St. City/Town/Zip Code Reading, MA 01867 Telephone (781) 942-9012 — E-mail Chairman, Planning Board: Name Neil Sullivan Title Chairman Address c/o Town Hall, 16 Lowell St. City/Town/Zip Code Reading, MA 01867 _ Telephone (781) 942-9012 — E-mail Community Contact Person for this project: Name Chris Reilly Title Town Planner Address Town Hall, 16 Lowell Street City/Town/Zip Code Reading, MA 01867 Telephone (781) 942-9012 E- mail IC/` . Community Support Narrative & Project Description Please provide a narrative description of the project, including a summary of the project history and the ways in which the community is providing Local Action. The Johnson Woods project, through new construction will result in the creation of 166 condominium units, in 60 anticipated buildings. The project will be a mix of building styles, but shall be predominantly of townhouse and garden style structures. There will be extensive open space provided with the project. Each unit shall have assigned parking. Approval of the project required that the Community Planning and Development Commission (CPDC), acting as the Special Permit Granting Authority, to issue a special permit. According to Section 4.9 of the Reading Zoning By -Law (by -law), the Special Permit Granting Authority (CPDC) may require an applicant to provide affordable dwelling unit of 10% of the total number of dwelling units provided on the site. The objective is for the affordable units to count towards the. DHCH's Subsidized Housing Inventory for the Town of Reading. The Special Permit as issued did require that ten percent of the units be dedicated in perpetuity as affordable housing. A copy of the special permit, as amended, is attached hereto. The developer of the project, Johnson Woods Realty Corporation, has agreed to provide seventeen (17) affordable condominium units, in accordance with the by -law. In order to ensure these units are counted in the Town's Subsidized Housing Inventory, this LIP Units Only application is being prepared with the support of the Town of Reading. Please check Long-Term Restrictions.. Please include). .................... ............................... .. X Affirmative Fair Marketing .......... ............................... ............................. X Units are Low or moderate income.. X Town Action ............. ............................... X IC/ 07 11 Sicnatures of Support for the Local Initiative Units Application Chief Elected Official: Camille Anthony, Chairman, Board of Selectmen (Signature) (Date) Chairman, Local Housing Partnership: NA (Signature) (Date) The Project Project Site: Johnson Woods Street and No.: 468 West Street Community: Reading, MA Zip Code: 01 Site Characteristics: proposed or existing buildings by design, ownership type and size. Project Style x Single - family detached ❑ Attached • Low -rise (less than 35 feet) • Mid Rise (35 -70 feet) ❑ Other Total Number of Units 134 24 Unit Composition Type of Unit: # of # of # of Gross Livable Square Sale Prices/Rent Homeowner's . Condo Ownership Units Bedrooms Baths Square feet feet (Market Units) Condo fee (avg) None 1 $ $ Townhouse 101 2 2.5 2500 2500 $525,000.00 to $300.00 $6957000.00 Garden -style ( "flats ") 24 2 2 1300 1300 $475,000.00 $260.00 Townhouse 37 3 3.5 2900 2900 $625,000.00 to $300.00 $795,000.00 Single family 4 2 -4 2.5 3000 3000 N.A. Each With A Separate Budget Local tax rate per thousand $ 12.57 For Fiscal Year 2005 Affordable Units: The affordable units shall be two bedroom units. They include a mix of garden style and townhouse units. The projected selling price for the affordable units is $168,400., using current standards. The anticipated condominium fee for the affordable units is $170.00 per month. III PHONE NO. : Sep. 19 2005 02:00AM P2 September 2005 HOMEBUYERS AFFIRMATIVE MARKETING AND BUYERS SELECTION PLAN Johnson Woods 468 West Street Reading, Massachusetts 01867 JTE Realty Associates, LLC P. O. Box 955 North Andover, N4assacbusetts 01845 Contact: Judy Epstein Telephone (978) 258-3492 M FROM : PHONE No. : Sep. 19 2005 02:20AM PI Johnson Woods Property Description Johnson Woods is a community of one hundred and sixty -six Dew construction condominiums located at 468 West Street, Reading, Massachusetts. The project is being developed by Johnson Woods Realty Corp... The project is situated on a 28 acre site. The project consists of one hundred and twenty seven two bedroom units, thirty-seven three bedroom units and two single family homes. All affordable units have 2 bedrooms and 2 bathrooms. Unit amenities include refrigerator, disbwasher, range with self- cleaning oven, cabinets, was' dryer hookup, telephone and cable hookup, smoke detectors, exterior deck or patio, and surface Parking, Eight affordable two-bedroom units to be marketed in the first lottery will have a price of $168,400. Sales price for the remaining ni n e affordable two - bedroom uni ts will be set at the time of advertising for the second lottery. Pre-construction two bedroom market rate units will range in price from $510,000 to $750,000, depending on uni t style, The affordable prices have been calculated in accordance with the applicable regulations set forth by D14CD under the LIP program. Seventeen Affordable Units Ten percent, 17 units, will be sold by lottery as affordable units- The utilities' equipment, fixtures and appliances in the affordable units shall be of good quality. This shall not be construed to prevent buyers or the seller of the market rate units from upgrading the utilities, equipment fixtures and appliances, for the purpose of addressing general marketing conditions. The affordable units will be allocated between the major set- aside categories follows, Total Up to Local Set Aside 70% 11 General Population 30% 6 Total 17 -1- toil 0 FROM : PHONE No. : Sep. 19 2005 02-:02AM P1 Income and Asset Re lu—ireMCD18 Purchasers of the 17 affordable units will be required to have incomes below 80% of current (at the time of advertising) Median Income for the Boston PMSA, adjusted for family size. Annual income is defined as the gross annual income of all household members over the age of IS (not including full time dependent students) during the most recent calendar year. The total gross household asset limitation is $50,000, unless the household qualifies for the elderly exemption (all household members must be over age 62), in which case the household may additionally own a home or a life estate (to be sold) in which the purchaser has no more than $100,000 in excess equity after 'purchasing a unit. Other threshold requirements, such as the ability to Obtain 95% thirty year fixed financing on the part of applicants apply. The household shall not have owned a home within three years preceding the application, (unless otherwise specified in the guidelines) and must meet strict income and asset guidelines. Applicants must remain qualified at all stages of the process including pre-screening, lottery selection, mortgage commitment and conveyance. Evidence of eligibility in the form of third party verification will be taken at the time of application and may be requested from the applicant subsequent to the submittal of the application through the time the developer sells a unit. In order to meet DHCD minimum household size requirements for two bedroom units, households with three persons will be selected first (First Rank), followed by household sizes of two persons (Second Rank), followed by household sizes of one person (Third Rank). Local Set Aside Local Set Aside, — Up to 70%, 11 Units: 7) affordable units, a total Of Up to seventy percent (70) percent of the seventeen (1 , eleven affordable (11) units, will be established as a local set aside. The Boston PMSA has a minority percentage of 17.50/,,. In order to comply with DHCD regulations, after the close of the advertising period, if the percentage of minority applicants in the local preference Pool is less than the percentage, of minorities in the surrounding HUD - defined area, the number of minority applicants in the local preference pool will need to be adjusted to the percentage of minorities in the surrounding HUD- defined area, by adding the required number of minority applications from the general pool to achieve the appropriate representation within the local preference pool. A pre-lottery will be conducted on the day of the lottery to select the appropriate number of minority applications that will be entered in the local preference pool to comply with this regulation. All applicants will be entered into all pools for which they qualify. To be eligible for the local preference pool, at least one member of the applicant household must be a current Reading municipal employee (as determined by the Reading Housing Authority), as defined, a current Reading resident, as defined, the parent, child or sibling of a Reading resident, as defined. -2- Ile r Mull . r-MU111C IVU. . S(-_p. eo euviz> UD. 4Z)f-M F'2 A Reading municipal employee is defined as a household in which any household member is currently employed by the Town of Reading (as determined by the Reading Housing Authority) at the time of application, regardless of where they currently reside. A Reading resident is defined as a current resident of the Town of Reading at the time of application. A parent, child or sibling of a Reading resident is defined as the parent, child or sibling of a current Reading resident at the time of application. General Population, — 30 %, 6 Units: 30% of the seventeen affordable units, equal to 6 units, will be set aside for the statewide general population. Affirmative Marketiniz Plan In accordance with Section 8 of the Regulatory Agreement: The Developer shall not discriminate on the basis of race, creed, color, sex, age, handicap, marital status, national origin or any other basis prohibited by law in the selection of the buyers for the Affordable Units. in accordance with DHCD regulations: The Developer shall affirmatively market the Affordable Units to minority households through direct outreach efforts to local churches, social service and civic organizations as well as local and area -wide newsprint media where minority households are most Iikely to be contacted. This outreach effort must continue for a period of at least sixty (60) days prior to the selection of buyers for the affordable units. The Developer agrees to maintain for at least five (S) years following; the sale of the affordable units, a record of all newspaper ads, outreach letters, translations, leaflets and any other outreach efforts, which may be inspected by the Monitoring Agent or the Municipality. Advertising and Sales Promotion The objective of the affirmative fair marketing plan is to attract minority applicants who are qualified buyers. A variety of media and outreach contacts will be used to provide information to minority groups. The outreach program will also inform local residents and non - residents about the availability of the affordable program units. The affirmative fair marketing plan will utilize the following approach: • An announcement of the lottery shall be mailed to the Metrolist Clearinghouse in Boston City Hall: • Newspaper advertising in minority and community publications • Communications with community groups, social, religious, municipal • 'Web Site Advertising & CHAPA Website Advertising • Post informational flyers with town departmentsfbuildings and, if permitted, on town website. -3- i CO i3' FROM : PHONE NO. : Sep. 19 2005 02:03AM P3 Advertisements will be placed in the following newspapers: Newspaper Target Market Rumbo Hispanic Baystate Banner African American The SamPan Asian/Pacific Islander Portuguese Times Cape Verdean Newsletter Native American Native American/Alaskan Tribal Council Native The advertisement will be pla6ed in all of the newspapers twice (one/month) during the sixty day advertising period, All advertisements will include the HUD equal housing opportunity logo. Other newspapers such as Reading Daily Chronicle and the Reading Advocate will also be used to promote the affordable homeownership opportunity to all members of the public. A complete file of all advertisements, notices and flyers and a list of community contacts will be established and maintained for a period of five years, Outreach Plan In addition to newspaper advertising in minority and community publications, outreach efforts will be made to local churches, social services, and civic organizations with a follow-up letter to each organization which will explain the affordable condominium home opportunity at Johnson Woods for participation by eligible applicants. Bulletin board flyers, that summarize the program in a fashion similar to newspaper advertisements, will be provided to these organizations. This will include details of where or how to obtain an application and information packet and details regarding the informational sessions. ME FROM : PHONE ■ : Sep. 19 2005 •,•• Advertising and Sales Promotion Timetable Subsequent to receiving the .DHCD approval, outreach advertising; will commence for a sixty (60) day period prior to estimated completion date of the first affordable unit. The projected occupancy date of the first affordable unit is second quarter 2006. Advertising and outreach is projected to commence in January through February 2006. During this period of time applications will be accepted from all groups. Two informational meetings will be held during the sixty (60) day advertising period. Applicants will be given the necessary guidance to complete the application. Applicants will be encouraged, but not required to attend an informational meeting. Within a two to three week period of the close of the advertising, the lottery will be conducted. Buyer Selection Process The selection process for the affordable units will consist of two pools referenced generally as the affordable unit lottery selection. The pools have been designed to recognize a local preference category and a general pool category, as outlined and further defined in the Seventeen Affordable Units section above- P00141 Pool #2 AFFORDABLE UNITS AFFORDABLE UNITS Local Preference General Population 11 Units 6 Units Applications will be reviewed to determine threshold eligibility. Those households that meet threshold eligibility will be notified by mail and will receive a confirmation letter and Registration Card indicating that they have been entered into the lottery, at the conclusion of the advertising period: Confirmation Letter — confirming threshold eligibility with registration number • Registration Card --- This registration card will have two sections, an applicant section and a perforated section representing a ballot for the lottery pool. Applicants will receive their portion of the card. The perforated matching ballot will be used to enter the eligible applicants in the Iocal preference pool and/or the general pool. The ballot will have a matching registration number to the applicant registration section. -5- �sS l PHONE NO. : Sep. 19 2005 02:04RM R7 The ballots will be placed in a ballot box and drawn randomly one by one. The order of the ballot selection will be as follows: Pool #1 Pool #2 As the ballots are drawn, the ballot number will be assigned a lottery selection number in the order drawn. Two Lottery Selection Lists will be established to match the corresponding Affordable Unit Lottery Pools and to track the order of ballot selection. The order of drawing will be Pool HI followed by Pool #2. After completing the selection of all ballots in Pool #1 and assigning a lottery selection placement number on the Pool 41 Lottery Selection List, the lottery selection will move on to Pool #2 and the same procedure will be implemented until all ballots have been pulled for both Pools and all Lottery Selection Lists have been Completed If there is an insufficient number of ballots in Pool #1 to fill the 11 affordable local set aside units, the remaining units will be added to Pool #2. Once the ballot selection is complete, the appropriate number of selected applicants will be assembled and the selected applicants will be notified that they must begin the process of obtaining their financing. If at any point in the lottery process a selected applicant becomes ineligible, the next eligible applicant will be -notified that they must begin the process of obtaining their financing. 0 W� LOCAL INITIATIVE PROGRAM REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS FOR OWNERSHIP PROJECT This Regulatory Agreement and Declaration of Restrictive Covenants (the "Agreement ") is made this _ day of 2005 by and among the Commonwealth of Massachusetts, acting by and through the Department of Housing and Community Development ( "DHCD "), pursuant to Chapter 204 of the Acts of 1996, the City /Town of Reading ( "the Municipality "), and Johnson Woods Realty Corporation, a Massachusetts corporation, having an address at 8 Doaks Lane, Marblehead, Massachusetts, and its successors and assigns ( "Project Sponsor "). WITNESSETH: WHEREAS, pursuant to G.L. c. 4013, §§ 20 -23 (the "Act ") and the final report of the Special Legislative Commission Relative to Low and Moderate Income Housing Provisions issued in April 1989, regulations have been promulgated at 760 CMR 45.00 (the "Regulations ").which establish the Local Initiative Program ( "LIP "); WHEREAS, the Project Sponsor intends to construct a housing development known as Johnson Woods at a site on West Street in the Municipality, more particularly described in Exhibit A attached hereto and made a part hereof (the "Project "); WHEREAS, such Project is to consist of a total number of one hundred sixty -six (166) condominium units /detached dwellings (the "Units ") and seventeen (17) of the Units will be sold at prices specified in this Agreement to persons or households with incomes at or below eighty percent (80 %) of the regional median household income (the "Low and Moderate Income Units "); WHEREAS, the Chief Elected Official of the Municipality (as that term is defined in the Regulations) and the Project Sponsor have made application to DHCD to certify that the Project is a valid project (as that term is defined in the Regulations) within the LIP Program and therefore that the Project Sponsor is qualified to apply to the Municipality's Community Planning and Development Commission for a special permit and has made application to DHCD to certify that the units in the Project are Local Initiative Units (as that term is defined in the Regulations) with the LIP Program; and WHEREAS, in partial consideration of the execution of this Agreement, DHCD has issued or will issue its final approval of the Project within the LIP Program and has given and will give technical and other assistance to the Project; uPRA -1 09/23/05 , m NOW, THEREFORE, in consideration of the agreements and covenants hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which each of the parties hereto hereby acknowledge to the other, DHCD, the Municipality., and the Project Sponsor hereby agree and covenant as follows: 1. The Project Sponsor agrees to construct the Project in accordance with plans and specifications approved by the Municipality and DHCD (the "Plans and Specifications "). In addition, all Low and Moderate Income Units to be constructed as part of the Project must be indistinguishable from other Units in the Project from the exterior (unless the Project has an approved "Alternative Development Plan" as set forth in the LIP Guidelines for Communities ( "Guidelines ")), and must contain complete living facilities including but not limited to a stove, kitchen cabinets, plumbing fixtures, and washer /dryer hookup, all as more fully shown in the Plans and Specifications. All of the Low and Moderate Income Units shall be two bedroom units. All Low and Moderate Income Units to be occupied by families must contain two or more bedrooms. Low and Moderate Income Units must have the following minimum areas: one bedroom units - 700 square feet two bedroom units - 900 square feet three bedroom units - 1200 square feet four bedroom units - 1400 square feet The Project must fully comply with the State Building Code and with all applicable state and federal building, environmental, health, safety and other laws, rules, and regulations, including without limitation all applicable federal and state laws, rules and regulations relating to the operation of adaptable and accessible housing for the handicapped. The Project must also comply with all applicable local codes, ordinances and by -laws. Each Low and Moderate Income Unit will be sold for no more than the price set forth in Exhibit B attached hereto and made a part hereof to an Eligible Purchaser. An Eligible Pur- chaser is a Family whose annual income does not exceed eighty percent (80 %) of the Area median income adjusted for family size as determined by the U. S. Department of Housing and Urban Development. A "Family" shall mean two or more persons who will live regularly in the Low or Moderate Income Unit as their primary residence and who are related by blood, marriage, or operation of law or who have otherwise evidenced a stable inter - dependent relationship; or an individual. The "Area" is defined as the Boston-MSA/PMSA/Non- Metropolitan County. 3. Upon issuance of a building pen-nit for the project, the Project will be included in the Subsidized Housing Inventory as that term is described in 760 CMR 31.04(1). Only Low and Moderate Income Units will be counted as Subsidized Housing Units for the purposes of the Act. 4. (a) At the time of sale of each Low and Moderate Income Unit by the Project Sponsor, the Project Sponsor shall execute and shall as a condition of the sale cause the purchaser of the Low and Moderate Income Unit to execute a Deed Rider in the form of Exhibit C attached hereto s uPRA -2 09/23/05 A A and made a part hereof (the "Deed Rider "). Such Deed Rider shall be attached to and made a part of the deed from the Project Sponsor to the Unit Purchaser. Each such Deed Rider shall require the Unit Purchaser at the time he desires to sell the Low and Moderate Income Unit to offer the Low and Moderate Income Unit to the Municipality and to DHCD at a discounted purchase price more particularly described therein. The Municipality and DHCD shall have the option upon terms more particularly described in the Deed Rider to either purchase the Low and Moderate Income Unit or to find an Eligible Purchaser. The Deed Rider shall require the Unit Purchaser and the Eligible Purchaser to execute at the time of resale a similar Deed Rider which will be attached and made a part of the deed from the Unit Purchaser to the Eligible Purchaser, so that the affordability of the Low and Moderate Income unit will be preserved each time that subsequent resales of the Low and Moderate Income unit occur. (The various requirements and restrictions regarding resale of a Low and Moderate Income Unit contained in the Deed Rider are hereinafter referred to as the ( "Resale Restrictions "). If upon the initial resale or any subsequent resale of a Low and Moderate Income Unit, the Municipality and DHCD are unable to find an Eligible Purchaser for the Low and Moderate Income Unit, and the Municipality and DHCD each elect not to exercise its right to purchase the Low and Moderate Income Unit, then the then current owner of the Low and Moderate Income Unit shall have the right to sell the Low and Moderate Income Unit to any person, regardless of his income and at fair market value, free of any future Resale Restrictions, provided that the difference between the actual resale price and the discounted purchase price for which the Municipality, DHCD or an Eligible Purchaser could have purchased the Low and Moderate Income Unit (the "Windfall Amount ") shall be paid by the then current owner of the Low and Moderate Income Unit to the municipality. The Munici- pality agrees that all sums constituting Windfall Amounts from the sale of Low and Moderate Income Units shall be deposited in the Municipality's Low and Moderate Income Housing Fund (as that term is hereinafter defined). The Municipality agrees that in the event that it purchases a Low and Moderate Income Unit pursuant to its right to do so contained in the Deed Rider then in effect with respect to such Low and Moderate Income Unit, that the Municipality shall within six (6) months of its acceptance of a deed of such Low and Moderate Income Unit, either (i) sell the Low and Moderate Income Unit to an Eligible Purchaser at the same price for which it purchased the Low and Moderate Income Unit plus any expenses incurred by the Municipality during its period of ownership, such expenses to be approved by DHCD, subject to a Deed Rider satis- factory in form and substance to DHCD and the recording of an Eligible Purchaser Certificate satisfactory in form and substance to DHCD, the method for selecting such Eligible Purchaser to be approved by DHCD or (ii) rent the Low and Moderate Income Unit to a person who meets the income guidelines of the LIP Program, upon terms and conditions satisfactory to DHCD and otherwise in conformity with the requirements of the LIP Program. If the Municipality fails to sell or rent the Low and Moderate income unit as provided herein within said six (6) month period, or if at any time after the initial rental of the Low and Moderate Income Unit by the Municipality as provided herein the Low and Moderate Income Unit becomes vacant and remains vacant for more than ninety (90) days, then such Low and Moderate Income Unit shall cease to be counted as a Subsidized Housing Unit, and shall no longer be included in the Subsidized Housing Inventory. (b) Each Low and Moderate Income Unit will remain a Subsidized Housing Unit and continue to be included in the Subsidized Housing Inventory for as long as the following three conditions are met: (1) this Agreement remains in full force and effect and neither the uPRA -3 09/23/05 10 li Municipality nor the Project Sponsor are in default hereunder; (2) the Project and Low and Moderate Income Unit each continue to comply with the Regulations and the Guidelines as the same may be amended from time to time; and (3) either (i) a Deed Rider binding the then current owner of the Low and Moderate Income Unit to comply with the Resale Restrictions is in full force and effect and the then current owner of the Low and Moderate Income Unit is either in compliance with the terms of the Deed Rider, or the Municipality is in the process of taking such steps as may be required by DHCD to enforce the then current owner's compliance with the terms of the Deed Rider or (ii) the Low and Moderate Income Unit is owned by the Municipality and the Municipality is in compliance with the terms and conditions of the last preceding paragraph, or (iii) the Low and Moderate Income Unit is owned by DHCD. 5. Deleted. 6. The Municipality agrees that upon the receipt by the Municipality of any Windfall Amount or any amount paid to the Municipality pursuant to the provisions of Section 1, Section 3, or Section 4 of the Deed Rider (the "Additional Windfall Amounts "), the Municipality shall deposit any and all such Windfall Amounts or Additional Windfall Amounts into an interest bearing account established with an institutional lender approved by DHCD (the "Affordable Housing Fund "). Sums from the Affordable Housing Fund shall be expended from time to time by the Municipality for the purpose of reducing the cost of Low and Moderate Income Units to Eligible purchasers upon resale or for the purpose of encouraging, creating, or subsidizing the construction or rehabilitation of housing for persons and families of low and moderate income elsewhere in the Municipality. The expenditure of funds from the Affordable Housing Fund shall be made only with the approval of DHCD, such approval not to be unreasonably withheld. 7. Prior to marketing or otherwise making available for sale any of the Units, the Project Sponsor must obtain DHCD's approval of a marketing plan (the "Marketing Plan ") for the Low and Moderate Income Units. Such Marketing Plan must describe the buyer selection process for the Low and Moderate Income Units and must set forth a plan for affirmative marketing of Low and Moderate Income Units to minority households as more particularly described in the Regulations and Guidelines. At the option of the Municipality, the Marketing Plan may also include a preference for local residents for up to seventy percent (70 %) of the Low and Moderate Income Units, subject to all provisions of the Regulations and Guidelines. When submitted to DHCD for approval, the Marketing Plan should be accompanied by a letter from the Chief Elected Official of the Municipality (as that term is defined in the Regulations) which states that the buyer selection and local preference (if any) aspects of the Marketing Plan have been approved by the Municipality and which states that the Municipality will perform any aspects of the Marketing Plan which are set forth as responsibilities of the Municipality in the Marketing Plan. The Marketing Plan must comply with the Regulations and Guidelines and with all other applicable statutes, regulations and executive orders, and DHCD directives reflecting the agreement between DHCD and the U.S. Department of Housing and Urban Development in the case of NAACP, Boston Chapter v. Kemp. If the Project is located in the Boston Standard Metropolitan Statistical Area, the Project Sponsor must list all Low and Moderate Income Units with the City of Boston's MetroList (Metropolitan Housing Opportunity Clearing Center), at Boston City Hall, P.O. Box 5996, Boston, MA 02114 -5996 (617- 635- 3321). All costs of carrying out the Marketing Plan shall be paid by the Project Sponsor. A failure to uPRA -4 r 09/23/05 c comply with the Marketing Plan by the Project Sponsor or by the Municipality shall be deemed to be a default of this Agreement. The Project Sponsor agrees to maintain for at least five years following the sale of the last Low and Moderate Income Unit, a record of all newspaper ads, outreach letters, translations, leaflets, and any other outreach efforts (collectively "Marketing Documentation ") as described in the Marketing Plan as approved by DHCD which may be inspected at any time by DHCD. All Marketing Documentation must be approved by DHCD prior to its use by the Project Sponsor or the Municipality. The Project Sponsor and the Municipality agree that if at any time prior to or during the process of marketing the Low and Moderate Income Units, DHCD determines that the Project Sponsor, or the Municipality with respect to aspects of the Marketing Plan that the Municipality has agreed to be responsible for, has not adequately complied with the approved Marketing Plan, that the Project Sponsor or Municipality as the case may be, shall conduct such additional outreach or marketing efforts as shall be determined by DHCD. 8. Neither the Project Sponsor nor the Municipality shall discriminate on the basis of race, creed, color, sex, age, handicap, marital status, national origin, or any other basis prohibited by law in the selection of buyers for the Units; and the Project Sponsor shall not so discriminate in connection with the employment or application for employment of persons for the construction, operation or management of the Project. 9. (a) The Project Sponsor agrees to comply and to cause the Project to comply with all requirements of the Regulations and Guidelines and all other applicable laws, rules, regulations, and executive orders. DHCD and the Chief Elected official of the municipality shall have access during normal business hours to all books and records of the Project Sponsor and the Project in order to monitor the Project Sponsor's compliance with the terms of this Agreement. (b) Deleted. (c) Throughout the term of this Agreement, the Chief Elected Official shall annually certify in writing to DHCD that each of the Low and Moderate Income Units continues to be occupied by a person who was an Eligible Purchaser at the time of purchase; that any Low and Moderate Income Units which have been resold during the year have been resold in compliance with all of the terms and provisions of the Deed Rider than in effect with respect to each such Low and Moderate Income Unit, and in compliance with the Regulations and Guidelines and this Agreement; and that the Project and the Low and Moderate Income Units have otherwise been maintained in a manner consistent with the Regulations and Guidelines, this Agreement, and the Deed Rider then in effect with respect to each Low and Moderate Income Unit. 10. Upon execution, the Project Sponsor shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for the County where the Project is located or, if the Project consists in whole or in part of registered land, file this Agreement and any amendments hereto with the Registry District of the Land Court for the County where the Project is located (collectively hereinafter the "Registry of Deeds "), and the Project Sponsor shall pay all fees and charges incurred in connection therewith. Upon recording or filing, as applicable, the Project Sponsor shall immediately transmit to DHCD and the uPRA -5 09/23/05 G Municipality evidence of such recording or filing including the date and instrument, book and page or registration number of the Agreement. 11. The Project Sponsor hereby represents, covenants and warrants as follows: (a) The Project Sponsor (i) is a corporation duly organized under the laws of the Commonwealth of Massachusetts, and is qualified to transact business under the laws of this State, (ii) has the power and authority to own its properties and assets and to carry on its business as now being conducted, and (iii) has the full legal right, power and authority to execute and deliver this Agreement. (b) The execution and performance of this Agreement by the Project Sponsor (i) will not violate or, as applicable, has not violated any provision of law, rule or regulation, or any order of any court or other agency or governmental body, and (ii) will not violate or, as applicable, has not violated any provision of any indenture, agreement, mortgage, mortgage note, or other instrument to which the Project Sponsor is a party or by which it or the Project is bound, and (iii) will not result in the creation or imposition of any prohibited encumbrance of any nature. (c) The Project Sponsor will, at the time of execution and delivery of this Agreement, have good and marketable title to the premises constituting the Project free and clear of any lien or encumbrance (subject to encumbrances created pursuant to this Agreement, any loan documents relating to the Project the terms of which are approved by DHCD, or other permitted encumbrances, including mortgages referred in paragraph 19, below). (d) There is no action, suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending, or, to the knowledge of the Project Sponsor, threatened against or affecting it, or any of its properties or rights, which, if adversely determined, would materially impair its right to carry on business substantially as now conducted (and as now contemplated by this Agreement) or would materially adversely affect its financial condition. 12. Except for sales of Units to home buyers as permitted by the terms of this Agreement, Project Sponsor will not sell, transfer, lease, exchange or mortgage the Project with- out the prior written consent of DHCD and the Municipality, but no consent is required for the Project Sponsor to mortgage the Project or to mortgage, sell, transfer, lease, exchange or mortgage non -Low and Moderate Income Units. 13. Until such time as decisions regarding repair of damage due to fire or other casualty, or restoration after taking by eminent domain, shall be made by a condominium association or trust not controlled by the Project Sponsor, (or if the Project consists of detached dwellings, by homebuyers) Project Sponsor agrees that if the Project, or any part thereof, shall be damaged or destroyed or shall be condemned or acquired for public use, the Project Sponsor will use its best efforts to repair and restore the Project to substantially the same condition as existed prior to the event causing such damage or destruction, or to relieve the condemnation, and uPRA -6 09/23/05 1 V thereafter to operate the Project in accordance with the terms of this Agreement, subject to the approval of the Project's lenders, which lenders have been approved by DHCD and the Municipality. 14. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause, part, or provision of this Agreement shall not affect the validity of the remaining portions hereof. 15. All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail, postage prepaid, return receipt requested, to the parties hereto at the addresses set forth below, or to such other place as a party may from time to time designate by written notice: DHCD: Department of Housing and Community Development Attention: Local Initiative Program Director 100 Cambridge St., 3rd Floor Boston, MA 02114 Municipality: Board of Selectmen Town Hall 16 Lowell Street Reading, MA 01867 Project Sponsor: Johnson Woods Realty Corporation 8 Doaks Lane Marblehead, MA 16. (a) This Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed to be an affordable housing restriction as that term is defined in G.L. c. 184, § 31 and as that term is used in G.L. c.184, § 26, 31, 32 and 33. This Agreement is made for the benefit of DHCD, and DHCD shall be deemed to be the holder of the affordable housing restriction created by this Agreement. DHCD has determined that the acquiring of such affordable housing restriction is in the public interest. The term of this Agreement shall be perpetual, provided however, that this Agreement shall terminate if (a) at any time hereafter there is no Low and Moderate Income Unit at the Project which is then subject to a Deed Rider containing the Resale Restrictions, and there is no Low and Moderate Income Unit at the Project which is owned by the Municipality or DHCD as provided in Section 4 hereof, or (b) the Project is acquired by foreclosure or by instrument in lieu of foreclosure, provided that the holder of the mortgage gives DHCD and the Municipality not less then sixty (60) days prior written notice of the mortgagee's intention to foreclose upon the Project or to accept an instrument in lieu of foreclosure. If this Agreement terminates because of a foreclosure or the acceptance of an instrument in lieu of foreclosure as set forth in clause (b) of this paragraph, the Municipality agrees that if at the time of such termination there is one or more Low and Moderate Income uPRA -7 09/23/051 G Unit at the Project which is then subject to a Deed Rider containing the Resale Restrictions or there is one or more Low and Moderate Income Unit at the Project which is owned by the Municipality or DHCD as provided in Section 4 hereof, the Municipality shall enter into a new Regulatory Agreement with DHCD with respect to such Low and Moderate Income Units which shall be satisfactory in form and substance to DHCD. (b) The Project Sponsor. intends, declares and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants, agreements and restrictions contained herein shall be and are covenants running with the land, encumbering the Project for the term of this Agreement, and are binding upon the Project Sponsor's successors in title, (ii) are not merely personal covenants of the Project Sponsor, and (iii) shall bind the Project Sponsor, its successors and assigns and enure to the benefit of DHCD and its successors and assigns for the term of the Agreement. Project Sponsor hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privity of estate are also deemed to be satisfied in full. (c) The Resale Restrictions contained in each of the Deed Riders which are to encumber each of the Low and Moderate Income Units at the Project pursuant to the requirements of this Agreement shall also constitute an affordable housing restriction as that term is defined in G.L. c. 184, § 31 and as that term is used in G.L. c. 184, §§ 26, 31, 32, and 33. Such Resale Restrictions shall be for the benefit of both DHCD and the Municipality and both DHCD and the Municipality shall be deemed to be the holder of the affordable housing restriction created by the Resale Restrictions in each of the Deed Riders. DHCD has determined that the acquiring of such affordable housing restriction is in the public interest. To the extent that the Municipality is the holder of the Resale Restrictions to be contained in each of the Deed Riders, the Director of DHCD by the execution of this Agreement hereby approves such Resale Restrictions in each of the Deed Riders for the Low and Moderate Income Units of the Project as required by the provisions of G.L. c. 184, § 32. 17. The Project Sponsor and the Municipality each agree to submit any information, documents, or certifications requested by DHCD which DHCD shall deem necessary or appropriate to evidence the continuing compliance of the Project Sponsor and the Municipality with the terms of this Agreement. 18. (a) The Project Sponsor and the Municipality each covenant and agree to give DHCD written notice of any default, violation or breach of the obligations of the Project Sponsor or the Municipality hereunder, (with a copy to the other party to this Agreement) within seven (7) days of first discovering such default, violation or breach (a "Default Notice "). If DHCD becomes aware of a default, violation, or breach of obligations of the Project Sponsor or the Municipality hereunder without receiving a Default Notice from Project Sponsor or the Municipality, DHCD shall give a notice of such default, breach or violation to the offending party (with a copy to the other party to this Agreement) (the "DHCD Default Notice "). If any such default, violation, or breach is not cured to the satisfaction of DHCD within thirty (30) days after the giving of the Default notice by the Project Sponsor or the Municipality, or if no Default Notice is given, then uPRA -8 09/23/05 4 within thirty (30) days after the giving of the DHCD Default Notice, then at DHCD's option, and without further notice, DHCD may either terminate this Agreement, or DHCD may apply to any state or federal court for specific performance of this Agreement, or DHCD may exercise any other remedy at law or in equity or take any other action as may be necessary or desirable to correct non - compliance with this Agreement. (b) If DHCD elects to terminate this Agreement as the result of a breach, violation, or default hereof, which breach, violation, or default continues beyond the cure period set forth in this Section 18, then the Low and Moderate Income Units and any other Units at the Project which have been included in the Subsidized Housing Inventory shall from the date of such termination no longer be deemed Low and Moderate Income Housing for the purposes of the Act and shall be deleted from the Subsidized Housing Inventory. 19. The Project Sponsor represents and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed the Consent to Regulatory Agreement attached hereto and made a part hereof. [The balance of this page is blank. The next page is the signature page] uPRA -9 ® v 09/23/05 1 CO Executed as a sealed instrument as of the date first above written. (Project Sponsor)- Johnson Woods Realty Corporation As its President, not individually Department of Housing and Community Development By: its Director (Municipality) Town of Reading By: Chairman of the Board of Selectmen (Chief Elected Official) Attachments: Exhibit A - Legal Property Description Exhibit B - Prices & Location of Low & Moderate Income Units Exhibit C - Form of Deed Rider Exhibit D - Special Permit COMMONWEALTH OF MASSACHUSETTS COUNTY OF ESSEX, ss. September 23, 2005 On this 23`d day of September, 2005, before me, the undersigned notary public, personally appeared Edward T. Moore, President and Treasurer of Johnson Woods Realty Corporation, proved to me through satisfactory photographic evidence of identification, which were to be the person whose name is signed on the preceding document, as President and Treasurer of the Johnson Woods Realty Corporation [Project Sponsor], and acknowledged to me that he signed it voluntarily for its stated purp9se. _ 0. BRADLEY LATHAM NOTARY PUBLIC COMMONWEALTH OF MASSACHUSETTS My Comm. Expires Sept 15, 2011 Public Print Name: My Commission Expires: COMMONWEALTH OF MASSACHUSETTS COUNTY OF SUFFOLK, ss. 200 On this day of 20_, before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification, which were , to be the person whose name is signed on the preceding document, as for the Commonwealth of Massachusetts acting by and through the Department of Housing and Community Development, and acknowledged to me that he /she signed it voluntarily for its stated purpose. Notary public Print Name: My Commission Expires: uPRA -11 09/23/05 1C., COMMONWEALTH OF MASSACHUSETTS COUNTY OF , 200_ On this day of 20—, before me, the undersigned notary public, personally appeared proved to me through satisfactory evidence of identification, which were preceding document, as to b . e the person whose name is signed on the for the City/Town of and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public Print Name: My Commission Expires: LIPRA-1 2 MA 09/23/05 0 Re: Johnson Woods (Project Name) Reading, MA (City/Town) Johnson Woods Realty Trust (Project Sponsor) EXHIBIT A Property Description A residential condominium knows as Johnson Woods, situated on the westerly side of West Street, Reading, Massachusetts. The land currently contained within the condominium is shown as PARCEL AREA 1,217,581 S.F. 27.952 ACRES on the plan entitled `.`Condominium Plan of Land in Reading, Mass.; Johnson Woods Condominium; scale 1 " = 100'; August 9, 2005; Hayes Engineering Inc.; Owner: Johnson Woods Realty Corporation. " which plan is Plan #1167 of 2005. For a complete description of the land and units see Johnson Woods Condominium amended and restated Master Deed dated August 22, 2005 and recorded at the Middlesex South District Registry of Deeds at Book 45931, Page 493. See also the amendment and restatement of the Declaration of Trust for Johnson Woods Condominium recorded at said Registry Book 45931, Page 548. uPRA -13 09/23/05 10,140 Re: Johnson Woods (Project Name) Reading, MA (City/Town) Johnson Woods Realty CoKporation (Project Sponsor) Maximum Selling Prices for Low and Moderate Income Units One bedroom units $ none Two bedroom units $168,400.00 Three bedroom units $ none Four bedroom units none If the Maximum Selling Prices provided in chapter five of the Local Initiative Program Guidelines for Communities are increased, the Maximum Selling Prices provided herein may be increased proportionately, but only with the prior approval of the municipality and DHCD, which approval shall not be un reasonably withheld. Location of Low and Moderate Income Units The housing units which are Low and Moderate Income Units are those designated as lot/unit numbers ❑ a plan of land entitled Elio recorded with the Registry of Deeds in Book _, Page ❑ floor plans recorded with the Master Deed of the Condominium recorded with the , Page Registry of Deeds in Book 41 LIPRA- 14 09/23/05 036 1 LOCAL INITIATIVE PROGRAM DEED RIDER For Ownership Project (annexed to and made part of that certain deed (the "Deed ") from ( "Grantor ") to ( "Grantee ") dated 5200—.) WITNESSETH WHEREAS, pursuant to M.G. L. c. 40B, § §20 -23 (the "Act ") and the final report of the Special Legislative Commission Relative to Low and Moderate Income Housing Provisions issued in April, 1989, regulations have been promulgated at 760 CMR 45.00 et seq. (the "Regulations ") which establish the Local Initiative Program ("LIP "); WHEREAS, the Department of Housing and Community Development, the "Successor Agency" to the Executive Office of Communities and Development of the Commonwealth of Massachusetts, duly organized and existing pursuant to Chapter 204 of the Acts of 1996, administers the LIP Program on behalf of the Commonwealth; WHEREAS, it is the purpose of the LIP Program to give cities and towns greater flexibility in their efforts to provide affordable housing to households having low and moderate incomes. WHEREAS, the Town of Reading (the "Municipality ") acting by and through its Chief Elected Official (as that term is defined in the Regulations) has elected to participate in the LIP Program: WHEREAS, DHCD has determined that the rights and restrictions granted herein to DHCD and to the Municipality serve the public's interest in the creation and retention of affordable housing for persons and families of low and moderate income and in the restricting of the resale price of property in order to assure its affordability by future low and moderate income purchasers; WHEREAS, pursuant to the LIP Program, eligible purchasers such as the Grantee are given the opportunity to purchase certain property at a discount of the property's appraised fair market value if the purchaser agrees to convey the property on resale to an eligible purchaser located by UPDR -1 6/26/03 the Municipality or DHCD, to the Municipality, or to DHCD for a "Maximum Resale Price" equal to the lesser of (a) the appraised fair market value of the property at the time of resale, as determined by DHCD, multiplied by the applicable Discount Rate -(as hereinafter defined), or (b) the amount equal to the purchase price for which a credit - worthy eligible purchaser earning seventy percent (70 %) of area median income could obtain mortgage financing (based on underwriting assumptions used by bona fide mortgage lenders at the time of resale) and assuming that such an eligible buyer will not spend more than thirty percent (30 %) of household income on the payment of principal, interest, real estate taxes, condominium or homeowner's fees, mortgage insurance, and homeowner's insurance premiums), as shall be calculated by DHCD in its sole discretion. The term "bona fide mortgage lenders" shall mean mortgage lenders offering thirty (30) year fixed rate mortgages with interest rates no greater than conforming, conventional market rate mortgages. Notwithstanding anything in this Deed Rider, the Maximum Resale Price shall not be less than the purchase price that the Grantee paid for the Property plus extraordinary capital expenses paid out -of- pocket by Grantee prior to closing, provided that DHCD and the Municipality shall have given written authorization for incurring such expense prior to the expense being incurred, and plus any necessary marketing expenses as may have been approved by DHCD and the Municipality. WHEREAS, the Grantor and the Grantee are participating in the LIP Program, and the Grantor has been awarded a Planned Unit Development Special Permit pursuant to G.L. Chapter 40A, Section 9 and Reading Zoning By -law Section 4.9 et seq. dated June 14, 2004 and recorded at the Middlesex South District Registry of Deeds at Book 43381, page 149, as amended (the "Special Permit "), and in accordance with the LIP Program the Grantor is conveying that certain real property more particularly described in the Deed ( "Property") to the Grantee at a consider- ation which is less than the appraised value of the Property; and WHEREAS, a Discount Rate equal to _% of the appraised fair market value of the Property (the "Discount Rate ") as determined by DHCD is hereby assigned to the Property, and such Discount Rate shall be used in determining the Maximum Resale Price of the Property (UPON ITS DETERMINATION OF THE DISCOUNT RATE FOR THE PROPERTY, DHCD WILL ISSUE TO THE GRANTEE A CERTIFICATE IN RECORDABLE FORM (THE "DISCOUNT RATE CERTIFICATE ") WHICH STATES THE APPROVED DISCOUNT RATE FOR THE PROPERTY AND WHICH SHALL BE RECORDED WITH THE FIRST DEED OF THE PROPERTY.); NOW THEREFORE, as further consideration from the Grantee to the Grantor, DHCD and the Municipality for the conveyance of the Property at a discount in accordance with the LIP Program, the Grantee, his heirs, successors and assigns, hereby agrees that the Property shall be subject to the following rights and restrictions which are hereby imposed for the benefit of, and shall be enforceable by, the Grantor's assignees and designees, the Director of the Department of Housing and Community Development, or its successors, assigns, agents and designees ( "Director ") and the Municipality, acting by and through its Chief Elected Official. UPDR -2 6/26103 1 G 1. Right of First Refusal: (a) When the Grantee or any successor in title to the Grantee shall desire to sell, dispose of or otherwise convey the Property, or any portion thereof, the Grantee shall notify the Director and the Municipality in writing of the Grantee's intention to so convey the property ( "Notice "). The Notice shall contain an appraisal of the fair market value of the Property (assuming the Property is free of all restrictions set forth herein) acceptable to the Director and the Municipality prepared by a real estate appraiser acceptable to the Director and the Municipality and qualified to appraise property for secondary mortgage markets and recognized as utilizing acceptable professional appraisal standards in Massachusetts, and the Notice shall set forth the Discount Rate and the Maximum Resale Price of the Property. Within thirty (30) days of the giving of the Notice by the Grantee, the Municipality shall notify the Grantee in writing (with a copy to the Director) as to whether the Municipality is proceeding to locate an eligible purchaser of the Property or the Municipality shall exercise its right of first refusal to purchase the Property (the Municipality's Notice.) If the Municipality's Notice states that the Municipality is not proceeding to locate an eligible purchaser and that the Municipality shall not exercise its right of first refusal to purchase the Property, or if the Municipality fails to give the Municipality's Notice within said thirty (30) days then, and only under such circumstances, the Director may, at any time from the thirty first (31 st) day after the giving of the Notice to and including the fortieth (40th) day after the giving of the Notice, notify the Grantee in writing (with a copy to the Municipality) as to whether the Director is proceeding to locate an eligible purchaser of the Property or whether the Director shall exercise its right of first refusal, to purchase the Property (the Director's Notice ".) For the purpose of this Deed Rider, an "eligible purchaser" shall mean a purchaser who satisfies the criteria set forth in the LIP Program guidelines in effect at the time the Municipality or the Director locates such purchaser, and who, if located by the Municipality, is ready and willing to purchase the Property within one hundred twenty (120) days after the Grantee gives the Notice, or who, if located by the Director, is ready and willing to purchase the Property between one hundred twenty (120) days and one hundred thirty -five (135) days after the Grantee gives the Notice. (b) In the event that (i) the Municipality's Notice states that the Municipality does not intend to proceed to locate an eligible purchaser and that the Municipality does not intend to exercise its right of first refusal to purchase the Property, or the Municipality fails to give the Municipality's Notice within the time period specified above and (ii) the Director's Notice states that the Director does not intend to proceed to locate an eligible purchaser and that the Director does not intend to exercise its right of first refusal to purchase the Property, or the Director fails to give the Director's Notice within the time period specified above, the Grantee may convey the Property to any third party at fair market value, free of all restrictions set forth herein, provided, however, all consideration and payments of any kind received by the Grantee for the conveyance of the Property to the third party which exceeds the Maximum Resale Price shall be immediately and directly paid to the Municipality. Upon receipt of this excess amount, if any, the Municipality, acting by and through its Chief Elected Official, and the Director or the Director's designee shall issue to the third party a certificate in recordable form (the "Compliance Certificate ") indicating the Municipality's receipt of the excess amount, if applicable, or indicating that no excess amount is payable, and stating that the Municipality and the Director UPDR -3 6 /26/03 to 304 have each elected not to exercise its right of first refusal hereunder and that all rights, re- strictions, agreements and covenants set forth in this Deed Rider shall be henceforth null and void. This Compliance Certificate is to be recorded in the appropriate Registry of Deeds or registered with the appropriate Registry District of the Land Court and such Compliance Certificate may be relied upon by the then owner of the Property and by third parties as constituting conclusive evidence that such excess amount, if any, has been paid to the Municipality, or that no excess amount is payable, and that the rights, restrictions, agreements and covenants set forth herein are null and void. The sale price to a third party shall be subject to DHCD's approval, with due consideration given to the value set forth in the appraisal accompanying the Notice. DHCD's approval of the sale price shall be evidenced by its issuance of this Compliance Certificate. (c) In the event the Municipality, within said thirty (30) day period, notifies the Grantee that the Municipality is proceeding to locate an eligible purchaser or that the Municipality shall exercise the Municipality's right of first refusal to purchase the Property, the Municipality may locate an eligible purchaser, who shall purchase the Property at the Maximum Resale Price subject to Deed Rider satisfactory in form and substance to DHCD, within ninety (90) days of the date that the Notice is given or the Municipality may purchase the Property itself at the Maximum Resale Price within one hundred twenty (120) days of the date that the Notice is given. If the Municipality shall fail to locate an eligible purchaser who purchases the Property within one hundred twenty (120) days of the date that the Notice is given, and if the Municipality fails to purchase the Property itself within said period, then, and only in such circumstances the Director, without any additional notice to the Grantee, may between one hundred twenty -one (12 1) days of the date that the Notice is given and one hundred thirty -five (13 5) days of the date that the Notice is given, purchase the Property itself at the Maximum Resale Price, or locate an eligible purchaser, who shall between one hundred twenty-one (12 1) days and one hundred thirty-five (135) days of the date that the Notice is given purchase the Property at the Maximum Resale Price, subject to a Deed Rider satisfactory in form and.substance to DHCD. If more than one eligible purchaser is located by the Municipality, the Municipality shall conduct a lottery or other like procedure approved by DHCD to determine which eligible purchaser shall be entitled to the conveyance of the Property. If more than one eligible purchaser is located by the Director, the Director shall conduct a lottery or other like procedure in the Director's sole discretion to determine which eligible purchaser shall be entitled to the conveyance of the Property. (d) If an eligible purchaser is selected to purchase the Property, or if the Municipality or the Director elects to purchase the Property, the Property shall be conveyed by the Grantee to such eligible purchaser or to the Municipality or the Director as the case may be, by a good and sufficient quitclaim deed conveying a good and clear record and marketable title to the Property free from all encumbrances except (i) such taxes for the then current year as are not due and payable on the date of delivery of the deed (ii) any lien for municipal betterments assessed after the date of the Notice, (iii) provisions of local building and zoning laws, (iv) all easements, restrictions, covenants and agreements of record specified in the Deed from the Grantor to Grantee, (v) a Regulatory Agreement among DHCD, the Municipality and Johnson Woods UPDR -4 6/26/03 Realty Corporation [the Project Sponsor] dated 2005 and recorded with the Middlesex South District Registry of Deeds in Book , Page , (the "Regulatory Agreement ") or any successor regulatory agreement entered into between DHCD and the Municipality pursuant to the provisions of Section 16 of the Regulatory Agreement, (vi) such additional easements, restrictions, covenants and agreements of record as the Municipality and the Director consent to, such consent not to be unreasonably withheld or delayed, and (vii) in the event that the Property is conveyed to an eligible purchaser, a Deed Rider satisfactory in form and substance to DHCD which the Grantee hereby agrees to annex to said deed. (e) Said deed shall be delivered and the purchase price paid (the "Closing ") at the Registry of Deeds in the County where the Property is located, or at the option of the eligible purchaser (or the Municipality or the Director, as the case may be, if the Municipality or the Director is purchasing the Property), exercised by written notice to the Grantee at least five (5) days prior to the delivery of the deed, at such other place as the eligible purchaser (or the Municipality or the Director, as the case may be, if the Municipality or the Director is purchasing the Property) may designate in said notice. The Closing shall occur at such time and on such date as shall be specified in a written notice from the eligible purchaser (or the Municipality or the Director, as the case may be, if the Municipality or the Director is purchasing the Property) to the Grantee, which date shall be the least five (5) days after the date on which such notice is given, and if the eligible purchaser is located by the Municipality, or if the Municipality is purchasing the Property no later than one hundred twenty (120) days after the Notice is given by the Grantee, or if the eligible purchaser is located by the Director, or if the Director is purchasing the Property, no earlier than one hundred twenty -one days (12 1) days after the Notice is given by the Grantee and no later than one hundred thirty-five (13 5) days after the Notice is given by the Grantee. (f) To enable Grantee to make conveyance as herein provided, Grantee may if he so desires at the time of delivery of the deed, use the purchase money or any portion thereof to clear the title of any or all encumbrances or interests; all instruments so procured to be recorded simultaneously with the delivery of said deed. (g) Water and sewer charges and taxes for the then current tax period shall be apportioned and fuel value shall be adjusted as of the date of Closing and the net amount thereof shall be added to or deducted from, as the case may be, the purchase price payable by the eligible purchaser or by the Municipality or the Director. (h) Full possession of the Property free from all occupants is to be delivered at the time of the Closing, the Property to be then in the same condition as it is in on the date hereof, reasonable wear and tear only excepted. (i) If Grantee shall be unable to give title or to make conveyance as above stipulated, or if any change of condition in the Property not included in the above exception shall occur, then Grantee shall be given a reasonable time not to exceed thirty (30) days after the date on which uPDR -5 6/26103 C the Closing was to have occurred in which to remove any defect in title or to restore the Property to the condition hereby provided for. The Grantee shall use best efforts to remove any such defects in the title whether voluntary or involuntary and to restore the Property to the extent permitted by insurance proceeds or condemnation award. The Closing shall occur fifteen (15) days after notice by Grantee that such defect has been cured or that the Property has been so restored. The eligible purchaser (or the Municipality or the Director, as the case may be, if the Municipality or the Director is purchasing the Property) shall have the election, at either the original or any extended time for performance, to accept such title as the Grantee can deliver to the Property in its then condition and to pay therefore the purchase price without deduction, in which case the Grantee shall convey such title, except that in the event of such conveyance in accordance with the provisions of this clause, if the Property shall have been damaged by fire or casualty insured against or if a portion of the Property shall have been taken by a public authority, then the Grantee shall, unless the Grantee has previously restored the Property to its former condition, either: (i) pay over or assign to the eligible purchaser or the Municipality or the Director as the case may be, on delivery of the deed, all amounts recovered or recoverable on account of such insurance or condemnation award less any amounts reasonable expended by the Grantee for the partial restoration, or if a holder of a mortgage on the Property shall not permit the insurance proceeds or the condemnation award or part thereof to be used to restore the Property to its former condition or to be so paid over or assigned, give to the eligible purchaser or to the Municipality or the Director, as the case may be, a credit against the purchase price, on delivery of the deed, equal to said amounts so retained by the holder of the said mortgage less any amounts reasonable expended by the Grantee for any partial restoration. 0) If the Municipality fails to locate an eligible purchaser who purchases the Property within one hundred twenty (120) days after the Notice is given, and the Municipality does not purchase the Property during said period, and the Director fails to locate an eligible purchaser who purchases the Property between one hundred twenty -one (121) days and one hundred thirty - five (135) days after the Notice is given, and the Director does not purchase the Property within said period, then following expiration of one hundred thirtyfive (13 5) days after the Notice is given by Grantee, the Grantee may convey the Property to any third party at fair market value, free and clear of all rights and restrictions contained herein, including, but not limited to the Maximum Resale Price, provided, however, all consideration and payments of any kind received by the Grantee for the conveyance of the Property to the third party which exceeds the Maximum Resale Price shall be immediately and directly paid to the Municipality. Upon receipt of this excess amount, if any, the Municipality and the Director shall issue to the third party a Compliance Certificate in recordable form indicating the Municipality's receipt of the excess amount, if any, and indicating that the Municipality and the Director have each elected not to exercise its right to locate an eligible purchaser and its right of first refusal hereunder and that all uPDR -6 6/26 /03 V rights, restrictions, agreements and covenants contained herein are henceforth null and void. This Compliance Certificate is to be recorded in the appropriate Registry of Deeds or registered with the appropriate Registry District of the Land Court and such Compliance Certificate may be relied upon by the then owner of the Property and by third parties as constituting conclusive evidence that such excess amount, if any, has been paid to the Municipality and that the rights, restrictions, agreements and covenants set forth herein are null and void. The sale price to a third party shall be subject to DHCD's approval, with due consideration given to the value set forth in the appraisal accompanying the Notice. DHCD's approval of the sale price shall be evidenced by its issuance of this Compliance Certificate. 2. Resale and Transfer Restrictions: Except as otherwise stated herein, the Property or any interest, therein shall not at any time be sold by the Grantee, the Grantee's successors and assigns, and no attempted sale shall be valid, unless: (a) the aggregate value of all consideration and payments of every kind given or paid by the eligible purchaser (as located and defined in accordance with Section 1 above) or the Municipal- ity or the Director, as the case may be, to the then owner of the Property for and in connection with the transfer of such Property, is equal to or less than the Maximum Resale Price for the Property, and (i) if the Property is conveyed to an eligible purchaser, unless a certificate (the "Eligible Purchaser Certificate ") is obtained and recorded, signed and acknowledged by the Director or the Director's designee and the Municipality acting by and through its Chief Elected Official which Eligible Purchaser Certificate refers to the Property, the Grantee, the eligible purchaser thereof, and the Maximum Resale Price therefor, and states that the proposed conveyance, sale or transfer of the Property to the eligible purchaser is in compliance with the rights, restrictions, covenants and agreements contained in this Deed Rider, and unless there is also recorded a new Deed Rider executed by the eligible purchaser which new Deed Rider the Eligible Purchaser Certificate certifies is satisfactory in form and substance to DHCD and the Municipality; (ii) if the Property is conveyed to the Municipality unless a Certificate (the "Municipal Purchaser Certificate ") is obtained and recorded, signed and acknowledged by the Director or the Director's designee and by the Municipality, acting by and through its Chief Elected Official, which Municipal Purchaser Certificate refers to the Property, the Grantee, the Municipality, and the Maximum Resale Price for the Property and states that the proposed conveyance, sale or transfer of the Property to the Municipality is in compliance with the rights, restrictions, covenants and agreements contained in this Deed Rider; or (b) pursuant to Sections 1(b) or 1(f), any amount in excess of the Maximum Resale Price which is paid to the Grantee by a purchaser who is permitted to buy the Property pursuant to Sections 1(b) or 1(f), is paid by the Grantee to the Municipality, and the Director or the Director's designee and the Municipality acting by and through its Chief Elected Official execute and deliver a Compliance Certificate as described in Section 1(b) or 1(f) for recording with the appropriate registry of deeds or registry district. LIPS R -7 1 6/26103 � Ce $9- (c) Any good faith purchaser of the Property, any lender or other party taking a security interest in such Property and any other third party may rely upon a Compliance Certificate or an Eligible Purchaser Certificate or a Municipal Purchaser Certificate referring to the Property as conclusive evidence of the matters stated therein and may record such Certificate in connection with conveyance of the Property, provided, in the case of an Eligible Purchaser Certificate and a Municipal Purchaser Certificate the consideration recited in the deed or other instrument conveying the Property upon such resale shall not be greater than the consideration stated in the Eligible Purchaser Certificate or the Municipal Purchaser Certificate as the case may be. If the Property is conveyed to the Director, the acceptance by the Director of a deed of the Property from the Grantee and the recording of such deed shall be deemed conclusive evidence that all rights, restrictions, covenants and agreements set forth in this Deed Rider have been complied with and no certificate to that effect shall be necessary to establish the validity of such conveyance. If the Property is conveyed to the Municipality, any future sale of the Property by the Municipality shall be subject to the provisions of Section 4 of the Regulatory Agreement. (d) Within ten (10) days of the closing of the conveyance of the Property from Grantor to Grantee, the Grantee shall deliver to the Municipality and to the Director a true and certified copy of the Deed of the Property, together with information as to the place of recording thereof in the public records. Failure of the Grantee, or Grantee's successors or assigns to comply with the preceding sentence shall not affect the validity of such conveyance. (f) The Grantee understands and agrees that nothing in this Deed Rider or the Regulatory Agreement in any way constitutes a promise or guarantee by DHCD or the Municipality that the Grantee shall actually receive the Maximum Resale Price for the Property or any other price for the Property. 3. Restrictions Against Leasing and Junior Encumbrances: The Property shall not be leased, refinanced, encumbered (voluntarily or otherwise) or mortgaged without the prior written consent of the Director and the Municipality, provided, however, that this provision shall not apply to a first mortgage granted in connection with this conveyance. Any rents, profits, or proceeds from any transaction described in the last preceding sentence which transaction has not received the prior written consent of the Director and the Municipality shall be paid to and be the property of the Municipality. In the event that the Director and the Municipality in the exercise of their absolute discretion consent to any such lease, refinancing, encumbrance or mortgage, it shall be a condition to such consent that all rents, profits or proceeds from such transaction which exceed the carrying costs of the Property as determined by DHCD and the Municipality in their sole discretion shall be paid to and be the property of the Municipality. 4. Rights of Mortgagees: (a) Notwithstanding anything herein to the contrary, but subject to the next succeeding paragraph hereof, if the holder of record (other than the Grantor or any person related to the Grantor by blood, adoption, or marriage, or any entity in which the Grantor has a financial interest) of a first mortgage granted to a state or national bank, state or federal uaDR -8 6/26/03 t CO 's q savings and loan association, cooperative bank, mortgage company, trust company, insurance company or other institutional lender or its successors or assigns (other than the Grantor, or any person related to the Grantor by blood, adoption or marriage, or any entity in which the Grantor has a financial interest) shall acquire the Property by reason of foreclosure or similar remedial action under the provisions of such mortgage or upon conveyance of the Property in lieu of foreclosure, and provided that the holder of such mortgage has given DHCD and the Municipality not less than (60) days prior written notice of its intention to foreclose upon its mortgage or to accept a conveyance of the Property in lieu of foreclosure, the rights and restrictions contained herein shall not apply to such holder upon such acquisition of the Property, any purchaser (other than the Grantor or any person related to the Grantor by blood, adoption or marriage, or any entity in which the Grantor has a financial interest) of the Property at a foreclosure sale conducted by such holder, or any purchaser (other than the Grantor or any person related to the Grantor by blood, adoption or marriage, or any entity in which the Grantor has a financial interest) of the Property from such holder, and such Property shall thereupon and thereafter be free from all such rights and restrictions. (b) In the event such holder, conducts a foreclosure or other proceeding enforcing its rights under such mortgage and the Property is sold for a price in excess of the greater of (i) the sum of the outstanding principal balance of the note secured by such mortgage plus all future advances, accrued interest and all reasonable costs and expenses which the holder is entitled to recover pursuant to the terms of the mortgage and (ii) the Maximum Resale Price applicable on the date of the sale, such excess shall be paid to the Municipality in consideration of the loss of the value and benefit of the rights and restrictions herein contained held by the Director and the Municipality and released by the Director and the Municipality pursuant to this section in connection with such proceeding (provided, that in the event that such excess shall be so paid to the Municipality by such holder, the Municipality shall thereafter indemnify such holder against loss or damage to such holder resulting from any claim made by the mortgagor of such mortgage to the extent that such claim is based upon payment of such excess by such holder to the Municipality in accordance herewith, provided that such holder shall give the Municipality prompt notice of any such claim and shall not object to intervention by the Municipality in any proceeding relating thereto.) In order to determine the Maximum Resale Price of the Property at the time of foreclosure or other proceeding, the Municipality or DHCD may, at its own expense, obtain an appraisal of the fair market value of the Property satisfactory to such holder. The Maximum Resale Price shall be determined as set forth above in this Deed Rider. If the holder disagrees with such appraised value, the holder may obtain a second appraisal, at the holder's expense and the Maximum Resale Price shall be equal to the average of the two appraisal amounts multiplied by the Discount Rate. To the extent the Grantee possesses any interest in any amount which would otherwise be payable to the Municipality under this paragraph, to the fullest extent permissible by law, the Grantee hereby assigns its interest in such amount to said holder for payment to the Municipality. 5. Covenants to Run With the Property: (a) The Grantor and the Grantee, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby UPDR -9 6126/03 V . grant and assign to the Municipality, the Municipality's agents, successors, designees and assigns and to the Director, the Director's agents, successors, designees and assigns the right of first refusal to purchase the Property as set forth herein, and the right to enforce the rights and restrictions, covenants and agreements set forth in this Deed Rider. The Grantor and the Grantee hereby grant to the Municipality and to the Director the right to enter upon the Property for the purpose of enforcing any and all of the restrictions, covenants and agreements herein contained, and to enforce the Municipality's and the Director's rights of first refusal to purchase the Property and the rights of the Municipality and the Director to designate a purchaser of the Property as set forth herein, and of taking all actions with respect to the Property which the Municipality or the Director may determine to be necessary or appropriate, with or without court order, to prevent, remedy or abate any violation of the restrictions, covenants and agreements and to enforce the Municipality's and the Director's rights of first refusal to purchase the Property and the rights of the Municipality and the Director to designate a purchaser of the Property set forth herein. The rights hereby granted to the Municipality and the Director shall be in addition to and not in limitation of any other rights and remedies available to the Grantor or the Municipality or the Director for enforcement of the restrictions, rights, covenants and agreements set forth in this Deed Rider. It is intended and agreed that all of the agreements, covenants, rights and restric- tions set forth above shall be deemed to be covenants running with the Property and shall be binding upon and enforceable against the Grantee, the Grantee's successors and assigns and any party holding title to the Property, for the benefit of and enforceable by the Municipality, the Municipality's agents, successors, designees and assigns and the Director, the Director's agents, successors, designees and assigns for a period which is the shortest of (i) fifty years from the creation of the restriction, or (ii) upon the recording of a Compliance Certificate or (iii) upon the recording of an Eligible Purchaser Certificate and a new Deed Rider executed by the eligible purchaser referenced in the Eligible Purchaser Certificate, which new Deed Rider the Eligible Purchaser Certificate certifies is in form and substance satisfactory to DHCD and the Municipality or (iv) upon the conveyance of the Property to the Municipality and the recording of a Municipal Purchaser Certificate as set forth herein or (v) upon the conveyance of the Property to the Director in accordance with the terms hereof. (b) This Deed Rider and all of the agreements, restrictions, rights and covenants contained herein shall be deemed to be an affordable housing restriction as that term is defined in M.G.L. c. 184, § 31 and as that term is used in M.G.L. c. 184, §§ 26, 31, 32, and 33. (c) The Monitoring Agent shall be entitled to a reasonable fee equaling (hereinafter, the "Re -Sale Fee ") of the sales price regardless of whether the Affordable Unit is being sold to an eligible purchase, or the Municipality, or to a third party at fair market value. The fee shall be the Monitoring Agent's compensation for the services performed with respect to monitoring the sale of the Property for compliance with the requirements of this Deed Rider. This fee shall be paid by the Grantee as a closing cost at the time of closing, and payment of the fee of the Monitoring Agent shall be a condition precedent to closing, failing which the Monitoring Agent shall have a claim against the Grantee and persons claiming under the grantee for which the Monitoring Agent may seek an attachment against the Property. UPDR -10 6/26/03 1 (d) The Grantee intends, declares and covenants on behalf of itself and its successors and assigns (i) that this Deed Rider and the covenants, agreements, rights and restrictions contained herein shall be and are covenants running with the land, encumbering the Property for the term of this Deed Rider, and are binding upon the Grantee's successors in title, (ii) are not merely personal covenants of the Grantee, and (iii) shall bind the Grantee, its successors and assigns and enure to the benefit of the Municipality and the Director and their successors and assigns for the term of the Deed Rider. Grantee hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Deed Rider to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privity of estate are also deemed to be satisfied in full. (e) Without limitation on any other rights or remedies of the Grantor, the Municipality, and the Director, their agents, successors, designees and assigns, any sale or other transfer or conveyance of the Property in violation of the provisions of this Deed Rider, shall, to the maximum extent permitted by law, be voidable by the Municipality, the Municipality's agents, successors, designees and assigns or by the Director, the Director's agents, successors, designees or assigns by suit in equity to enforce such rights, restrictions, covenants, and agreements. 6. Notice: Any notices, demands or requests that may be given under this Deed Rider shall be sufficiently served if given in writing and delivered by hand or mailed by certified or registered mail, postage prepaid, return receipt requested, to the parties hereto at the addresses set forth below, or such other addresses as may be specified by any party by such notice. Municipality: Town of Reading c/o Board of Selectmen DHCD: Grantor: Grantee: Town Hall 16 Lowell Street Reading, MA 01867 Department of Housing and Community Development Att'n: LIP Director 100 Cambridge Street, 3rd Floor Boston, MA 02114 UPD R -1 1 6/26(03 o 42- . Any such notice, demand or request shall be deemed to have been given on the day it is hand delivered or mailed. 7. Further Assurances: The Grantee agrees from time to time, as may be reasonably required by the Municipality or the Director, to furnish the Municipality and the Director with a written statement, signed and, if requested, acknowledged, setting forth the condition and occupancy of the Property, information concerning the resale of the Property and all other information pertaining to the Property or the Grantee's eligibility for and conformance with the requirements of the LIP Program. 8. Waiver: Nothing contained herein shall limit the rights of the Director to release or waive, from time to time, in whole or in part, any of the rights, restrictions, covenants or agreements contained herein with respect to the Property. Any such release or waiver must be made in writing and must be executed by the Director or his /her designee and must be approved by the Municipality. 9. Severability: If any provisions hereof or the application thereof to any person or circumstance shall come, to any extent, to be invalid or unenforceable, the remainder hereof, or the application of such provision to the persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law. [The balance of this page is blank. The next page is the signature page.] uPDR -12 6i26fo3 I� COMMONWEALTH OF MASSACHUSETTS County of , ss '200 On this day of , 20_, before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification, which were , to be the person whose name is signed on the preceding document [Grantor], and acknowledged to me that he /she signed it voluntarily for its stated purpose. Notary Public Print Name: My commission expires: COMMONWEALTH OF MASSACHUSETTS County of , SS. 1200 _ On this day of , 20_, before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification, which were , to be the person whose name is signed on the preceding document [Grantee], and acknowledged to me that he /she signed it voluntarily for its stated purpose. Notary Public Print Name: My commission expires: 9.23.05 © DHCD When used in the Local Initiative Program, this form may not be modified without the written approval of the Department of Housing and Community Development. uPDR -14 6/26103 to tj '� - E Wn.'ravr Iv F- W. i I.r 0 Town of Reading - L*CE:IVED 16 Lowell Street I OWN CLERK Reading MA 01867 -2683 ';G,`%DIhG, MASS. Phone: 781- 942 -9012 Fax: 781- 942 -9071 1005 JUN 21 P 2: 30 Email: creMy®ci.reading.ma.us Community Planning and Development Commission CERTIFICATE OF ACTION PLANNED UNIT DEVELOPMENT (PUD) SPECIAL PERMIT MINOR AMENDMENT JOHNSON WOODS REALTY CORPORATION For property addressed at 468 West St., Reading, MA The Reading Community Planning and Development Commission hereby finds that the following plan changes are minor modifications and hereby approves such changes (4 -0). As a consequence, the PUD -R Special Permit dated June 14, 2004, and recorded at the Middlesex South District Registry of Deeds at Book 43381 page 149, as amended by decision recorded at Book 45178 Page 43, is hereby so modified: 1. Buildings 12,13 and 14 and a small section of Green Meadow Drive are relocated to be as shown on the plan entitled "Proposed Revised Plan; Johnson's Woods, Planned Unit Development, Reading, Massachusetts; Grazado Velleco Architects; Plan No. X1.2; date; 2 May 2005 ", a copy of which plan is on file with the Planning Office at the Reading Town Hall. 2. Building No. 12 is divided into two buildings, resulting in the duplex becoming two single family carriage style dwellings, and being re- designated as Building Nos. 12a and 12b, as shown on the above - referenced Proposed Revised Plan. As a consequence of this modification and the prior amendment, which added additional land and five additional dwelling units to the PUD parcel, the building types and unit counts are now as follows: four (4) single family dwelling units; 138 townhouse dwelling units and 24 garden -style dwelling units, for a total of 166 dwelling units. Signed a the accura , - te: Ilil�llilllll III II IIII II III I III II�IIIIIIIII 8k: 45716 Pg: 173 Doc: CERT C e11 y Page: 1 of 1 07/27/2005 03:46 PM Town Planner LATIN, L.ATHAM & LAMOND, P.C. Johnson Woods PUD minor amend- 6.13.05 �`t f3 MAIN STREET READING, MA 01667 !s - — - t �i ;i 3UJ° R� Bk: 45178 Pg: 43 i i Town of R60"'dding ]I ViL :- 0 16 Lowell Street I CL1:RK � � ' � -� (�{ C:. M r S S . Reading, MA 01867 -2683 "' Phone: 781.942 -9012 Fax: 781- 942.907 20011 APR - S A cI: 4 0 Email: creilly0d.reading.ma.us Community Planning and Development Commission DECISION PLANNED UNIT DEVELOPMENT (PUD) PRELIMINARY PLAN AMENDMENT JOHNSON WOODS REALTY CORPORATION For property addressed at 468 West St., Reading, MA We, the Community Planning and Development Commission, under the requirements of Section 4.9.3.10, upon review and hearing of the application for determination of a minor amendment to the Preliminary Planned Unit Development (PUD) Plan for property currently addressed at 468 West Street (Assessors Map 58, Lots 7,10) submitted by Johnson Woods Realty, Inc., and upon finding it a major amendment requiring a duly noticed and advertised public hearing as conducted on March 25,2004; on a motion duly made and seconded, do hereby vote (4 -0): to approve the major amendment to this Preliminary PUD Plan as shown in drawing C3A and titled "Preliminary Site Plan 'Johnson Woods' Planned Unit Development in Reading, Massachusetts;' dated March 15, 2004, indicating the addition of five (5) units and approximately 35,400 SR This approval is subject to the following conditions: 1. Town Counsel shall review and confirm that there is legal access onto the Longwood Rd. extension for Mr. Peterson's new, relocated house, which CL. zn �og (] N �Q a ai CO GO0) x99 to a. shall replace his existing house. V3 2 Y1j The A licant shall submit two (2) com fete sets of final reliminar r pP P Jr y plans, properly stamped, indexed, titled and dated, showing this amendment prior to the submission of the Final PUD Plan, and those drawings shall be stamped and tilted "Preliminary Application" and incorporate all of the conditions set forth in the Preliminary PUD Plan approval dated February 9, 2004. 3. Should Town Counsel be of the opinion that the new,.relocated Peterson house does not have legal access onto the Longwood-Ad. extension, then this major amendment is denied and prior to the submission of the definitive plans the Applicant shall submit two (2) complete sets of the final Preliminary PUD plans, properly stamped, indexed, titled and dated, f Prelim Decision amend 3.25.04final.doc 'M% f GOPYA rrr . TOWN CLERK Is 1® i 1 Bk: 45178 Pg: 44 Town of Reading Community Planning and Development Commission DECISION PLANNED UNIT DEVELOPMENT (PUD) PRELIMINARY PLAN MODIFICATION JOHNSON WOODS REALTY CORPORATION For property addressed at 468 West St., Reading, MA showing the Preliminary PUD Plan approved on February 9, 2004 and incorporating all the conditions approved in that decision. Signed-as to the accuracy of the vote. Chris Reilly Town Planner 'y TOWN CLERK • 'Ae % IS R-Zjzfer Page 2 (6 149' _y l3k: 43381 Pg: 149 DECISION PLANNED UNIT DEVELOPMENT SPECIAL PERMIT ISSUED BY THE COMMUNITY PLANNING AND DEVELOPMENT COMMISSION ON THE APPLICATION OF 0 IA JOHNSON WOODS REALTY CORPORATION Igal For property addressed at 468 West St., Reading, MA l.. I Icn PROCEDURE: This Decision by the Community Planning and Development Commission, as approved with conditions, applies to application for a Planned Unit Development pursuant to Mass. General Laws Chapter 40A, Section 9 and Reading Zoning By-Law Section 4.9 et seq. as to property at 468 West Street and shown as Parcels 6 and 7 on Reading Assessors' Map 58. The record owner of lot 7 is Johnson Woods Realty Inc. ("Applicant") with offices at 8 Doaks Lane, Marblehead, MA 01945, and the record owner of Lot 6 is John Savarino. On November 24, 2003, the Applicant applied for a Special Permit under Section 4.9 et seq. of the Reading Zoning By-Laws to allow for the development of a Planned Unit Development -Residential (PUD-R) containing 160 condominium units contained in attached townhouses and flat ("garden style") buildings,. 1 detached condominium, and accessory uses on approximately 27 acres. For:,-- convenience, all of such land is hereinafter collectively called the "Property"." The application included documents as noted in the Materials list and othdr supporting documents. As advised by Zoning By-Laws Section 4.9, a pre-submission presentation was- made to the CPDC on September 29, 2003, during which comments were provided to the Applicant for the purpose of refining the proposed development to be consistent with the intent of Section 4.9. The CPDC, sitting as the Special Permit Granting Authority (SPP), held a public hearing, with four (4) members present throughout and with sessions held on November 24, 2003; December 8, 2003; December 22, 2003; January 12, 2004; January 26, 2004; and February 9, 2004; May 24, 2004 and June 14, 2004 on such application. Proper publication was made and proper written notice of these public hearings, in conformity with Massachusetts General Laws Chapter 40A, Section 11 and as johnsonwoodsfinalDecision6.14.04.doc LATHAM, LA"AM & LAM ...... 643 MAIN SIRE E-1 READING- hiAZ�CAUSSTTS 01867-3096 q 111�II�IINI I II 1111111 1111 III 11��JIIIl111 Town of Reading 43381 Pq: 1407/27 9 DE019 PageSk: - 1 0117 12004 02:08 PM 16 Lowell Street Reading, MA 01867-2683 :*, MASS. Phone: 781-942-9012 Fax: 781-942-9071 1904 JUN 24 P 4: 1 Email: creWy@d.readinS.ma.us Community Planning and Development Commission DECISION PLANNED UNIT DEVELOPMENT SPECIAL PERMIT ISSUED BY THE COMMUNITY PLANNING AND DEVELOPMENT COMMISSION ON THE APPLICATION OF 0 IA JOHNSON WOODS REALTY CORPORATION Igal For property addressed at 468 West St., Reading, MA l.. I Icn PROCEDURE: This Decision by the Community Planning and Development Commission, as approved with conditions, applies to application for a Planned Unit Development pursuant to Mass. General Laws Chapter 40A, Section 9 and Reading Zoning By-Law Section 4.9 et seq. as to property at 468 West Street and shown as Parcels 6 and 7 on Reading Assessors' Map 58. The record owner of lot 7 is Johnson Woods Realty Inc. ("Applicant") with offices at 8 Doaks Lane, Marblehead, MA 01945, and the record owner of Lot 6 is John Savarino. On November 24, 2003, the Applicant applied for a Special Permit under Section 4.9 et seq. of the Reading Zoning By-Laws to allow for the development of a Planned Unit Development -Residential (PUD-R) containing 160 condominium units contained in attached townhouses and flat ("garden style") buildings,. 1 detached condominium, and accessory uses on approximately 27 acres. For:,-- convenience, all of such land is hereinafter collectively called the "Property"." The application included documents as noted in the Materials list and othdr supporting documents. As advised by Zoning By-Laws Section 4.9, a pre-submission presentation was- made to the CPDC on September 29, 2003, during which comments were provided to the Applicant for the purpose of refining the proposed development to be consistent with the intent of Section 4.9. The CPDC, sitting as the Special Permit Granting Authority (SPP), held a public hearing, with four (4) members present throughout and with sessions held on November 24, 2003; December 8, 2003; December 22, 2003; January 12, 2004; January 26, 2004; and February 9, 2004; May 24, 2004 and June 14, 2004 on such application. Proper publication was made and proper written notice of these public hearings, in conformity with Massachusetts General Laws Chapter 40A, Section 11 and as johnsonwoodsfinalDecision6.14.04.doc LATHAM, LA"AM & LAM ...... 643 MAIN SIRE E-1 READING- hiAZ�CAUSSTTS 01867-3096 q Bk: 43381 Pg: 150 - " Town of Reading Decision: Johnson Woods PUD -R Special Permit Community Planning and Development Commission otherwise required, was sent by mail, postage prepaid, to all parties in interest. Legal notice was also provided on the Town Planner webpage, as was various elements of the application and supporting materials prior to and during the public hearing. Testimony was presented during the public hearing, including but not limited to that given by the Applicant and its consultants, Town employees and parties of interest. During the public hearing process, the proposed development plans have been revised to provide additional detail or to address issues raised by the public or during the Design Team Review (DRT) process consisting of Town staff, including but not limited to the Town Manager, Town Planner, DPW Director, Town Engineer, Conservation Administrator, Fire Chief, Public Safety Officer, Health Administrator, Tree Warden, RMLD, Minutes of the DRT sessions were provided to the Applicant and were made available in the public record, and were reviewed by CPDC in the public hearing. A draft Decision incorporating all language herein was reviewed in entirety by Town Counsel, and the CPDC; the Applicant and the public during the public hearing before it was closed and this Decision rendered. MATERIALS: The following materials were submitted as the plans of record and testimony for the deliberation as the public record. All materials have been available for public inspection. Application for Planned Unit Development- Preliminary Permit Application Under Town of Reading Zoning By -Laws, Section 4.9, dated November 5, 2003. The Preliminary PUD Plans are comprised of a grouping of 18 sheets, with each sheet bearing its own title, drawing numbered: A -1 through A -7; C -1 through C -9, and L -1. The title /index page is entitled "'Johnson Woods,' Planned Unit Development in Reading, Massachusetts;' Date Issued: November 17, 2003; Civil Engineering and Land Survey: Hayes Engineering, Inc; Architect: Grazado Velleco Architects. The title page has an index listing all of the other sheets by drawing number, title and the latest issue date. This grouping of 18 sheets is referred to collectively in this Decision as the "Preliminary PUD Plan." Application for Final Planned Unit Development Residential Special Permit. ,Johnson Woods Condominiums, Reading, Massachusetts, dated April 28, 2004. Page 2 so ep Bk: 43381 Pg: 151 Town of Reading Decision: Johnson Woods PUD-R Special Permit Community Planning and Development Commission The Final PUD Plans are comprised of a grouping of 23 sheets, with each sheet bearing its own title, drawing numbered: A-1 through A-9; C-1 through C-12, and L-1 through L2. The title/index page is identified as C-1 and entitled "Index Plan - 'Johnson Woods,' Planned Unit Development in Reading, Massachusetts;" Date Issued: April 14, 2004; Civil Engineering and Land Survey: Hayes Engineering, Inc; Architect: Grazado Velleco, Architects. The title page has an index listing all of the other sheets by drawing number, title and the latest issue date. This grouping of 23 sheets is referred to collectively in this Decision as the "Final PUD Plan." The CPDC also received information and comments from Town Staff, Boards and Commissions and Consultants. The following documents (including plans, reports, correspondence and supplemental material) were submitted for consideration by the CPDC either as part of the filing or during the preliminary and final public hearing process: Memo from Town Engineer to Town Planner Re: Johnson Woods Preliminary PUD, dated December 8, 2003. Supplemental Information- Planned Unit Development-Preliminary Permit Application Under Town of Reading Zoning By-Laws, Section 4.9, dated December November 5, 2003. Memo from Town Planner to CPDC Re: Johnson Woods PUD-R Preliminary Application, dated December 24, 2003. Design Review Team Minutes, dated January 8, 2004. Statement of Compliance with PUD Development Guidelines, from Applicant, dated January 10, 2004. Letter from Attorney Brad Latham to Town Planner Re: Johnson Woods, West Street, Reading, Massachusetts, Compliance with Standards in the Reading Zoning By-Law PUD, dated January 10, 2004 Response to Development Review Team Comments-Johnson Woods PUD-R Special Permit, from Applicant (no date). Memo from Town Engineer to Town Planner Re: Longwood Offsite Improvements, dated January 16, 2004 Peer Review Report from Anne Reitmayer, Real Estate Consiiltant, to Town Planner Re: Johnson Woods Preliminary PUD-R Application, 468 West Street, Reading, Dated February 13, 2004. Decision-Planned Unit Development Preliminary Plan Permit Approval Issues by the Community Planning and Development Commission on the Application of Johnson Woods Realty Corporation for property addressed at 468 West Street, Reading, MA, dated February 24, 2004. Letter from Town Counsel to Town Planner Re: Longwood PUD-Plan Amendment, dated March,1, 2004. I Page 3 Bk: 43381 Pg: 152 Town of Reading Decision; Johnson Woods PUD-R Special Permit Community Planning and Development Commission Letter from Attorney Brad Latham to CPDC Re.: Johnson Woods, Reading, MA, dated March 2, 2004. Letter from Attorney Brad Latham to CPDC Re: Johnson Woods Planned Unit Development -Residential; West Street, Reading; Request For Determination that Change is a Minor Modification, dated March 6, 2004. Letter from Attorney Brad Latham to Town Planner Re: Johnson-Longwood, West Street, Reading, dated March 9, 2004. Modification Request from Attorney Brad Latham to CPDC Re: Johnson Woods Planned Unit Development-Residential; West Street, Reading; Request For Modification to preliminary Plan Approval, dated March 9, 2004. Letter (with enclosures) from Attorney Brad Latham to CPDC Re: Johnson Woods PUD-R; West Street, Reading; Request For Modification of Preliminary Plan Approval to Include Portions of Peterson land, dated March 10, 2004. E-Mail from Town Planner to Attorney Brad Latham et al,.re: Johnson Woods, dated March 11, 2004. Mitigative Drainage Study, Johnson Woods Condominiums-Reading, Massachusetts, dated March 18, 2004. Letter from Attorney Brad Latham to CPDC Re: Johnson Woods, Reading, MA, dated March 23, 2004. Letter from William Bergeron to Town Planner Re: Johnson Woods PUD Preliminary Plans, Modified Plans & Preliminary Final Plans, dated April 1, 2004. Decision-Planned Unit Development (PUD) Preliminary Plan Amendment- Johnson Woods Realty Corporation for property addressed at 468 West Street, Reading, MA, dated April 5, 2004 Letter from Town Counsel to Town Planner Re: Longwood Road Access, dated April 8, 2004. Letter from Attorney Brad Latham to CPDC Re: Application for Planned Unit Development-Residential Special Permit (Final Plan) as to Johnson Woods, West, Street, Reading, MA, dated April 16, 2004. Design Review Team Minutes, dated March 15, 2004. Memo from Conservation Administrator to CPDC Re: Final PUD-R Special Permit Application for 468 West Street, "Johnson Woods," May 24, 2004. Memo from Town Engineer to Town Planner Re: Johnson Wobds Final PUD Plan, dated May 24, 2004 Facsimile from Architect Jim Velleco to Town Planner Re: Planting layout and schedule for cul de sac and location of tot lot, dated May 24, 2004. Memo from Conservation Administrator to Conservation Commission Re: Notice of Intent, 468 West Street and 6 Kelch Street-Johnson Woods, DEP 270- 424, RGB 2004-10, dated June 3, 2004. Email from Town Counsel to Town Planner Re: Longwood draft, June 11, 2004. Letter from Attorney Brad Latham to CPDC Re: Johnson Woods, West Street, Reading, MA, dated June 10, 2004. Page 4 8k: 43381 Pg: 153 — • Town of Reading Decision: Johnson Woods PUD -R Special Permit Community Planning and Development Commission FINDINGS: Based upon the evidence presented, the CPDC makes the following specific findings: 1. The Applicant has conformed to the procedural requirements under Section 4.9.3. et seq. of the Reading Zoning By -Laws. 2. The Applicant's proposal provides a reasonable mix of land uses, density and building types. 3. The Applicant's proposal provides for a high quality, integrated plan of a• development that is beneficial to the Town and responsive to the specific site and its surroundings. 4. The Applicant's proposal provides for more rigorous development standards than found in other zoning districts in the Town. Among other standards this includes more control over the design, height and location of buildings, the mix and use of units and the requirement for affordable units. 5. The Preliminary PUD Plan contained a design that was sufficiently developed to provide the basis for the CPDC's review regarding the requirements, standards, and guidelines of the PUD by -law. The CPDC has reviewed the definitive Final PUD Plans, which were substantially in conformance with the approved Preliminary PUD Plan, including the drainage design, the detailed building design, the detail design of on -site utilities, and landscaping. 6. The Final PUD Plan, as approved subject to Conditions herein, conforms with the use and dimensional criteria as listed in Section 4.9.4 of the PUD by- law, including that as to parcel size and eligibility, permitted uses, intensity of use, dimensional requirements as to building height, setbacks and buffers and open space. 7. The Final PUD Plan satisfies the following criteria as listed in Section 4.9.5 of the PUD by -law: a. The proposed PUD conforms as appropriate to the existing policy established by the Town Meeting and CPDC for the specific area of the Town in which the proposed PUD is located. Town Meeting established the current PUD zoning which allows the specific, proposed uses in a PUD. The Property will be developed for residential uses and intensity (not to exceed 6 units to the acre) as identified in Condition 1 of this Decision. Page 5 � CO Bk: 43381 Pg: 154 • Town of Reading Decision: Johnson Woods PUD -R Special Permit Community Planning and Development Commission b. There is no significant adverse effect under any of the following: 1) ]Design: The quality of preliminary site and conceptual building design, as it affects occupants of the proposed development, PUD Overlay District, adjacent residential districts and the Town of Reading as a whole, is positive. 2) Traffic: The CPDC, after considering and examining prior traffic studies and considering the impacts from the proposed PUD, has determined that the Final PUD Plan, with the proposed mitigation, adequately addresses the traffic impacts and pedestrian safety. The mitigation payments required of the Applicant in Condition 8 below adequately address anticipated traffic impacts from the Project. 3) Water quality, air quality, wetlands, and the natural environment The Final PUD Plan seeks to preserve the existing topography by minimizing cuts and fill. The drainage system proposed for the project is designed to address water runoff and water quality issues in accordance with DEP stormwater management standards. The drainage schematics and drainage system reviewed by the Town Engineer are satisfactory for Final PUD Plan approval, subject to further review, inspection and approval. 4) Provision of Open Space A major portion of the site (well over 50% is provided, while 25% is required) shall remain open space. The Final PUD Plan as designed provides for the preservation of adequate open space and access to recreational resources in proximity to the site. 5) Adequacy of utilities and other public works and impact on existing public facilities within the Town The CPDC has been advised through Town staff that utilities and public works as proposed are adequate to serve the Final PUD Plan without materially impacting existing public facilities. The Applicant has agreed to make a contribution to the Town for tying into the MWRA water supply system, if the Town elects to do so, for I &I reduction, and for water main replacement on West Street. 6) Potential Fiscal Impact to the Town of Reading The Development of the Property will provide significant tax revenue to the Town. The improvement of the Property with the s Page 6 Bk: 43381 Pg: 155 Town of Reading Decision: Johnson Woods PUD -R Special Permit Community Planning and Development Commission PUD is anticipated to have no adverse impact on residential property values in the area and may encourage other property improvements, which may also generate additional tax revenues to the Town. The CPDC required a peer review of the Fiscal Impact Analysis submitted by the Applicant, and reviewed said review in the public hearing. After consideration of the peer review conclusions, the CPDC determined that the likely fiscal impact from the development in general and the presence of 3 bedroom units in particular was not detrimental to the Town. However, the CPDC determined that the 64,3 bedroom units as originally proposed might cause traffic and fiscal burdens that were not within the spirit of the PUD -by -law. Therefore, they approved the reduced number of 37,3 bedroom units in order to reduce potentially detrimental impacts associated with the original proposal. 8. The net benefits (benefits compared to adverse impacts) from the proposed uses warrant the allowance of such uses. 9. The proposed uses and Final PUD Plan are in harmony with the general purpose of the PUD by -law and are not detrimental, but shall be beneficial upon the neighborhood in particular and the Town at large in general. 10. Pursuant to Section 4.9.3 of the Zoning By -Law, the CPDC finds that the PUD by -law allows separate lots in separate ownership to be combined. In such an event, the PUD dimensional requirements shall still be calculated on the Property as a whole and not on the separate lots within the PUD. 11. The authority for CPDC to grant access on or across the Longwood Road Extension having not been established, the Savarino house as indicated on the Final PUD Plan does not possess legal access across the Longwood Road Extension, nor does this Decision establish said access. WAIVERS: The Applicant has not requested any waivers, nor has the CPDC granted any. FINAL PUD PLAN APPROVAL: Pursuant to Section 4.9.3 of the Reading Zoning By -Law, the CPDC, by a 4 -0 -0 vote, does hereby approve the Final PUD Plan according to the plans of record herein, and grant the Special Permit for the PUD -R at Johnson Woods, subject to Zoning By -Laws Section 4.9.3.17 and the following Conditions: �® e Page 7 Bk:43381 Pg: 156 Town of Reading Decision: Johnson Woods PUD -R Special Permit Community Planning and Development Commission CONDITIONS: 1. Density: The development shall be limited to 6 units to the acre, or 161 units on approximately 27 acres, according to the following development mix: Single Family 1 Townhouses -2 to 5 units per building 136 Three -Story, Garden -Style building at 24 12 units uer buildine TOTALS 161 BedrooYri,T% u ber` U Single Family 1 0 1 Two Bedroom: .. Flats 14 10 24 Townhouse 93 6 99 Three Bedroom 37 0 37 TOTAL 145 16 161 The calculation of the affordable units is to be rounded to the nearest whole number. The 3- bedroom units shall number no more than 37 units. In any 3- bedroom townhouse unit, the master bedroom shall be on the first floor. 2. Roadway Connections: As shown on Plan C6 (Sheet 6of 23), dated April 14, 2004, Johnson Woods Drive, White Oaks Lane, Green Meadow Drive and Taylor Lane must be constructed to support the weight of a 50,000 -pound vehicle and provided with a width of 24' minimum, sidewalks where indicated, vertical granite curbing at the radii intersection at the entrance at West Street, and sloped granite curbing. All other roadways shall be a minimum of 18' in width, with no sidewalks. No parking shall be allowed on the access ways other than in the parking cutout areas, unless otherwise approved by the Fire Chief. The documents for the Project's Condominium Association shall impose this prohibition in the rules and regulations, unless otherwise regulated by the Town. The Page 8 • 1 C" 5& Sk:43381 Pg: 157 ` Town of Reading Decision: Johnson Woods PUD -R Special Permit Community Planning and Development Commission Condominium Association shall actively enforce this prohibition. The Condominium Association shall post notice of the "No Parking" requirement at the entranceway and at the intersections of access ways. The Condominium Association shall assign concurrent rights of enforcement of the parking regulations on site to the Town of Reading. Permission must be granted to the Reading Police Department to ticket vehicles in "No Parking" areas. 3. Parking: The total number of parking spaces shall be not less than 2 spaces per unit and total approximately 443 spaces. As included in the total parking, the 33 on- street guest parking spaces shall be provided substantially as indicated on the supplemental plan, "'Preliminary Layout Plan, "Johnson Woods," Planned Unit Development'," dated December 11, 2003. As a condition of this approval, the Final PUD Plan shall include tandem parking at each unit. The total parking shall be approximately as follows: Building�Type nits &e u' Small changes in the total number, type and allocation matrix may be made subject to the approval of the Town Planner. If fewer units are built the number of parking spaces shall be reduced proportionately. Changes in the number or location for street parking shall be subject to the approval of the Fire Chief. 4. Emergency Access: The emergency access off of Kelch Road and Enos Circle shall be a minimum of an 18' pavement width within a 30' wide easement, gated. Any future access shall be determined by CPDC. Two (2) temporary turn- arounds must be constructed at the two (2) stubs into the 300' -wide parcel ("300' -wide Parcel) situated northwesterly of the Property. The turn- arounds may be wholly or partially on the 300' wide Parcel but must be constructed with an inside radius of 26' and an outside radius of 44' that is clear of parked vehicles, and must be landscaped similar to other parks on the Page 9 01 9 t � • s � e o se a, M otal Flats 24 48 44 8 52 Townhouses 136 272 136 175 312 Single Family 1 2 2 2 4 Additional ?,�t Parkin T Driveway 36 Street 33 TOTAL 1322 1 443 Small changes in the total number, type and allocation matrix may be made subject to the approval of the Town Planner. If fewer units are built the number of parking spaces shall be reduced proportionately. Changes in the number or location for street parking shall be subject to the approval of the Fire Chief. 4. Emergency Access: The emergency access off of Kelch Road and Enos Circle shall be a minimum of an 18' pavement width within a 30' wide easement, gated. Any future access shall be determined by CPDC. Two (2) temporary turn- arounds must be constructed at the two (2) stubs into the 300' -wide parcel ("300' -wide Parcel) situated northwesterly of the Property. The turn- arounds may be wholly or partially on the 300' wide Parcel but must be constructed with an inside radius of 26' and an outside radius of 44' that is clear of parked vehicles, and must be landscaped similar to other parks on the Page 9 01 9 t � Bk:43381 Pg: 158 Town of Reading Decision: Johnson Woods PUD -R Special Permit Community Planning and Development Commission site as indicated on Plan L2 (sheet 8 of 23) of the plans of record approved herein, subject to the approval of the Town Planner. The two (2) common drives must be provided with a roadway of a minimum width of 24'. Due to the length of the driveway a turn- around is not required. 5. • Common Facilities: The two (2),12 -unit Condominium flat buildings may have an office and meeting room for the use of PUD residents. Prior to the issuance of the Certificate of Occupancy for the new single family dwelling, the right to use Longwood Road as an access to that single family house shall either be established or an alternative driveway connection shall be established that provides adequate vehicular access for that house. Prior to the Issuance of the First Building Permit: 6. The Applicant shall provide to the Board environmental reports prepared pursuant to Mass. General Laws Chapter 21E which reflect that there are no reportable concentrations of hazardous materials or petroleum on the site or that any such reportable concentrations have been remediated or shall be remediated pursuant to Mass. General Laws Chapter 21E in a manner acceptable to a Licensed Site Professional, all at the Applicant's expense, prior to the issuance of the first Certificate of Occupancy. 7. The developer shall conform to the provisions of Zoning By -Laws Section 4.9.6.7 b. Nevertheless this process shall not result in a change of grades, a relocation of buildings, driveways, roadways or other structures from that as shown on the approved PUD plans. These plans shall address the comments in the May 24, 2004 memo from the Town Engineer. 8. Off -Site Improvements: The Applicant shall agree in writing to the mitigation negotiated with the Town for the following: a. The following shall be the fees for MWRA buy -in and 2:11/1 reduction: MWRA buy -in: $5.30 per gallon The formula is as follows: Flows shall be calculated using the sewage flow estimates presented in 314 CMR 7.15 plus 10 percent for outdoor uses. These flows shall be multiplied by $5.30 per gallon to determine the buy - in fee. Payment will be made in 4 equal installments, prior to the issuance of the first certificate of occupancy on each phase as outlined below. Page 10 —5 q Bk: 43381 PQ: 159 Town of Reading Decision: Johnson Woods PUD -R Special Permit Community Planning and Development Commission 2:1 M reduction fee: $4.00 per gallon The formula is as follows: Flows shall be calculated using the sewage flow estimates presented in 314 CMR 7.15. These flows shall be multiplied by $4.00 per gallon and then by 2 (to achieve 2 for 1 reduction) to determine the I/I reduction fee. Payment will be made in 4 equal installments, prior to the issuance of the first certificate of occupancy on each phase as outlined below. The MWRA buy -in fee and the I/I reduction fee shall be paid in four (4) equal installments: The first (1St) installment shall be paid prior to the first (1St) building permit. The second (2nd) installment shall be paid prior to the forty -first (410) building permit. The third (3rd) installment shall be paid prior to the eighty -first (81st) building permit. The fourth (4th) installment shall be paid prior to the one hundred twenty -first (121st) building permit. If the Town does not buy into the MWRA supplemental water supply by December 31, 2009, the M'WRA Buy -in fee payment shall be reimbursed to the Applicant. b. The fee for water main replacement and overlay on West Street shall be $187,000, paid prior to any construction on site. If the water main work is not completed by the Town by May 1, 2005, any funds paid by the Applicant to the Town shall be refunded to the Applicant and the Applicant will do the work itself. c. The fee for sidewalk improvements from the entrance to the West, Willow and Summer Streets Intersection shall be $26,000, paid prior to any construction on site. If this work is not completed by the Town by October 1, 2005, any funds paid by the Applicant to the Town shall be refunded to the Applicant and the Applicant will do the work itself. d. The fee for traffic improvements shall be $100,000 for the West /Willow /Summer Streets intersection, paid prior to any construction on site. 9. Timing/Sequencing: In accordance with the proposed construction sequencing dated March 18, 2004 and contained in the Final PUD Application, a Phasing and Sequencing Plan shall be submitted and is subject to the review and approval of the Town Engineer. Each phase plan shall demonstrate that each completed building shall have utilities, roadway, parking, and landscaping sufficient for the use of that building prior to occupancy. Building permit fees shall be paid when the building permit Page 11 ' ' Bk:43381 Pg: 160 Town of Reading Decision: Johnson Woods PUD -R Special Permit Community Planning and Development Commission application is submitted to the Building Inspector on a building -by- building basis. 10. Prior to the commencement of any construction on the site, the Applicant shall provide through the Town Planner for Town review and approval a complete set of construction documents for the site to confirm compliance with the Conditions of this approval. If requested, the Applicant shall provide a reasonable number of additional copies of documents for review by Town staff. 11. The Applicant shall deliver a final set of Mylar site development plans to the Engineering Division prior to the commencement of construction, which shall indicate labels of all wetlands boundaries, buffer zones and riverfront areas. 12. The Applicant shall coordinate with the Town Engineer all Town and public easements for water, drainage and sewer, and licenses for trails and parks, as required by this Decision. Use of the trail and parks shall be subject to reasonable restrictions as to use and safety matters. The Applicant shall prepare the necessary plans and legal documents to create these easements and shall file the documents with the Registry of Deeds. During Construction: 13. Pre - Construction Meeting: shall be held with the Town staff prior to the start of any construction. The limit of work line for the particular area or phase being developed shall be demarcated at this time through the placement of temporary snow fence material. 14. Utility Connections: The Applicant and /or its contractor shall provide during construction complete, full coordination with local officials on making connections to existing utilities, further all utilities on site shall be installed undergound. Soil tests shall be conducted for the installation of dry wells on several of the units. These tests must be witnessed by the Town. If soils should prove unsuitable for the dry wells, alternative designs must be developed. 15. Any wells needed for irrigation shall be subject to approval by the Health Administrator to determine compliance with applicable laws and regulations. 16. Site Inspections: Town staff shall have reasonable access to inspect the site to determine compliance with this Decision. Page 12 Bk:43381 Pg:161 ` Town of Reading Decision. Johnson Woods PUD -R Special Permit Community Planning and Development Commission 17. Hours of Construction: The applicant shall adhere to the hours of construction in the requirements of the Reading Rules and Regulations for Subdivision. These hours are: a. Construction activity, deliveries and unnecessary noise by workers shall not take place off or on the site or in any building contained therein except during the following hours: Mondays through Fridays inclusive: 7:00 AM to 8:00 PM, Saturdays: 9:00 AM to 5:00 PM, Sundays and Legal Holidays: none; b. In addition, no heavy equipment shall be operated on, or brought to, the site except during the following hours: Mondays through Fridays inclusive: 8:00 AM to 5:00 PM, Saturdays: 9:00 AM to 12:00 PM (noon), Sundays and Legal Holidays: none. A sign posting these hours shall be placed at the entrance of the site for the duration of the construction process. If the area off of the Green Meadow Drive turn- around is used as a temporary nursery during construction, the following hours of construction shall apply for the nursery: Construction activity, deliveries and unnecessary noise by workers shall not take place off or on the site or in any building contained therein except during the following hours: Mondays through Fridays inclusive: 9:00 AM to 3:00 PM, Saturdays: none Sundays and Legal Holidays: none 18. Principal access for construction equipment shall be from the North through Wilmington and shall be directly onto the site from West Street. The Applicant shall at all times use reasonable means to minimize inconvenience of access to residents in the general area. The Applicant shall sweep and keep free of debris all streets utilized for site and off -site construction. 19. West Street, Enos Circle and Kelch Road shall be kept clear and passable at all times. No construction equipment, refuse containers, trailers or construction materials of any kind shall be placed or stored upon the street. 20. Construction activities shall be conducted in a workmanlike manner at all times. Blowing dust or debris shall be controlled by the Applicant through stabilization, wetting down, and proper storage and disposal methods. Construction dumpsters shall be not be stored in view of off -site residential abutters for more than 60 days. Page 13 a Bk: 43381 Pg: 162 Town of Reading Decision: Johnson Woods PUD-R Special Permit Community Planning and Development Commission Prior to the First Certificate of Occupancy: 21. The Applicant shall provide a performance bond or surety or some other financial assurance mechanism (FAM) such as cash, bankbook, three-party agreement or letter of credit to the Town for construction of incomplete site improvements on that portion of the site on which the Applicant is working or will be disturbing in the current phase, which FAM shall be in a form reasonably acceptable to Town Counsel. The FAM shall include the remaining costs to complete the portion of the site on which work is being undertaken plus a ten (10%) percent contingency as calculated by the Town of Reading Engineering Division. The calculations reflected as line-items used to establish the amount of the bond or surety shall be attached to the Bond. As used herein, "site improvements" means the drainage system, soil stabilization, landscaping, water and sewer lines. The performance bond or surety amounts shall be reduced as the work on a line-item is properly completed. 22. If the construction period of that phase of the development lasts more than two (2) years, the bond or surety may be increased to account for inflation, based on recent inflation rates. 23. All performance bonds shall contain the following provision: Upon the Principal fully and satisfactorily performing in accordance with the conditions and the time schedule set forth herein as specified in the following: a. the plans of record b. this Decision attached hereto as Exhibit A then this obligation shall be void; otherwise, it shall remain in full force and effect and the aforementioned sum shall be paid to the Town of Reading for use only to complete or correct the work covered by the Bond as determined by the Town Engineer. 24. The Condominium Documents, including Trusts: said documents shall provide vide for annual budgets as required by Mass. General Laws Chapter 183A and shall include estimated amounts for yearly maintenance of the drainage system, which amount shall be kept in a separate account and shall not be used for the maintenance, repair or replacement of any other portion of the common areas of the condominiums, The Condominium Trustees shall certify annually to the Town such provision has beep made in the condominium budgets and the amounts so. certified. Page 14 Bk: 43381 P9: 163 Town of Reading Decision: Johnson Woods PUD -R Special Permit Community Planning and Development Commission 25. The Applicant has proposed, and the Board of Appeals hereby requires, that the following aspects of the development shall be and shall remain forever private, and that the Town of Reading shall not have, now or ever, any legal responsibility for operation or maintenance of the same: a. All driveways and parking areas b. Stormwater management facility c. Driveway and parking area snow plowing and removal d. Landscaping e. Driveway, parking area and walkway lighting 26. The numbering of buildings on the site shall be subject to approval by the Engineering Division and Fire Chief. 27. Final Landscaping Plan: the Applicant shall establish and implement with the Town Planner a proposed schedule for the installation of screening, landscaping, and /or fencing related to each portion of the site for which a Certificate of Occupancy is being requested so as to properly screen or buffer that section from existing abutting residential properties and ongoing construction activities. 28. The units on Green Meadow Drive, or alternate location, shall be screened from construction equipment on the proposed nursery, subject to the approval of the Town Planner. Storage of fertilizers or similar Tnaterial shall be enclosed and shall be subject to the approval of the Health Administrator. The nursery shall only be used in connection with the site as approved herein. Any road used for activity related to the nursery shall be kept clear of dirt and debris. 29. Fitness/Pedestrian Trail: shall be provided in the general area as indicated on the plans of record herein and shall be open to the public with conditions relating to hours of use and safety matters, subject to the approval of CPDC. The trail shall access the area indicated as a "fitness course" on the 300' -wide Parcel under ownership of the Applicant, which is not to be included in the Project, to Town Conversation land on the north boundary of the Parcel, and shall connect to Town land on the south boundary of the PUD. The approximate location and dimensions of the tot -lot on site shall be according to the submission by Grazado Velleco Architects, dated May 24, 2004. Page 15 t &V3 Bk: 43361 Pg: 164 - ^- — — Town of Reading Decision: Johnson Woods PUD -R Special Permit Community Planning and Development Commission Prior to the Last Certificate of Occupancy: 30. The Applicant shall deliver to the Engineering Department the final As Built Plans, in both mylar and digital format. 31. If not made of reinforced concrete, masonry or versa -lock construction materials, all retaining walls shall be made of material subject to the approval by the Town Engineer. Affordable Housing: 32. Of the One Hundred Sixty -One (161) units, sixteen (16) of these dwelling units shall be reserved for purchase by households whose gross annual income is equal to or below eighty (80 %) of the Boston area median household income, adjusted for household size (hereinafter, the affordable units) in perpetuity or as long as permitted by law. 33. The affordable units shall be designated in a Regulatory Agreement and Condominium Documents, and shall be indistinguishable from similar market rate units as to exterior construction, quality and architecture, subject to the approval of the Town Planner and Town Counsel. 34. Ten (10) affordable units shall be in Type E flats and six (6) of the affordable units shall be in townhouses. 35. The affordable units in the Type E flats shall be interspersed in the buildings, with an equal amount of units in the 2 buildings and on the east of the buildings, and shall be a minimum of 1,175 square feet, as shown on Sheet A8 (16 of 23) of the plans of record herein. 36. The 6 affordable townhouse units shall have a minimum of 1,400 square feet of habitable space and a full, unfinished basement, as shown on Sheet A7 (15 of 23) of the plans of record herein. 37. The requirements of Section 4.9.6.10 of the PUD by -law shall be satisfied in each construction phase, or the Town shall receive financial assurance in an amount to be determined by CPDC as necessary to insure that the permitted affordable units equal 10% of the cumulative building permits issued at that time. Page 16 Bk: 43381 Pg: 165 Town of Reading Decision: Johnson Woods PUD -R Special Permit Community Planning and Development Commission 38. The Applicant shall submit lottery and fair housing marketing plans for the affordable units, subject to approval of CPDC and Town Counsel, prior to issuance of a Certificate of Occupancy. 39. To the extent allowed by law, purchase preference of the affordable units .shall be provided for: Reading residents; parents, children and siblings of Reading residents; and persons who are employed by the Town, as determined by the Reading Housing Authority. 40. Prior to the issuance of the certificate of occupancy for the new single - family dwelling as shown on the plan, either the right to use Longwood Road as access to that new dwelling shall be established or an alternative driveway connection shall be established that provides adequate access to that new dwelling. Date: June 14, 2004 BEING THE COMMUNITY PLANNING AND DEVELOPMENT COMMISSION 1 .1.�l_10.Z 1 hereby certify that twenty days have slapud since this decision was filed in this office and no appeal from to o d" has been Town C*k. yr �:ti .ti wart i r+ ,4lY � i.K. it :t ; ;ro Ois i ;iCi 10 Susan DeMatteo, Chairperson than E. Barnes chard D. Howard Neil Sullivan Appeal: The Appeal of any decision of the CPDC hereunder shall be made in accordance with the provisions of Mass. Gen. L. 40A, section 17 within 20 days after filing with the Town Clerk. E COPY ns ® Page 17 ;.gssT TOWN CLERK C 10 Susan DeMatteo, Chairperson than E. Barnes chard D. Howard Neil Sullivan Appeal: The Appeal of any decision of the CPDC hereunder shall be made in accordance with the provisions of Mass. Gen. L. 40A, section 17 within 20 days after filing with the Town Clerk. E COPY ns ® Page 17 ;.gssT TOWN CLERK C 8 Monthly Hours $ Month Month) Monthly Hours Cumulative Available Monthl Monthly Cumulative Available Hours Hours Used vs +/- Remainder $ 1 Cost Remainder Allocated Used Allocated of 1/2 year Allocated Used Year July 76.7 28.2 (48.50) (48.50) 432 $10,350 $3,525 $3,525 $106,725 August 76.7 45.3 (31.40) (79.90) 386.7 $10,350 $5,663 $9,188. $101,063 September 76.7 (76.70) (156.60) 386.7 $10,350 $9,188 $101,063 October 76.7 (76.70) (233.30) 386.7 $10,350 $9,188 $101,063 November 76.7 (76.70) (310.00) 386.7 $10,350 $9,188 $101,063 December 76.7 (76.70) (386.70) 386.7 $10,350 $9,188 $101,063 460.2 73.5 $62,100 $9,188 January 76.7 (76.70) (463.40) 500 $10,350 $9,188 $115,013 February 76.7 (76.70) (540.10) 500 $10,350 $9,188 $115,013 March 76.7 (76.70) (616.80) 500 $10,350 $9,188 $115,013 April 76.7 (76.70) (693.50) 500 $10,350 $9,188 $115,013 May 76.7 (76.70) (770.20) 500 $10,350 $9,188 $115,013 June 76.7 (76.70) (846.90) 500 $10,350 $9,188 $115,013 Subtotal 460.2 0 $62,100 $0 Total 920.4 73.5 -846.9 $124,200 $9,188 $115,013 8 FAX: (781) 942 -9071 Email: townmanager &l.reading.ma.us Town of Reading 16 Lowell Street MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: September 30, 2005 RE: October 4, 2005 Agenda TOWN MANAGER (781) 942 -6643 le) Under the Town Manager's section of the agenda, there is a copy of the LIP material for Johnson Woods. This needs to be signed by the Chairman of the Board of Selectmen. This reflects the project as approved and is required in order to get credit as part of the Town's affordable housing stock, of the 17 affordable units to be built within the project. Also included is a copy of the affordable housing plan for the development. 4a) Appraiser Dave Billard and the Board of Assessors are going to do the highlights. They will be talking about the assessment process and particularly about the process of setting the tax rate. The Board will be having a tax classification hearing on or about November 1, 2005, so this will be information that will be helpful to the Board in conducting that hearing. 4b) Brinkers International d/b /a Romano's Macaroni Grill will be requesting two actions by the Board of Selectmen: 1. Change of Manager that is a routine matter, and 2. Change of Officers - this was done on a statewide basis for the Chili's Restaurant that is also owned by Brinkers, but was not done for the Macaroni Grill chain. Both of these are routine matters. 4c) Please see the attached memo regarding 75 Pleasant Street. What I am recommending will allow the Housing Authority to.move forward with the four units and establish process for preservation of the two unit historical home, giving an opportunity for the sale of that property or historic preservation if feasible. If the Board approves this concept then we will have specific actions to be taken by the Board. qa *1 4d) This week you were given a copy of the Local Water Resource Management Plan. This needs to be formally approved by the Board of Selectmen prior to MWRA action on our request to buy supplemental water. MWRA action is scheduled for the end of October, so time is of the essence on this matter. 4e) Attached is the updated review of goals. The purpose of discussion is to review our progress on meeting the specific goals and objectives that were established. At a later date, but before the end of this calendar year, the Board should do a broader review to see if these goals are still valid, and/or whether we want to establish new goals. Additionally, I'd like to work to finalize the mission statement. It strikes me that the wording of it is somewhat clumsy and I would like to finalize that so that we can utilize it more broadly within the organization. 4f) Review Town Meeting Warrant — I'd like to establish -with the Board an action plan of any particular Articles that need more work pri&J& Town Meeting. I believe that these Articles would be: Article 7 — Establishing a Storm Water Management Enterprise Fund; Article 12 - Sale of Land Oakland Road; Article 19 - Mixed Use Bylaw; Article 20 - Rezoning Property Bounded by Sanborn, Woburn, Linden and Haven Streets; and Article 21 changing to a five member Zoning Board of Appeals. PIH/ps FAX: (781) 942 -9071 Email: townmanager &i.reading.ma.us Town of Reading 16 Lowell Street Reading, MA 01 867 -2685 ffu U W ' XQ1 i► i TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: September 30, 2005 RE: October 4, 2005 Agenda TOWN MANAGER (781) 942.6643 l c) Under the Town Manager's section of the agenda, there is a copy of the LIP material for Johnson Woods. This needs to be signed by the Chairman of the Board of Selectmen. This reflects the project as approved and is required in order to get credit as part of the Town's affordable housing stock, of the 17 affordable units to be built within the project. Also included is a copy of the affordable housing plan for the development. 4a) Appraiser Dave Billard and the Board of Assessors are going to do the highlights. They will be talking about the assessment process and particularly about the process of setting the tax rate. The Board will be having a tax classification hearing on or about November 1, 2005, so this will be information that will be helpful to the Board in conducting that hearing. 4b) Brinkers International d/b /a Romano's Macaroni Grill will be requesting two actions by the Board of Selectmen: 1. Change of Manager that is a routine matter, and 2. Change of Officers - this was done on a statewide basis for the Chili's Restaurant that is also owned by Brinkers, but was not done for the Macaroni Grill chain. Both of these are routine matters. 4c) Please see the attached memo regarding 75 Pleasant Street. What I am recommending will allow the Housing Authority to move forward with the four units and establish process for preservation of the two unit historical home, giving an opportunity for the sale of that property or historic preservation if feasible. If the Board approves this concept then we will have specific actions to be taken by the Board. Ve lm.TqLm James W. Cormier, Chief of Police MEMORANDUM I Date: September 15, 2005 To: Town Manager's Office, Cc: Lillian Marino From: Lieutenant Kevin Patterson RE: Application for a Change of Manager (Romano's Macaroni Grill) Approved By: Lt.KP Approval Initials: A< The police department has reviewed the application of : Romano's Macaroni Grill and would not be opposed to the proposed change of manager (Michael Ross) September 8, 2005 Town of Reading Attn: Lillian Marino 16 Lowell Street Reading, MA 01867-2685 Tel 617 523 2700 Fax 617 523 6850 Holland & Knight LLP 10 St. James Avenue Boston, MA 02116 www.hkiaw.com Andrew Upton 617 619 9236 andrew.upton@hktaw.com Re: Brinker Massachusetts Corporation d/b/a Romano's Macaroni Grill / Reading Change of Manager Dear Lillian: Enclosed please find the following forms for the Change of Manager at Romano's Macaroni Grill: 1. Form A for proposed manager, Michael Ross 2. Form 997 3. Vote of Corporate Board Appointing Manager 4. CORI Form 5. Check payable to ABCC in the amount of $200.00 6. Form 43 Sincerely yours, HOLLAND & KNIGHT LLP �01��� Andrew Upton AU/cac Enclosures # 319297021 -Ea t%a - PETITION FOR LICENSE TRANSACTION THE COMMONWEALTH OF MASSACHUSETTS August. 30, A2x--2005 CHANGE OF LOCATION PLEDGE OF LICENSE CHANGE OF DIB/A CHANGE OF LICENSE TYPE PLEDGE OF STOCK CHANGE OF CORPORATE NAME X CHANGE OF MANAGER CORDIALS AND LIQUEURS PERMIT To the Licensing Board for the Town of Reading The undersigned respectfully petition for Brinker Massachusetts Corporation d/b/a Roman's Macaroni Grill located at 48 Walker's Brook Drive, Reading, MA petitions for a Change of Manager to Michael Ross residing at 3 Tyson Road, Franklin, MA 02038. Signed Jay L. Tobin Form 997 VP & Asst. Secy. Title The Commonwealth of Massachusetts The.AlcohohcBevvrgesControl Conunission 239 CatusewayStreet. Suite 200 Boston. MA 02114 FORM A LICENSEE PERSONAL INFORMATION SHEET THIS FORM MUST BE COMPLETED FOR EACH: -FMq* ons: 617 - 787 -X" FAX 617.777- -1268 A. NEW LICENSE APPLICANT i< B. APPOINTMENT OR CHANGE OF MANAGER IN A CORPORATION C. TRANSFER OF LICENSE (RETAIL ONLY -SEC. 12 & SEC. 15) (Please check which transecdon Is the subject of an appilcation ecoonnpanying this Form A.) ALL QUESTIONS MUST BE ANSWERED AND TELEPHONE NUMBERS PROVIDED OR APPLICATION WILL NOT BE ACCEPTED. umsa NAME R om iA O G` S M Pt cAa ors I iJ t.N�ft ttONA (NAME AS IT WILL APPEAR ON THE LICENSE) 2. NAME OF (PROPOSED) MANAGER I�1 l C%tRrL L 0 s • 3. SOCIAL SECURITY NUMBER _ 4. HOME (STREET) ADDRESS 3 't V S 6,•t 'j�b . �(7 MLL k L I r1 M pt, o z O 3 % 5. AREA CODE AND TELEPHQNE NUMBER (Sk (Ove both, your home telephone and e'number at whIM you can be reached during the day). DAY TIME # 79A - °l 441- 05"7S- MOMS# s0$ iii Ito 3 8. PLACE OF BIRTH: r 7. DATE OF BIRTH: _ 8. REGISTERED VOTER' YES _� NO 8A. WHERE?: 9. ARE YOU A U. S. CITIZEN: X YES NO 10.- COURT AND DATE OF NATURALIZATION (IF APPLICABLE): (Submit proof of dtlzsnship wvVbr naturatlmtlon such as VoWs Certificate, BM Certilieate or Nateraftdian Papers) (over) 1 11. FATHER'S NAME: _ it MOTHER'S MAIDEN NAME )1& IDENTIFY YOUR CRIMINAL RECORD. IMasaahwelb. kaMwy, wW other ahft or FedKMI: ANY OTHER ARREST OR APPEARANCE IN CRIMINAL COURT CHAROFD WFTH A CRIMINAL OFFENSE REGARDLESS OF FINAL DIGPOSITION- YES 4 - NO- IF YES, PLEASE DESCRIBE OFFENSE (9) SPECIFIC I KMW AND DISP08 MN (FINE. PENALTY, ETC.) 14. PRIOR EXPERIENCE IN THE LIQUOR INDUSTRY: _ YES NO 1F YES, PLEASE DESCRIBE q,5 . IF•�r�l " S VJkZ5 1�PPCliAY&M'5 °I Vfr�►rz5 15. FINANCIAL WTERE5T. DIRECT OR INDIRECT. IN TkV OR ANY OTHER LIQUOR LICENSE, PERMIT OR CERTIFICATE: __ YES _& NO IF YES, PLEASE DESCRIBE: 16. EMPLOYMENT'FOR THE LAST TEN YEARS (Defies. Posfilon, Employees, Mdmm wW if known, TNephone Nun mot afa Z —&I -o g P c`Z'ZkR�A c»n G.M. -1 5--'1915- A Q a er%rz S 65 17. HOURS PER WEEK TO BE qPENT ON THE LICENSED PREMISES: (1 00 is. 1 HEREBY SWEAR THAT UNDER THE PAINS AND PENALTIES OF PERJURY THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. BY: TE PROPOSED MANAGER SIGNATURE DA � wvo 9199 2 q4k 41 • M. Fan • 04TB .L...r 0IM- CRIMINAL RECORD 04FORMATION FOAM SMddwVw% O im Md OkKlon at COnmui0a and Odra MAMN O! CORIORA Qdu law am UrAHY MA ADDS 3 U1 m PcW. Pb&lin. 1A T.[! GODS am :. OCCI1MT10N1 110ITIMAM— DATEGFINtril RU MOOR WMISNAldN —.- U ym baolw mad of abftwx n ladMft d I aaal - *A& rte• spmdit OIIMt aaflle +rtal�lloat, amngr ar Rrb�MMe� K Mgt !� .. ad ao�b of lira Nw d�owi of I� R sae y� Md�r M tY Sim of liit rp�Balle�. -- � r!M aoawlwsd af�'?q R800R0►' tar ire Prepare of fmmhWmi ion aft yaw ak*d noon L MAW Dow I lmmor XrATB THAT [ HAVS wr el3Bli COIi11lI m FOR YIdLA'L'f1uC. M O-.! A,,STATZ OR fNVORAL NARi00TIC LAW. L f. kbgA I= w.ww +�.rw - MY haft sm THAT I HAVE NO ROCORO OF CRAM, ODNYICrIWH IN ANY 5[AT8 OR FBDIMAL COURT MCCWr TROBB LISM AS FOLLOW& THAT I s pip � r Mg FOR ANY CAPARAL WOLATMM IN ANY STATE OR taEd6RAL COURT WW"T •THOSB LISPED AS SKUWAMSU89MMIDlrOUMMTMIPJMANDMALTMSOPMRRTTM PRINT LAST MAMB PON ANY StATRIPS S CONTAINED HEREIN FOUND TO BE UNTRUE SHALL BE CAUSE FOR THE CANCBMATIM AMMOR REIAOCATION OF ANY LICENM GRANTED TO tM APPLICANT OR CORPORATION RBI WHICH HE U► A PRMCIPAL OR AGENT. Lt ALCOHOL BEVERAGE LICENSE APPOINTMENT OF MANAGER 'To the Town of Reading Board of Selectman: Request is hereby made for the approval of the following individual as manager of this corporation in accordance with the formal vote stated below: This is to certify that a meeting of the directors of the BRINIER MASSACHUSETTS CORPORATION at its headquarters at 6820 IM Freeway, Dallas Texas held on August 29, 2005, it was voted to authorize application for an original license and appoint Michael Ross, a citizen of the Untied States, as manager of said corporation, with full authority and control of the licensed premises and of the conduct of all business therein relative to alcoholic beverages as the licensee itself should in any way have and exercise if it were a natural person resident in the Commonwealth. The foregoing statements are made under penalty of perjury August ' SQ 2005. i Rac ay L. Tobin Vice President and Assistant Secretary # 8179678 vl x _ Town of Reading 16 Lowell Street Reading, MA 01867 -2685 •°�arwco FAX: (781) 8428071 TOWN MANAGER Email: townmanagarQcl.reading.ma.ua (781) 842.8643 DATE: September 30, 2005 TO: Lieutenant Kevin Patterson FROM: Lillian Marino, Town Manager's Office RE: Application for a Change of Officer Attached is an application for a Change of Officer for Brinker Massachusetts Corporation d/b /a Roman's Macaroni Grill located at 48 Walkers Brook Drive which we just received today. This material will be going before the Board of Selectmen at their meeting on October 4, 2005. Please review and get back to us with your comments. Thank you for your assistance. lm .Attachments 4.k I . Holland- Knight September 29, 2005 Tel 617 523 2700 Fax 617 523 6850 Holland & Knight LLP 10 St. James Avenue Boston. MA 02116 wwwNdaw.com Andrew Upton 6V 619 9236 Andrew.uptor okow.corn w 0 Lillian Marino -V Town of Reading V 16 Lowell Street Reading, MA 01867 `o Re: Brinker Massachusetts Corporation / Roman's Macaroni Grill, 48 Walkers Brook Drive, Reading / Officer Change Dear Lillian: Enclosed, please find a notification of Officer Change for the above — referenced location. I respectfully request a hearing on October 0, as the location is already on the agenda for a Change of Manager and the Officer Change does not require a newspaper notice. if you have any questions, please do not hesitate to contact me. Sincerely yours, HOLLAND & IO UGHT LLP �4� 1 k Tu\ Andrew Upton Enclosures 444 00 TABLE OF CONTENTS I 5-Page Application 1A. Officer and Director list 1B. License Summary Report 2. Corporate Votes 3. Criminal Record Information Form for Jeffrey Alan Hoban 4. Form 43 5. Secretary of the Commonwealth — Certificate of Amendment 6. ABCC Fee of $200.00 # 2982712v; Alcoholic: Beverage.- C.orrlrol Conunir::urri DORM - 43 Read lag Soptehhsber 29, 2005 LLcense Number city /town Oats Type of TransactiQn (plea -e check aLl relevant trdilsaCtionS) _ ( ) New License (X) New Officer /Director( l PLedge of License C ) transfer of License ( ) Change of Location ( ) Pledge of Stock ( ) Change of Manager ( ) Alter Premises (. ) 0 the r_•,_ _ ( ) transfer of Stock (specify) Bciaker.Massacbmsetts Cocnocatloa Name of Licensee F [O of Licensee Rowan's Macaroni Grip lii-ahae S$ OBA Manager 48 Walker's Brook Drive, Reading, MA OL867 Address: Number Street Lip Code Aammal IUL AlcoholLe Restaurant Anrxat or Seasonal eakegocy: All Ateohol. type: •Restaurant Hine and Hatt. HILOO on y Cris, FacKage r ore. Halt only etc. h)escrXP non of Ucansed PCIMMtV.&S, A one story wood Erase buUdLn critbh full kitchen and dWim facilities. Application was filed Advertised 04TE/[[!1E SATE and W1SUCAIMM Person to contact regarding this tronsaction: Abutters Notified YES NO Name- Andrew Upton c/o Reiland A VAUht LLP Address: LO St. Janes Avenue, Boston, F[A 02116 Phw,e nu.�,er: 4617 h 6199236 Renocks: I-he Lodi Licensing Authorities By: cr..c: r:� :x vr:• Alcoholic 6averages control•eoamission Peter J. Connelly Executive Secretary Remarks The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 021. 14 Application for Alcoholic Beverage License for Retail Sale Cityf rows: ROlklIng ( ) New Lioease (z) New OfficwDiracw ( ) Transfer of License ( ) Other ( ) Transfer of Stock (Specify) Settle' 1 Name to appear oa the license: Brinker Massachusetts Cortroratlon Business Name (d/b/,, if different): Bonauo r s Macaroni Grill Manager of Record: Michael Boss F[D of Licensee: _ Address of Premises: • 48 Aa3.lter' s Brook • Drfbe. Reading Zip Code: 01867 Phone number of premises: 781.944.0575 _ 7 Section 2 Type of license: (check one only) ( ) Club ( ) Package Store ( ) Veterans Club ( ) General on Premise ( z) Restaurant ( ) Other ( ) Ira bolder ( ) Tavern Secdon 3 License Category ( x) All Alcoholic ( ) Wine and Malt ( ) Malt Only ( ) Wine Only ( ) Wine and Malt with Cordials Permit Secdeo 4 License Class ( x) Annual ( ) Seasoaal Section 5 Person (sa mey if applicable) who can be contacted concerning this application Names Andrew Lipton c/o Holland B XBJJ&t LLP Address: LO St. James Avenue, Boston, 89 02116 ph., Number: 617.619.9236 4&j3. .y / Section' Give a full description of the premises to be licensed, including location of all entrances and exits: A one story building with full kitchen and dining facilities 6a. Seating Capacity: 252 Occupancy Number. 252 Section T Applicant is an: ( ) Association ( 3c) Corporation ( ) Individual ( ) Partnership ( ) Non -profit corporation ( ) LLC Section 8 If applicant is an individual or partnership — List for individual or each partner. 8a. Is individual or ail partners United States citizens? ( ) ..�,� If no, specify citizenship: 8b. Is individual or all partners involved at least twenty -one years old?( ) Section 9 If the applicant is a corporation, complete the following: Yes ( ) No Yes ( ) No State of Incorporation: DE Date of Incorporation: 9/29195 Fiscal Year Ends: 6/30 Date qualified to do business in MA: 10/19/95 9a. How many shares of stock are authorized: 10.000 How many shares are issued: j .000 Provide in die box the eames if all officers, directors, stockholders and manager. Use • to indicate director Title Full Name Home Address DOB SSN Shares of stock owned or controlled - Please see t 9b. Attach a copy of the vote by the Board of Directors appointing a manager or principal reprasentadves. 9c. If the applicant is a corporation, answer the following questions: 1. Are the majority of directors United States citizens? ( Z) Yes ( ) No 2. Are the majority of directors citizens of Massachusetts? ( ) Yes ( t) No' 3. Is the manager or principal representative a U.S. citizen? (tc) 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 Horne Addmw DOB SSN Pbow Number lob. Attach a list of all members of the LLC. Sectleg I I Will there be any construction, remodeling, redecorating or building on the premises for this license? ( ) Yes ( s) No (If yes complete a,b, c and d) a. Give an exact description of the construction, remodeling, redecorating or building on the premises: b. What are the estimated costs: c. What is the construction schedule: d. State all sources of construction financing: Section 12 Do you own the premises? ( ) Yes (r) No. If yes, please respond to the qurstion below. { ) As an individual ( ) Jointly Name of Realty Trust Name of Corporation ( ) Other (If you do not own the premises to be licensed, provide the following information about the owner.) Name: •. walkers Brook Crossing LLC phone Number: 617.170.1955 Addraw; 1266 Furnace}Brook.Parkway, Quincy, NA 02169 =] 12a. If a lease or rental, provide the following information: S jr.-416-62 per Mrmth (month, Year, etc.) Beginning date of lease _ (provide copy of the lease) Ending Date of lease FINANCUL Section 13 What assets were purchased and cost? Equipment: S Furniture: S Goodwill: S Inventory: S U eaaC. S Premise: $ 13a. Total Purchase Price: S 13b. Identify below all sources of financing: Mortgage: S _ Seller: S Cash: S Other (specify): 3 Document all sources a g. Loan papers, chocking accounts, stock sales, etc. 13a All other tams and conditions: (provide purchase and sale doctunehts) 13d. Are you seeking approval for license to be pledged: ( ) Yes (z) if yes, to whour 13e. Will the inventory be pledged ( ) Yes (z) If yes, specify to whom: 13E If a corporsdon, are you seeking approval for any corporate stock to be pledged: ( ) Yes (z ) If yes, identify to whom and identify the number of shares: No No No Section 14 State the following information for all persons or entities who will have any direct or indirect beneficial of financial ink in this license: Ftdl Nara Home Address DOB SSN Phone Number Brinker a-4- nerra 84 state Street Boston, (800)225 -6244 Brinker Internati,oaal 6820 ULT F remay Dail-a. TK 75240 (972)980 -9917 4 �' 14 " 14a. Describe all types of beneficial or financial interest each person or entity identified in Question l4 will have in this license: or Corporations only, Sole Shareholders 14b. Does any person or entity listed in Question 14 have say diced or indirect beneficial or financial interest in say other license granted under Chapter 138? (z) Yes ( ) No N Type of Gcatse License Name and Address Description of Interest Please see Attachueat B 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 notpreff.mtly hold? ( ) Yes (z) No (If yes, provide the following for each pawn or entity.) 14d. Dtamle how alt licenses in Question 14c wem terminated (e g. transfer of ownership, non - renewal. surrender, OW—) u/a -0&�1 0' 14e. Has any parses or aaty named is Question 14 ever red a lioesse rurpondod, wvoloed or amcalled7 ( ) Yea ( z) No (if yes, pmvida dx Mowing ioformadon) 14E Has any poison or cu* aamod is Question 14 ever bean convicted of violadag any soft, fodad or adlituy k*7 ( ) Yes (z) No IS. a. Barr "TWad applkut oast dga. b. Applkatkm by a pwbwcddp and be s%pd by a unjorltp of the partners. C. Applkatlana by a osrporatlon rant be sfpd by sa Mkar ant wind by a rate of the aarperstloas Board of Olreetars. d. App/a ksa by as nowdatbs weed be signed by it majority of the snanbers Kthe governing body. AN s ftnm uM have simmered'aodo■ 14L a Fabe Isdscan sm ar tid re lo disclose are reaaas to revere a Noeaso or deny a Seem sppIcadsc- d Biped and anbwft ed a render the pa sity of pa jw7, Gh day of iii :r;u d V. 1 Ilk Jay Tice President and Asst. LP`�bdt_ LISA SALTS g` Notary Pubic State of Tom Ca dssion Expires DECEMBER 29, 2007 of 4 if J�- i License Summary Report } Thursday, September 29, 2005 BRINKER MASSACHUSETTS CORPORATION MA CHILI'S GRILL AND BAR 0835 - Bellingham 257 Hartford Avenue Bellingham MA02019 * * ** 0834 - Braintree 170 Pearl Street Braintree MA02184 013000062 0808 - Brockton 610 Oak Street Brockton MA02301 214 0809 - Burlington 108 Middlesex Turnpike Burlington MA01803 05 -14 0812 - Copley Place 100 Huntington Avenue Boston MA02116 CV7AL0505 0811— Danvers 10 Newbury Street Danvers MA01923 * * ** 0824 — Dedham - 930 Providence Hwy Dedham MA02026 1 0807 - Framingham 120 Worcester Road Framingham MA01701 LIQ980252 0831 — Hadley 426 Russell Street Hadley MA01035 048200039 0804 - Hingbam 6 Whiting Street Hingbam MA02043 * * ** 0979 - Leominster 42 Orchard Hill Park Drive Leominster MA01453 -7020 2005 0961 — Lowell 26 Reiss Ave. Lowell MA01851- 5129 063000224 0827 - Raynham 500 South Street Raynham MA02767 101200014 0839 — Reading 70 Walkersbrook Drive Reading MA01867 -3225 * * ** 2005 -12 Common Victu 2005- 12Bntertaimnent 0818 - Shrewsbury 291 Boston Turnpike Shrewsbury MA01545 AB35 -05 1051 - Somerset 825 GAR Hwy. Somerset MA02726- 1204112800044 0823 - W. Springfield 1175 Riverdale Street West Springfield MA01089 141800041 0900 - Wareham 2885 Cranberry Highway E. Wareham MA02538 * * ** 0840 - Westford 137 Littleton Road Westford MA01886 * * ** MA ON THE BORDER 0144 - Tyngsboro 413 Middlesex Road Tyngsboro MA01879 * * ** 0145 - W. Springfield 33 Border Way West Springfield MA01089 141800035 0141 - Woburn 19 Commerce Way Woburn IAA01801 * * ** MA ROMANO'S MACARONI GRILL 0173 - Burlington 50 South Avenue Burlington MA01803 -4904 05 -07 0254 - Methuen 90 Pleasant Valley Street Methuen MA01844 -7212 06900098 0315 - Reading 48 Walkers Brook Drive Reading 1AA01867 -3224 2005 MAGGIANO'S/CORNER BAKERY HOLDING CORP. MA Maggiano's 0139 - Boston Maggiano's 4 Columbus Ave. Boston MA02116 -3910 CV7AL0129 Total Licenses For MA: 28 4 1.0 tq } UNANNOUS WRTITEN CONSENT OF THE BOARD OF DIRECTORS OF B"4KER MASSACHUSETTS CORPORATION, A DELAWARE CORPORATION May 1, 2005 Pursuant to the provisions of the Bylaws of Brinker Massachusetts Corporation, a Delaware corporation ( the " Corporation"), the undersign4 being all the members of the Board of Directors of the Company hereby declare that, when all of us have signed this Consent or a counterpart hereof, the fonowing resolutions shall have been consented to, approved of; and adopted to the same extent and to have the same force and effect as if adopted at a meeting of the Board of Directors duly called and held for the purpose of acting upon proposals to adopt such resohrtions: RESOLVED, that the appointment of Jeffrey Hoban to the *office of Vice President and Assistant Secretary of the Corporation, effective May t, 2005 is hereby approved and made a matter of record Executed as of the date first above written R R F. THOMSON . . (SEAL] s:+I�pUcrlbttsobs�briutoa �C appoint 6abaadoc � �,ap M ML fee. A CON6IDENTULL LICENS[NO BOARD FORTHE QTY OF BOSTnN Room 509, City Had, some. Mass. 0=1 DATE: April 20 20 -05 CRIMINAL RECORD INFORMATION FORM Managers, Stoddtolden, Offten sad Dkvcton of Corporadon and Others NAME OF CORPORATION Brinker Hassard "etts cmarAtIma NAME Jeffrey Alan Bob= wuws ZANY Pone A,DDRF,Sg 1.004 Allen Street, Dallas, TK _ZIPCppE75204 OCCUPATION Mite P ident Essig .ut Sa=t&ri BIRTHPLACE FATHER'S NAME . _..DATE OF BIRTH _LOTHF.R'S NAME i HUSBAND OR WIFE'S MAMA Jatonelvn - - it you haves pity record of misdemennon isdad"m=: draakenaess, simple *uwdt. specdbm& miaae tmift violations, affray or dh arbaum of tie pease... and sucb offeasa treye disposed of tea or awe. years prior to tale riling of this applics0ou... you may be ooad tiered to have "NO RBOORD" for the purpose of furaidtiag this department htforawdoa as to your eriotind record. I Jeffrey Alan Hoban APPLICANTFORA t we of Officer _LICENSE IN THE CITY OF BOSTON, HEREBY STATE THAT I HAVE NOT BEEN CONVICTED FOIL VIOLATION OFA STATE OR FEDERAL NARCOTIC LAW. Jeffrey Alga Hoban de hereby sacs THAT I HAVE NO RECORD OF CRIMINAL CONVICTIONS IN ANY STATE OR'FEDERAL COURT EXCEPT THOSE LISTED AS FOLLOWS: Hoye I Jeffrey Alas Noban e.. bait state THAT I HAVE NO PENDING CRIMINAL CHARGES AGAINST ME FOR ANY CRIMINAL VIOLATIONS IN ANY STATE OR FEDERAL COURT EXCEPT -THOSE LISTED AS 130T.JLOWS- Bone SIGNED AND SUBSCRIBEII TO UNDER THE PAINS AND PENALTIES OF PERJURY TM PRINT LAST NAME Hoban 20th DAY. OF April ,x0 05 By. r—�4_ an ANY STATEMENTS CONTAINED HEREIN. FOUND TO BE ONTRUCSHALL BE CAUSE FOR THE CANCELLATI0K AND /OR REVOCATION OF ANY LICENSE GRANTED TO THE APPLICANT OR CORPORATIQlatJ ICH HE IS A PRINCIP AL OR AGENT. LISA Sw a Taxers IiotarY P++6Gti . r mExins Notary Public, State of Texas DECEMBER 29, 2007 ems.,. LA F t �tCommontueaft ai � � agoacbuottta William Fronds Galvin ;. --) P C Socretary of the Commonwealth One Ashburton Place, Boston, Massachusetts 02108 -1512 FORM MUST BE TYPED Certificate of Amendment FORM MUST BE TYPED (General bows Chapter 156D, Section 15.041950 C.MR 113.49) (1) Exact name of eorpondon- Bdeker_Massaahusatts Comnradnn (ar contained is &e Dividend mw &) (2) Re kumd office add rers 4 $t to &got. Boston. MA 02109 *m6er, jm4 d9' or mn mat4 j* elide) (3) This amendment shall change: ids �P^rP� pia)) ❑ the cwrporadods name mtw ❑ the period of the cotporadods duration m: ❑ the state or country of its ineotpotadon to': ❑ the arm addrsa of its prindpal office to: ❑ the fiscal year end to: ❑ the activities conducted bf the foreign eorpotation in the eommonwd&- �: �•�.� = 11F l.i�. :.1 c. c.l �� .=.=1_ �rlh [- _�_ =1 !__ -.!, �.� 11 t Tba name mart WA* the rrgrdtrmenu of G.L. Cbapw 156D, Seaion 15.06 *IfAe anrwrdMmt hwh der a a6wp ofiu avrp nw name, or die it= or wasAy ofta kuv7vmdvr4 aosch a wayiiaatx evldaWna dx dAffW A4 wdmdcard by Ae:aunty ofimv or other #dd baabg =&4 of dm aorponrtr racy h in tiro mm w a omy under Wkwe law It it lnwrpom teA If& c+asr96to L in s fonige /and s brmUriin dwOf render oath of Av to wlamr tbAa be atasdied L S q NJ 6 ec . 03?�13:1j� 31b1 jQ �, 138Q39 'MT �� "--4 'lUis oertT am is effective at the came and on do date approved by the Division, unless s laax efiective dace not more than 90 days fiom the dace of filing Is specified: sand • C haianatt of the board of dircuou, • President, GP'other owwm ❑ Cout. appointed fiduciary, Jay in VP and Assistant Assistant Secretary (ildnRttnr cf�O►iudladialelurlj on this 7th dayo� June 2005 13 j COMMONWEALTH OF MASSACHUSETTS William Francis Galvin &=story of the Commonwealth One Ashburton Place, Boston, Ma ndumm 02108-1512 Certificate of Amendment (Geneed Laws Chaptar 156D, Section 15.04% 950 CMR 113.49) 1 he* testify that upon esaminadon of this foreign cerd6mm of amendment, duly submlmdwme, itappem thatthepcovidonsofdw GenetalLawstdativethereto have bemwmpliedwith, andlherebyappma saidcmtifiam aadtbaSWrgfeeintheamottnt of$ having been paid said cadfiate Is domed m hoe been, filed with me this day of . 20 , at a m./p.m. Anne Effective dace (man be wi" 90 dsp afdaa arbmJtmajl WILLIAM FRANCIS GALVIN S,mwy of the Gmxwawo" Piling fee: $100 Rnminer TO BE FILLED IN BY CORPORATION Contact Infbromwioa: Name approval Andrew pt,M clo Holland & Knight 1 t p _- C in ea camas Awam a M agentan, A 02116 Telephone: 617 619 S Panail: Upon filing, a copy of this filing will be available at wwwacc stamma.uslcor. If the doarmant is ajec 4 a copy of the rejection sheer and rejected document will be available in the rejected queue. �,yy ALCOHOLIC BEVERAGE LICENSE APPOINTMENT OF CHANGE OF OFFICERS Request is hereby made for the approval of the following individuals as Officers of this Corporation in accordance with the formal vote stated below; This is to certify that a meeting of the directors of the BRINKER MASSACHUSETTS CORPORATION at its headquarters at 6820 LBJ Freeway, Dallas, Texas, it was voted to authorize application for a change of officer and, effective May 1, 2005, to appoint as Vice President and Assistant Secretary, Jeffrey Alan Hoban residing at 1004 Allen Street, Dallas, Texas, a citizen of the Unites States, of said corporation, and to appoint as Treasurer, Bryan D. McCrory residing at 10905 Cactus Lane, Dallas, Texas, a citizen of the United States, of said corporation (Mr. McCrory will be retaining his current role as Vice President and Assistant secretary), with as fill authority and control of the licensed premises and of the conduct of all business therein relative to alcoholic beverages as the licensee itself should in any way have and exercise if it were a natural person resident in the Commonwealth. i�--1 The foregoing statements are made under penalty of perjury on kwx 1 t), -uo5 # 276470k T1 Jay L. Tobin Vice President and Assistant Secretary .� BRINKER MASSACHUSUM CORPORATION, a Dahmm capoadoa 6824 LBi Fiamy Dallas. TX 75240 Fedayd ID No.: Dab of LlImporafian: 09x29/95 3925 A Ciilbat Dalbm TX 75219 (214) 320.2420 lay L. Tobin 7114 McKmay Blvd. Da11ae, TX 75248 (972) 713 -6788 1O94S Cactus Lane Dallas, TX 75238 (972)349 -1218 1004 Allen Shoot Dallas„ TX 75204 (214)763 -5974 Lmm C Rktm d 3412 Rod Oak SkW Saohm TX 75048 (972 )496 -9668 0 Vwa Preddaat aad Aasiataot SacwtKy V'wa Praidcat„ liae mw, ad A=Wtaat Smatay Vwa PraWcat and Aoddw t S=dKy A & yb FAX: (781) 942 -9071 Email: townmanager @ci.reading.ma.us Town of Reading 16 Lowell Street Reading, MA 01867 -2685 TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: September 30, 2005 RE: October 4, 2005 Agenda TOWN MANAGER (781) 942.6643 lc) Under the Town Manager's section of the agenda, there is a copy of the LIP material for Johnson Woods. This needs to be signed by the Chairman of the Board of Selectmen. This reflects the project as approved and is required in order to get credit as part of the Town's affordable housing stock, of the 17 affordable units to be built within the project. Also included is a copy of the affordable housing plan for the development. 4a) Appraiser Dave Billard and the Board of Assessors are going to do the highlights. They will be talking about the assessment process and particularly about the process of setting the tax rate. The Board will be having a tax classification hearing on or about November 1, 2005, so this will be information that will be helpful to the Board in conducting that hearing. 4b) Brinkers International d/b /a Romano's Mararoni Grill will be requesting two actions by the Board of Selectmen: 1. Change of Manager that is a routine matter, and 2. Change of Officers - this was done on a statewide basis for the Chili's Restaurant that is also owned by Brinkers, but was not done for the Macaroni Grill chain. Both of these are routine matters. 4c) Please see the attached memo regarding 75 Pleasant Street. What I am recommending will allow the Housing Authority to move forward with the four units and establish process for preservation of the two unit historical home, giving an opportunity for the sale of that property or historic preservation if feasible. If the Board approves this concept then we will have specific actions to be taken by the Board. FAX: (781) 942 -9071 Email: townmanager &l.reading.ma.us TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: September 21, 2005 RE: 75 Pleasant Street Town of Reading 16 Lowell Street U_ •'' TOWN MANAGER (781) 942 -6643 I have asked for and received additional information from the Reading Housing Authority regarding the development of this property. Based on this information, which includes cost estimates for the four -unit development, I would recommend the following course of action: Do the necessary land swaps in order for the Housing Authority to move forward on the four -unit development as they have presented to the Board of Selectmen. This will require an expenditure of $180,000 from the Affordable Housing Trust Fund. 2. At an appropriate time, put the remaining property (estimated at 8,000 — 10,000 square feet) along with the historic home on the market with historic preservation restrictions. Provide a good faith effort to sell the home with those conditions for 90 days. If the property is not sold within 90 days then put it back on the market with the removal of the conditions. It should be noted that the sale of the house may not actually occur until such time that the Reading Housing Authority can move the existing tenants at that location into the new development. 4. Utilizing the remainder of the Affordable Housing Trust Funds ($130,000) plus the proceeds of the sale of the historic home, the Housing Authority would go out and purchase two additional housing units to own and operate. These could be an existing two family home in the community, or some other option of condominiums, etc. The end result of this transaction will be: s the construction of four new (and additional) affordable housing units, o potential preservation of a historic home, and ♦ the replacement of the two units in the historic home with two other units in the community. C In discussion with the Executive Director of the Reading Housing Authority, she feels that this would work financially. The $130,000 from the Trust, plus a net amount (sales price less mortgage) of over $100,000 from the sale of the historic home could make the purchase of a new two family unit a financially viable transaction for the Housing Authority. PIH/ps �I Recalculation nf Project- 4 new units only Income: Computation of net income of Project Rent per unit w/o Monthly Rent: #ofUnits 4-3BRUnits Mortgage Term in Months .......................... 360 Purohooa/oonstcoot $650.000 $162.500 (per unit cost) Raze Exist Bldg $U Legal &Permit $7.500 Monthly Current Mtge $O Interest rate 6.0096 OEPoonnp|ienoe $25.000 $17.500 Sitevvork - Parking $45'000 Site work -4units $30'000 e|ec-sewer eto Less: Affbotcontrib. ($18O.0OO.00) <----------- ExpeutadyNbg $577.500 Monthly Payments $3.462 Income: Rent per unit w/o Monthly Rent: #ofUnits utilities @605 one bedroom O $QQO two bedroom U $1.110 three bedroom 4 $1.306 Total income 4 Income over mortgage costs Operating Costs Basis: Actual 2OO5P&L Number ofUnho.... 4Ann| Unit C Annual Expense Insurance $665 $2.060 Pi|otteneu $143 $572 Est. K8aint Materials &contracts $271 $1.084 Capital Reserve (Y6 of rent) ......... - 5.0096 Vacancy Allowance M6of rent) ... - 2.5096 Heat &Uti|.-(Pdby tenant) water $D $O Other- $181 $724 Total Direct Costs Net income after direct operating expenses Allocation basis-current units + 4 Allocation ofK8aint.Labor $1'353 $5/412 Ai|ocobonofRHA - G&Acosts $900 $3.600 Allocation of employee bonofitu $1.025 $4.100 Total Indirect Costs $13.112 Net income after fully loaded costs Annualized net income after direct Op .Expenses Annualized net income, fully loaded expenses =Actua8tichConstructio July 05 project $120 oqftx1500 oq0=$180.000 per unit cost (includes site work) **RHA plans include estimated cost structure of$12S.25per sq. ft $0 $0 $5,22 "ossumo gas heat, $5.224 electric cooking (used since 0% funding level) $221.67 $47.67 $261.20 $130.60 $0 $60 $811.47 $451 $34 $1,093 ($142) $11,406 ($1'71O) I q C Q s 7a*22' aa• E \ \ E N6TING \ SENIOR \ CENTER \d � 1! 1 NEW AA NET MODULAR HOUSING G TWO FAMILT 20' 34' FOOTPRINT EACH D CONSTRUCT UNIT/ 1,360 G.5.F. EA.) RNA TOTAL LOT AREA - t/- 18,667 S.F. SENIOR CENTER LOT AREA - 41- 22,391 S.F. ARCHITECTURAL SITE PLAN CONCEPT "B" 9=f:1' 2D NOTE INFORMATION ON TN15 PLAN WAS TAKEN FROM A CONCEPTUAL SITE PLAN PREPARED BT OTTE C DWYER, INC., REGISTERED LAND SURVEYOR, DATED JAN. 6, 2004 4d) This week you were given a copy of the Local Water Resource Management Plan. This needs to be formally approved by the Board of Selectmen prior to MWRA action on our request to buy supplemental water. MWRA action is scheduled for the end of October, so time is of the essence on this matter. 4e) Attached is t e 7p`da e iew of goals. The purpose of discussion is to review our progress on meeting the specific goals and objectives that were established. At a later date, but before the end of this calendar year, the Board should do a broader review to see if these goals are still valid, and/or whether we want to establish new goals. Additionally, I'd like to work to finalize the mission statement. It strikes me that the wording of it is somewhat clumsy and I would like to finalize that so that we can utilize it more broadly within the organization. 4f) Review Town Meeting Warrant — I'd like to establish with the Board an action plan of any particular Articles that need more work prior to Town Meeting. I believe that these Articles would be: Article 7 — Establishing a Storm Water Management Enterprise Fund; Article 12 - Sale of Land Oakland Road; Article 19 - Mixed Use Bylaw; Article 20 - Rezoning Property Bounded by Sanborn, Woburn, Linden and Haven Streets; and Article 21 changing to a five member Zoning Board of Appeals. PIH /ps I� "fii a, Contents °1 Section 1- Introduction 1.1 Purpose of Plan .......................................................................... ............................... 1 -1 a 1.2 Watershed Overview ................................................................... ............................1 -1 1.2.1 Ipswich River Watershed ............................................. ............................1 -1 t 1.2.2 Aberjona /Mystic River Watershed 1.2.3 Saugus River Watershed.' ......................................................................... 1-4 Section 2 - Water Supply and Water Use 2.1. Description of Water System ................................................... ............................... 2 -1 2.1.1 Wellfield Description ................................................. ............................... 2.4 �. 2.1.2 Wellfield Water Quality Threats .............................. ............................... 2 -1 2.1.3 Water Treatment Plant .............................................. ............................... 2 -5 Private Wells ............................................................... ............................... 2 -6 t2.1.4 2.1.5 Emergency Interconnections .............:...................... ............................... 2 5 2.1.6 Emergency Planning .................................................. ............................... 2 -6 ^ 2.2 Source Water Protection Programs ................................:........ ............................... 2-6 : 2.3 Summary of Water Use .............'............................................... ............................... 2 -8 2.3.1 Existing Water Demand ............................................ ............................... 2 -8 2.3.2 Projected Water Demand ......................... ............................... . 2 -9 2.4 Existing Conservation Measures ...................:......................... ...................... • -• - -.. 2 -10 2.5 Water Supply Options ..... ............................... t Section 3 - Wastewater and Storm Water 3.1 Existing Disposal Methods ...................................................... ............................... 3 -1 3.1.1 Wastewater ................................................................. ............................... 3 -1 3.1.2 Stormwater .................................................................. ............................... 34 3.2 Wastewater Management Plan ............................................... ............................... 1-2 3.3 DEP Wastewater Reuse Policy ................................................ ............................... 3 -3 Section 4 - Natural Resources t 4.1 Streamfiow Conditions .... ............................... ........ 4 -1 .................. ............................... 4.1.1 Ipswich River .............................................................. ............................... 4 -1 4.1.2 Aberjona /Mystic River .................................... ..........................4--.1 4.1.3 Saugus River ............................................................... ............................... 4 -3 j 4.2 Natural Resources in Reading ................................................. .......................•....... 4 -4 4.2.1 Conservation Areas ................................................... ............................... 4 -4 4.2.2 Natural Resource Areas ............................................ ............................... 4 -8 4.2.2.1 Vernal Pools ............................................ ............................... 4 -ii 4.2.2.2 Wetlands ..................................................... ............................4 -8 4.2.2.3 Rare Habitats ......................................... ............................... 4 -11 CDM 0316- 32794 ML0666 Table of Contents Section 5 — Regional Plans 5.1 Planning for Growth Project ......... ............................... 5.2 Ipswich River Management Plan ............................................... ............................5 -1 5.3 United States Geological Survey (USGS) Studies ................. ............................... 5 -2 Section 6 —Future Plans 6.1 Existing Zoning Master Plan, and Build -out Analysis ... .. ............................... 6-1 6.1.1 Zoning ............................................................................. ............................6 -1 6.1.2 Master Plan ................................................................. ............................... 6 -2 6.1.3 Build -out Analysis ..................................................... ............................... 6 -2 6.2. Future Water and Wastewater Needs .................................... ............................... 6-3 6.3 Water Infrastructure Plans .......................................................... ............................6 -3 6.3.1 Water Treatment System ........................................... ............................... 6-3 6.3.2 Distribution System ................................................... ............................... 6-4 6.4 Wastewater Infrastructure Plans ............................................. ............................... 6 -4 6.5 Overall Summary ...................................................................... ............................... 6 -5 Section 7 - Analysis and Conclusions 7.1 Conclusions ................................................................................ ............................... 7 -1 7.2 Action Plan .................................................................................... ............................7 -1 Section 8 — List of Reports Appendix A — Handbook for Water Supply Emergencies Appendix B — Zoning By -Laws, Aquifer Protection District Appendix C — Recommendation of the Town of Reading Ad -hoc Water Supply Committee Appendix D — Recommendations from the Draft Final Report of the Planning for Growth in the Upper Ipswich River Watershed Project Appendix E - Town of Reading - Master Plan Summary and Conclusions Appendix F - Capital Improvements Program 031532794 ML0666 - � `| j\ ! ' lC�i � | �, ��4� �� ' .. � {� � �^ ~ ^` / ! / ���" �� �— &�K�K�| -- � /ii .. ` oomo94 ^ uum68 j [ Figure l-1 Watershed Boundaries, Town of Reading ................................................... 1-2 , Figure I-2 Watershed Boundaries —I995 Orthophotos ............................................... 1-3 ' �-I ' { Figure � �ovv�\���s�ovvzzof -.'—.--._'_------_ ��--- -----`o -'-------------- 2-2 ^/ 2-2 Figure Aquifer Protection District .............................................................................. 2-7 Figure 4-1 l/SGSStreozodIovv Gages ................................................................................ 4-2 1 ) 4-2 " �o�em To�nzof ........................................................ . 4-5 ' .. � {� � �^ ~ ^` / ! / ���" �� �— &�K�K�| -- � /ii .. ` oomo94 ^ uum68 �� Table 2-1 Water Source �dorzna�nn....-------------'_'-------^_-'__-__ Table 2-2 Average Residential Per Capita Water Use ................................................. 2-9 Table 2-3 2020 Projected Water Demand .................................................. ................. 2-1w �-uo Table 4-1 \�e�uzndType and lJiotzibubon--.-.........--.---._'_-_-_-'-_-'--'_-_' Table6-1 Zoning Districts ............................................................................................... n-^ ° Q IV Section I Introduction 1.1 Purpose of Plan This Local Water Resources Management Plan has been developed in conjunction with the Town of Reading's application for admission to the MWRA waterworks system and request for an inter-basin water transfer. This Plan follows guidelines established by the Department of Environmental Management (DEM). The purpose of the Plan is to provide a comprehensive overview of the Town's water resources, water supply, and wastewater system. The Plan can be used to help the Town make decisions for its water system that will minimize environmental impacts and protect public health. 1.2 Watershed Overview - The Town of Reading is located within three watersheds: the Ipswich River Watershed to the north, the Aberjona/ Mystic River Watershed to the southwest, and the Saugus River Watershed to the southeast (see Figures 1-1 and 1-2). Reading lies near the headwaters of each of these three rivers. The Ipswich and Saugus River Watersheds are subbasins of the North Coastal Basin; the Aberjona/Mystic Watershed is a subbasin of the Boston Harbor Basin. Each of the three watersheds is described below. Because Reading's water supply is within the Ipswich River Watershed, this basin will be emphasized throughout this report. 1.2.1 Ipswich River Watershed Approximately 48 % of the Town of Reading lies within the Ipswich River Watershed. The section of Reading within this watershed is relatively undeveloped, with extensive wetlands and conservation areas (see Section 4.2). A description of the watershed is provided in USGS (2000) and is summarized below. The Ipswich River Watershed encompasses 155 miles along the Atlantic coastal plain in northeastern Massachusetts, approximately 20 miles north of Boston. The river begins in the Mill Brook tributary in Burlington and discharges to the Atlantic Ocean near the southern tip of Plum Island. The river is tidal below the Sylvania Dam in Ipswich. The Atlantic coastal plain is characterized by low relief. The Ipswich River drops 110 feet over its 36 -mile length, for an average slope of 3.1 ft/mile. The river gradient is influenced by numerous wetlands (21 % of the watershed) and three dams that create- backwater conditions in many reaches of the river. CDM 0315-32794 MLOO58 Watershed Boundary `y Figure 1 -1 2000 0 2000 a000 Fit Watershed Boundarie,, SCALE 1:36000 Town of Readinc Massachusett', f 4 Section 1 Introduction ' The climate is humid with approximately 45 inches of precipitation distributed fairly evenly throughout the year. The average annual temperature is approximately 49 "F with monthly mean temperatures ranging from 28 IF in February to 70 IF in July and k August. The watershed includes all or part of 22 municipalities, 14 of which obtain water Tr supplies from within the basin. Land use within the watershed (excluding the 5 1 square miles downstream of the Sylvania Dam) consists of approximately 31 % residential land, 4.6% commercial land, 41% forest and open space, 2.3% open water, and 21% wetlands. The Ipswich River experiences recurrent low flows, and parts of the river have completely dried up during dry years. Several state agencies are seeking ways to minimize impacts on the river. } 1.2.2 Aberjona/Mystic River Watershed The headwaters of the Aberjona River are in southwestern Reading (approximately 25% of the Town lies within the Aberona /Mystic River Watershed). The river flowvs ,i southward through Woburn and Winchester, where it empties into the Upper Mystic Lake near the Winchester/ Medford border. The Aberjona River drains approximately 27.8 square miles of urban land. The water level of the Upper Mystic Lake is controlled by a small dam that separates the Upper and Lower Mystic Lakes. The Mystic River flows out of the lower lake through the highly urbanized communities of Medford, Somerville, Malden, Everett, Chelsea,. and Boston before discharging to Boston Harbor. The Mystic River is controlled downstream by the Amelia Earhart Dam in Everett /Somerville. This dam is operated by the MDC, who often lower the river prior to an expected rainstorm to prevent flooding. Parts of the Aber ona /Mystic River Watershed - including Winchester, Medford, and North Cambridge (along the Alewife Brook tributary) - are plagued with flooding problems. There are also several contamination sites within the watershed, including 4 a noted Superfund site in Woburn. No community water supplies are located within the Aberjona /Mystic River Watershed. 1.2.3 Saugus River Watershed Approximately 27% of Reading lies within the Saugus River Watershed. The Saugus River falls 90 feet from its headwaters in Reading, Lynnfield, and Wakefield, to its mouth at Broad Sound off the coast of Lynn. The river mainstem is 13 miles long and flows through Reading, Wakefield, Lynnfield, Saugus, and Lynn. Five other towns contribute water to tributaries to the Saugus River. The Saugus River Watershed is 47 square miles and is characterized by urbanized floodplains, mostly flat waterways, and significant storage areas (e.g., wetland systems). There is significant commercial, industrial, and residential development within the watershed. 11 CDM 1-4 0315.32794 ML0656 i' 0315 -32794 ML0058 Section I Introduction The Reedy Meadow in Lynnfield is a dominant feature of the upper Saugus River Watershed that has a tremendous storage capacity, thereby controlling flows and flooding in downstream areas. This wetland also has historically served as an important waterway for conveying surface flows from the Wakefield and Reading areas in the upper watershed to the lower reaches of the Saugus River. The downstream boundary of the Reedy Meadow is the Saugus River Dam (a.k.a. the Lynn Waterworks Dam), which can either pass water downstream to the Saugus River or divert water into Hawkes Pond, a drinking water reservoir for the Town of Lynn. The Saugus River is Lynn's primary water supply. Several areas in Lynnfield, Wakefield, and Saugus are prone to flooding. A 1992 study recommended a series of improvements to reduce flooding of the Saugus River, including culvert cleaning and repair, dredging, enforcement of erosion controls, enforcement of restrictions on floodplain encroachment, restoring the river channel, and upgrade and change of operations of the Saugus River Dam. The state has designated two Areas of Critical Environmental Concern (ACEC) within the Saugus River watershed. The Rumney Marshes ACEC was designated in 1988 and encompasses 2,800 acres of saltwater marsh and estuary in Boston, Lynn, Revere, Saugus, and Winthrop. The Golden Hills ACEC was designated in 1987 and includes 500 acres in Melrose, Saugus and Wakefield. According to the Saugus River Watershed Council, the major issues in the Saugus River Watershed include: • Low flows - the SRWC would like to maintain a minimum flow to allow restoration of the anadromous fishery, • Water quality, particularly fecal coliform contamination and low dissolved oxygen, • Illegal dumping of appliances, yard waste, cars, construction debris, etc. in some areas of the watershed, • Protection of remaining buffer zones and open space, and • Flooding in the Mill River, Reedy Meadows, and Town Line Brook areas. 4d11• 1 -5 I E. .J Section 2 1 Water Supply and Water Use This section assesses the Town of Reading's water supply and patterns of water use. The Reading water system serves the entire Town, with more than 23,500 residential consumers and 7,660 service connections. The section begins with a description of the existing water supply, threats facing the supply, and the Town's source protection program. Next, patterns of water use — both current and projected — are described. The section concludes with an assessment of potential water sources that could be used to meet future demand. 2.1 Description of Water System 2.1.1 Wellfield Description The Town of Reading derives its water supply from nine groundwater sources located within the Ipswich River Watershed, eight at the Hundred Acre Wellfield and one in the southern portion of the aquifer (see Figure 2-1). Pumpage data for these sources are listed in Table 2-1. Two other sources, the tubular wellfield (installed in 1931) and one of the Revay Brook wells (see Section 2-1.2), are no longer active. The individual pumping capacities of the active wells vary over a wide range. Well No. 3 is the smallest at 250 gpm (0.36 mgd),,- and the Town Forest well is the largest at 1,500 gpm (2.16 mgd). The sum of the nominal pumping capacities of each well pump is 10 mgd. For several reasons, including interference effects among the wells and the loss of well capacity over time, the actual wellfield yield is less. The sum of the DEP-approved rates for the nine sources is 8.36 mgd. A 1982 study by IEP estimated the safe yield of the wellfield to be 7.0 mgd. The capacity of the WTP is 6.0 mgd. 2.1.2 Wellfield Water Quality Threats it The Hundred Acre Wellfield is threatened by contamination from several nearby Tier I contamination sites. Although these contamination sources are not currently impacting the Town's water supply, they remain a long -term concern. According to DEP, the water quality concerns of highest priority are (as of Mardi 1999): COM 0315-ZI2794 MLOO59 m Sterling Supply— This company was a dry cleaner supply firm, handling bulk deliveries of PCE. There is no viable responsible party for the contamination here., so DEP is coordinating the cleanup. DEP has installed two recovery wells in the bedrock aquifer. DEP will continue to evaluate water level and water quality data to better determine whether the capture zone of the recovery wells includes the entire contaminant source area. 2-1 'I ti- ',v q up g 9 T "a '{ icy r}f3yfaty {t fg� all IP F'� vi LJ -OX p r ona rsr Public Water Supply WN/Watershed Boundary X, 77 T 7-V Figure 2-1 2000 0 2000 4000Feet Town Wells Town of Reading SCALE 1:36000 Massachusetts !q15-U794 Section 2 Water Supply and Water Use 2.1.6 Emergency Planning Reading has developed a Handbook for Water Supply Emergencies that contains emergency response procedures for four levels of emergency. Portions of the Handbook are included in Appendix A; a full copy of this document is available upon request. 2.2 Source Water Protection Programs The Reading Zoning By-Laws (September 2001, see Appendix B) established an Aquifer Protection District for the following purposes: ® To protect, preserve, and maintain the water table and water recharge areas within the Town, so as to preserve present wells and potential future wells in the same aquifer, as sources of water supply for public health and safety. w To protect the community from the detrimental use and development of land and waters within the Aquifer Protection District. w To conserve the aquifer areas of the Town of Reading for the health, welfare, and enjoyment of its people. The Aquifer Protection District includes "those areas within Reading from which water will flow to the municipal wells, either directly through the groundwater system or indirectly, first through the surface water system and then through the groundwater syst6m." The Aquifer Protection District was modified at a recent Town Meeting to meet 310 CMR 22.21(2) and to be the same as the Zone II wellhead protection area (see Figure 2-2). The following uses are permitted within the Aquifer Protection District, provided that all necessary permits, orders, or approvals required by local, state, or Federal laws are also obtained. • Conservation of soil, water, plants and wildlife; • Outdoor recreation, nature study, boating, fishing, hunting where otherwise legally permitted; • Foot, bicycle and/or horse paths and bridges; ® Normal operation and maintenance of existing water bodies and darns, splash boards, and other water control, supply and conservation devices; ri Maintenance and repair of any existing structure provided there is no increase in impermeable surfaces beyond the limits set forth for development (below); a Development as permitted in the underlying districts, provided that no more than 20% of a building lot as of record on January 1, 1995 is rendered impervious. 2-6 Section 2 Water Supply and Water Use of During summer 2001; DEP became aware of a contamination site (the AGFA facility) in southeast Wilmington not far from Reading's Revay Well. The site is under investigation as a Tier 1B Site at 80 Industrial Way in Wilmington. DEP is concerned with VOC contamination in bedrock. The contamination has moved beyond #80 Industrial Way onto 90 Industrial Way. Further, the plume appears to have reached the edge of Reading's Zone H for the Revay Well. A Massachusetts Highway Department (MHD) facility on Causeway Street in Reading was also found to have contaminated groundwater with all the same compounds found in the Revay Well. This site is within the Zone II of the Revay Well, approximately 1/4 mile from the wellhead. This site is also under investigation by DEP. The Town collected a sample from the active well on July 23, 2001 and found low- level (below MCL) contamination by eight chlorinated hydrocarbons.. All concentrations were below 2 ug/l. The Town re-sampled the well 'on August 14, 2001, and re-analysis confirmed the same eight compounds, at slightly higher concentrations (but still all below 4 ug/1). The eight detected hydrocarbons and their MCLs are: 1,1-DCE (MCL 7 jig/1), TCE (MCL 5 jig/1), TCA (MCL 200 ttg/l for 1,1,1-TCA and 5 gg/I for 1,1,2-TCA), cis-1,2-DCE (MCL 70 Ag/1),PCE (MCL 5 gg/1), chloroform (no MCL), 1,1-DCA (no MCL), and MTBE (MCL). No sample from the Revay well exceeded the MCL for any parameter. The Revay Well is currently not in service due to the detected low levels of chlorinated hydrocarbons. 2.1.3 Water Treatment Plant All source water is treated at the Louanis Water Treatment Plant (WTP) before delivery to consumers. The WTP is located on Strout Avenue and has a capacity of 6.0 mgd (see Figure 2-1 on page 2-2). The WTP removes iron, manganese, and color from the source water to reduce taste and odor problems. The WTP will be renovated in the near future to meet the expected changes in the Safe Drinking Water Act. 2.1.4 Private Wells Some residents in Reading maintain private wells. The Town is actively trying to register all private wells through the Board of Health to facilitate notification in case of potential tial groundwater contamination or other problem. Almost two hundred private wells have been registered; only a few (21 out of 188, or 11%) are for potable use. The non-potable wells are generally used for irrigation. 2.1.5 Emergency Interconnections Reading maintains interconnections to the water systems of nearby communities for emergency use only. Connections exist with Woburn, Wakefield, Stoneham, and the Massachusetts Water Resources Authority at meter #240 in the city of Woburn. 4x COM 2-5 0315-M794 MLOG59 0315-=794 Section; 2 Water Supply and Miter Use PCE, TCE and DCE contamination found in Well 82-20 is believed to have originated at this site. However, these contaminants have only been found in Well 82-20 at very low levels in the last five years (TCE ranged from non-detect to 22 gg/l; PCE ranged from non-detect to 3.5 gg/l; and DCE ranged from non - detect. to 12 gg/1). The maximum contaminant levels (MCLs) for these chemicals are 5 pg/1 for PCE and TCE, and 70 gg/I for DCE (as cis-1,2-DCE).. ■ Roadway Express - Relatively little is known about this site. It is known that there, is PCE and chlorobenzene contamination in the bedrock, which originated from a. discharge to an on-site catch basin. Not much work has been yet done to evaluate and control offsite migration. DEP's concern with respect to the Reading weRfleld is based in part on the fact that a fracture trace analysis of the site's bedrock showed a fracture zone extending from the contaminated area right toward the Town Forest Well. It is not yet known whether this might be a significant contaminant migration pathway. u Former General Electric (GE) / Amitek - This site was responsible for the loss of North Reading's Stickney Well in 1978. PCE and TCE at this site extend in a long plume in an east-southeasterly direction toward the Ipswich River. The contaminant flow direction appears to arrive at the river in an area downstream of the wellfield. It is probable, but not certain, that this contamination would not flow back up to the nearest Reading well. DEP is continuing to insist to GE that the plume is not under control, that natural attenuation processes are not enough, and that additional control measures are necessary. GE has recently changed consultants, and these discussions are ongoing. This plume is by far the largest and most complex of the contaminant plumes in the area. ® The 1992 1-93 gas spill - On September 30, 1992 more than 10,000 gallons of gasoline were spilled from a tanker truck on 1-93. The fuel spilled off the highway and into the adjacent wetlands, which overlay the groundwater aquifer from which Reading draws its water supply. Reading's wells were temporarily shut down and remediation operations began immediately. DEP is satisfied with the results of the cleanup, and the Reading wells will probably not be impacted by the gas spill. The on-site treatment system was shutdown in July 1998, and sampling was concluded in October 1999. The final RAO was submitted to DEP in December 2000, and DEP confirmed that all monitoring wells were removed from the site in February 2002. a AGFA/Massachusetts Highway Department - The Revay Brook wellfield was developed c. 1957 and was taken out of continuous service in the mid-1970s due to sodium contamination. Iron and manganese concentrations were also reportedly increasing at the time of reduced service, but these compounds were removed during treatment at the WTP. One of these two wells has been officially abandoned, and the second is characterized by high levels of sodium and has only been used when necessary. 2-4 J r,- r- r f a 2 ' s 0 s r r Ou#wash and Ice Contact Deposits Glacial Till Deposits Drainage Basin Boundary Reading Production Well ZONE II ZONE III FIGURE 2 TOWN OF READING, MASSACHUSETTS ZONE II AND ZONE -111 AREAS SOURCE: USGS 7:5 z 15 MINUTE SERIES READING, MASS. QUAD, 1987 SCALE 0 ��. 1 MILE Weston & Sa °:-psoin Figure 2 -2 Aquifer Protection District r' J r,- r- r f a 2 ' s 0 s r r Ou#wash and Ice Contact Deposits Glacial Till Deposits Drainage Basin Boundary Reading Production Well ZONE II ZONE III FIGURE 2 TOWN OF READING, MASSACHUSETTS ZONE II AND ZONE -111 AREAS SOURCE: USGS 7:5 z 15 MINUTE SERIES READING, MASS. QUAD, 1987 SCALE 0 ��. 1 MILE Weston & Sa °:-psoin Figure 2 -2 Aquifer Protection District Section 2 Water Supply and Water Use m Farming, gardening (including organic composting), nursery, fertilizers, herbicides, pesticides, manure and other leachable materials are not stored outdoors. The following activities are prohibited within the Aquifer Protection District: ■ Storage or pipeline transmission of petroleum or other refined petroleum products except within buildings it will heat; • Subsurface disposal of liquid or leachable wastes; • Sale, use and storage of hazardous- and toxic materials; • Open road salt storage and, dumping of sAlf-contaminated snow; ■ Disposal of solid wastes; ■ Outdoor storage of fertilizer, herbicides and pesticides; ■ Dry cleaning establishments; • Boat and motor vehicle service, washing or repair establishments; • Printer's and photographer's establishments; • junk and salvage yards; • Mining of land except as incidental to a permitted use. Five facilities conduct prohibited uses within the Aquifer Protection District; these existed before the District was designated by Town ' rn Meeting. These facilities are the Massachusetts Highway Department (1%,,MD) on Causeway Road; Mobil Oil Corp. at 1330 Main Street; Sandborn MR Service Station, 1462 Mein Street; a service station at 1337 Main Street (formerly Sunoco); and the Louanis Water Treatment Plant. With the exception of the Ml D facility (as described above in Section 2.1-2), none of these facilities are considered to be a serious threat to the groundwater. 2.3 Summary ®f Water Use 2.3.1 Existing Water Demand Current average finished water demand in Reading is approximately 2.0 mgd (3.0 cfs). The Town's registered raw water withdrawal is 2.57 mgd through the Water Management Act. Table 2-2 lists the per capita residential demand in Reading for the past ten years (1992-2001). Per capita demand ranged from 54 gallons per capita per day (gpcd, in 2000) to 64 gpcd (1999), and averaged 60.3 gpcd. During dry years, the Town's average day high period demand (May through October) may rise to as much as 3.0 mgd (4.6 cfs). 4A cm 2-8 0315-32794 ML0659 Section 2 Water Supply and Water Use 2.3.2 Projected Water Demand The Town conducted a study to estimate water demand in 2020. Components of future demand include: a Domestic use — The estimated 2020 population of 24,060 was determined from historic Census data and a sensitivity study using MAPC /MISER projections. Daily domestic water use of 58 gpcd was used, based on historic patterns and billing records. Table 2 -2 Average Residential Per Capita Water Use Year � Avera,���'Aes�rlenfial Per• x P�. 5 W 1992 58 1993 62 1994 60 1995 63 1996 60 1997 63 1998 58 1999 64 2000 54 2001 61 Average 60.3 Source: Annual Statistical Reports. u industrial /commercial use — Projected water use was estimated using 40 gpcd and an employment estimate of 6,400 employees. 03, 5-WN ML0559 Section 2 Water Supply and Water Use a Unaccounted for water — The category of water use includes fire fighting, leaks, breaks, and meter errors. The Town is aggressively pursuing means to reduce unaccounted for water within the water system. a Other uses — This category includes municipal uses; water main flushing, irrigation, and loss during water treatment. Demand for these uses is expected to remain constant. a Conservation — The Town will aggressively pursue water conservation through rebate programs for low -flow devices, education, and other conservation programs. The goal is to reduce demand. by an average of 190,000 gpd. Table 2 -3 shows the projected demand for 2020- The total system demand is estimated to be 2.08 mgd. Table 2 -3 2020 Projected Water Demand Component of Demand ?020. RroectedDeiad _ . ::6►d c�:::::; 7 ; 1. Domestic Use 1.505 Industrial /Commercial 0.346 Municipal 0:032 Other 0.086 Unaccounted For Water 0.300 Water Conservation =b.190 TOTAL 2.079 Although the Town's existing wellfield can meet the projected demand, the Town is pursuing entrance to the MWRA Waterworks System as a partially - supplied community to supplement its existing supply and reduce environmental impacts to the Ipswich.River Watershed. 2.4 Existing Conservation Measures The Town of Reading currently has a comprehensive water conservation plan. Existing measures include: 4 �, Mul 0316-M794 MOM Section 2 Water Supply and Water Use ■ Water conservation fixtures at allnewly constructed municipal buildings; ■ Annual leak detection surveys of the entire distribution system, followed by prompt repair of any identified leaks; w Outdoor water restrictions, as follows: ■ Stage 1 is implemented because of an impending water shortage. ' Voluntary conservation of water is requested of all users. Mandatory regulations exist for filling swimming pools. ■ Stage 2 provides for mandatory water conservation, subject to penalties in accordance with law for violation di these restrictions. Water may be used for outdoor purposes only from 4:00 a.m. to 11:00 a.m., and 5:00 p.m. to 8:00 p.m., Monday through Sunday. Even-numbered addresses may use outdoor water on even-numbered days of the month; odd-numbered addresses may use outdoor water on odd-numbered days of the month. There are no restrictions for hand- held watering devices. Violation of the restrictions is punishable by a $300 fine. ■ Stage 3 is provided for conditions when only.enough water is available for essential public health and safety purposes. No outdoor water use of any type is permitted. Water .use is restricted to domestic home use only forpurposes including normal bathing, laundry, and sanitary uses. Stage 2 restrictions have been continuously in place since the 1992 gasoline spill that threatened the Town's water supply. Stage 3 restrictions were temporarily in place immediately after the gasoline spill, but were lifted after the threat of imminent contamination passed. ■ Public education/ including annual water bill inserts, public service announcements on cable TV and in the newspaper, information pp the Town website, pamphlets available at the library, water treatment plant, and Town Hall, and tours of the water treatment plant. ■ 100% metering of all service accounts, which are radio read for improved accuracy; and ■ High water and sewer rates (Reading has the 9th highest rates among the 56 MWRA member communities). Reading has developed a comprehensive water conservation plan to reduce average residential demand. The Town has approved $1,000,000 for water conservation in its capital improvement plan (to be *allocated over a four-year period). Town Meeting has appropriated $500,000 for the conservation program to date.. Components will include continued leak detection; toilet and washing machine rebates; aggressive 0� 2-11 Section 2 Water Supply and Water Use municipal conservation, monthly billing; and a more aggressive education campaign. The conservation plan is available under separate cover. 2.5 Water Supply Options In 1999, the Board of Selectmen for the Town of Reading established the Ad-Hoc Water Supply Advisory Committee to advise the Board on the best long-term water supply options available to the Town. The coiiunittee identified the following water supply options. ■ Ipswich River. Groundwater Wells in the Ipswich River Watershed are the current water supply, as described earlier in this report. 4, w MWRA. The Town is applying to join the MWRA waterworks system to receive up to 219 million gallons of water per year during periods of low river flows. Thus, the use of MWRA water would relieve some of the demand on the Ipswich River Watershed. MWRA could supply water to Reading via the existing emergency connection at the Woburn /Reading boundary (meter #240). A flow of up to 3.6 mgd is possible at this connection without causing a significant (> 1 psi) decrease in pressure for other portions of the Northern. Intermediate High Service area. Although the capacity of the actual pipe connecting Reading to the MWRA system is much greater, flow in excess of 3.6 mgd to Reading would impact other MWRA communities. Bedrock Wells. The Town is currently assessing the feasibility of developing deep bedrock wells. The potential supply of bedrock wells will notbeknown until testing is completed in 2002, Preliminary results from the ongoing investigations indicate that bedrock wells are not likely to supply a significant quantity of water. n Andover Municipal Supply /Merrimack River. The Town of Andover operates its own treatment plant with a supply from the Merrimack River. Andover sells to other communities such as North Reading and Tewksbury, and therefore was viewed as a possible source of supply for Reading. However, the cost of such a connection is quite high and it is unlikely that Andover could meet Reading's demand forecast with the current demands on the Andover system. w Conservation. The goal of a conservation program would be to reduce water usage by 190,000 gpd (gallons per day). This is expected to be achieved by an aggressive education and rebate program designed to encourage the installation of low-flow, water saving devices. Other programs include xeriscaping education/rebates and municipal and residential water audits. The Town's conservation plan, available under separate cover, provides a detailed description of these programs. It is assumed that such a program would save the Town approximately 190,000 gallons of water per day, or 8.4% of the overall projected demand of 2.269 mgd. The Town has approved $1,0001,000 for water conservation in its capital improvement plan (to cm� 2- T* 0315-327G4 ML0659 Section 2 Water Supply and Water Use be allocated over a four-year period). Town Meeting has appropriated $500,000 for the conservation program to date. After careful evaluation, the Ad-Hoc Committee recommended that the Town continue to use its Ipswich River wellfield, but also apply to join the MWRA waterworks system, investigate test bedrock wells, and pursue an aggressive water conservation program to reduce the water withdrawals from the Ipswich River Watershed. The Committee examined alternatives such as building reservoirs and wastewater recharge to enhance the Town's water supply, but found these to be impractical from a siting, permitting, and cost standpoint, A copy of the Ad-Hoc Committee recommendations is included in Appendix C. 0315-32794 ML0659 2-13 Section 3 Wastewater and Storm Water This section assesses the Towns wastewater and storm water systems. The section begins with a description of the Town's current disposal methods, and is followed by P: summary of the Town's wastewater management plan. The section concludes with an assessment of the feasibility of implementing a wastewater reuse program for the Town. 5.1 Existing Disposal. Methods 3.1.1 Wastewater The Town of Reading's wastewater collection system, separate from the drainage system, serves approximately 90% of the po"Pulation of 23,708 (2000 U.S. Census). The system consists of approximately 90 miles of sewer mains. Wastewater from Reading is conveyed to the MVVRA Deer Island Wastewater Treatment facility via (1) the MV\TRA Hayes Pumping Station and Reading Extension Sewer, and (2) the Woburn Extension Sewer. Treated wastewater is discharged from Deer Island to Massachusetts Bay via a 9.5-mile outfall tunnel. The Towris collection system is divided into two gravity . systems by the East/ West Sewage Divide (formed by a natural topographic high). The flow from the west side of the boundary drains into the 24-inch sewer located on Arnold Avenue that discharges to the Woburn Extension Sewer. The flow is then conveyed to the Woburn Pumping Station. Wastewater from the east side of Reading is conveyed to the Hayes Pumping Station via an 18-inch diameter sewer located on Summer Avenue and pumped to the Reading Extension Sewer. Both pumping stations and extension sewers are owned, operated, and maintained by MVVRA. A very small section of Reading (near Border Road and the lower end of West Street) drains directly into the Woburn collection system. Approximately 350 o*n-site wastewater disposal system's are located throughout Reading, with the highest concentration found north of Lowell and Salem Streets (generally within the Ipswich River Watershed). An assessment of these on-site systems (64% of the systems were individually inspected) indicated that problems were limited to a handful of homes throughout the Town. There does not appear to be any particular neighborhood in the Town with consistently higher incidences of on- site -disposal problems. 3.1.2 Stormwater Reading's storm drain and wastewater disposal systems are completely separate. A comprehensive study. of Reading's storm water drainage system, was last conducted in 1976. This study found that Reading does not have significant flooding problems, partially because the Town lies at the headwaters of its drainage basins and does not receive significant storm water inflow from neighboring communities. The extensive CDM 3-1 0315-32794 ML0560 0316-32794 ML0660 Section 3 Wastewater and Storm Water wetlands present within the Town at the time of the study also provided adequate storage for storm water flows and a source of recharge to the wetlands. The drainage study recommended a three-phase implementation plan to upgrade the storm water system. Recommendations include culvert improvements and repairs to critical areas with existing problems; low-priority repairs to be done in conjunction with road reconstruction or new development; and additional lines and structures to complete the drainage system, Today, as in 1976, the Town does not have significant flooding problems, and there are no known water quality problems related to storm water. . I As part of the EPA Stormwater PhaseXt regulations, Reading is developing a GIS I (Geographical Information System) and is addressing'illicit connections to the storm water system. The GIS will provide a complete computerized map of the Town's Water distribution system, sanitary sewers, and stormwater sewers that can be used for planning, repairs, and other purposes. 3.2 Wastewater Management Plan The Town's Draft Wastewater Collection System Facilities Planning Report was developed in October 1996. The draft report was submitted to DEP, but final comments were not received. Therefore, the report remains in "draft" form, although the Town uses the report as if it were a final document. This Master Plan sets forth a recommended schedule of improvements to assure that the Towns wastewater facilities have the required capacity to handle existing and future sewerage collection and conveyance system demands. Major recommendations from this report include: w Replace piping necessary to provide adequate hydraulic capacity to all deficient piping segments in the system. Deficient pipes*rere identified through hydraulic modeling of the Towns wastewater collection system. Only pipes predicted to be flowing in excess of 100% capacity during wet weather were recommended for improvement. Pipe replacement, rather than construction of a relief sewer, is recommended. m Sewering of the Towns on-site disposal systems is not recommended. A survey of on-site systems did not show significant problems. a Rehabilitate the Walkers Brook Drive (John Street) interceptor to reduce infiltration and inflow to the wastewater collection system. This work was completed in 2001. m Continue an annual cleaning and television inspection program in Town to locate and remove extraneous flow from the sewer system. 3-2 Section 3 Wastewater and Stonn Water Continue to investigate private inflow sources through a house-to-house survey to reduce private inflow to the sewer system. According to CY2001 MWRA flowdata, Reading's average wastewater flow is 36.8% infiltration and 7.4% inflow. The average values for MWRA's 43 member communities are 41.5 % infiltration and 12.5 % inflow, indicating that Reading's wastewater composition is better than average when compared to other communities. In addition to the GIS work described above, in February 2002 the Town executed a contract with CDM to provide infiltration and inflow (1/ 1), related professional services. A house -to -house inspection program was performed this May and June in a pilot area of Reading. The pilot area consists of approximately 1,200 homes and is located roughly north of Lowell Street and4est of Route 28, specifically sewer sub- areas 4-34 and 4-35 (as identified in historical Reading I/I studies) where inflow problems have been more prevalent. The program purpose was to identify private inflow sources, including sump pumps and roof leaders connected to the sewer system. A public information meeting was conducted as part of this program to educate homeowners on the importance of participating in this voluntary inspection project and on the overall benefits of removing I/I from the sewer system. The preliminary results of the pilot house-to-house inspection-program indicate that approximately 26 homes in the pilot area have illicit sump pump connections. The Town is beginning the process of evaluating inspection results and working with homeowners to redirect illicitly connected sump pumps to the appropriate storm drain system. Television inspection analyses are being performed on internal sewer system videotapes to determine the location of infiltration sources such as cracked pipes, off- set joints, or protruding service connections. This analysis will be the basis for future sewer pipeline remediation projects to reduce infiltration. A fee-based "Developer Program" was prepared and adopted by the Towti to use in balancing the addition of sewage flows created by future development with the removal of I/I from the existing sewer system. 3.3 DEP Wastewater Reuse Policy The Massachusetts DEP has issued interim guidelines for reclaimed water (1/3/00), defined as "'highly treated sanitary wastewater potentially available for land uses other than directly potable." Although not widely used in New England, use of reclaimed water can be a viable approach to minimizing the impact on stressed water resources areas. The most common applications of reclaimed water in the United States are spray irrigation on golf courses, landscaping, and artificially recharging 1 Inflow and infiltration is water that seeps into sewer pipes from groundwater or stormwater runoff. Communities generally strive to minimize 1/1 flows to sewer pipes to maintain adequate capacity in the collection system and reduce the volume 'of wastewater that must be treated at a treatment facility. CDM 4-3 0315-3279A MLOG60 0316-32794 ML0660 Sedion 3 Wastewater and Stoan Water aquifers. In Reading, the most likely application of reclaimed water would be for irrigation or groundwater recharge in the Ipswich River Watershed. Using reclaimed water is not immediately feasible because all of Reading's wastewater is treated at MWRA's Deer Island Plant. To use reclaimed water, Reading would need to build an advanced treatment facility within the Town. If the wastewater were to be used for groundwater recharge, then approximately 10 acres of infiltration beds would be required for every 1 mgd of wastewater (approximately 20 to 40 acres would be needed to infiltrate 50% to 100% of Reading's 4 mgd total wastewater flow). This infrastructure would cost $15 to $30'million (based on costs of reclaimed water projects in Kingston and Plymouth) and would require development of a large parcel of land. For these cost.and siting reasons, the Ad-Hoc Committee determined that it would be infeasiblSto pursu&use of reclaimed water in Reading. ..> 'l Aye 4 3-4 I : Section 4 This section describes the natural resources that could potentially be impacted by the Town's water and wastewater system. The first section discusses strean-fflow conditions in the Aberjona /Mystic, Ipswich, and Saugus Rivers; all three of these rivers have headwaters in Reading. The second section discusses natural resources within the Town, including conservation areas, streams and ponds, wetlands, and other sensitive habitats. 4.1 Streamflow Conditions 4.1.1 Ipswich River f Two USGS strearnflow gages have operatedin the Ipswich River since the 1930s (see Figure 4-1). The South Middleton gage (station no. 01101500) has been in operation since 1938. This gage is located a few hundred feet below the South Middleton Dam and has a contributing drainage area of 44.5 square miles (constituting the upper watershed). Mean annual strean-Lflow at this gage for the period of record is 63.7 cfs. The Ipswich gage (station no. 01102000) has been in operation since 1930. This gage is located a few hundred feet below the Willowdale Dam and has a contributing drainage area of 125 square miles. Asmall area (approximately 0.6 square miles) drains directly to a supply reservoir that exports water from the basin. The mean annual strearnflow at the Ipswich gage for the period of record is 189 cfs. ' The drainage between the Ipswich gage and the Sylvania Dam (25 square miles) is ungaged. The river below the Sylvania Dam is tidal. The Ipswich River experiences significant periods of flow below natural conditions. Flow in the river periodically drops below its natural seven day/ten year low flow of 5.8 cfs at the South Middleton gage, and in extreme dry years some portions of the river have dried up completely. A study completed by the USGS in fall 2000 indicates that cumulative groundwater withdrawals in the Ipswich River Basin contributes to low flows in the Ipswich River. In addition to Reading, three other municipalities — Wilmington, North Reading, and the Lynnfield Center Water District — withdraw water from the Ipswich River upstream of the South Middleton gage. Reading represents 41% of the population upstream of the gage, 35% of the demand, and roughly 75% of the water exported from the watershed. 4.1.2 AberjonalMystic River The USGS has maintained a flow gaging station on the Aberjona River in Winchester since 1939 (see Figure 4-1). The gage is approximately one-half mile upstream of the Upper Mystic Lake. The Mystic River, downstream of the Mystic Lakes, is ungaged. cm 4-1 0315-UT94 ML0661 Section 4 Natural Resources 4.2 Natural Resources in Reading 4.2.1 Conservation Areas The Town of Reading owns more than 900 acres of protected conservation lands, including most of the wetland areas within the Town. Each conservation area is described below and is shown in Figure 4�-2.1 Town Forest The Town Forest, located in the * northwest comer of Reading, was created in April 1930 when more than 100,000 red and white pine, spruce, balsam, and scotch pine trees were planted by local Boy Scouts and other interested citizens. The Town Forest encompasses 290 acres of mature forests, wetlands, and vernal pools. The Ipswich River forms the northern boundary of the Town Forest. Eight of the Town's water supply wells are located within this conservation area. The Town Forest has an extensive trail system, many of which are fairly flat roads. Most of these trails are suitable for walking or bicycling, and a cross-country skiing trail has also been established. A few camping sites are available by permit use only (through the Town Forest Committee). Linnaea Thellin Bird Sanctuary The Linnaea Thellin Bird Sanctuary is a 12-acre site located in the western part of Reading (between the railroad tracks, Hancock Street, and Summer Avenue). A poorly maintained path is present within the sanctuary, and the area off of the path is mostly wetlands. Bear Meadow Bear Meadow is an 84-acre site located in northeast Reading. The majority of Bear Meadow was acquired by the town in 1972 and 1973 through a combination of donations and purchases. In 1993, 30 additional acres were added to this area from a land swap agreement. Bear Meadow consists of a large pasture, apple orchard, and wooded areas. Many of the stone walls remain from earlier farming uses of this land. The Bear Meadow Brook flows through the conservation area and is tributary to the Ipswich. Bear Meadow has an extensive trail system that is used for hiking and cross-country skiing. The land is also used for birdwatching and nature walks. Maillet Morgan Conservation Area Maillet Morgan is a 5.8-acre area of conservation land, located to the northeast of the railroad tracks between Willow Street and Vine Street. The perimeter of the property is 1 The conservation area descriptions are taken from www.ci.reading.ma.us/conservation/clindx.htm, a website developed by Steven Biller as his Eagle Scout project for Reading's Boy Scout Troop 702. cm it Section 4 Natural Resources The Town of Winchester has experienced increased flooding in recent years from the Aberjona River. Winchester has developed core business and residential communities along the banks of the Aberjona, within the floodplain. Flooding of the riverbanks is a natural process, exacerbated by continued development in the river (bridges, dams, Ij etc.) and around the river (roads, subdivisions, etc.). Over the past 20 to 30 years, significant development — especially in areas in the northern portion of the watershed — has increased stormwater contributions to the Aberjona. Runoff controls were not widely used during this period of growth, thus exacerbating the natural flooding process. The MDC can control the water level of the Mystic River at the Amelia Earhart Dam. When a significant storm is forecast, MDC will often lower the river in anticipation of the large runoff volume contributed to the river from the highly urbanized I watershed. Despite this precaution, some areas of the Mystic River Watershed still experience flooding during large storms. Several parks adjacent to the river flood in Medford, and the North Cambridge area on the Alewife Brook (tributary to the Mystic) experiences frequent flooding. Only 3% of the Aberjona/Mystic River Watershed is in Reading. The Town does not have any water withdrawals from this watershed, ' and Reading is not thought to contribute significantly to the flooding problems downstream. cm� 0315-32794 ML0661 4.1.3 Saugus River The USGS maintains a streaniflow gage for the Saugus River near the Saugus Ironworks National Historic Site (see Figure 4-1). The drainage area at this location is 23.3 square miles, or approximately 50% of the entire watershed. The gage has operated from March 1994 to the present. Average discharge (1994-1999) is 31.2 cfs. Lynn Water and Sanitary Sewer District is in the process of installing a flow gage at the Saugus River Dam. No data is yet available from this gage. As noted in Section 1, the Mill River, Reedy Meadows, and Town Line Brook areas of the Saugus River experience localized flooding. Reading is not thought to contribute significantly to these flooding problems. 4-3 Section 4 T Natural Resources dry forest, and the interior is mostly wetland. A paved path exists within the property but is somewhat overgrown. Kurchian Woods Kurchian Woods is a 44-acre site located between Franklin Street and Main Street in north-central Reading. This conservation area consists of both wetlands and forest, and includes several trails suitable for hiking. An open field within the forest i s a right-of-way for the Tenneco gas line. The Sledge Woods conservation area can be accessed from Kurchian Woods via a trail by the western end of the gas line. Pinevale Avenue Pinevale is a 17-acre property, located in south-central Reading off Pinevale Avenue. The Pinevale area consists of an oak and pine forest, two streams, and some wetland areas. This property has a fairly extensive trail system for hiking. Lob's Pound Mill Lob's Pound Mill is a historical site located in northwest Reading, adjacent to the Town Forest. The remains of an old mill exist on this property. A waterfall, short hiking trails, and picnic area are also present. The Ipswich River flows into Lob's Pond, so this site is accessible by canoe. 7 1 A. J. Schneider Woods A.J. Schneider Woods is a 3-acre site located off of Haverhill Street, near the North Cedar Swamp. The land was acquired in 1969 and is one of the smaller conservation lands in Reading. Must of this site is wetland. Higgins Conservation Area The Higgins property is located off of Birch Meadow Drive, and stretches from the Rice Moody Girl Scout Camp to a stream at its opposite end. Part of the property 'is j. covered by large vernal pools. The remainder is comprised of a pine-oak forest. Xavier Conservation Area The Xavier property is located in western Reading, near the Linnaea Thelin Bird Sanctuary and DiCenzo Conservation Areas. The public entrance is relatively close to the Wilmington border. A short trail meanders through the property along a small stream. The entire area is wet, and contains a variety of ferns and wetland plants. Further into the property is a marshy area of tall hummocks, which gives way to another swamp area and a river which can be followed back to the area's boundary at Route 93. Xavier is bordered to the south by a larger piece of forest land belonging to J the Reading Open Land Trust. Sledge Woods Sledge Woods Conservation Area is a recently acquired 9.6 acre piece of land located in north-central Reading. The property includes a brook running through the middle of i. Cm 0315-32794 ML0661 Section 4 Natural Resources the site and a vernal pool that lies along the south border. A large part of Sledge Woods is relatively undisturbed wetland habitat. Cedar Swamps The North and South Cedar Swamps are located on the eastern side of Haverhill Street, and would be one complete property if not for the Nike site (Burbank Arena) that separates them. The Northern Swamp is the larger of the two (having an area of 420 acres vs. 121 acres in the Southern. Swamp). There are no trails within the property. The swamps have an important hydrological function, ' providing important groundwater recharge and runoff to Bear Meadow Brook, an ortant tributary to 'I the Ipswich. Conserva. Conservation Area Located between Grey Coach Lane and Dana'Road, this 10-acre site has no direct access and no trails. The property includes an upland region of white pines, and a wetland area full of sphagnum moss and highbrush blueberry. DiCenzo Conservation Area One of three conservation areas located off Willow Street, the 6 acre. DiCenzo property is a small site located next to the Austin Preparatory school. It consists mostly of dense vegetation with no trails. Features include an overgrown grassy field near the roadside and a small stream within the forest. Querolo, Conservation Area The 3.7 acre Querolo site, located in the area where Haverhill. Street meets Franklin Street, is a w I etland.'There are no trails, and the area is wet year round. Although not used for recreation, the Querolo site provides habitat and flood storage for the Town. Sheehan Conservation Area The Sheehan conservation area, located off West Street, is a fairly inaccessible wetland. The entire property and includes a small stream. The stream travels through the property and enter a clearing near the back of the Austin Preparatory School. There are no trails in the Sheehan property. Timberneck Swamp The 103 acre Timberneck Swamp encompasses most of the area between Charles, Haverhill, Timberneck, and Salem streets. The property has no trails. The wetland region consists mainly of red maples, although other species do grow on the small areas of dry upland. The Timberneck Swamp contains one of the headwater streams of the Saugus river. MacKenzie-Moore Property This recently acquired piece of land is located off Van Norden road, but contains no public access. cm 4-7 03ISM794 Section 4 Natural Resources Feineman Woods Feineman Woods is owned by the Reading Open Land Trust. It is located west of Main Street between Franklin and Forest Streets. This property abuts Kurchian r Woods and has some frontage along Main Street. A pond on the property was previously used for ice harvesting during winter. Marion Woods Marion Woods is the Town's newest conservation area, acquired in,December 1999. It is the last undeveloped parcel along the Ipswich River in Reading, located west of Main Street and abutting Lobs Pound Mill. This conservation area has frontage along Mill Street. This property is approximately 8 acres and was purchased for $486,000. 4.2.2 Natural Resource Areas As described above, Reading has protected many of its natural resource areas as conservation land. This section describes other natural resources present within the Town (shown in Figure 4-3). 4.2.2.1 Vernal Pools Vernal pools are small, shallow ponds characterized by lack of fish and by periods of dryness. Vernal pool habitat is extremely important to a variety of wildlife species including some amphibians that breed exclusively in vernal pools, and other organisms such as fairy shrimp that spend their entire life cycles confined to vernal pool habitat.- Many additional wildlife species utilize vernal pools for breeding, feeding and other important functions. Figure 4-3 shows the 65 vernal pools in Reading that have been certified as of June 30, 1999 by the Natural Heritage & Endangered Species Program (NHESP) according to the Guidelines for Certification of Vernal Pool Habitat (5/88, MA Division of Fisheries & Wildlife). Most of these are found within Town Conservation Land. 4.2.2.2 Wetlands Figure 4-3 shows wetlands in the Town of Reading, as interpreted from aerial photographs by staff at UMASS Amherst and field checked by the DEP Wetlands Conservancy Program (WCP). Most of the Town's wetlands are protected as conservation land. Table 4-1 lists the area of each wetland type present in each of the three watersheds in Reading. For example, Reading has 7 acres of open water. Of these, 5 acres are within the Ipswich River Watershed, 1 acre is in the Aber ona/Mystic Watershed, and 1 acre is in the Saugus River Watershed. The most predominant wetland type is deciduous swamp. Wetlands comprise 25% of the Town's entire area (1,625 acres of wetlands in 6,382 total acres). However, the wetlands are not evenly distributed among the three cm 4-8 0315-32794 MLOW1 i. COM 0315-32794 ML0661 Section 4 Natural Resources watersheds. 75% of Reading's wetlands are within the Ipswich River Watershed; 8% are within the Aberjona/Mystic River Watershed, and 17% of wetlands are within the Saugus River Watershed. Table 4-1 Wetland Type and Distribution in Reading atershdd' s Wetland. 7�f -b�f iOcros.:in .1 . psw Abe jo 16h li Deep Marsh 5 0 0 5 Open Water 5 1 1 7 Shallow Marsh Meadow or 96 19 25 139 Fen Shrub Swamp 59 12 7 79 Coniferous Swamp 1 0 Deciduous Swamp 975 90 248 1313 Mixed Trees Swamp 81 0 0 81 Total Wetland Area (in 1222 122 281 1625 Reading) Total Land Area (in 3057 1596 1729 6382 Reading) Percent of Total Wetland 75% 8% 17% 100% Area Percent of Reading that is 40% 8% 16% 25% wetland 6315-W794 Wmi Section 4 Natural Resources 4.2.2.3 Rare Habitats Figure 4-3 shows rare plant and animal habitats that have been designated by NHESP. The "wetland habitat" designation shows estimated habitats of state- protected rare wildlife (not including plants) occurring in wetlands areas. The coverage shows estimated habitat for all documented occurrences of rare wetlands wildlife within the last 25 years. The "estimated habitat" designation represents areas of known state-protected rare plant and animal species occurrences. This coverage shows designated habitat for rare species locations documented within the last 25 years. 4-11 vt Section 5 Regional Plans This section describes existing regional plans that impact water resource management in the Town of Reading. The only known regional plans, both of which are currently being developed, are the Planning for Growth Project and the Ipswich River Management Plan. These plans are discussed below. Three USGS studies conducted on the Ipswich River are also described in this section. No watershed-wide plans exist for the Saugus River Watershed or the Aberjona/ Mystic River Watershed. However, the EOEA Basin Team has allocated money in FY2002 for a detailed assessment and action plan for the Aberjona/Mystic River Watershed. 5.1 Planning for Growth Project The Planning for Growth Project (PIG) is a cooperative effort of the four towns that comprise the Upper Ipswich River Watershed: Burlington, Wilmington, Reading, and North Reading. The goal of this project is to develop planning recommendations designed to manage growth, reduce the impacts of public water supply, protect open spaces, and enhance the value of the Ipswich River as an aesthetic, recreational, and wildlife resource. The project is supported by a grant from the Executive Office of Environmental Affairs. The Draft Final Report of the Planning for Growth in the Upper Ipswich River Watershed Project was issued December 2001. This report includes: ® a description of existing hydrology and land use controls, ® a growth analysis, w development of subregional growth plans, w environmental and fiscal impacts of growth, ® identification of alternative technologies for water resource management, and ® recommended local bylaws for growth planning. Recommendations from the PFG program are grouped into the categories of water supply, stormwater management, wastewater management, open space, and growth management and interm-urticipal cooperation. These recommendations are included in Appendix D. 5.2 Ipswich River Management Plan The Ipswich River Watershed Association, a non-profit organization dedicated to protecting the Ipswich River and its watershed, has contracted with Horsley & CDM 0315-32794 ML0652 NMI 0315-32794 ML0662 Section 5 Regional Plans Witten, Inc. to develop a watershed management plan for the Ipswich River. Funding for this project is provided through the Massachusetts Executive Office of Environmental Affairs Watershed Initiative Program. The Plan is currently in draft form, and chapters one, two, three, four, and six can be accessed on the internet at http://www.horsleywitten.com/ipswich.htmi. At this time, the Plan is not complete enough for assessment by the Town of Reading. 5.3 United States Geological Survey (USGS) Studies The USGS has conducted several studies about the Ipswich River Watershed in the past few years. In the late 1990s, USGS developed a precipitation-runoff model to assess the effects of water withdrawals on streamflow in the Ipswich River (USGS, 2000). This study found that surface-water withdrawals have little or no effect on low flows, but the groundwater withdrawals have a large effect on low flows. USGS also assessed streamflow requirements for habitat protection in the Ipswich River (USGS, 2001). The study applied several methodologies to up to six study sites on . the river, and determined that a minimum streamflow of approximately 0.42 - cfs/n-d2 is necessary for habitat protection in the Ipswich River. nie study also found that the current fish population is dominated by warm-water fish that are tolerant of low flows and impoundments; USGS believes the Ipswich could- support more fluvial- dependent and fluvial-specialist species under an increased flow regime. A third study, investigating the effects of water management alternatives on streamflow in the Ipswich River, was issued in March 2002. This study used the HSPF model developed by USGS in 2000 to simulate eleven hypothetical water management options, including changing withdrawal rates, returning wastewater to the basin, stopping septic-effluent inflow, and combinations of these options. All management options provided some degree of low-flow restoration, except for simulations of no septic-effluent inflow (i.e. sewering existing septic systems) and increased withdrawals. Wastewater - return flows increased low flows in proportion to the rate of return flow. :i T' 1 - t `l r it t :C I GDM 0315 -32704 ML0663 Secti ®n 6 Future .Plans This section addresses potential future growth in Reading. The first subsection describes existing controls used by the Town to direct future growth, as well as a build -out analysis to assess how much new growth is likely to occur. The remainder of this section discusses anticipated water and wastewater needs for the Town, as well as the infrastructure changes needed to support future growth. 6.1 Existing Zoning, Master Plan, and Build -out Analysis 6.1.1 Zoning The Town's land area is divided into nine types of underlying zoning districts: three single - family residential, two multi- family residential, three.business, and one industrial (see Table 6-1). Nearly 95% of the Town is zoned for residential use. Table 6 -1 Zoning Districts Source: Town of Reading Master Plan, 1991. Reading has defined six overlay zoning districts: Aquifer Protection, Wetlands, Floodplain, Planned Unit Development, Planned Residential Development, and Municipal Building Re -use. The overlay districts will help the Town protect its water supply aquifer and its wetlands, and will help identify existing or proposed growth • 6- Acreage P arse% Land Use Percent of ! Percent of .. :'i'.. ... .. Acres ! ... :.. To #af ... !I! : Number T o Industrial 206 3.2 27 0.3 Business A 47 0.7 79 1.0 ^ Business B 55 0.9 88 1.1 Business C 31 0.5 3 0.0 Residential A-40 29 0.5 60 0.9 Residential A -80 12 0.2 2 0.0 -Residential S -10, 6008 94.0 7691 96.7 S -20, S-40 TOTAL 6388 100.0 7950 100.0 Source: Town of Reading Master Plan, 1991. Reading has defined six overlay zoning districts: Aquifer Protection, Wetlands, Floodplain, Planned Unit Development, Planned Residential Development, and Municipal Building Re -use. The overlay districts will help the Town protect its water supply aquifer and its wetlands, and will help identify existing or proposed growth • 6- Section 6 Future Plans within the floodplain. The "planned development" zones will help the Town plan and control future growth. 6.1.2 Master Plan Reading's 1991 Mater Plan was developed from an intensive 4 -year public involvement process. Currently, an updated open space and recreation plan is being prepared. The fundamental goal of the Master Plan is the preservation and enhancement of the existing character and identity of the Town. Three additional important themes are (1) the desire to expand the tax base with more or higher valued commercial property, (2) the desire to alleviate traffic congestion, and (3) the desire to maintain good drinking water at reasonable prices. The Master Plan assesses existing conditions in Reading (physical characteristics, population, and economy) and describes goals, objectives, and action strategies for the future. These are divided into character and identity; economic development / tax base; housing and neighborhoods; open space, recreation, and natural resource protection; public infrastructure and transportation; and land use. The Master Plan summary and conclusions are included in Appendix E. 6.1.3 Build -out Analysis The Town of Reading (settled in 1639 and incorporated in 1644) is largely developed, with only modest opportunities for future development and growth. A build -out analysis was conducted as part of the Planning for Growth Project. Population projections are summarized in Table 6 -2. Reading's population is expected to increase by 853 people, or 3.6 %, from 2000 to 2020. Table 6 -2 Town of Reacting Population Projections Ji Parameter : 200D S'`Censusj 2U70 ' (Projecteaq 20201 (Prolectetl) Population 23,708 23,796 24,561 Number 8,602 8,880 9,533 households Population per 2.77 2.68 2.58 household Source: Draft Final Report of the Planning for Urowth in the upper 1ps7ozch lover vvarersneu Project. Uses MAPC Forecasts of Population and Households, and Build -Out 4�,q3 Analyses. CDM. 6 -2 031532794 ML0563 Section 6 Future Plans The Metropolitan Area Planning Council (MAPC) analyzed potential growth in Reading, based on vacant developable land and Town zoning districts. MAPC projects the Town could support 2,050 additional people; 771 additional dwelling units; 727 additional residential acres; and 35 additional commercial/ industrial acres by 2020. These projections do not consider land that might be set aside for open space and recreation, water resource protection, and municipal needs. If the MAPC population projections are accurate, then Reading will be very close to its residential build-out capacity by 2020. 6.2 Future Water and Wastewater Needs The Ad-hoc Water Supply Committee addressed future water needs for Reading. The Town's 2020 water demand forecast is 2.08 mgd, based upon a variety of factors including historical use, use type, and population trends. Reading's existing wellfield is expected to be able to meet this forecasted demand. Because Reading has a registered water withdrawal of 2.57 mgd, no further permitting will be required through the Water Management Act to meet future water needs. Although the Town could meet the future demand with its existing wellfield, Reading is evaluating other options to reduce environmental impacts on the Ipswich River. The Town is implementing a $1 million water conservation program, evaluating the possibility of developing deep bedrock wells, and applying for entrance to the MWRA Waterworks System to buy up to 219 million gallons of water per year for use during low-flow periods in the Ipswich River. Reading will continue to send wastewater to MWRA's Deer Island facility for treatment. 6.3 Water Infrastructure Plans 6.3.1 Water Treatment System The Louanis Water Treatment Plant (WTP) has provided reliable, good quality drinking water since it was rebuilt in 1981. The Town is beginning a feasibility study for upgrading the plant. The entire plant will be evaluated for potential upgrades. Specific issues to be addressed include how to (1) meet current and future THM regulations, (2) implement a SCADA *system, and (3) meet MWRA requirements for residual discharges. Meeting the Disinfection. Byproduct Regulations is of major concern for the Town. The existing WTP is expected to meet the first stage regulations, although there is a concern during high demand periods and its performance must be monitored closely. However, second stage regulations are not expected to be met with current facilities. This issue will be addressed during the feasibility study. Potential flooding of the High Service Pump Station will be reviewed for possible replacement of the facility. q CDM 6-3 0315.32794 ML0663 Section Future Plans 6.3.2 Distribution System water needs. The Town The Tovvn'odistr�nx�onmyatenu meets existing . n�vz�ui�taioatbe system, and major inspection, and �mz�tbmo--'v mya �� uuq � lining projects bndgetedbmtheCmpitulIooyrnveomeuts9toRrazn(meeAnpeodix F, page l4nfI6). lh the late I99Us one of Reading's water storage tanks was removed from service and dismantled. The Town initiated a hydraulic study nf the distribution system to assess -the adequacy of distribution system pressure and storage (Woodard & Curran, 1999). The study determined tbatnzemmaterotoroge facility would bere ' dto adequate fire fighting - avuU iu all areas of Reading, and recommended construction wfI. oozJkntezkatLofhronload.SinzetbiozeIortR audbzg has detero-dned that ao additional water tank would not be needed if Reading were to waterworks yeteou.Therefore, cozu�troc�onofane�,;vabertank had join been del` edontDmdecioiononReedi`p'sMWRAappUcotbonbmsbeanreaclued. An interconnection between the 7ownisdistribution system cndthe,M]»JRA transmission mains was constructed bul903' If Reading joins the M\mRAwaterworks system, it will be necessary to install a transmitter(s) and/or control valve(s) at this location. The Town will continue unnmaleakdetectionmurveyto identify leaks bothe distribution system. The surveys are conducted oo'the entire distribution Leaking pipes areiozonedDe+el/repoiredozreplucad. 6.4 Wastewater Infrastructure Plans An assessment of sewer needs in Reading does not indicate any particular sections of Town that are in overwhelming need of sewer extensions. In addition, recent revisions tothe Title 5ofthe Massachusetts Environmental Code have not resulted io demand for new sewer construction io areas of Reading not currently served by municipal sewers. To determine deficiencies bawastewater pipe a model nf the wastewater collection / tem was developed for both existing and full build-out conditions. For existing conditions in dry weather, only one pipe oz Walnut Street requires replacement. For existing conditions in peak wet weather, 51 pipes ebmnKd be replaced. For build-out conditions, 50 pipes ebouIdbereI/laced.IbelnuDcl-out scenario assumes that all homes with on-site disposal systems are connected to the sewer system and evaluates system performance during peak wet weather flows; this is the most conservative nfall growth/flooding scenarios. Itie recommended that the Town replace the identified pipes to help prevent flooding and sewerage backups. � 60 8 T CDM 0315-32794 ML0663 Section 6 Future Plans 6.5 Overall Summary The Town of Reading should be able to meet the projected 2020 water demand with its current groundwater supply and its Water Management Act registered withdrawal volume. However, Reading plans to buy up to 219 million gallons of water per year from the MWRA Waterworks system to help reduce low-flow and no-flow conditions in the Ipswich River. The Town is also investigating deep bedrock wells as an additional supply and will pursue an aggressive water conservation plan to reduce demand. Wastewater will be conveyed to MWRXs Deer Island facility. The water treatment and wastewater conveyance systems will only need minor upgrades to handle future flows. qd NG. 6-5 I�1 Section 7 Analysis and Conclusions 7.1 Conclusions The Town of Reading's Ad -Hoc Water Supply Committee developed a long -term water supply strategy that minimizes threats to the Town's existing supply, addresses future drinking water regulations, and helps reduce low -flow impacts to the Ipswich River. The study concluded that the Town's water supply objectives were best met by a program that included the following components: ■ Renovation of the existing water treatment plant; a Continued use of the Ipswich River as a water supply; ® Implementation of an aggressive conservation program with a goal of reducing water use by 190,000 gpd (with a $1 million budget over four years); ® Investigation of bedrock wells as a potential source of supply with less l vulnerability to contamination and less impact on the Ipswich River than the Town's existing wells; a Utilization of up to 219 million gallons of water per year from the MWRA 1 Waterworks system as a supplemental supply during low flow periods in the Ipswich River; and a Improvements to the I -93 drainage system to minimize the potential for contamination of the existing wellfield and Ipswich River. These actions provide a comprehensive plan to protect Reading's existing water. supply, maintain an adequate water supply for future needs, and help improve no- flow and low -flow conditions in the Ipswich River. 7.2 Action Plan The Reading Department of Public Works has developed a Capital Improvements Program (CIP) for FY 2003 through FY 2012 that includes many items for water resource management, as listed below. A copy of the CIP is included in Appendix F. ® GIS mapping of Reading's stormdrain system, in conjunction with Phase 11 Stormwater regulations ($100,000 in FY03) ® Illicit connection detection ($100,000 in FY05) 0 Installation of new, water - efficient irrigation systems in Glen Meadow, Sturges, and Killam Fields ($25,000 for each field during FY03, FY04, and FY05) -7 C M. 7 -1 0315.32794 ML0664 Section 7 Analysis and Conclusions ■ General drainage improvements ($30,000 per year from FY03 through FY12) ■ Saugus River Drainage design ($100,000 in FY03 and $75,000 in FY05) • Saugus River drainage improvements ($700,000 in FY04 and $550,000 in FY06) • Aberjona River drainage improvements ($210,000 in FY04 and $50,000 in FY05) w Water main replacements and lining, water meter replacements, water tank inspections and improvements, and other water distribution system maintenance ($17,051,900 total through FY12) ■ Inflow /infiltration studies and remediation ($200,000 each year for FY03, FY04, and FY05) cm 7-2 0316-MPA ML0664 11 U Section. 8 T List of Reports Id Listed below (by date) are water, sewer, stormwater, and other water resources related plans for the Town of Reading. Effects of Water - Management Alternatives on Streamflow in the Ipswich River Basin, Massachusetts. USGS Open -File Report 01 -483. Northborough, Massachusetts. 2002. V Assessment of Habitat, Fish Communities, and Streamflow Requirements for Habitat Protection, Ipswich River, Massachusetts, 1998 -99. USGS Water - Resources Investigations i Report 01 -4161. Northborough, MA. 2001. Draft - Final Report of the Planning for Growth in the Upper Ipswich River Watershed 1 Project. Prepared by the Town of Wilmington in conjunction with the EOEA Communities Connected By Water program. December 2001. Draft - Ipswich River Watershed Management Plan. Prepared by Horsley & Witten, Inc., for the Ipswich River Watershed Association. June 30, 2001. Town of Reading, Massachusetts, Admission to the Massachusetts Water Resources Authority Waterworks System: Environmental Notification Form. Prepared by Camp Dresser & McKee Inc., April 30, 2001. A Precipitation Runoff Model for Analysis of the Effects of Water Withdrawals on Streamflow, 1 Ipswich River Basin, Massachusetts. Water Resources Investigation Report 00 -4029, 1 USGS, 2000. y North Cambridge Flood Reconnaissance Study. Prepared for Alewife Neighbors Inc. by Jacobs Consulting Services. May 18, 2000. Recommendation of the Town of Reading Ad -Hoc Water Supply Committee. November 2, 1999. Aberjona River Flood Study - Final Report. Prepared for the Town of Winchester, Massachusetts by Camp Dresser and McKee. July 1999. Town of Reading, Massachusetts, Water Quality Investigation. Prepared by Weston and Sampson Engineers Inc. October 1997. Town of Reading, Massachusetts, Zoning By -Laws (Amended). Revised August 1997. �1 Draft Wastewater Collection System Facilities Planning Report. Prepared by Camp Dresser & McKee Inc. October 1996. Flow Isolation and Television Inspection Letter Report. Prepared by Camp Dresser & McKee Inc. January 1994. qq CDM 8 -1 0315.32794 ML0665 I 0315-32794 ML0665 Section 8 List of Reports North Suburban Water Supply Protection Plan, Volume I. Text and Volume II: Appendices., Metropolitan Area Planning Council, August 1992. Saugus River Flood Control Improvements, Report to the Saugus River Watershed Committee. Prepared by Camp Dresser and McKee, March, 1992. Town of Reading Master Plan. Town of Reading, Community Planning and Development Commission. October 7,1991. Phase IIA/1/7 Report. Prepared by Camp Dresser & McKee Inc. February 1991. Town of Reading, Massachusetts, Report on Improvements to Louanis Water Treatment Plant. Prepared by Weston and Sampson Engineers Inc., October 1989. Reading, Massachusetts Infiltration/Inflow Investigation Phase I Final Report. Prepared by Camp Dresser & McKee Inc. February 1988. Draft Report on Improvements to the Water Treatment Plant, Town of Reading, Massachusetts. Prepared by Camp Dresser and McKee Inc. 1980. Master Drainage Study, Town of Reading, Massachusetts. Prepared by Whitman and Howard, Inc. December 1976. M 4d) This week you were given a copy of the Local Water Resource Management Plan. This needs to be formally approved by the Board of Selectmen prior to MWRA action on our request to buy supplemental water. MWRA action is scheduled for the end of October, so time is of the essence on this matter. 4e) Attached is the updated review of goals. The purpose of discussion is to review our progress on meeting the specific goals and objectives that were established. At a later date, but before the end of this calendar year, the Board should do a broader review to see if these goals are still valid, and/or whether we want to establish new goals. Additionally, I'd like to work to finalize the mission statement. It strikes me that the wording of it is somewhat clumsy and I would like to finalize that so that we can utilize it more broadly within the organization. 4f) Review Town Meeting Warrant — I'd like to establish with the Board an action plan of any particular Articles that need more work prior to Town Meeting. I believe that these Articles would be: Article 7 — Establishing a Storm Water Management Enterprise Fund; Article 12 - Sale of Land Oakland Road; Article 19 - Mixed Use Bylaw; Article 20 - Rezoning Property Bounded by Sanborn, Woburn, Linden and Haven Streets; and Article 21 changing to a five member Zoning Board of Appeals. PIH/ps GOALS STATEMENT In its effort to continuously improve the quality of life and civic involvement in the community, the Board of Selectmen adopts the following goals: 1. Enhance and maintain the financial strength of the community in order to have the resources to accomplish its priority services. 2. Develop and maintain infrastructure in a manner that reflects the significant community investment and financial support for its construction and development. 3. Maintain and further enhance open communications and relationships within Town government and between Town government and its residents. 4. Support Public Health and Safety as priority local services, with assistance from Federal, State, and regional resources. S. Continuously evaluate and improve the services the Town provides, and how the services are delivered. 6. Utilize strategic planning on all levels, to provide a framework for decision making. Page 4 of 15 updated 09/30/05 GOAL 1: Enhance and maintain the financial strength of the community in order to have the resources to accomplish priority services. Objective 1 -1: Apply for an improved bond rating by Moody's Investor Services 1 . Complete the Audit and Financial Statements in a timely manner so that the Moody's review can be completed in time of the next Town bond sale. (Foley) Done 2. Prepare a presentation to Moody's report that will address their concerns about the Town's financial status, reviewing each item and how the Town has addressed it. (Kiepeis, Foley) Done 3. Schedule a meeting with Moodys to try to get the rating upgrade issues addressed. (Klepeis) Done — Moodys wrote a very glowing report but did not upgrade the Town. Objective 1-2: Expand the Commercial Property Tax Base 1 Complete the development of the Crossing at Walkers Brook by the end of CY 2005. Make sure that all issues included in the Purchase and Sales agreement and permits are addressed (Pete Hechenbleikner, Chris Reilly, Fran Fink, Joe Delaney, and Town Counsel) Done 2. Complete final approvals and get Archstone, Maplewood Village, and Johnson Farms under construction. All completed and under construction 3. Work with the developer of 10 Haven Street to bring that project to a conclusion. Project is basically done. 4. Work with Walgreen's to get that redevelopment project approved and into construction. Approved and under construction 5. Work with the property owner and proposed developer of the Addison Wesley site to ensure the re-zoning, approval, and redevelopment of that site for uses that maximize the benefit to the Town. Proposal is before the Town via CPDC. Traffic study is submitted and being peer reviewed 6. Work with the "Hospital development committee" to determine that any development of a medical establishment is consistent with the Town's community development goals. Their work is going well. There may or may not be a "bricks and mortar" solution. 7. Implement the Downtown Improvement Plan. Plan is 75% approved by MHD — 100% design submitted by the end of next week. Funding in place for FY 2006. x.23' Page 5 of 15 updated 09/30/05 Objective 1-3: Apply for and secure outside funding and grants I one -time consistent with the community's goals, focused primarily on one-time rand capital expenses . a m 1., Identify grant funding for at least one project d to capital projects, and make application for the grant. Funding for Summer Avenue is in place. Have not yet identified other projects. We are getting major developer funding for IVIWRA buy-in, Sewer 1/1, and road improvements. The State budget has $15,000 for technology for the town. 2. Evaluate the use of a grant person to assist the Town in securing additional grants for programs or projects consistent with Town goals and the Capital Improvement Program. Not yet done 3. Develop a process by which all benefits and costs of grants are evaluated. Policy is in place 4. Develop a process by which all-interdepartmental resources to implement projects are clearly identified, understood, and evaluated. Policy is in place. Objective 1 As appropriate, utilize the political process to enhance Federal/State/Local revenues and funding to support local government services. 1. Identify as quickly as possible the FY 2006 financial needs, and work with the legislative delegation to try to address any shortfalls through increased aid or grants. We have identified to our State Rep's areas of capital needs — fire alarm system at Parker and technology. The technology item is funded 2. Attempt to secure a priority position for the Town on the SRF program for ' low interest funding for the Water Treatment Plant The project was funded to receive a 2% 20 year loan. Since we were not able to meet the timeframe for the project construction, we had to defer the loan. 3. Work with the legislative delegation and the META and others to try to secure assistance with relocation of the portion of Ash Street at the railroad, to try to eliminate the grade crossing. IVIBTA is cooperative. Some private funding is in place. The temporary end of the "quiet zone" keeps further pressure on accomplishing this. The property in question has been sold, and we will work with the new owners. 4. Determine whether there are any state or federal programs available to assist the Town with major drainage projects like the Saugus basin improvements Not yet done. 5. Determine whether assistance is available/appropriate to develop the connection from Walkers Brook Drive to Main Street bypassing the Washington Street neighborhood. See 3 above — this will be a long process. Page 6 of 15 updated 09/30/05 qR4 Objective 1-5: Fill key finance positions becoming vacant through retirements. 1. Determine, with the Board of Selectmen, what of the available options for filling the Finance Director /Treasurer /Collector's position should be considered, and budget accordingly for that model. Done. 2. Fill the Finance Director's position providing overlap of approximately 1 monthi between the current Finance Director and Treasurer/Collector. Done. 3. Develop a Town Accountant screening process, have it approved by the Board of Selectmen, and fill positions on any committee created. Done. 4. Provide for approximately 3 weeks of overlap between the current Town Accountant and his replacement to provide as smooth a transition as possible. Not able to accomplish. qz,5% Page 7 of 15 updated 09/30/05 GOAL 2: Develop and maintain infrastructure in a manner that reflects the community investment and financial support for its construction and development. Obiective 2-1: Review all aspects of the Department of Public Works operations, and develop a strategy for ensuring that the Department has the resources to address infrastructure maintenance. 1. Develop a scope of services to evaluate the entire operation of the DPW. not done 2. Identify consultants and scope the cost of conducting such a study. not done 3. Identify funding for the study including potential grants, use of utility enterprises, left over budgets, etc for such a study. not done 4. If funding is available to proceed with the study, develop an RFP, and secure the services of a consultant to start work before the end of the fiscal year. not done Obiective 2-2: Review the Capital Improvement Program and operating budgets with a focus on maintaining and improving the current infrastructure. 1. The CIP has been enhanced in recent years by the development of a water distribution master plan, a GIS master plan, a water supply master plan, a Road Improvement program, a storm water management plan, and a telecommunications master plan. These plans should be implemented through the CIP. The Department requests are adequate to accomplish this. The resources are not, so we continue to be creative and develop other (sometimes- private) sources. 2. Develop and propose a program for funding the storm water management master plan A warrant article is on the Subsequent Town Meeting to establish . an enterprise system for Storm Water. 3. Improve the rate of expenditure of capital projects, particularly in the area of water and sewer utilities. Major progress is being made. 2 water distribution projects are completed - Franklin Street and 2 phases of West Street. Extensive 1/1 work is ongoing. 4. Review and update the infrastructure master plans periodically to ensure that they continue to meet the Town's priorities. Contracts are awarded for the water and sewer GIS, which is a requirement in order to maintain and update those plans. Page 8 of 15 updated 09/30/05 Objective 2-3: Provide a program to meet the capital needs related to improved maintenance and operation of all Town/School buildings on a programmed and planned basis. 1. Develop a building maintenance master plan for all Town buildings The Facilities department has done a very good job in developing a 5-year plan. It needs to be expanded to 10 years consistent with the rest of the CIP., We Will work this year on more funding for facilities capital needs. M Page 9 of 15 updated 09/30/05 GOAL 3: Maintain and further enhance open communications and relationships within Town government and between Town government and its residents. Obiective 3-1: Improve the internal communications within Town Government, and between the Town, School, and the RIVILD, both on a staff and on a Board basis. I 1* rEstabItirh and foster Board to Board communications, perhaps through retreats or Establish tother r ther mechanisms. Having "Highlights" once a month on the Board of Selectmen I c r electmen agendas helps with this. 9 J=nr Town 2. For Town Government Boards/Committees/Commissions (BCC) develop citizen feedback surveys for their customers at meetings not done 3. Determine whether the Financial Forum mechanism of inter-board communication on financial matters is still appropriate and desirable. not done Objective 3-2: Develop a universal and comprehensive strategy of how Town Government gets information to our residents. 1. Establish a policy of how the Town departments communicate with the public, and under what circumstances not done 2. Use a focus group of residents not involved in Town government to evaluate different models not done 3. Provide the resources to maintain and operate the strategy; It would be helpful to understand how many residents/what percentage of the community has access to computers with internet access and email. not done - Objective 3-3: Develop, advertise, and utilize strategies to give the community an opportunity to communicate with the Town b'ectiv' community on specific issues and/or general issues 1 .1 Part . Part of focus group not done 2. Consider becoming part of Community Survey system not done 3. Develop low cost and effective ways to remind residents of their community services YCC does this at least in part 4. Evaluate expanding the format of YCC We evaluated this for the October 1, 2005 issue but there was not adequate demand Page 10 of 15 updated. 09/30/05 Objective 3-4: Evaluate and improve the use of existing communications outlets to foster better communication with the community. 1. Evaluate what works through surveys, questionnaires, Community Access Corporation not done 2. Evaluate a software package or system to take citizen complaints/comments and respond not done 3. Fund it not done M Page 11 of 15 updated 09/30/05 GOAL 4: Support Public Health and Safety as priority local services, with assistance from Federal, State, and regional resources. Objective 4-1: Evaluate recent and projected economic development projects and their impact on local Public Health and Public Safety services, and address any deficiencies. 1. As part of FY 2006 budget, evaluate demand for additional service created by the Crossing at Walkers Brook Additional Health staffing was provided. We will monitor the demand for Police services related to new development, and consider funding as part of the FY 2006 budget. 2. Address the additional demands through provision of additional resources as appropriate see above 3. As part of the water Treatment Plant design development, develop security measures for the Town's water supply These are included. Objective 4-2: Understand demands for homeland security on local Public Health and Public Safety services and develop a plan to address.these demands. 1. For all departments, document the amount of staff time needed for security functions and meetings. Will begin this with the Fiscal Year beginning July 1, 2005 v e foe r July 0 s uly security p cit u I y a r it 2 0 y 0 p f 0 n functions a n n c 0 ti local I , ons 2. Evaluate the demands on staff time and resources so that the community may i understand the local effects of security issues. Will begin this with the Fiscal Year It beginning July 1, 2005 3. Review how to work with new elements of the community, including new developments, to understand safety concerns. This is being done as part of the Development review process. -1 Objective 4-3: Work to secure all available resources to support e' Public Health and Safety services in the Community. 1.4 -person to fund additional demands for Utilize 1. utili Town resources and/or a grants services, particularly in capital or one-time expenses. We continue to monitor the availability of such grants and will document them. We have been quite successful in getting equipment and training grants for Fire. M'I Page 12 of 15 updated 09/30/05 GOAL 5: Continuously evaluate and improve the services the Town provides, and how the services are delivered. [Objective 5-1: Improve the method of presentation of information to Town bodies utilizing up-to-date technology J 1. Develop the staff capability to change from a paper and overhead method of .Ob*ective 5-' Town n bodies Util Develop the staff communication to a PowerPoint based system Some progress being made. The Town Planner uses this extensively at meetings. The Fire Chief's presentation in the first Board of Selectmen "Highlights" was excellent. The Town Manager is beginning to do this for Town Meeting. The Health Services Administrator is using PowerPoint extensively for training. 1. Obiective 5-2: Evaluate alternative ways to more efficiently and effectively collect funds due to the Town — "Check 21 1. Modify the collections in the Fire Department for ambulance fees This is now being done 2. Review and modify the Building permit collection program An improved process is now in place and is being reviewed for use in other Divisions. Objective 5-3: Fully implement technological improvements that are ti ppro approved and/or in progress, including GIS layers, telephone system improvements, imr)rovements, and software improvements. 1. Implement the Microsoft Exchange program for internal use Done 2. Implement GIS layers for water, sewer, stormwater management Proposals Contracts for GIS for water and sewer have been awarded. 3. Provide access to GIS to all staff who need it, as well as to the public. Done for staff. Methods for providing public access are being evaluated. 4. Fully implement new telephone system The basic system is in place. Some modifications are being done to get caller ID available on an incoming and outgoing basis. 5. Fund infrastructure for expanding the fiber optic network for use for data, Cable TV, and other uses. We anticipate paying off the new phone system in another 25 months, after which we can expend the savings on the phone system for infrastructure expansion. In addition, we will try to get Verizon to construct an 1 -loop as part of their cable TV franchise application. Finally, we have a state grant of $15,000 to tie the west side fire station into our fiber optic WAN. Page 13 of 15 updated 09/30/05 0 6. Fund personnel to implement technology improvements Not funded this year. 7. Improve the ability to store and access documents by staff and the public through a document storage and retrieval system We will be able to purchase a system through the Inspections Revolving Fund to manage the huge amount of documents on the various projects. We will acquire a system that can also manage routine documents like minutes etc., and work to put all new documents on that system. We will then develop a system of adding older documents. 8. Improve RCTV prod uction/television broadcasting to the extent that the Town is able. We. have a new agreement with RCTV, which will help. We are developing a new cable TV franchise and will be negotiating it with Verizon — which will also help. We are aggressively pursuing Comcast to meet all of their obligations under the existing cable TV franchise. We have partnered with RCTV to improve the equipment at Town Hall for broadcasting meetings. Page 14 of 15 updated 09/30/05 GOAL 6: Utilize strategic planning on all levels, to provide a framework for decision making. I — Objective 6-1: Complete the Community Master Plan up-date and all cti' ancillary elements of this Plan ncl ro e�. aft r 06 after Progress is being made on this plan, with expected adoption in early 2006 Progress extensive siv, rpxtensive public review and comment.. Objective 6-2: Complete the 5 year Library plan Because of the recent change in the leadership at the Reading Public Library, this process will be delayed approximately a year. Objective 6-3: Implement the Downtown improvement program, and include in the Master Plan process consideration of additional parking, housing opportunities, and other factions to enhance the vitality of downtown. 'I 1. Evaluate the use of the "Smart Growth" initiative in Reading's Downtown. CPDC made a presentation to the Board of Selectmen on Smart Growth. The Subsequent Town Meeting is considering a "Mixed Use" Zoning Bylaw amendment for the Downtown area. Obiective 6-3: Given that 4 of the 7 Town Department heads will be new in their positions by the middle of FY 2006, utilize team-building or other tools to form and strengthen the new Management Team for the Town of Reading. Department Heads are participating in a retreat on December 9. M Page 15 of 15 updated 09/30/05 DRAFT MISSION STATEMENT The Mission of the Board of Selectmen is to provide services for the Town of Reading which address the basic needs of the community and which reflect the needs and desires of Town residents. Town Government will be guided by the Board of Selectmen's vision for and leadership of the community. This shall be done in a fiscally responsible manner and in meeting its Mission, the Board shall be governed by its adopted values. q Q-00 I q Page 1 of 15 updated 09/30/05 VALUES STATEMENT The following values shall guide Reading Town Government and it's employees and officials in conducting their business. These values are adopted as an element of the Town's Mission Statement. COMMUNITY INTERACTIONS ➢ All business of the Town shall be conducted according to the highest standards of ethics and integrity. ➢ Employees and officials shall operate in an open manner, providing opportunities for public discussion and input into those decisions. ➢ Employees and officials will keep the community informed with accurate, timely, and factual information. ➢ Mutual respect and an attitude of caring shall govern all aspects of Town government. ➢ Employees and officials shall conduct themselves in a professional manner at all times. Reading values professionalism COMMUNITY SERVICES ➢ Reading residents value the quality of services provided by their local government. The highest feasible quality of service is the standard for Reading Town government. ➢ The Town strives for continuous improvement in all services that it provides. ➢ The Town is open to new methods and technology to make improvements to its services. ➢ All services need to be provided in the most efficient and cost effective manner possible. ➢ While respecting the past and present, Reading will continue to plan for the future, embracing improvements that make the community a better place to live and work. COMMUNITY CHARACTER ➢ Residents of Reading strongly identify with the community, and have a great deal of pride in their Town. This is evidenced in the Page 2 of 15 updated 09/30/05 °1 level of civic involvement within the community. This is a standard that is embraced and supported by Town government. ➢ Reading is open and welcoming community. ➢ Reading embraces diversity. ➢ The Town will strive to maintain and enhance the character of the community including: volunteerism, history as reflected in historic buildings and areas, quality of residential development, a concentrated and focused commercial center, outstanding public buildings, and a quantity and quality of open space and recreation areas. l Page 3 of 15 updated 09/30/05 4d) This week you were given a copy of the Local Water Resource Management Plan. This needs to be formally approved by the Board of Selectmen prior to MWRA action on our request to buy supplemental water. MWRA action is scheduled for the end of October, so time is of the essence on this matter. 4e) Attached is the updated review of goals. The purpose of discussion is to review our progress on meeting the specific goals and objectives that were established. At a later date, but before the end of this calendar year, the Board should do a broader review to see if these goals are still valid, and/or whether we want to establish new goals. Additionally, I'd like to work to finalize the mission statement. It strikes me that the wording of it is somewhat clumsy and I would like to finalize that so that we can utilize it more broadly within the organization. f) Review Town Meeting Warrant — I'd like to establish with the Board an action plan of any particular Articles that need more work prior to Town Meeting. I believe that these Articles would be: Article 7 — Establishing a Storm Water Management Enterprise Fund; Article 12 - Sale of Land Oakland Road; Article 19 - Mixed Use Bylaw; Article 20 - Rezoning Property Bounded by Sanborn, Woburn, Linden and Haven Streets; and Article 21 changing to a five member Zoning Board of Appeals. PIH/ps TABLE OF CONTENTS SUBSEQUENT TOWN MEETING NOVEMBER 14, 2005 Title Sponsor Page # Article 1 Reports Board of Selectmen 2 Instructions Board of Selectmen 3 Amend Capital Improvements Program FY 2006 — FY 2015 Board of Selectmen 4 Approve Payment of Prior Year's Bills Board of Selectmen 5 Amend the FY 2006 Budget Finance Committee 6 Authorize a Rubbish Contract for Greater than 3 Years Board of Selectmen 7 Establish Storm Water Management Enterprise Fund Board of Selectmen 8 Rescind Debt Authorizations Board of Selectmen 9 Debt Authorization for RMHS School Committee 10 Authorize Debt — Water Main Projects Board of Selectmen 11 Transfer Balance of Summer Avenue Water Main Project Board of Selectmen 12 Appropriation of Contributions from Developers for Various Projects Board of Selectmen 13 Sale of Land — Oakland Road Board of Selectmen 14 and Swap — George Street Board of Selectmen 15 Authorization to Purchase Land on Kieran Road Board of Selectmen 16 General Bylaws Amendment to Section 2.2.1, Rules 4 and 8 Board of Selectmen 17 General Bylaws Amendment to Section 2.2.1, Rule 19 re: Robert's Rules of Order Rules Committee 18 General Bylaws Amendment to Section 2.1.6, Notice of Town Meetings Board of Selectmen 19 Zoning By -Laws Section Amendment to 4.8.6.2 re: Permitting Underground Propane Storage in Aquifer Protection District Board of Selectmen as a Courtesy l Article Title Sponsor Page # 20 Zoning By-Laws Amendment to Allow for Mixed Uses in the Business B Zoning District CPDC 21 Rezone Certain Parcels Located Within Woburn, Sanborn, Haven and Linden Streets to Commercial CPDC 22 Amend Section 4-4 of the Charter to Change to a 5 Member Zoning Board of Appeals Petition APPENDIX Conduct of Town Meeting COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant, 1, on notified and warned the inhabitants of the Town of Reading, qualified to vote on Town affairs, to meet at the place and at the time specified by posting attested copies of this Town Meeting Warrant in the following public places within the Town of Reading: Precinct 1 J. Warren Killam School, 333 Charles Street Precinct 2 Registry of Motor Vehicles, 275 Salem Street Precinct 3 Reading Police Station, 15 Union Street Precinct 4 Joshua Eaton School, 365 Summer Avenue Precinct 5 Town Hall, 16 Lowell Street Precinct 6 Austin Preparatory School, 101 Willow Street Precinct 7 Reading Library, Local History Room, 64 Middlesex Avenue Precinct 8 Mobil on the Run, 1330 Main Street The date of posting being not less than fourteen (14) days prior to November 14, 2005, the date set for the Subsequent Town Meeting in this Warrant. I also caused an attested copy of this Warrant to be published in the Reading Chronicle in the issue of A true copy. Attest: Cheryl A. Johnson, Town Clerk 1 Thomas H. Freeman, Constable A a- SUBSEQUENT TOWN MEETING (Seal) COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. To any of the Constables of the Town of Reading, Greetings: In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn the inhabitants of the Town of Reading, qualified to vote in elections and Town affairs, to meet at the Reading Memorial High School Auditorium, 62 Oakland Road, in said Reading, on Monday, November 14, 2005, at seven-thirty o'clock in the evening, at which time and place the following articles are to be acted upon and determined exclusively by Town Meeting Members in accordance with the provisions of the Reading Home Rule Charter. ARTICLE 1 To hear and act on the reports of the Board of Selectmen, Town Accountant, Treasurer-Collector, Board of Assessors, Director of Public Works, Town Clerk, Tree Warden, Board of Health, School Committee, Contributory Retirement Board, Library Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees, Community Planning & Development Commission, Conservation Commission, Town Manager and any other Board or Special Committee. Board of Selectmen ARTICLE 2 To choose all other necessary Town Officers and Special Committees and determine what instructions shall be given Town Officers and Special Committees, and to see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate for the purpose of funding Town Officers and Special Committees to carry out the instructions given to them, or take any other action with respect thereto. Board of Selectmen ARTICLE 3 To see if the Town will vote to amend the FY 2006 — FY 2015, Capital Improvements Program as provided for in Section 7-7 of the Reading Home Rule Charter, or take any other action with respect thereto. Board of Selectmen ARTICLE 4 To see if the Town will vote to authorize the payment during Fiscal Year 2006 of bills remaining unpaid for previous fiscal years for goods and services actually rendered to the Town, or take any other action with respect thereto. Board of Selectmen ARTICLE 5 To see if the Town will vote to amend one or more of the votes taken under Article 15 of the April 25, 2005 Annual Town Meeting relating to the Fiscal Year 2006 Municipal Budget, and see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate as the result of any such amended votes for the operation of the Town and its government, or take any other action with respect thereto. Finance Committee 2 ARTICLE 6 To see if the Town will vote, pursuant to Mass. General Laws Chapter 30B, Section 12, to authorize the Town Manager to enter into a contract, including all extensions, renewals and options, for the collection of rubbish and recyclables for a period greater than three years but not exceeding 20 years upon such terms and conditions determined by the Town Manager, or take any other action with respect thereto. Board of Selectmen ARTICLE 7 To see if the Town will vote to accept the provisions of Chapter 44, Section 53171/2 of the Massachusetts General Laws establishing the Town's Storm Water Utility as an Enterprise Fund effective Fiscal Year 2007, or take any other action with respect thereto. Board of Selectmen ARTICLE 8 To see if the Town will vote to rescind authorized but unused debt for the sewer system as authorized by Article 12 of the May 3, 2004 Annual Town Meeting, or take any other action with respect thereto. Board of Selectmen ARTICLE 9 To see if the Town will vote to amend the vote taken under Article 5 of the January 13, 2003 Special Town Meeting to appropriate by borrowing, or transfer from available funds, or otherwise, for the purpose of making extraordinary repairs and/or additions to the Reading Memorial High School at 62 Oakland Road, including the costs of engineering and architectu I ral fees, plans, documents, cost estimates, and related expenses incidental thereto and necessary in connection therewith, said sum to be expended by and under the direction of the School Committee; and to see if the Town will vote to authorize the School Building Committee, the School Committee, or any other agency of the Town to file applications for a grant or grants to be used to defray the cost of all or any part of the cost of the project; and to see if the Town will vote to authorize the School Committee to enter into all contracts and agreements as may be necessary to carry out the purposes of this Article; provided however that any borrowing authorized by this Article and any appropriation subject to this Article shall be contingent upon the passage of a debt exclusion referendum question under General Laws Chapter 59, s 21c within 90 days of the close of this Special Town Meeting, or take any other action with respect thereto. School Committee ARTICLE 10 To see what sum the Town will vote to appropriate by borrowing, or transfer from available funds, or otherwise, pursuant to Chapter 44 Section 8 (5) and (6) of the Massachusetts General Laws for the purpose of constructing and reconstructing water mains, including the cost of engineering services, plans, documents, cost estimates, bidding services and all related expenses incidental thereto and necessary in connection therewith, said sum to be expended by and under the direction of the Town Manager; and to see if the Town will authorize the Board of Selectmen, the Town Manager, or any other agency of the Town to apply for a grant or grants, to be used to defray the cost of all, or any part of, said water system improvements; and to authorize the Town Manager to enter into any and all contracts and agreements as may be necessary to carry out the purposes of this Article, or take any other action with respect thereto. Board of Selectmen ARTICLE 11 To see if the Town will vote, pursuant to Chapter 44, Section 20 of the Massachusetts General Laws, to appropriate the balance of $3422.74 remaining on the completed Summer Avenue water main reconstruction project, authorized by vote under Article 11 of the Warrant for the Annual Town Meeting of April 22, 2002, as an addition to the sum authorized by vote under Article 13 of the Warrant for the Subsequent Town Meeting of November 10, 2003, for the purpose of constructing a replacement 20 inch diameter water main extending from Bancroft Avenue at the intersection of Hartshorn Street, northerly to approximately the intersection of. Forest Street and Colburn Road, or take any other action with respect thereto. Board of Selectmen ARTICLE 12 To see if the Town will vote to appropriate contributions from all or any one of the following or other developers: + Walkers Brook Crossing * Johnson Farms + Maplewood Village ♦ Archstone Development for purposes including but not limited to street design, road improvements, sidewalk and curb improvements, trail improvements, water and sewer improvements, or any other related improvements as approved by the Town Manager, or take any other action with respect thereto. Board of Selectmen ARTICLE 13 To see if the Town will vote to transfer the care, custody, and control to the Board of Selectmen any and all of the following parcels of land which are in the care, custody, and control of the School Department and/or the Board of Selectmen; and to see if the Town will vote to authorize the Board of Selectmen to sell, exchange or dispose of, upon such terms and conditions as they may determine, all or any part of the following described parcels of land on Oakland Road, and to discontinue any and all public and/or private ways as the Board of Selectmen deem necessary abutting such parcels of land: Map 123, Parcels: 16-32, 34, 48-54, 58-62,139 or take any other action with respect thereto. Board of Selectmen ARTICLE 14 To see if the Town will authorize the Board of Selectmen to transfer lands of the Town including portions of George Street in excess of a 40' wide right of way to an abutting property owner or owners; and to see if the Town will authorize the Board of Selectmen to accept from an abutting property owner or owners, portions of private property to establish a right of way of George Street of not less than 40', both actions under such terms and conditions as the Board of Selectmen may determine, or take any other action with respect thereto, Board of Selectmen 4 U ARTICLE 15 To see if the Town will vote to authorize the Board of Selectman to acquire by purchase, eminent domain, gift or otherwise, a parcel of land containing approximately 10.4 acres located on Kieran Road shown as Lot 2 on Board of Assessor's Map 205 currently believed to be owned by Hillcrest Realty, Inc., said land to be used for open space, water supply, and for conservation purposes in accordance with the provisions of Mass. General Laws, Chapter 40, Section 8C, to be under the care, management and control of the Town of Reading Conservation Commission and further to be dedicated in perpetuity to purposes stated in Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts including the protection of water resources and shall be fully protected by all provisions of Article 97 and shall be open to the general public for appropriate outdoor/recreational use consistent with 310 CMR 22.00; and to authorize the Board of Selectmen to enter into any and all agreements upon terms and conditions as they may determine to be necessary to carry out the acquisition of such parcel and the purposes of this Article; and to see if the Town will authorize the Board of Selectmen, Town Manager and/or the Conservation Commission to apply for a grant or grants, to be used to defray the cost of all, or any part of the purchase price for such parcel of land, or take any other action with respect thereto. Board of Selectmen ARTICLE 16 To see if the Town will vote to amend Article 2.2.1, Rules 4 and 8 of the Town of Reading General Bylaws as follows: Rule 4. The following words shall be inserted after the word "Charter," "petitions for a special act or local acceptance by Town Meeting of a state statute" so it shall read as follows: Rule 4. Prior to a debate on each Article in a Warrant involving changes in the Bylaw or Charter, petitions for a special act or local acceptance by Town Meeting of a state statute, the Bylaw Committee shall advise the Town Meeting as to its recommendations and reasons therefore. Rule 8. Substitute the phrase "Non-Town Meeting Member" for "inhabitant" in the text and insert a new sentence after the first sentence as follows: "A proponent of an article may speak only on such article after first having identified himself to the Moderator and obtaining permission of Town Meeting to speak." As amended, Rule 8 shall read as follows: Rule 8. Any Non-Town Meeting Member may speak at a Town Meeting having first identified himself to the Moderator as an inhabitant of the Town. A proponent of an article may speak only on such article after first identifying himself to the Moderator and obtaining permission of Town Meeting to. speak. No Non-Town Meeting Member shall speak on any question more than five (5) minutes without first obtaining the permission of the Meeting. Non-Town Meeting Members shall be given the privilege of speaking at Town Meetings only after all Town Meeting Members who desire to speak upon the question under consideration have first been given an opportunity to do so. Or take any other action with respect thereto. Board of Selectmen ARTICLE 17 1 . To see if the Town will vote to amend Rule 19, Section 2.2.1 of the Town of Reading General Bylaws by deleting the words "Robert's Rules of Order Revised, so far as they may be adapted to Town Meeting" and replace them with the words "Town Meeting Time Third Edition" except that to lay on the table shall only require a majority vote, so that Rule 19 will read as follows: "Rule 19. The duties of the Moderator and the conduct and method of proceeding at all Town Meetings, not prescribed by law or by rules set forth in this Article, shall be determined by rules of practice set forth in Town Meeting Time Third Edition except that to lay on the table shall only require a majority vote." Or take any other action with respect thereto. Rules Committee ARTICLE 18 To see if the Town will vote to amend Article 2, Section 2.1.6 of the Town of Reading General Bylaws by substituting the word "providing" for the word "'mailing" in the last line so it shall read as follows: 2.1.6 The Board of Selectmen shall give notice of the Annual, Subsequent or any Special Town Meeting at least fourteen (14) days prior to the time of holding said Meeting by causing an attested copy of the Warrant calling the same to be posted in one (1) or more public places in each precinct of the Town, and either causing such attested copy to be published in a local newspaper or providing an attested copy of said Warrant to each Town Meeting Member. Or take any other action with respect thereto. Board of Selectmen ARTICLE 19 To see if the Town will vote to amend .Sections 4.8.6.2.4.6 and 4.8.6.2.4.14 of the Zoning By-Laws to add the bold language as noted below: 4.8.6.2 Prohibited Uses: 4.8.6.2.4.6. storage of Toxic or Hazardous Materials as defined in Section 4.8.3 and liquid petroleum products, with the exception of liquid propane products for normal household use, allowed and used in accordance with all local, state and federal laws and regulations; unless such storage is (remainder of section is the same). 4.8,6.2.4.14. underground storage tanks containing Toxic and Hazardous Materials as defined in Section 4.8.3 related to activities in Section 4.8.6.1 except for liquid propane products for normal household use allowed and used in accordance with all local, state and federal laws and regulations. Or take any other action with respect thereto. Board of Selectmen ARTICLE 20 To see if the Town will vote to add a mixed use overlay district to the Zoning By-Laws and Zoning Map. Definitions: The addition of the following definition: 2.2.21.2. Mixed Use: The combining of retail/commercial and/or service uses with residential or office use in the same building or on the same site. 4.2.2. Table of Uses: Under PRINCIPAL USES - Other Uses, the inclusion of the Mixed Use District as follows: RES RES RES BUS BUS BUS IND S-15 A-40 A-80 A B C S-20 S-40 Mixed Use No No No No SPP No No 4.6 Mixed Use Overlay District 4.6.1 Purpose Mixed Use allows by Special Permit from the CPDC an alternative pattern of land development to the pattern normally permitted in the underlying District. It is intended to create mixed commercial, residential, and open space areas consistent with the character and identity of the Town and in conformance with the objectives of the 2005 Master Plan. 4.6.2 Authority The CPDC shall be the Special Permit Granting Authority for Mixed Use developments. The CPDC may vary the dimensional and parking requirements of Section 4.6 if it determines such change will result in an improved design of the development. This authority continues subsequent to occupancy. 4.6.3 Permitted Uses Only the following types of uses shall be permitted in Mixed Use developments. These uses may be commingled into a single structure` or structures or may be located in separate structures on the site. Residential Multifamily Dwellings Apartments Condominiums Retail Retail Store Restaurant Municipal Uses Utilities Post Office Commercial /Office Business and Professional Office Research Facility Personal Service Shop (Example, Private Recreation Garages Travel Agency, Lawyer, Beauty Salon, Bank) No less than 20% of the total number of residential units shall be affordable to households at or below 80% of the median household income for the Boston Metro- politan Area as determined by the most recent calculation of the United States Department of Housing and Urban Development. If 20% of the total residential units are affordable, the FAR shall be no greater than 0.8; at 25% affordable, the FAR shall be no greater than 1.0. The following Table shall be used as the basis to determine the affordable unit requirement: Total Units and/or Contribution 1. $48,000 or 1 unit 2. $96,000 or 1 unit 3. $144,000 or 1 unit 4. $192,000 or 1 unit 5. 1 unit 6. 1 unit plus $48,000 or 2 units 7. 1 unit plus $96,000 or 2 units Greater than 0.8 FAR but less than 1.0 FAR Total Units and/or Contribution 1. $60,000 2. $120,000 3. $180,000 4. 1 unit 5. 1 unit plus $60,000, or 2 units 6. 1 unit plus $120,000, or 2 units 7. 1 unit plus $180,000, or 2 units Contributions would go to the Affordable Housing Trust Fund. The affordable units must be subject to Use Restrictions to ensure that the units remain available in perpetuity, exclusively to persons with qualifying incomes. The units must be sold or rented on a fair and open basis and the, Applicant shall provide for CPDC approval an affirmative fair marketing plan for the affordable units. The minimum square footage of living area for any of the residential units within the Mixed Use Overlay District shall be no less that 550 square feet and the maximum area shall not exceed 1000 square feet. The average size shall be 750 square feet (plus or minus 25 square feet). Residential Units shall be developed under the Local Initiative Program of the Massachusetts Department of Housing and Community Development or another subsidy program that allows the housing to count towards the affordable housing requirements of Chapter 40B of the Massachusetts General Law. 4.6.4 Parking Facility Section 4.6.10 of this by-law applies with respect to the CPDC's consideration of the grant of a Special Permit for the Mixed Use Overlay development. 4.6.5 Dimensional Requirements The dimensional requirements below shall apply. 4.6.5.1 Minimum Contiguous Area of the Mixed Use Development Minimum contiguous lot area of the Mixed-Use development shall be 10,000 square feet. The site of any new principal structure. shall conform to Section 5.21 of the Zoning By-Laws. 4.6.5.2 Minimum Lot Frontage Minimum lot frontage shall be 40 feet. 4.6.5.3 Maximum Front Yard The maximum front yard shall be 20 feet, and there is no minimum front yard. 4.6.5.4 Minimum Rear Yard Minimum rear yard shall be 15 feet and there is no minimum side yard. There shall also be at least 15 feet separation between any 2 structures in the development on the same lot and the areas behind and between all structures shall be clear and accessible to the Town's fire suppression vehicles. 4.6.5.5 Maximum Height Maximum height shall be 42 feet. 4.6.5.6 Maximum Lot Coverage Maximum lot coverage shall be 40% percent. 4.6.5.7 Minimum Landscaping Minimum landscaping shall be 25%, and shall meet the requirements of Section 6.2.12 of these by-laws. 4.6.5.8 Maximum Floor Area Maximum floor area ratio shall be 0.8, except as otherwise provided in Section 4.6.3. 4.6.6 Mixed Use Developments The mixture of uses shall not be constrained in any way, however, residential units are prohibited from the front of the Vt floor and parking garages are prohibited from the front of the lot. In all Mixed Use developments adequate off-street parking shall be provided. The CPDC and the Applicant shall have as a goal for the purposes of defining adequate off- street parking making the most efficient use of the parking facilities to be provided and minimizing the area of land to be paved for this purpose. In implementing this goal, the CPDC may consider complementary or shared use of parking areas by activities having different peak demand times, and the Applicant may be required to locate adjacent uses :11 facilitate + +1,1 1 rnnn+n "an of cm-h parking areas in such a manner ciso vv 11 CIO V I IV t, 4 ft . co W Implementation of such complementary use of parking areas may result in the CPDC reducing and/or waiving parking requirements. 4.6.6.1 Parking Locations Parking may be provided at ground level, underground or in a parking garage. Parking garages can be free standing or as part of buildings dedicated to other permitted uses. Parking spaces must be assigned to specific uses (including shared uses) at the time of the submission of the Final Plan. 4.6.6.2 Parking at Buildings Parking shall be primarily located at the rear or at the side of buildings. 4.6.6.3 Curb Cuts One curb cut providing access to the development from any public way may be required. Additional curb cuts may be required as deemed necessary by the permitting authority. A development having frontage on 2 or more streets may be permitted additional curb cuts if deemed necessary by the CPDC. Whenever possible, there shall be shared curb cuts with adjacent developments. 4.6.6.4 Parking Requirements are: Residential 550-700 sq. ft.= 1 space per unit 701 -1000 sq. ft.= 2 spaces per unit Commercial/Office 3.5 spaces per 1,000 sq. ft. Retail 1.5 spaces per 1,000 sq. ft. Garages TBD Municipal Uses Exempt 4.6.6.5 Granting of Relief from Parking Regulations In those instances where the Applicant has made a concerted effort to provide all the required number of parking spaces, the CPDC may require an impact fee for each parking space not provided. The money may be used for short or long term parking solutions for the Town. 4.6.7 Application Any person who desires a Special Permit for a Mixed Use development shall submit 14 copies of the application in such form as the CPDC may require which shall include the following: 4.6.7.1 Development Statement A Development Statement shall consist of a petition, a list of the parties in interest with respect to the tract, a list of the development team and a written statement describing the major. aspects of the .proposed development. 10 r� 4.6.7.2 Development Plans Development plans bearing the- seal of a Massachusetts Registered Architect, Registered Civil Engineer or similar professional as appropriate and consisting of: (a) Site plans and specifications showing all site improvements and meeting the requirements set forth for a Site Plan under Section 4.3.3. (b) Site perspective, sections, elevations 1/8 inch = 1 foot. (c) Detailed plans for disposal of sanitary sewage and surface drainage and (d) Detailed plans for landscaping. 4.6.7.3 Additional information as the CPDC may determine. 4.6.8 CPDC Board Findings A Special Permit shall be issued under this Section if the CPDC finds that the development is in harmony with the purpose, and intent of this Section and that it con- tains a compatible mix of uses sufficiently advantageous to the Town to render it appropriate to depart from the requirements of the by-law otherwise applicable to the District in which the development is located. 4.6.9 Amendments After approval, the developer may seek amendments to the approved plan. Minor amendments may be made by a majority vote of the CPDC without a public hearing. The CPDC shall make a finding whether a requested amendment is deemed to be major or minor. A major amendment shall require the filing of an amended Special Permit application and public hearing. 4.6.10 Existing Structures 4.6.10.1 Change in Use A Special Permit may be granted to legally existing nonconforming structures, as of the date of the passage of this by-law, applying for a change of use in the Mixed Use Overlay District provided that parking for the existing and new uses meets the requirements of Section 4.6.6.4 unless waived by CPDC. 4.6.10.2 Additions A Special Permit may be granted to legally existing nonconforming structures, as of the date of the passage of this by-law, applying for a change of use and an addition to the structure provided that the footprint of the building structure remains unchanged or does not exceed 40% lot coverage, whichever is greater, and the FAR of 0.8 is not exceeded. Or take any other action with respect thereto. Community Planning and Development Commission 11 r� ARTICLE 21 To see if the Town will vote to amend the Zoning Map of the Town of Reading by placing the following properties into the Business B Zoning District: Plat 64, Parcels: 21, 21 a, 22, 23, 24 or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 22 To see if the Town will vote to approve an amendment to the Reading Home Rule Charter to amend Section 4-4 to increase the membership on the Zoning Board of Appeals from 3 regular members and 3 associate members, to 5 regular members and 2 associate members, so that Section 4-4 of the Reading Home Rule Charter will read as follows: Section 4-4: Board of Appeals There shall be a Board of Appeals consisting of 5 members and 2 associate members appointed by the Board of Selectmen for three (3) year terms so arranged that as near an equal number of terms as possible shall expire each year. The Board of Appeals shall have the powers and duties of Zoning Boards of Appeal under the Constitution and General Laws of the Commonwealth and such additional powers and duties as may be authorized by the Charter, by bylaw, or by Town Meeting vote. Or.take any other action with respect thereto. By Petition q IS' 12 and you are directed to serve this Warrant by posting an attested copy thereof in at least one (1) public place in each precinct of the Town not less than fourteen (14) days prior to November 14, 2005, the date set for the meeting in said Warrant, and to publish this Warrant in a newspaper published in the Town, or by mailing an attested copy of said Warrant to each Town Meeting Member at least fourteen (14) days prior to the time of holding said meeting. Hereof fail not and make due return of this Warrant with your doings thereon to the Town Clerk at or before the time appointed for said meeting. Given under our hands this 27th day of September, 2005. nthony, Chairman Thomas H. Freeman, Constable 13 "U Richard W. Schubert, Vice Chairman Joseph G. Duffy, Secretary J a /es Bona o li Be a a SELECTMEN OF READING Board of Selectmen Meeting September 6, 2005 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 Camille Anthony, Vice Chairman Richard Schubert, Secretary Joseph Duffy, Selectmen James Bonazoli and Ben Tafoya, Fire Chief Greg Burns, Town Manager Peter Hechenbleilmer, Paula Schena and the following list of interested parties: Representative Patrick Natale, Bill Toppi, Bill Brown, Mary Ellen O'Neill, Karen Herrick, Scott Miller, Attorney Michael Rubin, Peggy Roberts, Bill Pike, Tim O'Connor. Reports and Comments Selectmen's Liaison Reports and Comments — Vice Chairman Richard Schubert noted that .he hosted the first Selectmen's "Office Hour" this evening. He feels that this is a good effort to. maintain communications. Selectman James Bonazoli noted that the Nurse Advocacy Task Force is meeting every other Wednesday at 6:30 p.m. He met with Jordan's on August 24th regarding trucking, lighting and signage. There was a problem with trucks making deliveries at 4:00 a.m., and they will change that to after 6:00 a.m. Jordan's wants lighting with three foot candles and some companies recommend two foot candles. The Town will be hiring a lighting consultant. The lights are shut off in the parking lot after the last movie — the latest movie ends at 12:30 a.m. The facade lights are shut off when the store closes at 10:30 p.m. Selectman Ben Tafoya asked if Jordan's was interested in the lighting recommendations. Selectman James Bonazoli noted that they are but they also have concerns regarding insurance liability. The Town Manager noted that some movies will get out later than 12:30. Selectman Ben Tafoya asked why they start so late. Selectman James Bonazoli noted that they are required by film makers to show a certain number of times per day. Chairman Camille Anthony noted that she thought the PUD restricted the hours of movies. The Town Manager noted that he will check this out. Selectman Joseph Duffy suggested getting the RMLD involved in the light consulting. Selectman Ben Tafoya questioned whether the exterior lighting of Jordan's was within the regulations of the State. The Town Manager noted that he will have the consultant take a look at this. Board of Selectmen Meeting— September 6 2005 — Page 2 Selectman Ben Tafoya noted that the Health Insurance Task Force met, and the recommendation is to hire a consultant because it is a big appropriation for health insurance. It's a complicated area, so it is appropriate to seek help. The Town Manager noted that the Health Insurance Consultant will be paid out of the Health Insurance appropriation and he hopes that it will pay for itself. Chairman Camille Anthony noted that she attended the Board of Assessor's Meeting. She also met with the Herrick's regarding a propane tank article for Town Meeting. Public Comment — Representative Patrick Natale was present. He noted that he received a -mails regarding Addison- Wesley. He also noted that if there is anything that he can do, just let him know. He had received complaints regarding the lights at Jordan's. He noted that there are three health insurance proposals on the Governor's table. Selectman Ben Tafoya noted that the problem is the amount of money charged by the State for uncompensated care. Representative Natale noted that the problem is that people who don't have insurance are going to the hospitals and emergency rooms. Bill Toppi of 14C Carnation Circle requested that Carnation Circle be included in the lighting consulting study. Scott Miller of 61) Carnation Circle noted that there is a law regulating lighting. He feels that the lighting on Jordan's facade is way out of compliance. He suggested that movies can be started earlier in the morning. Town Manager's Report The Town Manager gave the following report: ♦ New flags in Downtown are installed, thanks to the Reading Fire Department and Fire Alarm operator Peter Vincent. ♦ Today was the first day of school in Reading, and Town staff have worked with the School Department on a couple of thorny issues. All in all, things seemed to work well, given the large turnout of parents taking their elementary school students to school for the first day. Things will settle down. All drivers need to be reminded to drive cautiously in the school zones. ♦ RMHS — New access and parking issues related to the school construction. ♦ Wood End School — First year as a neighborhood school. ♦ Joshua Eaton School — Summer Avenue construction. ♦ I have received a status report on Memorial Park, and much of it was reported in the Globe this weekend. I have authorized an additional $1000 to continue and, hopefully, complete the search for heirs. ♦ The Board has received the new Monthly Reports from Town staff. Any feedback? ♦ Water restrictions — Attached is a status report on enforcement from the Police Department. Also attached is a record of water use since the restrictions went into place on August 12th. ♦ Site walk — September 10th, 9:00 a.m. ♦ Board of Selectmen's Forum, September 13th, 7:30 p.m. Board of Selectmen Meeting — Sotember G 2005 — Page 3 ♦ The Board of Selectmen has asked that we preview future agendas, and get material to the Board longer ahead of time than the weekend before the meeting at which the issue is to be addressed. Highlights —Fire Department — Fire Chief Greg Burns was present. He reviewed the major functions of the Fire Department. including fire suppression, fire prevention, EMS assistance, emergency management and homeland security. He noted that the future issues of the Department include Department command structure and the capital equipment program. Chairman Camille Anthony asked if the command structure change will cost money, and the Town Manager indicated that it will, and that will be presented at budget time. Personnel and Appointments Human Relations Advisory Committee — Bob Silva was unable to be present for an interview. T_afoya moved and Duffy seconded to place the following name into nomination for one position on the Human Relations Advisory Committee with a term expiring June 30, 2007: Robert Silva Mr. Silva received five votes and was appointed. RMLD Citizen Advisory Board — The Board interviewed Mary Ellen O'Neill for one position on the RMLD Citizen Advisory Board. Tafoya moved and Duffy seconded to place the following name into nomination for one position on the RMLD Citizen Advisory. Board with a term expiring June 30, 2008: _Mar Ellen O'Neill Ms O'Neill received five votes and was appointed. Discussion /Action Items Hearing Transfer of Package Store License — Reading Liquors — The Secretary read the hearing notice. Attorney Michael Rubin was present representing the Busa family. He noted that they are buying the business to upgrade the real estate. They have stores in Burlington and Lexington. He also noted that they may have to come back in the future for a Pledge of License. Vice Chairman Richard Schubert asked if the store policy compares with the Town's policy, and Attorney Rubin indicated that it does. Vice Chairman Schubert asked how often Mr. Busa will be at this store, and it was noted that approximately 20 hours per week. Mr. Fenton will be managing the rest of the time. A motion by Schubert seconded by Bonazoli to close the hearing on the transfer of the Package Store all alcoholic license to Busa's Reading Liquors, Inc d/b /a/ Busa's Reading Liquors at 345 Main Street in Reading was approved by a vote of 5 -0 -0. A motion by Schubert seconded by Bonazoli to approve the transfer of the Package Store all alcoholic license to Busa's Reading Liquors, Inc d/b /a/ Busa's Reading Liquors at 345 Main Street in Reading, subiect to the following conditions: I t - to Board of Selectmen Meeting_ September 6 2005 — Page 4 s All affects of the liquor policies of the Town of Reading shall be followed. o All Maws, rules and regulations of the Town of Reading shall be followed, including but not limited to the sign sections of the Zoning By -Laws. was approved by a vote of 5 -0 -0. Hearin— John Street Neighborhood Traffic Regulations — The Secretary read the hearing notice. The Town Manager noted that this hearing is to deal with the landfill neighborhood issues. The request is for a four way stop at Green and Elliot Streets, a four way stop at Pleasant and Eaton Streets, and a four way stop at Village and Green Streets. He also noted that the visibility at Green and John Streets is poor so we will install a new type of sign. Peggy Roberts of 85 John Street asked where the curbing will be. The Town Manager noted that it will be from Salem to Pleasant Streets on the right hand side then crossover to the other side. Ms. Roberts asked if a person has hot top where the sidewalk would go, then will it be taken out. The Town Manager indicated that it will but the Town will work with the homeowners. A motion by Schubert seconded by Bonazoli to close 'the hearing on John Street neighborhood traffic regulations was approved by a vote of 5 -0 -0. A motion by Schubert seconded by Bonazoli to amend the Town of Reading Traffic Rules and Regulations by adding to Appendix A -12. Obedience to Isolated Stop Signs the following• Green Street eastbound and westbound at Elliot Street Pleasant Street eastbound and westbound at Eaton Street Village Street northbound and southbound at Green Street was approved by a vote of 5 -0 -0. Hearing — Stop Intersection — George at Curtis Street — The Secretary read the hearing notice. The Town Manager noted that the development is complete and a resident is requesting the stop sign. A resident of George Street noted that he is not against stop signs but he would rather see the stop sign on Curtis Street. Bill Pike of 13 George Street noted that people fly down Curtis Street thinking it goes to Stoneham. He feels that the sign should be on Curtis Street but he is not against a stop sign on George Street, Tim O'Connor of 96 Curtis Street thought the stop sign was approved in zoning. He noted that traveling south on Curtis Street is a key issue. There are constant U -turns around 15 times per day, and he supports a stop sign on Curtis Street. Lk Board of Selectmen Meeting — September 6, 2005 — Page Chairman Camille Anthony suggested maybe a "Not a Thru Way" sip or Dead End sign, or a stop sign at both George and Curtis Streets.. The Town Manager indicated that he will discuss this with staff. A motion by Schubert seconded by Bonazoli to continue the hearing for the stop intersection on George Street at Curtis Street to September 20, 2005 at 7:30 p.m. was approved by a vote of 5-0-0. Hearing — Parking Regulations — Zachary Lane — The Secretary read the hearing notice. The Town Manager noted that the concern is that traffic will clog Zachary Lane if parking on both sides. He suggests no parking during certain hours on the east side of Zachary Lane. Karen Herrick of 9 Dividence Road noted that she agrees with the recommendation. A resident from 11 Zachary Lane indicated that he feels this is an unnecessary inconvenience for a short amount of time. He suggests waiting until there is a problem. He noted that they don't have a problem, so why try to fix it. He doesn't want a sip in front of his house. Vice Chairman Richard Schubert noted that there are e-mails in the packet from people stating that they don't need this at this time. Selectman Ben Tafoya suggested tabling the issue until the overall review in October. A motion by Bonazoli seconded by Taf parking on Zachaa ffa to close the hearing for no p Lane was approved by a vote of 5-0-0. Hearin ,= Board of Selectmen Policies, Sections 5 and 6 — The Town Manager noted that what was the Human Services Policies is now the Community Services Policies. He reviewed the changes to the policies. He also noted that the Rules and Regulations Relating to Parks, Playgrounds and Recreation Areas will be moved to the DPW section. The Town Manager noted that the LIP regulations are working fine, and he recommends no changes. Chairman Camille Anthony noted that in the 6t" bullet under 5.2.3, there should be a definition of limited dividend. The Town Manager noted that is mentioned in 5.2.9, and Chairman Anthony noted that it is not the same wording and it doesn't say limited dividend. Chairman Camille Anthony suggested, under Section 5.2.4 Review Fees, to add lighting review. She noted that Section 5.2.6 #1 is actually the lead in sentence and should not be numbered. Chairman Camille Anthony asked who pays the CHAPA fees. The Town Manager indicated that he would check and make sure it is added to the policy. Board of Selectmen Meeting — September 6-2005 — Page 6 The Town Manager went on to review Article 6 Personnel. He noted that he is removing the closing of municipal offices section of the policy. Chairman Camille Anthony noted that under 6.1.1 — Goals, there should be a list of goals and review of goals at three and six months. The Town Manager noted that he will revise both Article 5 and Article 6 and bring it back to the Board of Selectmen. Preview Subsequent Town Meeting — Chairman Camille Anthony noted that Bill Brown was present. Mr. Brown noted that changes need to be made to comply with the Charter changes. He will send it to the Bylaw Committee for their review. He also noted that Article 11 is the sale of the land across from the High School. The Town Manager noted that the School Department will have to vote to turn over the care, custody and control to the Board of Selectmen. Karen Herrick was present. Chairman Camille Anthony noted that she met with Ben Tafoya and Ms. Herrick regarding propane tanks. Ms. Herrick noted that she upgraded her furnace from oil to propane. She was told that she needed approval to put the tank underground. She discovered that she is in the Aquifer Protection District, and underground propane tanks are not allowed. She is proposing two changes to Section 4.8 to exclude propane products. The Town Manager noted that CPDC will be having a workshop and will review this. Town Counsel indicated that it looks okay. He has met with staff and they have no objection. The Conservation Administrator with checking with the Conservation Commission. Chairman Camille Anthony suggested getting something in writing from DEP stating that it is not hazardous to the aquifer district. The Town Manager noted that Article 19 is zoning for Pearson. Chairman Camille Anthony noted that they are not ready to talk about zoning, and suggested that Article be taken off the Warrant. The Town Manager noted that he is still waiting for the traffic study. The Town Manager noted that the next article is to rezone Sanborn Street to commercial. He also noted that the area is mostly zoned commercial, and CPDC is looking at rezoning on September 12, 2005. The Town Manager noted that CPDC asked the Board of Selectmen to approve mixed use. They want parking. The Town Manager noted that Article 14 is to deal with door to door solicitors. It is modeled after Wakefield's bylaw because the Attorney General has already approved it. Chairman Camille Anthony and Selectman Ben Tafoya noted that a public hearing would have to be held first. They suggested taking the Article off the warrant. G - Board of Selectmen Meeting — September 6 2005 — Page 7 Vice Chairman Richard Schubert noted that this will make Reading a "gated community" and would like more discussion. The Town Manager indicated that he will put this on the Annual Town Meeting Warrant. The Town Manager also indicated that there is an Article for the land swap on George Street, an Article to authorize debt for water main projects, and an Article for establishing a Storm Water Management Enterprise Fund. Selectman Ben Tafoya asked about the Enterprise Fund being a fee and whether it falls under Proposition 21/2. Approval of Minutes A motion by Bonazoli seconded by Tafoya to approve the Minutes of August 30, 2005 was approved by a vote of 5 -0 -0. A motion by Tafoya seconded by Schubert to adiourn the meeting of September 6, 2005 at 11.00 p.m. was a roved ved by a vote of 5 -0 -0. Respectfully submitted, Secretary 0 Ccomcast Comcast Cable 200 Cresson Boulevard Oaks, PA 19456 Tel: 610.650.3000 www.comcast,com September 28, 2005 Board of Selectmen 16 Lowell Street Reading, MA 01867 RE: Comcast Cable Communications, LLC FCC Forms 1240 and 1205 CUID #s: See attached listing Dear Sir or Madam: Attached are FCC Form 1240, Annual Update Form, and Form 1205, Determining Costs of Regulated Cable Equipment and Installation. N Vs f�r"1 N As you know, this advance notification is required by the FCC rules. The process utilized in preparing FCC Fom1s 1240 and 1205 has not changed from the prior year. Where applicable support for the Franchise Related Costs to be passed through as a separate line item on customers' bills on the effective date of these filings is provided as Attachment 6B. Comcast has chosen October 1, 2005 as its filing date. With regard to Basic Service Tier (BST) rates, the maximum permitted rate is currently noted as the Operator Selected Rate to ensure that the filing is facially complete. In addition, maximum permitted rates for regulated equipment and installation charges are noted as the Operator Selected rates on the attached 2006 Equipment and Installation Rate Schedule. However, these are not the Company's final rate change plans, which will be provided when available. The enclosed FCC Forms are not intended to serve as notice for any price adjustments to the basic service tier or equipment or installation charges. Appropriate notice will be sent to you prior to any adjustments to the basic service tier, equipment and installation prices. If you have any questions about the forms or the rate adjustment process, please call me at 610- 650 -3057. Sincerely, Joseph C. Lance Assistant Controller Eastern Division v kAL ;1 r Lle Sc,3 r'1 DOMENIC J. F. RUSSO, Chairman I A. JOSEPH DENUCCI, Wce.Chairman JOSEPH E. CONNARTON, Exeiudve Director HENRY G. BRAUER ( KENNETH J. DONNELLY I ERIC A. KRISS I JAMES M, MACHADO I DONALD R. MARQUIS Mr. Peter Hechenbleikner, Town Manager Town of Reading 16 Lowell St. Reading, MA 01867 Dear Mr. Hechenbleikner: E� trl September 20, 2005 ra 4n Q. Enclosed please find a copy of the Public Employee Retirement Administration Commission's Report on the Examination of the Reading Retirement System as of January 1, 2002 to December 31, 2004. This examination of the system's financial condition was conducted by the Public Employee Retirement Administration Commission in accordance with the requirements of section 21 of Chapter 32. If you have any questions or comments on the report, please feel free to contact the Public Employee Retirement Administration Commission. JEC /lmb Enc. Sincerely, Joseph E. Connarton Executive Director s� FIVE MIDDLESEX AVENUE, THIRD FLOOR I SOMERVILLE, MA 02145 PH 617 666 44461 FAX 617 628 4002 1 TTY 617 591 8917 1 WWW.MASS.GOV /PERAC UU PERAC AUDIT REPORT ■m public employee retirement administration commission commonwealth of massachusetts pprrpp ��(r! t!► u(. � a TABLE OF CONTENTS Letter from the Executive Director ................................................. ............................... 1 Statement Of Ledger Assets And Liabilities ................................... ............................... 2 Statement Of Changes In Fund Balances ........................................ ............................... 3 StatementOf Income ....................................................................... ............................... 4 Statement Of Disbursements ,n ........................................................ ............................... 5 InvestmentIncome .......................................................................... ............................... 6 Statement Of Allocation Of Investments Owned ............................ ............................... 7 Supplementary Investment Regulations .......................................... ............................... 8 Notes to Financial Statements: Note1 - The System ..................................................................... ............................... 9 Note 2 - Significant Accounting Policies ................................... ............................... 10 Note 3 - Supplementary Membership Regulations ................... ............................... 12 Note 4 - Administration Of The System .................................... ............................... 14 Note 5 - Actuarial Valuation And Assumptions ........................................................ 15 Note6 - Membership Exhibit ..................................................... ............................... 16 1 DOMENIC J. F. RUSSO, Chairman I A. JOSEPH DENUCCI, Vice Chairman HENRY G. BRAUER ( KENNETH J. DONNELLY I ERIC A. KRISS I JAMES M. MACHADO I DONALD R. MARQUIS September 23, 2005 JOSEPH E. CONNARTON, Executive Director The Public Employee Retirement Xdministration Commission has completed an examination of the Reading Retirement System pursuant to G.L. c. 32, s. 21. The examination covered the period from January 1, 2002 to December 31, 2004. This audit was conducted in accordance with the accounting and management standards established by the Public Employee Retirement Administration Commission in regulation 840 CMR 25.00. Additionally, all supplementary regulations approved by PERAC and on file at PERAC are listed in this report. In our opinion, the financial records and management functions are being performed in conformity with the standards established by the Public Employee Retirement Administration Commission. There are no significant audit findings to report. We commend the Reading Retirement Board for the exemplary operation of the system. In closing, I acknowledge the work of examiner James Ryan who conducted this examination and express appreciation to the Board of Retirement and staff for their courtesy and cooperation. Sincerely, Joseph E. Connarton Executive Drirector FIVE MIDDLESEX AVENUE, THIRD FLOOR I SOMERVILLE, MA 02145 6,7 PH 617 666 44461 FAX 617 628 4002 1 TTY 617 591 8917 1 WWW.MASS.GOV /PERAC PERC`u T= 5, Reading Retirement System STATEMENT OF LEDGER ASSETS AND LIABILITIES FOR THE THREE YEAR PERIOD BEGINNING JANUARY 1, 2002 AND ENDING DECEMBER 31, 2004 ASSETS Cash Short Term Investments Fixed Income Securities (at book value) Equities PRIT Cash Fund PRIT Core Fund Interest Due and Accrued Accounts Receivable Accounts Payable FUND BALANCES Annuity Savings Fund Annuity Reserve Fund Pension Fund Military Service Fund Expense Fund Pension Reserve Fund TOTAL TOTAL FOR THE PERIOD ENDING DECEMBER 31, 2004 2003 2002 $27,005 $156,597 $50,614 0 0 0 0 0 0 0 0 p 1,214,913 1,195;029 1,112,739 71,320,423 63,188,354 50,884,358 0 0 p 58,263 1,368 0 108,223) (93,904) (79,622) $72,512,381 $64,447,444 $51,968,089 $16,135,476 $15,368,330 $14,966,572 5,703,136 5,580,410 5,028,555 0 0 0 19,586 9,230 9,139 0 0. 0 50,654,183 43,489,475 31,963,823 $72,512.381 $64.447.445 R51.Q6R_RRQ 2 1I j w Reading Retirement System STATEMENT OF CHANGES IN FUND BALANCES W 400 9 :1 a w CI' 11 i i I 11 i 1 1 li 11� Annuity Annuity Military Pension Total Savings Reserve Pension Service Expense Reserve All Fund Fund Fund Fund Fund Fund Funds Beginning Balance (2002) $14,352,687 $4,803,167 $804,832 $9,013 $0 $37,802,454 $57,772,153 Receipts 1,626,886 148,028 3,418,340 126 264,328 (5,643,886) (186,178) Interfund Transfers (667,834) 667,834 194,743 0 0 (194,743) 0 Disbursements (345,168) (590,474) (4,417,916) 0 (264,328) 0 (5,617 88 Ending Balance (2002) 14,966,571 5,028,555 (1) 9,139 0 31,963,825 51,968,089 Receipts 1,620,836 157,935 3,494,579 91 289,242 12,678,705 18,241,388 Interfund Transfers (1,018,718) 1,032,596 1,139,176 0 " 0 (1,153,054) 0 Disbursements (200,360) (638,675) (4,633,754) 0 (289,244) 0 5 76(, 2,033) Ending Balance (2003) 15,368,329 5,580,411 0 9,230 (2) 43,489,476 64,447,444 Receipts 1,607,724 168,416 3,619,683 93 322,834 8,507,992 14,226,742 Interfund Transfers (635,879) 637,115 1,331,784 10,263 0 (1,343,283) 0 Disbursements (204,700) (682,805) (4,951,467 ) 0 (322,834) 0 6,16180 Ending Balance (2004) _ $16,135,474 $5,703,137 $0 $19,586 U $50,654,185 $72,512,380 Reading Retirement System STATEMENT OF INCOME FOR THE THREE YEAR PERIOD BEGINNING JANUARY 1, 2002 AND ENDING DECEMBER 31, 2004 Annuity Savings Fund: Members Deductions Transfers from other Systems Member Make Up Payments and Redeposits Member Payments from Rollovers Investment Income Credited to Member Accounts ..Sub Total Annuity Reserve Fund: Investment Income Credited Annuity Reserve Fund Pension Fund: 3 (8) (c) Reimbursements from Other Systems Received from Commonwealth for COLA and Survivor Benefits Pension Fund Appropriation Sub Total Military Service Fund: Contribution Received from Municipality on Account of Military Service Investment Income Credited Military Service Fund Sub Total Expense Fund: Expense Fund Appropriation Investment Income Credited to Expense Fund Sub Total Pension Reserve Fund: Federal Grant Reimbursement Pension Reserve Appropriation Interest Not Refunded Excess Investment Income Sub Total TOTAL RECEIPTS FOR THE PERIOD ENDING DECEMBER 31, 2004 2003 2002 $1,475,824 $1,345,331 $1,303,840 16,145 89,441 94,095. 26,579 39,121 26,784 0 4,065 8,733 89,176 142,878 193,434 1,607,724 1,620,836 1,626,886 168,416 157,935 148,028 66,495 57,725 43,090 147,463 307,054 324,050 3,405,725 3,129,800 3,051,200 3,619,683 3,494,579 3,418,340 0 0 0 93 91 126 93 91 126 0 322,834 289,242 264,328 322,834 289,242 264,328 0 0 0 0 0 0 765 1,460 4,388 8,507,227 12,677,245 (5,648,274) 8,507,992 12,678,705 5,643,886 $14,226,742 $18,2_41,388 $186,178 Reading Retirement System STATEMENT OF DISBURSEMENTS FOR THE THREE YEAR PERIOD BEGINNING JANUARY 1, 2002 AND ENDING DECEMBER 31, 2004 5 ;1; FOR THE PERIOD ENDING DECEMBER 31, Annuity Savings Fund: 2004 2003 2002 Refunds to Members $127,741 $60,633 $172,583 Transfers to other Systems 76,959 139,727 172,585 Sub Total 204,700 200,360 345,168 Annuity Reserve Fund: Annuities Paid 678286 636,595 590,474 Option B Refunds 4,519 2,080 0 Sub Total 682,805 638,675 590,474 Pension Fund: Pensions Paid Regular Pension Payments 3,171,158 2,972,840 2,847,111 Survivorship Payments 36,815 33,763 33,763 Ordinary Disability Payments 55,460 55;460 55,460 Accidental Disability Payments 773,620 731,798 728,389 Accidental Death Payments . 29,803 17,393 9,556 Section 101 Benefits 67,657 62,625 56,723 3 (8) (c) Reimbursements to Other Systems 113,456 104,286 88,174 State Reimbursable COLA's Paid 697,641 649,732 592,883 Chapter 389 Beneficiary Increase Paid 5,857 5,857 5,857 Sub Total 4,951,467 4,633,754 4,417,916 Military Service Fund: Return to Municipality for Members Who Withdrew Their Funds 0 0 0 Expense Fund: Board Member Stipend 0 0 0 Salaries 39,449 36,583 33,092 Legal Expenses 3,792 0 0 Medical Expenses 0 0 0 Travel Expenses 69 86 221 Administrative Expenses 6,484 14,592 5,948 Furniture and Equipment 0 0 0 Management Fees 273,040 237,983 225,067 Custodial Fees 0 0 0 Consultant Fees 0 0 0 Sub Total 322,834 289,244 264,328 TOTAL DISBURSEMENTS $6,161,806 $5,762,033 $5,617,886 5 ;1; Reading Retirement System INVESTMENT INCOME FOR THE THREE YEAR PERIOD BEGINNING JANUARY 1, 2002 AND ENDING DECEMBER 31, 2004 FOR THE PERIOD ENDING DECEMBER 31; 2004 2003 2002 Investment Income Received From: Cash $451 $101 $164 Short Term Investments 0 0 0 Fixed Income 0 0 0 Equities 0 0 0 Pooled or Mutual Funds 2,216,479 1,828,713 1,793,747 Commission Recapture TOTAL INVESTMENT INCOME 2,216,930 1,828,814 1,793,911 Plus: Realized Gains 4,367,862 1,687,027 80,444 Unrealized Gains 6,128,306 11,098,026 5,782,349 Interest Due and Accrued on Fixed Income Securities - Current Year 0 0 0 Sub Total 10,496,168 12,7851053 5,862,793 Less: Paid Accrued Interest on Fixed Income Securities 0 0 0 Realized Loss 0 (150,950) (1,726,959) Unrealized Loss (3,625,352) (1,195,527) (10,972,103) Custodial Fees Paid 0 0 0 Consultant Fees Paid 0 0 0 Management Fees Paid 0 0 0 Board Member Stipend 0 0 0 Interest Due and Accrued on Fixed Income Securities - Prior Year 0 0 0 Sub Total (3 62, 5,352) (1346,477) 12 699 062 NET INVESTMENT INCOME 9,087,746 13,267,390 5,042,358 Income Required: ; Annuity Savings Fund 89,176 142,878 193,434 Annuity Reserve Fund 168,416 157,935 148,028 Military Service Fund 93 91 126 Expense Fund 322,834 289,242 264,328 TOTAL INCOME REQUIRED 580,519 590,146 605,916 Net Investment Income 9,087,746 13,267,390 (5,042,358 Less: Total Income Required 580,519 590,146 605,916 EXCESS INCOME TO THE PENSION RESERVE FUND $8507,227 $12,677,244 ($5,648,27 0 READING RETIREMENT SYSTEM STATEMENT OF ALLOCATION OF INVESTMENTS OWNED (percentages by category) FOR THE THREE YEAR PERIOD ENDING DECEMBER 31, 2004 Cash Short Term Fixed Income Equities PRIT Cash Fund PRIT Core Fund GRAND TOTALS MARKET VALUE $27,005 0 0 0 1,214,913 71,320,423 I PERCENTAGE OF TOTAL ASSETS 0.04% 0.00% 0,00% 0.00%. 1.67% 98.29% 100.00% PERCENTAGE ALLOWED* 100 100 40-80 40 100 For the year ending December 31, 2004, the rate of return for the investments of the Reading Retirement System was 14.43%. For the five-year period ending December 31, 2004, the rate of return for the investments of the Reading Retirement System averaged 4.24%. For the 17-year period ending December 31, 2004, since PERAC began evaluating the returns of the retirement systems, the rate.of return of the investments of the Reading Retirement System was 10.69%. 7 Reading Retirement System SUPPLEMENTARY INVESTMENT REGULATIONS FOR THE THREE YEAR PERIOD ENDING DECEMBER 31, 2004 The Reading Retirement System has not submitted any supplementary investment regulations to PERAC. ,.1. • Reading Retirement System NOTES TO FINANCIAL STATEMENTS FOR THE THREE YEAR PERIOD ENDING DECEMBER 31, 2004 NOTE 1 - THE SYSTEM The plan is a contributory defined benefit plan covering all Reading Retirement System member, unit employees deemed eligible by the retirement board, with the exception of school department employees who serve in a teaching capacity. The Teachers' Retirement Board administers the pensions of such school employees. Instituted in 1937, the System is a member of the Massachusetts Contributory Retirement System and is governed by Chapter 32 of the Massachusetts General Laws. Membership in the plan is mandatory immediately upon the commencement of employment for all permanent, full -time employees. The system provides for retirement allowance benefits up 'to a maximum of 80% of a member's highest three year average annual rate of regular compensation. Benefit payments are based upon a member's age, length of creditable service, level of compensation, and group classification. Members become vested after ten years of creditable service. A superannuation retirement allowance may be received upon the completion of twenty years of service or upon reaching the age of 55 with ten years of service. Normal retirement for most employees occurs at age 65 (for certain hazardous duty and public safety positions, normal retirement is at age 55). A retirement allowance consists of two parts: an annuity and a pension. A member's accumulated total deductions and a portion of the interest they generate constitute the annuity. The differential between the total retirement benefit and the annuity is the pension. The average retirement benefit is approximately 75 - 85% pension,and 15 - 25% annuity. Active members contribute either 5, 7, 8, or 9% of their gross regular compensation. Members joining the retirement system after January 1, 1979 must contribute an additional 2% on regular compensation earned at a rate in excess of $30,000. The percentage rate is keyed to the date upon which an employee's membership commences. These deductions are deposited in the Annuity Savings Fund and earn interest at a rate deterinined by the Executive Director of PERAC according to statute. When a member's retirement becomes effective, his/her deductions and related interest are transferred to the Annuity Reserve Fund. Any cost -of- living adjustment granted between 1981 and 1997 and any increase in other benefits imposed by state law during that period are borne by the state. The pension portion of any retirement benefit is paid from the Pension Fund of the System. The governmental unit employing the member must annually appropriate and contribute the amount of current year pension payments as indicated on the most recent funding schedule as approved by PERAC's Actuary. Until recently, retirement systems were paying only the actual retirement W Reading Retirement System NOTES TO FINANCIAL STATEMENTS (Continued) FOR THE THREE YEAR PERIOD ENDING DECEMBER 31, 2004 benefits that were due each year. Systems had no statutory authorization to put aside any money for the future benefits of employees who are now working. Large unfunded liabilities resulted from operating upon this pay -as- you -go basis. In 1977, legislation authorized local governments to appropriate funds to meet future pension obligations. In 1983, additional legislation was passed requiring the transfer of investment earnings (in excess of the amount credited to member accounts) into the Pension Reserve Fund. These initiatives have significantly reduced the rate of growth of the retirement systems' unfunded liabilities, and in some systems have actually eliminated such liability. �r Administrative expenses are funded through investment income of the system. Members who become permanently and totally disabled for further duty may be eligible to receive a disability retirement allowance. The amount of benefits to be received in such cases is dependent upon several factors including: whether or not the disability is work related, the member's age, years of creditable service, level of compensation, veteran's status, and group classification. Employees who resign from service and who are not eligible to receive a retirement allowance or are under the age of 55 are entitled to request a refund of their accumulated total deductions. In addition, depending upon the number of years of creditable service, such employees are entitled to receive either zero (0 %) percent, fifty (50 %) percent, or one hundred (100 %) percent of the regular interest which has accrued upon those deductions. Survivor benefits are extended to eligible beneficiaries of members whose death occurs prior to or following retirement. NOTE 2 - SIGNIFICANT ACCOUNTING POLICIES The accounting records of the System are maintained on a calendar year basis in accordance with the standards and procedures established by the Executive Director of Public Employee Retirement Administration Commission. 1 The Annufty Savings Fund is the fund in which members' contributions are deposited. Active members contribute either 5, 7, 8, or 9% of their gross regular compensation. Voluntary contributions, redeposits, and transfers to and from other systems, are also accounted for in this fund. Members' contributions to the fund earn interest at a rate determined by PERAC. Interest for some members who withdraw with less than ten years of service is transferred to the Pension Reserve Fund. Upon retirement, members' contributions and interest are transferred to the Annuity Reserve Fund. Dormant account balances must be transferred to the Pension Reserve Fund after a period of ten years of inactivity. a Reading Retirement System NOTES TO FINANCIAL STATEMENTS (Continued) FOR THE THREE YEAR PERIOD ENDING DECEMBER 31, 2004 The Annuity Reserve Fund is the fund to which a member's account is transferred upon retirement from the Annuity Savings Fund and Special Military Service Credit Fund. The annuity portion of the retirement allowance is paid from this fund. Interest is credited monthly to this fund at the rate of 3% annually on the previous month's balance. The Special Military Service Credit Fund contains contributions and interest for members while on a military leave for service in the Armed Forces who will receive creditable service for the period of that leave. The Expense Fund contains amounts transferred from investment income for the purposes of administering the retirement system. / ;r The Pension Fund contains the amounts appropriated by the governmental units as established by PERAC to pay the pension portion of each retirement allowance. The Pension Reserve Fund contains amounts appropriated by the governmental units for the purposes of funding future retirement benefits. Any profit or loss realized on the sale or maturity of any investment or on the unrealized gain of a market valued investment as of the valuation date is credited to the Pension Reserve Fund. Additionally, any investment income in excess of the amount required to credit interest to the Annuity Savings Fund; Annuity Reserve Fund, and Special Military Service Credit Fund is credited to this Reserve account. The Investment Income Account is credited with all income derived from interest and dividends of invested funds. At year -end the interest credited to the Annuity Savings Fund, Annuity Reserve Fund, Expense Fund, and Special Military Service Credit Fund is distributed from this account and the remaining balance is transferred to the Pension Reserve Fund. Reading Retirement System NOTES TO FINANCIAL STATEMENTS (Continued) FOR THE THREE YEAR PERIOD ENDING DECEMBER 31, 2004 NOTE 3 - SUPPLEMENTARY MEMBERSHIP REGULATIONS The Reading Retirement System submitted the following supplementary membership regulations, which were approved by PERAC on: March 24, 2000 Membership Anyone employed by the Town of Reading or the Reading Housing Authority on or after July 1, 1991, as a part time, provisional, part -time temporary, temporary provisional, seasonal, intermittent employee or who works less than 52 weeks a year shall not be eligible to join the Reading Retirement System. However, an employee whose combined total service equals or exceeds 35 hours per week shall be eligible for membership. March 24,2000 Creditable Service Members who work less than 20 hours per week shall receive creditable service pro -rated based upon the hours of the full time position and the actual service rendered. Members working 20 or more hours per week will receive 1 full year of creditable service for each year employed. A parttime employee who later takes a full time position shall have the part-time service prorated according to the following schedule: Hours per week: Creditable Service: 20 -22 7 months 23 -25 8 months 26 -28 9 months 29 -31 10 months 32 -34 11 months 35+ 12 months J Buy Back A buy back of prior non- membership service of less than six consecutive months which was part time, provisional, temporary, temporary provisional, seasonal or intermittent and was not immediately followed by membership service, will not be allowed. The terms of the purchase or buy back of prior service or military service shall be in a lump sum payment at the time of application or installment payments over a period of years, not to exceed five years. In the instance where a person takes a refund and is then re- employed by the Town within one year and wishes to buyback prior service, the installment payment period shall not exceed one year. The Retirement Board shall determine the minimum installment payment amount allowed. 12 1' Reading Retirement System NOTES TO FINANCIAL STATEMENTS (Continued) FOR THE THREE YEAR PERIOD ENDING DECEMBER 31, 2004 April 19, 2000 Buyback The Retirement Board will not allow members to buy back previous employment with the Town of Reading on or after July 1, 1991, when the Town was required to withhold and match Social Security deductions. By allowing buybacks the Board would be requiring the Town to fund two retirements for the same period of employment. If, however, the employee had not contributed to Social .Security, but opted for the ICMA deferral instead, the employee will be allowed to buy back time, as the Town does not match those deductions. (Regulation approved April 19, 2000 and previously approved by the Commission's predecessor agency on March 7, 1996.) June 19, 2003 Military Service Buyback All eligible members must determine within 180 days of notification by the Reading Retirement Board whether or not to purchase their military service as creditable service. If choosing to purchase this military service, the member has the option of paying for this purchase at any time from the completion of his /her first year of membership until reaching his /her 10th year of membership. If the member has not begun the payback by his /her 10th year as a member, then he /she must begin payroll deductions, make a lump sum payment, or notify the Reading Retirement Board, in writing, of his /her decision to opt out of the program. August 17, 2004 Anyone employed by the Town of Reading or the Reading Housing Authority, whose combined total service equals or exceeds 1,690 hours per year shall be enrolled in the Reading Retirement System. 13 Al t t A Reading Retirement System NOTES TO FINANCIAL STATEMENTS (Continued) FOR THE THREE YEAR PERIOD ENDING DECEMBER 31, 2004 NOTE 4 - ADMINISTRATION OF THE SYSTEM The System is administered by a five person Board of Retirement consisting of the City Comptroller who shall be a member ex officio, a second member appointed by the governing authority, a third and fourth member who shall be elected by the members in or retired from the service of such system, and a fifth member appointed by the other four board members. Ex officio Member: Richard P,.rFoley Appointed Member: Elizabeth W. Klepeis Term Expires: 12/31/2005 Elected Member: Francis P. Driscoll Term Expires: 03/31/2008 Elected Member: Joseph R. Veno Term Expires: 3/31/2007 Appointed Member: Daniel B. Seferian Term Expires: N/A The Board members are required to meet at least once a month. The Board must keep a record of all of its proceedings. The Board must annually submit to the appropriate authority an estimate of the expenses of administration and cost of operation of the system. The board must annually file a financial statement of condition for the system with the Executive Director of PERAC. The investment of the system's funds is the responsibility of the Board. All retirement allowances must be approved by the Retirement Board and are then submitted to the PERAC Actuary for verification prior to payment. All expenses incurred by the System must be approved by at least two members of the Board. The following retirement board members 1 and employees are bonded by an authorized agent representing a company licensed to do business in Massachusetts as follows: Treasurer - Custodian: ) Ex officio Member: ) $500,000 Fiduciary and Crime Bond Elected Member: ) National Grange Mutual Insurance Co. Appointed Member: ) Staff Employee: ) 14 Reading Retirement System NOTES TO FINANCIAL STATEMENTS (Continued) FOR THE THREE YEAR PERIOD ENDING DECEMBER 31, 2004 NOTE 5 - ACTUARIAL VALUATION AND ASSUMPTIONS The most recent actuarial valuation of the System was prepared by The Segal Group, Inc. as of July 1, 2003. The actuarial liability for active members was $44,246,636 The actuarial liability for vested terminated members was 689,072 The actuarial liability for retired members was 46,365,812 The total actuarial liability was 91,301,520 System assets as of that date were 62,896,650 The unfunded actuarial liability was $28,404,870 The ratio of system's assets to total actuarial liability was 68.9% As of that date the total covered employee payroll was $16,734,364 The normal cost for employees on that date was 7.94% of payroll The normal cost for the employer was 5.96% of payroll The principal actuarial assumptions used in the valuation are as follows: Investment. Return: 8.00% per annum Rate of Salary Increase: 6.00% per annum GASB STATEMENT NO. 25, DISCLOSURE INFORMATION AS OF JANUARY 1, 2003 A� 15 Actuarial Actuarial Unfunded UAAL as a Actuarial Value of Accrued AAL Funded Covered % of Valuation Assets Liability (UAAL) Ratio Payroll Cov. Payroll Date (a) ( b ) ( b -a) (a /b ) (c) ( (b -a) /c ) 7/1/2003 $ 62,896,850 $ 91,301,520 $ 28,404,670 68.9% $16,734,364 169.7% 7/1/2002 $ 60,896,650 $ 86,888,108 $ 25,991,458 70.1% $16,854,968 154.2% 7/1/2001 $ 58,286,200 $ 82,550,300 $ 24,264,100 70.6% $16,129,200 150:4% 7/1/2000 $ 54,075,600 $ 78,486,300 $ 24,410,700 68.9% $15,797,700 154.5% 7/1/1999 $ 48,158,300 $ 74,903,600 $ 26,745,300 64.3% $15,117,500 176.9% 15 rn Reading Retirement System NOTES TO FINANCIAL STATEMENTS (Continued) FOR THE THREE YEAR PERIOD ENDING DECEMBER 31, 2004 • . 1 C 1` � IIC Retirement in Past Years 1995 - 1996 1997 1998 1999 2000 N01 2002 2003 2004 Superannuation 8 13 18 14 18 15 7 12 14 9 Ordinary Disability 0 1 0 0 0 0 0 0 0 0 Accidental Disability -4 0 0 1 0 0 0 0 3 1 Total Retirements 12 14 18 15 18 15 7 12 17 10 Total Retirees, Beneficiaries and Survivors 297 293 305 313 319 324 319 323 326 326 Total Active Members 396 389 378 378 374 369 379 363 360 351 Pension Payments Superannuation $1,497,284 $1,593,313 $1,758,723 $1,983,923 $2,199,734 $2,337,652 $2,448,977 $2,847,111 $2,972,840 $3,171,158 SurvivorBeneficiary Payments 42,934 42,934 42,304 41,507 36,996 33,763 108,547 33,763 33,763 36,815 Ordinary Disability 54,492 60,062 84,677 84,668 70,133 61,273 35,081 55,460 55,460 55,460 Accidental Disability 729,415 762,001 760,185 767,492 780,573 793,807 768,870 728,389 731,798 773,620 Other 458,820 471,938 492,143 512,027 541,063 643,920 719,261 753,193 839,894 914,414 Total Payments for Year $2,782,945 $2,930,248 $3,138,032 $3,389,617 13,628,499 $3,870,415 $4,080,736 $4,417,916 $4,633,755 $4,951,467 (&W epe4 C/ LATHAM, LATHAM & LAMOND� P.C. KENNETH C. LATHAM (1939-1996) O. BRADLEY LATHAM* JOHN T. LAMOND SHEILAH GRIFFIN-REICHARDT JOSHUA E. LATHAM CHRISTOPHER M. O. LATHAM *ADMITTED TO PRACTICE IN MASSACHUSETTS & NEW HAMPSHIRE 643 MAIN STREET READING, MASSACHUSETTS 01867-3096 WWW.LLLLAW.COM September 22, 2005 Community Planning and Development Commission Reading Town Hall 16 Lowell Street Reading, MA 01867 Ltc �0 TELEPHONE: (781) 944-0505 FAX: (781) 944-7079 Re: Johnson Woods; Lottery and Fair Housing Marketing Plan for Affordable Units. Enclosed please find the Homebuyers Affirmative Marketing and Buyer's Selection Plan for Johnson Woods as has been prepared by the affordable housing consultant, JTE Realty Associates, LLC. We respectfully request CPDC approval of the enclosed plan. Sincerely, Latham, Latham &. Lamond, P.C. O. Vie� L ham cn cc: Ellen Doucette, Esquire Brackett & Lucas Town Counsel 0- obhpp: q0 tV 0 A; �6 FROM : PHONE NO. : Sep. 19 2005 02:OORM P2 September 2005 HOMEBUYERS AFFIRMATIVE MARKETING AND BUYERS SELECTION PLAN Johnson Woods 468 West Street Reading, Massachusetts 01867 JTE Realty Associates, LLC P. 0, Box 955 North Andover, Massachusetts 01845 Contact: Judy Epstein Telephone (978) 258-3492 FROM : PHONE NO. : Sep. 19 2005 02:20RM P1 Johnson Woods Property Description Johnson Woods is a COMMI ty of One hundred and sixty-six II-,w construction sachusetts. The project is being condominiums located at 468 West Street, Reading, Mas condo Ije The prc ct is situated on a 28 acre site. developed by Johnson Woods Realty Corp... seven two bedroom units, thirty-seven The project consists of one hundred and twenty All affordable units have 2 bedrooms three bedroom units and two single family homes. Unit amenities include- refrigerator, dishwasher, range with self- and 2 bathrooms. inets, washer and dryer hookup, telephone and cable hookup, smoke cleaning oven, cab detectors, exterior deck or patio, and surface parking. first lottery will have a price of Eight -affordable two-bedroom units to be marketed in the $168,400. Sales price for the remaining nine affordable two-bedroom units will be set at the time of advertising for the second lottery. Pre - construction two bedroom market rate units will range in price from $510,000 to $750,000, depending on unit Style- The affordable prices have been calculated in accordance with the applicable regulations set forth by DACD under the LIP program. Seventeen Affordable Units equipment, Tell percent, 17 units, will be sold by lottery as affordable units. The utilities, be of good quality. This shall not be fixtures and appliances in the affordable Units shall construed to prevent buyers or the seller of the market rate Units dux upgr gneral ading the utilities, equipment, fixture's and appliances, for the purpessing .marketing conditions. The affordable units will be allocated between the major set- aside categories follows: igtg Up to Local Set Aside 70% 1 General Population 30% 6 Total 17 -1- FROM : PHONE NO. : Sep. 19 2005 02:02AM P1 Income and Asset Requirements Purchasers of the 17 affordable units will Inc�m�irf� t e0current (at the time of advertising) Median r the, Boston PMSA, adjusted for Annual income is defined as the gross annual income of all household family size. n s during the m members over the age of 18 (not including full time dependent stude t ) d ng Ost A g 000, unless the recent calendar year. The total gross hous ehold asset limitation is $50, household qualifies for the elderly exemption (all household members must be over age 62), in which case the household may h�t$140a e after tpurco asing da in which the purchaser has no more ,000 "1 excess equity unit. financing other threshold requirements, such 'h as the ability to obtain 95% thirty year fixed f on the part of applicants apply. The household shall not have owned a home within three years preceding the application, (unless otherwise specified in the qeand Applicants must remain alified at ally meet strict income and asset guidelines. e commitment and of the process including pre-screening, lottery selection, mortgag conveyance. Evidence of eligibility in the form of third party verification will be taken at the time of application and may be requested from the applicant subsequent to the submittal of the application througet uirement�seforvtwo DHCD minimum household size q bedroom units, households with three persons will be selected first (First Rank), followed by household sizes of two persons (Second Rank), followed by household sizes of one person (Third Rank). Local Set Aside 11 Units: Local Set Aside — UP to '70%, cent of the seventeen (17) affordable units, a total Of Up to seventy percent (70) per - eleven affordable (11) units, will be established as a local set aside. minority percentage of 17.5%. In order to comply with DHCD The Boston I>MSA has a MiDD � I min of the advertising period, if the percentage of Ority regulations, after the close percentage, Of minorities in the applicants in the local preference pool is less than the local preference surrounding HUD-defined area, the number of minority applicants in th ntage of minorities in the surrounding MD- pool will need to be adjusted to the porce ority applications from the general defined area, by adding the required number of min pool to achieve the appropriate representation within the local preference pool d on the day of the lottery to select the appropriate number A pre- lottery will be conducted comply with of minority applications that will be entered in the local preference pool to OMP Y W' this regulation. All applicants will be entered into all pools for which they qualify. To be eligible for the local preference pool, at to st one mber ob y tthe pplicat household must be a current Reading municipal empyee as determined he Reading Housing Authority), as defined, a current Reading resident, as defined, the parent, child or sibling of a Reading resident, as defined. -2- f -TEM ■■ ■ Sep. 19 2005 02:03AM P2 ld A Reading municipal employee is defined as a household determined by the Readpng member is currently employed by the 'Ibwn of Reading Housing Authority) at the time of current resident of the Town of Reading at the time of A Reading resident is defined as a current res application. A parent, child or sibling of a Reading reside in as the parent, child or sibling of a current Reading resident at the time of application. Genezal Population — 30 %, 6 L7nits: equal to 6 units, will be set aside for the statewide 30% of the seventeen affordable units, general population. Affirmative Marketing Plan In accordance with Section 8 of the Regulatory Agreement: The Developer shall not discriminate on the basis of race, creed, color, sex, age, in the handicap, marital status, national origin dable Units. any ot The Developer selection of the buyers for the Affordable direct outreach efforts to market the Affordable Units to minority households thzough Wi local churches, social service and civic to be contacteda This newsprint media where minority ho outreach effort must continue for a period of at least sixty (60) days prior to the at selection of buyers for the affordabe peso theDeveloper dable agrees nits,t a��ord ofrall least five (5) years following the other outreach efforts, newspaper ads, outreach letters, translations, leaflets and any whicki may be inspected by the Monitoring Agent or the M.unicipality- Advertisin and Sales Promotion The objective of the affirmative fair marketing plan is to attract minority applicants who are qualified buyers. A variety of media and outreach contacts will be used to provide information to minority groups. The lou of affordable p Program inform units� he residents and non - residents about the availability fair marketing plan will utilize the following approach: • An announcement of the lottery shall be mailed to the Metrolist Clearinghouse in Boston City flail. publications • Newspaper advertising in minority and community p • Communications with community groups, social, religious, municipal • Web Site Advertising & CHAPA Website Advertising -3- 1 ; 7A FROM : PHONE NO. : Sep. 19 2005 02:03AM P3 Advertisements will be placed in the following newspapers, Newspaper Target Market Rumbo Hispanic Baystate Banner African American The Sampan Asian/Pacific Islander Portuguese Times Cape Verdean Newsletter Native American Native American/Alaskan Tribal Council Native The advertisement will be placed in all of the newspapers twice (One/mouth) during the sixty day advertising period. All advertisements will include the HUD equal housing opportunity logo. Other newspapers such as Reading Daily Chronicle and the Reading Advocate will also be used to promote the affordable homeownership opportunity to all members of the public. A complete file of all advertisements, notices and flyers and a list of community contacts will be established and maintained for a period of five years. Outreach Flan In addition to newspaper advertising in minority and community publications, outreach efforts will be made to local churches, social services, and civic organizations with a follow-up letter to each organization which will explain the affordable condominium home opportunity at Johnson Woods for participation by eligible applicants. Bulletin board flyers, that summarize the program in a fashion similar to newspaper advertisements, will be provided to these organizations. This will include details of where or how to obtain an application and information packet and details regarding the informational sessions, -4- 1 FROM : PHONE NO. : Sep. 19 2005 02:04AM P4 Advertising and Sales Promotion Timetable Subsequent to receiving the DHCD approval, outreach advertising will commence for a first affordable e sixty (60) day period prior to estimated completion date of the fi t ord ble unit Th projected occupancy date of the first affordable unit is second quarter 2006. Advertising and outreach is projected to commence in January through February 2006. During this period of time applications will be accepted from all groups, Two informational meetings will be held during the sixty (60) day advertising period. Applicants will be given the necessary guidance to complete the application. Applicants will be encouraged, but not required to attend an informational meeting. Within a two to three week period of the close of the advertising, the lottery will be conducted. Ram -Selection Process The selection process for the affordable units will consist of two pools referenced generally as the affordable unit lottery selection. The pools have been designed to recognize a local preference category and a general pool category, as outlined and further defined in the Seventeen Affordable Units section above. Pool Pool #2 FORDBo"' LEUMTS �;;Local AFFORDABLE UNITS �ZTS Preference General Population 11 units _ 6 Units Applications will be reviewed to determine threshold eligibility. Those households that meet threshold eligibility will be notified by mail and will receive a confirmation letter and Registration Card indicating that they have been entered into the lottery, at the conclusion of the advertising period- Confirmation Letter — confirming registration number xming threshold eligibility with regis Registration Card — This registration card will have two sections, an applicant section and a perforated section representing a ballot for the lottery pool. Applicants will receive their portion of the card. The perforated matching ballot will be used to enter the eligible applicants in the local preference pool and/or the general pool. The ballot will have a matching registration number to the applicant registration section. M FROM : PHONE NO. : Sep. 19 2005 02:04RM P5 The ballots will be placed in a ballot box and drawn randomly one by one. The order of the ballot selection will be as follows: Pool # 1 Pool #2 As the ballots are drawn, the ballot number will be assigned a lottery selection number in the order drawn. Two Lottery Selection Lists will be established to match the corresponding Affordable Unit Lottery Pools and to track the order of ballot selection. The order of drawing will be Pool #1 followed by Pool 92. After completing the selection of all ballots in Pool 91 and assigning a lottery selection placement number on the Pool 01 Lottery Selection List, the lottery selection will move on to Pool #2 and the same procedure will be implemented until all ballots have been pulled for both Pools and all Lottery Selection Lists have been.. leted�, If there is an insufficient number of ballots in Pool #1 to fill the 11 affordable local set aside units, the remaining units will be added to Pool 92. Once the ballot selection is complete, the appropriate number of selected applicants will be assembled and the selected applicants will be notified that they must begin the process of obtaining their financing. If at any point in the lottery process a selected applicant becomes ineligible, the next eligible applicant will be notified that they must begin the process of obtaining their financing. 1012 /, ) / ~~/ q^'` Heche0blefter, Peter From: Frey, Bob (MHD) [Bob.Frey@state.ma.us] Sent: Friday, September 23, 2005 4:13 PM To: Corey, vm Rick; o., °�.y"=^ �". Schubert, Rick; Anthony, Camille; Barnes, -----' -- —' Darlene; Casey, Paul; Clarke, Dennis; Curran, John DiBlasi, Jma'Durnant Ian; Everson, Jeff; Festa, Mike; Gallagher, Jim; Gallerani, Michael; Grover, Robert; Hamblin, Eileen; Havern, Robert; Jones, Bradley; Kinsman, Art; mme� �u� yWean Paul; K4edei's. Paul; yWo�e� Andrew; Nata|e.Pa�\uk; Rogers, K8aureenA^;Gmnhb, Susan; '�odano'Pau|| Stinson, Richard; Sullivan, Dan; Tana||o. Ed; Tieei. Richard; Webster, Bill; VVoaKe|.Steve Co; Blauntei J Burggraff, K8 Callan, Melissa; ChristeUo Thcia' Cooke, Don; D[Zog|io Dennis; Draisen, Mark; Dwyer, Margaret; Edwards, Adriel; Florino, Ron; Frey, Bob; Grzegorzewski, Josh; Town Manager; Lindstrom, Mike; Lucas, Barbara; Lutz, Elaine; McKinnon, Anne; yWovenn. John; Miller, Kenneth; [YRourke, Carmen; Purdy, Jim; Reilly, Chris; Schwartz, Bill; Stein, Kathy; Tofoya' Ben; Van Magness, Frederick; Wood, Gall CHANGE IN ITF MEETING DATE: 1-938-95 Task Force ManOzezo, Doe to several circumstances involving attendees' aobodoloo, plus the start of Yom Kipper on I0/I2, we are moving the date of the next Task Force Meeting out one week later to; Wednesday, OCTOBER 19, 4:30 TO 6:30 BM (location still TBD) Everyone will receive more details closer to the meeting... ( Subcommittee members: your meeting is still next Wednesday, 9/28 ) Thanks, Bob Frey Manager of Statewide Planning Office of Transportation Planning Massachusetts Executive Office of Transportation (617) 973-7449 bob,fzey@atate.ma.os 1 � (C go) Hechenbleikner, Peter From: McIntire, Ted Sent: Thursday, September 29, 200510:31 AM To: Hechenbleikner, Peter Subject: FW: Updates Peter, Sorry, I forgot to copy this to you. They approved the application. (See below) Ted From:. McIntire, Ted Sent: Tuesday, September 27, 2005 4:27 PM To: LeLacheur, Bob Subject: Updates 1. The West Street Water Main construction site was scheduled to 140 swept this afternoon. The contractor has been notified that he needs to address dust control on a daily basis. They are planning to start patching the water main trench tomorrow. 2. The Operations Committee of the MWRA Advisory Board, voted today to recommend that the full MWRA Advisory Board support Reading's membership into the MWRA Waterworks system. The full Advisory Board is meeting on October 20th to vote on it's recommendation. It is anticipated that they will recommend Reading's membership to the MWRA Board of Directors. They are expected to vote on the issue in November. Page 1 of 1 Hechenblelkner, Peter From: Emily Levin hdevn Sant: VVedneaday, 28.20054i7PM To: ;alevin ; Subject: Ipswich River Restoration Conference - November 5 The Ipswich River Watershed Association is pleased to announce that the Ipswich River Restoration Conference, previously scheduled foryW will bo held on Saturday, November Sat North Shore Community College |n Danvers. See the attached flyer for details and registration information. Please forward widely to anyone who might beintyneotad'ondtoany|ist you coordinate. Emily Levin Restoration Program Manager Ipswich Diver Watershed Association 978-887-23I3 mi Saturday, November 5, 2005 8:30 a00-3 p00 North Shore Community College, Danvers Campus Keynote Speech by Douglas Foy, MA Office for Commonwealth Development 4 pm Optional Site Visit to New England Biolabs Advanced Wastewater System How Your Community Can Manage Water Smarter and Help the Ipswich River Photo Credit. Eric Roth Please join the Ipswich River Watershed Association at a conference to launch our new Restoration Program. VVg will work with towns in the watershed to plan and implement projects to restore stream flows, improve water quality, and reconnect fragmented habitat. The conference will bring together local and state resource nnonogene. legislators, business leaders, mdanba1a, emvironnoentoists, educators, and interested citizens. Douglas Foy Secretary of the MA Office for Commonwealth Deve|opnnent, will highlight state initiatives to assist towns with smart growth, low impact development, and sound water management. The conference will offer informative presentations on the following topics: • The state of the river and the science of river restoration • State water policy and water conservation standards — how they affect towns • Water conservation and low impact development techniques, including innovative municipal by|avva. water audits, and water and eovVe[ incentive pnoQ[o[ns • Optional site visit to solar aquatic and constructed wetlands vveatevvoter ovetenn at New England Bio|aba. Ipswich, led by David Oe|PodoofEcological Engineering (limit 30 people) Please contact Emily Levin, |RWA's Restoration Program Manager, at 978-887-2313 or e|ovn@ipmwiohhvar.orgto register for the free conference. Provide contact details and indicate whether you would like to attend the optional site visit to New England Biolabs. Sponsored by Ipswich River Watershed Association & Ipswich River Restoration Partnership with Generous Support from Massachusetts Environmental Trust, MA Department of Conservation and Recreation, US Environmental Protection Agency, Analog Devices, & EBSCO Publishing 9