HomeMy WebLinkAbout2005-04-12 Board of Selectmen PacketL.--
FAX: (781) 942-9071
Email: townmanager&l.reading.ma.us
MEMORANDUM
TO: Board of Selectmen
FROM: Peter I. Hechenbleikner
DATE: April 7, 2005
TOWN MANAGER
(781) 942-9043
RE: April 12, 2005 Agenda
Previous plans make it impossible for me to be at the Selectmen's Meeting on April 12, 2005. I
especially regret not being able to attend James' and Ben's first meeting.
4a) The first item of business will be to swear in the two new Selectmen. A copy of the oath
is included in this packet - you don't need to memorize it, the Town Cleric will lead you
through it.
4b) The second item of business will be re-organization to elect a Secretary. Gail Wood was
the previous Secretary. I would assume that you would elect a person to serve through
June 30, 2005, and then select a new Chairman, Vice Chairman, and Secretary for
FY2006 at that time.
4c) Liaison Assignments - Attached is a list of the current liaison assignments. Obviously
there are some "gaps" in that Gail's and George's assignments would not be met. 1
would recommend that the Board of Selectmen establish their new liaison assignments
for the current time through June 30, 2006. Please see the copy of the Selectmen's Policy
regarding liaison assigrurrents that is attached.
2a) Proclamation - Telecommunications Week - Chief Silva, Chief Designate Connier,
Chief Burns, and representatives from the Dispatchers will be present. This group of
Dispatchers is extremely important to the public safety of the community, and it's
appropriate that they be recognized during this National Telecommunicator's Week.
4d) Hearing - Beer and Wine License - Cohunbos Pizza and Cafe - This establishment has
less than 100 seats, and therefore is eligible only for a beer and wine restaurant license.
There are five beer and wine licenses available within the Town, and only one other has
been assigned - Savory Tastes. Enclosed are comments from the Police Department, and
Town of Reading
16 Lowell Street
Reading; MA 01867-2685
Health Administrator indicating they have no objection to the issuance of a Beer and
Wine Restaurant License. The license is not to be pledged. 'Some additional information
is required on the plan in order for the license to be issued. This includes the total
number of seats, location of storage of stock, location where service will be done, i.e. the
location of the service bar.
Suggested conditions would be that there be. no beer or wine service outside the building
(there's a small "terrace" towards Chute Street where the owner has discussed putting
tables, and there would be concern about service in that location). A copy of the Policy
of the Board of Selectmen regarding beer and wine service is attached.
4e) Attached is material on a Conservation restriction at, 72 Van Norden Road. The material
is self explanatory. These restrictions have been approved already by the Commonwealth
of Massachusetts, by the property owner and by the Conservation Commission.
4f) Update on Water Issues - The Public Works Director and Water Treatment Plant
Supervisor along with a consultant will be present to go through the status of water
conservation program and water distribution system improvements. The MWRA buy-in
is still unsettled and I would like to postpone discussion until I can be present.
4g) The attached memo indicates the need for Memorial Day speakers at the four cemeteries.
Traditionally, the Chairman has done the speaking at Laurel Hill.
8) Correspondence - I will point out the following correspondence:
1. The Home Rule Petition on the Conservation easement issue on Longwood Road
is progressing.
2. With regard to parking in the downtown area, we expect to have that before the
Board of Selectmen in late April or early May.
3. We hope to get the heavy vehicle exclusion on Linden Street and Bancroft
Avenue as indicated. This is part of the downtown improvement program.
4. Reading has achieved its 201h year as a Tree City USA. If anybody plans on going
please let Paula know.
5. Please see the notice on the Board of Health fee schedule and the proposed
changes in fees. This is within the purview of the Board of Health to make
changes.
6. A Natural Heritage Study has determined that the proposed site of the Water
Treatment Plant may not be viable because of habit of blue spotted salamanders
and spotted turtles. We will need a little time to develop alternatives.
PIH/ps
PROCLAMATION
NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK
WHEREAS: Emergencies can occur at any time that require police, fire or emergency
medical services; and
WHEREAS: When an emergency occurs, the prompt response of Police Officers,
Fire Fighters and paramedics is critical to the protection of life and
preservation of property; and
WHEREAS: The safety of our Police Officers and Fire Fighters is dependent upon
the quality and accuracy of information obtained from citizens who
telephone the Reading Police-Fire Communications Center; and
WHEREAS: Public Safety Dispatchers are the first and most critical contact our
citizens have with emergency services; and
WHEREAS: Public Safety Dispatchers are the single vital link for our Police
Officers and Fire Fighters by monitoring their activities by radio,
providing them information and insuring their safety; and
WHEREAS: Public Safety Dispatchers of the Reading Police Department have
contributed substantially to the apprehension of criminals, suppression
of fires and treatment of patients; and
WHEREAS: Each Dispatcher has exhibited compassion, understanding and pro-
fessionalism during the performance of their job in the past year.
NOW, THEREFORE, WE, the. Board of Selectmen of the Town of Reading, Massachusetts
do hereby proclaim the week of April 10-April 16, 2005 as National
Public Safety Telecommunications Week in honor of the men and
women whose diligence and professionalism keep our Town and citizens
safe.
THE BOARD OF SELECTMEN
Richard W. Schubert, Chairman
Camille W. Anthony, Vice Chairman
James E. Bonazoli
Joseph G. Duffy
Ben Tafoya
aa'
I solemnly swear that I will faithfully and
impartially discharge and perform all the duties
incumbent on me as a Selectman, according to the
best of my ability and understanding, agreeably to
the constitution and laws of the Commonwealth of
Massachusetts and the by-laws of the Town of
Reading, So help me God.
q6zl 9
SELECTMEN'S LIAISON ASSIGNMENTS - FY 2005
Accounting Department
Schubert
Community Services Department
➢ Board of Appeals
➢ Community Planning and Development Commission / MAPC
Hines
➢ Conservation Commission
amines
➢ Historical Commission
Hines
➢ Land Bank Committee
Anthony
➢ Board of Health
Anthony
➢ Constable
Anthony
➢ Board of Registrars
Anthony
➢ Council on Aging / Mystic Valley Elder Services
Anthony
Finance Department
Anthony
➢ Trust Fund Commissioners (must be Chairman)
➢ Board of Assessors
➢ Reading Telecommunications and Technology Advisory Committee (R-TAC)
➢ Finance Committee
Housing Authority
mood
Library Department
Hines
➢ Arts Council
Department of Public Safety
Duffy
➢ Police Department
➢ Fire Department
Department of Public Works
mood
➢ Board of Cemetery Trustees
➢ Water and Sewer Advisory Committee / MWRA
➢ Solid Waste Advisory Committee
➢ Town Forest Committee
➢ Recreation Committee
Reading Municipal Light Department
Duffy
School Department
Schubert
Downtown Steering Committee
Hines
Z1C'.-,1,e
C. Board of Selectmen Liaisons:
1. The purpose of establishing Board of Selectmen liaisons to the various
Departments is to maintain good communication and effective working
relationships between other Boards, Committees and Commissions and the Board
of Selectmen.
2. Liaison assignments shall be established by the Board of Selectmen on a yearly
basis.
3. It is the Board of Selectmen's intention that every Board, Committee or
Commission will have an assigned Board of Selectmen liaison each year.
4. Board of Selectmen roles as liaisons:
(a) To attend as many meetings of the Board, Committee and
Commission as possible;
(b) To assist the Board, Committee or Commission where there is a
problem with attendance of any member;
(c) To act as a resource person for the liaison Board, Committee or
Commission regarding Selectmen's issues;
(d) To particularly understand and communicate to the full Board of
Selectmen issues which affect budgets and other areas of concern
of the Board, Committee or Commission;
(e) To adhere to Policy 1.1.4 - 4 when dealing with staff support for
the liaison Board., Committee or Commission.
D. Board of Selectmen as a whole by maiori vote:
1. Responsible for approving overall goals, objectives and policy setting for
the Town to be discharged by the Town Manager within the constraints of
the Reading Home Rule Charter, and other applicable local Bylaws and
Federal and State statutes and regulations.
2. Selects the Town Manager and establishes the rate and manner of
compensation. The Town Manager serves as the equivalent of the Chief
Operating Officer for the Board of Selectmen with the ultimate authority
and responsibility for the operation and the management of the Town,
under the direction and control of the Board of Selectmen. Except for
actions contrary to decisions or written policies made by the Board of
Selectmen as a whole, the Town Manager is authorized to take whatever
actions are required to operate and manage the Town. The Town Manager
is the designated representative for the Board of Selectmen regarding
collective bargaining negotiations. The Town Manager may utilize other
Town personnel as needed to carry out these responsibilities.
3. Serves as an appeal body for residents on matters arising from the Board
of Selectmen's operations.
4. Annually chooses Selectmen to serve as Board Chairman, Vice Chairman
and Secretary.
5. Approves:
a. , The Annual Report of the Board of Selectmen.
b. All correspondence on Board of Selectmen letterhead that is written by
the Board to other elected or appointed Boards or Committees
1-2
y C, ~
LEGAL NOTICE
;WN O IR.P-ADING.
To. the.,' Inhabitants of the
Town of Reading:.
You are hereby notified. that
an application for a beer and
wine liquor'-license has been
applied for by Colombo's Pizza
Cafe. The application is for
the premises At 2 Brande Court,
Reading, Massachusetts. Under
the provisions of Chapter 138,
Section 15 of the
Massachusetts General Laws, a
public hearing will, be held con=
cerning such application by the
board of Selectmen on April 12,
2005 . at 8:00 p.m. in ' the
Selectmen's Meeting Room, 16 , .
Lowell Street, Reading,
Massachusetts..
All interested' parties . are
invited to attend or submit their
comments in writing, or by email
to Town - Manager at townman
ager@ci.re6ding.ma.us..
By order of
Peter 1. Hechenbleikner,
Town Manager
3/22
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LAW OFFICE OF
WILLIAM F. CROWLEY
TEL (781) 942-2233
March 14, 2005
626 MAIN STREET
READING, MASSACHUSETTS 01867
Honorable Members of the Board of Selectmen
Town Hall
Reading, Massachusetts 01867
RE: Colombo's Pizza & Cafe
Application for Wine and Malt License
Dear Members of the Board:
4=
F
Please be advised that I represent Frank. J. Colomba, owner of Colombo's Pizza
& Cafe, located at 2 Brande Court. For nearly two years, Mr. Colomba has been serving
delicious food to his customers, and had attained a well-deserved reputation for quality,
exceptional service, and attention to detail. Over this time, many patrons have indicated
that they would enjoy some wine or beer with their meal. In order to provide for his
patrons' desires, Mr. Colomba hereby submits his application for a license to serve wine
and halt beverages.
Included herewith please find three copies of the following documents:
a) ABCC Application for Alcohol Beverage License for Retail Sale;
b) Form A, Licensee Personal Information Sheet;
C) Form 43;
d) Floor plan of premises; and
e) Copy of photo of exterior of premises.
Please do not hesitate to contact me if there are any questions. I look forward to
working with the Town on Mr. Colomba's behalf to obtain the license. Thank you for
your attention to this matter.
Sincerely,
William F. ro ey
14,~f 6 9
FAX (781) 942-0292
Attachment to the application of Colombo's Pizza & Cafe for Wine and Malt License
Please note that this is an existing restaurant seeking to add a license for retail sale
of alcohol,. and NOT the construction of a new building, nor is it a transfer of a current
licensed premise.
q J-7 %
THE COMMONWEALTH OF MASSACHUSETTS
/ ALCOHOLIC BEVERAGES CONTROL COMMISSION
License Number
Type of Transaction (Please check
(x) New License
( ) Transfer of License
( ) Change of Manager
( ) Transfer of Stock
FORM 43
City/Town Date
11 relevant transactions)
( ) New Officer/Director ( ) Pledge of License
( ) Change of Location ( ) Pledge of Stock
Alter Premises ( ) Other
Eolombo's Pizza,& Cafe
Name of licensee
DB/A
Frank J. Colomba
. Manager
_2 Brande Court Reading, MA 01867
Address: Number Street Zip Code
Annual
Annual or Seasonal
Wine and Malt , Restaurant
Category: All Alcohol, Wine & Malt Type: Restaurant, Club, Package Store,
Inn, General on Premise, Etc.
Description of Licensed Premises:
Restaurant consists of 1000 square feet, of which 60.0 s.quare feet is
dining area with.front entrance and side entrance. Kitchen is 400
.square eet with.rear exit. Two handicap-accessi,ble,restrooms. Also,
.adjacent storage area.
Application was filed: March 14, 2005 - 12:2 1Advertised: March 22.,. 2005 - ' ChrQio cle
Date & time D e & Publication
Abutters Notified Yes No
Person to contact regarding this transaction:
Name: William F Crowley, Esc
Address: 626 Main Street, Reading, MA 01867
Phone .781 942-2233
Remarks:
The Local Licensing Authorities
By:
Alcoholic Beverages Control Commission
Ellen .9►'toriarty.
Executive. Director
Remarks:
Ltd
FED of Licensee
A ,
THE COMMONWEALTH OF MASSACHUSETTS
ALCOHOLIC BEVERAGES CONTROL COMMISSION
Application for Alcoholic Beverage License for Retail Sale
Fi Town: Reading
(X)New License ( ) New officer/Director
( )Transfer of License ( ) other.
( )Transfer of Stock (Specify)
1.
Name to. appear on the license: Colombo's Pizza Cafe
Business name (d/b/a); if different:
'Manager of Record: Frank, J. Colomba . FID of. Licensee:
t ss of Premises; Street: 2 Brande .Court zip code:01867
number of premises : (.781 ) 9 4 4 -10 0 6
2. Type of license:* '(check only one)
-Club Package store Veterans club
_General on premise X Restaurant -Other
_Innholder _Tavern (Specify)
3. License Category: All Alcoholic x Wine and Malt
Malt only ^Wine only.
~Wine and Malt with Cordials Permit
4. License Class: X Annual Seasonal
5. Person kattorney xt appa.icaDie, wnv can ne vv"Uacceu cvnveraaraay uais appircacion:
Name: William F. Crowley', Esq.
Address: .626 Fain Street., Reading,-MA 01867
Phone number: (781). 942-2233
6. Give a full and complete description of the premises to be licensed, including location of all
entrances and exits:
Restaurant consists of 1,000 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 re.strooms. Also, adjacent storage area.
6a.
Seating capacity:. Occupancy number:
-7
7. Applicant is an: Association
-Partnership
11/95
_Corporation Individual
-Non-profit corporation
. .- e
s_ if soolicant is an individual or nartnershin: List for individual or each partner. 1
Full Name
Home Address
D.O.B.
SSN
Frank J. Colo
a. 648 Pearl Street,; Reading,-MA 01867
A-
OF
ea. Is individual or are all partners United States citizens? X Yes _No
If no, specify citizenship:
8b. Is individual or are all partners involved at least twenty -one years old? X Yes' NO
9. If the applicant is a corporation, complete the following:
State of Incorporation: Date of Incorpor4tions
Fiscal Year Bnds: Date qualified to do business in MA:
9a. How many shares of stock are authorised? How many shares of stock are issued?
Provide in the box below the names.of' all offioers,•direcbors, stockholders and manager.
Title
Full Name
Bane Address
D.O.B.
SSN
Shares of
stock
owned or
controlled
A-
OF
9b. Attach a copy of the vote by the Board of Directors appointing a manager or principal representative.
9c. If the applicant is a corporation, answer the following questions:
1. Are the majority of directors United States citizens? _Yes _No
2. Are the majority of directors citizens of Massachusetts? _Yes No
3. Is the manager or principal representative a U.S. citizen? _Yes No
lo. If the applicant is an association, provide in the box below the names of all association officers 'and
�e��nharn '
Title
Full Name
Home Address
D.O.B.
SSN Phone
Number
A-
OF
11. Will there,.be any construction, remodeling, redecorating or building or. the premises for-this license?
—Yes X No (If you complete a,b,c, and d)
'i '
a. dive an exact description of the construction, remodeling, redecorati.ng'or building on the
promises
b. What are the estimated costs? '
c. What is the construction schedule?
d. state all sources of construction financing:
12. Do. you bwn the premises? -X—Yes No: If•yes, please respond to the quistion below.
As an individual. X Jointly Name of Realty Trust
Name of Corporation
Other
(specify)
(If you are do not own the premises to be licensed, provide the following information-about the owner.)
Name: Phone number: ( )
Address:
12a. If a lease or rental, provide the following information:$ per
(month, year, etc.)
Beginning date•of•lease Ending date of lease
(provide a copy of the lease..)
11 0"1. .ens #.a -ter- ,rnhAAAA And cost?
Equipment:
$
60. 0
Furniture: $
Goodwill: $
I nventory:
I
$
3,000:00
License: S 209.99
Premise: $
LLJ
13a.
Total Purchase Price: $ 288 000.00
.13b.
Identify in the box below all sources of financ:
Mortgage: $ 150 000.00 seller: $
Cash: $ Other (specify): $
Document all sources e.g.,-.-Loan papers, checking accounts,•atock sales, etc.)
13c
All other terms and conditions:
(provide purchase and sale documents)
13d. Are you seeking approval for license to be pledged?
If yes, to whom?
_Yes
_X No
r W
.1
13e. Will the inventory be'pledged? _Yes �C__No
If yes, specify to whom
13f. If a corporation, are you seeking approval _Yes _No
for any corporate stock to be pledged?
If yes, identify to whom and identify
the number of shires to be pledged.
OWMSHIP INTERNST8
14. *State the following information for all persons or entities who will have any direct or indirect
beneficial or financial interest in this license:
14a. Describe all types of beneficial or financial interest each person or entity identified in Question
14 will have in this license:
Person or entity
Beneficial or financial interest
Frank J.
Colomba
100% owner
14b. Does any person or entity listed in Question 14 have any direct or indirect beneficial or financial
interest in any other license granted under Chapter 138?
_Yes X No (If yes, provide the following for each person or entity.)
Name
Type of
license
License name and address
Description of Interest
�xj-jle
14c. Has ~any parson or entity 'named in Question 14 ever held a license or a beneficial interest in a
1'ieense issued under Chapter 138 which is not presently held? _Yes X No (If yes, provide
the following for each person or entity.)
Name
Type of
License
License name and address
Date ownership
surrendered
14d. Describe how all -licenses identified in Question 14c were terminated (e.g. transfer of -ownership,
non - renewal, surrender, etc.):
Date License Reason why the license was terminated
14e. Has any person or entity named in Question 14 ever had a license suspended, revoked, or cancelled?
_Yes
X No (If yes, provide the following information)
Date License Reason why the license was suspended; revoked, or cancelled
14f. Has any person or entity named in *Question 14 ever been convicted of violating any state, federal or
military law? _Yes ,X—No (If yes, attach a statement of details.)
is. a Each individual applicant must sign.
b. Applications by a psrtuership must be signed by a majority of the partners.
c. Applications by a corporation must be signed by an officer authorized by a vote of the .corporations Board of
Directors.
d: Applications by an association must be signed by a majority of the members of the governing body. All signers
must have answered question 10.
e. False information or failure to disclose are reasons to revoke a license or deny a' license application.
Signed and subscribed to-under the penalty of perjury, this day of
Title
a
The Commonwealth of Massachusetts
TheAlcoholicBeverages Control Commission
239 Causeway Street, Suite 200
Boston, MA 02114
FORM A
LICENSEE PERSONAL INFORMATION SHEET
THIS FORM MUST BE COMPLETED FOR EACH:
x A. NEW LICENSE APPLICANT
B. APPOINTMENT OR CHANGE OF MANAGER
IN A CORPORATION
Telephone: 617 - 727.3040
FAX: 617.727 -1256
C. TRANSFER OF LICENSE (RETAIL ONLY -SEC. 12 & SEC. 15)
(Please check which transaction is the subject of an application accompanying this Form A.)
ALL QUESTIONS MUST BE ANSWERED AND TELEPHONE NUMBERS PROVIDED OR
APPLICATION WILL NOT BE ACCEPTED.
1. LICENSEE NAME_ Cal nmhn ' sq hi' !7 7- a K r+a frm
A
(NAME AS IT WILL ON THE LICENSE)
2. NAME OF (PROPOSED) MANAGER Frank J. Colomba
3. SOCIAL SECURITY NUMBER
•4. HOME(STREET)ADDRESS 648 Pearl Street, Reading, MA 01867
5. AREA CODE AND TELEPHONE NUMBER (S): (Give both, your home telephone and a number at which
you can be reached during the day).
DAYTIME# 07.81) 944 -1006 P.i41g#Cell# (61_7) 347 -7738
6. PLACE OF BIRTH: _ 7. DATE OF BIRTH:
8. REGISTERED VOTER:. �� YES NO -- 8A. WHERE ?:
9. ARE YOU A U. S. CITIZEN: Y YES NO
10. COURT AND DATE OF NATURALIZATION (IF APPLICABLE):
(Submit proof of citizenship and/or naturalization such as Voter's-Certificate, Birth Certificate or
Naturalization Papers)
(Over)
11. - FATHER'S NAME: ' - .
12. MOTHER'S MAIDEN NAME:
13. IDENTIFY YOUR CRIMINAL RECORD, (Massachusetts, M1111ay, any other State or Federal): ANY OTHER
ARRESTOR APPEARANCE IN CRIMINAL COURT CHARGED WITH A CRIMINAL OFFENSE
REGARDLESS OF FINAL DISPOSITION:
YES x NO (MUST CHECK lFaHER YES OR NO
IF YES, PLEASE DESCRIBE OFFENSE (S) SPECIFIC CHAikGE AND DISPOSITION (FINE,
PENALTY, ETC.)
14. PRIOR EXPERIENCE IN THE LIQUOR INDUSTRY: YES x NO
IF YES, PLEASE DESCRIBE:
15. FINANCIAL INTEREST, DIRECTOR INDIRECT, IN THIS OR ANY OTHER LIQUOR LICENSE, PERMIT
OR CERTIFICATE: x YES. NO
IF YES, PLEASE DESCRIBE: I zrfh7 10D% 8,0fler of restaurant. wh2elr4 *11 1 i nel ude
this license when issued.
16. EMPLOYMENT FOR THE LAST TEN YEARS (Dates, Positlon, Employer, Address and If known,
Telephone Numbers):
Owner, Colombo's Pizza Cafe, November, 2003 to the present. Previously
employed in real estate management for Apartment Resources, Inc..
Waltham, MA
17. , HOURS PER WEEK TO BE SPENT ON THE LICENSED PREMISES: .80
18. 1 HEREBY SWEAR THAT UNDER THE
INFORMATION I � GIVEN IN THIS
AND BELIEF. n
BY:
F.4f LES %MAUREEN.1VDUWREEWORMSWOR"WP0
9199
PENALTIES OF PERJURY THAT THE
)N IS TRUE TO THE BEST OF MY KNOWLEDGE
SIGNATURE
DATE
2
1.57
NEW 3'-4'x 68' METAL DOOR
- I
I PASTA SUB & SALAD UPRIGHT
I PREP STATION FREEZER
I STATtoN NEW 4'-O' x 6'-0"
NEW F WALK-IN REF. UNIT
0 I KITCHEN & STORAGE
103
I
FRIG TOR I ° r^-
I "TOILET
20 I NEW 3 COMPARTMENT SINK 105
FRI(p TOR 1 NEW HAND WASH SINK LOCKERS `
6'-0" h
I NEW FD
FLAT OP I
GRID LE I -
I
PIZZA EP MEAT
STATI N SLICER
DOU LE DECK I (
7, - - II
PIZZN OVEN I I
I D.W.
DOUG
Ef
MIXER ( o TOIL
PASS-THROUGH--,~~
WINDOW 6'-0x4'-0'
CUSTOMER SERVICE
in 102
I
i 10 I DOUBLE DECK PIZZA
iv I PIZZA OVEN I WARMER ED 11 18'-7"
NEW DOUBLE-ACTING
DOORS 3-0"x7'-0"
22'-63/6'
CAFE & DINING
lot
TOTAL AREA RESTAURANT SPACE
INCLUDING KITCHEN & TWO
TOILET ROOM = 995 S.F.
EXISTING 3'-O' X T-O' DOOR
I\
V
T
P
C
n
T
P
P
6
F-
G
C
tlxl~ -
i°.i'
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Reading Police Department
Robert J. Silva, Chief of Police
MEMORANDUM
Date: March 21, 2005
To: Town Manager's Office
Cc: Lillian Marino
From: Lieutenant Kevin Patterson
RE: Application for Beer and Wine License ( Columbo's Pizza & Cafe).
Approved By: Chief Silva
Approval Initials: N :'I'S'
The Police Department has reviewed the application and information of: Columbo's Pizza & Cafe
(Frank J.Columba) and would not be opposed to the issuance of a Beer & Wine License.
oFR Town of Reading
y ~
16 Lowell Street
Reading, MA 01867-2684
[ip~4 mcr~f±rzs:. sawr~u~.mcrr.~sr::n:~..~.:.a~.rr. .vsrrx
lN'C0
HEALTH
FAX: (781) 942-9071 (781) 942-9061
Memorandum
To: Peter Hechenbleikner
Town Manager
CC: Lillian Marion
From: Jane Fiore .
V
Health Services Administrator
Date: 4/4/2005
Re: Application Beer/Wine for Colombo's Pizza and Deli Cafe
Colombo's has been in operation since October 2003. Since that time there have been eight (8) .
health inspections. All these inspection have not revealed any critical health code violations. The
restaurant staff has been up to date on their annual choke saver and food handling certifications as
well.
The Health Division has no objections toward this application for a beer and wine license.
4 1~
Section 3.2 - Liquor License Policy
This policy shall apply to all premises licensed for the sale and/or consumption of
alcoholic beverages by the Licensing Authority (Board of Selectmen) pursuant to their authority
as the Licensing Authority of the Town of Reading as determined by the Reading Home Rule
Charter, Town of Reading Bylaws, and the laws, rules and regulations of the Commonwealth of
Massachusetts.
The following chart indicates which portion of these regulations applies to which type of
license:
Category
3.2.1
3.2.2
3.2.3
3.2.4
3.2.5
Retail Package Goods Store License
for all kinds of Alcoholic Beverages
X
not to be Drunk on the Premises
Restaurant License to Expose, Keep
for Sale, and to Sell All
X
X
X
Kinds of Alcoholic Beverages to
be Drunk on the Premises (100
or more seats
Restaurant License to Expose, Keep
for Sale, and to Sell Wine
X
X
X
and Malt Beverages to be Drunk
on the Premises less t an 100 seats
Club License to Expose, Keep
for Sale., and to Sell All Kinds
X
X
of Alcoholic Beverages to be
Drunk on the Premises
3.2.1 - General Requirements for All Licensed Establishments
3.2.1.1- Plan Required
A plan of the building and a detailed floor plan of the licensed premises including the
capacity of a, restaurant and parking facilities shall be on file with the Licensing Authority. No
alterations shall be permitted to. the premises without approval in advance from the Licensing
Authority or its designee.
3.2.1.2 - Deliveries
. Deliveries to licensed establishments shall be made only during business hours and shall
be made in a manner so as not to disrupt neighbors or interfere with traffic or parking.
3.2.1.3- Inspection
The licensed premises shall be subject at all times to inspection by members of the
Licensing Authority or its designee, and Reading Police, Fire and Health officials.
3 -3
3.2.1.4 - Advertisements
No advertising matter, screen, curtain or other obstruction, which prevents a clear view of
the interior of the premises, shall be maintained in or on any window or door.
3.2.1.5 - Amusement Devices
No establishment licensed for the on-premises or off-premises sale or consumption of
alcohol shall permit the use ' of any amusement device or electronic game unless specifically
licensed to do so by the Board of Selectmen.
3.2.1.6 - Duty to Perform
An applicant for a license to sell liquor on or off premises shall within 45 days of the
issuance of such license commence construction of the licensed premises which shall be fully
operational within 120 days of the issuance of such license, unless otherwise approved by the
Licensing Authority. Thereafter, the licensee will continuously operate the premises in
accordance with the terms and conditions of the license. The closing of the licensed
establishment for seven consecutive calendar days or for more than 20 calendar days during a
calendar year shall be deemed to be abandonment of the license and sufficient grounds for
revocation, unless prior approval is granted by the Licensing Authority. Upon application by the
licensee, the Licensing Authority may waive this abandonment provision in the event of major
renovation, destruction by fire or flood or other similar circumstance.
3.2.1.7 - Establishment of Written Policies
Licensees shall establish written policies regarding the sale or service of alcoholic
beverages based upon the requirements of the regulations of the Alcoholic Beverages Control
Commission, these regulations, and any other conditions placed on the license.
3.2.1.8 - Alcohol Policy for Staff While Serving
Licensees, Managers, principal representatives and employees are required to be alcohol
free while selling to and/or serving patrons.
3.2.1.9 - Alcohol Manajeement or Server Training
Licensees, Managers and principal representatives of licensed establishments are required
to successfully complete an alcohol management or server training course (depending on the
type of license) approved by the Liquor Liability Joint Underwriting Association of
Massachusetts at the time of issuance of the license.
Servers of alcoholic beverages shall be required to successfully complete a server training
course approved by the Liquor Liability Joint Underwriting Association of Massachusetts within
six (6) months of becoming employed in a position where they are serving alcohol to customers.
All persons required to successfully complete an alcohol management or server training
course must be successfully retrained prior to the end of the certification period. The licensee
shall certify annually to the Licensing Authority at the time of renewal of the license that the
licensee, Manager, and all employees meet this requirement.
q X a'k
3-4
3.2.1.10 - Liquor Liability Insurance Requirement
Licensees are required to have, or otherwise provide, liquor liability insurance in the
minimum amount determined from time to time by the Licensing Authority. This requirement is
applicable regardless of whether the licensee rents, or otherwise provides the licensed premises
to a third party. Limited exceptions to this requirement may be granted by the Licensing
Authority for reasons of hardship or upon adequate proof of inability to obtain the required
insurance. There is no right to an exception, and the Licensing Authority is not required to grant
such an exception. Licensees shall provide the Board of Selectmen with a copy of the Certificate
of Insurance upon the issuance or renewal of a license.
3.2.1.11- Staffing
Licensees shall maintain an adequate ratio of staff to patrons in order to properly monitor
beverage sales and consumption.
3.2.1.12 - Supervision - Presence
The licensee, a Manager or principal representative of the licensee shall be present in the
licensed premises at all times during which alcoholic beverages are being sold pursuant to the
license, and shall be available to the licensing authorities and its agents during all such times
unless some other person, similarly qualified, authorized and satisfactory to the Licensing
Authority, and of whose authority to act in place of such Manager or principal representative
shall first have been approved by the Licensing Authority in the manner aforesaid is present in
the premises, and is acting in the place of such Manager or principal representative.
3.2.1.13 - Duty to Keep Order
No licensee for sale of alcoholic beverages shall permit any disorder, disturbance or
illegality of any kind to take place in or on the licensed premises, including the parking lot or lots
that serve the premises. The licensee shall be responsible therefor whether present or not. There
shall be no indecent or immoral entertainment on the licensed premises.
3.2.1.14 - Proof of Age
The Licensee, Manager, principal representative, bartender and waitress/waiter shall
refuse to serve any patron under the age of twenty-one (21). When in doubt of age, they shall
require the showing of an identification card or license in accordance with Chapter 138, Section
34B of the General Laws.
3.2.1.15 - Minimum Age of Employee or Server
No employee of any licensed establishment who is serving, clearing or otherwise
handling alcoholic beverages shall be under the age of 18. -
3.2.1.16 - Prohibition of Bringing Alcoholic Beverages onto the Premises
There shall be no alcoholic beverages brought onto the premises of a licensed
establishment except for deliveries for the operation of the business as controlled by the laws,
rules and regulations of the Commonwealth of Massachusetts.
~yz
K
3-5
3 21 17 - Information Resardin2 the Alleged Service of Alcohol Prior to Violation for
Driving Under the Influence of Intoxicating Liquors
Upon the receipt of a letter from the Office of the Attorney General or the Middlesex
other
District Attorney's Office pursuant to G.L. c. 90, Sec. 24J or any other statute, or any other
notice regarding the alleged service or sale of alcohol to an individual who is subsequently
convicted or pleads guilty to a violation of driving under the influence of intoxicating liquors, or
enters a disposition under Section 24D of Chapter 90, the Licensing Authority:
♦ Shall forward a copy of the letter to the licensee cited, along with a copy of these rules
and regulations.
♦ May request that the licensee appear before the Licensing Authority to respond to the
allegation.
Upon the receipt of two or more letters in a two-year period, the licensee shall be
required to appear before the Licensing Authority to respond to the allegations.
Any disciplinary action taken by the Licensing Authority shall be taken in accordance
with the provisions of the Reading Liquor Policy, the Massachusetts General Laws, and Rules
and Regulations of the Alcoholic Beverages Control Commission. Neither a letter from the
Office of the Attorney General or the Middlesex District Attorney's Office, nor the original letter
from the court to these law enforcement agencies shall, by itself, constitute sufficient evidence so
as to allow for a finding that a licensee has committed a violation.
3.2.1.18 - Duty to Report an Attempt to Purchase by a Minor
The licensee shall be required to report to the Reading Police Department any time a
person attempts to purchase alcohol while being underage, or attempts to use an altered or forged
identification for the purpose of purchasing alcohol. Furthermore, the licensee shall immediately
report to the Reading Police Department any time they suspect an adult is purchasing alcohol for
a minor. These infractions must be reported even when the incident takes place off premises,
such as for home deliveries.
3.2.1.19 - Liquor License Fees
The following fees are established for each calendar year for the categories of license
available in the Town of Reading:
Category
2005
2006
2007
Retail Package Goods Store License for all
$2000
$2000
$2000
kinds of Alcoholic Beverages not to be
Drunk on the Premises
Restaurant License to Expose, Keep for
$3000
$3100
$3200
Sale, and to Sell All Kinds of Alcoholic
Beverages to be Drunk on the Premises
Restaurant License to Expose, Keep for
$2400
$2400
$2400
Sale, and to Sell Wine and Malt Beverages
to be Drunk on the Premises
Club License to Expose, Keep for Sale, and
$800
$900
$1000
to Sell All Kinds of Alcoholic Beverages to
be Drunk on the Premises
3-6
3.2.1.20 - Hours of Operation
The following shall be the hours of operation for premises licensed for sale and/or service
of alcoholic beverages by the Town of Reading:
Category
Hours of Operation
Exceptions
Retail Package Goods Store License for
8:00 am to 11:00 p.m.,
See Sunday Sales below
all kinds of Alcoholic Beverages not to
except 8:00 a.m. to 11:30
be Drunk on the Premises
p.m. the day before a
holiday
Restaurant License to Expose, Keep for
11:00 a.m. to 12:00
Sale, and to Sell All Kinds of Alcoholic
midnight on weekdays,
Beverages to be Drunk on the Premises
and 12:00 noon to 12:00
midnight on Sundays
Restaurant License to Expose, Keep for
11:00 a.m. to 11:00 p.m.
Sale, and to Sell Wine and Malt
on weekdays, and 12:00
Beverages to be Drunk on the Premises
noon to 11:00 on Sunda
Club License to Expose, Keep for Sale,
8:00 a.m. to 2:00 a.m.
and to Sell All Kinds of Alcoholic
except on Sundays and
Beverages to be Drunk on the Premises
legal holidays when the
hours are 12:00 noon to
1:00 a.m.
3.2.1.21- Breech of Policy or Conditions
For breach of any of the requirements, restrictions or conditions of this policy of license,
the Licensing Authority reserves the power and right to modify, suspend, revoke or cancel the
license in accordance with the law.
3.2.1.22 - Sunday Sales for Package Stores
Sunday sales for Package Stores are permitted, pursuant to M.G.L. c. 138, §15, subject to
the following conditions:
o No sales may be made prior to noon on Sunday;
i No sales may be made after 11:00 p.m. on Sunday; except that no sales may be made
after 11:30 p.m. on a Sunday that immediately precedes a legal holiday;
♦ Employees must be paid for working on Sunday at a rate not less than 1'/2 of the
employees' regular rate;
♦ No employee may be required to work on a Sunday; refusal to work on a Sunday is not
grounds for discrimination, dismissal, discharge, deduction of hours or any other
penalty;
o If a Section 15 licensee intends to close one day per week except Sundays, such licensee
must notify the Licensing Authority of such licensee's intended hours of operation.
,A W %
30u
3-7
3.2.2 Requirements for All:
♦ Restaurant License to Expose, Keep for Sale, and to Sell All Kinds of Alcoholic
Beverages to be Drunk on the Premises, and
♦ Restaurant License to Expose, Keep for Sale, and to Sell Wine and Malt Beverages to
be Drunk on the Premises
All licensees for the service of alcohol, whether the holder of
♦ Restaurant License - All Kinds of Alcoholic Beverages
♦ Restaurant License - Wine and Malt Beverages or
shall, in addition to Section 3.2.1 of this policy, adhere to the following policies:
3.2.2.1- Advertisement
No premises shall be licensed that contain any advertisement or sign upon which appears
the brand name of any product sold in the establishment including wine or beer, except that signs
or advertisements inside of the premises that cannot be seen from the exterior of the premises are
permitted
3.2.2.2 - Requirements for Service of Food and Drink
In licensed premises, all food and drink service shall conform to the following:
♦ Food shall be served on china, pottery or other solid dinnerware and shall use metal
silverware. No plastic or paper dinnerware or silverware is permitted.
♦ An establishment that has a separate and distinct take-out area may be licensed for the sale of
beer and wine on the premises.
♦ Alcohol must be served in glass or pottery containers only. No paper, plastic or other
containers will be used for service. Pitchers or carafes of beer or wine with a capacity of 750
ml or less will be permitted.
3.2.2.3 - Toilet Facilities Required
No premises shall be licensed unless to facilities meeting all requirements of the
current code of the Commonwealth of Massachusetts are generally available to the customers of
the facility.
3.2.2.4 - List of Alternative Transportation
Licensees shall maintain a written list of the telephone numbers of local taxicab
companies next to the public telephone. If there is no public telephone, the list should be
available for patrons when requested.
3.2.2.5 - Orderly Closing
Licensees shall ensure that patrons leave the premises at the closing hour in an orderly
manner. All tables and service locations shall be cleared of alcoholic beverages within 1/2 hour
after the legal time for sale.
3.2.2:6 - Prohibition of taking Alcoholic Beverages from the Premises
There shall be no . alcoholic beverages taken from the premises of a licensed
establishment except for deliveries for the operation of the business as controlled by the laws,
rules and regulations of the Commonwealth of Massachusetts.
3.2.2.7 - Refusal of Service
The Manager of any premises licensed under this policy shall refuse to serve any patron
who is approaching a condition of "Under the Influence."
3.2.2.8 - Service of Alcoholic Beverages Limited to Hours that Food Services is Provided
The hours during which sales of alcoholic beverages may be made in a licensed premise
is further limited to the times when food service is available. No alcoholic beverages may be
sold or served in a licensed premise before food service is available, nor after the food service
has been suspended.
3.2.2.9 Service Bar
In the event that an area is designed as a "service bar," which is distinct from what is
commonly referred to as a "bar," no liquor is to be served to the public at such service bar, and
no stools or chairs are to be placed at said service bar.
3.2.3 = Requirements for All: Restaurant License to Expose, Keep 'for Sale, and to Sell All
Kinds of Alcoholic Beverages to be Drunk on the Premises
All Restaurants licensed for the service of "All Kinds of Alcoholic Beverages" shall
adhere to the following policies in addition to the provisions of Sections 3.3.1 and 3.3.2 of this
policy:
3.2.3.1- Minimum Seating Requirement
A license shall not be granted for an establishment having a seating capacity of less than
one hundred (100) persons. No more than 15% of the seats shall be at a bar.
3.2.4 - Reauirements for all Restaurant License to Expose Keep for Sale, and to Sell Wine
and Malt Beverages to be Drunk on the Premises
All Restaurants licensed for the service of "Wine and Malt Beverages to be Drunk on the
Premises" shall adhere to the following policies in addition to the provisions of Sections 3.2.1
and 3.2.2 of this policy:
3.2.4.1- Purpose and Intent
Pursuant to a Home Rule petition by the . Town of Reading, the General Court of the
Commonwealth of Massachusetts authorized the Town of Reading to issue a limited number
(currently 5) of Beer and Wine licenses to restaurant establishments with fewer than 100 seats.
This legislative action was confirmed by the voters of the Town in the Election of March 24,
1998. This policy is established pursuant to those votes.
The intent of this policy is to encourage the development and retention of smaller
specialty restaurants in the Downtown area of -Reading in order to enhance the economic vitality
of the Downtown area. It is recognized that the serving of beer and wine in a restaurant is part of
the customers' dining experience.
3-9
4 J~
1-V
3.2.4.2 - Maximum Seats
A restaurant holding a "Wine and, Malt Beverage" license shall have seating for less than
100 customers. All seats shall be at tables there shall be no seating at a bar.
3.2.4.3 - Service Bar
Only a service bar is permitted. Its function is to serve to restaurant employees who
serve the customers and can be used to serve drinks to those customers waiting to dine. There
will be no seats at this bar.
3.2.4.4 - Seating Requirement
There shall be no service of alcohol to anyone unless they are seated at a table.
3.2.5 - Reauirements for Club License to Expose. Keep for Sale, and to Sell All Kinds of
Alcoholic Beverages to be Drunk on the Premises
All Clubs licensed for the service of "All kinds of Alcoholic Beverages to be Drunk on
the Premises" shall adhere to the following policies in addition to the provisions of Section 3.2.1
of this policy:
3.2.5.1- Minimum Seating Requirement
A license shall not be granted for an establishment having a seating capacity of less than
one hundred (100) persons. No more than 15% of the seats shall be at a bar.
3.2.5.2 - Advertisements
No premises shall be licensed that contain any advertisement or sign upon which appears
the brand name of any product sold in the establishment including wine or beer, except that signs
or advertisements inside of the premises that cannot be seen from the exterior of the premises are
permitted.
3.2.5.3 - Requirements for Service of Food and Drink
In licensed premises, all food and drink service shall conform to the following:
♦ Plastic glasses are permitted. Service will be by the glass or bottle, or glass or pottery
pitchers or carafes of beer or wine with a capacity of 750 ml or less will be permitted.
3.2.5.4 - Toilet Facilities Required
No premises shall be licensed unless toilet facilities meeting all requirements of the
current code of the Commonwealth of Massachusetts are generally available to the customers of
the facility.
3.2.5.5 - List of Alternative Transportation
Licensees shall maintain a written list of the telephone numbers of local taxicab
companies next to the public telephone. If there is no public telephone, the list should be
available for patrons when requested.
3.2.5.6 - Orderly Closing
Licensees shall ensure that patrons leave the premises at the closing hour in an orderly
manner. All tables and service locations shall be cleared of alcoholic beverages within '/z hour
after the legal time for sale.
3.2.5.7 Prohibition of taking Alcoholic Beverages from the Premises
. There shall be no alcoholic beverages taken from the premises of a licensed
establishment.
3.2.5.8 - Refusal of Service
The Manager of any premises licensed under this policy shall refuse to serve any patron
who is approaching a condition of "Under the Influence."
3.2.5.9 - Service Bar
In the event that an area is designed as a "service bar," which is distinct from what is
commonly referred to as a "bar," no liquor is to be served to the public at such service bar, and
no stools or chairs are to be placed at said service bar.
3.2.6 - Requirements for One Day Liquor Licenses
3.2.6.1 - One day liquor licenses may be issued by the Town for commercial establishments or
for non-profit organizations.
3.2.6.2 - Holders of one day licenses shall provide the liquor to the attendees of any event
"bring your own liquor (or beer or wine)" will not be permitted.
3.2.6.3 - Holders of one day licenses shall provide a bartender and/or servers who are trained
and authorized to make decisions regarding continued service of alcoholic beverages to
attendees. There shall be no self service of any alcoholic beverage at an event approved as a one
day license.
3.2.6.4 - Applicants for one day licenses shall provide proof of insurance to the Town with the
application for the one day license.
Revised 5-25-04
Section 3.3 - Issuance of Peddler's Licenses
Chapter 101, Sections 12a through 33 of the Laws of the Commonwealth, provide for
regulations of peddlers. Part of the State law allows the Board of Selectmen to establish local
rules and regulations for the granting of such licenses.
The following rules and regulations are hereby adopted to guide the Board of Selectmen
in reviewing and ruling upon applications for Peddler's Licenses:
Each application will be dealt with on a case by case basis. The following guidelines are
not intended to be a full list of issues to be dealt with by the Board but are merely guidelines to
the applicant.
3-11
J~l
01
MEMORANDUM
To: Board of Selectmen
From: Fran Fink, Conservation Administrator
Date: March 17, 2005
Re: Conservation Restriction, 72 Van Norden Road
The Conservation Commission is pleased to submit the attached Grant of Conservation
Restriction for your consideration.
The site to be placed under restriction is the southern portion of the single-familyhouse
lot at 72 Van Norden Road, presently owned by Dennis and Carol Hughes. The restricted
area directly abuts Town-owned Conservation Land to the south, shown as Lot 3B on the
site plan. The restricted area is part of an extensive wetland system located between Van
Norden Road and Forest Street that contains stream channels and certified vernal pools.
The restricted area contains 14,608 square feet out of the total property area of 20,486
square feet.
The Conservation Restriction is required by a condition of the Order of Conditions issued
in 1998 for construction of the house and accessory structures.
I have attached maps and site plans to provide further information about the site and the
neighborhood.
Mr. and Mrs. Hughes and the Conservation Commission have accepted the Conservation
Restriction and signed the Grant. We hope that the Selectmen will also sign the
Restriction on page 10, have the signatures notarized, and then return the Grant to the
Commission. If you have any questions, please contact me in the Conservation office.
Thank you for your consideration of this matter.
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A
GRANT OF CONSERVATION RESTRICTION
TO TOWN OF READING
We, Dennis P. Hughes and Carol A. Hughes of 72 Van Norden Road, Reading,
Massachusetts, owners of the land at 72 Van Norden Road (hereinafter referred to as the
"Grantor"), acting pursuant to Sections 31, 32 and 33 of Chapter 184 of the General Laws of
Massachusetts, do hereby grant, with Quitclaim Covenants, to the TOWN OF READING, acting
through its Conservation Commission, a duly constituted municipal corporation having its usual
place of business at 16 Lowell Street, Reading, Massachusetts 01867, and its successors and
assigns (hereinafter referred to as the "Grantee"), in perpetuity and exclusively for conservation
purposes, the following Conservation Restriction on land located in the Town of Reading,
Massachusetts and described as:
The areas shown as "Proposed Conservation Restriction Area " (hereinafter referred to as
the "Conservation Restriction Area") on portions of Lot 3A (Lot 3A in its entirety,
hereinafter referred to as the "Property") on a plan of land entitled "Plan of Land Showing
Conservation Restriction Area in Reading, MA", prepared by Paul J. DeSimone,
Registered Land Surveyor # 30466, dated December 2, 2004, said Conservation
Restriction Area containing 14,608 square feet according to said plan and more
particularly described as set forth in Exhibit "A" attached hereto and incorporated herein
by reference. Said plan is recorded in Middlesex South Registry of Deeds at Plan Book
Plan #
The boundaries of the Conservation Restriction Area have been staked with stone or concrete
bounds as delineated in the above-referenced "Plan of Land Showing Conservation Restriction
Area in Reading, MA " plan. For Grantor's Title, see Book 30235, Page 002 as recorded in the
Middlesex South Registry of Deeds.
1. PURPOSES
The Conservation Restriction Area contains unusual, unique, and/or outstanding qualities
the protection of which in their predominantly natural or open condition will be of benefit to the
public. In perpetuity, the purpose of this Conservation Restriction is: to maintain the
Conservation Restriction Area predominantly in a natural, scenic and undeveloped condition; and
to prevent any use of the Conservation Restriction Area that would significantly impair or
interfere with its conservation values.
The Conservation Restriction Area serves as a source of significant scenic and open space
value to the residents of both the Town of Reading and the Commonwealth of Massachusetts:
The Town of Reading has identified the significance of the Conservation Restriction Area as
open space through an Order of Conditions issued on May 6, 1998, a certified copy of which is
recorded at the Middlesex South District Registry of Deeds at Book 41211, Page 498. The open,
scenic, and natural condition of the Conservation Restriction Area further contributes to the
preservation of the Town of Reading's unique character.
The Conservation Restriction Area contains a wide variety of plant and animal species
threatened by development in the Town of Reading. The Conservation Restriction Area serves
as a Bordering Vegetated Wetland habitat for a multitude of animals and birds. It is part of a
larger wetland area that contains streams and certified vernal pools.
II. BINDING EFFECT, PROHIBITED ACTS AND USES, EXCEPTIONS THERETO,
AND PERMITTED USES
A. Binding Effect
The Grantor covenants that the Conservation Restriction Area will at all times be held,
used, and conveyed subject to and not used in violation of the following restrictions that shall run
with the Property in perpetuity.
B. Prohibited Acts and Uses
Subject to the exceptions set forth in subparagraph C below, the following acts and uses
are prohibited on the Conservation Restriction Area:
(1) Mining, excavating, dredging, cutting, destroying, or removing from the
Conservation Restriction Area soil, loam, peat, gravel, sand, rock, or other
mineral resource or natural deposit;
(2) Constructing or placing of any structures, including but not limited to tennis
courts, swimming. pools, greenhouses, landing strips, mobile homes, skating rinks,
asphalt, concrete or other forms of impervious pavement, antennae and dishes,
signs, billboards or other advertising displays, utility poles, towers, conduits,
lines, or other temporary or permanent structure or facilities on, below, through,
or above the Conservation Restriction Area;
(3) Installing underground storage tanks or placing, filling, storing, or dumping on the
Conservation Restriction Area soil, refuse, trash, yardwaste such as lawn
clippings, leaves, branches, etc. (other than those naturally deposited in the area),
vehicle bodies or parts, rubbish, debris, junk, waste, or any other substance or
material whatsoever, whether or not generated on the Property;
(4) Cutting, removing, or otherwise destroying trees, grasses, shrubs, brush, or other
vegetation;
(5) Conducting activities detrimental to drainage, flood control, water conservation,
water quality, erosion control, soil conservation, plants, or wildlife habitat;
(6) Using the Conservation Restriction Area for residential, commercial, or industrial
purposes;
2
(7) Except for vehicles authorized for permitted uses and for emergency vehicles,
using motorized vehicles such as skimobiles or all-terrain vehicles (ATV's);
(8) Subdividing the Conservation Restriction Area;
(9) Using herbicides and pesticides, or using other chemicals or mechanical means
which may have an adverse impact upon the plant life or wildlife within the
restricted area, except as may be. permitted, in writing, by the Grantee for the
control of noxious or invasive species;
(10) Conducting any other use of the Conservation Restriction Area or activity which,
in the reasonable opinion of the Grantee, is or may become inconsistent with the
intent of this Conservation Restriction, that is the preservation and protection of
the Conservation Restriction Area in its natural and scenic condition.
C. Exceptions to Otherwise Prohibited Acts and Uses
Notwithstanding any of the Prohibited Acts and Uses in subparagraph B above, the
following acts and uses are permitted to the Grantor, but only if such acts and uses do not
materially impair significant conservation interests and if such acts and uses have been expressly
permitted by the Grantee in writing as set forth below:
(1) Selective pruning and cutting of trees and the shrub understory for fire prevention
or to remove hazards and disease.. Provided, however, that said activities shall be
undertaken only with the consent and approval of the Grantee, which consent and
approval shall not be unreasonably withheld or delayed;
(2) Walking, strolling, hiking, skiing, horseback riding, or other similarly passive,
non-motorized, and non-mechanized recreational activities in the Conservation
Restriction Area not inconsistent with the intent of this Conservation Restriction,
which is the preservation and protection of the Conservation Restriction Area in
its natural, scenic, and undeveloped condition and the prevention of any use of the
Conservation Restriction Area that would significantly impair or interfere with its
conservation values;
(3) Creating and maintaining additional narrow unpaved walkways and paths in the
Conservation Restriction Area, subject to the reasonable approval of the Grantee.
However, no walkway or path shall be located within 50 feet of [any dwelling?
any vernal pool? any wetland resource area? other sensitive feature?]; and
(4) Maintaining of existing stone walls in the Conservation Restriction Area, if any.
The Grantor shall notify the Grantee in writing not less than thirty (30) days before the
date the Grantor intends to undertake any of the activities described in this section with the
3
exception of those described in paragraph Il. C. (2) above. The notice shall describe the nature,
scope, design, location, timetable, and any other material aspect of the proposed activity in
sufficient detail to permit the Grantee to make an informed judgment as to the activity's
consistency with the purposes of this Conservation Restriction. The Grantee shall grant or
withhold the Grantee's approval in writing within thirty (30) days of receipt of the Grantor's
written request therefor. The Grantee, upon 48-hour notice and between 9:00 a.m. and 8:00
p.m. Monday through Saturday, may perform an inspection before granting or withholding
approval.
III. LEGAL REMEDIES OF THE GRANTEE
A. Legal and Injunctive Relief
The rights hereby granted shall include the right in the Grantee to enforce this
Conservation Restriction by appropriate legal proceedings and to obtain injunctive and other
equitable relief against any violations, including, without limitation, relief requiring restoration
of the Conservation Restriction Area to its condition before the occurrence of the violation (it
being agreed that the Grantee may have no adequate remedy at law). The rights hereby granted
shall be in addition to and not a limitation of any other rights and remedies available to the
Grantee for the enforcement of this Conservation Restriction.
B. Cost of Enforcement
The Grantor and. thereafter the successors and assigns of the Grantor agree to bear the
costs and expenses (including without limitation counsel fees) incurred in enforcing this
Conservation Restriction or in remedying or abating any violation thereof, provided that the
Grantor has been found to be in violation by a court of competent jurisdiction or agrees to the
violation.
C. Grantee Disclaimer of Liability
By the Grantee's acceptance of this Conservation Restriction, the Grantee does not
undertake any liability or obligation relating to the condition of the Property; including the
Conservation Restriction Area.
D. Non-Waiver
Any election by the Grantee as to the manner and timing of the Grantee's right to enforce
this Conservation Restriction or otherwise exercise the Grantee's rights hereunder shall not be
deemed or construed to be a waiver of any such rights.
IV. ACCESS:
The Conservation Restriction hereby conveyed does not grant to the Grantee, to the
general public, or to any other person any right to enter upon the Property, except as follows:
4
The Grantor grants to the Grantee, or the Grantee's duly authorized agents or
representatives, an easement of access to enter the Property at reasonable times and in a
reasonable manner for the purpose of inspecting the same to determine compliance herewith,
enforcing the restrictions herein, remedying any violation thereof, and inspecting the Property
before granting or withholding approval of the acts and uses as more fully described in Section
II.C, Reasonable time shall be Monday through Saturday between the hours of 9:00 a.m. and
8:00 p.m.
V. COSTS, LIABILITIES, TAXES
The Grantor shall pay, before delinquent, all taxes, assessments, fees, and charges levied
on or assessed against the Property by a competent authority, and, except for such charges as
may be imposed by the Town of Reading, shall furnish the Grantee with satisfactory evidence of
payment upon request.
VI.. ASSIGNABILITY
A. Running of the Burden
The burdens of this Conservation Restriction shall run with the Property in perpetuity,
and shall be enforceable against the Grantor and the successors and assigns of the Grantor while
holding any interest in the Property.
B. Execution of Instruments
The Grantee is authorized to record or file any notices or instruments appropriate to
assuring the perpetual enforceability of this Conservation Restriction; the Grantor on behalf of
the Grantor and the Grantor's successors and assigns appoints the Grantee as the Grantor's
attorney-in-fact to execute, acknowledge, and deliver any such instruments on the Grantor's
behalf. Without limiting the foregoing, the Grantor and the Grantor's successors and assigns
agree to execute any such instruments upon request.
C. Running of the Benefit
The benefits of this Conservation Restriction shall not be assignable by the Grantee,
except in the following instances:
(1) As a condition of any assignment, the Grantee shall require that the purpose of
this Conservation Restriction continue to be carried out;
(2) The person or entity to whom the Grantee intends to assign the Conservation
Restriction, at the time of the assignment, shall qualify under Section 170(h) of
the Internal Revenue Code of 1986, as amended or any successor statute, and
applicable regulations thereunder, and under Section 32 of Chapter 184 of the
N
Massachusetts General Laws, as amended or any successor statute, as an eligible
donee to receive this Conservation Restriction directly; and
(3) Any assignment shall be in compliance with the provisions of Article XCVH (97)
of the Amendments to the Constitution of the Commonwealth of Massachusetts.
VII. SUBSEQUENT TRANSFERS.
The Grantor shall incorporate by reference the terms of this Conservation Restriction in
any deed or other legal instrument by which the Grantor divests any interest in all or a portion of
the Property. The Grantor shall notify the Grantee in writing if the Grantor conveys the Property
or any part thereof or interest therein (including a lease).
VIII. ESTOPPEL CERTIFICATES
Upon request by the Grantor, the Grantee shall within twenty (20) days execute and
deliver to the Grantor any document, including an estoppel certificate, that certifies the
Grantor's compliance with any obligation of the Grantor contained in this Conservation
Restriction.
IX. EFFECTIVE DATE
This Conservation Restriction shall be effective when the Grantor and the Grantee have
executed the Conservation Restriction deed; the administrative approvals required by Section 32
of Chapter 184 of the Massachusetts General Laws have been obtained; and the Conservation
Restriction.deed has been recorded, or if registered land, has been registered in the Middlesex
County Registry of Deeds.
X. NOTICES
Any notice, demand, request, consent, approval, or communication that either the Grantor
or the Grantee desires or is required to give to the other shall be in writing and either served
personally or sent by first-class mail, postage pre-paid, addressed as follows:
To Grantor: Dennis P. Hughes and Carol A. Hughes
72 Van Norden Road
Reading, MA 01867
To Grantee: Town of Reading Conservation Commission
16 Lowell Street
.Reading, Massachusetts 01867
or such other address as either the Grantor or the Grantee from time to time shall designate by
written notice to the other.
6
XI. GENERAL PROVISIONS
A. Controlling Law
The interpretation and performance of this Conservation Restriction shall be governed by
the laws of the Commonwealth of Massachusetts.
B. Liberal Construction
Notwithstanding any general rule of construction to the contrary, this Conservation
Restriction shall be liberally construed to effectuate the purpose of this Conservation Restriction
and the policies and purposes of the Grantee. If any provision in this instrument is found to be
ambiguous, an interpretation consistent with the purpose of this Conservation Restriction that
would render the provision valid shall be favored over any interpretation that would render it
invalid.
C. Severability
If any provision of this Conservation Restriction or the application thereof to any person
or circumstance is found to be invalid, the remainder of the provisions of this Conservation
Restriction shall not be affected thereby.
D. Entire Agreement
This instrument sets forth the entire agreement between the Grantor and the Grantee with
respect to the Conservation Restriction and supersedes all prior discussions, negotiations,
understandings, or agreements relating to the Conservation Restriction, all of which are merged
herein.
XII. RECORDATION
The Grantor shall record this instrument within thirty (30) days of its execution in the
Middlesex South District Registry of Deeds and/or Registry District of the Land Court.
7
~ r
WITNESS our hands and seals this day of V6//A bc).6
n-'/ e~7 4-:~L zt"~~
Dennis P. Hughes and C 1 A. Hughes v / J
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
On this I t day of 2005, before me, the undersigned notary public, personally
appeared r~ n i S y~ lti[~avt C_a b A 4&1, proved to me through
satisfactory evidence of identification, which were drivers licenses, to be the persons whose
names are signed above or on the preceding or attached document, and acknowledged to me that
he and she signed it voluntarily for the stated purpose as the owners of the land at 72 Van
Norden Road in Reading. Massachusetts.
i ture of Not /aryr.lPublic
Printed Name of Notary Public
My Commission Expires: l.. 4L3 6
\y
ACCEPTANCE OF GRANT BY CONSERVATION COMMISSION
We, the undersigned, being a majority of the Conservation Commission of the Town of
Reading, Middlesex County, Massachusetts, hereby certify that at a meeting duly held on
Ma,[e,~& (o 0 5 the Conservation Commission voted to accept the foregoing
Conservation Restriction pursuant to Massachusetts General Laws, Chapter 40, Section 8C, and
agree to be bound by its terms.
Dated: lee/o$
Dated:5
Dated: 3 P0(0
Dated: ~ [ /G f 's-
Dated: f/1 M
Dated: '
Commissioner
Dated:
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
On this /4 day of 4jrd- , 2005, before me, the undersigned notary public, personally
proved `tdme through stisfactory evidence of identification, which were
i k- o I-z> w,-
to be the persons who e names are signed above or on the preceding or attached document, and
acknowledged to me that he/she signed it voluntarily for the stated purpose as a member of the
Reading Conservation Commission.
c
C-ax~t
Signature of Notary Public
f:::~r-A Y?C- eS ✓ ( Fi n -
Printed Name of Notary Public
D ~l
My Commission Expires: MLA~ U sr
Commissioner
APPROVAL OF GRANT BY BOARD OF SELECTMEN
We, the undersigned, being a majority of the Selectmen of the Town of Reading,
Middlesex County, Massachusetts, hereby certify that at a meeting duly held on
, the Selectmen voted to approve the foregoing Conservation
Restriction pursuant to Massachusetts General Laws, Chapter 40, Section 8C.
Dated:
Selectman
Dated:
Selectman
Dated:
Selectman
Dated:
Selectman
Selectman
Dated:
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. ,
On this day of , 2005, before me, the undersigned notary public, personally
appeared
proved to me through satisfactory evidence of identification, which were
to be the persons whose names are signed above or on the preceding or attached document, and
acknowledged to me that he/she signed it voluntarily for the stated purpose as a member of the
Selectmen of the Town of Reading.
Signature of Notary Public
Printed Name of Notary Public
My Commission Expires:
10
APPROVAL BY SECRETARY OF ENVIRONMENTAL AFFAIRS
. COMMONWEALTH OF MASSACHUSETTS
The undersigned, Secretary of Executive Office of Environmental Affairs of the
Commonwealth of Massachusetts, hereby certifies that the foregoing Conservation Restriction
to the Town of Reading has been approved in the public interest pursuant to Massachusetts
General Laws, Chapter 184, Section 32. Said approval is not to be construed as representing the
existence or non-existence of any pre-existing rights of the public, if any, in and to the Property,
and any such pre-existing rights of the public, if any, are not affected by the granting of this
Conservation Restriction.
Dated:
Secretary of Environmental Affairs
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. ,
On this day of , 2005, before me, the undersigned notary public, personally
appeared
proved to me through satisfactory evidence of identification, which were
to be the person whose name is signed above or on the preceding or attached document, and
acknowledged to me that he/she signed it voluntarily for the stated purpose as Secretary of
Executive Office of Environmental Affairs of the Commonwealth of Massachusetts.
Signature of Notary Public
Printed Name of Notary Public
My Commission Expires:
¢~S
11
EXHIBIT A
GRANT OF CONSERVATION RESTRICTION
TO TOWN OF READING
So much of the property located on Van Norden Road, Reading, Massachusetts as is
shown on Lot 3A on a certain plan entitled "Plan of Land Showing Conservation Restriction
Area in Reading, MA", prepared by Paul J. DeSimone, Registered Land Surveyor # 30466,
dated December 2, 2004, said plan being recorded with Middlesex South Registry of Deeds as
Plan # of (year), recorded on (date) as Instrument
Number.
The "Conservation Restriction Area" on said plan is more particularly described as
follows:
Starting at the southwestern corner of Lot 3A and thence running
N 16°19'50" E a distance of 183.9 feet; thence darning and running
N 28°15'03" W a distance of 43.97 feet; thence turning and running
N 31 °48'45" W a distance of 27.66 feet; thence turning and running
N 75°17'07" W a distance of 27.69 feet; thence turning and running
N 59°10'34" W a distance of 21.07 feet; thence turning and running
S 16°19'50" W a distance of 125.95 feet
To the point of the beginning.
The Conservation Restriction Area contains 14,608 square feet according to said plan.
12
BOARD OF SELECTMEN
APRIL 12, 2005
WATER ISSUES
Water Conservation Program
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Showerheads
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Garden Hose Nozzles
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Rain Gauge
MUNICIPAL BUILDING RETROFITS
MUNICIPAL WATER AUDITS
SCHOOL EDUCATION
WATER SYSTEM LEAK DETECTION
.SYSTEM-WIDE WATER AUDIT
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Reading Veterans Organizations
Reading, Massachusetts 6 G {
Anthony F. Belcamino Thomas Fennelly John Murphy
American Legion Veterans of Foreign Wars Disabled American Veterans
Post #62 Post #685 Thomas F. Hayes Memorial #37
Commander Commander Commander
Reading.Board of Selectmen
C/O Mr. Peter I. Hechenbleikner
Town Manager E-i,.,
Town Hall u,
16 Lowell Street
iE-
Reading, MA 01867
e
co
Dear Members of the Board of Selectmen,
The Memorial Day Committee of the combined Veterans' Organizations of Reading, respectfully reques our
permission to hold the annual Memorial Day Observances in the Town of Reading, Massachusetts. Gs
On Monday, May 30, 2005, the usual parade route will be used. Departing from the American Legion Post #62,
Victory House at 9:00 A.M:, taking Ash Street to Washington Street to Main Street to Lowell Street into Laurel
Hill Cemetery for the services. We will then proceed to the following cemeteries (Forest Glen, Charles Lawn and
Wood End). After the services the parade will return to the American Legion by the same route.
The Reading Veterans' Organizations would deeply appreciate it if a representative of the Reading Town
Government would give an appropriate address at each of the four (4) cemeteries. Please notify us as soon as
possible with the names of the participants so that we can begin the structure of the program.
Services will be held at Reading's four (4) cemeteries as follows:
• 9:15 A.M. at Laurel Hill Cemetery
• 10:15 A.M. at Forest Glen Cemetery
• 11:00 A.M. at Charles Lawn Cemetery
• 11:45 A.M. at Wood End Cemetery
We also want to thank you for all the help the Town has given us in the past.
Please respond by April 30, 2005. Send all correspondence to the Parade Coordinator:
AMERICAN LEGION POST #62
Attn: Anthony F. Belcamino
Victory House, Box 148, Reading, MA 01867-0248
Sincerely,,
Woe,
Anthony F. Belcamino
Commander
American Legion Post #62
781-944-4259
Coordinator 2005 Memorial Day
a
Board of Selectmen Meeting
March 22, 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 Gail Wood, Selectmen Joseph Duffy and George Hines, Town
Manager Peter Hechenbleikner and the following list of interested parties: Pete Dahl, Lucretia
Zerfas, Sandra McLaughlin, Meghan Yung (Tafoya), Paul Feely, Joanne Senders, Karen Powers,
James Bonazoli, Sharon Petersen, Michelle Hopkinson, Rob Spadafora.
Discussion/Action Items
Town Implementation of Elementary School Redistricting - The Town Manager reviewed the
memo dated January 20, 2005 to the Superintendent of Schools regarding what operational
considerations will be made for the elementary school redistricting effective in the Fall 2005. He
stressed that flexibility was the key on these matters - we need to be able to respond to what
actually happens when school starts.
The following is a summary:
Add Crossing Guards at the following approximate locations - Bancroft Avenue at
Lowell Street; Main Street at Franklin Street; Franklin Street at Sunset Rock Lane; and
potentially a location at Franklin Street.
2. Add crosswalks at the following locations - Pearl Street at Franklin Street; potentially
Franklin Street at. Blueberry Lane/Sunset Rock Lane.
3. Change the school zone signs on Franklin Street to a flashing type of sign, hopefully,
with a speedboard attachment.
4. Potential parking regulations:
♦ One side of Melbourne Avenue south of Summer Avenue no parking, standing or
stopping at restricted hours. We also hope this is part of the Summer Avenue road
construction project to extend curbing down Melbourne Avenue.
♦ Franklin Street - No parking, standing or stopping in the area of Sunset Rock Lane.
Sidewalks - Priority sidewalk construction locations as follows, subject to review and
recommendation by the Wood End Working Group: Franklin Street from Main to
Dividence Road; Franklin Street from Sunset Rock Lane to Susan Drive; Pearl Street
from Eastway to Franklin Street.
I have six additional actions which may be required in terms of construction and a regulations as
a result of the Wood End Working Group which has met three times to date.
t
Board of Selectmen Meeting -.March 22 2005 - Page 2
The Town Manager has explained that the Wood End Working Group consisted of parents in the
area of the new Wood End School including a parent on the east side of Main Street. Things that
they have agreed on to date include the no parking, standing or stopping on Franklin Street as
mentioned above; that the access to the school should be to enter on Sunset Rock Lane, use the
cul-de-sac on site, and return via Sunset Rock Lane; and entrance from Roma Lane using on site
cul-de-sac, and returning by Roma Lane; installation of a permanent barricade to prevent thru
traffic of the school site, except for emergency and PublicWorks' vehicles.
The Wood End Working Group has also agreed that the burden of accessing the school should be
shared by all four abutting streets - Roma Lane, Dividence Road, Fox Run Lane and Sunset
Rock Lane.
The Town Manager went on to explain that the capital budget currently includes $50,000 for
curbs,. sidewalks and pedestrian lighting. He is trying to find an additional $50,000. The
estimated cost of the school flashing signs and other signs is less than $5,000. The cost of
installing a curb and sidewalk is $60.00 per linear foot. Therefore, $45,000 in the capital
program ($50,000 less cost of signs) would generate approximate 750 linear feet of curb and
sidewalk. An additional $50,000 would increase that to approximately 1500 linear feet.
The Town Manager was asked whether we anticipated eliminating any Crossing Guard locations
because of the redistricting. The Town Manager noted that we did not anticipate eliminating
any - we will review them in the Fall to see whether kids are in fact using the Crossing Guard
locations.
Selectman Gail Wood asked about the cost of each of the elements in the priority of sidewalks.
The Town Manager indicated that the initial priority determined by staff is as listed. However,
this is subject to modification by discussions with the Working Group. One question raised with
the Working Group was whether children will actually walk to school using Franklin Street.
There was discussion as to whether or not a questionnaire or survey among the parents of the
Wood End School area could be done to determine whether or not they are likely to walk to
school.
The question was raised as to whether or not there is an existing crosswalk at Bancroft and
Lowell, and the determination is that there is a crosswalk there.
Chairman Richard Schubert asked if we should do a survey for other areas other than the Wood
End School. The Town Manager noted that it would not be as high a priority because we are not
talking about capital construction for any of the other schools.
There was discussion about how long it would take to build sidewalks. The Town Manager
noted that only the simplest projects would be done before school starts in the Fall. The more
complex areas like the Sunset Rock Lane to Susan Drive project would take longer because of
the design and hearings.
5-A:20'oe
Board of Selectmen Meeting - March 22, 2005 - Page 3
There was a suggestion that we should try to get a pedestrian easement from Joseph Voight of
Sunset Rock Lane to connect that neighborhood. The Board directed the Town Manager to have
discussions with the property owner.
The Town Manager indicated that we are having a hard time getting Crossing Guards and we
will need to recruit.
There was discussion as to the sidewalk standard. The Town Manager indicated that the
standard is curb/three foot tree lawn/five foot walk. Selectman George Hines asked if we could
reduce costs by eliminating the tree lawn. The Town Manager noted that the tree lawn is there in
part for safety and also for snow storage. However, we will need to be flexible because we
would prefer to use the tree lawn and save trees.
Rob Spadafora from the School Committee noted that we have developed "Safety Zones" around
the existing elementary schools with sidewalks, and we should do the same at Wood End. He
also noted that the sidewalks are used for outside of school activities. The Town Manager noted
that the school site at Wood End does have sidewalks in the neighborhood in which it is built,
unlike the situation previously for some of the other elementary schools.
Peter Dahl noted that the collaboration on this work was commendable, and that we need to be
creative in terms of development easements or other ways to access the Wood End School.
Jim Strack of 141 Eastway spoke. He noted that if you don't build the sidewalks, you don't
know whether they would be used. He advocated for building tree lawns to provide for snow
storage and as a safety zone.
Sandra.McLaughlin of 323 Ash Street spoke. She stated that we talked a lot about sidewalk
safety but what about the safety of students bused. Following discussion, she indicated that she
was concerned about the on bus safety of younger kids traveling with older kids. She wondered
if there would be bus monitors. She was referred to the School Committee.
Chairman Richard Schubert asked what elementary school district the attendees were from.
There were two from Wood End, two from Killam, two from Birch Meadow, none from Barrows
and four from Joshua Eaton.
The Town Manager noted that in the Joshua Eaton area, we were going to be doing construction
work on Summer Avenue including curb and sidewalks on both sides, and "bumping out" the
roadway right in front of the Joshua Eaton School. The general consensus of those from the
Joshua Eaton School District is that this and the proposed restrictions on Melbourne would be
positive.
Michelle Hopkinson of 21 Sherwood Road spoke. She indicated that because of the fifth
elementary school, the school population in each location will be somewhat smaller and that
should create less havoc. She applauded the proposed construction and restrictions, and thought
that we might include Buckingham also. She noted that some parents double park on Summer
Avenue to let their kids off. She suggested that the Crossing Guards have bigger cones.
s
Board of Selectmen Meeting - March 22, 2005 - Page 4
A resident from Covey Hill Road talked about sidewalks on Franklin Street connecting Covey
Hill Road and how long that construction would take. The Town Manager noted that it depends
on the consensus from the Wood End Working Group. She preferred that the children walk
facing traffic because Franklin Street is a busy street. In the morning, they would be walking
facing traffic and that is the rush hour. In the afternoon, they would be walking against traffic.
She indicated that she is more interested in walking home from school - she would probably
drive her kids to school.
There being no further discussion, the Chairman thanked those for attending and indicated how
important this input is.
On motion by Anthony seconded by Hines, the Board voted to adiourn their meeting of
March 22, 2005 at 8_:45 p.m. by a vote of 5-0-0.
Respectfully submitted,
Secretary
PqJ*
Board of Selectmen Meeting
March 29, 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 special gathering began at 7:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street,
Reading, Massachusetts in recognition of Selectmen George Hines and Gail Wood's last meeting
on the Board of Selectmen.
The formal meeting convened at 7:30 p.m. Present were Chairman Richard Schubert, Vice
Chairman Camille Anthony, Secretary Gail Wood, Selectmen Joseph Duffy and George
Hines, Town Manager Peter Hechenbleikner and the following list of interested parties: Mark
Wetzel, Tom Ryan, John Carpenter, Paul Feely, Edward Wright, Charles McDonald Jr., Gordon
Rogerson, Gene Nigro, Phil Rushworth, Domenic LaCava, James Bonazoli, Edward LeBon,
Attorney Andrew Upton, Marcel Dubois, a Reading Advocate reporter.
Chairman Richard Schubert presented plaques to Selectmen George Hines and Gail Wood.
Other mementos were also presented. The Board members commended both outgoing
Selectmen on their commendable records of service as Selectmen and dedicated service to the
community.
Selectman George Hines read the following remarks: I want to thank the Board for this
opportunity on the occasion of my last meeting in a 15 year succession of meetings to thank
some folks who helped and supported me before and during my tenure as a Selectman and for
the opportunity to make a few observations. First and foremost, I have to use this public forum
to thank my family, and especially my wife, who put up with all the time I spent away from
family and homestead obligations, all the rushed or missed meals, all the late nights, the working
Saturdays, and the absence from family and school events. Thank you.
The next priority thank you has to be to the voters of Reading who gave me this opportunity and
kept returning me to the job. Despite the litany of things I thanked my wife for putting up with, I
truly loved this job and want the people who gave it to me to know how much I appreciated the
opportunity.
I also have to thank the Board members I served with over the years for maintaining a standard
of civility and cooperation that should be an example for all the Boards, Commissions and
Committees to follow. I will admit that there were times perhaps when my own demeanor came
close to crossing the line but it was only out of frustration in trying to do the right thing for the
Town.
I
Board of Selectmen Meeting - March 29, 2005 - Page 2
I want to thank my parents for providing me with a great foundation of values that I could bring
to public service, and I want to thank some of our great contemporary leaders like John and
Robert Kennedy and M. L. King for giving me the inspiration to participate in the public arena
and, hopefully, make a positive difference.
I guess the final thanks would be to Peter, his management team, Paula and all the Town
employees present and past for doing a wonderful job in support of the policies and initiatives
the Board established - they truly made us look as if we knew what we were doing most of the
time.
As part of malting this my last forum, I want to say to the voters that during my tenure on'the
Board I had the opportunity to serve with a number of other Selectmen who I think number
around 10 or 12 different individuals. During my 15 years, I can honestly report that I never
detected a single sign of motivation from any of the other Selectmen that they were involved for
any reason other than to do the best possible job and achieve the best possible outcome for the
Town of Reading. I can honestly say that, even though there wasn't a single one of whom I
agreed with on every single issue, and hope you will be reassured by this observation as issues or
events directly effect you despite what has become in this country a steadily increasing
skepticism about the motivations of public officials. None of us should be so naive as to think
this does not occur but this witness can assure you that in Reading, you have consistently put
your municipal leadership in good hands.
In order to effectively perform as Chief Elected Officials, Selectmen can't be single-issue or
single-sector motivated. We are entrusted with providing leadership for the entire community
and we have to do so as a team. As one of five Selectmen, we cannot individually control the
direction of policy. So while some of us may have had leading interests or even constituencies, I
have never seen a Selectman make an issue an overriding motivation that drove them to vote or
behave in a way that was in any way unethical or detrimental to the community. My hope is that
the future will see that spirit of motivation continue as the voters select future citizens to fill
these seats, and as they select fellow citizens to fill other elected positions.
I am pleased that the Town has been able to accomplish so much in 15 years and to have been
able to be a part of so many positive things. The positive and admirable character of this
community is so evident to most observers but never was so evident as it is during such events as
the 350'h Celebration or the Imagination Station project that stand out to me as such great
milestone events. As great as those moments were, I'm sure we can all come up with many more
events great and small that can be offered as evidence of the great character of this community. I
am also confident that if ever we are faced with some of the truly devastating tragedies created
by nature or man that have befallen other places, the spirit and character of our people will come
'together to prevail, and heal. I hope everyone, elected official, appointed volunteer, interested,
participant or concerned spectator will ponder on the spirit and strength I have tallied about and
let that be their guiding principle in their voting, their participation, or even just their daily living
in this great community.
I won't leave this position telling you that there haven't been events or outcomes that I have been
disappointed in, and although the successes and positives I have seen, been an integral part of or
Board of Selectmen Meeting - March 29, 2005 - Page 3
observed far outweigh the negatives, it is always enormously sad to witness the tearing down of
an individual, an institution or a building toward no good end and those occasions can leave
lasting impressions. As we go forward as a community, we should be on guard to prevent such
incidents from occurring.
The opportunities you citizens of Reading have given me to participate in the leadership of our
great Town and to be witness to so many things that have enriched my life, and I hope I have
repaid that generosity by making a positive contribution. It has been so rewarding to witness the
many improvements the community has made but also to see the growth and achievements or
our citizens. I have seen the Town's effort to improve, result in a strengthening Downtown and
the commerce that makes it so vital, an improved Depot area, preservation and respect for our
past, finally fruition of the 30 plus year effort to develop our former landfill as a tax producing
asset, constant addition of sidewalks and the beginnings of a road improvement program,
development and protection of our capital assets including investment in building maintenance
and manpower studies to understand our public safety staffing needs. I have seen young people
including my own sons come up through our great schools and youth programs to achieve so
much intellectually, athletically and artistically and become parents, productive members of the
work force, and even sworn in as Public Safety Officers.
I swell with pride as I think of these things we have achieved, and humbly express my gratitude
once again for being allowed to play whatever small part I may have played in these
achievements.
All of this may sound like I am riding off into the sunset, but I am too committed and have been
too involved to quit cold turkey. I will be remaining in Town Meeting if the voters of my
precinct are willing. I am offering the Board to continue as their representative to the positions
on the Hospital Development Committee and the Ice Arena Board of Directors if that is their
pleasure, and while I am closing this chapter of my involvement, no one should be surprised if I
surface in some other not as involved capacity.
Thank you for your indulgence tonight, God bless you and God bless America!
Selectman Gail Wood expressed her appreciation to the community for their support in allowing
her to serve as Selectman.
Reports and Comments
Selectmen's Liaison Reports and Comments - Vice Chairman Camille Anthony reminded
residents that "Your Community Connection" will be out in their mailboxes this week.
Chairman Richard Schubert reminded residents that the Election takes place next Tuesday on
April 5th, and there are a number of ballot questions on Charter amendments.
Public Comment - There was no public comment.
Town Manager's Report %
The Town Manager gave the following report: k3
Board of Selectmen Meeting - March 29, 2005 - Page 4
♦ For the first time in Reading's history, we have topped $1 million in snow and ice control
costs for a single year. We will get some FEMA reimbursement for some of the costs of the
January blizzard, and also hope to get some State funding.
The Wood End Working Group has had three meetings and is meeting again on April 1st.
The discussions and cooperative attitude are excellent.
♦ Election - April 5 at Addison-Wesley. 7:00 a.m. 'til 8:oo p.m. Plenty of parking.
♦ The proposed Charter amendments will be on the ballot, and there has been a mailing in
advance of the Election.
♦ Town Meeting - April 25, 28, May 2, 5.
s April lst - morning - Fifth Grade Town Meeting at RMHS Auditorium.
♦ Compost Center re-opens April 1 st - full schedule on Town web site and RCTV.
e Rabies clinic April 2nd - cats and dogs - DPW Garage - 2:00 to 4:00 p.m. - $10.
♦ Coolidge Middle School Spelling Bee - April 2°d, 2:00 p.m.
♦ YCC - mailed this week - Thanks to Calereso's and Harrows' for sponsoring.
♦ Smoking enforcement - no violations for second time in a row.
♦ Volunteers needed to participate in the update o f Reading's Open Space and Recreation
Master Plan - Kickoff meeting April 6th at 7:30 p.m. at Town Hall.
♦ Route 128/I93 Task Force is meeting on Wednesday afternoon - 4:30 at Parker Middle
School. There is a lot of email correspondence in your packets tonight on this matter.
o Representative Brad Jones called today and indicated that the T has withdrawn the bid for the
sale of the former Mishawum Station site until the 128/I93 Task Force and consultants can
determine the site's viability for some of the solution to the 128493 issues.
I have asked Town Counsel to hire an outside researcher to determine what heirs there may
be to the donors of Memorial Park so that we can determine whether we need a petition of cy
pres or whether we can get heirs to sign off on the Memorial Park uses.
e We have taken and awarded bids for the reconstruction of Summer Avenue from Woburn to
Main, including drainage, curb and sidewalk. We will keep the community informed once
we have a construction schedule.
♦ The School Committee has approved the lighting of the RMHS "varsity" field, if the fiends
can be raised privately.
Personnel & Appointments
Conservation Commission - Mark Wetzel was interviewed for a position on the Conservation
Commission. He was questioned about his willingness to Chair the Commission (he would be at
some point); whether or not he could make the time commitment (he travels some but can
arrange his schedule around the Conservation Commission); potential conflict of interest
(Dufrane Henry, his employer does very little work in Reading but if there were any issues, he
would recuse himself.
On motion by Anthony seconded by Hines, the Board placed the following name into
nomination for a position on the Conservation Commission for a term expiring June 30,
2007• Mark Wetzel Mr. Wetzel received five votes and was appointed to the Commission.
Town Accountant - Town Accountant Richard Foley appeared before the Board. He has
announced his retirement effective September 30, 2005. The Board thanked him for his years of
service. His appointment, effective April 1, 2005, would continue until his retirement.
Board of Selectmen Meeting.- March 29, 2005 - Page 5
On motion by Wood seconded by Hines, the Board appointed Richard P. Foley as Town
Accountant for a term expiring September 30, 2005 due to his retirement on that date. The
motion was approved by a vote of 5-0=0.
Discussion/Action Items
Hearing Macaroni Grill Liquor License- Selectman Joseph Duffy read the hearing notice.
Present were Eddie LeBon who will be the Manager of the Macaroni Grill, and Andrew Upton
Esq., Attorney for the applicant.
The Town Manager noted that this will be a 252 seat restaurant in Phase II of the Walkers Brook
Crossing development. The Town has a total of 15 restaurant liquor licenses to give out and this
will be number eight.
The applicant is Brinker Massachusetts Corporation. Brinker owns the Chili's and Macaroni
Grill chains. They own the Chili's Grill & Bar in Phase I of Walkers Brook Crossing.
Selectman George Hines asked if this was a problem being so close to another facility that they
owned. It was noted that they offer two different products and they like to locate near each
other.
The Town Manager asked if the applicant was familiar with the Town's Liquor Policy. The
manager has not read it yet but the Attorney indicated that they will fully comply with it.
The projected opening for the facility is July 17tH
Selectman Gail Wood asked if the window glass is clear i.e., would there be visibility into and
out of the restaurant. The glass will be tinted but visibility into and out is available.
Chairman Richard Schubert asked about the note in the plan denoting Kiosk. The Town
Manager noted that was for the overall site plan and not relevant to this particular use.
The Town Manager asked if there was going to be outdoor dining, and it was noted that there
would not.
Chairman Richard Schubert asked about the hours of operation. They will be operating 11:00
a.m. until 10:00 p.m., Sunday to Thursday, and 11:00 a.m. until 11:00 p.m., Friday and Saturday.
Selectman George Hines asked about the Brinker's policy on training on liquor serving. The
applicant noted that Brinker goes above and beyond what is required with regard to training and
with regard to health issues.
Selectman George Hines asked if the organization would participate in the community. The
manager noted that they would work with the Town on a variety of issues. Some donations
would be within the ability of the store to provide, or others might need corporate approval.
Selectman Gail Wood suggested that they might want to become a sponsor for RCTV.
t
Board of Selectmen Meeting -.March 29 2005 - Page 6
There was no public comment.
On motion by Hines seconded by Anthony, the Board of Selectmen voted to close the
hearing on an application for an All Alcoholic Restaurant Liquor License by Brinker
Massachusetts Corporation d/b/a Romano's Macaroni Grill at 48 Walkers Brook Drive by
a vote of 5-0-0.
On motion by Hines seconded by Wood, the Board of Selectmen voted to approve the
application for an All Alcoholic Restaurant Liquor License for Brinker Massachusetts
Corporation d/b/a Romano's Macaroni Grill at 48 Walkers Brook Crossing subject to the
following condition: Applicant shall comply with all bylaws, rules and regulations of the
Town of Reading and of the Commonwealth of Massachusetts. The motion was approved
by a vote of 5-0-0.
Selectman Gail Wood suggested that the Board of Selectmen in the future should consider what,
if any, regulations it wanted to have on outdoor dining.
Hearing- Street Acceptances - Selectman Joseph Duffy read the notice of the hearing.
The Town Manager reviewed the six streets that were scheduled for acceptance. These are on
two Warrant Articles at Town Meeting - four of them are reaffirmations of previous
acceptances, and two are new acceptances.
There were no questions from the public.
On motion by Hines seconded by Wood, the Board of Selectmen voted to close the hearing
on the acceptance of Melendy Drive, Foster Circle, Forest Street (parcel at Anson Lane
only), Lynn Village Way, Parsons Lane and Varney Circle by a vote of 5-0-0.
On motion by Duffy seconded by Wood, the Board of Selectmen approved the following
streets laid out as public ways, and recommends to Town Meeting under Articles 18 and 19
of the 2005 Annual Town Meeting Warrant, the acceptance of Melendy Drive, Foster
Circle, Forest Street (parcel at Anson Lane only), Lynn Village Way, Parsons Lane and
Varney Circle bya vote of 5-0-0.
Follow Up - RCTV - The Town Manager introduced Marcel Dubois, President of the RCTV
Board. He introduced the members of his Board who were present.
The Town Manager noted that the purpose of this meeting was an update for the Board of
Selectmen. In accordance with the agreement signed by the Town Manager, RCTV is on a six
month "probationary period" which expires on May 1St. Much progress has been made in
meeting the requirements of the October 14th agreement. Specifically, the Town Manager noted
that the payment from Comcast on behalf of RCTV has been received by the Town and is being
distributed to RCTV at a rate of 1/12 per month. The $50,000 capital grant from Comcast has
been received by the Town, and the Town will distribute these funds to RCTV once the capital
plan has been developed.
Board of Selectmen Meeting - March 29 2005 - Page 7
The RCTV Board has changed the bylaws relative to size of the Board and having a member
appointed by the Board of Selectmen, and a member appointed by the School Committee.
RCTV has submitted their budget and their financial statement.
Chairman Richard Schubert asked if the assets that were acquired using Comcast funds had been
separately accounted for. Phil Rushworth noted that all funds are accounted for separately. The
Town Manager noted that all assets have been acquired using Comcast fiends.
Chairman Richard Schubert noted that the bylaws have been changed. He wondered what the
process would be if there are any further bylaw changes relative to notification of the Board of
Selectmen. Marcel Dubois noted that there isn't a policy in place in writing at this time but the
RCTV will certainly make available to the Board of Selectmen any changes in policies or
bylaws.
John Carpenter noted that there are some differences between the most recent "straw
document" that was developed by the ad hoc committee and the October .4th agreement. The
Town Manager noted that the Board of Selectmen accepted the straw agreement from the ad hoc
committee, and then further negotiated with the RCTV Board to come up with the October 14th
agreement. The October 14th agreement has been approved by the Board of Selectmen.
John Carpenter noted that he was pleased with the way the RCTV Board has accepted his and
Gail Wood's input. He feels that the atmosphere of the RCTV Board has changed for the better.
Domenic LaCava from the Technology and Telecommunications Advisory Committee felt that it
was great for the community that this process has taken place. He feels that the last element of
the agreement that the RCTV Board has to do is develop goals by which they can be measured.
If this is done by May 1St, then he feels that the agreement can be signed.
John Carpenter talked about the chart that was developed as part of the straw document. The
sense was that such a chart may be helpful to the RCTV Board in doing a performance
evaluation of the Executive Director.
Vice Chairman Camille Anthony felt that we may need to change the language in the October
14th agreement slightly to allow the agreement to be reopened if there is an additional Cable TV
provider in the community since Verizon is now applying for a franchise.
Selectman Gail Wood noted that one additional board member of RCTV is needed, and asked the
community to come forward and volunteer.
Town Manager's Evaluation - Chairman Richard Schubert and Vice Chairman Camille Anthony
went through the Town Manager's Evaluation. The following are the highlights:
In Section 1, General Management/Communication Skills - The Board should have some
discussion about the Monthly Reports and the role they can play in helping to keep the Board of
Selectmen current on plans and activities of staff. The Fire Chief's Weekly Notes might be a
reasonable model for this. P, 4
Board of Selectmen Meeting - March 29, 2005 - Page 8
Section 2, Personnel Management Skills - It was noted that a challenge this year will be
attracting new employees to fill some very key positrons particularly in the Finance area. Also,
the next evaluation will be a goals-based evaluation based on goals agreed to by the Board of
Selectmen. It was noted that the expectations of the Board of Selectmen may change from time
to time, and this can be reflected in the goals.
Section 3, Financial Management Skills - There was discussion about the need for a greater
focus on the Capital Improvements Program, and the possibility of having a Capital
Improvements Advisory Committee. It was also noted that the water line replacement project in
Birch Meadow was a disappointment. The Town Manager accepted responsibility noting that it
was not so much a work load issue as a matter of holding the consultants responsible in a more
timely manner. The Town is trying to get reimbursement from the consultant on the increase
costs due to their failure to perform.
Section 4, Planning Skills - We are all highly rated.
Section 5, Interorganizational Corporation Skills - We are all highly rated.
Section 6, Leadership and Mentorin Skills kills - A lot of progress has been made here.
Section 7, Community Outreach Skills - We need to focus on some of the follow up on long
standing issues.
Section 8, Priority Goals for 2004 - This is the first time the Board of Selectmen has been able to
rate the Town Manager on the goals that they have established. The Town Manager will now
disperse those goals to the Department Heads and ask them to develop their goals. based on the
Goal Statements.
Vice Chairman Camille Anthony asked for an update on how Building Maintenance is going.
There was discussion about the building maintenance, the division's need for the capital plan,
and the Town Manager noted that they have developed a great beginning on the capital plan and
is looking forward to working with them on expanding it to a 10 year plan.
The Town Manager thanked the Board of Selectmen for doing the evaluations, and for the
comments, he noted that he is proud to lead such a very effective management team, and is very
proud of the excellent elected leadership in the community.
Chairman Richard Schubert reviewed a statistical analysis of the evaluations. He noted that the
summary of the Selectmen's ratings yielded a 4.71 average out of a possible 5. The Board gave
202.4 points out of a possible 215 points.
Approval of Minutes
On motion by Anthony seconded by Wood, the Board voted to approve the Minutes of
March 14, 2005, as amended, by a vote of 4-0-1, with Hines abstaining.
,57-t
Board of Selectmen Meeting - March 29, 2005 - Page 9
On motion by Anthony seconded by Hines, the Board voted to approve the Minutes of
March 15, 2005, as amended, by a vote of 5-0-0.
The Board noted the release of the Executive Session Minutes which has been delegated to the
Town Manager.
On ioint motion by Wood and Hines seconded by Anthony and Duffy, the Board of
Selectmen voted to adiourn their meeting of March 29, 2005 at 10:25 p.m. by a vote of
5-0-0.
Respectfully submitted,
Secretary
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20'h MIDDLESEX DISTRICT
BRADLEY H. JONES, JR. READING • NORTH READING
LYNNFIELD - MIDDLETON
STATE REPRESENTATIVE ROOM 124
MINORITY LEADER TEL. (617) 722-2100
Rep.BradleyJones@hou.state.ma.us
March 21, 2005
P-4
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Peter Hechenbleikner, Town Manager
co
TOWN of READING
D.
Town Hall
16 Lowell Street
c
Reading, MA 01867
Dear Mr. Hechenbleikner:
I write to inform yoir'that House Bill 36, An Act Authorizing the Conservation
Commission of the Town of Reading to Grant Certain Easements, was engrossed by the
House of Representatives this morning.
The bill now travels to the Senate for its further consideration. We have been
informed by House Counsel that the bill will require a formal roll call vote in each branch
to be enacted and presented to the Governor for his approval.
I will continue to update you on the status of this bill. Until then, please feel free to
contact me should you have any questions about the legislation or the process it follows.
SinILeader
BrJr.
Mi
cc: O. Bradley Latham, Esq.
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FOOD MA
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30 Haven Street, Reading, MA 01867
Web: www.atianticfoodmart.com
Email: atianticfoodmart@earthlink.net
March 25 h, 2005
Tel: 781-944-0054
Fax: 781-944-4827
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oa
Mn Peter Heckenbleikner, Town Manager
Town of Reading
16 Lowell Street
Reading, MA 01867
Dear Peter:
With the fast approching opening of Haven Junction bringing hundreds of new people
into the lower Haven Street area, I am respectfully requesting you consider the
following changes to the parking time limits in the area.
Presently Haven Street and the surrounding feeder streets have a ONE HOUR parking
time limit For customers wanting to shop more than one store, this time limit is
unrealistic. TWO HOURS would be just about right.
The rear municipal parking lot behind Atlantic and the new Haven Junction is
presently THREE HOURS, which is unnecessary. I am requesting that this also be
brought to TWO HOURS, thereby having continuity between front and rear parking.
Now it is somewhat confusing to customers.
If I can be of further assistance to you in this matter, do not hesitate to calk
Sincerely
Arnold J. Rubin, Preside t
Atlantic Food Mart
Cc: Chris Riley, Reading Town Planner
Reading Board of Selectman
Robert Silva, Reading Chief of Police
Peter Simms, Chairman Downtown Steering Committee
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March 14, 2005
Mitt Romney Kerry Healey Daniel A. Grabauskas
Governor U Governor Secretary
John Cogliano
Commissioner
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Traffic - Reading
Mr. Peter I. Hechenbleikner
Town Manager
16 Lowell Street
Reading, MA 01867-2683
Dear Mr. Hechenbleikner,
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Vt
This is in response to your letter dated March 4, 2005 requesting the approval of Heavy
Commercial Vehicle Exclusion on Linden Street and Bancroft Avenue in the Town of Reading.
Please be advised that this office has reviewed the data you enclosed with your letter. It
appears that the appropriate information has been supplied. Your request for Heavy Commercial
Vehicle Exclusion on the above streets has been forwarded to our Boston Office for their final
review.
If you have any questions regarding this matter, please contact Emil Vezarov at (781) 641-
8318.
Sincerely,
atricia Leavenworth, P.E.
istrict t Highway Director
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cc-file, vy"
M.O.File # 08-2005-0025
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Massachusetts Highway Department - District 4.519 Appleton Street, Arlington, MA 02476 - (781) 641-8300
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THE COMMONWEALTH OF MASSACHUSETTS C . ~'t uv`'
MIDDLESEX DISTRICT ATTORNEY SGT..
m 40 THORNDIKE STREET CAMBRIDGE, MA 02141
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Tel: 617-679-6500
Fax: 617-225-0871
DISTRICT MARTHA AT ATTORNEY ORNEY
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March 25, 2005
Peter Hechenbleikner, Town Manager
Reading Town Hall
ns
16 Lowell Street
Reading, MA 01867 1-0
Re: Notice of community opportunity, Communities That Care
Dear Mr. Hechenbleikner,
This past year, the Middlesex District Attorney's Office and Middlesex Partnerships for
Youth, Inc. have continued our work in substance abuse prevention and education. We
have focused in particular on the development of community-based coalitions as an
effective prevention tool. Research indicates that the multi-disciplinary participation
within a community is the most effective method for addressing both juvenile justice and
public health issues.
I am writing to introduce to you a science-based framework developed by Channing Bete
Company called Communities That Care. Charming Bete has developed a strategic
planning framework through which your community can assess youth risk behaviors and
create your own program, using existing resources and tailored to the unique challenges
your community faces.
Participants in Communities That Care receive technical assistance, training, and a
framework for developing a community coalition to create a strategic plan. The
Communities That Care system is broad-based not only in development, employing a
wide range of research fields, but also in scope, examining the community as a whole.
Channing Bete and The Perdue Pharma Foundation will offer this opportunity to at least
one additional Massachusetts community and they have asked me to share this
information with you.
Materials describing Communities That Care, as well as an application for The Perdue
Pharma Foundation grant, are enclosed. The deadline for grant applications is May 1,
2005. Two other communities within the Commonwealth, Lynn and Holyoke, are
8J,
* Printed on recycled paper.
already Communities That Care participants. If you would like to reach out to these
communities, my office can provide you with contact information for each.
I encourage you to take advantage of this unique opportunity to create positive
development and to prevent problem behaviors in the youth of your community. Please
take a moment to review the accompanying materials and learn more about Communities
That Care.
Communities That Care is offered by Channing Bete for a fee of $45,000. However, in
partnership with The Perdue Pharma Foundation, Channing Bete is able to offer grant
funding to a number of communities. Those communities who participate in
Communities That Care through this offer by The Perdue Pharma Foundation are given a
reduced starting fee of $39,000. I believe this program can be extremely valuable to your
community, and to help further defray costs the Middlesex District Attorney's Office
would contribute an additional need-based grant of up to $4,000 to a community selected.
Each community will be left with up to $14,000 to cover this expansive program. In all,
nearly 75 percent of the total cost will be underwritten.
If you have questions or would like additional information, feel free to contact Assistant
District Attorney Nora Mann, Director of Training and Community Education, at (617)
679-6641.
Cordially,
VA
Martha Coakley
Middlesex District Attorney
CC: Superintendent of Schools; Police Chief
8~y-
Communities That Care°
Pairrtnarrs in PDnqa~van,~O' (Do
The Communities That Care' system provides
strategic consultation, technical assistance,
training, and research-based tools to help your
community work together to promote the positive
development of children and youth and to prevent
adolescent problem behaviors.
Based on successful public health models of
community action, the Communities That Care®
system guides communities through the five most
critical and challenging steps in this process, from
community mobilization through outcomes
evaluation.
n
Awareness
Education
Outcomes
Evaluation AMNEW.
Community
Mobilization
Program
Implementation
vention Plan T
"Needs
Assessment j
rDevelopment
he Communities That Care® system is:
® Inclusive ® Proactive
® Grounded in rigorous research from
a variety of fields
* Customized to your community
Channing Bete Company your partner
in positive youth development
When you invest in the Communities That Care®
system, you join forces with a full-service partner
ready to meet all your prevention planning needs.
From initial setup to the final achievement of your
goals, you have access to a full array of products,
programs, and services that can be integrated at
each stage of your plan.
r) Awareness & Education
Booklets, handbooks, workbooks. group
presentations, and more
r Community. Mobilization
The Communities That Care`s system
Needs Assessment' ~
The Communities That Caree Youth Survey
Prevention Plan Develapmentr n
The Communities That Care° system
Program lmplementataan
Research-based programs on critical youth
development issues
Outcomes Evaluation
The Communities That Care' system
The total cost of this program offer is $39,000. Nearly 75% will be covered:
$25,000 The Perdue Pharma Foundation
up to $4,000 Middlesex District Attorney's Office
Applications are due by May 1, 2005. For more information, please contact:
David B. Henshaw
Director of National Sales
Communities That Care
One Community Place
South Deerfield, MA 01373-0200
(888) 834-6634
dhenshaw@channing-bete.com
Nora Mann, Assistant District Attorney
Director, Training and Community Education
Middlesex District Attorney's Office
40 Thorndike Street
Cambridge, MA 02141
(617) 679-6641
nora.mann @ state.ma.us
PURDUE COMMUNITY PARTNERSHIPS
TOGETHER FOR GOOD."
Scientific Advisory Board November 2004
Warren Bickel, Ph.D
Professor &Interim-Chair of Psychiatry Dear `Communities That Care Applicant:
University of Vermont
Caryn C. Blitz, Ph.D On behalf of Purdue Pharma, I am pleased to announce the availability of
Deputy Director, Evaluation & Research funding to support Communities That Caree in selected communities during
Community Anti-Drug Coalitions of
America 2005. Individual awards in the amount of $25,000.00 will be provided to
selected community applicants. Successful applicants will be required to
Lewis E. Gallant, Ph.D supplement Purdue Pharma funding with a $14,000.00 local commitment.
Executive Director
national Association of State Alcohol Thus, your community coalition will have the opportunity to ' ement CTC
and Drug Abuse Directors
with a modest local investment.
Mark Greenberg, Ph.D. - "
Director, Prevention Research Center As the first and only major corporate spo CTC " ntry, urdue
Pennsylvania State University
Pharma is committed to joining fo ith to leade selected
communities to address pro eha ' h - in < < escn tion
J. David Hawkins, Ph.D.
Professor of Prevention and Director drug abuse. During ,the c ai r with ions to b ng
University of Washington
CTC to ten co pities ' ev t: t ven co s ha e
been s d in an n ct CT
Jack E. Henningfeld, Ph.D.
Vice President, Research & Health Policy
PhineyAssoctates f you it, ee h a will alcing additional
Sheppard G. Kellam, M.D. SO a i abl o c F r tion effo chiding a
Senior Research Fellow $ 000, t . t0 = nity fo On the issue. of
American Institutes for Research
pre cripti in deve g a local communications
Ginna Marston plan and ues or one o CADCA - Community Anti-Drug
EVP, Director of Program Development Co i Ons rica.
Partnership for a Drug-Free America
Sidney H. Schnoll, M.D., Ph.D. Please view ached application. As this will be a competitive review
Executive Medical Director, Health Policy and sele process, please ensure that all materials and supporting
Purdue Pl,arma L.P. documents are included with your application. Each section of the application
Robert M. Weiler, Ph.D., M.P.H. must be completed and received no later than.January 14, 2005 for your
Department of Health Science Education coalition to be considered for funding.
University of Florida
Clay Yeager I want to thank you in advance for your consideration of this opportunity to
Director ofCommunity Pdrtnerships begin this important process that will lead to the healthy development of
Purdue Pharma L.P.
j children in your community.
Purdue Pharma L.P. Sincerely,
One Stamford Forum
Stamford, CT 06901
Office: 203.588.8443 A
Fax: 203.588.6223
James Heins
CommunityPattnerships@pharmn.com
Director of Public Affairs
PURDDIE COMMUNITY PARTNERSHIPS
N%,~~ TOGETHEH t-UH UUUU.' -
Application
Communities That Care Sponsorship
Date of Application:
Name of Applicant Organization:
Key Contact:
Title:
Mailing Address:
City, State, Zip:
Phone: ( )
Cell: O
Fax: ( )
Email Address: @
The Applicant Organization is: [Please check the appropriate box]
❑ Government Agency
❑ 501 c(3) private, non-profit
❑ Other, please describe:.
If funded by Purdue Pharma, the Applicant hereby agrees to each of the following:
❑ Utilize the approved funding in the amount of $25,000.00, with the balance of $14,000.00 required
for the specific purpose of entering into a formal agreement with the Charming Bete Company,
South Deerfield, Massachusetts for the sole and exclusive purpose of implementing the
Communities That Care® prevention planning system including the Communities That Care®
Youth Survey
❑ Collaborate with Purdue Pharma and the Channing Bete Company in local coalition activities and
scheduled events.
❑ Collaborate with Purdue Pharma and the CADCA, the Community Anti-Drug Coalitions of
America in the presentation of a `Prescription Drug Abuse Forum' in the community.
❑ Within 30 days of notice of award, the applicant coalition will contract the Channing Bete
Company for implementation of Communities That Care
Agreed,
[Print name and title of Applicant Coalition Official]
Signature: Dater
TOGETHER FOR GOOD."
A. Statement of the Problem:
Please describe the nature and extent, if known, of problem behaviors by young people in
your community, including prevalence of prescription drug abuse. In addition, supporting
documentation will be required, including prior community survey information, media
reports, or letter from key local officials including but not limited to those from school
officials, law enforcement, healthcare providers, juvenile justice, government officials and
others describing the extent of these problems.
B. Prior Community Prevention Activities of Applicant Coalition:
Please describe prior action of the applicant coalition to address problem behaviors impacting
youth. In addition, include any prior actions by the applicant coalition of community group to
address prescription drug abuse. If available, please attach any media coverage or written
testimonials regarding the work of the applicant coalition.
C. Description and Members of Applicant Coalition:
Please describe the history of the applicant coalition, including the date of its formation,
names and titles of at least five [5] local key leaders, along with a brief summary of each
member's role in the history of the coalition. Also, it is required to include letters in support
from community leaders as attachments to this application for funding to implement
Communities That Care e. If applicable, please briefly describe any prior collaboration with
Purdue Pharma in addressing prescription drug abuse in the community.
D. Additional Supporting Documentation for Consideration for Funding:
A copy of the Coalition Mission Statement is attached. In the absence of a formal Mission
Statement, proof of ongoing coalition meetings will be attached in the form of prior meeting
minutes.
Please submit to:
Gail Knapp
Purdue Pharma L.P.,
201 Tresser Blvd.
Stamford, CT 06901
Office: 203.588.7837 Fax: 203.588.6223 Email: Gail.Knapp@pharma.com
C:oinnninif Parrnerships CW AI)pdcadon. Page 2
0
BRADLEY H. JONES, JR.
STATE REPRESENTATIVE
MINORITY LEADER
gzre
e~ ae a~i~~ue~er~taz~see
Peter Hechenbleikner, Town Manager
Town Hall
16 Lowell Street
Reading, MA 01867
Dear Mr. Hechenbleikner and Chief Cormier:
G ~c6o
Q C\.V1
S,\u(-~
20'n MIDDLESEX DISTRICT
READING • NORTH READING
LYNNFIELD • MIDDLETON
ROOM 124
TEL. (617) 722-2100
Rep. BradleyJones@hou.state.ma.us
March 28, 2005
~3 .
James Cormier, Chief
Reading Police Department
15 Union Street
Reading, MA 01867
ha
Uj
~o
I write to inform you that Governor Romney has signed into law legislation changing
the date by which candidates for the civil service police officer examination must reach
the minimum age of 21. Previously, applicants were required to be 21 years of age as of
the application date for the examination (MGL c. 31 sec. 58, as amended by secs. 2 and 3
of c. 467 of the Acts of 2004). After the statutory change, applicants now must be 21
years of age on or before the examination date itself.
In order to apply for the April 30 examination, candidates should go to the Human
Resources Division (HRD) website, http://www.mass.gov/hrd/csintro.htm and click on
the "On-Line Application" button. The application fee is $85.
I am enclosing a copy of the legislation (which has been designated Chapter 12 of the
Acts of 2005) and a revised examination announcement for your reference. As always,
please feel free to contact me should you have any questions.
Sincerely
H. Jones, Jr.
Leader
gv, I %
H 1722
Chapter
T H E C O M M O N W E A L T H O F M A S S A C H U S E T T S
in the Year Two Thousand and Five
I AN ACT RELATIVE TO THE MINIMUM AGE FOR APPOINTMENT AS A POLICE OFFICER.
. Whereas, The deferred operation of this act would tend to defeat its pur-
pose, which is to allow certain persons to take the civil service examination
for police officer, therefore it is hereby declared to be an emergency law,
necessary for the itmnediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follows:
Notwithstanding section 58 of chapter 31 of the General Laws or any other
general or special law to the contrary, any otherwise eligible person shall be
eligible to take the April 2005 examination for original appointment to the
position of police officer in any city or town if he will not have reached his
twenty-first birthday on or before the final date for the filing of applica-
tions for such examination but shall have reached his twenty-first birthday on
or before the date of the examination.
House of Representatives, March 2005.
Preamble adopted, Speaker.
In Senate, March , 2005.
Preamble adopted, t 4'. President.
House of Representatives, March 2005.
Bill passed to be enacted, Speaker.
In Senate, March 2005.
passed to be enacted, U~~ President.
~d~1
S¢~
MASSACHUSETTS HUMAN RESOURCES DIVISION
A.MENVIVIENT - MINIMUM AGE REQUIREMENT IS 21 BY APRIL 30, 2005
. LAST DATE TO APPLY IS APRIL 4, 2005
OPEN COMPETITIVE EXAMINATION ANNOUNCEMENT NUMBER: 9866
POLICE OFFICER
MUNICIPAL SERVICE, BOSTON MUNICIPAL POLICE, AND MASSACHUSETTS BAY
TRANSPORTATION AUTHORITY (META)
Examination Date: April 30, 2005
Women, minorities, veterans, and people with disabilities are encouraged to apply.
Apply on-line with Visa or Mastercard at mass.gov/hrd/csintro.htm
This examination is held to establish an eligibility list from which to fill vacancies in this classification for 169 Massachusetts
municipalities, the Boston Municipal Police Department, and the Massachusetts Bay Transportation Authority (MBTA).
DUTIES: A Police Officer works under supervision to perform law enforcement duties, protecting life, property, and the civil rights of
individuals. Primary duties include patrol; interacting with citizens to provide service and render assistance; and preparing and
completing records, reports, and other paperwork documenting incidents for use in prosecution. A Police Officer is dispatched to
crime and emergency scenes in response to reported violations, accidents, domestic disputes and abuses, and other incidents;
carries out crime scene duties; makes arrests and performs search and seizure; conducts investigations; and interviews witnesses,
suspects, and complainants.
SALARY: Each jurisdiction sets its own salary for Police Officer. Inquiries concerning salary should be directed to the appointing
.authority at the time of the employment interview.
ENTRANCE REQUIREMENTS
1. Education/Experience Requirement: As of the date of appointment, applicants must have either:
a high school diploma or equivalency certificate approved by the Massachusetts Department of Education OR
• three years experience in the armed forces of the United States with last release or discharge under honorable conditions:
2. Age Requirement: As of the printing of this notice, applicants must be at least 21 years of age as of April 3D, 2005 for all civil
service jurisdictions. (Please be advised that the list of communities is subject to change and inquiries about status changes
should be directed to the communities in question.)
• Candidates must also be younger than age 32 as of April 4, 2005, to be appointed as a Police Officer in the following 49 civil
service municipalities: Acton, Acushnet, Adams, Arlington, Ashland, Bedford, Billerica, Burlington, Chelmsford, Dalton,
Dartmouth, Dracut, Easthampton, Easton, Great Barrington, Haverhill, Hingham, Hudson, Ipswich, Leominster, Lynnfield,
Malden, Manchester, Mansfield, Marblehead, Methuen, Milford, Newton; Northampton, North Andover, North Attleboro,
Norton, Norwood, Orange, Raynham, Rockport, Southbridge, South Hadley, Stoneham, Sudbury, Ware, Watertown,
Wayland, Wellesley, Westfield, Westford, West Springfield, Williamstown, and Wilmington. Please be advised that these
communities have not accepted the provisions of Chapter 32, Section 5A, of the Massachusetts General Law (MGL)
pertaining to medical and physical fitness standards.
• Candidates must be younger than age 32 as of April 30, 2005, (Chapter 31, section 58A of the MGL) to be appointed as
Police Officers in the following 15 civil service municipalities: Belmont, Boston, Bourne, Canton, Falmouth, Fitchburg,
Holbrook, Natick, Shrewsbury, Swampscott, Taunton, Wareham, Westwood, Winchester, Worcester and Wrentham.
Candidates seeking appointments in these communities are also subject to the provisions of Chapter 32, Section 5A of the
MGL pertaining to medical and physical fitness standards.
1. Candidates who are over age 32 and who meet certain medical and physical fitness standards are eligible for appointments
as a Police Officer in the MBTA and in the following 105 civil service communities: Abington, Agawam, Amesbury, Andover,
Athol, Attleboro, Auburn, Avon, Barnstable, Bellingham, Beverly, Braintree, Bridgewater, Brockton, Brookline, Cambridge,
Carver, Charlton, Chelsea; Chicopee, Clinton, Cohasset, Danvers, Dedham, Duxbury, East Bridgewater, East Longmeadow,
Everett, Fairhaven, Fall River; Foxboro, Framingham, Franklin, Gardner, Gloucester, Grafton, Greenfield, Halifax, Hanover,
Holden, Holyoke, Hull, Kingston, Lancaster, Lawrence, Lee, Leicester, Lexington, Lowell, Ludlow, Lynn, Marlborough,
Marshfield, Maynard, Medfield, Medford, Medway, Melrose, Middleboro, Millbury, Millis, Milton, Montague, Needham,
Newburyport, New Bedford, North Adams, Northbridge, North Reading, Norwell, Oxford, Palmer, Peabody, Pembroke,
Pittsfield, Plainville', Plymouth, Provincetown, Quincy, Randolph, Reading, Revere, Rockland, Salem, Salisbury; Sandwich,
Saugus, Scituate, Sharon, Somerville, Springfield, Stoughton, Tewksbury, Uxbridge, Wakefield, Walpole, Waltham, Webster,
West Bridgewater, Weymouth, Whitman, Winchend on, Winthrop and Woburn. In these communities, as current law requires,
candidates will have to meet medical and physical fitness standards for appointment to Police Officer positions, and once
hired, will be tested regularly during their employment to be sure that they meet certain medical and physical fitness
standards.
Page 1 of 4
POLICE OFFICER Examination Date: April 30, 2005 ANNOUNCEMENT # 9866
Entrance Requirements continued:
All applicants who pass the civil service written test and receive a conditional offer of employment from a police department are also
subject to meeting the following criteria:
3. Medical and Physical Fitness Standards: Candidates must pass the medical examination before participating in the Physical
Abilities Test. The medical standards are available for review at http://www.mass.gov/hrd/employment/physicalabilitytest.htni. In
some municipalities, candidates may be required to pass both a medical examination and a psychological evaluation before
appointment. Please be advised that the list of communities is subject to change and inquiries about status changes should be
directed to the communities in question.
4. Physical Abilities Test (PAT): All candidates who receive a conditional offer of employment will be instructed on how to
schedule and take the PAT. The PAT is a test of the candidate's aerobic capacity and physical. capability to perform various
tasks required on the job. A separate fee (currently $150) is charged for the administration of the PAT. The PAT Training Guide
is available on-line at mass aov/hrd/employment/em pat/police pat prep guide doc.
5. Academy Training: All candidates appointed -as full-time police officers as a result of this examination will be required to
successfully complete police academy training (MGL, Chapter 41, Section 9613). All inquiries regarding this training should be
submitted in writing to the Municipal Police Training Committee, 484 Shea Memorial Drive, South Weymouth,`MA 02190.
6. Smoking Prohibition: In accordance with MGL, Chapter 41, Section 101A, candidates hired from the Police Officer eligible list
resulting.from this examination are prohiblted-from smoking tobacco.products at the timeof,and.after appointment.
7. Character: No person who has been convicted of a felony shall be appointed as a police officer. A candidate may be
disqualified for evidence of character clearly unsuited for police services. Some municipalities include a comprehensive
background check as part of the selection process.
8. Firearms Permit: A candidate may need to obtain a valid firearms permit to qualify to be a police officer in Massachusetts.
9. Driver's License: A candidate may need a valid Massachusetts motor vehicle operator's license before appointment by some
police departments.
Information about other qualifications should be directed to the city or town, the Boston Municipal Police'or META.
CIVIL SERVICE WRITTEN EXAMINATION
Applicants must take and pass a written examination in order to be placed on the eligible list for appointment as a Police Officer. The
written test covers nine areas pertaining to the duties of a Police Officer:
Deductive Reasoning Ability to apply general rules or regulations to specific cases or to proceed from stated principles to
logical conclusions;
Inductive Reasoning Ability to find a rule or concept which fits a particular situation; .
Information Ordering Ability to apply rules to a situation for the purpose of putting the information in the best or most
appropriate order;
Problem Sensitivity Ability to recognize or identify the existence of a problem;
Memorization Ability to reproduce or recall information, events, symbols, etc.;
Spatial Orientation Ability to keep a clear idea of where you are in relation to the space in which you are located;
Verbal Comprehension Ability to understand spoken and written language;
Verbal Expression Ability to use spoken'or Written language to communicate information and ideas to others; and
Visualization Ability to form a mental image of what an object will look like after it has been changed in someway.
The Entry Level Police Officer Orientation and Preparation•Guide, which describes the written examination in more detail, is available
on-line at mass.gov/hrd/employment/em civil service/civil service publications.htm.
Private School or Service: The Human Resources Division does not recommend or endorse any private school or service offering
preparation for examinations and is not responsible for their advertising claims.
Credit for Employment/Experience as a Police Officer: Pursuant to the provisions of Section 22 of Chapter 31, individuals may
apply for credit for employment or experience in the position title of Police Officer. Information on how to apply for this credit will. be
available on-line at mass.gov/hrd/employment/em civil service/em civil service forms/exam forms.htm by March 18, 2005. On the
day of the examination, you will be asked to provide the details of any such employment or experience you have as a police officer as
the. result of service on a city or town police force, or service on a state-run transit police force, including location, dates of service, and
number of hours worked per week, and to submit documentation supporting these claims
Spanish-Speaking Applicants: :You may take the examination in the Spanish language. If you do, you will also have to pass another
written examination given on the same day that tests your ability to read and understand English. If you wish to take the examination in
Spanish, you must send a separate letter requesting this when you submit your application and examination fee or fee waiver form
Page 2 of 4 J°'
POLICE OFFICER Examination Date: April 30, 2005 . ANNOUNCEMENT # 9866
IMPORTANT INFORMATION FOR VETERANS
CURRENT MILITARY PERSONNEL: ALL military personnel who, in connection with current service, CANNOT be in Massachusetts on
April 30, 2005 should contact the Human Resources Division to request a make up examination. To request a make up, you must file an
application and processing fee by the last filing date and request such accommodation in writing, with a copy of your military orders
attached. Please include in your letter either your daytime base phone number and/or name and phone number of a Massachusetts
resident with whom you are in regular contact.
DEFINITION OF MASSACHUSETTS VETERAN M.G.L. c. 4, sec. 7, cl. 43`d as amended by the Acts of 2004 Effective August 30,
2004: To be a "veteran" under Massachusetts law, a person is required to have either 180 days of regular active duty service and a last
discharge or release under honorable conditions OR 90 days of active duty service, one (1) day of which is during "wartime" and a last.
discharge or release under honorable conditions. A chart defining "wartime" service is available on-line at
mass.gov/hrd/emoloyment/em civil service/civil service. legal guides.htm#vet.
VETERANS' PREFERENCE: If you are claiming veterans' preference and if your eligibility for veterans' preference has not been
approved before by HRD, you must submit a copy of your DD Form 214 (Release From Active Duty) in order to receive proper credit.
Your notice to appear for the examination will indicate whether or not you are already classified as a veteran. Qualifying service must
have been in the Army, Navy, Marine Corps, Coast Guard, or Air Force of the United States. Please note that active duty exclusively for'
training in the National Guard or Reserves does NOT qualify you for veterans' preference. Guard Members must have 180 days and
have been activated under Title 10 of.the U.S. Code -°OR- if activated under Title-10 or Title 32 of the U.S: Code or Massachusetts
General Laws, chapter 33, sections 38, 40, and 41, must have 90 days, at least one of which was during, wartime, per the chart below.
The Members' last discharge or release must be under honorable conditions.
Those who otherwise qualify for,veterans' preference, but are still in military service may, as of July 1, 1998, claim such credit by
supplying proof, on official letterhead with appropriate signature, of their military service to date, including the dates of active duty,
current assignment, and estimated time of separation. The individual must provide official documentation of honorable discharge at the
time of appointment. [See 1998 Amendment to MGL, Chapter 31, Section 3, Clause (f)].
Minimum Service Exception (for Death or Disability): It is not necessary for an applicant to complete the minimum service for
wartime or peacetime campaign if he/she served some time in the campaign and was awarded the Purple Heart, or suffered a service-
connected disability.
Training Duty Exemption: Active service in the armed forces as used in this clause shall not include active duty for training in the
Army or Air National Guard or active duty for training as a Reservist in the Armed Forces of the United States.
Disabled Veteran Status: Claims for status as a disabled veteran require written confirmation from the US Veterans Administration of
a continuing service-connected disability rated 10% or higher. Applicants wishing.to claim status as disabled veterans will get the
opportunity to claim such at the test site with instructions to follow.
OTHER CLAIMS FOR PREFERENCE
Preference for the Children of Certain Police Officers/Fire Fighters: The son or daughter of a Police Officer or Fire Fighter
employed in Massachusetts who was killed or died from injuries received in the performance of duty, or who was permanently disabled
as a result of injuries received in the performance of duty, is entitled to certification/list preference urfder the provisions of Chapter 402
of the Acts of 1985.
Residency Preference: If residency preference is requested by a municipality, applicants who have resided in that municipality for the
entire twelve-month period immediately. preceding the date of the examination are entitled.to be placed Oh the eligiblellst for that
community ahead of any non-residents. Applicants who have had a break in residence or have moved from one community to another
within the twelve-month period preceding the date of the examination will not be entitled to claim residency preference in any
community. Applicants will complete a residency preference form at the test site. Location lists and residency preference worksheets will
be available on-line at mass.gov/hrd/employLnent/em civil service/em civil service forms/exam forms.htm by March 18, 2005.
Verification of residency will. be made by the municipality.
Racial/Ethnic Preference: Due to a federal consent decree, African-American (Black) and Hispanic applicants are given certification
preference in a number of communities, whether or not they are residents of those. communities. As of the printing of this notice, the
following communities are included in this consent decree: Boston, Brockton, Chelsea, Holyoke, Lancaster, Lawrence, Lowell, New
Bedford, Randolph, Springfield, Winthrop, and Worcester. This list of communities is subject to change. The definition of Hispanic, for
the purposes of the decree, includes any person born in a Spanish-speaking country or any person who grew up in a household in
which the predominant language spoken was Spanish.
Selective Certification for Bilingual Police Officers: If a position in a municipality requires that a police officer be fluent in a second
language (e.g., Spanish, Vietnamese, Laotian, Khmer, Haitian Creole, or Chinese), the local appointing authority may request that
competition for that position be limited to persons who have such language fluency. Applicants will have the opportunity at the test si
to indicate fluency in languages other than English. Applicants will need to prove language fluency at the time of hire.
Page 3 of 4
POLICE OFFICER Examination-Date: April 30, 2005 ANNOUNCEMENT # 9866
CLAIMS FOR PREFERENCE (CONTINUED)
Selective Certification for Emergency Medical Technicians: If a position in a municipality requires that a police officer be certified
as an Emergency Medical Technician at the Basic;-intermediate, or Paramedic level, the local appointing authority may request that
competition for that position be limited to persons who have such certifications. On the date of the examination, applicants will have the
opportunity to register as a certified emergency medical technician. Applicants will need to supply proof of possession of a current
certification as a Massachusetts Emergency Medical Technician (issued by the Massachusetts Department of Public Health, Office of
Emergency Medical.Services) in order to qualify for this selective certification. While proof of certification may be submitted at any time
during the, life of the eligible list, applicants are encouraged to submit it at the time of the examination so that they do not miss out on a
potential job opportunity.
HOW TO APPLY
You may apply for this examination, using a Visa or Mastercard, on-line at the Human Resources Division website:
hftps://www.csexam.hrd.state.ina,us/hrd/. A confirmation number for each successful transaction will be issued to the applicant.
You may also obtain a paper application form, and file it along with the examination-processing fee (or fee waiver form) in person or by
mail at HRD (see address below). Applications and fee waiver forms may also be available at city and town clerks' offices and civil
service police stations across the state. If you mail your application,.send all correspondence by certified mail with "return receipt
requested," if possible.
EXAMINATION FEE: All applications must be accompanied by a money order, bank check, credit card payment, or by a completed fee
waiver form. The examination-processing fee is $60 for applications received by midnight MARCH 7, 2005. The~fee for applications
received after that date is $85. Applications will not be accepted after April 4, 2005. Payment by money order or bank check
should be made payable to the Commonwealth of Massachusetts. Please print your name, address, social security number, and the
-examination announcement number on the front of the money order or bank check. Payments by Master Card and VISA are also
accepted when. applying via the web site or in person. NO CASH OR PERSONAL CHECKS.
FEE WAIVER: The examination. fee may be waived for applicants receiving certain state or federal public assistance, unemployment
insurance, or workers' compensation. Fee waiver forms are available from and must be filed with'the Massachusetts Human Resources
Division, Test Administration, One Ashburton Place, Boston, MA 02108. Fee waiver forms may be downloaded from the HRD website at .
mass.gov/hrd/dmc)lovmentlem civil service/em civil service forms/em cs feewaiverform.doc. Waiver forms must be accompanied by
proof of eligibility, for the.subject time period, in the form of signed and dated receipts, check stubs and/or other documentation from the,
agency providing assistance. Ifyou are claiming a fee waiver, please make sure to fill in item #16 on your application.
REFUNDS: There will be NO REFUNDS of the examination-processing fee unless the examination is cancelled by HRD.
MAKE-UP TEST: No applicant has a right to a makeup examination due to personal or professional conflicts on the testing date.
Applicants are advised to check their calendar.BEFORE applying for the examination.
TESTING ACCOMMODATIONS FOR PEOPLE WITH DISABILITIES: If you need special testing accommodations due to a
documented impairment.such as a hearing, learning, physical, mental or visual disability, fill in the circle in item 15 of your application,
and include a letter detailing what kind of accommodation you require at the exam site. Without such a letter, we cannot guarantee that
we will be able to grant your accommodation. This information is asked only to provide reasonable accommodation for exams, and will
not be used for any other purposes.
NOTICE TO APPEAR: A copy of your notice of specific reporting time and test site is posted on the HRD Standings and On-line
Applicant Record Information System approximately four weeks prior to the examination date. Test results will be sent to all persons
taking the examination.
PRIVATE SCHOOL OR SERVICE: The Human Resources Division does not recommend or endorse any private school or service
offering preparation for examinations and is not responsible for their advertising claims.
FOR MORE INFORMATION
Information about this examination. can be obtained on the Internet at mass.gov/hrd/csintro.htm or by contacting the Human Resources
Division, One Ashburton Place, Room 301, Boston, Monday through Friday, 8:45 a.m. -•5:00 p.m., except holidays, during these hours
at the following numbers:
In the Boston area: (617) 878-9895. Outside the Boston area, within MA: (toll free) 1-800-392-6178
TDD Number: (617) 878-9762 FAX Number: (617) 727-0399
Recorded information regarding this examination and other upcoming open competitive examinations is available at any time by calling:.
(617) 878-9895.
Page 4 of 4
S
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department of
Conservation and Recreation
March 31, 2005
Peter Hechenbleilcner
Town Manager
16 Lowell St.
Reading, MA 01867
Dear Manager Hechenbleikner:
On behalf of Governor Mitt Romney and Secretary of Environmental Affairs, Ellen Roy
Herzfelder, I am pleased to inform you that your Tree City USA application for 2004 has
been approved and forwarded to the National Arbor Day Foundation.
You are cordially invited to attend our annual Tree City USA forum and award
ceremony. It will be held in Boston at the State House Hall of Flags on April 21,
2005. Enclosed, please find your invitation and additional information for this event.
Our records indicate that this will be Reading's 20th year as a Tree City USA. We are
honored by your participation in this important program and by your commitment to
community trees and forests.
For this year's forum, we are inviting up to three representatives to attend from each Tree
City USA community. Please RSVP by April 15th with the names of attendees. To
RSVP, please contact Eric Seaborn at (617) 626-1448 or eric.seaborn@state.ma.us.
Sincerely,
Stephen R. Pritchard
Acting Commissioner
Cc: Community forestry contact
State Legislators
COMMONWEALTH OF MASSACHUSETTS • EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
d r~ ~merye
251 Causeway Street
Boston, Massachusetts 02114
(617) 626-1250
(617) 626-1351 FAX
iviviv.niass.gov/der
MITT ROMNEY
Governor
KERRY HEALEY
Lt. Governor
ELLEN ROY HERZFELDER
Secretary
STEPHEN R.PRITCHARD
Acting Commissioner
IV
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got
Please join us, along with your community
leaders for the 2005 Tree City /Tree Line USA
Forum and Awards Ceremony.
Thursday, April 21, 2005
9:00 a.m. - 2:30 p.m.
Massachusetts State House
Boston, Massachusetts
. Hosted By:
City of Boston
MA Department of Conservation and Recreation's
. Urban and Community Forestry Program
Sponsored By:
Due..to space limitations for this event, we can accommodate tluv"epresentatives from each
Tree City Community. We encourage you to use this opportunity to build support for Urban and Community
Forestry among your community leaders and citizen advocates.
Please RSVP with the names of your guests by April 15 to
Eric Seaborn at eric.seabom(a,state.ma.us, (617) 626-1468
p v
,
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Tree City l Tree Line USA Forum Program
9:00 - Coffee and Registration
9:30 - Welcome and Introduction-
Mariclaire McCartan, Urban Forester, City of Boston
-Paul Sellers, Senior Arborist, NStar Electric
-Eric Seab6rn, DCR Urban Forestry Coordinator
10:00 - Urban Ecology and a Cause for Hope
, Charlie Lotd, Executive Director, Urban Ecology Institute
11:00 - Tree: City USA Community Panel:
Growing Local Urban and Community Forestry Programs
• Brian Breveleri, Worcester
Business districtplantings
• • Torn Koch, Quincy.
Funding: Tree Planting through Local Parks Improvement Bond
• Pat LaPointe, Leominster
Harvesting for Watershed Values
• Cynthia Hartdegan, Westfield ,
Creative Arbor Day events: Cartwheelathon
• Greg Garber/Kelly Writer, Cambridge .
Cambridge's New Tree Ordinance - Challenges Before, During and After
Establishing a New Ordinance
12:00 -Lunch, Sponsored by Nstar
1:15 - Tree Line USA and Tree City USA Awards
Ellen Roy Herzfelder, SecretaryEOEA
Join us in congratulating the 3 utilities and 76 communities who are
making a commitment to improve their urban and community forests.
Some communities will also receive special awards.
2:30 Adjourn
q ~,3'
Ccomcast
March 15, 2005
Dear Sir or Madam:
Greetings from Comcast!
21115 APR -4 ISM 1: 40
Comcast L
676 Island Pond Road
Manchester, NH 03109
comcast.com C. V'
On behalf of all New England Comcast employees, I am pleased to provide you with our 2004
Community Report. At Comcast we believe that community involvement is an integral part of doing
business in the neighborhoods we serve.
This report includes information about our employee involvement, the partnerships we've
developed, the community resources we've invested and the local Comcast Foundation grants
we've provided. Our community investment accomplishments in 2004 include:
• Partnering with more than 300 local New England organizations
• Contributing nearly $1 million in cash contributions, in-kind donations and gift certificates
• Providing more than $4.5 million worth of free video and high speed Internet services to
more than 3,200 schools and libraries throughout our service area
• Distributing an additional $370,000 in Comcast Foundation grants to New England
nonprofit organizations
• Contributing more than 6,800 volunteer hours in one day during Comcast Cares Day
In 2005, Comcast will continue to work collaboratively with local leaders like you to help identify
important projects that make a difference. We.look forward to working with you in the year ahead
and thank you for taking the time to review this report.
Sincerely,
7__`11 1~' 7
Kevin Casey
Senior Vice President
Comcast
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The Ipswich River is widely recognized as the most stressed river in MA and one of the most endangered 1~
rivers in the nation. Nevertheless, state agencies continue to make decisions that fail to provide the
Ipswich River with adequate protection and fail to properly implement state law. I ask you to provide
leadership to restore the Ipswich River to health by improving implementation of state laws, regulations
and policies affecting management of the Ipswich River.
The highest priority is effectively restricting summertime "non-essential" water use, using jurisdiction that
exists under MA laws, including the Water Management Act and Interbasin Transfer Act. In April, the
Water Resources Commission will vote on Reading's application for an interbasin transfer. I urge you to
ensure that the approval of the town of Reading's application for interbasin transfer is amended to
require:
1. Adequate limits on the use of Reading's wells during low-flow periods, especially once the town's
new water treatment plant is operational.
2. Effective restrictions on non-essential outdoor water use during low-flow periods.
3. Improved water conservation requirements, including a water bank and water rates that promote
conservation.
Thank you for your consideration, assistance and leadership in taking the actions necessary to improve the
management of the Ipswich River.
Susan and Joseph Silva
i'~
42 Winsor Lane
Topsfield, MA 01983
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25 March 2005
LINDQUIST FEN UCCIO
CONFERENCE MEMORANDUM
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ARCHITECTS,
Project: Modular Housing and/or Renovations at L*57Pleasant St., Reading
Reading Housing Authority .
DHCD Project No. 196019
Cc: Cindy Zabriskie (DHCD)
Present: Lyn Whyte (RHA)
Chris Reilly (Reading Town Planner)
Rick Fenuccio (BLF&R Architects)
DISCUSSION
I. R. Fenuccio requested an: introductory meetirig with the. Reading Town Planner. to
discuss the LIP (Local Initiative Program) review and approval process..
2. C. Reilly explained that there is no LIP application per'se,,but that the applicant
must complete all applicable items indicated in Section 3 of the LIP regulations.
Under the LIP, the town is seen as a co-sponsor for the affordable housing project.
3. The project concept has already been discussed with the local Selectmen and a
"Concept Plan" submission is probably'nbt necessary. The project concept has
also been presented to the Town's Design Review Team (DRT) which is .
composed of Town Department Staff and is an advisory group to the Selectmen.
C. Reilly will forward previous DRT comments to R Fenuccio. It does not
appear that the project site has any environmental resource areas and
Conservation Commission jurisdiction is unlikely.
4. Under the LIP, the project is presented to the Board of Selectmen and is then
approved by the Zoning Board of Appeals. The presentation is usually made.by
the Applicant, Applicant's Attorney and/or the. "ect Engineer/Architect.
5. The filing fees'will be'waived for a lousing authority proj'ects
6` `C Reilly indicated that a list of applicable zoning waivers will be needed under
the LIP filing. Of note, the front and side setbacks are zero feet on each side, and
no additional overlay districts apply to the site.
203 WILLOW STREET SUITE A
YARMOUTHPORT MA 02675
PH 508-362-8382
FAX 508-362-2828
WWW.CAPEARCHITECTS. C0M
7. C. Reilly indicated that the "Market Feasibility Report" and "Proof of Site
Control" would not be required in this case.
8. Other than the LIP approval process and meeting with the Town's Design Review
Team (DRT), it is not anticipated that any other municipal approvals will be
required.
9. With regard to a possible land transfer between the Housing Authority and the
Town, the Town Meeting has already approved the transfer with the exact area
transfer to be determined as the project design is finalized.
10. R. Fenuccio explained that a review and recommendation will be made shortly
regarding renovation or demolition of the existing two family structure. The
Town does have a demolition delay by-law and any proposed demolition will
have to be submitted to the Town's Historic Commission.
11. R. Fenuccio inquired about the extent of engineered site drawings required for the
LIP application. C. Reilly said that final site development drawings would not be
required but the drainage system may need to be conceptually designed or a
narrative prepared to address previously discussed site drainage concerns.
12. C. Reilly indicated that the Town's Planning Dept. web site has links to recently
approved LIP projects for reference.
13. L. Whyte and R. Fenuccio stopped by to meet Town Engineer Joe Delaney who
was not available.
The above constitutes our understanding of the issues discussed at the subject meeting.
Please notify this office immediately of any errors or omissions.
Submitted y:
.1104
Richard P. Fenuccio
RPF/ak
Fax:. (781) 942-5441 PUBLIC WORKS
Website: www.ci.reading.ma.us (781) 942-9076
Dear Residents:
The Town of Reading, and its contractor, Aggregate Industries, will be resurfacing Woburn
Street, from Main Street to West Street:. Work will continue periodically over the next two (2)
months and will commence each day at 7:00 A.M. and'end at approximately 4:30 P.M.
No parking signs will be posted throughout the construction area. Vehicles will not be allowed
to park on the travel way during the posted construction hours. Any vehicles parked
within the right-of-way during the work hours will be towed at the owner's expense. It is
recommended that residents make other parking arrangements during these hours of construction
in regards to other possible parking locations outside of the construction area. As with any road
resurfacing. or construction project, some heavy machinery will be required. It is therefore
advised that caution be used when traveling along the street throughout the construction period.
During this project; on your day for collection of rubbish, all rubbish must be at the curb
by 6:30 A.M.
The Town of Reading will be working diligently to expedite the work on your street and we
thank you for your continued support. If you have any questions or concerns, regarding this issue
please feel free to contact the Town of Reading Engineering Division at (781) 942-9082,
Monday through Friday between the hours of 8:30 A.M. and 4:45 P.M.
Additional information and updates can also be found on the Town's website. at:
www.ci.reading.ma.us (look for the "What's New" link at the top :of the page)
g~
APR-06-2005 12:30
4-1"T T
valonB AY
commUN'ITIESoNc-
April 5, 2005
AVALONBAY COMMUNITIES
1 617 472 5553 P.~0~2ni06
C , U
1250 Hancock Street, Suite 8041 a. Quincy, MA 02169 ^ Tel (617) 472-9491 ♦ Fax (617) 472-5553
C~&(
Ellen Roy Herzfelder, Secretary .
Executive office of Environmental Affairs
100 Cambridge Street
Boston, MA 02114
Attention: Richard Bourre, Iv EPA Unit
Re: Avalon Inwood - EOE,A 4 5919 - Notice of Project Change
;bear Secretary Herzfelder:
I am writing this letter in response to the, comment letters on the above NPC from (i) the Department of
Environmental Protection (DEP) dated March 30, 2005, (ii) the Town of heading dated March 24, 2005,
and (iii) the Executive Office of Tr nsportation and Construction (EOTC) dated March 30, 2005 (with
attached memo from Lionel Lucien darted March 30, 2005).
1. DEP Letter
1. W =Eater. Although the DEP letter. states that the wastewater flow fr om the development
will be 91,100 gallons per day (gpd), this figure is based on flow rates set forth in 314 CMR 7.15.
These flog rates are known to be dramatically higher than actual flows from new residential
developments. In fact the NPC narrative states that based on actual flow which can be
documented from many prior AvalonBay developments, the actual flow rate will be
approximately 57,200 gpd, less than the anticipated flows from the previously approved 850,000
square foot office park,
With respect to III mitigation, we note that the connection is not being made to the City of
Woburn sewer system, but instead to the Willow Street Interceptor, which is part of the Town of
Reading system- Nevertheless, in 1999, the then-developer negotiated a deal with the City of
Woburn, agreeing to an I&I payment of $159,375, which was based on a 5:11&1 mitigation for
are 850,000 st office park which would generate 63,000 gallons per day (gpd) of sewage. Eased
on this agreement, Woburn recommended approval of the DEP Sewer Extension / Connection
hermit and the permit was issued by DEP in rune, 1999. Since that time, the sewer main for the
Project site (as well as most of the other infrastructure for the site including the main road, other
utilities, drainage systems etc.) have been installed. When the proposal to convert the office park
to residential arose, the developer began negotiations with Woburn on sewer mitigation. Based
on the fact that the residential project would actually generate a sewer flow of 57,600 gpd, the
developer proposed to reduce the, sewer payment to $144,000. This agreement with the City is
documented in the letter we just received from the Mayor of Woburn, which is attached to this
letter as Attachment No. 1. The I&I fee will help offset the City's obligations under the
enforcement order generally, but is not tied to any specific mitigation project which would
necessarily be completed prior to the completion of construction of the Project.
l~
APR-06-2005 12:30 AUALONBAY COMMUNITIES 1 61? 472 5553 P.03/06
_x2. Hertzfelder Coni.
page 2
2. wAtPr Use and Irriga#ion_ The figure of 100,210 gpd of anticipated water usage in the DEP
letter is based on rates of flows in the DEP sewer regulations (sewer flows plus 101%). Again, as
with sewer flows, actual water usage is dramatically lower. In fact the NPC narrative states that
based on water usage which can be documented from many prior AvalonBay developments will
be 62,900 gpd, less than the anticipated water usage from the 850,000 square foot office project.
Much of the reduction will be achieved through the use of water conservation measures mandated
by the state plumbing Code (e.g. low flush toilets). However, the proponent cannot commit to,
the use of low flow appliances that are not mandated by State codes (e.g. low flow dishwashers
and washing machines). These appliances are not at present commercially viable for large multi-
family developments and deviate significantly from industry standards.
Wherever possible, the proponent will install on-site irrigation wells for landscaping.
3. Winds. As noted in the NPC, the change from office park to multi-family residential does
not require the alteration of any additional Bordering 'vegetated Wetlands. The replacement areas
for all of the, disturbed areas have been fully completed in compliance with DEP standards. The
monitoring reports prepared by Sanford Ecological Services Ina have been provided verifying
the establishment of more than 75% wetland vegetative growth for the replacement areas. The
Woburn Conservation Commission has issued full Certiflcates of Compliance for the work in
Woburn. Accordingly, we do not believe any further evaluation of the replication areas is
warranted.
4. Sto water and "Low Imps Developrt enf. The redesign of the site outlined in the NPC
included 25 new soil test pits to determine locations for potential recharge. The results of this
investigation did not yield many suitable locations due to high seasonal ground waters or poor
percolation rates. Existing and new stormwater management areas were therefore used as the
primary locations for recharge. The clay liner in a portion of some of the basins was added to
assist in maintaining conditions to support wetland growth. The basin still has a recharge portion
near the exits that is below the elevation of the outflow control structure to promote recharge.
'T'hese designs were used to determine the recharge provided in the submitted Table III in the
NpC. The proponent is willing to dispense with the clay lining portion of the basin as designed to
retain a larger contact area in the basin floor if preferred by the Woburn Conservation
Commission or DEP.
The soils data in the vicinity of building 5,6 & 7 demonstrated that this area is not suitable for
roof recharge designs. The infiltration provided in the stormwater management areas for these
buildings exceed the recharge requirements for the proposed use. The proposed method of
treatment for the site drainage system is fully consistent with the DEP Stormwater Management
Policy. The site design provides Total Suspended Solids removal rates in excess of the 80%
requirement. The proposed recharge also exceeds the requirements of the Policy.
The applicant has developed a snow removal plan for the site that will be, part of the Order of
Conditions issued be the Woburn Conservation Commissions along with an Operations and
Maintenance Plan ( O&M The O&M Plan outlines scheduled maintenance requirements for all
aspects of the site.
It is significant that the NPC outlines a decrease in net impervious area from the previously
approved Inwood Office Park. The revised design. also reduces the widths of access points to
widths acceptable to the City of Woburn through the Planning Board and City Council Permits
granted for the site. -the NPC also results in a significant reduction in average daily traffic 0,800
vehicle trips per day) and reduction of onsite parking (-2,274 spaces). These reductions will also
APR-06-2005 12:31 AUALONBAY COMMUNITIES 1 617 472 5553
,ER. 9ertzfelder Cont.
Page 3
P. 04/06
have a significant beneficial impact to the sites surface runoff. The proposed plan also has
significantly less impervious site coverage than is allowed by the Woburn Zoning Bylaws, which
would allow for a site with only 20% usable open space.
A. redesign of the site and the already constructed infrastructure for which an excess of well over
$5,000,000 dollars have been spent would place an undue hardship for the project proponent that
could render the site economically unfeasible to construct, in addition to prov'i'ding potentially
insurmountable re-permitting requirements. The project as designed is consistent with the DEP
Stormwater Management Policy, the Wetland Protection Act and its regulations and all other'
applicable regulations. The proponent feels strongly that any requirement to exceed these legal
standards are not warranted, especially since the project change is resulting in improvements in
environmental conditions based on a carefully considered revised site plan which has been
approved locally, and much of the infrastructure has already been constructed.
5. Co ruction an Air ualitYlil~pa . The proponent is committed to comply with all
applicable legal requirements with respect to construction and air quality. However, as we have
previously explained to DEP, the mandate for the implementation of certain construction period
measures intended to reduce diesel emissions (such as the requirements to use LSD fuel and use
of oxidization catalysts and particulate filters) is simply not practical to implement or enforce, is
not consistent with the industry standard nor is it required by any applicable state or federal
regulations.
6. R,ecvc _ Avalon has a comprehensive, and successful recycling program which includes
dispersed recycling centers throughout the development and separate bins for various types of
recyclable materials - paper, plastic, tin. This program will be implemented for the Project as
well. The use of recycled materials for building supplies is not, however, consistent with industry
standards and cannot be implemented practically or economically at this time.
11. Town of Leading Letter
1. Traffic, Mitigation Payment. Although the traffic impacts of the. current residential project are
far below those that would have been generated by the 850,000 square foot office development,
the Reading letter is correct in noting our commitment to abide by the previously agreed
$245,000 payment to the Town of Reading for traffic improvements to be implemented by the
Town.. The timing of this payment had not been decided upon by the parties, and is not a matter
related to state permitting or MEPA review. The timing of this payment will be, worked out
between the proponent and the Town of heading.
2, Additional Information. Relative to the sufficiency of the traffic information presented in the
N'PC, as confirmed by EOEA, the Traffic Impact and Access Study adequately addressed the
traffic impacts and proposed major mitigation for the development. The proponent does not
anticipate conducting any additional analysis or studies beyond what may be required by
MmIlighway as part of the process for obtaining a Section 61 finding and indirect access permit.
3. Signalizatior.,~o Inwood Dritie~nd West Strom. This intersection is located with the Town of
Wilmington, not Reading or Woburn, nand is not subject to jurisdiction of either MassRghway or
the Town of Reading. The heading letter states that signalization of this intersection was
"required" for the prior 850,000 square foot office park required the. In fact, the amended
Section tit Finding stated only that "when signalization becomes warranted and authorized, the
proponent will signalize the intersection." While.tlle signalization of the intersection may have
been warranted for the office park, the Project traf't'ao engineer, RD. Vanasse and Associates has
~,3
ft.
APR-06-2005 12:31 AVALONBAY COMMUNITIES 1 617 472 5553 P.05/06
ER. Hertzfelder Cont:
Page 4
determined that the full build out of the residential project does not even approach the necessary
warrants for signalization and thus could not practically be designed or authorized by the Town
of Wilmington (which would be the permitting autholity).
4. Ern Evacgation. The Reading letter assumes that the emergency evacuation plan
mandated by the City of Woburn will likely require access through Reading. This is not
necessarily the case; the proponent can fulfill its requirements for emergency egress entirely
within the portion of the site located in Woburn.
M. EOTC Letter
1 'Iran Lion De and Man ement Plan The proponent is prepared to implement a TDM
plan including coordinating ride sharing opportunities through the management office, posting
area bus schedules in a central location and installation of bicycle racks. In addition, we have
already met with the Woburn Council on Aging and will continue with these communications
with them and other relevant agencies and groups to develop an effective and feasible program
for encouraging the use of alternative means of transportation and taking advantage of existing
services for the benefit of the Project°s residents.
We appreciate the opportunity to respond to the comment letters received. If you have any questions,
please feel free to give me a call at 617-$47-1202. Thank you very much for your consideration.
Very truly yours,
Scott W. bale
Vice President/Development
cc: John D. Viola and Nancy Baker DEP
Lionel Lucien - EOTC Public/Private Development Unit
Hon. Mayor of Woburn and Woburn City Council
Peter 1. Hechenble'5mer, Reading 't'own Manager
S
APR-06-2005 12:31 AVALONBAY COMMUNITIES
pf s
04/05/2ua5 10:%t - of Woburn M2!4orr,
flpr 03 015 p3: 40P Ci t
~r sf
~0~117~ C.v1r104
Ajoyor
April 5, 7-005
Cffy OF WOBURN
Ma.SSAGHUsBTTS
jo 1Z- -rmby 111. Esgi&e
Murtba CuUjn, LL'P
500 UnicOm 019 0Wvc
'VJoburst,
d~ a tim1nY1 'frig o
1 617 472 5553 P.06i06
cil 14all
10 COpmnon Smtc
Y,lobn a MA 0180'1
(?81) 9324501
FAX (781) 9s2A506
cta ey TwbY' n j ectioa
s
JDW A Y,a~ sided the DSP Sewcf
e City of Wobura ~tion for ideniI
pose be ad f cd Pro~
5.11&, i 6 and (2) per'. able
the s camtnt to a
ed sewcf flow of57, fi00 gpd~ anon p Y
perrtaic su .ltct w: {1) Avalon InWO--
w Cry a f Wob based on'ticlp Or Woburn £cir said 5.11&1 mitig to tbo.
aty
pout for the development
p vajon Inwood of"the sum of $144
upon L ice of the first ac'Oup
if you havo any q=sons, plea'e.let me mow. Thank yc►u.
John C. cumm
mayor
TOTAL P.06
HEALTH
FAX: (781) 942-9071 (781) 942-9061
Memorandum
To: Peter Hechenbleikner
Town Manager
CC:
From: Jane Fiore
Health Administrator
Date: 3/25/2005
Re: BOH Fee Schedule
The Reading Board of Health has reviewed the fee schedule for all fees charged by
the Reading Health Division for various services and licenses. The process used
was a comparison of fees charged by ten surrounding town health departments.
Over the past three months the BOH has discussed the 50 fees required by the health
division and noted the food establishment fee requirements here in Reading were
50% to 100% lower than all ten other communities.
On April 14, 2005 the Board will hold a public hearing to adjust the fee schedule.
All establishments effected will be notified. The Board's intension is to vote on the
schedule prior to the issuance of 2006 permits on July 1, 2005.
The Reading Board of Health fee schedule change on average will be approximately
$40. Restaurants of over >100 seats the permit fee will increase by $115. This
group of larger establishments require a minimum of three inspections per year (9
site visits each). Each site visit is a minimum of three hours of inspectional time.
d
1
~O~1y OF FRE,~A'
Town of Reading
e 16 Lowell Street
° Reading, MA 01867-2684
~3s=rwcoa4°4
L I C jstt~
HEALTH
FAX: (781) 942-9071 (781) 942-9061
Memorandum
To: Peter Hechenbleikner
Town Manager
From: Jane Fiore
Health Administrator
Date: 3/29/2005
Re: Up date on BOH Fee Schedule review
The Reading Board of Health has reviewed the fee schedule for all permit fees
charged by the Reading Health Division for all annual licenses issued. The process
the Board used was a comparison of fees charged by ten surrounding town health
departments. Over the past three months the BOH has discussed the 63 service fees
charged by the health division. This review noted the food establishment fees lower
than all ten other communities health license fees.
On April 14, 2005 the Board will hold a public hearing to adjust the fee schedule.
All establishments effected by this potential change will be notified by mail. The
Board's intension is to vote on the schedule prior to the issuance of 2006 permits on
July 1, 2005.
The Reading Board of Health fee schedule change on average will be approximately
$40. Restaurants of over >100 seats the permit fee will increase by $115. This
group of larger establishments requires a minimum of three inspections per year (9
site visits), each site visit is a minimum of three inspectional staff hours.
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04/01/05 FRI 09:11 FAX 617 722 2390 HOUSE GOP LEADER'S OFF.
s~[a 001
Office of the
w House Republican Leader
a > ~ tl
a
Comnwnweafth of Massachusetts
~L
n
FAX COVER SHE.ET
TO: Peter Hechenbleikner, Town Manager
ORGANIZATION: Town of Reading
FROM: Fred Van Magness, Office of State Rep. Brad Jones
DATE: April 1, 2005
FAX TO: (781) 942.9071
No. Pages (including cover): 1
Dear Peter -
This is just a quick note to inform you the House of Representatives enacted House
Bill 36 (An ActA uthorizing the Conservation Commission of the Town ofReadiny► to Grant
Certain Easements) last night by a roll call vote of 153-0. The bill now moves back to the
Senate for enactmei it before being presented to the Governor for his consideration.
Please let mc, know if you have any questions. -We shall keep you informed of
progress. Best wishes for a nice weekend.
Sincerely,
Frederick Van Magness, Jr.
Chief of Staff for Local Affairs
Senior Legal Counsel
The State House, Room 124 • Boston, MA 02133 ® (617) 722-2100
Nation's Cities Weekly - March 28, 2005
Page 1 of 2
L g&5
NATIONAL LEAGUE Or CITIES
Strengthening& promoting cities as centers of opportunity, leadership and governance
Newsrom Nation's Cities Weekly - March 28, 2005 t
In this section Court Cases Victories for Municipalities
Press Room
Nation's Cities Municipalities scored victories in two recent Supreme Court decisions focusing on search and seizure
Weekly and whether individuals and companies can receive monetary damages when local governments dem
wireless towers.
NLC participated as a friend of the court in both cases.
Search
90
avanc_d siten,ap n )
,,.ACTION Unreasonable Search and Seizure?
,..-G~SSRpprs
:77
j
i 1111111
In Muehler v. Mena, the Court, adopting arguments advanced by state and local organizations, held t
handcuffed detention by police of Iris Mena during the execution of a lawful search warrant was reas
and did not violate her constitutional protection against unwarranted search and seizure under the Fc
Amendment.
Mena was an occupant in a house where police had probable cause to suspect gang members resides
case arose from an investigation into a gang related drive-by shooting in Simi Valley, Calif., in 1998.
Chief Justice William Rehnquist wrote in the majority opinion that Mena's detention in handcuffs "waE
ordinary search." Justices Anthony Kennedy, Antonin Scalia, Sandra Day O'Connor and Clarence Thor
joined in the opinion.
"The governmental interests in not only detaining, but using handcuffs, are at their maximum when,
a warrant authorizes a search for weapons and a wanted gang member resides on the premises. In:
inherently dangerous situations, the use of handcuffs minimizes the risk of harm to both officers and
occupants," the decision stated.
The Court also found that police questioning of Mena's immigration status did not constitute a separa
Fourth Amendment violation.
"We have held repeatedly that mere police questioning does not constitute a seizure,"' wrote RehngL
While the Court unanimously reversed the court of appeals judgment that local police violated Mena';
Amendment rights, cities and their police departments should consider evaluating local policies in ligh
separate opinions by five justices about the reasonableness of indiscriminate use of handcuffing by f
during searches.
In a separate opinion joined by Justices David Souter, Ruth Bader Ginsberg and Stephen Breyer, Just
Paul Stevens expressed concern that legal precedent "does not give officers carte blanche to keep in(
who pose no threat in handcuffs throughout a search, no matter how long it lasts. [A] jury could have
reasonably found from the evidence that there was no apparent need to handcuff [Mena] for the enti
duration of the search and that she was detained for an unreasonably prolonged period."
These four justices would instruct the court of appeals on remand to consider whether the evidence
Mena's claim that police used excessive force in detaining her for the duration of the search.
Likewise, Kennedy wrote separately a "brief statement to help ensure that police handcuffing during
becomes neither routine nor unduly prolonged."
r
hq://www.nlc.orgINewsroomINation s_Cities WeeklyAVeekly_NCW1200510312813104.cfm 4/4/2005
Nation's Cities Weekly - March 28, 2005 Page 2 of 2
Recoverable Damages in Municipal Decisions Regarding Wireless Towers
In City of Rancho Palos Verdes v. Abrams, a unanimous Supreme Court ruled that monetary remedies
federal Section 1983 are not available to plaintiffs when a municipality exceeds its authority to regula
wireless commercial services under the Telecommunications Act of 1996.
"Section 1983 does not provide an avenue for relief every time a state actor violates a federal law," v
Justice Scalia in the Court's opinion that overturned a federal Ninth Circuit holding that those separate
remedies are available to plaintiffs.
This case arose from a denial by the City of Rancho Palos Verdes of a resident's conditional-use perm
request to construct and operate several antenna towers from his home for commercial purposes.
The resident then filed suit against the city, claiming that the denial violated Section 332(c)(7) of the
Telecommunications Act.
The district court ruled for the resident, but held that relief was limited to the specific remedies provii
under Section 332(c)(7).
On appeal, the Ninth Circuit reversed for the city, but sent the case back to the lower court for detert
of money damages and attorney's fees under Section 1983.
While the Court's decision shields municipalities from liability for attorney's fees in the context of Sed
(c)(7), it does not inoculate cities against other legal challenges to local authority under the remainini
sections of the Telecommunications Act of 1996.
10
National League of Cities
1301 Pennsylvania Avenue NW Suite 550 • Washington, DC 20004
Phone:(202) 626-3000 , Fax:(202) 626-3043
info@nic.org , www.nlc.org
Privacy Policy
hq://www.nlc.oralNewsroomINation s_Cities WeeklylWeekly_NCW1200510312813104.cfm 4/4/2005
Page 1 of 1
6, C 'G? V
Hechenblelkner, Peter
From: Tim O'Connor [tim.oconnor5@verizon.net]
Sent: Tuesday, March 29, 2005 8:38 PM
To: Rick Schubert forwarding account; jduffy@ci.reading.ma.us; Camille Anthony forwading account;
Reading - Selectmen
Subject: Curtis Street/George Street Traffic
Dear Selectmen,
As Road Commissioners, I am writing this letter as a plea to expedite the agreed upon safety signage needed at
the intersection of George and Curtis Streets. (Stop signs and 5 mph signs) The construction of the
condominiums at the end of my street has increased traffic significantly. The rate of speed of these vehicles, not
to mention those of prospective buyers looking at these condos, is much too'fast for this neighborhood. As most
of you are already aware, the condominium development has severely compromised the safety and identity of our
once small and quiet neighborhood. I will not tolerate contractors on or anyone else making things even worse by
driving recklessly in this neighborhood.
I have included a photo of my front yard lawn (taken 3/29/05) . A contracting vehicle from the site has driven over
my lawn, a lawn I completely replaced in front of my fence last Spring. The lawn is a small issue, the safety is a
big one. I am seriously concerned for the safety of my two year old son and all of the other small children on
Curtis and George Streets. The area in front of my house should be considered for a solid granite curb as it has
become a daily turnaround for vehicles who do not realize our street is (was) a dead end.
I would also like to petition to you as Road Commissioners to implement a Left Turn Only sign at the egress of the
condo development on George Street. Please give this serious consideration, as the present. setup has traffic
passing my house on Curtis Street and then looping back onto Curtis Street for the exit. By making, the egress a
Left Turn Only, the exiting traffic will be flowed to South Street via Heather Drive, a significantly wider street than
Curtis Street and one with sidewalks on both sides of the street. Curtis Street is much narrower and has no
sidewalks at all. Surely, you cannot make everyone in the neighborhood happy, but the reality is, the traffic flow
out of the condo development onto Heather Drive is a SIGNIFICANTLY safer alternative than doubling up traffic
on Curtis Street.
Thank you for your consideration,
Tim O'Connor
96 Curtis Street
781-944-6164
Tim. oconnor5 @verizon.net
AV%
Ur I f
3/30/2005
L, ~ c 9 LJi
Hechenblelkner, Peter
From: Frey, Bob (MHD) [Bob.Frey@state.ma.us]
Sent: Monday, March 28, 2005 6:58 PM
To: Corey, John; Marquis, Rick; Schubert, Rick; Anthony, Camille; Barnes, Jonathan; Bruen,
Darlene; Casey, Paul; Curran, John; DiBlasi, Joe; Durrant, Ian; Everson, Jeff; Festa, Mike;
Gallagher, Jim; Gallerani, Michael; Grover, Robert; Hamblin, Eileen; Havern, Robert; Jones;
Bradley; Katsoufis, George; Kennedy, Anthony; Kinsman, Art; Leiner, Craig; Meaney, Paul;
Medeiros, Paul; Molter, Andrew; Natale, Patrick; Rogers, Maureen A.; Smith, Susan; Sodano,
Paul; Stinson, Richard; Sullivan, Dan; Tarallo, Ed; Tisei, Richard; Webster, Bill; Woelfel, Steve
Cc: Beaudoin, Carla; Blaustein, Joan; Burggraff, Mary; Callan, Melissa; Christello, Tricia; Cooke,
Don; Dame, Chris; DiZoglio, Dennis; Draisen, Mark; Dwyer, Margaret; Edwards, Adriel;
Florino, Ron; Frey, Bob; Grzegorzewski, Josh; Town Manager; Lucas, Barbara; Mauriello,
Lauren; McKinnon, Anne; Mcvann, John; Miller, Kenneth; O'Rourke, Carmen; Purdy, Jim;
Reilly, Chris; Schwartz, Bill; Stein, Kathy; Van Magness, Frederick; Wood, Gail
Subject: review data for meeting
u.'
interchange
stats.xls
Greetings Task Force Members:
Attached for your review is a set of interchange data for the periods
1997-99 and 1999-01.
<<interchange stats.xls>>
This data is similar to what was handed out at the March 5th workshop
and at
the last data subcommittee meeting, but with revisions and
clarifications.
We will go over this in more detail at Wednesday's meeting.
Thanks,
- Bob
Bob Frey
Manager of Statewide Planning
Office of Transportation Planning
Massachusetts Executive Office of Transportation
(617) 973-7449
bob.frey@state.ma.us
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Page ~of 2C
Hechenblelkner, Peter
From: cnj4@aol.com
Sent: Monday, March 28, 2005 10:37 AM
To: John.Cogliano@MHD.state.ma.us; Bob.Frey@state.ma.us; jcorey@ci.woburn.ma.us;
rick.marquis@fhwa.dot.gov; Schubert, Rick; canthony@cdmtitle.com; jebarnes@mit.edu; bruen-n-
bruen@comcast.net; rep. paulcasey@hou.state. ma. us; jcurran@ci.woburn.ma.us;
rnrchambercom@aol.com; Ian.Durrant@state.ma.us; rep.mikefesta@hou.state.ma.us;
jgallagher@mapc.org; mgallerani@ci.stoneham.ma.us; rgrover@ci.stoneham.ma.us;
ehamblin@aol.com; rhavern@senate.state.ma.us; rep. bradleyjon es@hou.state.ma.u s; g-
r@comcast.net; anthonykennedy@comcast.net; akinsman@aaasne.com; cleiner@massport.com;
woburnbusiness@earthlink.net; paulderman@prodigy.net; andy.motter@fta.dot.gov;
rep.patricknatale@hou. state. ma. us; maureen@northsuburbanchamber.com;
sueandmikes@comcast.net; psodano@stonesav.com; rstinson@wakefield.ma.us;
dansullivan@assetleasing.com; etarallo@ci.woburn.ma.us; rtisei@senate.state.ma.us;
billwhome@juno.com; swoelfel@mbta.com
Cc: carla.beaudoin@hou.state.ma.us; jblaustein@mapc.org; mary.burggraff@hou.state.ma.us;
melissa.callan@hou.state.ma.us; tricia@lynchassociates.net; dcooke@vhb.com; cdame@rcn.com;
ddizoglio@mbta.com; mdraisen@mapc.org; Margaret. Dwyer@state. ma. us;
Adriel.Edwards@state.ma.us; rflorino@ci.stoneham.ma.us; Joshua.Grzegorzewski@fhwa.dot.gov;
Town Manager; blucas@mapc.org; Lauren.Mauriello@state.ma.us; amckinnon@hshassoc.com;
John. Mcvann@fhwa.dot.gov; Kenneth. Miller@state.ma.us; carmen.o'rourke@hou.state.ma.us;
jpurdy@louisberger.com; Reilly, Chris; wschwartz@neighborhoodamerica.com;
kstein@hshassoc.com; frederick.vanmagness@hou.state.ma.us; Wood, Gail
Subject: FLAWED ACCIDENT DATA, FRAUD AND PUBLIC SAFETY
Dear Commissioner Cogliano:
The purpose of this letter is to inform you that the Office of Inspector General (O.I.G.), U.S. Department of
Transportation (DOT) has initiated an inquiry into the Massachusetts Highway Department (MHD) for allegedly
committing fraud in the use of accident data known by the MHD to be worthless.
The attached paper documents the following facts. The MHD, along with three other state agencies, conducted a
statewide audit of accident data in 2001. The audit showed that accident reports consistently had too many
missing elements (e.g., accident location, vehicle type) to be useful for highway safety analysis. A new accident
report form was deployed starting in 2002. However, the MHD repeatedly used worthless accident data collected
prior to 2002 for 193/95 interchange feasibility study activities during 2002, 2003, 2004 and 2005. The MHD never
told members of the 193/95 community about the accident data audit. Further, its use by the MHD and its
consultants (Edwards & Kelcey and The Louis Berger Group) implied engineering acceptability.
This repeated, deliberate use of worthless accident data by your department can lead to alternative interchange
designs that are less safe than the current interchange. Clearly, this action on the part of the MHD represents a
serious disregard for public safety.
The attached paper shows that the MHD and its consultants did use worthless accident data. There is no doubt
about this fact. This act represents a serious, prolonged deception that may be legally characterized as fraud.
Thus, the attached paper (and paper copies of all reference materials) was presented to the O.I.G. for their
review. Subsequently, they initiated an inquiry into this matter to determine whether federal violations have
occurred. I will send you the case number and point of contact information separately.
If the O.I.G does not find in favor of fraud by the MHD, one should ask why. Was this because no one thought to
enact a law prohibiting the use of worthless accident data for safety improvement projects? Was there a general
presumption that state DOT's would have the moral decency to use quality accident data, and, thus, no such law
was required?
The accident data collected from 2002 onward may or may not be an improvement compared to the accident data
3/28/2005
Page 2 of 2
gathered prior to 2002. However, that cannot be known until a formal accident data audit is conducted. Has the
MHD conducted such an audit?
Please explain why the MHD has not lost its credibility and why this current feasibility study should not be
terminated immediately. Also, please respond in writing to the 11 questions in Section 6 of the attached paper.
This paper has been written with the full knowledge and agreement of the citizen's initiative groups PRESERVE
(Protect Residential Environments with Sensible Engineering and Residents' VoicEs) and THAG (Tri Community
Highway Action Group).
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); cni4 .aol.com
March 28, 2005
3/28/2005
chv~
D
Page 1 of 1
J c 05
Hechenbleikner, Peter
From: cnj4@aol.com
Sent: Thursday, March 31, 2005 10:19 AM
To: Reading - Selectmen; Town Manager; mopina@comcast.net; BobSoli@aol.com;
audrey.doyle@comcast.net; berncarey@aol.com; mariannedowning@comcast.net; bgm@mitre.org;
acurtis@mountida.edu; harrysim@aol.com; jbogosian@kingbishop.com; rsgearhart@comcast.net
Cc: CMcConville@globe.com; ben@tafoya2004.com; Robert.Sorrentino@grace.com;
anthonykennedy@attbi.com; credford@rcn.com; billwhome@juno.com; rsaurman@massed.net;
hahns@comcast.net; fooheyjc@hotmail.com; bruen-n-bruen@comcast.net; mopina@comcast.net;
judewarsh@yahoo.com; Christopher.Cummings@fmr.com; rep.caroldonovan@hou.state.ma.us;
sidney.frank@comcast.net
Greetings:
The Massachusetts Highway Department (MHD) is the object of an official inquiry by the
Inspector General, U.S. Department of Transportation for allegedly committing fraud in the use
of traffic data known by the MHD to be worthless. The use of this worthless accident data
occurred several times during the first and second feasibility studies of the 193195 interchange.
Your attention is invited to www.PRESERVE.ws for more details. Please forward this message
to all interested parties.
Thank you, 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); cnj4@aol.com
q5'
3/31/2005
~l ce
Hechenblelkner, Peter
From:
cnj4@aol.com
Sent:
Sunday, April 03, 200511:52 AM
To:
Reading - Selectmen; mopina@comcast.net; BobSoli@aol.com; audrey.doyle@comcast.net;
berncarey@aol.com; mariannedowning@comcast.net; bgm@mitre.org;
acurtis@mountida.edu; harrysim@aol.com; jbogosian@kingbishop.com;
rsgearhart@comcast.net
Cc:
Linda.Bird@FMR.COM; Christopher.Cummings@fmr.com; MFerrari@k12.somerville.ma.us;
Town Manager; japalumbo@comcast.net; credford@rcn.com; HarrySim@aol.com;
Robert.Sorrentino@grace.com; ben@tafoya2004.com; CPNursing@aol.com;
woburnbusiness@earthlink.net; rsaurman@massed.net; hahns@comcast.net;
fooheyjc@hotmail.com
Subject:
Fwd: Interchange Article in Sunday's Globe
-----Original Message-----
From: CnJ4
To: Bob.Frey@state.ma.us; jcorey@CI.WOBURN.MA.US;
rick.marquis@fhwa.dot.gov; rick _schubert@harvard.edu;
canthony@cdmtitle.com; jebarnes@mit.edu; bruen-n-bruen@comcast.net;
rep.paulcasey@hou.state.ma.us; jcurran@CI.WOBURN.MA.US; RNRchambercom;
Ian.Durrant@state.ma.us; rep.mikefesta@hou.state.ma.us;
jgallagher@mapc.org; mgallerani@ci.stoneham.ma.us;
rgrover@ci.stoneham.ma.us; Ehamblin; rhavern@senate.state.ma.us;
rep.bradleyjones@hou.state.ma.us; g-r@comcast.net;
anthonykennedy@comcast.net; akinsman@aaasne.com; cleiner@massport.com;
woburnbusiness@earthlink.net; paulderman@prodigy.net;
andy.motter@fta.dot.gov; rep.patricknatale@hou.state.ma.us;
maureen@northsuburbanchamber.com; sueandmikes@comcast.net;
psodano@stonesav.com; rstinson@wakefield.ma.us;
dansullivan@assetleasing.com; etarallo@CI.WOBURN.MA.US;
rtisei@senate.state.ma.us; billwhome@juno.com; swoelfel@mbta.com
Cc: CMcconville@globe.com; carla.beaudoin@hou.state.ma.us;
jblaustein@mapc.org; mary.burggraff@hou.state.ma.us;
melissa.callan@hou.state.ma.us; tricia@lynchassociates.net;
dcooke@vhb.com; cdame@rcn.com; ddizoglio@mbta.com; mdraisen@mapc.org;
Margaret.Dwyer@state.ma.us; Adriel.Edwards@state.ma.us;
rflorino@ci.stoneham.ma.us; Joshua.Grzegorzewski@fhwa.dot.gov;
townmanager@ci.reading.ma.us; blucas@mapc.org;
Lauren.Mauriello@state.ma.us; amckinnon@hshassoc.com;
John.Mcvann@fhwa.dot.gov; Kenneth.Miller@state.ma.us;
carmen.o'rourke@hou.state.ma.us; jpurdy@louisberger.com;
creilly@ci.reading.ma.us; wschwartz@neighborhoodamerica.com;
kstein@hshassoc.com; frederick.vanmagness@hou.state.ma.us;
mossywood@juno.com
Sent: Sun, 03 Apr 2005 11:43:1.3 -0400
Subject: Interchange Article in Sunday's Globe
Greetings:
You may want to read the article referenced below. It can be accessed
by clicking on the indicated link.
"Plans to fix overtaxed interchange stalled by public distrust,
skepticism"
The Boston Globe, Northwest Section, page 10
By Christine McConville I April 3, 2005
http://www.boston.com/news/local/articles/2005/04/03/plans_to_fi.x_overta
xed_interchange_stalled by_public_distrust_skepticism/
The primary issue before this Task Force is fraud: whether or not Mass
Highway committed fraud in the use of accident data known by them to be
worthless. The Office of Inspector General (O.I.G.), U.S. Department of
Transportation is evaluating this matter.
The O.I.G. will not be persuaded the endless round of wheel-spinning
meetings, the creation of more subcommittees, local politics or
lobbying for lucrative highway construction projects. Further, the
O.I.G. has the.power to impose fines and prison sentences, if deemed
appropriate. Check the O.I.G. website for the U.S. D.O.T. if you are
not convinced. This is no joke.
I suggest that Mass Highway provide a full written account of this
matter on the use of worthless accident data. You may want to use the
next Task Force meeting as a "dry run" for your presentation to the
O.I.G.
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); cnj4@aol.com
q,4 ti
2
L /Cgo
Hechenbleikner, Peter
From: George Hines [ghines@mbta.com]
Sent: Monday, April 04, 2005 3:50 PM
To: Camille Anthony forwading account; George Hines forwarding account; Gail Wood forwarding
account; jduffy@ci.reading.ma.us; Hechenbleikner, Peter; Rick Schubert forwarding account;
Jay.M.Carciero@lahey.org
Subject: RE: WOODS SCHOOL - HAZARD for Kindergarteners+!
Importance: High
High Priority
I just got off the phone first with the superintendent and then Mrs
Carciero. Mr. Schettini indicated that the courtyard would no longer be
used for a play area. Mrs Carciero made a good point that the principal
has apparently been diregarding the previous committment to not use the
courtyard for play for at least a week. I will ask the Board to
communicate with the School Committee regarding this situation.
Thanks!
George Hines
Selectman
George V. Hines, Project Manager
MBTA Design and Construction
10 Park Plaza
Boston, MA 02116
Tel: Office; 617-222-4332
Fax; 617-222-1557
e-mail: ghines@mbta.com
"Carciero, Jay M." <Jay.M.Carciero@lahey.org> 04/04/05 2:49 PM
I disagree Peter, I am appealing to the leaders of my Town government!
I am going above the School Department because they think it is
acceptable to continue to allow the children to play in the said area!
This nothing more than a common sense issue.
Selectmen are in-fact elected officials that must see to the public
safety and minimize the burden to the taxpayers.
As a Resident, I would beg to differ that this is not Town government
issue as well as a School issue because of the potential legal/liability
costs to the Town as a result of negligence.
I would not be surprised if there is a major lawsuit currently in the
works - Is this not deterrent enough for our school officials to simply
relocate "recess"...
If the Selectmen could see the permanent disfigurement of my neighbor's
6 year-old child's face - you may think a little bit differently!
MY CHILD AND THE NEIGHBOR WAS BACK OUT PLAYING TODAY DESPITE THE
PREVIOUS ASSURANCE FROM THE "SCHOOL DEPARTMENT."!
Please advise.
Respectfully,
Jay
r
ps. this is not a parental overreaction as I'm sure you commonly have to
deal with.
1
[Carciero, Jay M.]
----Original Message-----
From: Hechenbleikner, Peter [mailto:phechenbleikner@ci.reading.ma.us]
Sent: Monday, April 04, 2005 1:44 PM
To: Carciero, Jay M.; Cc: Schettini, Pat
Subject: RE: WOODS SCHOOL - HAZARD for Kindergarteners+!
Jay
I am passing this on to the School Department. This is exclusively an
issue for them. The Town government has no involvement in the
operations on any particular school site.
Pete
-----Original Message-----
From: Carciero, Jay M. [mailto:Jay.M.Carciero@lahey.org]
Sent: Monday, April 04, 2005 1:32 PM
To: Camille Anthony forwading account; Gail Wood forwarding account;
jduffy@ci.reading.ma.us; George Hines forwarding account; Rick Schubert
forwarding account; Town Manager
Cc: Carciero, Jay M.
Subject: WOODS SCHOOL - HAZARD for Kindergarteners+!
Importance: High
Good Afternoon,
My name is Jay Carciero and I am Reading Resident (Munroe Ave) and
father of three small children.
I am aware of a major accident that occurred at the Wood End School,
court yard grounds last Fall. In response to this accident, Reading
Parents were sent a letter by the Principal Karen Callan stating that
"THERE WILL NOT BE RECESS HELD IN THE COURTYARD."
Today, the Wood End School held its recess in this very area, which has
proven to be dangerous, as it is composed solid concrete and is
certainly not designed for "play!"
Last Fall, a child was rushed to the hospital and subjected to the pain
and disfigurement as a result of this accident. I am outraged, as many
other parent are, that this courtyard play/recess continues to happen
despite Superintendent Schettini's and Principal Callan's full
knowledge!
Please advise me as soon as possible. Also, kindly forward this e-mail
to Carl McFadden for his Agenda.
Thank you,
Jay Carciero
781-942-7899
See our web page at http://www.lahey.org for a full directory of Lahey
sites, staff, services and career opportunities.
THIS MESSAGE IS INTENDED FOR THE USE OF THE PERSON TO WHOM IT IS
ADDRESSED. IT MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL
AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. If you are not the
intended recipient, your use of this message for any purpose is strictly
prohibited. If you have received this communication in error, please
2
A
delete the message and notify the sender so that we may correct our
records.
See our web page at http://www.lahey.org for a full directory of Lahey
sites, staff, services and career opportunities.
THIS MESSAGE IS INTENDED FOR THE USE OF THE PERSON TO WHOM IT IS
ADDRESSED. IT MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL
AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. If you are not the
intended recipient, your use of this message for any purpose is strictly
prohibited. If you have received this communication in error, please
delete the message and notify the sender so that we may correct our
records.
3
blcgo
Hechenbleikner, Peter
From:
Frey, Bob (MHD) [Bob.Frey@state.ma.us]
Sent:
Monday, April 04, 2005 12:10 PM
To:
'cnj4@aol.com'; Frey, Bob (MHD); jcorey@CI.Woburn.ma.us; rick.marquis@fhwa.dot.gov;
Schubert, Rick; canthony@cdmtitle.com; jebarnes@mit.edu; bruen-n-bruen@comcast.net;
Casey, Paul - Rep. (HOU); jcurran@CI.Woburn.ma.us; rnrchambercom@aol.com; Durrant,
Ian (MHD); Festa, Mike - Rep. (HOU); jgallagher@mapc.org; mgallerani@ci.stoneham.ma.us;
rgrover@ci.stoneham.ma.us; ehamblin@aol.com; Havern, Robert (SEN);. Jones, Bradley -
Rep. (HOU); g-r@comcast.net; anthonykennedy@comcast.net; akinsman@aaasne.com;
cleiner@massport.com; woburnbusiness@earthlink.net; paulderman@prodigy.net;
andy.mofter@fta.dot.gov; Natale, Patrick - Rep. (HOU);
maureen@northsuburbanchamber.com; sueandmikes@comcast.net;
psodano@stonesav.com; rstinsoh@wakefield.ma.us; dansullivan@assetleasing.com;
etarallo@CI.Woburn.ma.us; Tisei, Richard (SEN); billwhome@juno.com; swoelfel@mbta.com
Cc:
CMcconville@globe.com; Beaudoin, Carla (HOU); jblaustein@mapc.org; Burggraff, Mary
(HOU); Callan, Melissa (HOU); tricia@lynchassociates.net; dcooke@vhb.com;
cdame@rcn.com; ddizoglio@mbta.com; mdraisen@mapc.org; Dwyer, Margaret (MHD);
Edwards, Adriel (MHD); rflorino@ci.stoneham.ma.us; Joshua.Grzegorzewski@fhwa.dot.gov;
Town Manager; Lucas, Barbara (MAPC); Mauriello, Lauren (SEN);
amckinnon@hshassoc.com; John.Mcvann@fhwa.dot.gov; Miller, Kenneth (MHD); O'Rourke,
Carmen (HOU); jpurdy@louisberger.com; Reilly, Chris;
wschwartz@neighborhoodamerica.com; kstein@hshassoc.com; VanMagness, Frederick
(HOU); Wood, Gail
Subject:
RE: Interchange Article in Sunday's Globe
93/95 article
material
Hello All,
Please note that the following will be one of the few direct responses
to
e-mails concerning accident data being characterized as "fraudulent,"
"useless," or "worthless," as we had discovered in the past that replies
to
such e-mails generated continued chains of messages that ultimately
became
counter-productive to all. Thoughtful debate and discussion of all
issues
will continue in the Task Force meetings as always.
That being said, I felt that a few points needed to be made about this
latest message regarding the Boston Globe article, before we discuss
accident data at the next ITF meeting on Wednesday:
I spoke with Globe reporter Christine McConville (the author of the
Starts &
Stops article)last week before this story ran. As a matter of fact, I
had
provided her with a detailed response (which I have attached) to some of
the
points raised in the document "Worthless Accident Data, Fraud and Public
Safety." to help answer her questions to me. We will cover this
response at
Wednesday's meeting (and would have covered it at last week's meeting
had we o'
completed the agenda).
Understandably, most of the information provided on accident data by all
parties would likely go beyond the scope of detail for a general update
1
feature such as Starts & Stops. I had invited Christine to last week's
ITF
meeting so she could see first hand the variety of issues and viewpoints
and
also that, as we have all seen, there is more to this study than
accident
data. I extend the invitation to her again for this week's meeting.
As I have mentioned before, please keep in mind that we will continue to
conduct the study through the Task Force (not through chains of e-mail
or
the news media).
We will continue to follow our study process, which assures that input
from
everyone is considered before reaching any decisions.
We will continue to keep the public informed through the website, our
Task
Force meetings (the public is always welcome), and future public
informational meetings as we move forward.
Thanks and see you on Wednesday in Stoneham.
- Bob
Bob Frey
Manager of Statewide Planning.
Office of Transportation Planning
Massachusetts Executive Office of-Transportation
(617) 973-7449
bob.frey@state.ma.us
-----Original Message-----
From: cnj4@aol.com [mailto:cnj4@aol.com]
Sent: Sunday, April 03, 2005 11:43 AM
To: Frey, Bob (MHD); jcorey@CI.WOBURN.MA.US; rick.marquis@fhwa.dot.gov;
rick_schubert@harvard.edu; canthony@cdmtitle.com; jebarnes@mit.edu;
bruen-n-bruen@comcast.net; rep.paulcase.y@hou.state.ma.us;
jcurran@CI.WOBURN.MA.US; rnrchambercom@aol.com; Durrant, Ian (MHD);
rep.mikefesta@hou.state.ma.us; jgallagher@mapc.org;
mgallerani@ci.stoneham.ma.us; rgrover@ci.stoneham.ma.us;
ehamblin@aol.com; rhavern@senate.state.ma.us;
rep.bradleyjones@hou.state.ma.us; g-r@comcast.net;
anthonykennedy@comcast.net; akinsman@aaasne.com; cleiner@massport.com;
woburnbusiness@earthlink.net; paulderman@PRODIGY.NET;
andy.motter@fta.dot.gov; rep.patricknatale@hou.state.ma.us;
maureen@northsuburbanchamber.com; sueandmikes@comcast.net;
psodano@stonesav.com; rstinson@wakefield.ma.us;
dansullivan@assetleasing.com; etarallo@CI.WOBURN.MA.US;
rtisei@senate.state.ma.us; billwhome@junc.com; swoelfel@mbta.com
Cc: CMcconville@globe.com; carla.beaudoin@hou.state.ma.us;
jblaustein@mapc.org; mary.burggraff@hou.state.ma.us;
melissa.callan@hou.state.ma.us; tricia@lynchassociates.net;
dcooke@vhb.com; cdame@rcn.com; ddizoglio@mbta.com; mdraisen@mapc.org;
Dwyer, Margaret (MHD); Edwards, Adriel (MHD);
rflorino@ci.stoneham.ma.us; Joshua.Grzegorzewski@fhwa.dot.gov;
townmanager@ci.reading.ma.us; blucas@mapc.org; Mauriello, Lauren (SEN);
amckinnon@hshassoc.com; John.Mcvann@fhwa.dot.gov; Miller, Kenneth (MHD);
carmen.o'rourke@hou.state.ma.us; jpurdy@louisberger.com;
creilly@ci.reading.ma.us; wschwartz@neighborhoodamerica.com;
kstein@hshassoc.com; frederick.vanmagness@hou.state.ma.us;
mossywood@juno.com
Subject: Interchange Article in Sunday's Globe
2
~Jv
Greetings:
You may want to read the article referenced below. It can be accessed
by clicking on the indicated link.
"Plans to fix overtaxed interchange stalled by public distrust,
skepticism"
The Boston Globe, Northwest Section, page 10
By Christine McConville April 3, 2005
http://www.boston.com/news/local/articles/2005/04/03/plans_to_fix_overta
xed_
interchange_stalled_by_public_distrust_skepticism/
The primary issue before this Task Force is fraud: whether or not Mass
Highway committed fraud in the use of accident data known by them to be
worthless. The Office of Inspector General (O.I.G.), U.S. Department of
Transportation is evaluating this matter.
The O.I.G. will not be
meetings, the creation
lobbying for lucrative
O.I.G. has the power t,
appropriate. Check the
not convinced. This is
persuaded the endless round of wheel-spinning
of more subcommittees, local politics or
highway construction projects. Further, the
D impose fines and prison sentences, if deemed
O.I.G. website for the U.S. D.O.T. if you are
no joke.
I suggest that Mass Highway provide a full written account of this
matter on the use of worthless accident data. You may want to use the
next Task Force meeting as a "dry run" for your presentation to the
O.I.G.
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); cnj4@aol.com
3
Hechenbleikner, Peter
From: Frey, Bob (MHD) [Bob.Frey@MHD.state.ma.us]
Sent: Tuesday, March 29, 2005 4:16 PM
To: , 'CMcConville@globe.com'
Subject: 93/95 article material
Importance: High
Hi Christine,
In reference to Jeff Everson's e-mails, we have a response. Feel free to
use
parts of it for your article. Any questions, please call:
Actually, please call or reply via e-mail so I know you received this:
General Response:
MassHighway has always considered the safety of the motoring public its
top
priority, and accident data is an important component in our examination
of
safety issues - and for ultimately implementing appropriate safety
improvements to our roads and bridges. The data that we receive from
the
Registry of Motor Vehicles is used in the best means possible given
available methods and resources, and MassHighway has continually been
involved in efforts to improve this data and make the collection process
more accurate.
The issues that we face with crash data in Massachusetts are similar
around
the country. Every state is devoting resources to find measures to
improve
data quality and timeliness. of paramount importance is the degree to
which
information is recorded and collected at the scene of the incident.
This is
an on-going effort for Massachusetts and every state. MassHighway and
the
Registry of Motor Vehicles have worked closely with various federal,
state,
and local agencies to ensure that we are getting the best quality data
possible, and that improvements continue to be made.
Specific responses follow:
Everson Statement: The Massachusetts Highway Department (MHD), along
with
three other state agencies, conducted a statewide audit of accident data
in
2001. The audit showed that accident reports consistently had too many
missing elements (e.g., accident location, vehicle type) to be useful
for
highway safety'analysis.
w
Response: The referenced audit of the statewide accident data conducted
in
2001 is in fact a required function that must be carried out every three
years by the Governor's Highway Safety Bureau, or hired consultant, per
NHTSA regulations.
The 2001 audit refers to a 1999 data set based on the "old" crash
1
reporting
form. There are issues with the level of data elements available on the
crash reports that hinder the determination of pin-point location for
each
crash, however this does not render the entire data set "worthless." .
We
note the following support information that provides some background
information on crash data in Massachusetts:
* The Registry of Motor Vehicles (RMV) is required by a
Massachusetts
General Law statue to collect all crash data. All State and Local
Police
Departments are required to file a crash report for collisions on public
way
that involve vehicle damage in excess of one-thousand dollars or when a
detectable injury is present.
* The RMV also receives Operator Reports that are filed by the
vehicle
owner/driver in cases where the police are not called to the scene or to
be
used as a supplement to the Police Report filed.
* The Registry enters the crash data as it is provided on the
form.
Under the former Accident Records System at the Registry (pre-November,
2001), the data was included with spelling errors and incomplete data
fields. The RMV would verify the license and registration data, but
that is
not recorded in the crash database due to privacy considerations.
* In order to address these errors in the original databases,
MassHighway contractors have been working to clean-up the "raw" crash
data
that we receive from the RMV. This effort corrects spelling errors,
ensures
that the streets referenced on the form do in fact intersect and are in
the
particular city and town listed. Once the data is cleaned, the next
step is
to locate and geo-code all crashes using improved Geographic Information
System (GIS) tools.
* This process is very labor intensive and takes several months to
complete. Every effort is made to standardize the street names and
locate
the crash for use in compiling the "Top 1000 High Crash Locations
Report".
Only those crashes that can be located with some level of confidence are
used in the reporting process to generate our high crash listing.
Better
location data starts in the field with the crash report and translates
into
improved statistics for identifying locations with high crash
occurrence.
Everson Statement: A new accident report form was deployed starting in
2002.
However, the MHD has consistently used worthless accident data collected
prior to 2002 for 193/95 interchange feasibility study activities during
2002, 2003, 2004 and 2005. The MHD never told members of the I93/95
community about the accident data audit. Further, its use by the MHD
implied
engineering acceptability. Such actions by the MHD may constitute
fraudulent
2
behavior and certainly a failure to uphold public safety. These actions
by
the MHD may be a violation of Federal Highway Administration (FHWA)
rules
for two reasons: (1) both 193 and 195 are interstate roads and (2) the
FHWA
granted $50K from State Planning Research funds to the MHD for the
second
feasibility study. These issues are explained below and documented with
publicly available references.
Response: The effort to generate a new accident (crash) form and
corresponding records database was significant. Many meetings between
the
Federal, State and local agencies that had a vested interest in Traffic
Records and specifically, crash data took place to get to the end
product.
Understanding that there were some inefficiencies with the former
Accident
Records System, the Crash Records Coordinating Committee incorporated
new
procedures to improve on the data elements collected on the crash report
form. Some history on the development of the new Crash Records System
at
the RMV is listed below:
* Beginning with the passage of the Intermodal Surface
Transportation
Efficiency Act of 1991 (ISTEA), there was a Federal requirement for
States
to develop a Safety Management System and the focus was on improving
Traffic
Records and Crash Data.
* Massachusetts began the process to upgrade the crash data
collection
and reporting process in 1995 to meet the Federal requirements. There
were
necessary data elements that were to be collected under this new process
and
were incorporated into the new crash report form. In.addition, a new
modern
technology database was developed for the RMV. This effort was to
improve
upon the efficiency of the data entry process and accuracy of the data
elements recorded.
* The Crash Records Coordinating Committee invested many hours to
produce the framework for a new crash data system that would move
Massachusetts to the forefront in the Nation. Each state was undergoing
a
similar effort to improve the crash data collection and reporting
process.
At that time, there were a number of opinions on "best practices" but
none
of them had been tested to prove to be the best solution for
Massachusetts.
The final product that was generated met the needs of the end users of
the
data and assisted the Registry in accomplishing the time consuming task
of
collecting, reviewing and entering the crash data.
* It took many months of evaluation and training on the new system
at
the Registry, with significant testing and adjustment along the way,
before
% 4 ft,
3
things could go "on-line". At the same time, the new Crash Forms were
to be
released for use. This effort also involved many months of evaluation
and
training of the State and Local Police forces in the Commonwealth. The
new
form was released in November 2001.
* The Crash Data System (CDS) has a system of checks and balances
in
place to standardize the location data to the best means possible, as
well
as a number of other built-in features to improve data quality and the
efficiency of data entry.
* However, the new crash forms are more comprehensive than the old
form in an effort to collect the data elements required by the end users
and
suggested by Federal guidelines. Thus, the police took some time to
become
familiar with the new forms and the level of effort required to complete
them.
* In addition to the efforts that have been completed at the
Registry, .
MassHighway has been working on a new Crash Data Reporting System to
improve
upon the Department's abilities to use the data for engineering
purposes.
This project currently under development is aimed at automating the
location
identification process and cleaning up the "raw" data even more than
what is
achieved through the RMV process. The project will automate the process
using programmed GIS tools and using the updated Roadway Inventory File
(RIF) to geo-locate the crash data records and in an attempt to
eliminate
the months of effort that was previously involved in the process.
* We are currently working on the procurement of a commercially
supported address range data set to work in conjunction with the RIF,
which
will dramatically improve our Crash Location matching ability.
* The GIS-based crash location resolution and geo-coding program
is
scheduled to be up and running by summer 2005.
Thanks,
- Bob
Bob Frey
Manager of Statewide Planning
Office of Transportation Planning
Massachusetts Executive Office of Transportation
(617) 973-7449
bob.frey@state.ma.us
4