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2005-07-26 Board of Selectmen Packet
OF Town of Leading 16 Lowell Street Reading, MA 01867-2685 9rtxcoRe°4` FAX: (781) 942.9071 Email: townmanager@ci.reading.ma.us MEMORANDUM DATE: July 22, 2005 TOWN MANAGER (781) 942-6643 'TO: Board of Selectmen 1 FROM: Peter I. Hechenb1eikner l w RE: July 26, 2005 Selectmen's Meeting 2a. Proclamations/Certificates of Appreciation - There are four volunteers for the Town who are retiring after more than five years of service. The Board traditionally provides these volunteers with a Certificate of Appreciation for their efforts. 3a. Personnel & Anaointments Nurse Advocacv Committee - There are four members appointed to a nine member committee to evaluate the need for a Nurse Advocacy Program for frail elders. Lyn Whyte, Executive Director of the Housing Authority, has volunteered to be the Reading Housing Authority member. This would bring the number to five. Under Item 4a of the agenda, there is a proposed amendment to make the committee into a seven member committee rather than nine members, and the expectation is that we will then get this committee operating with a quorum. 3b. Climate Change Task Force - We have three applicants for this five member task force, and Chairman Camille Anthony is working on some additional members. The Board can consider and appoint the three people who have applied, and the task force can then get started. 4a. Amend Policv - Nurse Advocacv Committee - Please see the explanation in 3a. above. 4b. Hearing - Heavv Vehicle Exclusions: Linden Street and Bancroft Avenue - In trying to be proactive relative to any potential impact of the Downtown Improvement Program, we have asked the Mass. Highway Department to allow a Heavy Vehicle Exclusion on Linden Street and Bancroft Avenue from Woburn Street to Lowell Street. aq. q ty off" REgbl~~ eciation TA -d' Cerdficate 0 Is'8:INcOR4°~ • Nwarded ° ate is erebY This ~ertifiC .~.~G~, S. C-Uog'R ears • ' ®n his 27 ,sands X11 precl~tl of '115t . ce on the coma Servi ZOU5 his Zbth day Of Julyq , 1Ven t Board of Selectinell the~eading By P N certifteate of XppreciatiOn .~lcate is ereby A►.wardedrf ° Certl phis OLS ears . •o~.ofhis39~ I.a ~p~preclatl Committee of Service oll the Land a . • s 26th day of July, 2005 Given the o Selectmen Bly the Reading Board 9--) W warded 1o• erem A s 'thi •s Cert~.~~eate ~ E~ . CROI VL VV-ItL dears °f Servic eil oi~s ink Coup ree1atlon ar oll ea Mann -In ro o Itau the Met ~,QU5 ~uly~ • Zbth day °v1 e~ rd S Giyea this ® eU-gy th etm e V ea&la ' Boa - Certificate of xPPreCla~on .~.vvarcled '~o phis Certificate is ereh ONE SjjSAN G C of Service ix ~ea'rs . atiou of her S 0 A e in. Apprec~ • ste ~,dvisar~Y Coln on the Solid. a 26th day of Suly, ZOOS GAVen this d of Selectmen the -~eacl~ng B°~~ By ~4~ OF R~ Town of heading 16 Lowell Street Reading, MA 01867-2685 639jtxco FAX: (781) 942.9071 Email: townmanager&l.reading.ma.us MEMORANDUM DATE: . July 22, 2005 TO: Board of Selectmen 1 FROM: Peter I. Hechenbleikn r l RE: July 26, 2005 Selectmen's Meeting TOWN MANAGER . (781) 942-6643 2a. Proclamations/Certificates of Appreciation - There are four volunteers for the Town who are retiring after more than five years of service. The Board traditionally provides these ` volunteers with a Certificate of Appreciation for their efforts. f 3a. Personnel & Annointments Nurse Advocacv Committee - There are four members appointed to a nine member committee to evaluate the need for a Nurse Advocacy Program for frail elders. Lyn Whyte, Executive Director of the Housing Authority, has volunteered to be the Reading Housing Authority member. This would bring the number to five. Under Item 4a of the agenda, there is a proposed amendment to make the committee into a seven member committee rather than nine members, and the expectation is that we will then get this committee operating with a quorum. 3b. Climate Change Task Force - We have three applicants for this five member task force, and Chairman Camille Anthony is working on some additional members. The Board can consider and appoint the three people who have applied, and the task force can then get started. 4a. Amend Policv - Nurse Advocacv Committee - Please see the explanation in 3a. above. 4b. Hearing - Heavv Vehicle Exclusions: Linden Street and Bancroft Avenue - In trying to be proactive relative to any potential impact of the Downtown Improvement Program, we have asked the Mass. Highway Department to allow a Heavy Vehicle Exclusion on Linden Street and Bancroft Avenue from Woburn Street to Lowell Street. 3a' Policv establishing an "ad hoc Task Force to evaluate the need for a Nurse Advocacv Prozrain for Frail Elders" (Task Force) There is hereby established a nine (9) seven (7) member ad hoc Task Force to evaluate the need for a Nurse Advocacy Program for Frail Elders (Task Force), and to make recommendations to evaluate the needs of frail seniors for nurse advocacy, and to determine the resources necessary to provide nurse advocacy for frail residents in Reading.. The terms of the ad hoc committee shall expire on November 30, 2005, unless extended by the Board of Selectmen. Town Meeting, through an instructional motion of May 5, 2005, has asked the Board of Selectmen to establish such a task force, whose purpose will be to: ♦ Review the need for a nurse advocacy program for frail elders in Reading ♦ Determine to what extent that need is currently being met ♦ Review different models to meet the need ♦ Explore the role of local government in meeting any identified need for nurse advocacy ♦ Determine appropriate levels of funding 0 Explore alternative approaches for funding including private funding, funding by clients, utilizing the Hospital Trust Fund, funding through the town budget, and other sources of funding o Present a report on the work and recommendations of the task force to the Selectmen and Finance Committee. ♦ Report to Town Meeting at the 2005 Subsequent Town Meeting. In selecting the Committee membership of 9 members, the Board of Selectmen shall appoint all members and shall attempt to fill the positions as follows: Member of Council on Aging recommended by the COA ♦ A "frail senior" from the Reading community s Reading Housing Authority representative recommended by the Housing Authority ♦ Selectman n h mitt,, ♦ Member of the Finance Committee recommended by the FINCOM ♦ 3- 2 citizens of Reading The Task Force shall, at a minimum, perform the following: 1. Develop a work plan and schedule for accomplishing its Mission, and review it with the Board of Selectmen, including key decision points by the Board of Selectmen; 2. Become thoroughly familiar with the concept of nurse advocacy by talking with a number of agencies involved in Senior Citizen care; 3. Become thoroughly familiar with the Community Parish Nursing and other programs that are models of providing nurse advocacy for frail elders in Reading, including all staffing, financial, and service aspects of the program; 4. Determine within existing resources of the Town, what the demand for such services is currently in the community, and what the likely demand for such services will be over the next 10 years as the elderly population of the nation rises because of the aging of the "baby boomers"; 5. If a need is determined, explore what options for providing those services in Reading might be; what the cost might be; and what the funding source or sources might be; 6. If a need is determined, look at various models for providing this service in Reading, including a review of what other communities are doing, and what other agencies are or might be able to do; 3aZ' 7. Provide interim reports on the work of the Task Force to the Board of Selectmen and Finance Committee; 8. Provide a final report to Town Meeting. Staff will be assigned by the Town Manager to work with the Committee. The ad hoc Task Force to evaluate the need for a Nurse Advocacy Program for Frail Elders will be considered to be part of the Department of Community Services for Administrative purposes. The services of Town Counsel, and other expertise will be available through the Town Manager. The ad hoc committee will make an interim report to the Board of Selectmen no later than October 30, 2005, and a final report to Town Meeting no later than December 31, 2005, except as the Board of Selectmen may extend that date. Adopted 6-7-05 ga3 OFRF~~+Y Town of Aead i ng ' y 16 Lowell Street Reading, MA 01867-2685 9°1xcoae°¢ FAX: (781) 942.9071 Email: townmanager&l.reading.ma.us MEMORANDUM DATE: July 22, 2005 TO: ' Board of Selectmen FROM: Peter I. Hechenbleikner RE: July 26, 2005 Selectmen's Meeting TOWN MANAGER (781) 942-6643 2a. Proclamations/Certificates of Appreciation - There are four volunteers for the Town who are retiring after more than five years of service. The Board traditionally provides these volunteers with a Certificate of Appreciation for their efforts. 3a. Personnel & Annointments Nurse Advocacv Committee - There are four members appointed to a nine member committee to evaluate the need for a Nurse Advocacy Program for frail elders. Lyn Whyte, Executive Director of the Housing Authority, has volunteered to be the Reading Housing Authority member. This would bring the number to five. Under Item 4a of the agenda, there is a proposed amendment to make the committee into a seven member committee rather than nine members, and the expectation is that we will then get this committee operating with a quorum. b. Climate Chance Task Force - We have three applicants for this five member task force, and Chairman Camille Anthony is working on some additional members. The Board can consider and appoint the three people who have applied, and the task force can then get started. 4a. Amend Policv - Nurse Advocacv Committee - Please see the explanation in 3a. above. 4b. Heariniz - Heavv Vehicle Exclusions: Linden Street and Bancroft Avenue - In trying to be proactive relative to any potential impact of the Downtown Improvement Program, we have asked the Mass. Highway Department to allow a Heavy Vehicle Exclusion on Linden Street and Bancroft Avenue from Woburn Street to Lowell Street. 3,4'4 Town of Reading 16 Lowell Street Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager&i.reading.ma.us MEMORANDUM TO: Conservation Commission Board of Health Municipal Light Board Superintendent of Schools FROM: Peter I. Hechenbleikner DATE: June 9, 2005 TOWN MANAGER (781) 942-9043 RE: Policy Establishing an Ad Hoc Committee to Evaluate Participation in the "Cities for Climate Protection" Program Attached is a copy of the policy adopted by the Board of Selectmen establishing the above noted committee. The Board of Selectmen would like to have, as soon as possible, a recommendation from you for a member representing your Board, Committee or Commission. Please let me know who your recommendation would be at your earliest convenience. PIH/ps Policy establishinz an ad hoc Committee to evaluate participation in the "Cities for Climate Protection"Proeram (Committee) There is hereby established a five (5) member ad hoc Committee to evaluate participation in the "Cities for Climate Protection" Program (Committee), and to make recommendations to the Board of Selectmen on the feasibility of participating in such a program. The terms of the ad hoc committee shall expire on November 30, 2005, unless extended by the Board of Selectmen. The International Council for Local Environmental Initiatives (ICLEI) has established a "Cities for Climate Protection" program, which works with cities, towns, and counties to reduce the pollution that causes global warming. The program is comprised of 5 actions: 1. Conduct a local emissions inventory of greenhouse gas emission. 2. Adopt an emissions reduction target. 3. Identify local actions that achieve the target. 4. Implement action plan policies and actions. 5. Quantify and report benefits created. In the United States 154 cities, towns, and counties participate in the program at present. Those cities and towns located in Massachusetts include, Amherst, Arlington, Barnstable, Boston, Brookline, Cambridge, Falmouth, Gloucester, Lenox, Lynn, Medford, Natick, Newton, Northampton, Salem, Shutesbury, Somerville, Springfield, Watertown, Williamstown, and Worcester. The ICLEI requests that its members "cut 20 million tons of global warming pollution and cut $400 million from energy and fuel costs for their communities." In selecting the Committee membership of 5 members, the Board of Selectmen shall appoint all members and shall attempt to fill the positions as follows: ➢ One member designated by the Board of Selectmen; ➢ One member recommended by the Conservation Commission; ➢ One member recommended by the Board of Health; ➢ One member recommended by the Reading Municipal Light Board; ➢ An educator recommended by the School Department; ➢ One resident of the community who does not represent the above groups, and who has expertise in, conservation, environmental affairs, energy, or other areas of expertise which, in the opinion of the Board would be helpful in meeting the Committee's mission. The mission of the ad hoc Committee to evaluate participation in the "Cities for Climate Protection" Program is to advise the Board of Selectmen on whether the Town should participate in this program. The Committee will: 1. Develop a work plan and schedule for accomplishing the Mission of the Committee, and review it and key decision points with the Board of Selectmen; 2. Become thoroughly familiar the Cities for Climate Protection program; 3. Discuss with other communities who participate in the campaign, the advantages and disadvantages of participation; 4. Understand the budget and/or staff cost in participating in the program; 5. Make a recommendation to the Board of Selectmen; 6. Make a final report to Town Meeting. Staff will be assigned by the Town Manager to work with the Committee. The Committee will be considered to be part of the Department of Community Services for Administrative purposes. The services of Town Counsel, and other expertise will be available through the Town Manager. The ad hoc committee will make a final report to the Board of Selectmen no later than October 30, 2005, except as the Board of Selectmen may extend that date. Adopted 6-7-05 Town of Reading 16 Lowell Street Reading, MA 01867-2685 FAX: (781) 942-9071 TOWN MANAGER Email: townmanager@ci.reading.ma.us (781) 942-9043 VOLUNTEER VACANCY TOWN OF READING AD HOC COMMITTEE TO EVALUATE PARTICIPATION IN THE "CITIES FOR CLIMATE PROTECTION" PROGRAM Five vacancies with terms expiring November 30, 2005, exist on the Ad Hoc Committee to evaluate participation in the "Cities for Climate Protection" Program. The vacancies are for one member designated by the Board of Selectmen; one member recommended by the Conservation Commission; one member recommended by the Board of Health; one educator recommended by the School Department; one member recommended by the Reading Municipal Light Board; and one resident of the community who has expertise in conservation, environmental affairs, 'energy or other areas that would be helpful in meeting the Committee's mission. Interested persons may apply at the Town Clerk's Office, 16 Lowell Street, Reading, Massachusetts by 5:00 p.m. on June 27 or until the vacancies are filled. 0 0 -r: C-: O C7 ~ I'ri C/) CI'i 3 !(tf' APPLICATION FOR APPOINTMENT TO BOARDS/COMMITTEES/COMMISSIONS Name:_Snvder. Gina Date: (Last), (First) Address: 11 Jadem Terrace Tel. (Work)_617-918-1837 (Is this num Occu#atiou:_Environmental_Enj~ineer Are you a registered voter in Reading? ves 7-18-05 Tel. (Home) 781-944-3874 ber listed?) yes # of years in Reading:_ 17 e-mail address: bogina03(&,earthlink.net Preferred position(s): 1 Ad Hoc Committee to Investigate Cities for Climate Protection Program Please outline relevant experience for the position(s) sought: I am an environmental engineer with the U.S. Environmental Protection Agency where I work in the assistance office helping companies and institutions who are interested in putting environmentally green and sustainable practices in place. Since 1993, I've worked with many companies and several universities implementing environmental management plans. I have also participated on an award-winning team at the EPA, to implement an environmental management system at our regional office. This effort began with an overall review of the environmental aspects and impacts of our office operations, including the fleet of field vehicles, the F VAC systems, and general office operations. The team developed policies and implemented measures to achieve quantifiable reductions in local greenhouse gas emissions and improve air quality, as well as to conserve resources. Through this project, I also developed an understanding of the constraints for a public entity addressing sustainability issues. I have also completed training and participated in the New England Regional Office's global climate change outreach programs during the previous administration and have continued to review current articles in the scientific literature regarding climate change- I would be hapov to provide further details, vlease feel free to contact me at the above 3 -dr JUN 16 F" 4*, 20 APPLICATION FOR APPOINTMENT TO BO S/COMMITTEES/COMMISSIONS Name: s~ cX 011.6 (Last) (First) (Middle) Address: X7 Occupation: ,..-e-ae- XU, - Date: 6 Tel. (Home) `781 ?elcl 7T51 Tel. (Work)_ _Zg / . 721 7,0 20 (Is this number listed?) v s # of years in Reading: Are you a registered voter in Reading? C/ e S e-mail address: . Place a number next to your preferred position(s) (up to four choices) with #1 being your first priority. O's (Attach a resume if available.) Advisory Council Against the Misuse and Abuse of Alcohol, Tobacco and Other Drugs Aquatics Advisory Board Audit Committee Board of Appeals Board of Cemetery Trustees Board of Health Board of Registrars Bylaw Committee Celebration Committee Commissioner of Trust Funds Community Planning & Development Comm. Conservation Commission Constable Contributory Retirement Board Council on Aging Cultural Council Custodian of Soldier's & Sailor's Graves Finance Committee Historical Commission Housing Authority Human Relations Advisory Committee Land Bank Committee MBTA Advisory Committee Metropolitan Area Planning Council Mystic Valley Elder Services Recreation Committee RMLD Citizen Advisory Board Solid Waste Advisory Committee Telecommunications and Technology Advisory Committee Town Forest Committee Water, Sewer and Storm Water Management Advisory Committee West Street Historic District Commission -Other A n Please outline relevant experience for the position(s) sought: /~V A 9 delw~ s 0 s4w-~I~ Page 1 oft Hechenbleikner, Peter From: Stephen A. Goldy [sgoldy@sgoldy.com] Sent: Thursday, June 16, 2005 3:39 PM To: Fink, Fran; Tafoya, Ben; Harold Torman - W; Hechenbleikner, Peter; Doug Greene; Jamie Maughan; Leo Kenney; mlwetzel@yahoo.com; Rebecca Longley new; Will Finch; William Hecht Subject: Re: Conservation Agenda for June 22 Fran, I will volunteer for the ad hoc committee for the greenhuse gas control initiative. Please let me know what I need to do next. Thanks, Steve Original Message From: Fink. Fran To: btafova )comcast.net ; Harold Torman - W ; Hechenbleikner. Peter ; Doua Greene ; Jamie Maughan ; Leo Kennev ; mlwetzelCc-)vahoo.com ; Rebecca Longlev new ; Stephen Goldv ; Will Finch ; William Hecht Sent: Thursday, June 16, 2005 11:12 AM Subject: Conservation Agenda for June 22 Here is the latest agenda. After this we get a two week break! Fran 6/20/2005 Town of heading 16 Lowell Street Reading, MA 01867-2686 FAX: (781) 942-9071 Email: townmanager&l.reading.ma.us MEMORANDUM DATE: July 22, 2005 TO: Board of Selectmen I),~ FROM: Peter I. Hechenbleilaler RE: July 26, 2005 Selectmen's Meeting TOWN MANAGER (781) 942.6643 2a. Proclamations/Certificates of Appreciation - There are four volunteers for the Town who are retiring after more than five years of service. The Board traditionally provides these volunteers with a Certificate of Appreciation for their efforts. 3a. Personnel & Appointments Nurse Advocacv Committee - There are four members appointed to a nine member committee to evaluate the need for a Nurse Advocacy Program for frail elders. Lyn Whyte, Executive Director of the Housing Authority, has volunteered to be the Reading Housing Authority member. This would bring the number to five. Under Item 4a of the agenda, there is a proposed amendment to make the committee into a seven member committee rather than nine members, and the expectation is that we will then get this committee operating with a quorum. 3b. Climate Chance Task Force - We have three applicants for this five member task force, and Chairman Camille Anthony is working on some additional members. The Board can consider and appoint the three people who have applied, and the task force can then get started. 4a. Amend Policv - Nurse Advocacv Committee - Please see the explanation in 3a. above. 4b. Hearing - Heavv Vehicle Exclusions: Linden Street and Bancroft Avenue - In trying to be proactive relative to any potential impact of the Downtown Improvement Program, we have asked the Mass. Highway Department to allow a Heavy Vehicle Exclusion on Linden Street and Bancroft Avenue from Woburn Street to Lowell Street. qw4tl 2 The Mass. Highway Department has approved a Heavy Vehicle Exclusion on Linden Street, and has indicated that they would allow a Heavy Vehicle Exclusion for nighttime on Bancroft Avenue. The Parking, Traffic and Transportation Task Force has reviewed this matter and would recommend approval by the Board of Selectmen. 4c. Joint Discussion with Zoning Board of Anneals - A Cross Street resident had met with the Board of Selectmen to review concerns related to filing an application to the Zoning Board of Appeals. Attached is a copy of the package of material that applicants are given as well as material that Ms. McCulley previously gave to the Board. We have asked the Zoning Board of Appeals to come in and discuss this process and procedure. The goal will be to see whether the material provided to the residents is easy enough to understand. 4d. Review of RPD "Most Wanted" Web Site - Please see the attached material from Chief Cormier. The Police Department is interested in posting on the Police Department web site a "Most Wanted" page. I would be interested in the Board's view on proceeding with this project. 4e. Review of Proposed Land Acauisition - Kieran Road - The attached map shows a parcel of land known as Plat 205, Lot 2 consisting of 10.41 acres at the end of Kieran Road. The property is surrounded on three sides by other property owned by the Town of Reading. The Town has been approached by the property owner to see if we are interested in buying it. The Conservation Administrator has talked with the Conservation Commission and Town Forest Committee representatives, and the consensus is that it will be a good parcel of land for the Town to own. It is not buildable because of wetland conditions. We have checked and would not be able to file under the State Self Help Program for a grant for land acquisition in this grant cycle. However, there is another cycle available this Fall. The Town would have to come up with 45% of the acquisition costs under this program. We are also exploring the State Water Protection Fund to see if we could get funds for acquisition under that program. If there is no opposition from the Board of Selectmen, we will proceed to make application and work with the property owner to acquire this property. Obviously, this would require further action by the Board of Selectmen and probably Town Meeting at a later date. 4f. Schedule Board of Selectmen Retreat - August 16 or August 30? - Chairman Camille Anthony has indicated an interest in having a Selectmen's Retreat and suggests the dates of either August 16 or August 30 when you do not otherwise have a Selectmen's Meeting on a Tuesday night. Chairman Anthony will develop an Agenda for the Retreat, and is looking for input from the Board on items to be included on the Agenda. PIH: hn „ i LEGAL NOTICE TOWN' OF READING To the..lnhab.itants of the Town of Reading: Please take notice..that the Board of Selectmen of the Town of Reading will hold a' public . hearing on Tuesday, July .26, 2005 at 8:15 p.m. 'in the; Selectmen's :Meeting .Room,, 16 Lowell S.tre.et, Reading,' j Ma6sachusetts.:.6 He.av Vehicle Exclusioris:on Linden and Bancroft Streets. AI'I M16re.sted parties imay appear in person, may submit. .their comments, in writing; .or may.e mail tow.nmanager@ci. reading.ma.us. By order of Peter L Hechonbleikner Town Manager 7/19 /,.b3 )--Tr 295 JUL 14 PH 12' 12 July 13, 2005 Mr. Peter I. Hechenbleilcner Town Manager 16 Lowell Street Reading, MA 01867-2683 Dear Mr. Hechenbleilcner: This is in reference to the Town of Reading's recent request to establish a 24-hour heavy ';i~~nr -C s. :.t c^1'r'i r:~fi A~,on n r, t o c.,v.,, r~.r .fir VID on T R°an~ .,M , L.....,.,.-..,_~•~,~~ _ r . t,~ is. h. C•r,3"mMerc- ad, vehicl a ff Town of Reading. Please be advised that the proposal has been reviewed and it has been determined that we are in agreement with the Town on the Linden Street'request, however we cannot recommend/approve the Bancroft Avenue request at this time. Section I OA-9 of the Massachusetts Amendments to the Manual on Uniform Traffic Control Devices specifically states that truck volume on a particular roadway should be in the 5-8% range, and this figure is 2.1' o on Bancroft Avenue. The Town may elect, however, to request a specific nighttime exclusion on this roadway, since it is primarily residential in nature. Please forward to this office at your earliest convenience a copy of the Town motion/ordinance indicating Board of Selectmen approval of formally adopting the aforementioned HCVE's into the Town's existing Traffic Rules and Orders, and forward it to this office so that we may issue the appropriate permit. If you have any questions regarding this matter, please contact Richard F. Wilson, Regulations Engineer at (617) 973-7368. Sincerely, William R. Bent, P.E. State Traffic Engineer RFW/ L/ 4~ q. MassaehmUs Highway Department - Ten Park Plaza, Boston, MA 02116-3973 - (612) 973-7800 Section 10A-9 Heavy Commercial Vehicle Exclusion A truck exclusion from a municipal way may be authorized provided a suitable alternate route is available. The alternate route shall have an effective width and pavement structure which can safely accommodate the additional truck traffic. In addition the alternate route must meet one of the following conditions: 1. Lie wholly within the community making application, 2. Lie partially in an adjacent community but' only on State Highway, or 3. Lie partially in an adjacent community but have the adjacent community's written approval. An engineering study, as outlined in the Data requested below, must be made. In addition, one or more of the following maybe sufficient justification for a truck exclusion: 1. WARRANTS A. A volume of heavy commercial vehicles, which usually is in the range of five (5) to eight (8) percent, reduces the utilization of the facility and is cause for a substantial reduction in capacity or safety. B. The condition of the pavement structure of the route to be excluded indicates that further repeated heavy wheel loads will result in severe deterioration of the roadway. C. Notwithstanding the foregoing, in certain instances where land use is primarily residential in nature and a municipality has requested an exclusion only during hours of darkness, a specific night exclusion maybe granted. 2. DATA Before the Department can consider an exclusion proposal, the following data must be submitted by the municipality: A. A twenty-four hour consecutive count of all vehicles using the subject street. (If the exclusion is requested for only twelve hours, a twelve-hour count will suffice.) The count shall be broken into one-half hour intervals showing: 1. Commercial vehicles with a carrying capacity over 2 1/2 tons 2. Other vehicles B. Map of the area, with the excluded street marked in red, the alternate route in green. 15- qll~ ld~_ C. Physical characteristics of excluded and alternate streets in question, i.e., length, width, type and condition of surface and sidewalks. D. Types of buildings or property abutting street (Residential, Business, School, Playground, etc.). E. Zoning of Street (Residential, Industrial, etc.). F. Proximity: of :probable alternate route to the proposed excluded route and the additional distance to be traveled using the alternate route. G. Types of control existing on street. H. Hours during which exclusion is to be in effect. 1. A written statement from the municipality as to the need for the exclusion. MARK REARDON CHRISTOPHER ARONIS RICHARD MOYETTE TRUST 52 SANBORN STREET, APT. 407 52 SANBORN STREET, UNIT 408 GANNON FAMILY NOMINEE READING, MA 01867 READING, MA 01867 52 SANBORN STREET, APT. 409 READING, MA 01867 LYNNE O'LEARY KEVIN MCBRIDE KATHRYN FOWLER 52 SANBORN STREET, UNIT 308 52 SANBORN STREET, APT. 309 52 SANBORN STREET, UNIT 401 READING, MA 01867 READING, MA 01867 READING, MA 01867 VIRGINIA RINN CHARLES TWOMEY JR. TRUSTEE MARTIN SCHAUER 52 SANBORN STREET, UNIT 402 52 SANBORN STREET, UNIT 403 52 SANBORN STREET, APT. 404 READING, MA 01867 READING, MA 01867 READING, MA 01867 TRACY COURTEMANCHE JOSEPH CARUSO LISA DELORENZO 52 SANBORN STREET, UNIT 405 52 SANBORN STREET, UNIT 406 52 SANBORN STREET, APT. 301 READING, MA 01867 READING, MA 01867 READING, MA 01867 DORIS MACLEOD READING HOUSING AUTHORITY JUDITH RYAN 52 SANBORN STREET, APT. 302 22 FRANK D. TANNER DRIVE 52 SANBORN STREET, APT. 306 READING, MA 01867 READING, MA 01867 READING, MA 01867 SHARON MCCAULEY ALEXANDER SANTILLI KATHLEEN GEE 52 SANBORN STREET, APT. 307 52 SANBORN STREET, APT. 205 52 SANBORN STREET, APT. 206 READING, MA 01867 READING, MA 01867 READING, MA 01867 CHARLES TWOMEY III JAYNE WILSON JANET ANANIAN 52 SANBORN STREET, APT. 207 52 SANBORN STREET, UNIT 208 52 SANBORN STREET, APT. 201 READING, MA 01867 READING, MA 01867 READING, MA 01867 FRANCIS BURKE GORDON LITTLE ET AL. WILLIAM SOLLITTO 52 SANBORN STREET, APT. 202 52 SANBORN STREET, APT. 203 52 SANBORN STREET, APT. 205 READING, MA 01867 READING, MA 01867 READING, MA 01867 KIMBERLY MURPHY PAUL PUSTORINO MARIAN CARLYLE TRUSTEE 24 SQUANTO ROAD 52 SANBORN STREET, APT. 105 65 SAND ISLAND LANE WEST PEABODY, MA 01960 READING, MA 01867 OTISFIELD, ME 04270 THEODORE PAPPEY LORINDA COULTER JOHN CRUSCO JR. 29 KURCHIAN LANE 52 SANBORN STREET, #7 52 SANBORN STREET, APT. 101 READING, MA 01867 READING, MA 01867 READING, MA 01867 #41411? MARK RIGAZIO STEPHEN PULEO WALTER STONKUS TRUSTEE 52 SANBORN STREET, APT. 102 80 BANCROFT AVENUE BANCROFT REALTY TRUST READING, MA 01867 READING, MA 01867 P. O. BOX 802 WINCHESTER, MA 01890 ROBERT CURRIER ET AL DIANE NICKERSON KELLY MALIN BANCROFT AVE. REALTY TRUST 73 BANCROFT AVENUE 77 BANCROFT AVENUE P. O. BOX 954 READING, MA 01867 READING, MA 01867 MEREDITH, NH 03253 KENNETH FAULKNER TRUSTEE ANNE BONFANTI CROSBY TRUSTEE EDWARD STANTON JR. 2333 ROSENDALE VILLAGE AVENUE CROSBY FAMILY REALTY TRUST 104 LOWELL STREET HENDERSON, NV 89052 83 BANCROFT AVENUE READING, MA 01867 READING, MA 01867 RALPH ABBOTT ET AL. MELANIE MURPHY BRENDA STANTON 101 BANCROFT AVENUE 52 SANBORN STREET, UNIT 1 52 SANBORN STREET, APT. 2 READING, MA 01867 READING, MA 01867 READING, MA 01867 SARAH COSTELLO CHARLES MARQUARDT CHARLES BURKE 52 SANBORN STREET, APT. 3 52 SANBORN STREET, APT. 4 4 JUNE ROAD READING, MA 01867 READING, MA 01867 STONEHAM, MA 02180 ROBERT SMITH FIRST BAPTIST CHURCH DANIELLE VENEZIANO 53 WOBURN STREET 45 WOBURN STREET 1102 COMMONWEALTH AVENUE READING, MA 01867 READING, MA 01867 BOSTON, MA 02215 DONALD GREEN HAROLD BEEDE ET AL TRUSTEE CMARC SANBORN STREET, INC. 46 WOBURN STREET BEEDE FAMILY TRUS 17 EVERBERG ROAD READING, MA 01867 81 WHEELWRIGHT ROAD WOBURN, MA 01801 HAMPSTEAD, NH 03841 WILLIAM THOMSON GEORGE SHANNON ALBERT LEONCELLO ET AL. 48 LINDEN STREET 54 LINDEN STREET 58 LINDEN STREET READING, MA 01867 READING, MA 01867 READING, MA 01867 ARTHUR FRASER JOHN PAGLIUCA JEFFREY WOOD 62 LINDEN STREET 68 LINDEN STREET 72 LINDEN STREET READING, MA 01867 READING, MA 01867 READING, MA 01867 THEODORE CARTWRIGHT JEFFREY CHASSE MAUREEN SATERIALE 76 LINDEN STREET 82 LINDEN STREET 6 MIDDLESEX AVENUE READING, MA 01867 READING, MA 01867 READING, MA 01867 LYNDA BUSSOLARI DAVID TALBOT WILLIAM D. GILLIS JR. 60 LOWELL STREET 73 LINDEN STREET 69 LINDEN STREET READING, MA 01867 READING, MA 01867 READING, MA 01867 HENRY BARDOL GEORGE PAPADOPOULOS H B DEVELOPMENT 62 SANBORN STREET 79 WOBURN STREET 73-75 WOBURN STREET READING, MA 01867 READING, MA 01867 READING, MA 01867 FAN WU J P MORGAN CHASE BANK CURTIS BARNES 8 BANCROFT STREET TRUSTEE 11 BANCROFT STREET READING, MA 01867 10 BANCROFT AVENUE READING, MA 01867 READING, MA 01867 JOHN WARD EARLE LIVINGSTONE JR. MARILYN GILLIGAN 14 BANCROFT AVENUE 18 BANCROFT AVENUE 30 BANCROFT AVENUE READING, MA 01867 READING, MA 01867 READING, MA 01867 DONALD WOOD ET AL TRUSTEES MICHAEWL ZWICKER JAMES SMITH WOOD-LECONTI REALTY TRUST 42 BANCROFT AVENUE 44 BANCROFT AVENUE 34 BANCROFT AVENUE READING, MA 01867 READING, MA 01867 READING, MA 01867 KENNETH FRASER ROBERT DEVANEY DAVID BISHOP 48 BANCROFT AVENUE 52 BANCROFT AVENUE 56 BANCROFT AVENUE READING, MA 01867 READING, MA 01867 REACHING, MA 01867 TIMOTHY HANNIGAN RICHARD HOYT JAMES QUEENEY 60 BANCROFT AVENUE 8 CLIFF STREET 28 MT. VERNON STREET READING, MA 01867 WINCHESTER, MA 01890 READING, MA 01867 RICHARDS FAMILY TRUST FREDERICK SHEA MARJORIE FOYE 27 MT. VERNON STREET 25 BANCROFT AVENUE 29 BANCROFT AVENUE READING, MA 01867 READING, MA 01867 READING, MA 01867 JOHN STOSEZ SEAN O'BRIEN PRISCILLA POEHLER P. O. BOX 111 37 BANCROFT AVENUE 43 BANCROFT AVENUE READING, MA 01867 READING, MA 01867 READING, MA 01867 MICHAEL MONAHAN SCOTT SEWALL JOSEPH MCHUGH 47 BANCROFT AVENUE 51 BANCROFT AVENUE 28 MIDDLESEX AVEI\ READING, MA 01867 READING, MA 01867 READING, MA 01867: w' READING NEIGHBORHOOD MAP ` tom.."......._. • n f L ffl _..1 i '1 t ,mod` 1f fiat P.; f t ( ` It t \ ,5 ' i. Z "T i0a ` 1 i f'I aTR rP `f 1 ! a E ACEM ST F EE .1 its t 7 - dl Lz, : „ f ti rte" t rti qtr ,i c~'•",, r pL~~sANT -Er t 1 t Y e p•' i.. t l 1 ~QG6 ✓ GQiT U) -Y AUJU F 7- O 4 s` "fit \1\ r: d tf 1 6L Legend Map by: Town of Reading Parcels a Trail Map date: Fence Data are for planning A..._j Town Boundary Buildings purposes only. Railroad Sidewalks . Hedge Roads Driveway C~3 Trees a Bridge Retaining Wall Streams I I Paved ooctoo Wall Open water o 120 240 480 l I Unpaved Path Wetlands Ft 2 The Mass. Highway Department has approved a Heavy Vehicle Exclusion on Linden Street, and has indicated that they would allow a Heavy Vehicle Exclusion for nighttime on Bancroft Avenue. The Parking, Traffic and Transportation Task Force has reviewed this matter and would recommend approval by the Board of Selectmen. 1 4c. Joint Discussion with Zoning Board of Anneals - A Cross Street resident had met with the Board of Selectmen to review concerns related to filing an application to the Zoning Board of Appeals. Attached is a copy of the package of material that applicants are given as well as material that Ms. McCulley previously gave to the Board. We have asked the Zoning Board of Appeals to come in and discuss this process and procedure. The goal be to see whether the material provided to the residents is easy enough to understand. will 4d. Review of RPD "Most Wanted" Web Site - Please see the attached material from Chief Cormier. The Police Department is interested in posting on the Police Department web site a "Most Wanted" page. I would be interested in the Board's view on proceeding with this project. 4e. Review of Proposed Land Acouisition - Kieran Road - The attached map shows a parcel of land known as Plat 205, Lot 2 consisting of 10.41 acres at the end of Kieran Road. The property is surrounded on three sides by other property owned by the Town of Reading. The Town has been approached by the property owner to see if we are interested in buying it. The Conservation Administrator has talked with the Conservation Commission and Town Forest Committee representatives, and the consensus is that it will be a good parcel of land for the Town to own. It is not buildable because of wetland conditions. We have checked and would not be able to file under the State Self Help Program for a grant for land acquisition in this grant cycle. However, there is another cycle available this Fall. The Town would have to come up with 45% of the acquisition costs under this program. We are also exploring the State Water Protection Fund to see if we could get funds for acquisition under that program. If there is no opposition from the Board of Selectmen, we will proceed to make application and work with the property owner to acquire this property. Obviously, this would require further action by the Board of Selectmen and probably Town Meeting at a later date. 4f. Schedule Board of Selectmen Retreat - August 16 or August 30? - Chairman Camille Anthony has indicated an interest in having a Selectmen's Retreat and suggests the dates of either August 16 or August 30 when you do not otherwise have a Selectmen's Meeting on a Tuesday night. Chairman Anthony will develop an Agenda for the Retreat, and is looking for input from the Board on items to be included on the Agenda. PIH:hn 14cd - TOWN OF READING INSTRUCTIONS & REOUIREMENTS FOR PETITIONS SUBMITTED TO THE ZONING BOARD OF APPEALS You have the right to apply for a Variance from the Town Zoning By-Laws, to apply for a Special Permit, or to appeal a decision/order of the Building Inspector. All such applications must be submitted-to the office of Community Development at the Town Hall and must include 10 separate packets. We need one (1) original packet and nine (9) copies. Each packet must contain each of the following: APPLICATION FORM (ATTACHED) COPY OF THE BUILDING PERMIT APPLICATION (IF APPLICABLE) COPY OF THE BUILDING INSPECTOR'S DENIAL OF BUILDING PERMIT (IF APPLICABLE) THE BUILDING INSPECTOR'S ORDER LETTER OR DECISION LETTER FROM WHICH YOU ARE APPEALING. (IF APPLICABLE) IF APPEALING AN ORDER OR DECISION FROM THE BUILDING INSPECTOR, AND APPLICATION MUST BE SUBMITTED WITHIN 30 DAYS FROM THE DATE OF SUCH ORDER OR DECISION. INCLUDE A SUPPORTING STATEMENT EXPLAINING YOUR POSITION. CERTIFIED PLOT PLAN (INSTRUMENT SURVEY) BY A REGISTERED LAND { STRVEYOR. (IF APPLICABLE) THIS MUST BE PROVIDED IF SEEKING A DIMENSIONAL OR SET-BACK VARIANCE AND/OR SPECIAL PERMIT IN CONNECTION WITH PROPOSED ADDITIONS/NEW BUILDINGS. THE PLOT PLAN MUST SHOW PROPOSED STRUCTURE AND INDICATE DISTANCES FROM ALL LOT LINES. IF APPLICABLE, PROVIDE WETLAND AREA DELINEATION AND DISTANCES. COPY OF ASSESSOR'S MAP UPON WHICH THE SUBJECT PROPERTY IS LOCATED AND ANY OTHER MAPS LISTED ON THE ABUTTERS LIST. CERTIFIED ABUTTERS LIST APPROVED BY BOARD OF ASSESSORS. SUBMIT A "REQUEST" FOR ABUTTERS LIST" TO THE BUILDING DEPARTMENT (FORM ATTACHED) ALL PLANS NECESSARY TO CLARIFY YOUR REQUEST (i.e. BUILDING PLANS, FLOOR LAYOUT, PARKING LAYOUT) IN ADDITION TO THE ABOVE. YOU MUST ALSO SUBMIT THE FOLLOWING: TWO SETS OF BUSINESS• SIZE ENVELOPES STAMPED AND ADDRESSED TO EACH ABUTTER ON THE CERTIFIED ABUTTERS LIST. We will add our return address. Envelopes must-be sorted in two piles in the order as they appear on the abutters list. Be sure to include envelopes for the subject property even if it is yours. APPLICATION FEE OF $90. CHECKS ARE PAYABLE TO: TOWN OF READING. IN CASE OF MUNICIPAL REUSE, TOWNHOUSE DEVELOPMENT, COMPREHENSIVE PERMIT, OR OTHER MAJOR HEARING, THE FEE SHALL BE $200. ldcsVwp\zoning\bdapp.sam r Page 2 TOWN OF READING INSTRUCTIONS & REOUIREMENTS FOR PETITIONS, SUBMITTED TO THE ZONING BOARD OF APPEALS Following the submittal of ALL the required information outlined on the previous page, your appeal to the Board has begun. The Board of Appeals is governed by Massachusetts General Laws, (MGL) Chapter 40A. This statute provides the guidelines by which the Board operates. Once the application is complete, as determined by the Director of Community Development or authorized agent, a hearing date will be set. Notice of your appeal hearing must be advertised in the Reading Chronicle for-two consecutive weeks. THE COST OF WHICH IS BORNE BY THE APPLICANT. The hearing will be held in most instances in the Selectmen's Meeting Room at the Town Hall, and is open to the public. At the hearing, the applicant or his/her agent must make a presentation of facts in support of the petition. .If you are requesting a VARIANCE, MGL, Chapter 40A, Section 10, requires that the following four criteria must all be met in order for the Board to grant the VARIANCE. Your presentation must address each of these points: 11...owi.ng to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not afecting generally the zoning district in which it is located a literal enforcement of the provisions of the..'.by- law would involve substantial hardship, financial or otherwise, to -the petitioner or appellant, and that... ...desirable relief may be granted without substantial detriment to the public good and; without nullifying or substantially derogating from the intent or purpose of such ...by-law." If you are requesting a SPECIAL PERMIT, the applicable Section of the Zoning By-law should be read since, in some instances, there are criteria or additional information required that must be shown to the Board in order to approve your petition. If you have any questions, please consult the Building Inspector. Again, a statement of the facts supporting your request must be presented to the Board. Page 3 TOWN OF READING INSTRUCTIONS & REOUIREMENTS FOR PETITIONS SUBMITTED TO THE ZONING BOW OF APPEALS After hearing all pertinent information, including testimony of abutters present, the Board votes on your petition. If your request if GRANTED, the Board has 14 days to submit its written decision to the Town Clerk. From the date of the submittal to the Town Clerk, a period of Twenty (20) days must--elapse. This 20 days allows for any appeal of the Board's decision. At the end of the 20 days, the Town Clerk certifies that there has been no appeal filed on your petition. YOU are then required to record the decision at the Middlesex South Registry of Deeds, Cambridge, MA, in accordance with MGL Chapter 40A, Section 11. YOU must present evidence of that recording to the Building Inspector in order to obtain your building permit. If your request is DENIED, the Board has 14 days in order to submit its written decision to the Town Clerk. An appeal of this decision must be taken within 20 days from the date the decision is recorded at the Town Clerk. This appeal is filed at the Court having jurisdiction with notification to the Town Clerk within that 20 day period. For further information concerning this process, consult MGL, Chapter 40A, Section 17. Authorization. granted by a VARIANCE shall lapse if not exercised within one year, however, an extension of time, not to exceed 6 months, may be granted by the Board, if such a request is submitted prior to the elapsed date. Authorization granted by a SPECIAL PERMIT shall lapse after two C years if not exercised Town of Reading 16 Lowell Street Community Development Reading, MA 01867-2685 Phone: (781)942-9010 Fax: (781)942-9070 Website: www.ci.reading.ma.us TO: ASSESSORS OFFICE R.EOVEST FOR CERTIFIED ABUTTERS LIST Subject Property: Address: Assessors' map lot Applicant: Name: Address: Telephone: Board or Commission for which this request is made (check all that are applicable): Zoning Board of Appeals: Variance Special Permit Appeal Community Planning and Development Commission: Site Plan Review Special Permit Subdivision Conservation Commission: Request for Determination Abbreviated Notice of Resource Area Delineation Notice of Intent Please describe in brief the reason for the request: Applicant's Signature: Date: NOTE: The Assessors' office will require three weeks in order to process and approve this request. Request Authorized: Signature: Department of Community Development a Date: k 0_~ Town of Reading ZONING BOARD OF APPEALS Application for Public Hearing Name of Applicant Applicant's Address: Location of Property: Applicant is (circle one) Owner Owner (If not applicant): Address: Application is for (check one): Phone# Variance from Section Special Permit in accordance with Section Appeal from Decision/Order of Building Inspector (Attach Building Inspector's Letter) Accessory Apartment Special Permit, Section 4.3.2.8 Other: Please specify: Nature and justification for request (attach extra sheet(s) if necessary): I hereby request a hearing before the Zoning Board of Appeals with reference to the above application (Application requires signatures of both owner(s) and agent): Signature of Owner(s) Signature of Agent Office Use Only This application certified complete and authorized for filing with the Town Clerk. Signed: Building Inspector Phone# Agent Tenant Prospective Owner Date: q Ck % January 27, 2005 Mr. Glen Redmond Building Inspector's Office 16 Lowell Street Reading, MA 01867 Dear Mr. Redmond: ~ v This past Monday, January 2e I dropped off two photos that show that the shed on my property at 14 Cross Street has been existing since 1994. The Dowling Family, past owners, were kind enough to give them to me. I also delivered three letters from two abutters and the Dowlings testifying that the shed has been here since 1994 or earlier. Since I have provided you with this proof of age, I would like to know if this is sufficient for you to override the violation of the shed? I have tried you on the phone this week, but we can't seem to connect, so I did leave two messages with Maureen. Sincerely yours,. Debbie Hartman McCulley 14 Cross Street Reading, MA 01867 N G7 February 2, 2005 Mr. Glen Redmond Building Inspector's Office 16 Lowell Street Reading, MA 01867 Dear Mr. Redmond: Per our telephone conversation of January 31, 2005 re shed at 14 Cross St. I have provided you with photos with dates and testimonies from past owners and abutters proving the shed on my property has existed since 1994. I believe you suggested that this was proof enough to not require an appeal before the Zoning Board of Appeals (January 3, 2005 and again on January 18, 2005). Peter Hechenbleikner assured me of the same requirements in a personal meeting on January 21, 2005. Now you have requested that I indeed, make that application to the Board of Appeals for a hearing to look at the same photos and letters to determine that the shed has, in fact, been on that same spot at 14 Cross Street since 1994. This is a step that will cost me hundreds of dollars (filing fee, newspaper ads, survey, 10 sets of copies, abutters postage, assessor map copies). I can understand charging fees for new building, but this is technically a grandfathered structure that has existed for the last three owners. The only reason this violation came to your attention was because of personal harassment by John Appolos, aka Apostolou who is still constructing his property next door to me at 211 Main Street since 2001. I have written a formal request for documentation from my mortgage attorneys, and they are currently researching a copy of the plot plan. I hope to have a copy in the next week. In the meantime, would you like the incomplete application re-submitted to you again? I am stilt awaiting the survey, and it may take some time since it is being handled by an outside entity. I am writing to make a written record that I have acknowledged your letter of violation as well as the fine you issued to me on January 27`h, 2005. Sincerely yours, Debbie Hartman McCulley 14 Cross Street Reading, MA 01867 cc: Zoning Board of Appeals Members Selectmen & Town Manager 4 (/q Timeline of Notice of Shed Violation, 14 Cross Street, Reading, MA 01867 Friday, December 10, 2004 Received notice of certified mail from Town of Reading Saturday, December 11 Picked up letter stating the violation at Post Office Monday, December 13 Called Building Inspector 3 times, not available Tuesday, December 14 Called Building Inspector twice, returned call at 9:30 AM Told me I had three weeks to respond to violation without fines. Pick up application # 17 and fill it out. Monday, January 3, 2005 Dropped off package # 17 with 10 of each items requested. Friday, January 14 Received abutter's list signed by G. Redmond Wednesday, January 19 Stopped in at Town Hall to inquire about hearing and found application package had not been acted upon. Received my envelope with scribbled notes on the back that the application was incomplete. First I had heard of this - no letter, no calls. Called Paul Dustin, ZBA requesting a clarification need for a ZBA review. He suggested I talk with Town Manager for clarification. Friday, January 21 Meeting with Peter Hechenbleikner to clarify need for an appeal due to the grandfathering issue. P. H. stated that dated photos would be excellent proof of ten year grandfathering clause. Friday, January 24 Dropped off Dowling letter and photos dated 1993, 1995 to Building Inspector from the Dowlings. Abutter Crowley letter delivered to Building Inspector's office and M. Knight verifying age of shed. Monday, January 27 Received $25 violation certified mail. Letter from Abutter, Mike Berton delivered to Building Inspector's Office verifying age of shed. February 8 Letter received from Town Manager to DHM demanding I submit an application to go before Zoning Board of Appeals. February 9 Brought application to M. Knight with question about abutters list. Ms. Knight threatened that "we'll fine you again" if I did not file the application that day. She could not answer question about process regarding the 76 abutters on the list. I asked her to take the completed application without the envelopes, she refused. Town Manager's secretary could not answer question regarding abutters. Sent to Assessor's Office for clarification at 4:45 PM. Received answer about abutter's distance (300 feet, 76 abutters). Feb 10 2005 Filed complete application with fee of $90.00 and 76 abutters envelopes with postage of $56.24 and $9.56 in copies and maps. Feb 11 Received second violation notice dated February 10 for $50. February 17 First call from M. Knight stating I must provide three more maps # 20, #35, #19 and one stamp. February 18 Purchased additional three maps from Engineering Dept for copying $4.50 February 19 Maps #20, #35, #19 and 10 copies of each plus one stamped envelope was provided to Building inspector's Office at cost of $13.87. February 12 Letter from Town Clerk regarding violation will become a criminal complaint if not paid in three weeks. March 15 Served with violation fine by Town Constable. March 17, 2005 Meeting before the Zoning Board of Appeals who determined there was no violation per bylaw 6.3.2.4 Abutters McCulleys, Crowleys, Durans, Griffins present at meeting in support of existing shed. Sworn affidavit received from Dowlings who could not be present. Letters of support received from Bertones, Patels. Apollos, complaintant present at meeting without supporters. Costs of filing for Zoning Board of Appeal: $ 169.30 Advertisement for Newspapers 99.00 Fines due to violation 75.00 Total without attorney fees $343.30 Attornev's fees for Annearance + $380.00 Total for Non-violation $723.30 kO Lk C/ Timeline of Notice of Shed Violation, 14 Cross Street, Reading, MA 01867 Friday, December 10, 2004 Received notice of certified mail from Town of Reading Saturday, December 11 Picked up letter stating the violation at Post Office Monday, December 13 Called Building Inspector 3 times, not available Tuesday, December 14 Called Building Inspector twice, returned call at 9:30 AM Told me I had three weeks to respond to violation without fines. Pick up application # 17 and fill it out. Monday, January 3, 2005 Dropped off package # 17 with 10 of each items requested. Friday, January 14 Received abutter's list signed by G. Redmond Wednesday, January 19 Stopped in at Town Hall to inquire about hearing and found application package had not been acted upon. Received my envelope with scribbled notes on the back that the application was incomplete. First I had heard of this - no letter, no calls. Called Paul Dustin, ZBA requesting a clarification need for a ZBA review. He suggested I talk with Town Manager for clarification. Friday, January 21 Meeting with Peter Hechenbleikner to clarify need for an appeal due to the grandfathering issue. P. H. stated that dated photos would be excellent proof of ten year grandfathering clause. Friday, January 24 Dropped off Dowling letter and photos dated 1993, 1995 to Building Inspector from the Dowlings. Abutter Crowley letter delivered to Building Inspector's office and M. Knight verifying age of shed. Monday, January 27 Received $25 violation certified mail. Letter from Abutter, Mike Berton delivered to Building Inspector's Office verifying age of shed. February 8 Letter received from Town Manager to DHM demanding I submit an-application to go before Zoning Board of Appeals. February 9 Brought application to M. Knight with question about abutters list. Ms. Knight threatened that "we'll fine you again" if I did not file the application that day. She could kkc~kk not answer question about process regarding the 76 abutters on the list. I asked her to take the completed application without the envelopes, she refused. Town Manager's secretary could not answer question regarding abutters. Sent to Assessor's Office for clarification at 4:45 PM. Received answer about abutter's distance (300 feet, 76 abutters). Feb 10 2005 Filed complete application with fee of $90.00 and 76 abutters envelopes with postage of $56.24 and $9.56 in copies and maps. Feb 11 Received second violation notice dated February 10 for $50. February 17 First call from M. Knight stating I must provide three more maps # 20, #35, #19 and one stamp. February 18 Purchased additional three maps from Engineering Dept for copying $4.50 February 19 Maps #20, #35, #19 and 10 copies of each plus one stamped envelope was provided to Building inspector's Office at cost of $13.87. February 12 Letter from Town Clerk regarding violation will become a criminal complaint if not paid in three weeks. March 15 Served with violation fine by Town Constable. March 17, 2005 Meeting before the Zoning Board of Appeals who determined there was no violation per bylaw 6.3.2.4 Abutters McCulleys, Crowleys, Durans, Griffins present at meeting in support of existing shed. Sworn affidavit received from Dowlings who could not be present. Letters of support received from Bertones, Patels. Apollos, complaintant present at meeting without supporters. Costs of filing for Zoning Board of Appeal: $ 169.30 Advertisement for Newspapers 99.00 Fines due to violation 75.00 Total without attorney fees $343.30 Attornev's fees for Annearance + $380.00 Total for Non-violation $723.30 70 A (j\ V Town of Reading 16 Lowell Street Reading, MA 01867-2683 a ZONING VIOLATION Town of Reading Zoning By-Laws Certified mail # 7003 0500 0000 6864 7392 Date: 12/03/04 Address: 14 Cross St map 0027 . par 0002 Time: 9:00am Community Development (781) 942-9010 Fax (781) 942-9070 Nature of Violation: Zoning By-law Town of Reading section 5.2.3.4 No building shall be located within a required front yard. You are hereby Notified: To contact this office within 48 hours of this notice Notice served to: Richard J. Mcculley 14 Cross St Readialg, Ma, 01867 Failure to comply with this notice will result in further legal action. A second notice will result in a fine being issued. c~! Zoning Enforcement Officer 1q, r ~ G`3. FAVALORO & .ASSOCIATES ATroHNSYs AT Lew MARK J. FAVALORO STEVEN G. MANGHINI MATTHEW M. MAcKOUL, OF COUNSELt WILLIAM F. CROWLEY, OF COUNSEL 'ALSO ADMITTED IN CALIFORNIA PARK PLACE EAST 348 PARK STREET, SUITE 202 NORTH READING, MA 01864 WWW.FAVLAW.GOM TELEPHONES: (978) 664-1000 (781) 944-2729 FACSIMILE: (978) 664-3953 March 23, 2005 Debbie Hartman McCulley 14 Cross Street Reading MA 01867 FOR PROFESSIONAL SERVICES In Reference To: (05-180) Zoning Board of Appeals Matter Invoice #8844 Professional Services 3/17/05 SGM Preparation for and representation at Reading Zoning Board of Appeals Hearing, Reading, Massachusetts. Amount For professional services rendered $380.00 TERMS:. Net 10 days. A finance charge of 1% per month will accrue on all overdue balances. Please include File Reference Number on your check and make payable to FAVALORO & ASSOCIATES. kLk " kkG THANE YOU FOR YOUR BUSINESS. IT IS GREATLY APPRECIATED. f Town of Reading ZONING BOARD OF APPEALS Application for Public Hearing ,z~~.g, ~o Phone# Name of Applicant2~ u Applicant's Address: T C4-117-s41 IP4"_' A4 d i rr6 ~ Location of Property: Applicant is (circle one~Owner Agent . Tenant Prospective Owner Owner (If not applicant): Phone# Address: Application is for (check one): Variance from Section Special Permit in accordance with Section V' Appeal from Decision/Order of Building Inspector (Attach Building Inspector's Letter) Accessory Apartment Special Permit, Section 4.3.2.8 Other: Please specify: Nature and justification for request (attach extra she t(s) if ne~essary rr- )M-"A -f /A_ d 1,..~ I hereby request a hearing before the Zoning Board of Appeals with eference to the above application (Application requires signatures of both owner(s) and agent): ?,`V„ Signature of Owner(s) Signature of /Agent') ~`~V Y% IV Office Use Only This application certified complete and authorized for filing with the Town. Clerk`:-` • Signed; Date.. Building Inspector . . a u t V 4 iY W oFR9o'~~ Town of Reading 16 Lowell Street r 5 r Reading, MA 01867-2685 o Gag IncOR40 FAX: (781) 942-9070 Website: wwwA.reading.ma.us REMINDER OF ISSUANCE OF CITATION February 11, 2005 Debbie H. McCulley 14 Cross Street Reading, MA 01867 TOWN CLERK (781) 942-9050 . Please be advised that on February 10`x', you were issued a citation (#3827) by C. Glen Redmond, Building Inspector for the Town of Reading, for violation of Reading Zoning Bylaws, section 5.2.3.4. The citation issued to you stated, in part, that the matter would be finally disposed of provided the fine for each offense of $50.00 was paid to the Town Clerk within twenty-one days of the aforesaid citation. While that period has not yet expired, this office wanted to remind you that you may still elect to pay the fine for such offense to the Town Clerk. Such payment will operate as a final disposition of this matter, with no resulting criminal complaint being brought against you. However, payment of -the fine does not excuse the underlying violation, and in the event the violation continues or occurs again, further citations may be issued or the Town may take such other enforcement action as authorized by law. Please be advised that if the fine described above is not paid within twenty-one days of the date of the original citation, a criminal complaint may be issued against you. ~imcereiy, Chery A. J hnson To Cle,'k cc: C. Glen Redmond Location of Violation: 14 Cross St. -Reading, MA Description of Violation: Accessory building in front yard Please brine or mail this notice with vour )avment Town of Reading 16 Lowell Street Reading; MA 01867-2685 FAX: (781) 942-9071 TOWN MANAGER Email: townmanager@ci.reading.ma.us (781) 942-9043 February 4, 2005 Debbie McCulley 14 Cross Street Reading, MA 01867 Dear Debbie: You have thoroughly confused our staff with the letter that you dropped off yesterday. It is not clear whether I was supposed to respond to it or not, so in the event that you are expecting a response here it is. When you and I talked, I indicated to you that if you had a survey plan, or if you had dated photographs. that clearly showed the existing shed in it's location on the property, that the Building Inspector could use that as evidence that the existing shed existed on that property prior to 1994. I iidicated to you, that if the evidence submitted was not conclusive the Building Inspector would not agree to the "grandfathering" of the shed, but that you could present that evidence to the Zoning Board of Appeals as part of your application. I did see the photographs you presented to the Building Inspector and I personally did not find them adequate to establish the "grandfathering" of the shed. Therefore, until you have a completed application before the Zoning Board of Appeals, you are deemed to be in violation of the Zoning Bylaw, and the Town will continue to enforce. My understanding is that you've received plenty of notice about the violation, and have had more than enough time to secure the necessary surveys and other things needed in order to proceed with this application. I know that. you are an intelligent individual and understand this process and what is being asked of you. Mince ely, Peter L. Hecheizbleikner' PIH%ps ,1.c-+01UAj.u-uuuu-uvuA.u IVIAV UAI-u PARCEL INFORMATION 0wner#1: MCCULLEY RICHARD J Owner#2: DEBBIE H MCCULLEY Address#1:14 CROSS ST Address#2: READING MA 01867 Style: CO Story Height: 2 Roof: - G Ext Wall: WS Masonry Trim' Foundation: ST Heat Type: FA Fuel Type: O Fireplace: 1 Central AC: N Porch Tvoe P SKETCH RESIDENCE # I INFORMATION 13LUUt, UUUU W 10002.0 Use-Code: 101 Tax Class: T Tot Fin Area: 950 Tot Land Area: 0.13 Inspect Date: 4/21/1992 Meas Date: 4/21/1992 Entrance: C Collect ID: JAC Inspect Reas: R Tot Rooms: 6 3 Main Fn Area: Up Fn Area: 598 252 Attic: Bsmt Area: 252 Bedrooms: Full Baths: 1 Add Fn Area: 100 Fn Bsmt Area: Half Baths: Unfin Area: Bsmt Grade: Ext Bath Fix: Tot Fin Area: RCNLD: 41873 Bath Quat: Kitch Qual: S T Eff Yr Built: 1952 Mkt Adj: 1.05 Ext Kitch: Year Built: 1860 Sound Value: !d ' AA0nn Bsmt Gar Cap: Bsmt Gar SF: Aft Gar SF: Porch Area 30 20 P 630 Sq.F 6 Grade: A Cost B g. Condition: A Aft Str Vail: Pct Complete: Att Str Val2: %Good PIRE/R: /95/154 Porch Grade Factor 28 FM 598 Sq.Ft. 5 '13 16 10 FA 100 Sq.Ft. 10 10 10 I'AK(.:EL ADDRESS: 14 CROSS ST Sale Price: 302000 Book: 41471 Sale Date: 1112012003 Page: 0545 Sale Type: P Cert/Doc: Sale Valid: Y Grantor: GRIFFIN BETH M Exempt BIL%: / Resid-13/1%: / Comm-B/L%: i Indust B/L%: 1 Open Sp-B/L%: / i Road Type: Rd Condition: Traffic: ~►i°~ Water. Sewer: LAND INFORMATION ZONE: S45 NBHD CODE: 5 NBHD CLASS: 1 Seg Type Code Method Sq-Ft Acres Influ-YIN Value Class 1 P 101 S 272836 58 - - DETACHED STRUCTURE INFORMATION (Str Unit Msr-1 Msr-2 E-YR-BIt Grade Cond %Good P/F!E Cost class VALUATION INFORMATION 272800 MktLnd: 272800 Current Total: 316800 Bldg: 44000 Land: Land: 260000 MktLnd: 260000 prior Tot: 302400 Bldg: 42400 PHOTO d?b 2 The Mass. Highway Department has approved a Heavy Vehicle Exclusion on Linden Street, and has indicated that they would allow a Heavy Vehicle Exclusion for nighttime on Bancroft Avenue. The Parking, Traffic and Transportation Task Force has reviewed this matter and would recommend approval by the Board of Selectmen. 4c. Joint Discussion with Zoning Board of Anneals - A Cross Street resident had met with the Board of Selectmen to review concerns related to filing an application to the Zoning Board of Appeals. Attached is a copy of the package of material that applicants are given as well as material that Ms. McCulley previously gave to the Board. We have asked the Zoning Board of Appeals to come in and discuss this process and procedure. The goal will be to see whether the material provided to the residents is easy enough to understand. 4d. Review of RPD "Most Wanted" Web Site - Please see the attached material from Chief Cormier. The Police Department is interested in posting on the Police Department web site a "Most Wanted" page. I would be interested in the Board's view on proceeding with this project. 4e. Review of Pronosed Land Acquisition -Kieran Road -'The attached map shows a parcel of land known as Plat 205, Lot 2 consisting of 10.41 acres at the end of Kieran Road. The property is surrounded on three sides by other property owned by the Town of Reading. The Town has been approached by the property owner to see if we are interested in buying it. The Conservation Administrator has talked with the Conservation Commission and Town Forest Committee representatives, and the consensus is that it will be a good parcel of land for the Town to own. It is not buildable because of wetland conditions. We have checked and would not be able to file under the State Self Help Program for a grant for land acquisition in this grant cycle. However, there is another cycle available this Fall. The Town would have to come up with 45% of the acquisition costs under this program. We are also exploring the State Water Protection Fund to see if we could get funds for acquisition under that program. If there is no opposition from the Board of Selectmen, we will proceed to make application and work with the property owner to acquire this property. Obviously, this would require further action by the Board of Selectmen and probably Town Meeting at a later date. 4f. Schedule Board of Selectmen Retreat - August 16 or August 30? - Chairman Camille Anthony has indicated an interest in having a Selectmen's Retreat and suggests the dates of either August 16 or August 30 when you do not otherwise have a Selectmen's Meeting on a Tuesday night. Chairman Anthony will develop an Agenda for the Retreat, and is looking for input from the Board on items to be included on the Agenda. PIH:lm c~ d READING POLICE MOST WANTED The Reading Police Website can be viewed at: htto://www.ei.readini2.ma.us/police From there, a vast array of resources for our residents is available to take advantage. A Specific section on the webpage is designed for the posting of wanted persons who committed their crime(s) in the Town of Reading. This page serves two purposes: 1.) To identify persons wanted by the Reading Police Department through Commonwealth of Massachusetts' Warrant Management System (WMS). A brief physical description with a booking photo, description of their crime, and last known Reading address is provided with each individual who is currently wanted by the Reading Police. Once the individual is apprehended or cleared of the warrant, the individual will be removed from the website in a timely and expeditious manner. 2.) This site will also provide the Reading Community an opportunity to assist the police in solving crimes that have occurred in Reading. By posting "crimes in action" whereby still framed images of wanted and unidentified suspects as the crime was captured in progress (i.e.: Bank Robberies, Convenient Store Hold-ups, Shoplifting, etc...) are provided to the police by the victim/business owner. These images are posted on the website and viewed by the general public with the auspicious idea that a viewer may be able to provide further assistance with identification on the crime(s) committed or person(s) in the photos. 3.) Currently, several area police departments are taking similar proactive measures. Utilizing their websites to better inform their communities of wanted persons and criminals captured on camera, posting this information with the hopes of eliciting their assistance whenever possible. Some of these police departments include: Massachusetts State Police; Boston Police; Lynn Police; Waltham Police; Cambridge Police, Barnstable Police, Norton Police, Cohasset Police just to name a few. I ~ Je q 2 The Mass. Highway Department has approved a Heavy Vehicle Exclusion on Linden Street, and has indicated that they would allow a Heavy Vehicle Exclusion for nighttime on Bancroft Avenue. The Parking, Traffic and Transportation Task Force has reviewed this matter and would recommend approval by the Board of Selectmen. 4c. Joint Discussion with Zoning Board of Anneals.- A Cross Street resident had met with the Board of Selectmen to review concerns related to filing an application to the Zoning Board of Appeals. Attached is a copy of the package of material that applicants are given as. well as material that Ms. McCulley previously gave to the Board. We have asked the Zoning Board of Appeals to come in and discuss this process and procedure. The goal will be to see whether the material provided to the residents is easy, enough to understand. 4d. Review of RPD "Most Wanted" Web Site - Please see the attached material from Chief Cormier. The Police Department is interested in posting on the Police Department web site a "Most Wanted" page. I would be interested in the Board's view on proceeding with this project. r 4k. Review of Proposed Land Acauisition = Kieran Road -The attached map shows a parcel of land known as Plat 205, Lot 2 consisting of 10.41 acres at the end of Kieran Road. The property is surrounded on three sides by other property owned by the Town of Reading. The Town has been approached by the property owner to see if we are interested in buying it. The Conservation Administrator has talked with the Conservation Commission and Town Forest Committee representatives, and the consensus is that it will be a good parcel of land for the Town to own. It is not buildable because of wetland conditions. We have checked and would not be able to file under the State Self Help Program for a grant for land acquisition in this grant cycle. However, there is another cycle available this Fall. The Town would have to come up with 45% of the acquisition costs under this program. We are also exploring the State Water Protection Fund to see if we could get funds for acquisition under that program. If there is no opposition from the Board of Selectmen, we will proceed to make application and work with the property owner to acquire this property. Obviously, this would require further action by the Board of Selectmen and probably Town Meeting at a later date. 4f. !Schedule Board of Selectmen Retreat - August 16 or August 30? - Chairman Camille Anthony has indicated an interest in having a Selectmen's Retreat and suggests the dates of either August 16 or August 30 when you do not otherwise have a Selectmen's Meeting on a Tuesday night. Chairman Anthony will develop an Agenda for the Retreat, and is looking for input from the Board on items to be included on the Agenda. PIH:Im READING NEIGHBORHOOD MAP Legend j Town Boundary -+--1 Railroad Roads Bridge Paved Unpaved Parcels Buildings j Sidewalks Driveway Retaining Wall ooooo Wall °°gy°° Path Map by: Town of Reading . e o... Trail Map date: Fence Data are for planning purposes only. ® Hedge ( Trees Streams ' Open water 0 280 560 Wetlands 1120 Ft r rte. 2 The Mass. Highway Department has approved a Heavy Vehicle Exclusion on Linden Street, and has indicated that they would allow a Heavy Vehicle Exclusion for nighttime on Bancroft Avenue. The Parking, Traffic and Transportation Task Force has reviewed this matter and would recommend approval by the Board of Selectmen. 4c. Joint Discussion with Zoning Board of Anneals - A Cross Street resident had met with the Board of Selectmen to review concerns related to filing an application to the Zoning Board of Appeals. Attached is a copy of the package of material that applicants are given as well as material that Ms. McCulley previously gave to the Board. We have asked the Zoning Board of Appeals to come in and discuss this process and procedure. The goal will be to see whether the material provided to the residents is easy enough to understand. 4d. Review of RPD "Most Wanted" Web Site - Please see the attached material from Chief Cormier. The Police Department is interested in posting on the Police Department web site a "Most Wanted" page. I would be interested in the Board's view on proceeding with this project. 4e. Review of Proposed Land Acouisition - Kieran Road - The attached map shows a parcel of land known as Plat 205, Lot 2 consisting of 10.41 acres at the end of Kieran Road. The property is surrounded on three sides by other property owned by the Town of Reading. The Town has been approached by the property owner to see if we are interested in buying it. The Conservation Administrator has talked with the Conservation Commission and Town Forest Committee representatives, and the consensus is that it will be a good parcel of land for the Town to own. It is not buildable because of wetland conditions. We have checked and would not be able to file under the State Self Help Program for a grant for land acquisition in this grant cycle. However, there is another cycle available this Fall. The Town would have to come up with 45% of the acquisition costs under this program. We are also exploring the State Water Protection Fund to see if we could get funds for acquisition under that program. If there is no opposition from the Board of Selectmen, we will proceed to make application and work with the property owner to acquire this property. Obviously, this would require further action by the Board of Selectmen and probably Town Meeting at a later date. 4f. Schedule Board of Selectmen Retreat - August 16 or August 30? - Chairman Camille Anthony has indicated an interest in having a Selectmen's Retreat and suggests the dates of either August 16 or August 30 when you do not otherwise have a Selectmen's Meeting on a Tuesday night. Chairman Anthony will develop an Agenda for the Retreat, and is looking for input from the Board on items to be included on the Agenda. PIH:Im Y I Sun Mon Tue Wed Thu Fri Sat Pete Vacation 1 Pete 2 Pete . 3 Pete Pete Pete 6 Pete Vacation Vacation Vacation Vacation Vacation Vacation 7 8 9 10 11 12. Pete 13 Pete Board of Board of Vacation; Vacation Selectmen Selectmen 28 29 30 31 N Board of Selectmen Meeting June 7, 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 7:35 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Richard Schubert, Vice Chairman Camille Anthony, Selectmen Joseph Duffy and Ben Tafoya, Tax Collector Beth Klepeis, Public Works Director Ted McIntire, Water Treatment Plant Supervisor Peter Tassi, Town Manager Peter Hechenbleikner, Paula Schena and the following list of interested parties: George Perry, Kathy Greenfield, Dorothy Casolaro, Susan Patterson, Michael Gray, Virginia Adams, Roberta Sullivan, Sarah Hilgendorff List, George Doucette, Karen Gately Herrick, Linda Tuttle, Neil Sullivan, Michael McIntyre, Steve Sadwick, Elizabeth Whitelam, David Zeek, Bill Hecht, Barbara Stewart, Paul Dustin, Susan Miller, Karen Flammia, Ron D'Addario, Gina Snyder, John Gall, John Wood, Richard Moore. Reuorts and Comments Selectmen's Liaison Reports and Comments - Selectman Ben Tafoya noted that he attended the Forum for New Officials at the Department of Revenue. He also noted that it was unclear as to who the liaison is to the Master Plan Advisory Committee. Town Manager's Report The Town Manager gave the following report: ♦ Railroad horn blowing - The horns will continue to blow until June 24, 2005. Camille Anthony noted that the Town needs a process and timeline for upgrading that crossing. Meeting re: Jordan's - June 23rd at Senior Center. ♦ Joint workshop re: Pearson (Addison-Wesley) on Monday, June 13th at Parker Middle School at 8:00 p.m. concerning Traffic study. ♦ Re-paving Woburn Street. ♦ Construction projects: • West Street water line • Franklin Street water line • Stomper Avenue • Willow Street • Various other street paving projects ♦ Selectmen's Forum 6/21/05. Reading Friends and Family Day will take place on Saturday, June 25th right outside of Town Hall and the Upper Common. If you or your department would like to participate with an information table or program, please contact John Feudo at Ext. 074 or email him at jfeudo@ci.reading.ma.us. There is currently over 30 different groups and organizations involved. Should be a fun day for all involved! Board of Selectmen Meetine - June 7. 2005 - Pase 2 The Town Manager noted that there is a revised license application on Page 7 of tonight's handout for Reading Liquors. The majority of the Board of Directors need to be residents of Massachusetts. Adam Berger was present and noted that he will be the sole Director. A motion by Anthonv seconded by Tafova that the Board of Selectmen recognize and approve the revised Form A for transfer of Reading Liauors as indicated on the form that is in tonight's handout was approved by a vote of 4-0-0. Personnel and Appointments Land Bank Committee - The Town Manager noted that Ben Nichols is a Charter member. He is 97 years old and feels that he cannot fulfill another three years. Land Bank Committee Member George Perry noted that the Committee will be looking for at least two people. Someone who is a paralegal, attorney or real estate appraiser would be good. The Town Manager noted that a technology background would be helpful too. West Street Historic District Commission -The Board interviewed Kathy Greenfield, Dorothy Casolaro, Susan Patterson and Michael Gray for positions on the West Street Historic District Commission. Anthonv moved and Duffv seconded to place the following names into nomination for two positions on the West Street Historic District Commission with terms expiring June 30. 2008: Dorothv Casolaro. Kathrvn Greenfield. Susan Patterson and Michael Grav. Ms. Casolaro and Ms. Greenfield received four votes each and were appointed. Anthonv moved and Tafova seconded to place the following names into nomination for two positions on the West Street Historic District Commission with terms expiring June 30.. 2007: Susan' Patterson and Michael Grav. Ms. Patterson and Mr. Grav received four votes each and were appointed. Historical Commission - The Board interviewed Virginia Adams, Roberta Sullivan, Kathy Greenfield, Sarah Hilgendorff List, George Doucette, Karen Gately Herrick, Linda Tuttle and Sue Patterson for positions on the Historical Commission. Anthonv moved and Tafova seconded to place the following names into nomination for two positions on the Historical Commission with terms expiring June 30.2008: Virginia Adams and Roberta Sullivan. Ms. Adams and Ms. Sullivan received two votes each and were, appointed. Anthonv moved and Tafova seconded to place the following names into nomination for five Associate positions on the Historical Commission with terms expiring June 30.2006: Kathv Greenfield. Sarah Hilaendorff List. George Doucette. Karen Gately Herrick. Linda Tuttle and Sue Patterson. Ms. Greenfield. Ms. Hilaendorff List. Ms. Herrick. Ms. Tuttle and Ms. Patterson received four votes each and were appointed. ~5~0 Board of Selectmen Meeting - June 7. 2005 - Paae 3 Community Planning and Development Commission - The Board interviewed Neil Sullivan, Michael McIntyre, Steve Sadwick, Elizabeth Whitelam and David Zeek for positions on the Community Planning and Development Commission. Michael McIntyre indicated that he was interested in the Water and Sewer Committee and was withdrawing from all others that he applied for. Anthonv moved and Duffv seconded to place the following names into nomination for two positions on the Community Planning and Development Commission with terms expiring June 30.2008: Neil Sullivan. John Sasso. Steven Sadwick. Elizabeth Whitelam and David Zeek. Mr. Sullivan and Mr. Sasso received four votes each and were appointed. Metropolitan Area PlanninLy Council - The Board interviewed Steven Sadwick and David Zeek. David Zeek indicated that daytime meetings were a problem for him. The Board made no appointment to the MAPC at this time. Conservation Commission - The Board interviewed Bill Hecht and Barbara Stewart for positions on the Conservation Commission. William Finch was unable to be present. Anthonv moved and Duffv seconded to place the following names into nomination for two positions on the Conservation Commission with terms expiring June 30. 2008: William Hecht and William Ogden Finch. Mr. Hecht and Mr. Finch received four votes each and were appointed. Zoning Board of Appeals - The Board interviewed Paul Dustin and Susan Miller for positions on the Zoning Board of Appeals. Anthonv moved and Tafova seconded to place the following name into nomination for one position on the Zoning Board of Appeals with a term expiring June 30.2008: Susan Miller. Ms. Miller received four votes and was appointed. Anthonv moved and Duffv seconded to place the following name into nomination for one, Associate position on the Board of Appeals with a term expiring June 30. 2008: Paul Dustin. Mr. Dustin received four votes and was appointed. Housing Authority - The Board interviewed Karen Flammia for one position on the Housing Authority. Anthonv moved and Duffv seconded to place the following name into nomination for one position on the Housing Authoritv with a term expiring June 302010: Karen Flammia.. Ms. Flammia received four votes and was appointed. Discussion/Action Items Review Tax Taking Process - Tax Collector Beth Klepeis was present. She noted that the entire process of the real estate tax collection is laid out by the Mass. General Laws. She reviewed the process and noted that the property owner has one year after foreclosure to pay the back taxes 56.,3 % Board of Selectmen Meetins - June 7. 2005 - Pase 4 and get the foreclosure undone. The Town has one case pending now that is a situation where the paraplegic passed away and the wife is very ill. She wants to sell the house, pay the taxes and vacate the decree. Beth Klepeis noted that tax possessions that don't get deeded back are under the jurisdiction of the Board of Selectmen. She also noted that Moody's states that our collections are very good. She also indicated foreclosures are usually due to illness, divorce or business problems and she has always been willing to work with the property owners to pay the back taxes. Hearinu - Establish Ad Hoc Committee on Nurse Advocacv for Frail Elders - The Secretary read the hearing notice. The Town Manager noted that this is a result of an instructional motion from Town Meeting. The committee will consist of nine members. The purpose of the committee is to develop a work plan, become familiar with the nurse advocate program, and determine the need for it in Town. A motion by Anthonv seconded by Tafova to close the hearing establishing an Ad Hoc Committee on Nurse Advocacv for Frail Elders was approved by a vote of 4-0-0. A motion by Anthonv seconded by Duffv to annrove the bolicv establishing the Ad Hoc Committee on Nurse Advocacv for Frail Elders dated 6/7/05. as amended. was annroved by a vote of 4-0-0. Hearina - Establish Ad Hoc Committee on Cities for Climate Protection - The Secretary read the hearing notice. Ron D'Addario, who made the Instructional Motion at Town Meeting, was present. He noted that he teaches at Winchester High School, and the Energy Day that he attended there enlightened him to this idea. Gina Synder noted that climate changes are a big issue, and she thinks it's a great idea. She suggests having an educator on the committee. A motion by Anthonv seconded by Duffv to close the hearing establishing the Ad Hoc Committee on Cities for Climate Protection was approved by a vote of 4-0-0. A motion by Anthonv seconded by Duffv to annrove the nolicv establishing the Ad Hoc Committee on Cities for Climate Protection dated 6/7/05, as amended. was aunroved bv_ a vote of 4-0-0. Review Potential Additional Water Conservation Options - Public Works Director Ted McIntire, Water Treatment Plant Supervisor Peter Tassi, Consultant John Gall, WSSWMAC members John Wood and Richard Moore were present. The Town Manager noted that the Board of Selectmen asked staff to look at additional water conservation measures. ~-ot Board of Selectmen Meetine - June 7. 2005 - Nee 5 Ted McIntire noted that the WSSWMAC discussed a number of options. They feel that it is easier to mirror what the Water Resources Commission is recommending. If the stream flow is below the threshold for three days, then restrictions can be looked at. Stage 1 is what we use now. Stage 2 will reduce the number of hours by four hours. Stage 3 would reduce the hours and require only hand-held devices. Stage 4 will be a ban. Selectman Ben Tafoya noted that the restrictions are triggered by numbers and are taken out of the realm of the Board of Selectmen. Ted McIntire noted that if we are below the threshold, it will be brought to the attention of the Board of Selectmen and look at a 10 day forecast. The Town Manager noted that if we get close to any threshold, the Board can impose restrictions before the next threshold. Selectman Ben Tafoya asked if we have the capability today to measure correctly. Ted McIntire noted that we can measure finished water. Selectman Ben Tafoya noted that in order to get to Stage 4, we have to have a few bad months. The Town Manager noted that the Board of Selectmen have the flexibility to institute right away by skipping Stage 2 and go to Stages 3 or 4. Gina Snyder asked if there was any way to do monitoring in the Town Forest. The Town Manager asked if the gauges in the Town Forest are correlated with the gauges in Middleton. John Gall noted that he doesn't know how they correlate with Middleton. The Town Manager suggested that the stream team can correlate and document. Gail Wood cautioned the Selectmen regarding restrictions. She indicated that the river is not a reservoir, and our wells are very deep in the ground. We are not taking surface water we are taking well water. The Town Manager noted that he will schedule this for a hearing on June 28, 2005. Aunroval of Minutes A motion by Anthonv seconded by Duffv to annrove the Minutes of Mav_ 17. 2005 was annroved by a vote of 4-0-0. A motion by Anthonv seconded by Tafova to adiourn the meeting of June 7. 2005 at 11:10 n.m. was annroved by a vote of 4-0-0. Respectfully submitted, Secretary 5as~ Joint Meeting of Board of Selectmen and Community Planning and Development Commission June 13, 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 7:35 p.m. in the Multi-purpose Room, Parker Middle School, 45 Temple Street, Reading, Massachusetts. Present were CPDC Chairman Neil Sullivan, CPDC Members Susan DeMatteo, Richard Howard and Jonathan Barnes. Also present were BOS Chairman Richard Schubert, Vice Chairman Camille Anthony, Secretary Joseph Duffy and Selectmen Ben Tafoya and James Bonazoli, Town Planner Chris Reilly, W/S Development Team Project Manager Richard Askin, Attorney Mark Favaloro, representing W/S Development Associates LLC, Bob Frazier, Vice President of Development, Brian Sierra, Vice President of Lifestyle Centers, Rod Emery, Traffic Engineer, Edwards & Kelsey, Rick Rostoff, (real estate), Kate Thibeault (Pearson), Julie Epstein, State Representative Patrick Natale, Town Manager Peter Hechenbleikner, Michael Schloth, and the following list of interested parties: Susan Abate, Virginia M. Adams, Mary Avery, Chris Brungardt, Fred and Joan Doherty, Lori Doughty, Erin Engelson, Jeff Everson, Susan Giacalone, Lois Halligan, Sarah Hilgendorff-List, Michelle Hopkinson, Tom Loughlin, Leslie McGonagle, Joan Neary, William Pike, Lori Presho, Melissa Russell, Mark Schneider, Cromwell Schubarth, Lisa Tighe, Frank Touserkani, David B. Tuttle, Bill Webster, Diane Weggel, Theresa Petrillo. At 8:00 p.m., CPDC Chairman Neil Sullivan passed control of the meeting to BOS Chairman Richard Schubert. He called the Board of Selectmen to order. All five members were present. Discussion/Action Items Zonina Workshob on Addison-Weslev Rezoning - The Town Manager stated that the applicant is here tonight to present their full-blown traffic study, and to discuss the feasibility of adding a mixed-use component to their plans. The Develober's Presentation - Richard Askin said that his team will discuss two topics: 1. The traffic plan in detail. They will show that they can make it work. 2. The requested mixed-use component. Mr. Askin says that it is feasible and that they can make the traffic work with it too. Mr. Askin expanded upon the mixed-use component using Reading's Master Plan as a touchstone. • The Master Plan calls for the use of Smart Growth and uses the economic development of South Main Street as an example. Mr. Askin said that their project would fit right in with Reading's South Main development plans. • The Master Plan identifies 10 locations for residential (development) and the Addison- Wesley site is one of them. Mr. Askin said that a mixed-use component could make this possible. 57446/ 1 Joint Board of Selectmen/CPDC Meetiniz - June 13. 2005 - Paae 2 • The Master Plan mentions the use of shuttles. Mr. Askin said that a shuttle service could be incorporated into the project and he noted that their Hingham center has a shuttle service. Mr. Askin noted that Reading's vision of what the Addison-Wesley site would be was recast in 2000 with the projected 600,000 square foot office park and 300-room hotel. That fell through but, as a recent article noted, aging office parks are being converted for use as retail and residential units. Mr. Askin said that there are lifestyle centers around the country that have a mixed-use component. The retail center is on the ground floor and the residential and office units are on the upper floors. He presented an artist's representation of such a possibility in Reading. Mr. Askin turned to the traffic study ("Traffic Impact Analysis Report"). Mr. Rod Emery, a Traffic Engineer, did most of the talking. The traffic study focussed on two items: the intersection of South and Main, and the access to the site from Route 128. Mr. Emery called the study in its present form a draft and "a work in progress" that needs to be cleaned up before it is ready to be submitted for formal review. Mr. Emery noted that many and widespread traffic counts were made during the study. Traffic counts were taken near the site, along West Street and points north... everywhere. Lots of data was gathered to set a baseline for the traffic counts. This is necessary to be able to gauge changes in the traffic patterns accurately. The data was crunched using "network analysis". Mr. Emery explained "network analysis" as being the study of critical intersections. A key point of the study is that Main Street's (Route 28's) traffic is heavy. This makes the intersection at South Street particularly dangerous. Mr. Emery said that there have been 42 accidents there in the past three years and noted that this is way above the norm. Mr. Emery said that the traffic study assumed four different uses for the site: I. The 2000 plan of an office/hotel complex (600,000 sq. ft. office park and 300-room hotel). 2. His team's original 400,000 sq. ft. retail center ("lifestyle center"). 3. A mixed-use plan comprising the 400,000 sq. ft. retail center plus residential and office units. 4. A residential-only plan consisting of a 3,800 unit apartment complex. Mr. Emery hastened to point out that they were not proposing that a 3,800 unit apartment complex be built. The residential-only plan was added to the study to show how large a residential project would have to be to match the traffic flow of any one of the other three proposals. Mr. Emery then went into some detail over possible changes to the intersection at South and Main. These changes included the creation of new lanes - dedicated lanes - to reduce congestion, and the reconfiguration of Jacob Way to force or to influence shoppers not to use South Street. At an earlier meeting, Mr. Askin described how traffic engineers rate roads by their "level of service" and that the ratings run from "A" (the best) to "17" (failure). Mr. Emery noted that the Joint Board of Selectmen/CPDC Meeting - June 13. 2005 - Page 3 changes they propose to make to the intersection could give the intersection a "C" rating for all four of the uses listed above. Much of the numerical date was summarized into tables and these tables, as well as drawings of the suggested intersection and road changes, were presented to the Boards in a slide show. As a point of reference, Mr. Askin presented Edward & Kelsey's traffic data from the lifestyle centers in Hingham, MA and Canton, CT. He said that his team's claim that lifestyle centers are different from malls is borne out by this data. The parking ratios of both lifestyle centers are roughly commensurate at about four per 1000 sq. ft. of retail space. Regional malls have a ratio of five per 1000 or higher. Mr. Askin presented aerial photos of the access to the Hingham and Canton lifestyle centers. Hingham - two driveways, one signalized. Canton - one large driveway. Mr. Askin addressed what went wrong, with the traffic when Addison-Wesley was used as a polling place during last November's Presidential Election, and he suggested how his team's proposal could have improved the situation: Most of the voters' traffic that day passed through the community from the north, east and west. Most of the shoppers' traffic will come from Route 128. e There is now no dedicated left turn lane; in fact, there have been no roadway changes made to the area at all. His team's proposal will add the dedicated lane and more: • Jacob's Way itself could be signalized. • A median strip could be added to prevent turns back up South Street. • A cul-de-sac could be added to the end of South Street. • Traffic calming measures could be applied - Three kinds: • Speed (Speed Table) • Volume • Passive (Gated Community) Mr. Askin finished up by discussing the buffer. He said that his team had hired Geller & Associates of Boston to make slides showing what the proposed changes to the Addison-Wesley site would look like to someone looking at the site while standing at a particular spot on South Street. These slides were presented in a slide-show together with slides of the same view as it exists today. The Boards' Discussion - BOS Chairman Richard Schubert welcomed all, apologized for the stifling heat, and suggested that the Boards move right into their discussion. He asked that the public hold their questions and comments until the end. CPDC member Richard Howard asked three questions: 1. Why does the table of peak PM in/out traffic show the Mixed-Use option causing slightly lower traffic than the Retail Only option? The Town Manager noted that this is a point our peer review will consider. Mr. Emery said that he could give a quick answer: the slightly lower number is a result of the fact that with mixed-use some of the shoppers would also be residents of the same mixed-use complex. t~l a 5 Joint Board of Selectmen/CPDC Meetiniz - June 13. 2005 - Pase 4 2. You say that all of the options for the use of the site can be made to work such that they provide a "C" rated level of service. Do all of these options include your proposed traffic mitigations? 3. Who will finance the mitigations? One of the developers noted that they will bear the expense and then hand the results (lanes, median strips, etc.) over to the Town and/or the State. CPDC Member Jonathan Barnes asked which configuration would result in zero cut-through traffic? The Town Manager noted that the developers meant a zero increase in cut-through traffic. Mr. Frazier added that the only way you could stop all cut-through traffic would be by creating a cul-de-sac at the end of South Street. He noted that when he had made this suggestion at a previous meeting some residents had expressed concern that such a measure would impair emergency vehicle response. Perhaps emergency vehicles could use the emergency-access road? The Town Manager pointed out that if we cut-off South Street, the traffic will just end up on some other street. We must be careful that our solutions do not make new problems. Selectman Ben Tafoya asked why the mixed-use option must include the originally proposed 400,000 sq. ft. retail center? Mr. Askin replied that the 400,000 sq. ft. retail center is the "critical mass" needed to make the project successful and viable. He expanded on this point stating that his team was not suggesting any specific numbers for the residential portion of the mixed-use proposal. Also, any offices would be (accessory?) and not corporate HQ offices. Many asked how adding more square footage, i.e. adding office and/or retail space on top of the 400,000 retail center, could be done while maintaining the same level of service as the retail center alone? Mr. Askin replied that each use has its own traffic pattern and the traffic study shows that all of the patterns fall under a "C" rating. He said something about "incremental add-ons" keeping the level at "C." Selectman Ben Tafoya asked: if a 400,000 sq. ft. retail center is the "bottom line," then how many visitors per day are needed to support a retail center of that size? Mr. Askin stated that they look at it from the point of view of vehicles per 1000 sq. ft. of retail space, and, when looked at that way, their project is somewhere between two and three vehicles per 1000 sq. ft. Selectman Ben Tafoya then asked how many cars per day would that be? Mr. Frazier stated that the Canton, CT center handles roughly 10,000 per day, and the Hingham, MA center handles roughly 16,000 per day. Mr. Emery interrupted to point out that these numbers represent vehicle trips per day and as one car goes in, another comes out. Also, you have to account for "pass by" traffic. That can account for about a quarter of the traffic. The Town Manager broke down the Canton CT. numbers: 10,000 vehicle trips per day, 2,500 of which are just passing by, which leaves roughly 7500 shoppers. SI-4 Joint Board of Selectmen/CPDC Meeting - June 13. 2005 - Pase 5 Returning to the mixed-use proposal, Selectman Ben Tafoya noted that most of the residents in such a complex would probably not be working in Reading and, therefore, would add to the traffic by coming and going just like any other commuter or shopper. CPDC Chairman Neil Sullivan, noting that the Hingham Center averages 16,000 vehicle trips per day, asked how its level of service is affected by weekend and holiday traffic? Mr. Frazier replied that the level of service adjusts to the number of commuters filling the road network. When there are fewer commuters, there's more room for shoppers. BOS Vice Chairman Camille Anthony said that she had expected to see a lengthy traffic study this night. She defined the study as presented as "cursory." She added that it is incumbent upon the developer to show that they could improve access to the site. Mr. Frazier stated that they have presented specific plans extra lanes, intersection reconfiguration, etc. to help the situation. He noted that his team is still "feeling its way" and asked Vice Chairman Anthony what the Board wanted? Vice Chairman Camille Anthony stated that a "C" level of service is unsatisfactory. It has to be an "A." She noted that the Board wants to know the traffic counts, and they want to know that the traffic will not back up onto Route 128. Richard Howard asked the developers if they could define the Service Levels "B" and "C." He also asked if they had performed any queuing studies? Regarding the queuing studies, Mr. Emery stated that their traffic models considered all of the ramps and projected the entire interchange five years out. The final report will have more information. Vice Chairman Camille Anthony noted that she was under the impression that the final report was what they had scheduled this meeting to see. She also noted that this was the first time that she had heard that the 400,000 sq. ft. retail center must be a component of any and all of the developer's proposals. She expressed concern over the extra density the office and retail units would add to the area if the mixed-use proposal must also contain the original 400,000 sq. ft. retail center. The Town Manager replied that we must wait for the finished study. We'll have our peer review consultant look it over and then we'll be able to talk about details. We should not get hung up on what to do with South Street just yet. Chairman Richard Schubert noted that if the traffic study to date is correct, and 80% of the traffic comes from Route 128, then the Board has a great concern about whether the ramp can hold the traffic. Mr. Emery said that that 80% includes both the traffic from Route 128 and the traffic from Stoneham. He added that the ramp must be widened and signalized. While on the subject of the ramps, Chairman Richard Schubert stated that the I-93/I-95 Interchange should be included in the report. Mr. Emery stated that the Interchange was not a part of their study, and Chairman Schubert stated that it would seem to be necessary that it should be. 5 Joint Board of Selectmen/CPDC Meeting - June 13. 2005 - Page 6 Chairman Richard Schubert noted that the Addison-Wesley site is currently underutilized and asked when it was last fully utilized? Kate Thibeault of Pearson stated that it was last occupied in December 1999 and last fully utilized in 1996-1997. Selectman James Bonazoli, returning to the discussion of the developer's Canton, CT retail center, noted that, despite its similarity in size with the proposed Reading center, the Canton center's road layout is different from Reading's. Mr. Frazier agreed and described other differences. Namely, the access point for Canton's retail center is more centrally located, and there are not as many homes bordering it as border the Addison-Wesley site. Selectman James Bonazoli next revisited the question of the slightly smaller traffic numbers for the mixed-use plan versus the numbers for the all-retail plan. He said that he could not see how the developer got the numbers to work. Mr. Emery could only repeat what he stated earlier - some of the shoppers are residents and that gives you a "mixed-use discount." Public Inuut - Mr. Frank Touserkani of 21 George Street had a question. When the developers approach stores to sign them up for this project, how many cars do they promise to deliver? He added that determining the number of cars is the bottom-to-top design approach that we should be taking and not the top-to-bottom approach we've been hearing about over and over in meeting after meeting. Mr. Frazier replied that the retailers look at the same demographics that we do. They see that many people pass through the I-93/1-95 Interchange. When they see those high traffic numbers they ask themselves, can we add another store there? That's part of the critical mass. Retailers want high traffic counts. Brian Sierra added that, regarding the number of cars, they don't guarantee anything to retailers. Retailers perform their own analysis. Mr. Sierra said that he could supply studies of shopping centers that show how much money is spent per visit. The amount per visit spent in lifestyle centers like the one we propose for Reading is higher than the retail average because the stores are more upscale. An unidentified gentleman noted that we've been hearing about the I-93/1-95 Interchange being redesigned. He asked the developers if there was any reassurance from the Mass. Highway Department that this won't affect your project? Mr. Emery said that he had worked on an earlier Interchange study and noted that Mass. Highway would contact developers with plans to build near the interchange to ask them if their plans are "fully visualized." If so, Mass. Highway will try to work with them. Mr. Emery added that, in any case, Route 28 and its ramps will still be there, and any redesign of the Interchange is too far off to worry about. Mr. Fred Doherty of 68 Curtis Street asked if there are any final plans showing what the State will do? Mr. Emery said that none exist. Mr. Doherty pointed out that there are other developments that will have an impact on South Street traffic - the Spence Farm and Johnson Woods subdivisions on West Street in Reading, and the Inwood housing project in Woburn. Joint Board of Selectmen/CPDC Meeting - June 13. 2005 - Paize 7 Mr. Doherty further noted that stop signs are not very effective. He said that there's one on Curtis Street that everyone just rolls through. He asked how a stop sign or a "no left turn" sign at the entrance to this project would keep people from driving back up South Street? Mr. Cromwell Schubarth of 17 Sturges Road noted that the proposed retail center would be a traffic magnet and that we can forget about using South Street once it's built. He also noted that we do need to recapture the taxes from the property, but our first question should be why 400, 000 sq. ft? What is their break-even point? He said that our trees are now recycling the traffic fumes from Route 128. What happens when they are removed to make way for this shopping center and its new intersection? These are environmental questions that need to be answered. Ms. Sarah Hilgendorff-List of 43 Wakefield Street had three points to make: 1. During the Presidential Election, we had terrible traffic in spite of the fact that we moved the people through the polls very efficiently. Shoppers don't move in and out of stores efficiently - they take their time. 2. Reading needs open spaces and recreational areas. There are also concerns of how much electricity and water this retail center will consume. 3. This shopping center would contain nice shops but what will it do to the shops in downtown Reading? We're building up our periphery at the expense of our center. Mr. Chris Brungardt of 324 South Street noted that if 18% of the cars come up Route 28, then that means roughly 2000 to 2100 cars a day would be added to the traffic on Main Street. Try making a left turn into Calareso's now let alone with that extra traffic. We must address the concerns of all our businesses. State Representative Patrick Natale said that he was amazed that the developers were admitting that their proposal would reduce the level of service of the roads from a rating of "B" to a rating of "C." He said that that is not the way to sell the plan. Mr. Emery admitted that the rating is "B" today but he added that if nothing is done to improve the road and intersection, the level of service will degrade. Mr. Askin reminded Representative Natale that traffic levels have risen in spite of the fact that Addison-Wesley is now empty. Representative Natale stated that he was just offering advice - show that the traffic will improve if you want to win people over. He said that he has walked South Street which has no sidewalks and he knows its traffic is getting worse. In Woburn, he said, Washington Street's Cummings Park took business away from Woburn's downtown. Yes, there was a benefit but at what cost? We can't allow the possibility of big money to distract us. He said that he could not support this project. Mr. David B. Tuttle of 27 Heather Drive noted that Vice Chairman Anthony makes a good point about the traffic backing up onto and off of the highway. It is all about thresholds and chaos theory. Yes, cars go by on Route 128 in great numbers but the system works only because the cars go by and don't slow down to exit. Mr. Frank Touserkani of 21 George Street had three more points: , 1. If this location is so good, why has the Woburn Mall deteriorated? 54, 2. What about the parking lot? The parking lot at Lowe's is dangerous. Joint Board of Selectmen/CPDC Meeting - June 13. 2005 - Paae 8 3. After Y2K, our taxes have kept going up, up, up. We've passed all sorts of measures to increase the tax base but taxes still go up. Do we now, on top of everything else, have to rezone this property to bring money to the Town? Ms. Virginia M. Adams of 59 Azalea Circle asked to speak. She began by stating that she was not speaking in her capacity as the Chairman of the Historical Commission. She noted that South Street is over 350 years old. It is both an Ancient Way and a Scenic Road. We must protect its integrity. We must protect what we have. If something must go into the Addison-Wesley site, its impact on the Town should be minimal. Ms. Theresa Petrillo of 329 South Street noted that she would be the first to shop at the developer's lifestyle center if it was built but she hopes that it will not be built because of the traffic it will bring. She said that we need to hear some truth from the developers instead of a lot of words. We are hearing the same things over and over. She thinks that the reason we have not heard a solution for the traffic problem is because there is no solution. Mr. Cromwell Schubarth noted that the intersection at South and Main Street is dangerous, and adding more traffic won't make it less so. What has been said about the parking lot is true. They can be dangerous and that should be looked into. He also asked if anybody had addressed the issue of where they'll put the snow? The Town Manager described what should happen next: The full and complete study will be finished. o We will hire, at the developer's expense, an expert of our choosing to peer review the traffic study. ♦ We will meet to discuss the details. Vice Chairman Camille Anthony reminded the developers that they should now know what we are looking for so there should be no question of what they should be providing us at the next meeting. Attorney Mark Favaloro asked if it was correct that the Selectmen want to know how many cars will be backed up onto Route 128 and stacked up on South Street, Main Street, etc.? He noted that concerns were expressed over how this project would affect Reading's downtown, and he asked if the Selectmen would like his client to address this issue also? The Town Manager said that traffic is the number one issue and that is what we want to discuss. Mr. Frank Touserkani asked that if the mall does go in, please demand that Whole Grain Foods not be allowed to build there. He said that it will put Calareso's out of business. On motion by Schubert seconded by Duffv, the Board of Selectmen adjourned the joint meetine of June 13. 2005 at 10:35 p.m. by a vote of 5-0-0. On motion by Schubert seconded by Sullivan. the Communitv Planning and Development Commission adjourned the joint meeting of June 13. 2005 at 10:35 u.m. by a vote of 4-0-0. Respectfully submitted, Secretary 5 'V Board of Selectmen Meeting June 14, 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 7:30 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Richard Schubert, Vice Chairman Camille Anthony, Secretary Joseph Duffy, Selectmen James Bonazoli and Ben Tafoya, Fire Chief Greg Burns, Town Manager Peter Hechenbleikner, Paula Schena and the following list of interested parties: Fire Lt. Mark Dwyer, William Carrick, David B. Tuttle, Debbie McCully, Sally Hoyt, Corey Porter, Dick Stosez, Edwina Kasper, Domenic LaCava, Erick Carpenter, Bill Cowie, Ronald Powell, Anne Hooker, Karyn Storti, Margaret Soli, John Weston, Gail Wood. Reports and Comments Selectmen Liaison Reports and Comments - Selectman Ben Tafoya noted that he attended the meeting with CPDC regarding Addison-Wesley. He also noted that he didn't hear any real plans that would resolve the problem with traffic, and asked at what point do we tell them this is not a good idea. Chairman Richard Schubert noted that they need to go through the process. A traffic study is needed. Vice Chairman Camille Anthony indicated that she was totally disappointed with the meeting and felt that it was a wasted three hours of the Selectmen's time. She indicated that she wants to see the agenda and materials before the meetings. She noted that the proposed developer is going to private homes to get people to work as advocates. Public Comment - Debbie McCully noted that she received a violation for a shed on her property. She had to apply to the ZBA for a hearing to receive a waiver. She found the process very difficult and had to hire an attorney. She is asking that the process be made easier for residents and is asking the Town for reimbursement of her costs that were incurred. The Town Manager's Report The Town Manager gave the following report: ♦ Former DPW Director Tony Fletcher passed away last Saturday after a bout with cancer. Tony retired from Reading in 1992 and accomplished much in his tenure here, including the renovation of Town Hall, the construction of the new DPW Garage, and the construction of the new Fire Station. ♦ The Town has received approval for an Interbasin Transfer from the Water Resources Commission (WRC). This approval is required in order for the Town to purchase water from the MWRA as approved by Town Meeting in November 2003. I have asked Representatives Brad Jones and Patrick Natale and Senator Richard Tisei to immediately file a home rule petition to complete this approval. Once legislative approval is granted, approval from the MWRA Board will be required. SGI' Board of Selectmen Meetine- - June 14. 2005 - Paae 2 This has been a long process - The Town was before the Water Resources Commission for over a year. The negotiations were arduous, and the Board of Selectmen became directly involved in much of the later negotiation. The WRC approval: ♦ The application on the part of the Town was strictly voltuitary, primarily reflecting a concern of the Town about the condition of the Ipswich River; ♦ The approval does not increase the amount of water available to the Town during Summertime use - it only changes the source of the water; ♦ The Interbasin transfer allows the Town to draw up to 219 million gallons of water per year from the MWRA during the months of May through October when the Ipswich River is most stressed; s It will limit the withdrawals from the Town's wells in the Ipswich Basin during those months to 1 million gallons per day, or about 40% of current withdrawals; Based on a combination of monitoring use from the MWRA and the status of the Ipswich River flows, the Town agrees to institute additional progressively stringent water conservation measures involving outdoor water use; o Portions of the cost of the MWRA buy-in are to be funded by developers contributions, and the remainder are funded from the Town's water rates. Developer contributions have and will be received from Walkers Brook Crossing, Archstone Development and Johnson Woods. ♦ The Board of Selectmen is holding a meeting re: Walkers Brook Crossing lighting and site issues as follow-up to the Winter meeting the Board had held. The date is June 23rd at 7:30 p.m. at the Senior Center The "Safe Routes to School" Program is not likely to be funded. We had hoped to use this source of funding along with Town funds for the Franklin Street area sidewalks. This program was part of the most recent bond bill but requires funding. Representative BradJones is looking into alternative funding for sidewalks in the Franklin Street area. Selectmen's Forum 6/21/05. o Reading Friends and Family Day will take place on Saturday, June 25th right outside of Town Hall and the Upper Common. If you or your department would like to participate with an information table or program, please contact John Feudo at Ext. 674 or email him at jfeudo@ci.reading.ma.us. There is currently over 30 different groups and organizations involved. It should be a fun day for all involved! s The Town has been approved for 80% of the cost of a new lift-equipped Senior Van. The remaining 20% will be paid from the Burbank Trust. ♦ Rumor is that the MF Charles building has been sold. This building is on the National Register of Historic Places, and we look forward to working with the buyers on any plans that they may have. ♦ First opening of WBC, Phase 2 is scheduled for June 18th. The Town Manager noted that the Department of Revenue sent correspondence asking for the Board of Selectmen's recollection of Town Meeting action regarding the transfer of $850,000 from the School Department Budget into the Barrows and RMHS capital projects. ✓CG-Z Board of Selectmen Meeting - June 14. 2005 - Page 3 A motion by Duffv seconded by Bonazoli that the Board of Selectmen confirms that the Town' Accountant's letter of Mav 27. 2005 to James R. Johnson of the MSDOR represents the Board's understanding of the circumstances surrounding the transfer on April 28. 2005 by Town Meeting of $850.000 from the School Department Budget into the Barrows and RMHS capital proiects was approved by a vote of 5-0-0. Personnel and Appointments Badge Pinning - Fire Lt. Mark Dwver - Fire Chief Greg Burns noted that Mark Dwyer is a 17 year veteran of the Fire Department and reviewed his achievements. The Board congratulated Mark Dwyer on his promotion. Advisorv Council Against the Misuse and Abuse of Alcohol. Tobacco and Other Drugs - The Board interviewed Bill Carrick for reappointment to the Council. The Town Manager noted that the Police Chief has designated Mike Saunders as the Police Department Representative on the Council. Bonazoli moved and Tafova seconded to place the following names into nomination for four positions on the Advisorv Council Against the Misuse and Abuse of Alcohol. Tobacco and Other Drugs with terms expiring June 30. 2008: William Carrick. Lisa DiTrapano. Mark Staniul and Carol McFadden. Each candidate received five votes and were Appointed. Bonazoli moved and Anthonv seconded to place the following name into nomination for one position as the Police Department Representative on the Advisorv Council Against the Misuse and Abuse of Alcohol. Tobacco and Other Drugs with a term expiring, June 30. 2007: Michael Saunders. Officer Saunders received five votes and was appointed. Board of Health - Colleen Seferian was unable to be present. Anthonv moved and Duffv seconded to place the following name.into nomination for one position on the Board of Health with a term expiring June 30.2008: Colleen Seferian. Ms. Seferian received five votes and was re-appointed. Constable - The Board interviewed Sally Hoyt, Corey Porter and Dick Stosez for two Constable positions. Bonazoli moved and Anthonv seconded to place the following names into nomination for two positions as Constable with terms expiring June 30.2008: Sallv M. Hovt. Corev Porter and Richard Stosez. Mrs. Hov_ t and Mr. Porter received five votes each and were Appointed. Council on Aging - The Board interviewed Edwina Kasper for reappointment to the Council on Aging. 5-C3 Board of Selectmen Meeting - June 14. 2005 - Page 4 Tafova moved and Anthonv seconded to place the following names into nomination for two positions on the Council on A in with terms expiring June 30.2008: Edwina Kasper and Ruth Goldberg. Ms. Kasper and Ms. Goldberg received five votes each and were re- appointed. Reading Telecommunications and Technology Advisorv Committee (TTAC) - The Board interviewed Domenic Lacava, Erick Carpenter, Bill Cowie, Ronald Powell and David Tuttle for positions on the TTAC. Duffy moved and Anthony seconded to place the following names into nomination for two positions on the Reading Telecommunications and Technologv Advisorv Committee with terms expiring June 30. 2008: Douglas Cowell. Domenic LaCava. Benjamin Ream. Erick Carpenter and Bill Cowie. Mr. Cowell and Mr. LaCava received five votes each and were appointed. Duffy moved and Anthonv seconded to place the following names into nomination for three Associate positions on the Reading Telecommunications and TechnoIogv Advisorv Committee with terms expiring June 30. 2006: Benjamin Ream. Erick Carpenter and Bill Cowie. Each candidate received five votes and were appointed. Cultural Council - The Board interviewed Anne Hooker and Karyn Storti for positions on the Cultural Council. Duffv moved and Anthonv seconded to place the following names into nomination for three positions on the Cultural Council with terms expiring June 30.2008: Anne Hooker. Karv_ n Storti and Valerie Ala¢ero. Each candidate received five votes and were appointed. Bonazoli moved and Anthonv seconded to place the following name into nomination for one Associate position on the Cultural Council with a term expiring June 30. 2006: Janet Grace Hatherly. Ms. Hatherlv received five votes and was appointed. Human Relations Advisorv Committee - The Board interviewed Margaret Soli for reappointment to the Human Relations Advisory Committee. Anthonv moved and Bonazoli seconded to place the following name into nomination for one position on the Human Relations Advisorv Committee with a term expiring June 30. 2008: Margaret Soli. Ms. Soli received five votes and was appointed. Duffv moved and Bonazoli seconded to place the following name into nomination for one position on the Human Relations Advisorv Committee with a term expiring June 30.2007: James Cormier. Mr. Cormier received rive votes and was appointed. Metropolitan Area Planning Council - The Board interviewed John Weston for a position on the MAPC. SAN Board of Selectmen Meeting - June 14. 2005 - Page 5 Anthonv moved and Bonazoli seconded to place the following names into nomination for one position on the Metropolitan Area Planning Council with a term expiring December 31. 2006: Steven Sadwick and John Weston. Mr. Sadwick received three votes and was appointed. Anthonv moved and Bonazoli seconded to place the following name into nomination for one position on the Metropolitan Area Planning Council with a term expiring December 31.2005: John Weston. Mr. Weston received five votes and was appointed. Reading Access TV Board of Directors - The Board interviewed Gail Wood for reappointment to the RCTV Board of Directors. Anthonv moved and Bonazoli seconded to place the following name into nomination for one position as the Selectmen's Representative on the Reading Access TV Board of Directors with a term expiring June 30.2008: Gail Wood. Mrs. Wood received five votes and was appointed. Discussion/Action Items Report on Tree Plantine/Removal Activities for Calendar Year 2004 - The Town Manager noted that Bob Keating did a memo indicating that two out of every three trees planted are taken down. If a tree is dead or diseased, then we take it down. If the tree is in the public right of way, then the Town has the responsibility to maintain it. State law does allow the Town to plant trees in the front 20 feet of a property owner's land. If we do this, we plant and the resident maintains and removes. The Town Manager noted that tree lawns are only three feet wide and the tree roots tend to get bound. The Town Manager noted that we have no more elm trees in the nursery we just buy and plant them. Tree City USA is based on how much money the Town spends on trees. Discussion - Town Counsel Performance Review and Annointment - The Town Manager noted that the Board of Selectmen appoints Town Counsel. He suggests re-appointing Brackett & Lucas and getting the evaluation process going. Selectman James Bonazoli volunteered as the Selectmen's Representative on this committee. Discussion - Standards for Signs on the Common - The Town Manager noted that a permit is required to put a sign on the Common. Since the Board of Selectmen limited the number of signs at one time to two, we have been turning a lot of organizations away. He would like to limit the time allowed to one week in hopes that this will give more organizations an opportunity to display their sign. The consensus of the Board was they were okay with a one week limit Board of Selectmen Meeting - June 14. 2005 - Page 6 A motion by Anthonv seconded by Bonazoli to go into Executive Session for the purpose of discussing strategv with respect to labor negotiations. not to come back into Open Session was approved on a roll call vote with all five members voting in the affirmative. Respectfully submitted, Secretary S~ G V Board of Selectmen Meeting June 23, 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 7:30 p.m. in the Senior Center, 49 Pleasant Street, Reading, Massachusetts. Present were Chairman Richard Schubert, Vice Chairman Camille Anthony, Secretary Joseph Duffy, Selectman James Bonazoli, Town Manager Peter Hechenbleikner and the following list of interested parties: Diana LaVancher, Dick Nazzaro, Fred Sawin, Scott Miller, Sue Adrian, Karen Dailer, Bonnie Ope, Alison Simcox, William and Lorraine Toppi, Charles and Eileen Collins, George and Sandra Burns. Discussion/Action Items Walkers Brook Crossing Issues - The Town Manager reviewed the current status of changes to the operation at Walkers Brook Crossing, specifically referencing his letter of March 8, 2005. Selectman James Bonazoli asked if we knew what the theater hours were. The Town Manager noted that he would check these with Jordan's. Diana LaVancher of 3 Smith Avenue noted that the operation of the lights pursuant to the March 8, 2005 letter seem to be good. She had been approached by Ed Shaw from Dickinson Development about landscaping on her property. She felt that it was not just her yard but the others on Smith Avenue that also needed planting. The developer indicated that he was not willing to open up that option of landscaping properties all over Reading. She felt that the Town needs an ordinance regarding lighting. She was interested in the "bigger picture" for the Town. The Town wants development but not strip development and with that expertise, the Town could have additional problems like this. There is a bigger project anticipated. Dick Nazzaro of 13A Carnation Circle spoke from the Green House Condos. He's been involved with this issue from the beginning. The biggest problem was the change in type of lighting, and a lot has changed and improved. The lighting has been redirected. Safety lights have been shut off. They had anticipated that this would be more computerized. The noise has abated. The new fencing has been installed and the slats are a big improvement. Trees have been replaced. They would like to continue the slats in the fence in the area where the landscaping is to provide for temporary protection until the landscaping takes over. There are also three lights that they would like to have redirected. In addition, the lights on the building are not going off as they are supposed to. Fred Sawin from 28D Carnation Circle spoke. He is a Trustee at Green House Acres. The brightness at Jordan's and Horne Depot is a concern. Can the wattage of the lights be reduced? Can the lights on the building be directed down as much as possible? The Town Manager noted that the lights on the building are actually mounted low on the building and directed upwards. Board of Selectmen Meeting - June 23. 2005 - Page 2 Can the existing fence with slats on it be moved so that the wind will not be as much an issue? Does the lighting meet standards? Scott Miller of 6D Carnation Circle spoke. He felt that there was no consistency when the lights go off. He asked whether the Town could rescind the permit for the business. A movie theater, according to Mr. Miller, was an accessory use and therefore not entitled to be exempt from the 12:00 midnight closing of business. Bill Toppi from 14C Carnation Circle indicated that they now have to pull their shades down and, therefore, don't know if the lights are on until 1:30 or 3:30. They would like to be able to leave their shades up and be wakened by the sun in the morning. He felt that Jordan's could change the starting times of the movies. Scott Miller indicated that those responsible for the permitting should be here - the Town Planner and the Town Engineer. Is there a reason why they are not here? He felt that there were significant changes in the lighting plan. The solution is to put more lighting fixtures in. You would expect the Town to come back with more data. Answers would not take much money. Vice Chairman Camille Anthony noted that the down side to what Mr. Miller is proposing is that this is a capped landfill. We don't know what additional lighting fixtures would mean and who would pay for it. Scott Miller noted that if they are driving piles to the extent that they did, then they certainly have money to do additional work. Chairman Richard Schubert asked if we did a study on the lighting, and the Town Manager indicated that we did not - it's not clear that if we did a study, the owner or developer would be willing to implement it. George Burns from 8A Carnation Circle indicated that he misunderstood the capping process. Scott Miller asked if there was any analysis of how and whether the developer meets all of the standards of their approval. He feels that nuisance codes might apply to the situation. He noted that there are 11 poles at the Home Depot and 10 poles at Jordan's. The developer brought in Mr. Gould, a lighting expert, who changed the plan. The Town Planner and Building Inspector "bought the changes to the plan." Sue Adrian of Wakefield asked who approved the plan and who approved the lighting plan? Who approved the sign regulations? Karen Dailer of Wakefield asked for a change in wattage for the spotlights. She presented photos of the site from the lake. Vice Chairman Camille Anthony noted that this was not a fast project. There were lots of public discussion and input and the approval process was very public. Board of Selectmen Meetina - June 23. 2005 - Pase 3 Chairman Richard Schubert asked whether Ms. Dailer felt that the lighting had been reduced. She indicated not that she has noticed. Bonnie Ope from Wakefield spoke. She felt that there may have been some tiny reduction in brightness. The current situation is unacceptable. The lights are on all day. The "hood" that projects out from the Route 128 side of Jordan's is a problem. Without this hood, there would be a reduction in the glare. She asked what the Board felt is the next step in dealing with the companies involved. Chairman Richard Schubert felt that they would relay the concerns to the developer and the owner and try to get some action. The Board can encourage and request but can't require. Vice Chairman Camille Anthony felt that we should meet with the parties involved. People have talked about some suggestions. She's not sure that will happen. Bonnie Ope requested a quarterly meeting and suggested using the website to keep people up to date. Alison Simcox presented pictures of the building without the canopy. She suggested that Jordan's ought to be required to remove the canopy. She felt that the parking lot lights were an issue too. She asked about Home Depot's "shoe box" lights. She would want to see an independent consultant brought in. She presented a petition with 180 signatures - she casually got those signatures without much effort. Vice Chairman Camille Anthony indicated that we would talk with Dickinson and Jordan's and Home Depot and try to work with them. Two members of the Board of Selectmen will take this on. On motion by Anthonv seconded by Duffv. the Board of Selectmen voted to adjourn the meeting of June 23. 2005 at 9:30 p.m. by a vote of 4-0-0. Respectfully submitted, Secretary ya3 Board of Selectmen Meeting June 28, 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 Richard Schubert, Vice Chairman Camille Anthony, Secretary Joseph Duffy, Selectmen James Bonazoli and Ben Tafoya, Town Counsel Joan Langsam, Public Works Director Ted McIntire, Town Manager Peter Hechenbleikner, and the following list of interested parties: Don Young, Beth Klepeis, Douglas Bruce, Jack Downing, Patrick Fennelly, Mike deBrigard, Richard Moore, Gail Wood, David Tuttle, Anne Marie Bourque, Donald Green, Kathleen Golini, Julie Callahan, Bill Brown, Ann Ward, Ken Young, Rachel and Ben Walden, Will Finch. On motion by Anthonv seconded by Duffv, the Board voted to Lyo into Executive Session for the purpose of discussion of strategv with respect to litigation: discussion of strategv with respect to the purchase or sale of real estate: and approval of Minutes to come back into Open Session at approximately 7:45 mm. On a roll call vote, all five members voted in the affirmative and the motion was carried. The Board of Selectmen returned from Executive Session at 7:45 p.m Reports and Comments Selectmen's Liaison Reports and Comments - Selectman James Bonazoli noted that in light of the recent tragedies involving young people in fatal auto accidents in neighboring communities, he hopes that families will take a lead in talking with their young drivers and encourage them to slow down, abide by the law, and develop good positive driving experience. Vice Chairman Camille Anthony noted that the I-95/1-93 State Force continues to work. During the Summer, some of the subcommittees will be doing work. She also reported on the Walkers Brook Crossing Meeting that took place last week. Chairman Richard Schubert wanted to acknowledge the Council on the Use and Misuse of Drugs and Alcohol on their efforts. He referenced some of the correspondence in the Selectmen's packet. He noted that he received the material for the Town Counsel review, and asked the Town Manager to distribute copies of the form to other members of the Board of Selectmen. He also noted that we have received a request to comment on the proposed closure of the Otis Air Force and would bring it up later in the meeting. He commented on the Walkers Brook Crossing public meeting regarding lighting, and suggested a meeting with the property owner and developer. Selectman James Bonazoli and Vice Chairman Camille Anthony will represent the Board in that meeting. 5V-01 I Board of Selectmen Meeting - June 28. 2005 - Page 2 Town Manager's Report The Town Manager gave the following report: s A Special Act has been filed by Governor Romney for the Interbasin Transfer so that Reading may buy MWRA water. ♦ The Board of Selectmen held a meeting on Walkers Brook Crossing last week, and I will be writing up the notes from that meeting. The intent is that a couple of members of the Board of Selectmen will meet with the developer and/or the occupants of the businesses to try to secure some additional improvements at the site. ♦ The Selectmen's Forum on 6/21/05 was very successful. I will have some written synopsis for the Board shortly. ♦ The Reading Friends and Family Day last Saturday was a big success. A number of residents stopped by the Board of Selectmen's booth - and there were many and unanimous comments in support of the Downtown improvements, and all are looking forward to construction. ♦ The Town has been approved for 80% of the cost of a new lift-equipped Senior Van. The remaining 20% will be paid from the Burbank Trust. ♦ The M.F. Charles building has been sold, and we are working to make contact with the new owners to learn of their plans for the property. ♦ The train horns have ceased sounding at Ash Street in Reading. We need to work diligently on improvements to this grade crossing. ♦ There is correspondence in your packet of note as follows: • Letter from Representative Brad Jones re: Sidewalks on Franklin Street • Letter from Senator Edward Kennedy in support of the Town's COPS in Schools application • Various e-mails about street conditions - Park Avenue, Warren Avenue, Libby Avenue Proclamations/Certificates of Appreciation Proclamation - Don Young - Don Young was present to receive the Proclamation and appreciated the recognition by the community. He noted that he always loved working in the Town of Reading. On motion by Duffv seconded by Anthonv. the Board of Selectmen voted to approve a Proclamation honoring Don Young's achievements as a photoiournalist by a vote of 5-0-0. Personnel and Appointments Board of Selectmen Reorganization - This part of the meeting was turned over to the Town Manager to conduct. He asked for nominations for the position of Chairman of the Board of Selectmen. Schubert moved to nominate Camille Anthonv as Chairman of the Board of Selectmen for a term expiring June 30. 2006. or at such other time that the Board of Selectmen may reorganize. Ben Tafova seconded the motion. On motion by Schubert seconded by Tafova. the nominations for Chairman were closed by a vote of 5-0-0. Camille Anthonv was elected Chairman by a vote of 4-0-1. with Anthonv abstaining. The Town Manager turned the meeting over to Chairman Camille Anthony. She thanked Rick Schubert for his good work and guidance as Chairman during the past year. Board of Selectmen MeetinLy - June 28. 2005 - Paae 3 Bonazoli moved to nominate Richard Schubert as Vice Chairman of the Board of Selectmen with a term expiring June 30. 2006. or at such other time that the Board of Selectmen may reorganize. Joseph Duffv seconded the motion. On motion by Tafova seconded by Bonazoli, the nominations for Vice Chairman of the Board were closed by a, vote of 5-0-0. Richard Schubert was elected Vice Chairman by a vote of 5-0-0. Schubert moved to nominate Joseph Duffv as Secretarv of the Board of Selectmen for a term expiring June 30. 2006 or such other time that the Board of Selectmen may reorganize. Ben Tafova seconded the motion. On motion by Tafova seconded Bonazoli., the nominations for Secretarv of the Board were closed by a vote of 5-0-0. Joseph Duffv was elected by a vote of 4-0-1. with Duffv abstaining, Commissioners of Trust Funds - The Board interviewed Beth Klepeis for a position on the Commissioners of Trust Funds. On motion by Tafova seconded by Duffv, the Board appointed Beth Klepeis to a position on the Commissioners of Trust Funds with a term expiring June 30. 2008 by a vote of 5-0-0. Board of Cemeterv Trustees - The Board interviewed Douglas Bruce. Incumbents Janet Baronian and Ronald O'Connell were interested in being re-appointed. On motion by Bonazoli seconded by Duffv, the Board appointed Janet Baronian and Ronald O'Connell to the Board of Cemeterv Trustees with terms expiring June 30. 2008 by a vote of 5-0-0. On motion by Schubert seconded by Bonazoli. the Board appointed Douglas A. Bruce to a position on the Board of Cemeterv Trustees with a term expiring June 30. 2007 by a vote of 5-0-0. Recreation Committee - The Board interviewed Jack Downing and Patrick Fennelly for positions on the Recreation Committee. On motion by Duffv seconded by Schubert. the Board appointed Jack Downing and Patrick Fennelly to positions on the Recreation Committee with terms expiring June 30. 2008 by a vote of 5-0-0. On motion by Duffv seconded by Schubert. the Board appointed Kate Kaminer to a. position on the Recreation Committee with a term expiring June 30. 2007 by a vote of 5-0-0. On motion by Duffv seconded by Schubert. the Board appointed Michael DiPetro and Chris Campbell to Associate positions on the Recreation Committee with terms expiring June 30. 2006 by a vote of 5-0-0. Town Forest Committee - The Board interviewed Mike deBrigard for a position on the Town Forest Committee. O Board of Selectmen Meeting - June 28. 2005 - Page 4 On motion by Duffv seconded by Tafova. the Board appointed Louis deBrigard to a position on the Town Forest Committee with a term expiring June 30. 2008 by a vote of 5-0-0. On motion by Duffv seconded by Schubert, the Board appointed Thomas W. Connerv and Alice C. Grau to Associate positions on the Town Forest Committee with terms expiring June 30.2006 by a vote of 5-0-0. Water. Sewer and Storm Water Management Advisorv Committee (WSSWMAC) - The Board interviewed Richard Moore and Gail Wood for positions on the WSSWMAC. David Tuttle was present and was previously interviewed, and he is interested in becoming an Associate member on the Conservation Commission. On motion by Duffv seconded by Schubert. the Board appointed Richard Moore to a position on the WSSWMAC with a term expiring June 30. 2008 by a vote of 5-0-0. There is still one available vacant position and one candidate to be interviewed. On motion by Duffv seconded by Bonazoli, the Board appointed Gail Wood to a position on the WSSWMAC as an Associate with a term expiring June 30. 2006 by a vote of 5-0-0. Ad Hoc Nurse Advocacv Committee - The Board reviewed the Ad Hoc Task Force to Evaluate the Need for a Nurse Advocacy Program for Frail Elders. Anne Marie Bourque applied for resident position and was interviewed. The Board made the following appointments: On motion by Schubert seconded by Duffv. James Bonazoli (BOS Representative). Robert LeLacheur (Finance Committee Representative). Carol Paterson (Council on Aging Representative) and Anne Marie Bourque (resident) were appointed to terms on the Ad Hoc Task Force to Evaluate the Need for a Nurse Advocacv Program for Frail Elders with terms expiring November 30. 2005 by a vote of 5-0-0. There are five additional positions available, and the committee cannot be set up until at least a quorum is appointed. Health Insurance Task Force - Donald M. Green and Kathleen Golini were interviewed for the Ad Hoc Health Insurance Task Force. Already appointed were Carl McFadden from the School Committee, Chuck Robinson from the Finance Committee and Pat Iapicca from the Insurance Advisory Committee. The Board was concerned because there were two good candidates for one resident position. To address this, on motion by Tafova seconded by Duffv. the Board voted to amend the policv establishing an Ad Hoc Health Insurance Task Force to provide for two resident members and a total committee size of six. The motion was approved by a vote of 5-0-0. On motion by Bonazoli seconded by Tafov_ a. the Board appointed Ben Tafova (BOS Representative). Dr. Donald M. Green and Kathleen Golini to positions on the Ad Hoc Health Insurance Task Force with terms expiring December 31. 2005 by a vote of 5-0-0. Board of Selectmen Meeting - June 28. 2005 - Page 5 Discussion/Action Items Hearing - Chute Street One Wav - The Secretary read the hearing notice. The Town Manager presented the proposal which was to make Chute Street one way southbound from Mt. Vernon Street to Woburn Street. Julie Callahan of 49 Chute Street spoke in favor of the proposal. Bill Brown also spoke in favor he used to live on Chute Street. Ann Ward of 14 Bancroft Avenue was not in favor or opposed but she would like to see a comprehensive study of the neighborhood. Selectman Joseph Duffy felt that it should be made one way. Ken Young of 48 Mount Vernon Street is not in favor or against the proposal but he would like to see more Police presence in the area. After that, if the street needs to be one way, then that would be fine and it might be the right thing to do. Selectman James Bonazoli noted that residents in the High School area had also requested some improvements before the High School project is completed. Rachel Walden and her son Ben Walden spoke in favor of a one way street. Don Young of 50 Chute Street spoke. He noted that there are 11 children on the block, and he would like to see more Police presence. Something should be done. Vice Chairman Richard Schubert noted that a broader study of the area should be done so the changes don't create more issues for other areas. He also supported additional Police presence. He preferred to see a study done before the street is made one way. He asked about the width of the street and parking. The Town Manager noted that if we are going to have a comprehensive study done, we need to budget for that. There is no intent to change the parking regulations on the street. Chairman Camille Anthony noted that perhaps we should continue the hearing and do a site visit to the area. Selectman James Bonazoli noted that we should not have "analysis paralysis." If we don't like the affect of it, we can always change it. Selectman Ben Tafoya noted that he would err on the side of caution and take a closer look. On motion by Bonazoli seconded by Schubert, the Board voted to close the hearing on Chute Street becoming one wav by a vote of 5-0-0. s ~s Board of Selectmen Meetins - June 28. 2005 - Pace 6 On motion by Bonazoli seconded by Schubert, the Board voted to approve an amendment to the Town of Reading Traffic Rules and Regulations by adding to Appendix A-17 "one wav streets" the following: Chute Street southeriv from Mt. Vernon Street to Woburn Street by a vote of 5-0-0. Vice Chairman Richard Schubert also asked for follow up in three areas: 1. That we take a look at an overall study of the area. 2. That we do a site walk in the Fall when school is back in session. 3. The Police Department be requested to do selective enforcement on that part of Chute Street. 4. That we check to make sure there are street signs on both ends of Chute Street. Hearinc - Water Conservation Plan - The hearing on the Water Conservation Plan was opened. The Town Manager reviewed the policy and how it compared with the existing policy and the Water Resources Commission approval. Present also to discuss the issue were Public Works Director Ted McIntire and members of the WSSWMAC. In response to a question, Ted McIntire noted that the pilot program for "weather station" types of irrigation systems is moving forward. There were approximately 10 residents who had applied to participate in the program. There were a total of 15 positions available. Selectman Ben Tafoya noted that he was happy that the Town had the ability within the policy to respond to issues even before specific trigger points have been reached. Will Finch agreed. Selectman James Bonazoli asked about the history of the second water meters and why we don't provide them. Ted McIntire, the Town Manager and Camille Anthony gave him the history of second water meters in the community. On motion by Schubert seconded by Tafova. the Board voted to close the hearing on an amendment to Section 4.9 of the Board of Selectmen's Policies establishing a Water Conservation Program. The motion was approved by a vote of 5-0-0. On motion by Bonazoli seconded by Tafova. the Board approved Section 4.9 on the Water Conservation Pro rg am revised 6/28/05 by a vote of 5-0-0. Aunroval of Minutes On motion by Schubert seconded by Bonazoli. the Board of Selectmen voted to approve the Minutes of Mav 31.2005. as amended. by a vote of 5-0-0. The Board discussed the issue of the proposed closing of the Otis Air Force Base. Following much discussion, on motion by Schubert seconded by Tafova. the Board of Selectmen voted to support the further studv of Otis Air Force Base and the potential of safety that such an action would have by a vote of 5-0-0. The Town Manager will work with Vice Chairman Rick Schubert to write the appropriate response. Board of Selectmen Meeting - June 28. 2005 - Page 7 Vice Chairman Richard Schubert asked how we could memorialize the policy on the Morton Field fence. The Town Manager asked for the opportunity to consider what the options might be other than an official Town policy. On motion by Schubert seconded by Duffv. the Board of Selectmen voted to adjourn the meeting of June 28. 2005 at 10:25 mm. by a vote of 5-0-0. The Board wished the community a very happy 4th of July. Respectfully submitted, Secretary 5~ THE LICENSING BOARD OF THE TOWN OF READING HEREBY GRANTS A RESTAURANT LICENSE to Expose, Keep for Sale, and to Sell All Kinds of Alcoholic Beverages To be Drunk on the Premises TO: BRINKER MASSACHUSETTS CORPORATION d/b/a ROMANO'S MACARONI GRILL, 48 WALKERS BROOK DRIVE, READING, MASS. on the following described premises: A one story wood frame building with full kitchen and dining facilities. This license is granted and accepted upon the express condition that the licensee shall, in all respects, conform to all the provisions of the Liquor Control Act, Chapter 138 of the General Laws, as amended, and any rules or regulations made thereunder by the licensing authorities. This license expires December 31, 2005, unless earlier suspended, cancelled or revoked and is subject to the following conditions: All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed. In Testimony Whereof, the undersigned have hereunto affixed their official signatures this 14th day of July, 2005. The hours during which Alcoholic Beverages may be sold are: From 11:00 a.m. to 12:00 p.m. on weekdays. 12 noon to 12:00 p.m. on Sunday. THIS LICENSE SHALL BE DISPLAYED ON THE PREMISES IN A CONSPICUOUS POSITION WHERE IT CAN EASILY BE READ. W/0004 / f M ti ~ V ~ 4 ~ ~ j- ' 3ohotic , Beverages Control Corrur..siorL FORM - 43 / /01(O 000a61 Reading February 3, 2005 O OR License Number citviTown Date Type of Transaction (please check all relevant transactions) (x) New License ( ) New Officer/Oirector( ) Pledge of License t ) Transfer of License ( ) Change of Location ( ) Pledge of Stock t ) Change of Manager ( ) Alter Premises ( ) Other dial t ) Transfer of Stock (specify) Brinker Massachusetts Corporation. 76175 Name of Licensee FIO of Licensee °6v y Roman's Macaroni Grill Edward LeBon DBA Manager 48 Walker's Brook Drive, Reading, MA OL8(7_ r , r^e Address: Number Street 1 o ) de; 4 o~eQ ~ } ;yy , [ys D J, Restaurant Annual All Alcoholic Arrkaal or Seasonal Category. All Alcohol,, Type: Restaurant l Nine and Halt, H ine only l.Lub, PacKage store, Ha Lt only etc. aescripti.on of Licensed Premises: A one. story wood frame building with full kitchen and diaintr facilities. - 10:.16 a.m. Application was filed Eeb'. 29, 2005 Advertised March t+. 2005 --.Reading Chronicle MAR 312009 DATEITLME DATE and PUBLLCATLQN Person to contact regarding this transaction: Abutters Notified YES NO M c6 Namej Andrew Anton c/o Holland & Knight LLP 1 Address: 10 St. James Avenue, Boston, MA 02116 Phone .=aver: (617 1 619-9236 Remarks: The l WLic?is i A i i Ru- r~yyG~~t~~ V G~ V 4- Alcoholic Beverages Control Commission Peter J_ Connelly Executive Secretor-V Remarks: / j~_ JUL 0-6 2005 'a2 THE LICENSING BOARD OF THE TOWN OF READING HEREBY GRANTS A RESTAURANT LICENSE to Expose, Keep for Sale, and to Sell Wine and Malt Beverages To be Drunk on the Premises TO: FRANK J. COLOMBA d/b/a COLOMBO'S PIZZA & CAFE, 2 BRANDE COURT, READING, MASS. 91 on the following described premises: Restaurant consists of 1000 square feet of which 600 square feet is dining area with front entrance and side entrance. Kitchen is 400 square feet with rear exit. Two handicap-accessible restrooms. Also, adjacent storage area. This license is granted and accepted upon the express condition that the licensee shall, in all respects, conform to all the provisions of the Liquor Control Act, Chapter 138 of the General Laws, as amended, and any rules or regulations made thereunder by the licensing authorities. This license expires December 31, 2005, unless earlier suspended, cancelled or revoked and is subject to the following conditions: All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth ' of Massachusetts shall be followed. In Testimony Whereof, the undersigned have hereunto affixed their official signatures this 5th day of Julv, 2005. The hours during which Wine and Malt Beverages may be sold are: From 11:00 a.m. to 11:00 p.m. on weekdays, 12 noon to 11:00 p.m. on Sunday THIS LICENSE SHALL BE DISPLAYED ON THE PREMISES IN A CONSPICUOUS POSITION WHERE IT CAN EASILY BE REAL \ y THE COMMONWEALTH OF MASSACHUSETTS Number: 2005-46 TOWN OF READING. Fee: $50.00 This is to certify that STARBUCKS COFFEE, 24 WALKERS BROOK DRIVE, READING, MASS., seating 38 customers IS HEREBY GRANTED A COMMON VICTUALLER'S LICENSE in said Reading, Massachusetts and at that place only and expires December 31, 2005, unless sooner suspended or revoked for violation of the laws of the Commonwealth respecting the licensing of common victuallers. This license is issued in conformity with the authority granted to the licensing authorities by General Laws, Chapter 140, and amendments thereto. Pursuant to Section 3.6 of the Board of Selectmen's Policies, patrons are not permitted to bring alcoholic beverages on the premises for their own consumption and licensees are not permitted to keep alcoholic beverages on the premises except for a small quantity that is used in. the-preparation _ of certain_sp~cialty_coo_ked_fc►o~ds. All signs shall conform with the sign regulations of the Town of Reading. In Testimony Whereof, the undersigned have hereunto affixed their official signatures. e' Date Issued: July 5, 2005 G w c go, den ~_l a \i- Municipal Tobacco Control Technical AssistAeld' PHYgram Donald J. Wilson, Director c/o Massachusetts Municipal Association (617) 426-7272 60 Temple Place FAX (617) 695-1314 Boston, Massachusetts 02111 email: d.j._wilson@mma.org July 7, 2005 Dear Municipal Leader: As tobacco control director at the Massachusetts Municipal Association, I'd like to update you on smoking and tobacco issues around the Commonwealth. The state law that bans smoking in enclosed workplaces with one or more employees has now been in effect for just over one year. Compliance for this law is very high. Since it became effective, Rhode Island and Maine have gone smoke-free and Vermont will do so in September. Complaints of possible violations can be made to the state's toll-free number at 1-800-992-1895. This law contains some very limited exceptions. The two types of exempted establishments that may still be problematic locally are private clubs and cigar bars. Complaints typically arise from restaurants and bars that believe they are unfairly losing business to these two types of establishments. If you want assistance in addressing complaints you may have received, please contact the. Three private clubs successfully sued the town of Athol in Worcester, County Superior Court. The judge found that the anti-preemption language in the state law was nota suficient legal basis for the town to ban smoking in private chubs. The Supreme Judicial Court will hear this appeal in the fall. Additionally, the state's Public Health Council is considering adoption of a regulation that would clarify some of the language in the state law, including defining "outdoor spaces" and private club membership to better enforce the conditions needed to permit smoking in private clubs or non-enclosed work or public places. Regardless of the Athol lawsuit or the Council's regulation, the Massachusetts Alcoholic Beverages Control Commission currently forbids private clubs from selling alcohol to non-members unless the municipality where the private club is located has adopted a guest nolicv for private clubs. Further information on this limitation is at the Cotmnission's website at www.mass.gov/abcc/fags334.htm. On the retail sale of tobacco, the Massachusetts Attorney General continues to enforce a regulation that limits tobacco vending machines to only piaces with liquor pouring licenses and limits self service displays of cigars and cigarettes to places that are adult-only. Both restrictions are intended to reduce youth access to tobacco products. The Department of Public Health's statistics show that in 2004, 14,382 compliance checks were conducted statewide to ensure that retailers don't sell to kids. The failure rate for that year was 14.2%. When the state program was at its peals funding, and considerably more checks were performed, the failure rate was as low as 7.3% (2002). This indicates the need for consistent checks, at least three times per year, to keep retailers diligent about not selling tobacco to minors. If your municipality does not have a tobacco control program, mini-grants are available to fund compliance checks. If you want to strengthen your local youth access measure or obtain a mini-grant, I can assist you. Thank you for your time. i Sincerely, Donald J. Wilson A Technical Assistance Project for cities and towns funded through a Massachusetts Department of Public Health grant to the Massachusetts Municipal Association. I:/c g0( TH FRIBAMS OF L B QU. CHI T T 4 111`734 P. 0. BOX 517, WAKFFIFLD, MA 01880 vv vv w.wakefield.org July 11, 2005 Al Turco Chairman, Board of Selectmen Town of Wakefield 1 Lafayette St. Wakefield, MA 01880 Dear Chairman Turco, Thank you for the interest you have shown in the problem caused by the excessive lighting from the Jordan's Furniture complex at the Walkers Brook development in Reading. Our membership continues to be concerned about how these lights have altered the environment of Lake Quannapowitt and surrounding areas. We are interested in anything the Board of Selectmen can do to encourage an amelioration of this situation. While there have been some changes at the complex to soften and redirect lights in the parking area, the high-powered glaring lights reflected off the front of the building continue at full power and are then magnified in reflection across much of the lake. Hundreds of people walk the lake every evening. The restorative quiet they seek has been altered substantially by the lights from Jordans. While there certainly are rights that the town of Reading and developers have creating a new commercial complex, we think citizens of Wakefield and others who enjoy the lake should have some protection against such needless change in the environment. Developments will keep coming over the years. Quiet spaces like our lake will never be added - only subtracted during passive moments. Who will be the guardians? Who will speak for the interests of Wakefield citizens? Thank you for anything you can do to address this - by neighborly meetings with Reading officials, by appealing to the owners of Jordans, or any other means that may be feasible. Please inform us of any ways we can assist in these efforts. Sincerely, Karen Faler, President Friends of Lake Quannapowitt. cc Tom Butler, Wakefield Town Manager "16 July 12, 2005 Board of Selectmen Town of Reading 16 Lowell Street Reading, MA 01867 Dear Members of the Board: As part of our ongoing efforts to keep you informed about key aspects of our service, I would like to tell you about some important changes that will go into effect for a small number of our customers in your community on August 16, 2005. In accordance with 207 CMR 10.02. please find herein information describing the changes and a copy of a brochure describing all of our digital service options and pricing. Effective August 16, 2005, a number of grandfathered digital packages, initially offered on or before 1999 by MediaOne, will no longer be available to customers who are currently receiving them. For nearly eighty percent of these customers, there are comparable programming packages, which are described in our customer communications. Unless we hear from these customers, they will automatically be moved to the comparable package on August 16th. For many of these customers, the price and programming will remain the same. For some, the customer will receive over 20 additional channels at a price that is $1-$5 less than the price they are currently paying. For a limited number of customers, there is no comparable package available. These customers will be instructed to contact Comcast prior to August 16th if they wish to continue viewing their current digital premium channels. Customers that do not contact Comcast to select another package will be transitioned to Digital Plus, at a price decrease. However, the transition may cause customers to lose some channels that are not in their current subscription.* Please see the following spreadsheet for further details regarding the referenced changes: NexTV Digital Interactive Program Guide $0.00 Digital Standard Family, Knowledge, or Movie Package $12.95 Digital Cable Three-Pack Package $15.95 Digital HBO Starter Pack $18.95 Digital Showtime Starter Pack $18.95 Digital Starz Starter Pack $18.95 Digital Cable Plus with Starz $24.95 Digital Cable Plus with Cinemax $24.95 Digital Cable Plus with Starz $35.95 Digital Cable Plus with Cinemax $35.95 Digital Cable Select $41.95 Digital Cable Preferred $48.95 Multiple Digital Packages Varies Famiiv, Knowledge, or Movie Packages $0.00 Interactive Program Guide $0.00 $0.00 Digital Plus $10.95 -$2.00 Digital Plus $10.95 -$5.00 Digital HBO a la Carte $18.95 $0.00 Digital Showtime a la Carte $18.95 $0.00 Digital Starz a la Carte $18.95 $0.00 Digital Plus $10.95 -$14.00 Digital Plus $10.95 -$14.00 Digital Gold $34.95 -$1.00 Digital Gold $34.95 -$1.00 Digital Plus $10.95 -$31.00 Digital Platinum $46.95 -$2.00 Digital Classic $5.95 Varies NA NA NA Reading, MA *Digital Plus does not include Bloomberg Television, Turner Classic Movies, BET on Jazz, Speedvision, or FxM. The referenced channels are contained in the Premier Pack at $6.95 per month. Digital Plus does not contain HBO, Cinemax or Stan, so customers may no longer receive those premium services, unless they contact Comcast to select another package. Because this may result in a change in services, customers will have the following options: 1) Do nothing and on August 16t", the customer's service will change as described. The change will be reflected in the next monthly statement after August 16, 2005. 2) Contact a Customer Account Executive at 1-800-COMCAST (266-2278) to discuss available options. The enclosed brochure describes our digital service options and current prices. All affected customers will receive a detailed customer communication regarding these service changes at least 30 days prior to the effective date. Comcast is committed to offering the best value in home entertainment and investing in new technology to expand the programming services that we offer, including Comcast High Speed Internet, On Demand and High Definition Television. Should you have any questions about the information contained herein or about our services, please do not hesitate to contact me at 978- 207-2264. Respectfully, Jane M. Lyman Manager of Government and Community Relations Enclosures 70 1/ V' e Service Connection* ...............................$30.00 Primary Line Activation ........$30.00 Repair/Maintenance .(per visit) $19.99 Truck Roll ........$45.00 New Jacks (per jack) $30.00 Reconfigured Jacks (per jack) $10.00 Line Activation (2nd + lines) ........$30.00 Phone Line Restoration ........$30.00 Long Distance Carrier Change 5.00 Add/Change Feature 5.00 Telephone Number Change ........$20.00 Directory Listing Change 5.00 Unreturned/Damaged RSU/RiSU ...up to $500.00 Voice Mail Connection 7.50 Voice Mail Change ........$10.00 Voice Mail Restoration ...$30.00 *Inside wiring and jack charges may apply. Directory Listings Non Published Number (per line) 2.03 Non Listed Number (per line) 1.21 Additional Directory Listing (per line) 1.85 Directory Assistance Directory Assistance-Local/Intra/InterLata 0.60 Directory Assistance Call Completion-LocaVIntra/InterLata 0.35 Subscriber Line Charge/Access Fee Per Line 6.44 Operator Handled Calls* Busy Line Verify Local/Intra/InterLata 1.12 Busy Line Interrupt Local/Intra/Interl-ata . 2.25 Collect Local/intra/InterLata 2.49 Mechanized Collect Calls Local/Intra/InterLata 2.49 *$0.12 per minute usage charge applies. c st Digital a i a ®r tion Comcast ConnectionsT"° Plus ................$22.95 includes a basic line, Value Pack* and By the Minute Long Distance Calling Plan Comcast CompleteTm Plus ...................$25.95 includes a basic line, Premium Pack- and By the Minute Long Distance Calling Plan Comcast Connections Any Distance TIM $48.95 Features Call Waiting, Caller ID, Call Waiting with Caller ID, Long Distance Alert, Call Return, and unlimited local and domestic direct-dialed long distance calls from home. Feature Packages - Prices are per line `Value Pack includes Cali Waiting, Caller ID, Call Waiting with Caller ID, Long Distance Alert and Call Return ...................................$6.00 -Premium Pack includes Anonymous Call Rejection, Cali Forwarding Selective, Call Forwarding Variable, Cali Return, Cali Screening, Call Waiting, Caller ID, Call Waiting with Caller ID, Distinctive Ring, Repeat Dialing, Speed Dial 30, and Three-Way Calling .....................................................$9.00 Voice Mail Voice Mail per line $4.95 Deluxe Voice Mail per line $8.95 A la carte Features - Prices are per line unless otherwise noted Anonymous Call Rejection $2.75 Cali Forwarding Selective $3.00 Cali Forwarding Variable $2.50 Call Return Blocking $1.00 Cali Return Unlimited $2.00 Call Return Per Use ($3.50 Max Charge) $0.50 Call Screening ..............................................$1.00 Cali Trace Per Use ...........................................$3.00 Call Waiting $3.50 Caller ID (Name & Number) $5.50 Caller ID Blocking Per Line $0.00 Caller ID Blocking Per Use $0.00 Caller ID w/ Call Waiting. $0.00 Custom Ring ................................................$2.75 Distinctive Ring .............................................$2.75 Long Distance Alert $2.25 Repeat Dial Unlimited $2.00 Repeat Dialing Per Use ($3.00 Max Charge) $0.50 Repeat Dialing Restrict $0.00 Speed Dial 8 ................................................$2.00 Speed Dial 30 ...............................................$3.75 Three Way Calling $3.50 Prohibit Billed to 3rd Party $0:00 Prohibit Billed to Collect $0.00 Prohibit Billed to 3rd Party & Collect $0.00 Toll Restriction ...............................................$1.00 Above prices are per month unless otherwise noted. All distance calling plans apply to direct dialed long distance calls Plan does not Include international calls. There will be no Individual call detail on your COMCAST billing statement for from home. All prices are subject to change. Service not available in all areas. Prices do not reflect promotions and spa- direct dialed state-to-state and in-state long distance calls that are Included in this plan. Additional terms and conditions clai offers. Comcast Connections Any Distance Package is only available to Comcast residential customers who select may apply. Not all telephone features are available Wt h the Comcast Connections Any Distance Package. Prices do not Comcast Digital Phone as their local, local toll and long distance provider. Plan includes domestic direct-dialed calls from include a monthly per line access fee (Subscriber line Charge), a Universal Connectivity Charge and other state and local home and calls to Puerto Rico, Guam, the U.S. Virgin Islands and the Commonwealth of the Northern Mariana Islands. charges that may apply. 02005 Comcast All Rights Reserved. + Display unit is required. When subscribing to Call Waiting and Caller ID. Basic Line ..................................$16.00 Additional Lines (each) $ 9.00 i 0019 (q7omccist. ~f I~ a e o 227 mGas$,c°m - G° teaNres and as.To receive KD a1 inant table to a { a cited A manthty KD Hp p~9~am abiitty, KDN dot and oth ava ant is te4 amming• to ava es eq ND and non KD P min9 Psowde{' a Local bmadcaet channats ate sandy cable box, remote aconmtty P1 dD tottnat by ~e Pi°grec~iveKDN• Sarv s hon teAUl2d ain0, and 6mm laves at Comtast Ls benetfts, an rip tale apPllets AdveNssdchan ro ,dad tag ce subscdP remium Pmfl 1 ©2005 Gamcast and remote cbam the PmgsammIn su l td change. Baste sa vt n resGomedy a t aro sagisteted mtn9 1s timitad to r~ynnttng shasgss . gtarz Comedy Ptagrartmingands AptgitalGabtebaxistequredtotacaweD4gGinoma,Stap Sgnemale9°'oiSta2Encore Bmi, Pmg ammtng subyecito avatlabllityar monthly cable box and [smote cantrot centai. Gada1 as aPPN tcMs &Family, Statz tog serv ca maw sarvic hRas~srv d.Sgtaa StanEd8Ed9og° S~ S gEnrulreDramaand aVs mCem4am :Sued AHD Gmemax stye AttR19 and Stan 1ngoFn EncomyShovNme Netw~dGcs lr&oed uses SubscnPtton to dy of their rasp c ' satvtce mad~s Aybon, re Lo ~demadc ema~ me ~ Qt°~ ,sd.K6D is a mg- ~ L.P. N4 n9h~ sssety 109o~~G'S ovNmatsace9~terod Sut+dane?~ ~ tnNDTV.A4lothertrad OmuP' dEma~ntSundaneNeilBOs}Ctn max,starz arEnteclatnmentComt~y07145 Wedira uiredtosec O cs,a0lmsonatRmeWa 4P M N gRO me is 2pg5 Hama Rox et Entari~nmenl Cams d pTy- SOO iwa ovnets ~y naWam tstamd "'-&e mak 4 J~ ~ c F" 0 4e Y :1 rw k W *A : f 0 ®ISTO RY CHANNEL s1.'~`~, Bloomberg INTERNATIONAL. 120®AMERICA" NATIONAL c cHannvec. TELEVISION -•Q-,.-_ GEOGRAPHIC NETWORK CHANNEL q®4®.Q~e~ x. ~ oh! M/ ..-x. "kFc m 1Y sundaiice` ` . NOGGIN Biome CHANNEL Oxygen eaDNrKrv , L ..a a.,ed• ~J L er O DEMAND. V nn"ETWORK ON. DE ONOO DEMAND themoviechannel -,.1~i~~dS, • FINE 0 endemamr i ©LL!(tWLf. ONDSAND ILIVINGI V Hre,'ZVw < ~1ERAVc ONODEMAN. ONOO DEMAND :j i 11 • i > Digital Cable's best-kept secret- music 24-hours a day, without talk or ads. > Connect your digital set-top receiver to your stereo for flawless digital sound. > There's something for everyone, from Jazz to Country. Rock to Classical. 1 1' 1 ' 1/ 1 'j H O T V.I C: ..P.'N" D MR' *CBS H vn-•ICz. jiJ w R *CBS PBS 0 4011,01- HBO V TNT Y . T. At the touch of your remote, you can: > Check listings by time, channel or entertainment category, and set reminders for the programs you don't want to miss. > Browse other channels without leaving the one you're watching. > Restrict access to channels or programs you find inappropriate for young viewers. > Access can be restricted for N programs as well as pay-per-view, and ON DEMAND movies, shows and events. It's more of what you love about television! 'll ill Comcast Digital Value packages are exactly that - a great value in home entertainment** • Dozens of new entertainment and information channels • Access to High-Definition programming • 46 channels of music • On-Screen Program Guide • ON DEMAND ism Convenient Package Options with Comcast Digital Cable ~Y For demonstration purposes only. Packaging may differ by location. Refer to your community's channel line-up card a Digital or High-Definitlon cable box, remote and Standard Cable not Included In Digital Package pricing. These Digital Packages are the current packages offered. Packages not listed are no longer available. Certain restrictions apply. Service su programming Is available without a Digital Cable Package. Access to some HDTV channels requires minknum levels of digital cable service. Call 1 •800-COMGAST for details. ttWGBF/WGBY is a digital broadcast channel and is available as part Digital Classic Sports Pack music Choice® Fr ; 0", EMAND Speed Channel Showcase o WIGN/VJGRY W kill Outdoor Channel Fox Soccer Today's Country if le No Geographic Ch. 1 T G Classic Country Bluegrass 212- sstyy . Independent Film Chann ame V el ~ R & B and Hip-Hop 2; ¢ N One - NM s~ F antic Classic R & B - Women's Entertainment FCS Central Smooth R & B 'GBHPGBY IOdstt FCS Pacific R & B Hits G4 NFL Network Rap t. Nicktaons 601 TV Metal Discovery tads Digital Premium ARrranna Rock Noggin 274 + Nick GAS HBO HBOZ Classic Rock Discovery Health 22 The Science Channel HBO St nature HBO Fi nat Alternative Ra-Ar ba bve ,W Tandy Broadcast Network HBO Comedy c Jewelry TV by ACN HBO Zone Dance Danc Black Family Channel HBO Latino Aitemative The Word Network Stara Soft Rock WGBHtWGBY Creatett Start Edge Hit L st EVM Stm In Black 0s Favorites BDCAmerica Slarz lads & Family 9 ? Weatherscan Loral Starz Cinema BOs ESPNews _ AZN Television - NEVVt Starz Comedy Cinemax 70's Solid Gold Oldies M7'V2 MoreMAX Singers and Standards E VH-1 Country fi New Big Band and Swing - e VH-1 Classic Showttme - F.esYDstening t warrvwaer aigm emarast away Showlime Too " Smooth Jazz Digital Pius ShowhmeShowcase Jazz s Sundance Channel Encore Action Showtime Extreme Showtime Beyond Blues Reggae Encore Love Encore Mystery Rix The Movie Channel Souadscapes Classical Masterpieces Encore Drama TMCXtra Opera Encore Westerns Pay-Per-mew ~ ` Light Classical Show Tunes Toon Disney E WA 4 Of4p2jHomeTheater Contemporary ChrisBan ncore MI Home Theater P'435~ P ea Gospel Nick Too FRIV l sure NOV Playboy Radio Disney lure TV Disco H C 11 Spice [MI Playboy espahol Sounds of the Seasons Musica Urbana very ama hannel n The Hat N t k Salsa y Meren ue Fee Living Channel Do ItYourself Network e wor The Not Zone g Rock an espanoi History International Sports Pay-Per View Pop Latino Biography Channel NBAcum Mexican Discovery Times Team 1-11 international ChaMels Military Channel MLB-NHL Game 679`! RAJ NFL Network Lifetime Movie Network M HIgh-Definition inltioA Programming* 681 }i SPT i TV5 TV Hits VH-1 Soul WGBH PBS" (Boston) " ` 701; Zee TV ng flan Great American Country MTV FSB CBS (Hartford) W WBZ CBS (Boston) '703,; Rtt~ ; Jams Encore WGIB ABC" -(Boston) WHDH NBC- ston ( 704 ' Supercanal MTV espaool WMP ( field) Spring 705 i' Canal 52 MX Digital Premier Pack WFxr FOX" (80stan) TNT HD ' 7D6 Discovery en espanol 707 • Cine Latin rner Classic Movies oxygen WSBK UPN- t (Boston) 708 o I Fox Sports an espanol Bloomberg Discovery HD-` ESPN HO"' 1 M 710 ~ CNN an espanol i Toon Disney Speed Spe Channel Television AZN WU11 W'B- (Boston) 111 ; MTV espalier Outdoor Channel 1 WGBY PBS- (Springfield) W`HOFOX- (Hartford) 712 ( Casa Club TV 7t3 CineMexican Fax Soccer NBA TV Cinemax HO- - 714 ! Gal TV (English) Ceiticviston HBO HD Stolz HO_ 715 ! NFL Network (English) 710;ThegsturyDora an esparol fuse BETonJazz Showli aHO- INHD" ' 1 7 WAPAAmerica -NMI - Movies FXM FbX 1NHOVNESN HORN HD- 17041-n7n ttwravA~sro~ &oaitsst Wmds era araih0le azpart N a BzsC mMe sOVginAdpitrl comcost Algs{gbgy,araigeKCa6ra 6s 5 iaPNetl Io~.rNeo7ANa1 Caale de: v5 "its bi s t l 000-COMCAST ~r a ma 2st 0 a,m« aA ham 5arore~LHhneppry. tee , ~t 07105 Now on Comcast Digital Cable! There was a time when you thought your old TV looked just fine. Then you saw HDTV. The clarity. The vivid color. And your only questions was, how do I get V The easiest way to bring HDTV home Now, Comcast Digital Cable brings you high-definition programming on ESPN, HBO and Showtime, as well as ABC, CBS, NBC, PBS, FOX and more.* If you have an "HD-capable" or "HD-ready" set, there's only one other thing you need to enjoy the amazing HDTV experience - an HD cable box from Comcast Digital Cable. With an HD cable box, there's no need to buy a separate HD receiver or decoder. Have access to more sports than ever before with Professional Sports Packages'' from iNDEMAND PAY PER-VIEINB: R CI . MLB EXTRA INNINGS -Whether you follow Pedro, I Manny or Sammy - with up to 35 out-of-market MLB in, 11A games a week during the regular season you won't miss a . minute of your favorite team, c NBA League Pass - NBA action is fantastic! A I i i Catch up to 40 weekly games from around the league during the regular season NB NHL Center Ice - Follow your favorite team and catch up to 40 out-of-market regular season NHL ....ames a week. NASCAR in Car - Get 5x the rush with 5 in-car ' channels that allow you to switch from car to car with your digital remote, get full network race coverage, virtual dashboards, in-car audio, and complete, real- time racing scats. It's only on Comcast Digital Cable : MLS Direct Kick - Get in the game with up to 120 regular season and playoff games. *Not available in all areas ON DEMAND: Your built-in video library. Television has a brand-new schedule: Yours. ON DEMAND gives you an extensive library of shows, movies, and sports that's continually updated. With hundreds of m hours of programming to choose from, there's always something great to watch, Choose from hundreds of shows at no extra charge, or get movies for about what you pay at the video store, All the movies are yours to control for 24 hours, and you will never pay a late fee. Pick a show. Play it whenever. After an ON DEMAND program starts, you can pause, rewind, or fast- forward, Watch it again and again. And using ON DEMAND is as simple as picking a program and pressing Play. Go to your Comcast Digital Cable menu, select ON DEMAND, and enjoy. At Comcast, we're constantly seeking to improve our customer service and the products we offer. One example? An important enhancement we've made to your Digital Cable service, ' W, free of charge. That s ON DEMAND, It's the revolutionary way to enjoy TV on your terms- something that satellite TV can't provide its customers. ON DEMAND. Just another way we're inviting you to rethink what you once thought about cable TV. i o~Ac: i _ Not all Digital equipment is ON DEMAND compatible. LIC (so RCTV 2m5 JUL 15 AM 8~ 32 Reading Community N 224 Ash Street Reading MA 01867 July 12, 2005 To the Reading Board of Selectmen: On behalf of everyone here at Reading Community Television, I would like to thank each and every member of the Reading Board of Selectmen for their participation in the recent Selectmen's Forum. RCTV strives to serve Reading residents by providing them with an outlet for their own ideas and communications, as well as access to their local government by providing coverage of numerous meetings of government bodies. With the Selectmen's Forum both these ideals have come together in a perfect display of synergy between the town and RCTV. This success would not have occurred without your participation. I am very grateful that you took time out of your schedules to come down to our studio and be a part of access television. Thank you again, and we look forward to seeing you on September 2e, 2005. Sincerely, Philip Rushworth Executive Director Reading Community Television 9., RCTV 2m3 JUL 15 AH 8: 32 Reading Community N 224 Ash Street Reading MA 01867 Peter, July 14, 2005 At their July 12, 2005 meeting, the RCTV board of directors approved a five year capital plan with a 7-0 vote. The board will review and adjust the plan annually. I will also include our capital budget with our financial statements quarterly as required by contract. Enclosed is a copy of the capital plan, and an invoice for the Comcast capital grant. Please contact me if you have any questions. Thank you. U,-'Y Philip Rushworth Executive Director Reading Community Television pQl' d~ Reading Community Television Capital Plan - Draft The Capital Plan information was collected from the following sources: • RCTV Technology and Capital Improvement Committee (RTCIC) • RCTV Membership • RCN Staff • Community Access Studios from the area • Current RCTV Vendors This plan should not be viewed as a definitive course of action for RCN, but rather a starting point for our capital needs. The RTCIC met from September of 2004 through April of 2005. Discussions at these meetings provided insight into our capital strengths, weaknesses, and challenges. RCTV Board Members, RCTV producers, and RCTV staff also provided comments on various capital needs. Members of RCTV were asked to give their capital request to the RCN staff. Membership requests were presented to the RTCIC. Members were asked for "Wish List" equipment needs: Lighting for the studio, portable editing, and chroma key were high on these lists. RCTV Staff offered input on capital needs from a daily operation point of view. Staff also visited other area studios, trade shows, and researched current industry trends. RCTV staff's daily operational uses and equipment needs are reflected in this report. Meeting with our current equipment vendors also provided us input to equipment uses in the area. RCN's capital needs are heavily influenced by technological developments in the public access world. What will be the "next" big information technology advancement for public access TV? How will the decrease in cost and increase in ease of use of new content production tools impact RCTV? What role will the Internet play in the distribution of new content? What are the challenges facing the cable industry (Rewrite of Cable Act)? What will a second cable provider (Verizon) in Reading mean for RCTV's funding? In general, RCTV needs to remain aware of emerging technology and continue to evolve its offerings to meet the demands of new systems and resources. Currently production and post-production resources are becoming cheaper and easier to own. RCN has an opportunity to meet the needs of an increasing home producer base through its classes. Additionally, there is the potential to obtain more content for distribution and the organization should consider what this means in terms of membership processes. Critical issues RCTV should address in the next year: • Facility space, aging capital resources, and guarantee of funding pose a threat to our mission. The expiration of our lease at its 224 Ash Street location in November of 2008 is a concern. If RCN moves from the Ash Street studio, additional funding for facility upgrades, rent will need to be addressed. • Our current capital grant of $50,000 is not enough for adequately fund our capital needs for the next 3 years. Funding from a second provider (Verizon), as well as a new contract with Comcast in 2008 need to provide RCTV with a better capital funding schedule. • Changing technologies and consumer use are impacting the need for RCTV production and distribution activities (digital cameras, home editing, internet TV). This trend is likely to grow and RCTV needs to address positive and relevant strategies to meet these trends. • How long it will be before HDTV becomes the dominant form of television? While mainstream HDTV is still years away, no public access station will want to get caught falling behind this trend. When the change comes, it will come suddenly though the transformation will be years in the making. In the time since RCTV tech meetings in April, Panasonic introduced the first full HD video camera under $10,000 - the AG-HVX200. HD. Not HDV for some lesser format designed to fit on a DV tape. Clearly, there will be more content, demand for HD size video in the future. ~Q2 `sa (DO 2009, 2008 $5,000 ,~c~ capital Plan 2005.2009 2407 P"' 2006 '212)'- raved Bury 2005 $10,000 .capital item $5,000 Studio Lighting $5,000 New light units, cables, 404 e ui ment $15,000 $30, bulbs Safety q p Government meetings $71000 Town Hall, Conference room $3,500 $7 s444 3,500 master playback, Ol 500 Charm 500 $3' $35,000 remote access $,3, $5,000 Portable Cameras pV camera and hard drives $1$,000 RCTV Stud'10/COntro' Video and audi$5,000 $5,000 equipment upgrades $5,000 Digital editing equiprnent $7,000* $14,400 $4,000 $4,Q00 $$,ooo High school Studio Audio Microphones Mics wireless system and lav. . $18,000 $4'540 $107,00() Ligkiting Grid- $18,500 Double Track system $44,000 And curtain for studio $18,500 Fund Totals Reading Education and Technology *Grant money from 07/19/2005 TUE 10:08 FAX 617 722 2390 HOUSE GOP LEADER'S OFF 0002 C trzl~ n~ta~a OL'95'~ :167 a 201" MIDDLESEX DISTRICT BRADLEY FFi. JONES, JR. READING • NORTH READING STATE REpRESENTATIVE LYNNFIELD • MIDDLETON ROOM 124 MINORITY LEADER TEL. (617) 722-2100 Rop. Brad lsyJones@hou.state.mra.us July 19, 2005 Mr. Peter Hecllenbleilaier, Town Manager Town of Reading Reading Town Hall 16 Lowell Street Reading, MA 01867 Dear Mr. Heehenbleikncr: I am writing to share with you a reminder about two state grant programs that could potentially benefit Reading. The first is the Drinking Water Supply Protection :Program Grant which provides funds to municipalities to protect pikes of land deemed critical to the protection of water supplies. The second is the Community Development Block Grant which provides funds to help towns and small cities to meet a broad range of community development needs. My understanding is that Reading does not have any applications pending currently- I encourage you to consider. these grant opportunities for the coming year if they are relevant to the town's priorities. My office is always happy to assist with any grants the town wishes to pursue. Should you have any thoughts or concerns on this or any other matter please do not hesitate to contact me. 1. Jones, Jr. Leader L' (C ids yaw OP104 a/ 2 120 P3 3: 39 ~.G. LATHAM9 LATHAM & LAMONDP 643 MAIN STREET READING, MASSACHUSETTS 01867-3096 WWW.LLLLAW.COM KENNETH C. LATHAM (1939-1996) 0. BRADLEY LATHAM JOHN T. LAMOND SHEILAH GRIFFIN-REICHARDT JOSHUA E. LATHAM CHRISTOPHER M. 0. LATHAM DAVID J. LATHAM, OF COUNSEL TELEPHONE: (781) 944-0505 FAX: (781) 944-7079 July 1, 2005 Board of Selectmen c/o Town Manager Reading Town Hall 16 Lowell Street Reading, MA 01867 Re: Johnson Woods; Affordable Housing Attached please find the following draft documents: 1. LIP Application; 2. Regulatory Agreement; 3. Deed Rider; and 4. Lottery documents. Please provide us with your comments. cc: Joan E. Langsam, Town Counsel Brackett & Lucas 165 Washington Street Winchester, MA 01890 ob1:pp:\ted moore\june 14 Sincerely, Latham, Vam amond, P.C. a le yaw ClAe4 V/ LATHAM, LATHAM & LAMOND, P.C. 643 MAIN STREET READING, MASSACHUSETTS 01867-3096 W W W.LLLLAW.C O M KENNETH C. LATHAM (1939-1996) 0. BRADLEY LATHAM* JOHN T. LAMOND SHEILAH GRIFFIN-REICHARDT JOSHUA E. LATHAM CHRISTOPHER M. O. LATHAM *ADMITTED TO PRACTICE IN MASSACHUSETTS & NEW HAMPSHIRE Community Planning and Development Commission c/o Christopher Reilly, Town Planner Town Hall 16 Lowell Street Reading, N LA, 01867 Re: Johnson Woods, West Street, Reading, MA; Affordable Units TELEPHONE: (781) 944-0505 FAX: (781) 944-7079 June 13, 2005 Enclosed please find a draft LIP application, regulatory agreement and deed rider. Please provide us with any comments. We shall then forward the documents to the Selectmen and DHCD for their comments. While plans have not been finalized, JTE Realty Associates will most probably be engaged to run the lottery and Citizens' Housing and Planning Association ("CHAPA") engaged to monitor subsequent sales. Sincerely, La7e,.Bradle ham & LaIno , P.C. ham cc: Board of Selectmen LIP UNITS ONLY APPLICATION Johnson Woods, Readine, MA Developer: Johnson Woods Realty Corporation 8 Doaks Lane Marblehead, MA 01945 Attn: Edward T. Moore Consultant: Contents: LIP Application Marketing Plan Regulatory Agreement Deed Rider LIP Unit Selling Prices Pages 2 - 5 Pages 5 - 7 Pages 9 - 25 Pages 26 - 38 Page 39 Community Information Chief Elected Official: Name Riehard Schubert Title Chairman. Reading Board of Selectmen Address Town Hall. 16 Lowell Street City/Town/Zip Code Reading. MA 01867 Telephone (7811942-9043 E-mail Chairman, Local Housing Partnership (if any): Name Title Address City/Town/Zip Code Telephone ( i E-mail go3 City/Town Planner: Name Chris ReilIv 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 Readine. MA 01867 Telephone (781) 942-9012 E-mail Community Contact Person for this project: Name Chris Reillv Title Town Planner Address Town Hall, 16 Lowell Street City/Town/Zip Code Readiniz, MA 01867 Telephone (781) 942-9012 E- mail Community Support Narrative & Project Description Page 2 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 buildings. Approval of the project requires 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 6.13.05 ti I objective is for the affordable units to count towards the DHCH's Subsidized Housing Inventory for the Town of Reading. Page 3 The developer of the project, Johnson Woods Realty Corporation, has agreed to provide seventeen (17) affordable condominium units, the number required under 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 SiLynatures of Support for the Local Initiative Units Apalication Chief Elected Official: . Chairman. Board of Selectmen (Signature) Chairman, Local Housing Partnership: (Date) The Proiect Project Site Street and No.: Community: Zip Code: NA (Signature) Johnson Woods 468 West Street Reading, MA 01867 (Date) Site Characteristics: proposed or existing buildings by design, ownership type and size. Proiect Stvle Total Number of Units -0' 'w 6.13.05 s Page 5 Unit Composition Type of Unit: • Condo Ownership None Townhouse Garden-style ("flats") Townhouse Single family # of # of # of Gross Units Bedrooms Baths Square feet 1 2 2 3 4 2-4 Local tax rate per thousand $ 12.57 For Fiscal Year 2005 Livable Square Sale Prices/Rent Homeownc feet Condo fe (avg) $ $ $ $ 6.13.05 • Page 6 JOHNSON WOODS: LIP UNITS ONLY MARKETING PLAN Marketina for Affordable Units: The marketing sales process will start approximately six also months before units will be available for purchase. Advertising-A variety of media will be utilized to attract potential buyers including newspaper advertising, the posting of flyers in town and surrounding towns, public service cable advertising in the local market Flyers will be sent to a broad range of town offices and community organizations. The mailing will request that flyers be posted on bulletin boards or distributed to employees or members of the organizations. Advertisements will also be placed in local, regional and state newspapers that reach minority populations in the region, and will indicate the date and time of public information meetings, the deadline for applications, and how interested buyers can obtain applications. The minority outreach will be very "grass roots" in nature with strong focus on the local market. It will include contacts with local organizations, churches, etc. Applications will be mailed to all those who have mailed in requests and will specify a deadline by which the application must be submitted. Public Information Meetings Community Outreach-After the first phase of the media campaign A public information meeting will be held. The meeting will enable the town and the developer to better assess the strength of the market and to identify potential prospects and applicants. The date, time, place of the lottery will be announced and buyer selection process will be explained. Pre-Screening Period-.Applications will be accompanied by a letter of approval from a Fannie Mae approved lender. Said financing approval letter will have reviewed hard credit, income verification, employment status and source of funds. As applications are received during the application period and during the pre-screening period, applicants will be screened by the marketing agent/lottery administrator for eligibility and for credit history. A determination will be made as to whether each applicant qualifies for the affordable units. Those who qualify will be issued a ballot for each of the pools for which they qualify. All applications received will be processed and added to the database for selection. Buyer Selection Process- A two-part lottery will be held to determine the ranking of pre- screened and pre-qualified affordable applicants. One part of the lottery will address the 70% local preference goal (the other all remaining applicants). Units of each of the available bedroom sizes will be proportionally distributed among each lottery pool category. Applicants in the local preference component will be given the opportunity to identify themselves as minorities. After the application deadline has passed, a determination will be made concerning the number of local resident minority households, and the percentage of minority applications in the local preference pool. For the purposes of this buyer 6.13.05 • S Page 7 selection process, if the percentage of minorities in the local preference pool is less than the percentage of minorities in the surrounding HUD defined region, several adjustments to the local preference pool will be made. The marketing agent will hold a preliminary lottery comprised of all minority applicants who did not qualify for the local preference pool and will rank the applicants in order of drawing. Minority applicants will then be added to the local preference pool in order of their rankings until the percentage of minority applicants in the local preference pool is equal to the percentage of minorities in the surrounding HUD defined region. The lottery process will give preference for LIP units to families of two or more over single individuals in all cases. Two bedroom units will be prioritized for larger families requiring additional bedrooms. Ballots - Each applicant will be issued a ballot for each of the pools for which they qualify. The number of ballots will be equal to the number of applicants for each pool. All ballots will be the same color and the same size and will list the minimum number of bedrooms each household legitimately needs to be accommodated. The ballots for each pool will be placed in an opaque bowl. Without being able to see, a local official or town employee may reach into the bowl and draw one ballot at a time. Ranking- The first ballot drawn will be number one, and so on until all ballots have been drawn. The name and number of each applicant in. each pool will be recorded by the marketing agent in the order in which it was selected. Applicants should be informed of the ranking process and made aware that the order of selection does not guarantee that they would be assigned a unit. Awards-The largest bedroom units will be awarded first. The marketing agent will proceed down4he:list of ranked applicants to the first applicant on the list which need a minimum number of bedrooms-equal to the largest available unit. For example, a family of five may need a minimum of three bedrooms. Once all larger applicants have been assigned to appropriate sized units in this manner, the selection order returns to the top of the list to the applicants with the next highest bedroom need. This process continues until all available units have been assigned. Remaining unselected households will be drawn upon in the same manner if alternate buyers are needed. The list of unselected applicants will become the waiting list for future sales, resale's, etc. Affirmative Fair Marketinu Goal As required under the LIP Guidelines, the affirmative marketing target will be equal to the greater of the (1) the percentage of income-eligible minority households in Reading; 6.13.05 9 Page 8 or (2) the percentage of income-eligible minority households in the applicable regional planning area. Minority Outreach Plan: The targeted outreach will rely very heavily on communicating to minority groups the availability of entry into the home buying process, whether through the state-sponsored first-time homebuyers mortgage program or standard financing. The marketing effort with each group will be conducted in the language that they are most comfortable receiving information and within a familiar cultural framework. The marketing effort will attempt to show potential minority candidates who may have felt discriminated against in the past that there is a system and a real possibility of becoming a homeowner in the development. Target marketing will utilize one or more of the following in its approach: • Direct meeting with minority community, social, political, commercial, and religious groups. • Newspaper advertising in minority community publications (e.g., La Semana, El Mundo, Bay State Banner) • Radio advertisements, press releases. • Cable TV in Boston, Cambridge, Lynn in addition to Reading • Employers in the Reading area • Civic or Political Groups such as the Reading Housing Authority 6.13.05 ~/1 Page 9 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 200 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 Town of Reading ("the Municipality"), and Johnson Woods Realty Corporation, a'Massachusetts corporation, having an address at 8 Doaks Lane, Marblehead, Massachusetts, 01945, and its successors and assigns ("Project Sponsor"). WITNES SETH: . 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 condominium housing development known as f6hnson Woods at an approximately 27 acre site on West Street, in the Municipality, more particularly described in Exhibit A attached hereto and made a part hereof (the "Project"), which Project is being developed pursuant to a multifamily special permit ("Special Permit") issued by the Community Planning and Development Commission (CPDC), a copy of which is attached hereto and marked Exhibit D; WHEREAS, such Project is to consist of a total number of one hundred sixtv-six N 661 condominium units (the "Units"), of which seventeen (17) of the Units; namely Units numbered and 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 above-identified Units numbered Units in the Project are Local Initiative Units, hereinafter sometimes called "LIP Units" ` 6.1105 t5 or "Low and Moderate Income Units" (as that term is defined in the Page 10 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 LIP Units within the LIP Program and has given and will give technical and other assistance to the Project; 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 LIP Units in accordance with plans and specifications approved by the Municipality and DHCD (the "Plans and Specifications") and in accordance with all terms and conditions of the Special Permit. In addition, all LIP Units must be indistinguishable, from other similar 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 sixteen of the LIP 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:bedrooin:units - 120O.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, except as are lawfully waived or varied. Except to the extent that the Special Permit exempts the Project from such compliance, 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 Purchaser 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 6.13.05 otherwise evidenced a stable inter-dependent relationship; or an individual. Page 1 1 The "Area" is defined as the Boston MSA/PMSA/Non-Metropolitan County. 3. Upon issuance of a building permit for the project, the LIP Units will be included in the Subsidized Housing Inventory as that term is described in 760 CMR 31.04(l). 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 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 moreparticularly 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 Municipality 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 satisfactory in form and substance to DHCD and the recording of 6.13.05 Page 12 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 consistent with the Project condominium documents 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 Municipality nor the Project Sponsor are in default hereunder; (2) the Project and Low and Moderate Income Unit each continue to comply with the applicable 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 i's 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. The.Municipality agrees"that upon the receipt by the Municipality of any Windfall Amount, Ekcess Prof t; or any amount paid to the Municipality pursuant to the provisions of Section l,'Section 3,or Section 4 of the Deed Rider (the "Additional Windfall Amounts"), the Municipality shall deposit any and all such Windfall Amounts, Excess Profit, 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. 6. 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, which approvals shall not be unreasonably denied, delayed or conditioned and shall not impose requirements that are 6.13.05 Page 13 inconsistent with the attached Special Permit. 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 tbe,Project Sponsor. A failure to comply with the Marketing Plan by the Project Sponsor or by the-Municipality shall be deemed to be a default of this Agreement. The Monitoring Agent or Municipality 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. 7. 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. 8. (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 6.13.05 V l~ pertaining to the affordable units only and not the overall project or the Page 14 project sponsor. It is acknowledged and agreed the limits on profitability normally associated with a LIP project do not apply to this Project as the affordable units contained herein are the result of inclusionary zoning. (b) 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. 9. 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 Municipality evidence of such recording or filing including the date and instrument, book and page or registration number of the Agreement. If the condominium documents creating the LIP Units have not been recorded at the time when this Agreement is executed, this Agreement need not be recorded until the Condominium';documents are recorded. 10. 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. 6. t 3.05 95 Page 15 (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. 11. Except for construction mortgage financing and for sales of Units to home buyers as permitted by the terms of this Agreement, Project Sponsor will not sell, transfer, lease, or exchange the LIP Units without the pribr written consent of DHCD and the Municipality. 12. 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 thereafter to operate the Project in accordance with the terms of this Agreement, subject to (a) the approval of the Project's lenders and (b) provided there are adequate insurance proceeds paid and available to fund all of such repair or restoration and (c) the requisite number of unit owners (other than the Project Sponsor) approve such expenditure and (e) requisite governmental permits and approvals are obtained to make the repairs or restoration.. 13. 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. 14. 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: Page 16 DHCD: Department of Housing and Community Development Attention: Local Initiative Program Director 100 Cambridge Street, Suite 300 Boston, MA 02114 Municipality: Board of Selectmen Reading Town Hall 16 Lowell Street Reading, MA 01867 Proiect Sponsor: Johnson Woods Realty Corporation 8 Doaks Lane Marblehead, MA 01945 15. (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, but are imposed only on the LIP Units. This Agreement'i's: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 DECD 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 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 6.13.05 U 1 d the benefit of DHCD and its successors and assigns for the term of the Page 17 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. Nevertheless, no profit or dividend limitations are imposed on the Project Sponsor and no use or development limitations are imposed on the Project by virtue of this Agreement. (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. 16. 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. 17. (a) The Project Sponsor and the.. nicipality 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 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. Once the Project Sponsor has sold and conveyed all of the LIP Units in accordance with this Agreement, the Project Sponsor shall have no further obligations under this Agreement. This 6.13.05 G Agreement does not impose any obligations on the market rate units in the Project or owners of those units or the Project condominium association. Page 18 (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. 18. 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 intentionally left blank. The signature page follows.] 6.13.05 )OV 91 Page 19 Executed as a sealed instrument as of the date first above written. (Project Sponsor)-Johnson Woods Realty Corporation By: 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 Consent forms signed by any and all mortgagees whose mortgages are recorded prior to this Regulatory Agreement must be attached to this Regulatory Agreement. obl.02.20.04 6.13.05 ~I COMMONWEALTH OF MASSACHUSETTS Page 20 COUNTY OF MIDDLESEX, ss. . 200 Then personally appeared before me the above-named Edward T. Moore, being personally known to me, as President of Johnson Woods Realty Corporation [Project Sponsor] and acknowledged the foregoing instrument to be his free act and deed and the free act and deed of Johnson Woods Realty Corporation. Notary Public My Commission Expires: COMMONWEALTH OF MASSACHUSETTS COUNTY OF SUFFOLK, ss. ^ 5200 Then personally appeared before me the above-named as of the Department of Housing and Community Development and acknowledged the foregoing instrument to be his/her free act and deed and the free act and deed of the Department of Housing and Community Development. Notary public My Commission Expires: COMMONWEALTH OF MASSACHUSETTS COUNTY OF MIDDLESEX, ss. , 200_ Then personally appeared before me the above-named and as the Selectmen of the Town of Reading and acknowledged the foregoing instrument to be his/her free act and deed and the free act and deed of said Town of Reading. Notary Public My Commission Expires: 6.13.05 35 Page 22 CONSENT TO REGULATORY AGREEMENT Re: Johnson Woods (Project name) Reading. MA (City/Town) Johnson Woods Realty Comoration (Project Sponsor) The Undersigned being the holder of a mortgage on the above described Project recorded with the Middlesex South District Registry of Deeds in Book . Page hereby consents to the execution and recording of this Agreement and to the terms and conditions hereof. Banknorth, N.A. (name of lender) By: its COMMONWEALTH OF MASSACHUSETTS COUNTY OF . ss. . 200 Then personally appeared before me the above-named as the of Banknorth, N.A. and acknowledged its consent to the foregoing instrument to his/her free act and deed and the free act and deed of said Banknorth, N.A. Bank. Notary Public My Commission Expires: (If the Project has more than one mortgagee, add additional consent forms. Execution of the consent form by a mortgagee is only necessary if the mortgage has been recorded prior to the Regulatory Agreement.) 6.13.05 V Page 23 EXHIBIT A Re: Johnson Woods (Project name) Reading, MA (City/Town) Johnson Woods Realty Comoration (Project Sponsor) Probertv Description A one hundred sixty-six (166) unit residential condominium situated on West Streets, Reading, Middlesex County, Massachusetts, on land shown as Lots on a plan entitled " " 6.1305 EXHIBIT B Re: Johnson Woods (Project name) Reading. MA (City/Town) Johnson Woods Realtv Corooration (Project Sponsor) Maximum Selling Prices for Low and Moderate Income Units One bedroom units $ Two bedroom units $ Three bedroom units $ Page 24 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. Location of Low and Moderate Income Units The housing units Which are Low and Moderate Income Units are those designated as lot/unit numbers on: ❑ a plan of land entitled recorded with the Middlesex South District Registry of Deeds in Book , Page ❑ floor plans recorded with the Master Deed of the Condominium recorded with the Registry of Deeds in Book , Page 6.13.05 Page 26 LOCAL INITIATIVE PROGRAM DEED RIDER For Ownership Project (annexed to and made part of that certain deed (the "Deed") from ("Grantor") to ("Grantee") dated .200_.) WITNESSETH WHEREAS, pursuant to M.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 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 the Municipality or DHCD, to the Municipality, or to 6.13.05 t5 2-1 DHCD for a "Maximum Resale Price" which shall be determined by multiplying Page 27 the appropriate Boston SMSA median family income most recently published prior to the resale (based on 1.5 persons for a 1 bedroom and 3 persons for a 2 bedroom unit) by the "Maximum Resale Price Multiplier" as defined herein. The Maximum Resale Price Multiplier shall be a number derived by dividing said median income by the original sales price of the property from to the Grantee. If there is no eligible purchaser who can qualify to purchase the property at the normal Maximum Resale Price, then to an eligible purchaser for a lesser, modified Maximum Resale Price equal to the amount for which an eligible purchaser can qualify; [Also see §2(e), below.] WHEREAS, the Grantor and the Grantee are participating in the LIP Program, and in accordance with the LIP Program the Grantor is conveying that certain residential condominium units in Johnson Woods as is more particularly described in the Deed ("Property") to the Grantee at a consideration which is less than the appraised value of the Property; and WHEREAS, a "Maximum Resale Price Multiplier" equal to is hereby assigned to be used in determining the "Maximum Resale Price" of the one bedroom units and a "Maximum Resale Price Multiplier" equal to is hereby assigned to be used in determining the "Maximum Resale Price" of the two bedroom units and a "Maximum Resale Price Multiplier" equal to is hereby assigned to be used in determining the "Maximum Resale Price" of the three bedroom unit 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: 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, the Municipality and the Monitoring Agent 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) by a person 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 Maximum Resale Price Multiplier 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 6.13.05 DJ Page 28 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 ninety (90) days after the Grantee gives the Notice, or who, if located by the Director, is ready and willing to purchase the Property between ninety (90) days and one hundred five (105) 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" indicatingthe 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 have each elected not to exercise its right of first refusal hereunder and that all rights, restrictions, 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. 6.13.05 01 7% 1JU f S (c) In the event the Municipality, within said thirty (30) day period, Page 29 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 ninety (90) days of the date that the Notice is given: If the Municipality shall fail to locate an eligible purchaser who purchases the Property within ninety (90) 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 ninety one (91) days of the date that the Notice is given and one hundred five (105) 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 ninety one (91) days and one hundred five (105) 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 tide .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, including but not limited to those stated or referenced in the condominium documents such as the master deed and condominium association trust, (v) a Regulatory Agreement among DHCD, the Municipality and Johnson Woods Realty Corporation [the Project Sponsor] dated 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. 6.13.05 3,~ (e) Said deed shall be delivered and the purchase price paid (the Page 30 "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 ninety (90) 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 ninety one days (91) days after the Notice is given by the Grantee and no later than one hundred five (105) days after the Notice is given by the Grantee. (0 To enable Grantee to make conveyance as her 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, but mortgages from the Grantee to institutional lenders may be discharged in accordance with customary conveyancing practice. (g) Water, sewer charges, taxes and condominium fee's 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 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 reasonable 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 6.13.05 3~+ Page 31 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 by the Grantee on account of such insurance or condemnation award less any amounts reasonable expended by the Grantee for the partial restoration, or (ii) 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 ninety (90) 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 ninety one (91) days and one hundred five (105) days after the Notice is given, and the Director does not purchase the Property within said period, thewfollowing :expiration of one hundred five (105) days after the Notice is given by Grante ;;-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.io 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 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 6.(3.05 left 33 ` 5 Notice. DHCD's approval of the sale price shall be evidenced by its issuance of this Compliance Certificate. Page 32 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 Municipality 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 l(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. (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 6.13.05 34 Page 33 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. (e) Notwithstanding anything to the contrary contained in this Deed Rider, the Maximum Resale Price shall not be less than the purchase price which the Grantee paid for the Property plus the costs of approved capital improvements and marketing expenses, without the Grantee's consent. (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 or the Grantor 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, encumbered (voluntarily or otherwise) or without the prior written consent of the Director and the Municipality (through its agent), provided, however, that this provision shall not apply to a first mortgage granted in connection with this conveyance or to a refinancing mortgage. 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 of a first mortgage granted to a state or national bank, state or federal savings and loan association, cooperative bank, mortgage company, trust company, insurance company or other S 6.13 05 3 6 g Page 34 institutional lender or its successors or assigns 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 a holder of a mortgage from the Grantee, 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 by multiplying the appropriate Boston SMSA median family income most recently. published prior to the resale (based on 1.5 persons for a 1 bedroom and 3 persons fora 2'bedroom unit) by the "Maximum Resale Price Multiplier. 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 Pronerty: (a) The Grantee, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby 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 6.13.05 O9 Page 35 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 Grantee hereby grant to the Municipality and to the Director the right to enter upon the Property, if it can be done without breaching the peace and without disturbing the owners of other units in the condominium, 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 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 restrictions 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) ninety-nine 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`a'd 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 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 Property, 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 6.13.05 1 0 Page 36 Commonwealth of Massachusetts to be satisfied in order for the provisions of this Deed Rider to constitute restrictions and covenants running with the unit shall be deemed to be satisfied in full and that any requirements of privity of estate are also deemed to be satisfied in full. (d) 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: DHCD: Board of Selectmen Reading Town Hall 16 Lowell Street Reading, MA 01867 Department of Housing and Community Development Att'n: LIP Director 100 Cambridge Street, Suite 300 Boston, MA 02114 MonitorinLy Ment: Citizens' Housing and Planning Association, Inc. 18 Tremont Street Boston, MA 02108 Grantor: Grantee: 6.13.05 p fib/ Page 37 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. 9. Severabilitv: 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, shalt not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law. 10. Monitoring Agreement: Citizens' Housing and Planning Association, Inc. (CHAPA), 18 Tremont Street, Boston, MA 02108, has been selected to serve as the monitoring agent under this program. As such, CHAPA will determine affordability of the unit upon resale. For such service, upon each resale, the then seller of the unit shall pay to CHAPA a fee of one percent (1%) of the resale price of the unit, which shall be paid by certified check at or prior to-'the closing and in a manner approved by CHAPA. CHAPA has the right to enforce the deed rider and be compensated for doing so. [The balance of this page is blank. The signature page is the next page.] 6.13.05 95 Page 38 Executed as a sealed instrument this day of , 200_. Grantor: Signature Signature Grantee: Signature Signature COMMONWEALTH OF MASSACHUSETTS Middlesex, ss On this day of , 200, before me, the undersigned notary public personally appeared proved to me through satisfactory evidence of identification, which was a Massachusetts driver's license with a photograph, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. NOTARY PUBLIC MY COMMISSION EXPIRES COMMONWEALTH OF MASSACHUSETTS Middlesex, ss On this day of , 200, before me, the undersigned notary public personally appeared . , proved to me through satisfactory evidence of identification, which was a Massachusetts driver's license with a photograph, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. NOTARY PUBLIC MY COMMISSION EXPIRES: 6.13.05 ~5 Page 39 AFFORDABILITY CALCULATION 1BR 2BR 1I AVG PERSONS /HOUSEHOLD MEDIAN INC= 1 75%I MAX MO. HOUSING PAYMENT CONDOMINIUM FEE OWNER'S INSURANCE $0 TAXES AVAILABLE FOR DEBT SERVICE & PMI MAXIMUM MORTGAGE DEBT SERVICE PMI TOTAL DEBT SERVICE & PMI MAXIMUM SALES PRICE ( I SALES PRICE ASSUMPTIONS PERMANENTLOAN INTEREST RATE AMORTIZATION PMI (PRIVATE MORTG INSURANCE) PROPERTY TAX RATE MAXIMUM SALES PRICE 3BR 3 4 $0 $0 30 $12.57 95% 51 6 HUD MEDIAN INCOME GUIDELINES 75%1 1 21 31 41 BOSTON 6.13.05 4 \ IL Lottery Telephone Line (978) 258-3492 INFORMA TION PA CKA GE Application Return Date Deadline APPLICATIONS MUST BE RETURNED BY MAIL WITH POSTMARK NO LATER THAN To: JTE REALTY ASSOCIATES P. O. Box 955 North Andover, Mass. 01845 PLEASE RETURN COMPLETED AND SIGNED "GREEN" APPLICATION & DOCUMENTATION FORMS ONLY Lottery Date: Lottery Time: Lottery Location: Address: YOU DO NOT HA YE TO BE PRESENT TO BE SELECTED. Informational Sessions will be held at: Contents: Lottery Summary and Checklist Lottery Eligibility Guidelines Lottery Threshold Eligibility Lottery Selection Process, Restrictions and Income, Preference, Definitions Lottery Application with Attachments: Lottery Application Certification Consent Form Deed Rider Form v' ~9~ APPLICATION DOCUMENTATION CHECKLIST PLEASE READ CAREFULLY YOU MUST INCLUDE THE FOLLOWING WITH YOUR APPLICATION © MORTGAGE PREAPPROVAL, showine FIXED interest rate and loan amount. YOU MUST COMPLY WITH THIS REO UIREMENT AT THE TIME OFAPPLICATION.!!! - NO EXCEPTIONS • LOCAL PREFERENCE VERIFICATION, see page 3 & 4 of application • THREE RECENT PAYSTUBS, all household members with income • SOCIAL SECURITY, PENSION STATEMENTS, OTHER INCOME DOCS • 2004 W-2 OR 1099 FORMS & PAGE I OF THE 2004 1040 ® VERIFICATION OF ALL ASSETS - ONE MONTH STATEMENTS FOR THE FOLLOWING (ALL PAGES): BANK STATEMENTS, CHECKING AND SAVINGS BROKERAGE STATEMENTS, STOCKS, BONDS, OTHER ASSET DOCUMENTS • License or Birth Certificate, Age 62 and over, if claiming higher asset limitation • Market Valuation Sheet from a Real Estate Broker, if applicable i Current Mortgage Statement, if applicable ® Evidence of Displacement, if claiming Displaced Homemaker status ® Signed Application, Signed Certification, Signed Consent Form, Signed Deed Rider Summary Lottery Time line Date Time Location Informational 7PM-9PM Session Open House 12NOON- Sales Office 2PM Application Postmark by By U.S. Mail JTE Realty Associates Deadline (No drop off P. O. Box 955 location) North Andover, MA. 01845 Lottery Date 7:OOPM ONLY COMPLETED SIGNED APPLICATIONS WITH ALL ATTACHMENTS AND THIRD PARTY, VERIFICATION DOCUMENTATION MAILED BY POSTMARK DATE OF WILL BE REVIEWED FOR ELIGIBILITY. APPLICANTS MAY BE ASKED TO PROVIDE ADDITIONAL INFORMATION IN ORDER TO DETERMINE ELIGIBILITY TO ENTER THE LOTTERY AT ANY TIME DURING THE PROCESS. IF SELECTED TO PURCHASE A HOME, APPLICANT WILL BE REQUIRED TO PRODUCE ADDITIONAL INFORMATION PRIOR TO CONVEYANCE. 9~3 Lottery Summary The completion and submittal of the Condominium Lottery Application is intended to determine if the.applicant qualifies to participate in a lottery for an affordable unit being sold at This lotterv application is intended for households that meet minimum threshold reauirements of the lottery that include: • Mortea2e Preapproval Letter Showinz FIXED Interest Rate and Morteape amount. (unless all household members are over aec 62 and no mortgage is beine obtained ) • Strict income limitations /Strict asset limitations • Availability of funds for 5% down payment and closing costs • Completed and Signed Application, Signed Application Certification, Signed Consent Form, Signed Deed Rider Form and • All necessarv Verification Documentation to confirm eligibility • Applicants and their families have no financial interest in the development • Applicants must occupy the unit Applicants must remain qualified at all states of the process including pre- screening. lotterv selection. mortEraQe commitment and conveyance. Evidence of eligibility may be requested from the applicant subsequent to the submission of the application and through the time a unit is sold by the developer. ALL APPLICATIONS AND FORMS MUST BE COMPLETED IN FULL AND SIGNED. Each section requesting information must contain the information requested or the words "Not Applicable." Incomplete, illegible, partial or mutilated applications will be returned. Completed signed applications with all attachments must be POSTMARKED no later than - and returned BY MAIL to: JTE REALTY ASSOCIATES P. O. BOX 955 NORTH ANDOVER, MA. 01845 MAIL YO UR APPLICA TIONS EARLY Upon receipt of a completed signed application and signed release forms, the application will be reviewed to determine if the household meets the threshold eligibility criteria. ELIGIBLE APPLICANTS WILL 13E ISSUED A CONFIRMATION AND CONFIRMATION BALLOT CONFIRMING ENTRY IN THE LOTTERY SELECTION PROCESS WITHIN TEN DAYS AFTER THE CLOSE OF THE ADVERTISING AND PRE-LOTTERY ACTIVITIES PERIOD. Lottery Threshold Eligibility Property Description What are the minimum household sizes for each bedroom type? Household size shall be appropriate for the bedroom type. In order to meet DHCD minimum household size requirements for one bedroom units, households with two persons will be selected first (First Rank), followed by household sizes of one person (Second Rank). In order to meet DHCD minimum household size requirements for two bedroom units, households with three persons or more or households requiring a two bedroom because of family composition (e.g. two sisters, parent and child) or households with medical need will be selected first (First Rank), followed by household sizes of two persons (married couples or similar living arrangement, interdependent relationship) (Second Rank), followed by one person household sizes (Third Rank). In order to meet DHCD minimum household size requirements for the three bedroom unit, households with four persons or more will be selected first (First Rank), followed by household sizes of three persons (Second Rank), followed by two person household sizes (Third Rank), followed by one person household sizes (Fourth Rank). NOTE l: Two person households expecting a child or in the process of adoption are considered three person households. One person household sizes expecting a child or in the process of adoption are considered two person households. Please provide third party verification of the anticipated change in household size in order to be categorized in the appropriate rank. The monitoring agent will determine the adequacy of the documentation. -1- g9 NOTE 2: If an applicant wishes to apply for entry in the lottery for more than one unit type, the applicant must complete and submit SEPARATE APPLICATIONS FOR EACH UNIT TYPE WITH ALL SUPPORTING DOCUMENTATION, INCLUDING MORTGAGE PREAPPROVAL WITH FIXED INTEREST RATE & LOAN AMOUNT THAT DEMONSTRATES THAT THE HOUSEHOLD CAN AFFORD BOTH UNIT TYPES WITH EACH APPLICATION, NO EXCEPTIONS A separate ballot will be issued for each unit type, if qualified. As noted, the ranking system outlined above applies. For purposes of the lottery, MAXIMUM household size will be set in accordance with the State Sanitary Code or applicable local laws. What is the definition of household? The definition of a household shall mean two or more persons who currently live together and will live regularly in the unit as their primary residence and who are related by blood, marriage, law or who have otherwise evidenced a stable inter-dependent relationship or an individual. What are the maximum income requirements to be eligible to participate in the lottery? The following are the current 2005 Boston PMSA 80% of median income figures published by HUD. Annual Gross Household Income must be less than: One Person-$46,300 Three Persons - $59,550 Five Persons-$71,450 Two Persons-$52,950 Four Persons - $66,150 Six Persons-$76,750 Annual income will be adiusted for household size. Annual income includes all sources of income including gross wages and salaries, overtime pay, commissions, tips, fees and bonuses, and other compensation for personal services, net business income, retirement, annuities, veterans benefits, alimony/child support, unemployment compensation, periodic amounts received from social security, annuities, insurance proceeds, retirement funds, pensions/disability/death benefits deferred compensation, workers' compensation, supplemental second income and interest and dividend/interest income for all members of the household during the most recent twelve month period for all adult household members over the age of 18, unless full-time dependent student. (Head of household and spouses do not qualify for the student exemption.) An imputed interest rate of 1/2% will be used to calculate interest and dividend income accounts and other assets over $5,000, as defined, and added to all other sources of income to arrive at total gross income. The applicant must remain income eligible throughout the entire lottery selection process including the mortgage commitment and conveyance and will be required to provide evidence of income eligibility at various stages. Annual income will be determined in a manner set forth in 24 CFR 5.609 or any successor regulations. What are the asset limitations to be eligible to particip.-te in the lottery? The total gross household asset limitation is $50,000 for all households (including displaced homemaker), which includes the total of the cash value of retirement accounts, savings accounts, mutual funds, insurance proceeds, stocks, checking accounts, certificates of deposit, bonds, etc. Assets must be sufficient to cover a 5% down -2- ~9 A6 payment. However, if the household qualifies for the elderly exemption (all household members MUST BE over age 62) and currently owns a home or life estate. which must be sold to provide a down payment or income for a mortgage, the combined gross household asset limitation is $150,000 ($100,000 in excess equity and $50,000 in cash) (after purchasing a unit). If there is no home to be sold currently, the elderly household must meet the $50,000 asset limitation. Interest from the excess equity along with all other assets will be imputed at 1/2% and considered income. The applicant must remain under the asset limitation throughout the entire lottery selection process including the mortgage commitment and conveyance and will be required to provide evidence of such at various stages. How much will be needed for a down payment and closing costs? Applicants must be pre-approved by a lendinz institution for the unit tune thev are applvin,- for. in order to be eligible for participation in the lotterv. A S% down navment is required. The nreapproval letter must show a 30 vear fixed mortkaze rate. A buyer must have funds or demonstrate the ability to obtain funds for a 5% down payment and closing costs as determined by lending industry standards. Lending institutions will have other requirements; such as good credit history, sufficient income to support a mortgage and other debt to income tests. Applicants may use a cash gift for down payment and should include that information on the application. However, cash gifts plus other cash assets must not exceed the asset limitation provided above. While you may choose a lender of your choice to issue a preapproval letter, if you are selected in the lottery not all mortgage companies and banks can issue mortgage commitments because of the Deed Rider restrictions. The following lenders have been able to provide financing for 40(B) projects with Deed Rider restrictions, provided you meet their lending requirements. The Sponsor has requested that we provide you with the names and telephone numbers of these lenders. Lender Contact TeleDhone Number *If done in conjunction with an MHFA or MHP loan, fixed financing can be offered. Exception to Mortgage Preapproval: ELDERLY EXEMPTION ONLY If the unit is to be bought in cash, no bank pre-approval will be necessary. What other threshold requirements N5fill be required? ALL APPLICATIONS MUST BE COMPLETED IN FULL IN ORDER TO BE REVIEWED FOR ELIGIBILITY FOR ENTRY IN THE LOTTERY. ALL APPLICATIONS WITH SUPPORTING DOCUMENTA'T'ION INCLUDING MORTGAGE PREAPPROVAL MUST BE RETURNED BY U.S. MAIL WITH -3- 9~ POSTMARK DATE NO LATER THAN ONLY ELIGIBLE APPLICATIONS WITH ALL REOUIRED DOCUMENTATION RECEIVED BY THE POSTMARKED DATE OF WILL BE ENTERED IN THE LOTTERY. NO DROP OFF LOCATIONS. Each section requesting information must contain the information requested or the words "Not Applicable." Incomplete, illegible, partial or mutilated applications will be returned. IF YOU NEED ADDITIONAL SPACE FOR ANY CATEGORY, PLEASE COMPLETE THE INFORMATION ON A' SEPARATE PIECE OF PAPER AND ATTACH IT TO THE APPLICATION. Individuals who have a financial interest in the development and their families shall not be eligible to DarticiDate in the lottery. Owners of units are required to occupy their units as principal residences. Restrictions, Lottery Selection Process, Preference, Definitions Are there any restrictions? Yes. There is a deed restriction that is used to maintain affordability for future buyers. Future buyers of an affordable unit will be restricted to 80% of median income adjusted for household size, depending on unit type. The monitoring agent will be available to help future sellers comply with these requirements when they sell their units. Other conditions regarding unit pricing, resale, transfer, leasing and junior encumbrances are covered in the provisions of the Regulatory Agreement and the Deed Rider. A copy of the Deed Rider and the Regulatory Agreement are available for your review at the Town Hall, Selectman's Office, during normal business hours. A copy of the Regulatory Agreement and Deed Rider will be provided to all selected lottery applicants for their review. How is the lottery selection conducted? The selection process for the affordable units will consist of selecting ballots from the series of pools referenced generally as "a lottery selection." All entries will be by registration number. Your application will be reviewed for eligibility after it has been received. If eligible to enter the lottery, you will be notified in writing with a Confirmation Letter and Registration Ballot Card with your registration number and information regarding the pool(s) you will be entered in, at the close of the application period If you are eligible for a preference and have submitted the appropriate information, you will be entered in the local preference. Applicants will be entered in as many pools as they qualify for, up to a maximum of two pools. There are a total of two pools established for the Lottery, a local preference and an open pool. -4- Pool #1 AFFORDABLE UNITS Local Preference Pool Units 1 Bedroom Unit ( ) 2 Bedroom Units Pool #2 AFFORDABLE UNITS Open Pool . Units 1 Bedroom Unit 2 Bedroom Unit 3 Bedroom Unit Each pool will have its own drawing. Corresponding matching ballots with registration number will be placed in the pools for which you qualify. Starting with the first pool, all ballots will be drawn randomly, by hand, at the Lottery Location on the Lottery Date, until all ballots have been pulled from both pools. As each ballot is drawn, a lottery selection placement number will be entered on a separate log for that pool showing the placement of the ballot selection. You do not need to be present to be entered in the lottery. Once the application ballot selection is complete, the appropriate number of selected applicants will be notified that they must begin the process of obtaining mortgage financing. If, at any point, in the lottery process a selected applicant becomes ineligible, the next eligible applicant in that pool with the same unit type will be notified that they must begin the process of obtaining mortgage financing. Do I qualify for a local preference? There are two ways to qualify for a local preference; 1) To meet one of the following definitions of local preference or 2) Open pool minority resident to be selected as part of the pre-lottery activities, if required and as defined below. Definition of Local Preference • A Current Municipal Employee means any household member employed by the Town of . -egardless of where they currently reside. • ~Zesident is a current resident of the Town of , at the time of application • Immediate Family member is the child, parent(s) or grandparent(s) of Current Resident, at the time of application ® Previous Resident within past three years preceding the date of closing means those households that HAD resided in within 3 years immediately preceding the date of sale. In order to qualify for a preference you must claim a preference by completing the information on the application and by orovidina the proper verification to be included in the appropriate preference pool. Circumstances requirinE a Pre-lottery In order to comply with DHCD regulations, if the percentage of minority applicants in -5- the local preference pool is less than the percentage of minorities in the surrounding HUD-defined area, the local preference pool will be adjusted to the percentage of minorities in the surrounding HUD-defined area, by adding the required number of minority applicants to achieve the appropriate representation. The pre-lottery will be conducted on the day of the lottery to determine the number of minority applications that will be entered in the local preference pool to comply with this regulation. A minority household is one in which any member of the applicant household belongs to one of the following categories defined as minority by the Commonwealth of Massachusetts, 760 CMR 47.00 as follows: • Native American or Alaskan Native - A person having origins in any of the original peoples of North America and who maintain cultural identifications through tribal affiliations or community recognition • Asian or Pacific Islander - A person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian sub-continent or the Pacific Islands. This includes, e.g. China, India, Japan, Korea, the Philippine Islands and Samoa • African-American - A person having origins in any of the black racial groups of Africa • Hispanic/Latino - A person of Mexican, Puerto Rican, Cuban, Dominican, Central or South American origin • Cape Verdean.- A person having origins in the Cape Verde Islands If selected in the lottery process, what is the next step in the process? Your financial and other programmatic requirements will also be verified by the Monitoring Agent to determine if you qualify for the program and have continued to meet all requirements of the lottery during the process. After receiving the monitoring agent's approval, a selected applicant will begin the process of obtaining a mortgage commitment. If selected to purchase a unit, the selected applicant will have thirty (30) days from the siizninR of the Purchase & Sales Agreement to obtain the necessary morwaRe commitment. If at any time during the process you do not meet the requirements of the Lottery or if you are unable to obtain financinv_ from a lendinv- institution. you will lose Your lottery selection placement status and the next applicant on the list will be notified that they have moved up to Your slot. A down payment of $1000 will be required at the signing of the Purchase and Sales Agreement and will be held in escrow by the Seller's attorney. At the closing you will be required to pay the balance of the down payment (5%) and all buyer closing costs and, at that time, the escrow will be released to the seller. Statement on Reasonable Accommodation Applicants who are selected in the lottery to purchase a unit who require special accessibility features or unit modifications will be given an opportunity to discuss special accessibility feature modifications with the developer before entering into a binding agreement. All modifications are at the expense of the selected applicant. -6- ~9~ DISCLOSURES See attached letter regarding lead paint abatement activities in the renovated turn of the century mill building. There is one affordable one bedroom unit located in the herein referenced building. DISCLAIMER Information regarding unit sizes and the project were supplied by the builder. Any errors or omissions of information contained on the Lottery Application, Information Packet and Newspaper Advertising are subject to correction of the information without notice. VISITING THE SITE Due to on-going construction, access to the property regarding sales office hours is available at www. advised to call for an appointment due to heavy traffic. . from 12Noon to 2:OOPM. -7- is strictly prohibited. Information . Applicants are An open house is scheduled for ~9s\ An Equal (lousing Opportunity For Office Use Only: Date of Receipt_ LIP Lottery Application PLEASE COMPLETE THE APPLICATION AND ATTACHMENTS IN FULL AND RETURN WITH VERIFICATION DOCUMENTATION BY U.S. MAIL WITH POSTMARK NO LATER THAN IF YOU NEED ADDITIONAL SPACE FOR ANY CATEGORY, PLEASE COMPLETE THE INFORMATION ON A SEPARATE PIECE OF PAPER AND ATTACH IT TO THE APPLICATION. 1 Bedroom-1 Bath 2 Bedroom-2 Bath 3-Bedroom-2 Bath Price - $ Price - $ Price - sq ft apprx sq ft apprx sq ft apprx Household Information: (Please list all household members who will occupy an affordable unit.) Attached birth certificates or driver's licenses, if over age 62 and claiming higher asset limitation. FT Relationship Name Date of Birth Occupation Soc. Sec # Student To Purchaser YIN Self Adult Employment & Income Information: (Please list all adult household members (over age 18, unless full time dependent student) who will occupy the unit AND complete the Employment and Income Information for those individuals. In order to be eligible to participate in the lottery process, households must meet strict income limitations based on current HUD income guidelines, as outlined in the Information Packet. Household income includes wages, retirement income, business income, veterans benefits, alimony/child support, unemployment compensation, social security, deferred compensation, pension/disability, supplemental second income, interest and dividend income and will be determined in a manner set forth in 24 CFR 5.609. See attached V) (A Information Packet for further details. ATTACH VERIFICATION FORMS 3 Recent Pav Stubs. Social Security Documentation, Pension documentation for all Adult Household Members Listed Above who have income & 2004 W-2's or 1099's and Page 1 of the 2004 tax return. If the information requested is not applicable, mark N/A. Employment & Income Information Applicant Name : Address: City/Town State: Zip: Telephone Number (Day) ( ) Evening ( ) Social Security Number - - Employer Name Employer Telephone Number Name & Title of Supervisor Date of Hire Current Annual Gross Salary Other Income Amount Source Other Income Amount Source Name: Address: City/Town State: Zip: Telephone Number (Day) ( ) Evening ( ) Social Security Number - - Employer Naine Employer Telephone Number Name & Title of Supervisor Date of Hire Current Annual Gross Salary Other Income Amount Source Other Income Amount Source Will this person be a co-applicant on the mortgage? Yes No If there are other adult household members, as defined above, with income please attach a scoarate sheet with their emnlovment information. Please complete the following Asset Information for all household members. Assets include cash, the. net cash value after deducting reasonable costs that would be incurred in disposing of real property, savings, stocks, bonds and other forms of capital investment, excluding equity accounts in homeownership programs or state assisted public housing escrow programs. The value of necessary items of nersonal Proverty, such as furniture and automobiles are excluded. An imputed interest income figure of 1/2% will be used to determine income earned on liquid assets, such as bank accounts, checking accounts, certificates of deposit, etc. Imputed income from -2- assets will be included with all other income sources to determine total gross family income. ATTACH THIRD PARTY VERIFICATION OF ALL ASSETS, AS DEFINED, i.e. bank statements, brokerage statements. - MOST RECENT ONE MONTH STATEMENTS Current Household Asset Information Name on the Account: Bank Account Bank Address Savings Account No. Account Balance Checking Account No. Account Balance Other (e.g. Cert. of Deposit, Stocks) Acct. No. Amount Name on the Account: Bank Account Bank Address Savings Account No. Account Balance Checking Account No. Account Balance Other (e.g. Cert. of Deposit, Stocks) Acct. No. Amount REAL ESTATE INFORMATION: HOUSEHOLDS SHALL NOT HAVE OWNED A HOME WITHIN 3 YEARS PRECEDING APPLICATION, WITH THE EXCEPTION OF DISPLACED HOMEMAKER OR HOUSEHOLDS WHERE ALL MEMBERS ARE OVER AGE 62. Does any member of the household own real estate or Life Estate? Yes No Check if you are claiming a displaced homemaker status or ALL household members over age 62 and own home Complete the following information if any household member owns any real estate. ATTACH A COPY OF THE ESTIMATED MARKET VALUE (NO OLDER THAN SIX MONTHS) FROM A LICENSED REAL ESTATE AND A CURRENT MORTGAGE STATEMENT. REAL ESATE TAX BILLS ARE NOT ACCEPTABLE FORMS OF VALUE. Real estate must be sold as outlined. Read information packet regarding asset limitation. Properly #1-Primary Property 92- Second Residence Home or Life Estate Property Address Estimated Market Value Less: Outstanding Mortgage Balance Less: Estimated Closing Costs - (Brokers fees - 5%, Legal fees) Estimated Cash Value adjusted for estimated closing costs LOCAL PREFERENCE CATEGORY INFORMATION The purpose of the following information is to determine if any household member is eligible for a local preference in the lottery selection process. You are not required to complete the information to be included in the open pool lottery category. However, you will need to complete the following information and provide the necessary documentation, in order to qualify for a local preference category in the lottery selection process. Please refer to the Lottery Information Packet for definitions of the preference categories. Please check the following boxes that apply if the household qualifies for a preference and the household wishes to be included in the preference category. Attach the supporting documentation, where required: . -3- Q L4 Current Municipal Employee of the Town of Attach supporting documentation - Pay stub U Current Resident of . Attach one of the following supporting documents - Rent receipt or mortgage statement, utility bill, census listing or voter registration. Previous Resident within past three years preceding the date of closing (Those households that HAD resided in within 3 years immediately preceding the date of sale.) List date of residency and address Attach one of the following supporting documents. Census listing, prior utility bill, voter registration, lease, real estate tax bill Child (at least 18 years of age), Parent or Grandparent of Current Resident of State your relationship to the current family member: Provide the address of the related family member: Provide rent receipt or mortgage statement, utility bill, census listing or voter registration of family member L___J Will you receive a cash gift for the 5% down payment requirement? Yes/No Amount OPTIONAL SECTION: Information will be used only as required by DHCD guidelines. American Indian/Alaskan ( ) Hispanic/Latino ( ) Asian/Pacific Islander ( ) African American ( ) Cape Verdean ( ) White ( ) Applicant Signature Attach: Lottery Application Certification Consent Form Deed Rider Verification Forms Co-Applicant Signature Equal Housing Opportunity -4- Mr6Rtrrf.r Lottery Application Certification Check the appropriate statement: I/We certify that UWe have not owned a home within the past three years . UWe certify that I/we are a displaced homemaker , as documented herein. I/We certify that I/We are a household with all household members over age 62 , as documented herein [/We certify that our household size is persons, as documented herein. UWe certify that our household income is $ , as documented herein, and does not exceed the income limits provided in the Lottery Information Packet. UWe understand that total income may change due to an imputed interest figure on assets, which may cause income to exceed the HUD income limitations. UWe certify that our household assets (cash, savings, checking, insurance proceeds, brokerage accounts, stocks, etc.) plus net value of a residence(s) to be sold, if applicable, as noted on the application) total $ , as documented herein, and does not exceed the household asset limitation provided in the Lottery Information Packet. I/We certify that sufficient funds will be available to cover a 5% down payment requirement as required by the program. I/We certify that all information in this lottery application and supporting documentation, including information and documentation regarding preference status, if applicable, is true and correct to the best of my/our knowledge and belief. UWe certify that we are able to provide the minimum 5% down payment and closing costs, if required, as outlined in the Lottery Information Packet. UWe understand that if I/we are selected to purchase a condominium unit, that Uwe intend to occupy the unit and Uwe must continue to meet all eligibility requirements of the Town of LLC, DHCD, CHAPA (the monitoring agent), and any participating lending insuwtion(s) during the lottery selection process. . UWe understand that any false statement may result in disqualification from further consideration in the lottery process. UWe understand that the use of this lottery application is for placement in a lottery to provide an opportunity to purchase an affordable condominium unit at Massachusetts and does not guarantee an offer. I/We certify that UWe and no member of our family has a financial interest in the development. Applicant Signature/Date Co-Applicant Signature/ Date ALL COMPLETED APPLICATIONSAND SIGNED FORMS MUST BE MAILED AND POSTMARKED NO LATER THAN MONDAY, TO: JTE REALTYASSOCIATES, LLC P. 0. BOX 955, NORTIIANDOVER, .MASS. 01845 AUTHORIZATION FOR CONSENT TO RELEASE INFORMATION The undersigned authorizes JTE Realty Associates, LLC to verify any and all income and asset and other financial information, to verify any and all household, resident location and workplace information and any and all information provided with the application of the undersigned and directs any employer, landlord or financial institution to release any information to JTE Realty Associates, LLC for the purpose of * determining eligibility in the lottery process to purchase an affordable condominium unit at Massachusetts. Print Name: Signature of Applicant Date Print Name: Signature Date Print Name: Signature Date Print Name: Signature Date All household members with income and assets must provide the information, as required on the application, and sign and return this form with the application. Exhibit B Deed Rider LIP Units only, Program AFFORDABILITY AND RESALE RESTRICTIONS UWe have read the summary of resale restrictions in the information Packet and agree to the restrictions. I/We have been advised that a copy of the Deed Rider is on file at the Selectmen's Office, and available for my/our turther review during normal business hours. Me also understand that, if selected in the lottery to purchase a unit, a full copy of the Deed Rider will be provided. Applicant Date Co-Applicant Date This form. must be signed by all household members who will be listed on the mortgage and returned with your application. ' p}~ •J J 3. .-Mystic Valley I.. E EVICES Information - Advice - Solutions July 15, 2005 Mr. Peter Hechenbleikner Town Manager Reading Town Hall 16 Lowell Street Reading, MA 01867 Dear Manager Hechenbleikner: , ~ c ~ vs E3 c_. c c~ On March 22, 2006 the l' annual "Mayors For Meals" initiative will kick off and we would like to have you join us. This new initiative is a part of an ongoing national campaign promoted by the Meals on Wheels Association of America (MOWAA). Mystic Valley Elder Services is a member of MOWAA. This will be our fourth year participating in the campaign to raise awareness about elder nutrition, recruit new volunteers, and raise funds for the Elder Nutrition program. The slogan for "Mayors For Meals" is "so no senior goes hungry." Our hope is that your commitment to delivering Meals on Wheels on March 22, 2006 will help this phrase ring true in this, the richest nation on earth. You and hundreds of other mayors will be participating across the country. This is truly a national effort and MOWAA and Mystic Valley Elder Services will be contacting local and national media to cover this nationally celebrated event. Can we count on your participation? Our Nutrition Director, Barbara Rougier, will be contacting your office to answer any questions you may have and to inquire about your participation. We appreciate your time and commitment to the Meals on Wheels program over the years. We hope that you will join us as we bring attention to the fact that there are thousands of senior citizens in this country who are going hungry each and every day. Together we can make a difference. In Appreciation, ono ; 0" I Daniel J. O'Leary Executive Director Cc: Barbara Rougier, RD LDN Nutrition Director 300 Commercial Street, Suite 19 - Malden, MA 02148 - FAX (781) 324-1369 - TTY/TDD (781) 321-8880 (781) 324-7705 - www.mves.org - 1-800-RAGE INFO Serving the communities of Everett, Malden, Medford Melrose, North Reading, Reading, ,Stoneham, and Wakefield since 1975. yc ao s cay -f;, le. Town of Reading 16 Lowell Street Reading, MA 01867-2683 HISTORICAL CONBUSSION (781) 942-6661 July 11, 2005 Memo: To the Board of Selectmen, Re: West St. Historic District appointments The Historical Commission followed up on your appointments to the West Street Historic Distric Commission by voting to designate both Kathy Greenfield and Susan Patterson as representatives from the Historical Commission. Technically we have one recommendation but since both applicants were appointed we felt it proper to support both candidates. Once the Historic District Commission is operational, we will be happy to assist by providing materials from the study committee and in any way that may be of help. Sincerely, V' 'a Adams 46 07/12/05 17:06 FAX 6172483870 JOHN KERRY MASEAGHUSETTS DERRY BOSTON Mite. tatm 046CRate WASHINGTON, DC 20510-2102 One Botivdoin Square Torith Floor Boston, MA 02114 Date: 7/ . cz~ Please Deliver This Fax To: - i FrOIl1: Office of Senator John Kerrv Paged (Excluding This Cover); COMMITTEES; COMMERCE, SCIENCE, AND TRANSPORTATION FINANCE FOnE)GN RELATIONS SMALL BUSINESS GOMNMNTS , i 1* L '"i`1r-, ' k t 7/ t71 ► uv-~ r (.1.~t" l aJ GG . ~../-!^`~.r~ r~ ~i~~c r~'J~~.~" Y7 ca~ C~ r~r~~`~ TC-.~ 4.5~•v-vraS~SI~ \ C~S'~ 1~s1 If there is a problem with the transmission of this thx, please contact me at (617) 565-8519 via fax at (617) 248-3870 } Thank you - Pua9E RESPOND TO: Q 304 RUSSELL SENATE OFFICE BUILDING ❑ ONE BOWDOIN SQUARE 0222 MILLIKEN PLACE ❑ONE FINANCIAL PLAZA WASHINGTON, DC 20510 BOSTON, MA 02714 SUITE 371 SPRINGFIELD, MA 01103 (202)224-2742 (617)50-0519 - FAO. RwI:6, MA 02722 ' (aSt3)76&1010 (50B)B77-0522 -y emoii: Iohn_kertV&karry,aenata•S- - www: httpV/-wNSnnatc0ov/~-keiry! FRIWMO ON RECYCLCO PAPER X001 r O90 MADISON PLACE SURE 205 WORCESTER, MA MUDS (50S) 63T-7390 07/12/05 17:07 FAX 6172483870 KERRY BOSTON X1002 of national security better th.aa any. They are willing and able to continue providing the necessary security this new world environment demand. We need to give them that opportunity- Again, on their behalf, we thank you.. Senator Kerry - SENATOR. KERRY: Chairman Principi, Secretary Skinner, General Turner, Congressman Bilbray, General Counsel Hague and Executi,~;e - s~ mUich ' Director Battaglia, thank you all ve ve4y for your remarkable patience. A ;V,Yeik" N s of many ' nce o li t~e~nacity hearings, we admire yon r per 40"i ka that you approach this- ".ae vez~nvery grateful of that here in Massaohu ° our careful listening of the p"_~sen tio~ all the sf; w r'MI' ,i 7'• presentations a~ ~.4 In tlp end, the"case for the Massachusetts bases : not~raunde d- an emotion. It's not based on the condmic Wimpacz- And certainly economic impact 17s into tyke appropriate criteria outside of z: mil .b,ley`" value. I think that the case you've heard in a superb presentation by Colonel Worcester, a case based on common sense. It's based on facts- It's ]Dazed on an accountable, truthful analysis of data, and we ask you to examine that data as ~ ~z 07/12/05 17:07 FAX 6172483870 DERRY BOSTON carefully as it's been presented co you. The presentation that you've just heard we believe makes clear that the Otis National. Guard base remains is today a vital and relevant part of the reaction to the threats that we face today in the country. The defense department Main ' and simply got it wrong in putting Otis on its list. .i' d just quickly recap the three ~t_'h r':rL . ':'r points: No. 1, Otis's military value captured and appropriately captured department's calculations, relates to homeland defense. No- 2, the Air from closing Otis ar d they ignore other costs that t-fie goverrudbht will incur. And No_ 3, the clo:sur of=:Otis a1.1 gravely undermine the ability o_othex`edcral tenants and there are 28,,I.qf chem. -soxaath the principal tenant of rt~CIp. conCe~~x1+~ thef3ii Led States Coast Guard and II,~,.,,, e`r u ,caorzztin "ability to be able to perform its is At this point I'd like to ask that the written testimony be placed as part of the-record for all of the testifiers, and there's a letter that was sent to senator Kennedy, myself and [7] 003 07/12/05 17:07 FAX 6172483870 IMRRY BOSTON Congressman. Del.ahunc from Vice Admiral Cross which says specifically, "Air station Cape Cod is optimally positioned for coast Guard resources to perform the service's missions in the northeast in the most effective and efficient manner possible. Moving the air station to the nearest, available ' t adequate facility north or south pats the Coast if," Guard at risk for standing up an additional ' oo) # operating facility in the opposite direqMI 'd ask that that letter be made part of•~~he r~ or•'cl.,~l roµ•- tiPy _ -^t - also. I served, I guess, tr,Fiiyears .QY Mj; or so as the chairman and ranki#. -tm mber E. the committee that has jurisdiccion ,-ove e 'e° oast Guard. And I can tell you that -~-_every,_s,-ing`3;.e year, particularly Securit p a Y with the incrKis- Uof" ~Qme 1r I,_6 1 y~ responsibi-Ai4 ~s, th din' rease in drug interdiction respoiA," iit s, , well as the increase in all of W. its s ~ li. `awing responsibilities, the Coast ''rcard isnd'~rfunded. It's underfunded today. It underfunded for years- Its fleet is not adequately provided for_ There are there is a backlog on overhaul- And so, to abandon an analysis, an appropriate analysis of this cost shifting is, frankly, irresponsible, both in the [a 004 t 1% q " 07/12/05 17:07 FAX 6172483870 DERRY BOSTON-__.. 121005 context of Homeland Security, as well as the armed forces direct defense responsibilities that the Coast Guard performs. Bottom line is very simple. Otis Air National Guard base should remain open. Its unique geographical location, its access to unrestricted jtr~aV` air space which you've seen described and graphically displayed is important' to other vital federal missions, including the operariope7cof the Coast Guard that make it critical to-.bar nautioii,s r' security. There are a number OLI~r er b ps that I'd "'A 1 F 1 may, sort Dust like to mention ve y, 1., T of wrapping up here b fo ~a uce Congressman 1,ynch. Massachus ~s a,Co ecticut have long shared ce of the 104th and 103rd Ficfterg ings the Air National Guard. r'~Al r Tj, p!ft ward base which is home of the $arnes 10- tTi,at Bra dlerJnternationa1 Airport, already • r: ine~~tioYleC?.hoiit'e of the 103rd, are 3ll5t 12 mile r: G• apar;:;1,~BUt there are very significant differences between zhose bases, differences that make Barnes, the right base for the future of the A-10 and its successor. We're going to provide you with additional details, if we may, on the merits of ~ j5 07/12/05 17:08 FAX 6172483870 BERRY BOSTON Barnes in the days ahead, but in the meantime, let me just say that the Barnes National Guard base is well suited to meet the operational needs of those in the field today. Its munitions storage facility currently stores more reserve materials for six other military units, including Connecticut's 103rd _ righter Wing_ At present, Barnes has significant reserve capacity for aviation and support Environments for everything from air-to- missiles, high explosive rounds, other munitions. Barnes Nation-, Ii'dl%Ase has ~ join~e• more than enough space for i °rrent +d future missions, and according t-010 Air it is suitable for every s~ l~yf aircraft in the ell }1 1 '44 Ji United States inv tory.ar.•'iri Th ~q,C-141B, C-3, C-130, C-17, IBC-101 `Vi' d sdi,,Torr,h - It also has the advantage, of 'B-ping al IeYto deploy combat-loaded aircraffL_ or load and unload munition L'orce Crarisr Ort;;_airci a 't _ In short, it is an eceptioi] 11~ capable facility well suited to Euture missions- A quick word on Hanscom. We really want to underscore to the commission the unbelievably vital role that Hanscom plays in terms of building and maintaining America's high tech space forces. U006 of- 07/12/05 17:08 FAX 6172483870 DERRY BOSTON 01007 It is a unique location, and unique means unique- No other place in the country can replicate what Hanscom has in terms of, the preeminent high technology base. The Air Force recognized that, saying that it had the value by consolidaCing some of its high tech research and management at-the .-2 `7~ base. It's ready and capable. The state has }put"'In, UP additional funding to support that influ3f t~ tIq~ personnel. And the high tech work fore t present is world class, joined by wo cl, s' research institutions and by W05.X :D makes All oiar commercial investment in., s'arch development snake the Comm~~'t ec?7 th 1 suited to be %7: able to support the miss:4?)•,1zee:,.;;.and the Governor has already mentiched tQLyou':tLhe military institute' S .Ca:n-kx"ng i1L 1_S°- 2004 findings that it was the dRmin^4t fzrs,-place ranking in the counts~y._ Th , s" €gy is critical- to the ability of t e ,1ci 6RPlworkers to be able to do their job ti 'f e ~ - prow Il ~phe best capable output to the military 1tSe And I might add that unique synergy is really lost to some degree from the two elements that the Air Force has decided to move out to New Mexico and Ohio, because they don't have that ~`J 07/12/05 17:08 FAX 6172483870 DERRY BOSTON Q008 similar synergy and base to draw from, and in addition, it is anticipated that of the 225 scientists and engineers who would be affected by the relocation, only about 10 to 20 percent will move- So, in effect, you are reducing the capacity of the mission, not augmenting it, and losing perhaps the most critical resource of all, whi-c the human personnel resource. And those °~!µl~, gys;,,,' , 17'1 C professionals are critical to it. SII+ r:w' 14ere in Boston, final base Tf'PZ_ antjII:o mention, we have a military organi7atiorr'.-which has a strange name, It's called tiie~:.Puget 'Spurid Naval Shipyard Boston Detachment "':The naive; is the only thing that ought to be its mission. Because they are a 'elf;ust'ais ing planning yard, f. 'IN t. separate from1~it S},ndra1 Shipyard. Their only also Fiat 'n is 'r the administrative bases. The slIq :serve are on the east coast, VI ,~s none 4f irrlil7ashington, and they provide Ui T 4 ! C gineer'rg, esign, logistics and planning support for iodernization and repair of US naval vessels. They are the only naval engineering activity in the country to win a public/private competition in which the Navy recognized it could not afford to lose their expertise, and Congressman 07/12/05 17:08 FAX. 6172483870 DERRY BOSTON--- 0009 Lynch will speak to that. Before he does, I just want to close with one comment for all of you: The traditional military service in Massachusetts and throughout New England is as old as the country itself- we're proud of our military bases- We're proud of the men and women who serve on them- They rte, are a very important link between our communiti.ps and the nation itself. They live among us. :;-wTheir children go co schools wick our kids- u~theri•:•chey. come here, they. become our fellow citizens:-,. W76;,. want them to stay. We don't wants; tl 'Ca- stay just Pk for the basis that, you known tth-tt we 01%t "'them. We want them to stay bec~ ,he ex le that they give to the country LOS&I the future service of our na analysis of L°'gL'q y a~ military va1uPW~ h r Q n he categories are future mir$io- futur capacity, surge the ability to megt,3;,r illtlkgeiyc O.e=• We need a military that loolc's lice; and"Epresents the nar.aon that it s. serves, with the BRACs, zhe BRACs have been shutcin.g down many of those bases in New England. We believe that it is very important link to our country and to the concept of service to have that presence. It's not an easily tangible 07/12/05 17:09 FAX 6172483870 IMRRY BOSTON 1@ 010 measurement as you make these judgments, but as you listen to the common sense of Colonel Worcester and the facts that we've put forward, we think that it certainly is worthy'of consideration. And finally, we also think that it's important to note that the Quadrennial Defense Review is underway. And we don't evert yet know.the_ full impact of some of the foreign base closti~res_rj 5-1d with Iran looming on the horizon, and N%rtKO` ~i~ '"raj s. looming on the horizon, with serious- esti~,n$ qaf force structure and deployment f1~pi U s a Ilk nation, I think BRAC has an 1, ant where there responsibility to not ra s°~ ~udgm may be questions, anyytoO0o s larger .5k yoia&to , that, both from the picture. end we 4- Context of immbd~ate s;0cur''hy needs, and also in terms of future and New'P-ngland's great heritage with ect 'ato^rvb arm.sd forces. Thank you. Cong -ssii 3n LyTchi - `r• C01&RDSSMAN LYNCH: Thank you, Senator . n( n r.' Chal '~°;"1~'rincipi, Secretary Skinner, Congressman Bilbray, General Turner and Director Battaglia, welcome to the City of Boston° I have the wonderful honor of representing this district. I am told that we've gone over a little bit, and so of I % k 0 Page 1 of 1 t I C ~,,r Hechenbleikner, Peter To: Monette Verrier Subject: RE: Last night's meeting Monette See comments below Pete -----Original Message----- From: Monette Verrier [mailto:mdverrier@comcast.net] Sent: Wednesday, July 13, 2005 7:35 AM To: Hechenbleikner, Peter Subject: Last night's meeting Hi Peter! I hope you are having a nice summer. I tuned into the Selectman's meeting last night to hear the update on the Wood End Working Group. In addition, my friend, Darla Whipple, had given me the your memo of 7/12 summarizing the key points. After watching the meeting and reading the memo, I have a couple of questions I am hoping you can answer. 1. The selectman raised the question of putting in cross walks for the cul de sacs (Buckskin, Kurchian, etc..) that will need to cross Franklin St. Is this something that is going to be pursued? Living on one of these streets I do think a crosswalk (not with a crossing guard) would be helpful as we cross the street with our children. [Hechenbleikner, Peter] I want to check this with our safety people - I'll know in a few days. 2. 1 noticed that there was no mention made of adding sidewalks on Dividence from Zachary Lane to the walking path for the new school. Is that because that section of Dividence is a private way? [Hechenbleikner, Peter] Exactly right, but we are going to have a discussion with the folks in that neighborhood about getting the streets made public and then trying to get improvements done - like that piece of sidewalk. It is unfortunate that children will walk up Dividence on the sidewalk but then it runs out before they are safely at school. 3. Is the priority order for sidewalks on Franklin Street set in stone? I ask because #3 is from Main Street to Dividence. I know that a group of parents have gotten together to fund a school bus and the bus is starting in the Field Pond area and continuing through the old Killam district to the school. At the time the walking survey was done, the bus was not planned. Now that it is, I'm curious how many children will actually be crossing Main to walk to school. Is there a process in place to evaluate how many walkers actually cross there? How do you determine, after the fact, is a crossing guard is really needed. If there is not foot traffic this way would this still be the next priority for sidewalks? [Hechenbleikner, Peter] That's something we will monitor, and adjust the priorities as appropriate - until we're all done. Thank you for your time. Sincerely, Monette Verrier 30 Kurchian Lane 7/13/2005 Page 1 of 2 G / c bus Hechenbleikner, Peter From: frank murray [frank.murray@gmail.com] Sent: Wednesday, July 13, 2005 8:34 AM To: Hechenbleikner, Peter Subject: Re: dog attack Hi Peter, I just wanted to thank you and the board for your time at the meeting last night. I appreciated the thoughtful discussion put forth by all present and I look forward to the outcome (much stricter laws I hope). Sincerely, Frank Murray On 7/12/05, Hechenbleikmr, Peter <n_ hechenbleiknera.ei.readina_.ma.us> wrote: Yes it's at 10. That was the earliest we could schedule it It's not an open forum, but the Board of Selectmen usually allows interested parties to speak. Pete. -----Original Message----- From: frank murray [mailto: frank.murrav61amail.comj Sent: Tuesday, July 12, 2005 2:54 PM To: Hechenbleikner, Peter Subject: Re: dog attack Hi Peter, I heard that the meeting on this matter (dog attack on Lawrence Rd) is set for tonight at 10:00PM, is this correct? A couple of questions: Why so late? What is the agenda for the meeting? If I come, is there a forum for talking about this at this meeting? Thanks, Frank Murray On 6/7/05, Hechenbleikner, Peter < nhechenbleiknernci.readino.ma.us> wrote: Frank Thanks for your email. You may be aware of the following, but in case you are not: . The incident took place on May 28 7/13/2005 Page 2 of 2 • The dog was quarantined immediately at home, which is appropriate practice in such a situation. • The Animal Control Officer has visited the house to make sure that the quarantine is being enforced • An administrative hearing was held on June 2 by the Health Services Administrator. • A fine was issued and paid • The owner has been ordered by the health Services Administrator to have the animal taken to behavioral training school • The dog was/is registered in another community, and proof of rabies vaccination was submitted to the local Health Services Administrator. • The dogie is required henceforth to always be on a leash. This matter comes under the Board of Health who have adopted regulations on these kind of situations. They are taken very seriously, and fortunately we have very few incidents. When incidents do occur, they are handled very swiftly. Some communities have bylaws addressing pit bulls. 1 am told that this is not a pure bred and would not fall under such a bylaw. I know we all share your concerns for safety, and especially the safety of children. That;'s why we take the issue so seriously and respond as soon as we become aware of an issue. Pete Hechenbleikner Town Manager -----Original Message----- From: frank murray [mailto: frank.murrav@)amall.coml Sent: Tuesday, June 07, 2005 1:28 PM To: Reading - Selectmen Subject: dog attack Hi everyone, My name is Frank Murray and I live on Hampshire Rd. Recently a pit bull owned by a person on our street attacked a young boy. And as I understand it, the dog is still in the owners house (being quarantined). I hear every year of many incidents like this and with this very dangerous breed. I live in Reading for many reasons, but the safety of my children is the top reason. I can't believe that this dog is not being held by the police. Imagine this dangerous animal in your neighborhood. I don't know what you can do, but I would appreciate anything that you can do. Going forward, we should pass a law that handles cases like these, swiftly. I like dogs, but this breed or any animal that attacks someone should be put down immediately. Sincerely, Frank Murray 7/13/2005 Page 1 of 5 G' C4 Hechenbleikner, Peter From: Hechenbleikner, Peter Sent: Monday, July 11, 2005 2:45 PM To: 'Jochmann' Subject: RE: PAVING OF STREETS/ADVOCATE ARTICLE Kristie Thanks for your reply and your assistance. It seems to me where we are is that the street is not currently on the Capital Improvement Program. We will be doing an update on our Pavement Management Plan next Fiscal Year. At that time we will take a good look at Longview Road, along with all the other streets in Reading, and determine where it comes out in the priority list. There is no disagreement that the street needs work. I would not agree that the entire street does not need to be done - it's all in the same general state of repair. There is also no disagreement that many other streets in Reading need work. We are making progress based on objectively derived criteria. To determine priorities based on property owners petition to have their street done doesn't make a lot of sense. If we did that then the streets with the most residents would get the highest priority, even though they may or may not be the highest priority. It's all just a matter of money - if we had the funds we'd do all the streets now. Obviously that's why we have to set priorities. I believe the reporter picked it up as part of the material I sent to the Board of Selectmen to keep them up-to- date. It's all ok - no "leak" or anything - all public documents. Pete -----Original Message----- From: Jochmann [mailto:jochmann@mac.com] Sent: Sunday, July 10, 2005 10:28 AM To: Hechenbleikner, Peter Subject: Re: PAVING OF STREETS/ADVOCATE ARTICLE Dear Peter, Thanks for your email back and your explanations. I have talked to several of my neighbors and it may surprise you, however, no one seems at all interested in having curbs on our street, let alone pay for them. Most people feel like we are already paying a large proportion of the taxes based on the home value here and that it is reasonable to expect that our road will at least be maintained as well as other roads in Reading. Many residents argue that it is the snow plows that do the bulk of the damage to the sides of the road. One neighbor who has been here 12 years said the road has never been as bad as it is now. People are also surprised that Mineral from Summer to Prospect was just paved when it is certainly not a heavily used street and was not in as poor of condition as Longview. Can you shed any light on why Mineral was chosen ahead of Prospect or Longview? When is the next 3 year assessment of the Pavement Management Program? I can certainly understand the town's dilemma and that choices need to be made. My dad was the Service Director of Public Works in the small town I grew up in in Ohio and I know everyone always wanted everything and wanted it yesterday, but I do not feel I am asking for special consideration, just equal consideration. All roads need to be kept to a minimum standard (even if only by patching) and then over the long haul all roads will hopefully be improved in more significant ways. 7/11/2005 6)& 1 - Page 2 of 5 Neighbors feel that the entire road does not need repaving, it just needs patching on the sides. I know this is not a "permanent" solution, but 1 would ask what the alternative is? If there is not enough $ to pave without residents shouldering significant financial responsibility for the curbing, are you just going to let the street get to a state of total disrepair? It does not seem right to me. If the town can't afford the permanent solution than I think they need to at least make a reasonable effort to make the road better even if if it will need continued maintenance, all streets need continued maintenance. Longview is used by many children who walk to Barrows and to Parker. They should not have to walk in the middle of the road and there are no sidewalks. So, what would you recommend to me as 'a next step to try to bring attention to this problem- petition, etc? Can I appeal to the Town in some other way? Also, I wanted to bring it to your attention that I was contacted by Joanne at the Reading advocate about an upcoming story re: Roads in Reading and the town response. I asked how she got my name and her response is below. I am not interested in participating in an article that is any way sensationalized or one- sided. It is not my goal or desire to put the town in a difficult position and I do feel like you have been very responsive to my emails and at least looking into the issues, which I appreciate. I wanted to make you aware of this article. I have not yet decided about whether I will participate in the article. I always worry that comments can be used out of context and not accurately portray my position. I was concerned about how she got my name though and unless you did mention my case at Town Meeting, you may wonder too if there are some leaks in your office? Anyway, I look forward to hearing back from you on what you think my next best option is and whether. at a minimum, we can get these significantly broken areas patched. Thanks, Kristie Jochmann Kristie: I got your name from the editor of the paper. I have a feeling it might have been mentioned or on some documentation related to a Selectmens meeting he attended. I'm trying to get a feel about how residents feel about the condition of their streets, how long the problem has been going on and how they feel the town is responding. I will get the towns side of the stroy too. If you are still willing to speak to me please forward a phone number and a convenient time or you can call me at 781-944-3198. The best time to reach me this weekend is in the morning or Monday or Tues in the afternoon. Thank you Joanne On Jul 6, 2005, at 11:46 AM, Hechenbleikner, Peter wrote: Kristie I do hesitate to suggest that property owners pay for curb and sidewalk, although 0% 1 through the mid 1980's that's the only way that curbs and sidewalks were constructed in Reading. So there is some precedent. 7/11/2005 Page 3 of 5 My point is that, this street is not on the 10 year list for paving work. Priorities are established through a program called the "Pavement Management Program". Through this program, every street in Reading is evaluated based on it's PCI (Pavement Condition Index), and then priorities are established based on a number of factors including the PCI, traffic volumes, etc. We re-do this rating every 3 years, so that we can take into account changes in conditions. If we were to do paving on Longview, it would include curbing on at least a major part of the street. As you can see around Reading, we don't always do curbing on streets that we are repaving. So, if re-paving the street in the foreseeable future is critically important to the residents, then we need to be creative and develop a partnership. That is why I have suggested the course that I have. The cost of the curbing could equal the cost of the paving. The $26 per foot is the cost of just the curbing - including of course the cost of setting it in place. Curbing keeps people from driving on and over the edge of the pavement, breaking down the pavement edge and creating bare dirt on the edge of the pavement which then allows scouring on the pavement edge and undermining of the pavement. The estimated total length of curb required is 1600 feet (both sides, excluding driveways) or an estimated cost of $41,600. The property frontages vary and therefore the cost per household would vary. But an average on the street would be about 100 feet of curb, or $2600. I agree, I hoe that we can find a way to do this project. You and your neighbors take a great deal of pride in your homes. Although I can't prove it, I do believe that curbing improves the value of property, and certainly presents an improved appearance. Pete -----Original Message----- From: Jochmann [mailto:jochmann@mac.com] Sent: Wednesday, June 22, 2005 3:59 PM To: Hechenbleikner, Peter Subject: Re: PAVING OF STREETS Peter- Thanks for your reply. I think I may have seen you guys when you came out here, I was hoping that you were taking a look at the street. I would be happy to discuss this issue with my neighbors, but I have to say that I am, at first impression, taken back by the request that the abutters pay for this. I feel like we pay with our taxes and that the streets need to be maintained- ours just as much as any others. If Longview needs curbs so that $ does not get thrown away by continuing to partially resurface the sides, it seems to me like the town needs to plan for that just as they do what is necessary to maintain the other streets. Are there other streets where the abutters have paid to get their streets up to satisfactory condition or to put curbing in? Is the $26 the cost of curbing only or are we also paying for resurfacing? I also have to say that it is fairly rare that people park in front of the houses on this street (at least in the time I have lived here). People have driveways and it is just not necessary, so I am not sure if this is why the edges are breaking. Perhaps when it is paved people g h 7/11/2005 Page 4 of 5 drive on the sides, which is, what one normally does on a two lane road. Do you know when the last time it was paved was? Can you explain simply how the curbing will prevent breakage at the edges? Again, I do feel like it is a safety issue. Despite the fact that it is not a main drag, the condition of the street requires that you walk right in the middle with a stroller or small children and there are on occasions people who go way to fast even though it is not a main street. Finally, can you give me an idea of the overall cost for Longview as a whole so that I do not have to get my measuring tape out? Many thanks and I appreciate you taking the time to address this issue. When I hear back from you, I will happily have a discussion with the neighborhood. I would love to find a solution to this problem. All the best, Kristie Jochmann On Jun 22, 2005, at 2:22 PM, Hechenbleikner, Peter wrote: Dear Kristie Thanks for your inquiry regarding the condition of Longview Road. DPW Director Ted McIntire, Town Engineer Joe Delaney, and I walked Longview Road on June 13 to see firsthand what the issues are. The following is our analysis: Longview Road is broken up on the edges. The more additional material that has been placed to reinforce the edges, the more people park/drive there and break it down. Because of this and the steep hill in places, the street needs curbs. The Town Manager will check to see whether the abutters would be willing to pay for curbing at about $26 per foot and if so we can work with them to curb the street and repave it at that time. To repave without curbing is throwing good money after bad. Although this may not be exactly what you had hoped for, we do anticipate that this is the best way to address the concerns, and the only way that a street in this location (i.e. not much of a through street carrying very little traffic) would achieve a high priority for work. Please let me know what you think. You may feel free to share this with your neighbors. Sincerely Peter I. Hechenbleikner Town Manager 7/11/2005 Page 5 of 5 cc McIntire, Delaney, debrigard, Board of Selectmen -----Original Message----- From: Jochmann [mailto:jochmann@mac.com] Sent: Sunday, May 22, 2005 2:49 PM To: Town Manager Subject: PAVING OF STREETS Hi Peter, The Dept of Public Works suggested I contact you about the street paving schedule. I called them to see when Longview Rd was slated for resurfacing and they told me that they have the lists for the next many years and that Longview is not on the list. The condition of Longview Road is very bad (there is really no way to walk with a stroller unless you walk stay in the middle of the road). The edges are so torn up and broken that there is no way to walk safely on the edges and being there are no sidewalks in the neighborhood is posed a big problem for the adults and kids alike. I would really like someone to come out and take a look at the road. I would be surprised if they did not agree that it needs significant work. I am sure you are hearing it all the time, but I am one of the people who voted for big tax increases (for schools and community services) and am now feeling it significantly in my pocket book, so I hope to see some improvements in terms of community services. Sincerely, Kristie Jochmann 10 Longview 7/11/2005 Page 1 of 2 L c 36S Hechenbleikner, Peter From: cnj4@aol.com Sent: Sunday, July 17, 2005 2:18 PM To: john.cogliano@state.ma.us; luisa.paiewonsky@state.ma.us; Bob. Frey@state.ma.us; Kenneth.Miller@state.ma.us; Adriel.Edwards@state.ma.us Cc: canthony@cdmtitle.com; bruen-n-bruen@comcast.net; jcorey@ci.woburn.ma.us; jcurran@ci.woburn.ma.us; Bob. Frey@state.ma.us; Town Manager; rep.bradleyjones@hou.state.ma.us; anthonykennedy@attbi.com; Schubert, Rick; ben@tafoya2004.com; Reading - Selectmen; rtisei@senate.state.ma.us; swoelfel@mbta.com; etarallo@ci.woburn.ma.us; tricia@lynchassociates.net; mary.burggraff@hou.state.ma.us; carla.beaudoin@hou.state.ma.us; jblaustein@mapc.org; dansullivan@assetleasing.com; cleiner@massport.com; Elizabeth.Lintner@state.ma.us; akinsman@aaasne.com; g-r@comcast.net; anthonykennedy@comcast.net; woburnbusiness@earthlink.net; psodano@stonesav.com; rstinson@wakefield.ma.us; paulderman@prodigy.net; andy.mofter@fta.dot.gov; Reilly, Chris; maureen@northsuburbanchamber.com; melissa.callan@hou.state.ma.us; smurthy@trafinfo.com; Tafoya, Ben; kpyke@louisberger.com; rep.patricknatale@hou.state.ma.us; Ian.Durrant@state.ma.us; george@northsuburbanchambercom; rep.paulcasey@hou.state.ma.us; jebarnes@mit.edu; frederick.vanmagness@hou.state.ma.us; rick.marquis@fhwa.dot.gov; rep.mikefesta@hou.state.ma.us; Ehamblin@aol.com; rhavern@senate.state.ma.us; rgrover@ci.stoneham.ma.us; jgallagher@mapc.org; mgallerani@ci.stoneham.ma.us; kstein@hshassoc.com; Joshua.Grcegorzewski@fhwa.dot.gov, blucas@mapc.org; rflorino@ci.stoneham.ma.us; Margaret. Dwyer@state.ma.us; Lauren. Mauriello@state.ma.us; carmen.o'rourke@hou.state.ma.us; amckinnon@hshassoc.com; John.Mcvann@fhwa.dot.gov; jpurdy@louisberger.com; billwhome@juno.com; dcooke@vhb.com Subject: EVERSON RESPONSE TO MASS HIGHWAY REBUTTAL Secretary Cogiiano, Commissioner Paiewonsky, Bob Frey, Members of the I93/95 Task Force: Attached are my responses to Mass Highway's rebuttal. The summary of these two documents is given below: "At this stage, you have insufficient accident data, congestion data and lack accident analysis tools. Your accident data is currently undergoing a legal inquiry by the OIG. I am particularly troubled by your use of amateur engineering talent (i.e., Task Force members) to help redesign the interchange. Furthermore, if I had not made a major fuss about these matters, it is doubtful that any of them would have surfaced. I knew about your terrible accident data for months. I watched you very carefully. You said nothing about this data. Given this lack of ?truth in packaging? on your part, I elected to take my case to the US OIG. They did listen and created a legal inquiry into your accident data. It is also regrettable that you will have spent at least $1M on two feasibility studies and will not be able to quantify accident reduction improvements for a given countermeasure." "For these reasons, I cannot support your efforts or any resulting product derived from them." Regards, Jeff Jeffrey H. Everson, Ph.D. Principal Investigator, Intelligent Transportation Systems (ITS) Member: PRESERVE, I93/95 Task Force 21 Pine Ridge Circle, Reading, MA 01867 7/18/2005 I-93/1-95 Interchange Transportation Study Response to Jeff Everson's 6/9/05 "Selling Solutions" Document Everson Summarv: At this stage, you have insufficient accident data, congestion data and lack accident analysis tools. Your accident data is currently undergoing a legal inquiry by the OIG. I am particularly troubled by your use of amateur engineering talent (i.e., Task Force members) to help redesign the interchange. Furthermore, if I had not made a major fuss about these matters, it is doubtful that any of them would have surfaced. I knew about your terrible accident data for months. I watched you very carefully. You said nothing about this data. Given this lack of "truth in packaging" on your part, I elected to take my case to the US OIG. They did listen and elected to form a legal inquiry into your accident data. It is also regrettable that you will have spent at least $1M on two feasibility studies and will not be able to quantify accident reduction improvements for a given countermeasure. For all these reasons and those given below, I cannot support your efforts or any resulting product derived from them. Note: Mass Highway responses are provided below in red. Commissioner Cogliano, Bob Frey, Task Force Members: Before the Mass Highway Department (MHD) attempts to sell "solutions" at a public meeting, they need to do the following: (1) Receive exoneration from the US Inspector General on the issue of fraud. This might take months. Response: The Federal Highway A din in istration (FHWA), acting on behalf of the Office of Inspector General (OIG) for the U.S. Department of Transportation, has investigated this matter thoroughly; and ive have cooperated with them completely. FHWA has always supported this study and continues to support and follow it after their investigation. We have no reason to believe that the OIG ivill view the situation any difjerently. We don't know when the OIG might make a decision or take some sort of action, if any at all. The exoneration that some seek may simply come in the form of no response at all. We will continue with the study schedule, and remain ready to address any further questions from the OIG or FHWA. Everson response: The OIG is responsible for investigating waste, fraud and abuse within the US DOT. Since the FHWA is a component of the DOT, it is not legally empowered to act on behalf of the OIG. If the FHWA spoke on behalf of the OIG, that would be like the fox speaking on behalf of the chicken coop. Please... If the FHWA is so supportive of this study, then they could so state in writing and explain why. (2) Provide legally certifiable proof that their "new" (i.e., from 2002 onward) accident data is acceptable. How do we know that it's any better than the "old" (i.e., from 2001 to previous years) accident data? This might be accomplished in conjunction with the US Inspector General or the Transportation Research Board (TRB). Response: For the purposes of this study, crash data from 2002 onward are based our manual examination of individual crash reports completed by police and/or operators, which have been pulled fi°oin individual files housed tit the Registry of Motor Vehicles. In this way, all possible information recorded from a crash is available for analysis purposes. Iii terms of acceptability, there call be no greater level of scrutiny tivith this material. LBG Pagel of 3 7/15/05 Office of Transportation Planning, I-93/1-95 Interchange Transportation Study Response to Jeff'Everson's 6/9/05 "Selling Solutions" Document Everson response: Prior to the rollout of the new police accident reporting form in 2002, police accident reports had too many missing data elements to be useful for analytical work (See references listed in Everson paper on www.PRESERVE.ws). How does Mass highway know that in use of the new form that there are less missing data elements? How can one manually examine what may not exist? (3) Demonstrate what is meant by acceptable accident data Response: The "Safety Analysis " document discusses the acceptability of 2001 and earlier crash data for historical perspective and for general observations and comparisons to other locations (page 2). As for the acceptabilio) of'data from 2002 and later, see number (2) above. Everson response: According to the references provided in my paper (see www.PRESERVE.ws), there are too many crashes whose locations are unknown. This assertion is further buttressed by the introductory information supplied with the accident data set of 1997-1999 used in the first feasibility study. Some of these accidents could have occurred outside the study area for the second feasibility study, thereby rendering useless these data for historical perspective. (4) Prove that their accident data restoration process for "old" accident data is valid Response: The restoration process (cleaning and standardizing the data) is also described in the Safety Analysis document. This labor-intensive process improves the accuracy and completeness of the data as much as reasonably possible. Crash records under the neiv reporting system (2002) will automate some of this process and reduce previous errors or inconsistencies. Everson response: Has the methodology supporting this so-called restoration process ever been referenced and validated? The statement "Improves the accuracy ...as much as reasonably possible" is vague and unacceptable. Also, the statement "Reduce previous errors or inconsistencies" is vague. To what extent will the error be reduced? (5) Provide legally certifiable proof that the MHD did, in fact, apply this accident restoration process to accident data used in the two 193/95 interchange feasibility studies, and for the 8 other transportation planning studies that I recently cited. The MHD may need to do this for the US Inspector General. The issue here is...TRUST! Response: Crash data, for all studies used the methods described in number (4) above, which represent the best available data and most reasonable analysis methods at the time. All comparative analyses were based on the same methods, which carry the same relative advantages and disadvantages across all locations. Everson response: Currently, we have no way of knowing whether you actually did apply your accident data restoration process to all transportation planning studies that I cited. I have seen a few references that describe a reduction in staff at Mass Highway and, therefore, the possibility that you lacked sufficient staff to support "...this labor-intensive process." Further, where are your references that indicate the extent to which your accident data restoration process is effective? How does this process work when you re-examine a police accident report from several months ago or even a year or two previously? How do you supply those missing data elements? (6) Cease using members of the Task Force to help redesign the interchange. This is ludicrous given that most members have no highway engineering experience, sufficient congestion data Office of Transportation Planning, LBG Page 2 of 3 7/15/05 ~~a I-93/1-95 Interchange Transportation Study Response to Jeff Everson's 6/9/05 "Selling Solutions" Document or data analysis tools. Maps, tracing paper and magic markers won't cut it (See #9 below). The Task Force could be better employed using their input on eminent domain, community impacts, noise pollution and cost versus benefits. Response: T'e will continue to involve the Task Force and its subcommittees in developing all types of alternatives for the study, including any potential interchange modifications. Obviously, we will draw from the expertise of the consultant team for guidance and suggestions, but involving Task Force members in all stages of this study - including alternatives development - is a beneficial and necessary aspect of our collective effort to develop solutions, and a commitment we have made f•om the beginning. Everson response: The last time I made a count, there were 35 members of the Task Force. Most have no technical training and very few have any direct experience in accident and congestion data analysis. How many Task Force members have published technical reports on these subjects? How many technical papers has Mass Highway published in these areas? Even fewer Task Force members have technical backgrounds involving both accident and congestion analysis. Some members have difficulty understanding the meaning of normalized data. Members of the Task Force could be far better utilized in rendering their opinions on eminent domain, noise, and community impacts as well as benefits versus cost issues. Their current preoccupation with magic markers and tracing paper is a vacuous exercise and a public relations sham. (7) Acquire sufficient accident data to estimate the yearly mean accident count. This can be done by collecting several years of accident data or using a few years combined with accident data from similar highway facilities. The latter approach is based on the Empirical Bayes method that was described in a book written by Dr. Ezra Hauer (Professor Emeritus, University of Toronto) in 1997. The MHD has had 8 years to read his book. Well? As discussed in the 617105 Data Subcommittee meeting, we are looking at estimating a crash rate, for each individual year that data is available (seepage 2 and 3 of the meeting summary). This work is underway noi-v for the I-9311-95 interchange and for other interchanges that we had analy. ed previously. The Empirical Bayes method, with its opportunities and limitations for this study, has been discussed several times, and goes back to the revisions to the scope. This research-based method is mainly used to make quantitative predictions of the safety improvement of counter measures (i.e., testing one hypothesis against another). Bayes Theorem allows one to make inferences about which of two well-defined hypotheses is true, by looking at the probability of a particular set of'data given each hypothesis; the probability of each hypothesis can be estimated f rom the data. To use the Empirical Bayes inethodfor this study with any degree of accuracy would require rigorous statistical analysis of'a large data setfor the interchange (and potentially other similar interchanges). As we know, conditions and other factors change from year to year in ways that compromise statistically rigorous analysis; for example, traff c patterns and weaving behavior at the 1-9311-95 interchange were altered when the Anderson ramps opened. The other problem is that in order to use the method looking ahead, you need an analogous situation for which you have sufficient before and after data. T'hile Empirical Bayes could provide a probability distribution of the actual difference in crash rates at another interchange that could be applied to the 1-9311-95 interchange, there is not really another analogous situation that we know of that could be used for comparison. One could draw some inferences about the effect of weaving distances by looking at the 1-9311-495 cloverleaf, but we all agree that even if we were certain we knew the exact crash rate there we could not quantify the effect of lengthening weaves at 1-9311-95 because there are too many differences Office of Transportation Planning, LBG Page 3 of 3 7/15/05 I-93/1-95 Interchange Transportation Study Response to Jeff Everson's 6/9/05 "Selling Solutions" Document between them, and in any case a slightly larger cloverleaf is not a useful solution for I-9311-95. So we have neither a comparable situation, nor sufficient before and after data to use the Empirical Bayes method for this study. Everson response: The real issue is to quantify the improvement of any accident reduction countermeasure for a given accident type by an estimated percentage and the likelihood that this will happen. Achieving this result is made difficult by potentially large fluctuations in accidents on a highway facility from one year to the next. Empirical Bayes is a method that can treat these fluctuations. However, given your limited data and presumed lack of comparative interchanges, you can't use Empirical Bayes. So, what will you use to estimate the benefits of accident reduction countermeasures? If you don't know the benefits reasonably well, how can you calculate a benefit to cost ratio for specific accident reduction countermeasures to be reviewed by members of the Task Force? (8) Acquire acceptable accident analysis tools. The current version of the LBG SOW cites Accident Modification Factors (AMF). After about 20 minutes on the Internet and one call later to a nationally recognized expert on AMF, I learned that AMF's are only applicable for two lane, rural roads, not freeways and NOT interchanges. It's about time that the MHD paid attention to business. They ought to know by now that I'm likely to check on things like this. I assume that this matters to the rest of you. .Response: LBG first discussed accident modification factors (A.AIF) in a meeting with Jeff Everson and Bob Soli on May 5, 2004 - a meeting held to discuss./effs suggestions for additions to the scope of work for the study. As a result of this meeting, some AMF language was added to the scope. AMF was also discussed in the February 24, 2005, Data Subcommittee meeting (see page 2 of the summar)). All involved in this study are aware that the AMF work to date is based on research on rural highways. The AMF paragraph added to the scope after the May 2004 meeting reads as follows: "Specifically, the research will be reviewed for insights into the current operation of the 193495 interchange from a safety perspective, and to suggest approaches for improving the interchange by considering Accident Modification Factors and the effectiveness of'potential countermeasures to be considered in Task 3 and Evaluated in Task 4A. " LBG has never suggested use of these factors, and has consistently maintained that results from safety improvements are difficult to quanta. The consideration of AMF research was intended merely to suggest approaches with regard to sight distances, horizontal curvature, etc. Everson response: The development of AMFs pertain to a FITWA program called Interactive Highway Safety Design Module (IHSDM). My previous company, Battelle Memorial Institute, provided contract support on this program that addressed the redesign of rural, two lane roads. Roadway curvature, typical operating speeds, sight distances and human factor responses (visual, cognitive and psychomotor) were examined in the context of rural roads. It is also important to understand and quantify these parameters for freeways and interchanges. However, these parameters could be considerably different in a highway/interchange context compared to rural roads. lGiven "...that results from safety improvements are difficult to quantify," how can you then lestimate a cost benefit ratio if you don't know what the benefits are? This will become a veryl sensitive community issue should you exercise the eminent domain option. (9) Acquire sufficient vehicle count data to determine whether, for example, the main lines of the interchange contribute more, about the same or less congestion than connecting roadways. Office of Transportation Planning, LBG Page 4 of 3 7/15/05 I-93/1-95 Interchange Transportation Study Response to Jeff Everson's 6/9/05 "Selling Solutions" Document This can be done using statistical significance testing. Although you won't get a Nobel prize for it, it is doable. Reslaonse: We will be working on the issue of mainline vs, ramp/connecting roadways congestion with the congestion subcommittee. We have also begun these discussions at recent ITF meetings. A'e should already have sufficient vehicle count data to make distinctions between mainline and ramp traffic, and will test these types of scenarios through microsimulation. We will also examine the effects of regional traffic through the CTPS travel demand model. Everson response: I have seen nothing in your modified SOW that addresses the question of how much congestion data is needed to know whether there is a difference in level of service (LOS) between, say, the mainline and connecting roadways and whether this difference is, in fact, significant. There is nothing in your SOW that explicitly refers to significance testing. Also, you don't have enough vehicle count data to test the effects of seasonal variations. If you applied the principles of significance testing, you could obtain an estimate on how much vehicle count data is required. I am not aware that you have done that. These are my non negotiable demands, and are not subject to some fuzzy notion called consensus (sorry Kathy). Put it this way...what am I supposed to give up? Good accident data? If anyone thinks that I am in error on these technical matters, then speak up and show me your references. This presentation might seem a bit "harsh," but so what. What happened to public safety in our collective rush to "solutions." And...please don't tell me that you don't have the funds or time to address the 9 issues above. The 193/95 interchange has been an object of your interest at least since the award of the first contract to Edwards & Kelcey in May 1997. The combined price tag for the two feasibility studies is at least $1 M. Enough is enough.... Regards, Jeff Jeffrey H. Everson, Ph.D. Principal Investigator, Intelligent Transportation Systems (ITS) Member: PRESERVE, 193/95 Task Force 21 Pine Ridge Circle, Reading, MA 01867 781-944-3632 (home); 781-684-4247 (work); cni4cDaol.com June 9, 2005 Office of Transportation Planning, LBG Page 5 of 3 7/15/05 "I'N 41~T Page 1 of 1 Hechenbleikner, Peter From: Gary Phillips [gdphililips@comcast.net] Sent: Wednesday, July 20, 2005 10:46 AM To: Hechenbleikner, Peter; Schettini, Pat Cc: Rob Spadafora; Elaine Webb; Carl McFadden Subject: Wood End School Complaint Follow-up (Please forward to Ms. Fiore and other S. Committee Members) Ladies & Gentlemen: b / C ~o We are in receipt of your July 8th letter responding to our e-mail of July 1, after we received a letter from Ms. Fiore, Reading Board of Health Administrator, regarding our high air temperature complaint at the Wood End School of early June. An apology was made to Ms. Fiore by me on Ms. Fiore's voice mail last week (she was not in at the time of the call) for any negative inferences toward either her character or performance in that e-mail. A mistake was made by us as to the date (Monday, July 13th instead of Tues. July 14)) of our phone conversation with Mr. Mike Feeney, Director of Emergency Response Air Quality Program for the Mass. Dept. of Public Health. Our earnest concern has been and still is, to address the extreme heat and ventilation conditions at the new elementary school. We understand these conditions existed since fall of '04 and we hope will not go unapprised in the future when classroom temperatures exceed 85 degrees during the school day or if students must be released due to heat rashes, or if teachers find it necessary to complain to their union representative. Hopefully ventilation capacity, and air quality and temperature issues will be re- evaluated to determine what forms of relief can be implemented, especially if such problems might relate to any deficiencies in design or workmanship. Hopefully we all wish to work as effectively as we can to provide the best for our students and teachers. Respectfully, Gary and Linda Phillips 7/20/2005 / C 80 TRACKING OF LEGAL SERVICES - FY 2005 Month July August September October November December January February March April May June Subtotal Monthlv Hours MonthlM Monthlv Hours Cumulative Available Monthlv Monthlv Hours Hours Used vs Remainder I I Allocated Used Allocated of 1/2 year Allocated Used 83.5 73.4 (10.10) (10.10) 427.6 $9,583 $9,548 83.5 86.6 3.10 (7.00) 341 $9,583 $11,321 83.5 86.8 3.30 (3.70) 254.2 $9,583 $10,696 83.5 75.4 (8.10) (11.80) 178.8 $9,583 $9,197 83.5 103.7 20.20 8.40 75.1 $9,583 $12,268 83.5 47 (36.50) (28.10) 28.1 $9,583 $5,875 501 472.9 $57,498 $58,905 83.5 51.3 (32.20) (60.30) 500 $9,583 $6,413 83.5 42.4 (41.10) (101.40) 457.6 $9,583 $5,327 83.5 55.9 (27.60) (129.00) 401.7 $9,583 $6,980 83.5 35.9 (47.60) (176.60) 365.8 $9,583 $4,487 83.5 35.7 (47.80) (224.40) 330.1 $9,583 $4,463 83.5 37.4 (46.10) (270.50) 292.7 $9,583 $5,425 501 258.6 $57,498 $33,095 Total 1002 731.5 -270.5 d $114,996 $92,000 Cumulative Available Cost ' Remainder Year $9,548 $100,702 $20,869 $89,381 $31,565 $78,685 $40,762 $69,488 $53,030 $57,220 $58,905 $51,345 $65,318 $49,678 $70,645 $44,351 $77,625 $37,371 $82,112 $32,884 $86,575 $28,421 $92,000 $22,996 $22,9961 07/19/2005 TUE 14:52 FAX 617 722 2390 HOUSE GOP LEADER'S OFF Office of the House Republican Leader ~ c 4 Commonweafthi of assachusetts FAX COVE SHEET TO: ORGANISATION: FROM" DATE: FAX TO: Dear Mr. Hechenbleikner: Peter Hechenbleikner, Town Manager Town of Reading State Representative Brad Jones July 19, 2005 121001 L~c3~S r - UV I r ~ ~iiv1 (781) 942-9071 No. Pages (including cover): 1 This is justa quick note to inform you that House Bill 4259, An Act Relative to the Massachusetts Water Resources Authority, was passed to be engrossed by the House of Representatives earlier today, its title having been changed by the House Committee on Bills in the Third Reading. This legislation would permit the Town of Reading to join the MWRA for purposes of supplementing its water supply during summer months. The text of House Bill 4259 is the same as that filed by the Governor on behalf of the town earlier this year (House Bill 4187). HB4187 was disapproved by House Counsel on grounds that local bills, whether filed under powers of home rule or by the Governor, should not be used as the basis to regulate regional water issues. Thus, we re-filed the same text as a general act in HB4259. This situation leads to confusion as to the bill numbers but should not have any practical effect on the enactment of this legislation for the town's purposes. The next stop for HB4259 is in the Senate, where Senator Tisei shall be advocating for its passage. I shall continue to keep you advised of the bill's status going forward. Should you have any questions, please do not hesitate to call me. Sincerely, Bradley H. Jones, Jr. MinorityLeader The State House, Room 124 Boston, MA 02133 a (617) 7222100 O i