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Home My WebLink About2005-09-06 Board of Selectmen PacketTown of Reading 16 Lowell Street Reading, ILIA 01867-2685 FAX: (781) 942-9071 Email: townmanager@ci.reading.ma.us MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: September 1, 2005 RE: Reverse 911 TOWN MANAGER (781) 942-6643 The first town-wide Reverse 911 calls were made between August 10, 2005 and August 21, 2005. Attached is a copy of the logs and the message text. We successfully reached 9649 telephones in Reading. This included answering machines and "successful calls." There were more answering machines than "successful calls." Because this was not an emergency, we did not include unlisted phones. We have the ability to do so and will certainly consider reaching those phones in the future. Senior staff are going to meet within the next couple of weeks to review the Reverse 911 process and what we can learn from this initial use. Overall it was very successful, but can certainly be improved. PIH/ps REVERSE 811® - outbound Calling log Session Name: 08/09/05 WATER BAN 8/10/2005 5:09:31 P VAVERY Queued Date: Session Owner: 12249 Status: Closed Number of Calls Queued: Stop Date: 8/19/2005 10:36:44 ListedCriteria: Listed 1 Priority: Residence Criteria: Both ListName: 08/09/05 WATER B Result Totals Result: Total: Answering machine 2555 Successful call 2397 Total Calls Made 4952 Session Messages Session Tvpg Description Message Text Voice 2005 water restriction This is an important informational message from the Town of Reading. Because of extreme low water levels in the Ipswich River, the Board of Selectmen has implemented mandatory Stage 2 Water Restrictions, beginning August 15, and extending until October 31. The restrictions require: odolleven outdoor water dates as are currently in effect. Outdoor water use is limited to handheld devices only. Outdoor water use is limited to the hours of 6 am until 8 am, and 6 PM until 8 PM on your odd or even day. Exceptions are for town parks and athletic fields, commercial enterprises for business use only, and properties wiith wells. Furhter information is on the Town's web page at www.ci.reading.ma.us., through the local press including RCTV, and flyers are available in Town offices and the Library, if you have questions you may contact the DPW at 781-942- 9077 Maximum Retries: 2 Retry interval: 5 minutes Is A Response Required? No Play To Answering Machine? Yes Outbound Calling Filters Page I of 144 Wednesday, August 31, 2005 - potbound golfing too REIIERSE oil' 2ND SESSION _ 08119/05 WATERBAN 9/191200510:47:21 SCSsloll Nallle* Queued Date: SIGMA Queued. 7297 Session owner: Number of Calls Q 8121/2005 7:48:38 P Closed Date: Status: Stop 1 ListedCriteria: Listed Priority'. Residence Criteria: o$ 09105 WATER B ListName: Result Totals Total:, Result:, 2414 Answering machine 93 Busy Call 1114 Call timed out 548 Fax tone detected 845 operator intercept 2283 Successful call Total Calls Made 7297 Session Messages Descri*atiOn Messaee Text message ortant informational me i T,~ Session 2005 water restriction mp se of extre This is an from the Town of Reading. Becau h River, the Board i Voice in the Ipsw c low water levels lemented mandatory stage imp i of Selectmen has beginning August 15, and tions c 2 Water Restr , the restrictions ntil October 31. extending u water il outdoor ater useas limited require: ode w effect. outdoor currently use is lr r water handheld devices only, outdoo and 6 to unti limited the hours of odd or even day. PM until il 8 PM on y arks and athletic are for town. p use Exceptions ial enterprises for business fields, commerc e "th roperties wu wells. F d t p only, an age a information is on the Town's w. the local press throug us. a , . www.ciseading.m including RCTV, and flyers are available in If you have Town offices and the Library. u may contact the DPW at 781-942- questions yo 9077 2 Maximum Retries: 5 minutes Retry interval: is A Response Required? No play To Answering Machine' Yes outbound Calling Filters Include Criteria, List Name 08109105 WATERBAN Ex Exclude Page 1 of 219 Wednesday, August 31, 2005 \J'J APPOINTMENTS TO BECOME EFFECTIVE SEPTEMBER 2, 2005 Human Relations Advisorv Committee Term: 3 years Appointins Authority_ Board of Selectmen Present Member(s) and Term(s) Margaret Soli Paul Kelley Charles McDonald(BOS) Vacancy Nancy M. Najmi Vacancy (School Com.) James Cormier (Police) Candidates: Robert J. Silva 2 Vacancies Orig. Term Date Exp. 19 James Road (01) 2008 56 Sunnyside Avenue (01) 2006 41 Canterbury Drive (03) 2006 ( ) 2007 65 Marla Lane (04) 2007 ( ) 2008 15 Union. Street (05) 2007 *Indicates incumbents seeking reappointment 30-.( HUMAN RELATIONS ADVISORY COMMITTEE Term Three Years Appointing Authoritv Board of Selectmen Number of Members Seven Members - one member shall be a member of the Board of Selectmen or designee; one member shall be the Chief of Police or his/her designee; one member shall be designated by the School Committee; the remaining four shall be a diverse group to the extent possible Mebtintrs Monthly on the second Thursday of the month Authority Board of Selectmen Purpose The Human Relations Advisory Committee shall: e Engage in out reach to such groups which may have suffered from or been the object of such discrimination or may perceive themselves to have been the object of the same; Provide a safe place where individuals or groups may air their concerns or complaints as to the existence of such discrimination or where concerns as to the potential existence of such discrimination within the Town or community at large or the perception thereof may be discussed; Identify perceived problems of such discrimination or human relations conflicts within the Town and be a resource or referral agency to assist the parties or mediate among the parties so as, to the extent possible, permit the resolution of the same at the local level; and e Promote and encourage understanding, tolerance and diversity and the recognition of human and civil rights in the Town and commmunity and sponsor educational programs and the celebrations of events for that purpose. 3o,72... 2Qi5 AUG 32 All 10* 53 APPLICATION FOR APPOINTMENT TO BOARDS/COMMITTEES/COMMISSIONS Name: st 1V6V *~,q' ex-7- (Last) n j 1 /(First) Address: C/ Occupation: i\ cl fi-/' ,p -r Date: e31, C7 C1cS~~ Middl Tel. (Home) -79/- (Work) Tel. (Is this number listed?) # of years in Reading: :2„ A .Are you a registered voter in Reading? Yew e-mail address: YAAca . C~"71 i Place a number next to your preferred position(s) (up to four choices) with #1 being your first priority. (Attach a resume if available.) Advisory Council Against the Misuse and Abuse of Alcohol, Tobacco and Other Drags Aquatics Advisory Board Audit Committee Board of Appeals Board of Cemetery Trustees Board of Health Board of Registrars Bylaw Committee Celebration Committee Commissioner of Trust Funds Community Planning & Development Comm. Conservation Commission Constable Contributory Retirement Board Council on Aging Cultural Council Custodian of Soldier's & Sailor's Graves Finance Committee _Historical Commission Housing Authority d_ /Human Relations Advisory Committee _Land Bank Committee _MBTA Advisory Committee Metropolitan Area Planning Council Mystic Valley Elder Services _Recreation Committee RMLD Citizen Advisory Board Solid Waste Advisory Committee Telecommunications and Technology Advisory Committee Town Forest Committee Water, Sewer and Storm Water Management Advisory Committee West Street Historic District Commission Other Please outline relevant experience for the position(s) sought: ev c a 1, /5P 03' f'~ "q C~~ 1! C? . GA.,, D P2',9 ~ ~?3- Vc. 5'~ /zg' o n i? /-c?-f/V L rev i-e z ® j= 71-he 34t..-.3 Mr. Peter Hechenblikner. Reading Town Manager 16 Lowell Street Reading, Ma 01867 2(D5 AUG 18 AM 10= 33 August 17, 2005 Dear Sir, ids ~b CA1 °A ~1w S,\~)L/ I' %OOR I respectfully ask the Board of selectmen to consider me as a full or part-time member to the Human Relations Advisory Committee. I was an original member and remained an active participant until my retirement in April 2005. I am very interested in working with the committee as advisors to the. Board of Selectmen on issues dealing with human relations. Respectfully Yours, Robert J. Silva 45 Ash Hill Rd Reading, Ma 781-944-7308 3CL-y RMLD CITIZENS' ADVISORY BOARD Term Three years Appointing Authoritv Board of Selectmen Number of Members Five Members - One from Reading, one from North Reading, one from Lynnfield and two from Wilmington. The three year terms are staggered Meetings CAB meets once a month in the evening and rotates its meeting locations among the four towns. Authoritv Purpose The Cable Advisory Board reviews and makes non- binding recommendations to the RMLD Board on budgets and financial matters including rate setting as well as other policy and operational matters. CAB members also serve as liaisons to the communities they represent and specifically to the Board of Selectmen. 3b 2105 AUG 32 PH A APPLICATION FOR APPOINTMENT TO BOARDS/COMMITTEES/CO SIGNS Name: ~441-GJ Date: (Last) (First) (Middle) g Address: ms- Tel. (Home) 7~~ Tel. (Work) (Is this number listed?) (/,'s "mss . Occupation: /Od177e-l- # of years in Reading: /a • ,5 Are you a registered voter in Reading? e-mail address:1?Y1'©h e~~~~ CUl~~~C~sZ= Place a number next to your preferred position(s) (up to four choices) with #1 being your first priority. (Attach a resume if available.) Advisory Council Against the Misuse and Abuse of Alcohol, Tobacco and Other Drugs Aquatics Advisory Board Audit Committee Board of Appeals Board of Cemetery Trustees Board of Health Board of Registrars Bylaw Committee Celebration Committee Commissioner of Trust Funds Community Planning & Development Comm. Conservation Commission Constable Contributory Retirement Board Council on Aging Cultural Council Custodian of Soldier's & Sailor's Graves Finance Committee -Historical Commission -Housing Authority Human Relations Advisory Committee -Land Bank Committee _MBTA Advisory Committee Metropolitan Area Planning Council _Mystic Valley Elder Services Recreation Committee i--RMLD Citizen Advisory Board Solid Waste Advisory Committee Telecommunications and Technology Advisory Committee Town Forest Committee Water, Sewer and Storm Water Management Advisory Committee West Street Historic District Commission Other Please outline relevant experience for the position(s) sought: J 3b2 1,EGAL:NOTIC~: . R A.. ,pry ~ l'o:•.tFi:e lihabit'anta•;°:o~~.~~ae' Tdwn,•of R. ad.ing:': 1 You arE heretay n6t6ffdd,.16t' r = s an :appl cat on. for':a - ' sfd .:1of a Rackag .Store all.- alco is license. has been applied; for;, Bu a's Fteadin _f u rs;: Ir"c: d/bla .B'usa'.s'Re`atng •4icio 5.:: . T h:q a0pl.j:c.at o'~ < t . e premises'::at-W'a rr~,ti ."Fleadin,g;; Ma.asachu'set, Ufider'the.provisions: of:-(.h p. `r• 138;..orl:."•:15:'`•;of' Massachusetts Gener'ah.t.: s., w...d a_. pub(a.c.:hearing-.wl.ji,aa coricerniri ;uel ; .applicatfox y t..h.e:: B'o a r l : of S e''I: e at n.e.n on Toes ay,::.Sept0 6e 6, 29 ? fat:. I . 00. p m.."V.the :S. lecth : s . Meetan:g. R:ao,m;,` 16 . Street;. R.aY.: i O ass S;.: ' 1['rnterested parti tl- ppear 1!~ person, rna $t'Sit tM;eir,oz~jmrtienfs in :wr4tin'Tg,; r crs~ ~►1'!a.~C• to.wr.rri,an~,g,e i y Y 'ci?readirigrC~a g~ ord±r f A.P:.eter;l: He_c'tifibl~A, Tow;t1 ~leri,~ L' ~ zip. TOWN OF READING ST x2180 ABUTTERS LIST C,TY MA 01880 STONEHAM MA 01940 .DDRESS WAKEFIELD MA 02114 M'AILi N L L 01857 TOWN A STREET LYNNFIELD MA 01864 819/2005 ~WNER7 - ' - 1 LAFAYETTE BOSTON MA 01801 SUMMER S?BEET 10TH FLOOR WILMINGTON 55ONE CONGRESS ST NORTH READING MA 02111 BOARD 121 GLEN ROAD MA STREET WOSURN DW NEB PLANNING CT 25C NNING BOAR 235 NORTH STREET BOSTON STATE OWN ZIP (AP:;53 WAKE µELD COMMO P NNING BOARD OM. DEV. 10 N QW N_ 01$67 MPLE OWN CITY MA 02130 LYNNFIELDPLA 60 TE STREET MASS DEPT OF L NNING BOARD READING MA pi 867 WILMINGTON P G PLANNING BOA OWN ADDR MA 01867 NORTH READING R PO BOX 672 READING WOBURN PLANNI NNING BOARD OW NER2 REALTY TRUST BORWAY MA 01867 LA 500 AR STREET REAPING READING MA 41867 METRO AREA P DANtS READING 232 ASH TRUST STREET MA 02886 gWNER1 TR ESTATE 25 H AVE N READING RI 01867 DAMS GEORGE E' AUTHORITY JCM REP`L 3 AVON ST # 226 W ARW icy, MA 01867 10 BAY TRANSJ TRUSTEE TRUST 218 ASH MA 01867 PROP READING 246045000000401 MASS AVON ST REAL DEPT AVENUE READ LIGHT DELP~RS LIGHT 50 SERVICE MA 01867 BARB A5 STEVEN 3 2460450040000030 REAp1NG MUNICIPAL THOMAS ETA MUNICIPAL 22 BOLTON ST REAPING MA 01867 2460440000000i00 QUGH 231 ASH ST opo00401s0 BUGKBOR READING MA 01867 246044 TOWN OF READING SANDRA M 231 ASH ST STREET READING MA 01867 2460430000000098 Pic REALTY MA, INC. HERLiHY 20 BOLTON READING 000000004& MA 01867 246044 NAPOLI tLLEANA ANJU PATEL 208 ASH ST READING MA 01867 2460550000400500 HERUHY RICHARD F 15 AVON ST READING MA 01867 2460550000000380 RVIND B LIGHT DEPT RTIN 16 BOLTON ST READING MA 4000400090 PATEL A UERITE MA VIEW RD 02886 246043 MUNNIS JAMS DING MRRG BURKE 4i LONG READING RI ois67 246043000000()09B TOWN OF REA DIANA S LONG 219 ASH ST WARWICK MA oi867 2460550000000390 MARTIN HERMAN N W ANDA 2o2 ASH 5TREE 2 ENUE READING MA 01867 464410000000034 WiLUAM FRATUS ETAL 50 SERVICE AV READING Oi867 24604304()0()00480 BURN (3BURTON DI MA MARIAN A ARE ULLtAN 12 BOLTON ST 2460550()IIOO00400 LONG pEFIORE L L E) 17 AVON 5T READING READING MA MA 01867 01940 2460430000000100 Y MILDFtED BRIDGET C SUMNERAN 211 ASK ST READING o1 $67 MEL RE MA, INC. KAREN A WESTERM NIA 246043d00000010A PJC A1-TY 8 BOLTON ST LYNNFIELD MA ()1867 2460440000000020 MNER NEIL J 198 ASH ST READING MA 01867 N JOSEPH P KARIN A CONROY 7 BISHOPS LN READING 01867 2460550400000490 WES.SON VENS III 23 AVON ST MA_ 24fi055o000p0o074 WAl FREDJ TRUST READING MA ()j 867 24.0430000 CONROY MARK W ELSTAN 4 BOLTON ST READING MA 03o87 24604300()0400110 LES E 25 AVON ST READING NH 03487 AHLIN JEFFREY H g45 MAIN ST CHAR 2460550000p0()Oi0 GOODHUE JANET L BNICHOLS WINDHAM NH 2460440000 GARLAND JANET aOFFIO~ REALTY TRUST 31 AVON ST 33102-0783 000()000200 PO BOX 364 W INDHAM FL 01940 246043 FULCINITI JOANNE C' BOX 360 MIAMI MA 02113 20 0015 MA ()2184 2460430000000060 NICHOLS BENJAMIN E CDWALDS COB? PO BRUCE CIO M PO BOX 020783 LYNNFIELD 2460550000000434 BERGER BOSTON MA 01867 2460430000000050 FASO BARBARA G F JR KING #3957 7 BISHOPS LN BRAINTREE MA o1 s67 0()0000025C ER BURT 010 BURGER 376 NORTH ST READING MA 02113 246453 FAULKN ELSTAN TRUST 135 WOOD R 246043p000000040 413 MAIN STREETLLC REAp1NG MA ()1867 THE RESTAURANT UNITS CORP 323 MAIN ST 2460550004000450 HUE CHARLES E STREET BOSTON MA 01867 2460550000000230 GOOD ALE SEPPE TRUST 315 MAIN ST READING MA 01890 2460530000000258 GAL L-0 & P REALM 376 NORTH READING 0000000GALL-0 MATT TRUSTEE TRUST 02148 LUKE 495REAL INC VIEW NOMINEE 36o MAIN ST WINCHESTER M 246043 A 30 KANTOROSINSKI ZBIGINCW OCEAN 348 MAIN ST 24604300440400 MALpEN 2460530000000260 M & N REALTY COTRUSTEE PO BOX 724 EO USTEE REALTY TRUST STERN AVE 2460430000000130 GALL MATT REALTY TRUST 435 ER OLAS p EPOT HOLDINGS 2460430000000140 ALL OS NICH PAN 24644 0000000020 AL TRS Ci0 W ASH D HAMMED E`T 2460530000000220 JOLYAKBARIANJAMES MOHAMMED 246043()()00040184 W ASH DEPOT 1, 2460530000000230 8!912005 TOWN OF READING ABUTTERS LIST 2460430000000150 MPG INVESTMENT LLC 324 MAIN ST READING MA 01867 246043000000017B SUPINO MARK A TRUSTEE THE MJJ REALTY TRUST 334 MAIN STREET READING MA 01867 2460530000000210 READWIN ASSOCIATES LIMITED PARTNERSHIP 576 MAIN ST WOBURN MA 01801 2460430000000160 CAPIAU PHILLIPPE T ETAL TRS SMART REALTY TRUST 328 MAIN STREET READING MA 01867 246043000000017A FLYNN MARY A 340 MAIN ST READING MA 01867 2460350000000510 MINOT STREET LLC 185 MAIN ST STONEHAM MA 02180 2460350000000490 POWER TEST REALTY CIO GETTY PETROLEUM MARKETIN 1500 HEMPSTEAD TURNPIKE EAST MEADOW NY 11554 2460530000000190 MCNAMARA STEPHEN M MCNAMARA MARGARET L 13 EDWIN ST READING MA 01867 2460430000000170 GIBSON CLIFFORD J RUTH A GIBSON 19 MINOT ST READING MA 01867 2460350000000500 MINOT STREET LLC 185 MAIN ST STONEHAM MA 02180 2460430000000190 PASCUCCIO MARIO ETAL TRS M AND D MINOT ST REALTY TR 690 MAIN ST WOBURN MA 01801 2460420000000520 MELKONIAN ALAN TRUSTEE 10 MINOT STREET REALTY TRUST 10 MINOT ST READING MA 01867 2460530000000180 HUGHES SHIRLEY A 12 EDWIN STREET READING MA 01867 2460530000000140 FERRARI ROBERT J MARIE B FERRARI 20 CROSBY RD READING MA 01867 2460530000000130 JENKS CAROL J (LE) KEVIN R JENKS ETAL 18 CROSBY RD READING MA 01867 2460350000000520 MINOT STREET LLC 185 MAIN ST STONEHAM MA 02180 2460530000000200 EMMONS CHARLES L STEPHANIE A EMMONS 7 EDWIN STREET READING MA 01867 2460530000002330 JONES DANIEL J JR JONES DIANE M 33 MINOT ST READING MA 01867 2460420000000370 O'BRIEN JOHN J JR CAROLYN E O'BRIEN 24 MINOT ST READING MA 01867 246042000000050& DOUCETTE EDWARD MARION DOUCETTE 18 MINOT ST READING MA 01867 2460530000000170 MCGRATH EILEEN A JAMES B MCGRATH 8 EDWIN ST READING MA 01867 2460530000000150 DENNEHY JOSEPH H ROSEMARY E DENNEHY 17 CROSBY RD READING MA 01867 2460530000000030 OLIVARDIA ROBERTO SHARON M OLIVARDIA 41 MINOT ST READING MA 01867 2460420000000360 STACK EDWARD G JR CHERYL A STACK 28 MINOT ST READING MA 01867 2460420000000490 COOPER JAMES D JUDY A COOPER 7 PINE AVE READING MA 01867 2460420000000350 MACLEOD WILLIAM A LOUISE D MACLEOD 2 KENISTON RD LYNNFIELD MA 01940 2460420000000380 MURRAY MILDRED L RICHARD M MURRAY 28 PARK AVE READING MA 01867 2460530000000040 HODGKINS DONALD R 49 MINOT ST READING MA 01867 2460420000000530 MACAULAY PETER F ANNA M MACAULAY 12 PINE AVENUE READING MA 01867 2460530000000050 GALVIN JOHN J KREN M GALVIN 55 MINOT ST READING MA 01867 2460420000000160 KAJANDER ROBERT SCOTT JUDY BAROLAK KAJANDER 2 CENTER AVE READING MA 01867 246042000000047& DOHERTY KATHERINE H 13 PINE AVE READING MA 01867 2460420000000390 CHUNG KEVIN A LISA B JACKSON-CHUNG 32 PARK AVENUE READING MA 01867 2460420000000340 MCINTYRE MARY KAY MICHAEL S MCINTYRE 25 PARK AVE READING MA 01867 2460420000000400 BURROWS CHARLES F CHERYL A BURROWS 34 PARK AVE READING MA 01867 2460420000000150 CAPORALS ANTHONY R TINA CAPORALE 50 MINOT ST READING MA 01867 2460420000000170 HUNT THOMAS S 8 CENTER AVE READING MA 01867 246042000000032& COFFILL HELEN I HELEN I COFFILL 31 PARK AVE READING MA 01867 2460530000002350 KIM SARAH /J BERNARD KIM 35 MINOT ST READING MA 01867 /Aoq U CERTIFIED BY THE READING BOARD OF ASSES ORS: PREPARED BY: G r _ j w t~tt! ra / y -Al -~GREEN:STREET-.._...-. ,N W\ .N I V-1\ oNS~aE6~" AS~{R.iGZ ; eTpE~T ......._...._..._.WASMNGT9N.S7AEeT_ 4 ` 1 eyA ..6 STREET w N z \ m /~.._......,,~.._-PWEVAIE.AVENU , 0 I 4 I~ I t, I t' ; 4~ 1 r II II 's II r ~ II I i• i ~ II II II II II II . ,I I I 44 \ II ~I f I ii II If I' I THE COMMONWEALTH OF MASSACHUSETTS ALCOHOLIC BEVRRAGES CONTROL COMMISSION License Number FORM 43 Reading C#ygown Date Jj Re of Transaction (Please check all relevant transactions) ( ) New License () New Officen Director () Pledge of License Transfer of License () Change of Location () Pledge of Stock ( ) Change of MgWer () Alter Premises () Other ( ) Transfer of Stock Busa's Reading Liquors, Inc_ Name of licensee FM of Licensee Busa's Reading Liquors Daniel P. Busa, Jr. DB /A Manager 4jj Ka�R Street, Reading, MA 01867 A s: ' umber Street Zip Code Annual All forms of alcoholic beverage pat-kaQP Store Annual or Seasonal Category: Am Alcobol, wine a 1rtalt Type: Reswu mt, aub, Package store, hm, oenatal on Prwdw, Btc. Description of Licensed Premises: zd5- N&IN Street, Reading-, mA 01267 0 - alcohol to be QQ @onsumed off site First floor - approximately 5,668 square feet, front Applicationwas filed: At,g_ 9, 005 _ 'g :47 'am Advertised.: August 16. 2005 - Chronicle Date & time Data & Publication Abutters Notified _x Yes No Person to contact regarding this transaction: Name: Rubin, Weisman, Colasanti, Rajko & Stein Address• 430 Bedford Street, Lexington, MA 02420 Phone #: 781 - 860 -9500 The Local Licensing Authorities By: Alcoholic Beverages Control Commission Effen Mor at ty Zqcutive Director Remarks: yam, s e TSB COMMOMALTH OF MASSACHUSETTS ALCOHOLIC BEVBRABES CONTROL COMMISSION Application for Alcoholic Beverage License for Retail Sale City /Town: Rradincr )New License ( ) New Officer /Director :()Transfer of License ( ) Other ) Transfer of Stock (Specify) Name to appear on the license: Busa I S Readincl Li Business-name (d/b /a),.if different: Manager of Record: FID of License Address of Premises; Street: Zip code: Phone number of premises: ( 7131 ) . Type of license: (check only one) _Club Package store Veterans-club _General on premise Restaurant Other _Innholder Tavern (Specify) License Category:. _A11 Alcoholic _Wine and Malt _Malt only Wine only Wine and Malt with Cordials Permit License Class: Annual _Seasonal Person (attorney if applicable) who can be contacted concerning this application: Name: Rubin, Weisman, Colasanti, Rajko & Stein LLP Address: 430 Bedford Street Lexington, MA 02420 Phone number: (7R11 Rfn_95nn . Give a full and complete description of the premises to be licensed, including location of all entrances and exits: 5,668 sQ ft_* see attached plan (outlined in red) a. Seating capacity: Occupancy number: Applicant is an: Association x Corporation _Individual _Partnership _Non- profit corporation 1/95 A 8. If applicant is an individual or partnership: Liet,for 4"AIVIaual qr eaca parcnar. Full Name Home Address D.O.B. SSN stock Be. Is individual or are all partners United States citizens? `Yes No If no, specify citizenship: 8b. Is individual or are all partners involved at least twenty -one years old? _Yes No 9. If the applicant is a corporation, complete the.following: State of Incorporation: Massachusetts Date of Incorporation: 4/27/05 Fiscal Year Ends: 12/31 Date qualified to do business in MA: 4/27105 9a. How many shares of stock are authorized? - 275, 000 How many shares of -stock are issued?1 , 000 Provide in the box below the names of all officers, directors, stockholders and manager. nas • �.. i..A <..�� Aire ntnr 9b. Attach a copy of the vote by the'Soard 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 oe 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 anc - 1'_r. Title Full Name Home Address D.O.B. SSN Shares of stock owned or Title Full Name Home Address D.O.B. SSN controlled Daniel P. 133 Mass Ave. - 1,000 President Buse Jr. Lexington, MA 02420 Treasure Clerk 'Director 9b. Attach a copy of the vote by the'Soard 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 oe 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 anc - 1'_r. Title Full Name Home Address D.O.B. SSN Phone Number 11. *ill there be any construction, remodeling, redecorating or building on the premises for this license? _Yes _X__No (If yes complete a,b,c, and d) a. Give an exact description of the construction, remodeling, redecorating or building on the Premises.: b. What are the estimated costs? c. what is the construction schedule? d. State all sources of construction financing: L2. Do you own the premises? Yes -i L No. If yes; please respond to the question below. As an individual Jointly Name of Realty Trust Name of Corporation Other (specify)' HER [f you are do not own the premises to be licensed, provide tide following information about the owner..) Name: Fa3 iM M n Shia&, ILL' Phone number: ( 781 ) W-1806 Address: 133 M3893d] —As per. Ie gp2g a]. NP, 02420 t2a. If a lease or rental, provide the following •information:s-10 0, 320 OOJPer Year 10/1/05 9/30/15 (month, year, etc.) Beginning date of lease Ending date of lease (provide a copy of the lease.) Option Term unitl 9/30/35 ' �ginaaei�l � teL.e� �,-� ...v. -e •r.+}.�a�A' �nA rnat7 . .3a • -other: non-comnete 15,000- Total Purchase Price. $ .3b. ..s as. --- i..,.7 W Mortgage: $ Furniture: $ Goodwill: $ 24n nnn-nn Equipment: $27,500.00 Inventory: $ TBD License: $ Premise: $ .3a • -other: non-comnete 15,000- Total Purchase Price. $ .3b. ..s as. --- i..,.7 W Mortgage: $ Seller: $ Cash: $ Other (specify) : $ )ocument all sources e.g., -Loan papers, cnecxing accour.Ls, BLOCK sales, CLC -1 .3d. Are you seeking approval for license to be pledged? _Yes &_No �� 8 If yes, to whom? d 3e. Will the inventory be pledged? Yes I X No. If yes, specify to whom 1. 3f.'If a corporation, are you seeking approval Yes X Nc for any corporate stock to be pledged? If yes, identify to whom and identify the number of shares to be pledged. .4. state the following information for all persons or entities who will have any direct or indirect xneficial or financial interest in this license: Pull Name Home address D.O.B: SSN Phone Number Daniel P. Busa Jr. 133 Mass Ave., Lexington, MA Description of Interest Daniel P. Busa, Jr. 781 -861 1.806 Busa Bros. Liquors, Inc. 55 Bedford Street Lexington 100% ben6ficial and financial Daniel P. Busa Jr. Liquor State Road Liquor, Inc. 14s. 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 . Daniel P. Busa Jr. Name license License name and address Description of Interest 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? X Yes :. _No (If yes, provide the following for each person or entity.) YOLI 47 Type of Name license License name and address Description of Interest Daniel P. Busa, Jr. Liquor Busa Bros. Liquors, Inc. 55 Bedford Street Lexington 100% ben6ficial and financial Daniel P. Busa Jr. Liquor State Road Liquor, Inc. 180 B Cambridge Street Burlington, MA 100% Benefindal and financial interest YOLI 47 V i 14c. Has any person or entity named in Question 14 ever held a license or a beneficial interest in a 4icense issued under Chapter 138 which is not presently. held? Yes _X—No (If yes, provide :he following for each person or entity.) .Type of Date ownership Name License License name and address surrendered 14d. Describe how all licenses identified in Question 14c were terminated (e.g. transfer of ownership, ion- renewal, surrender, etc.): Date 1 License I 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 nilitary law? _Yes X No (I£ yes, attach a statement of details.) is.- a. Each individual applicant must sign. b. Applications by a partnership must be signed by a majority of the partners. C. Applications by a corporation must be signed by an officer authorized by a vote of the corporations Board of Directors. d. Applications by an association must be signed by a majority of the members 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 Z.(oih day of uILA Loos. Title reSi den -t The Commonwealth of Massachusetts TheAlcoholic Beverages Control Commission 239 Causeway Street, Suite 200 Boston, MA 02114 FORM A LICENSEE PERSONAL INFORMATION SHEET THIS FORM MUST BE COMPLETED FOR EACH: A. NEW LICENSE APPLICANT B. APPOINTMENT OR CHANGE OF MANAGER IN A CORPORATION Telephone: 617 - 727J040 FAX: 617- 727.1258 X_ C. TRANSFER OF LICENSE (RETAIL ONLY -SEC. 12 & SEC. 15) (Please check which transaction is the subject of an application accompanying this Form A.) 1. 2. 3. •4. ALL QUESTIONS MUST BE ANSWERED, AND TELEPHONE NUMBERS PROVIDED OR APPLICATION WILL NOT BE ACCEPTED. LICENSEE NAME Busa's Reading Liquors, Inc. d /b /a Busa's Reading Liquors (NAME AS IT WILL APPEAR ON THE LICENSE) NAME OF (PROPOSED) MANAGER Daniel P. Busa, Jr. SOCIAL SECURITY NUMBER HOME (STREET) ADDRESS _ 133 Mass Ave., Lexington, MA 02420 5. AREA CODE AND TELEPHONE - NUMBER (S): (Give both, your home telephone and a number at which you can be reached during the day). DAY TIME # 781- 861 -1806 HOME# 781- 863 -5967 6. 1 PLACE OF BIRTH: B. REGISTERED VOTER: X YES NO 9. ARE YOU A U. S. CITIZEN: X YES 7. DATE OF BIRTH: 8A. WHERE ?: Lexington 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) 1 . 11. FATHER'S NAME: 12. MOTHER'S MAIDEN NAME: 13. IDENTIFY YOUR CRIMINAL RECORD, (Massachusetts, Military, any other State or Federal): ANY OTHER ARREST OR APPEARANCE IN CRIMINAL COURT CHARGED WFfH A CRIMINAL OFFENSE REGARDLESS OF FINAL DISPOSITION: YES _ X NO (MAST CHECK EITHER YES-OEM) IF YES, PLEASE DESCRIBE OFFENSE (S) SPECIFIC CHARGE AND DISPOSITION (FINE, PENALTY, ETC.) 14. PRIOR EXPERIENCE IN THE LIQUOR INDUSTRY: % YES NO IF YES, PLEASE DESCRIBE Owner of Busa Bros- T.i aimyg jnC (TA np-nme still held' 15. FINANCIAL INTEREST, DIRECT OR INDIRECT, IN THIS OR ANY OTHER LIQUOR LICENSE, PERMIT OR CERTIFICATE: X YES NO IF YES, PLEASE DESCRIBE: 1 nn% gen®fi :ial and Financial Interest in Busa Bros. Liquors, Inc. d /b /a Busa Liquors and State Road Liquor Marry TMC (Liquor TAc-p33nea) 16. EMPLOYMENT FOR THE LAST TEN YEARS (Dates, Position, Employer, Address and if known, Telephone Numbers): Manager and Owner of Busa !Licruors 5.5 Bedford St Lexington MA.a�g62_igo (over ten years) Manager and owner Lof272 Busa r�LOiquors 1p800 R Cambridge Sty 17. H80RS �EE WEk aBW; ON THE LICENSED PRE 1199 `:s) AAt�x _ 40 houria 18. !HEREBY THAT NDE EP D PENALTIES OF PERJURY THAT THE INFORM A ON HAVE IS PLICATION IS TRUE TO THE BEST OF MY KNOWLEDGE AND BEL F. BY: ppol !Mr-EN MMIMGNATURE. OAT F. LESWAUREEN .I"gMEEMFORMSIFORMA -VVM 9/99 z TOWN OF Reading July 12 1W 2005 r•._� TO THE LICENSING BOARD The under signed ilcenss� . »�-�^...».. »�I3$...$.Q..�. w ».d4bla...:.n..�... LuOr..�.«.:a ».a.»»»:� ...... respectfully petitions for;;a- Wrafer of the alcoholic beverages license now exercised by the said licenses at the following address: (if present licensee Is a corporation, fill In the following paragraph) The said licensee Is a : orporation duly orgentzed under the laws of the Commonwealth of Massachusetts, and Its officers, directors and stockholders, their residences, and shams owned by each are as follows: FROM: (PLACE AN • BEFORE THE NAME OF EACH DIRECTOR) (NAME) (ADDRESS) (SHARES) 7885 is President ».It r�a�ash. »Bn..rq :...........�.. 41....BrP. t�alz7t...Ena f6 ... #.2.ti _�I ..Haw or�,�... _ Q 6119 1! Q _ -Jr 1r- .Rr.�ex..........__ 15_S. a�T.>�a �1� ».L�aae.... lingtA�D.r MA.. Q.�.fl� ... 10 ark FROM: (NAME) (If present licenses is an Individual or a partnership, fill in the following) (ADDRESS) (If proposed transferee Is a corporation, fill In the following paragraph) The proposed transferee Is a corporation duly organized under the laws of said Commonwealth, and Its officers, directors and stockholders, their residences, and shares owned by each are as follows: TO: (PLACE AN • BEFORE THE NAME OF EACH DIRECTOR) (NAME) (ADDRESS) (SHARES) Daniel P. Bu...... . _133 Ma 9•M }�zq, ,•,•P�y �_ -• ing Q ,�•• 02420 .._..__. _.e_....._..._............ President -Zaai a1- ..P..... Buss,,._ Jr ;. „... 33 - �Qaeaavhu s® s. Avsy.., .I,exir�g n.r...•MA 0242 Q Treasurer Dare #e� P� -Bess- 3r. X33 i► �rs9aerase�t�s ... AV%- -.•i-•irexirtgtcm;_•i4A 02420 Clerk .. ..................... .........._................... ._ ........ .................... »...... (If the proposed transfer** Is an Individual or partnership, fill in the following paragraph) TO: (NAME) (ADDRESS) Th* above named proposed trap hemby jot tlon for tm of said license, and respectfully petitions the Board to grant such transfer. _ , A SWUM (F PRICM �d..r ....» �...»..._»....._»_. _..__..........._..._ » » »._.. ».. TRUFM (K a r*oraUon, by Its a taU . If a partnamhlp, all partners must sign) OF imm9m ... _.. .... _.... _. (If a corporation, blifts suthorize l rarshlp, . hpsf rrs must sign) FORM 983 Y4.4311 Commonwealth of Massachusetts County of Middlesex The following is a copy from the Record of Births in said City: WON. N Date of Birth Name of Father Maiden Name of Mother Place of Birth Residence of Parents City of Cambridge Sex �tA C. & Color -' Father's Occupation Birthplace of Father Birthplace of Mother Date of Record D �c1Q- I do hereby certify that the above is a true record from the Record of Births in the custody of the City Clerk. Volume 3 Folio Record Number SA Lo In witness whereof, I hereuntc) set my hand and seal of said City, this CI? day of 4S G-r�,`3tC- tribC'r"m the year nineteen hundred and testa o f1 City Clerk. k/0-0 I Y D � C ucmanlveaIzb of Muoubuotzzo WMkm Francis Galvin Secretary of the Commonwealth One Ashburton Place, Boston, Massachusetts 02108 -1512 FORM MUST BE TYPED Articles of Organization FORM MUST BE TYPED (General Laws Chapter 15613, Section 2.021950 CM R 113.16) ARTICLE I The exact name of the corporation is: Busa's Reading Liquors, Inc. ARTICLE H Unless the articles of organization otherwise provide, all corporations formed pursuant to G.L. Chapter 156D have the purpose of engaging in any lawful business. Please specify if you want a more limited purpose: (a) To establish and operate a retail store selling alcoholic beverages and other goods and services; and (b) To engage in any lawful business. ARTICLE III State the total number of shares and par value, " if any, of eadr class of stock that the corporation is authorized to issue. All corpo- radons must authorize stock If only one dass or series is authorized, it is not necessary to specify any particular designation. WITHOUT PAR VALUE WrM PAR VALUE TYPE NUMBER OF SHARES TYPE NUMBER OF SHARES PAR VALUE Common 275,000 None None None 81:110 L Z �-MV Sal *GL Ch*ftr 156D elimixa a dw connpt of par w&A however a cmporntlox may par adm in Ar&k Ill. See G.L. C159w 156D, Section F21, and the commm& rdadw tbenta A 13 0 3 8 31b'J,S A0 )MV13803S �QiI P. C. ARTICLE IV Prior to the issuance of sharer of any class or cedes, the articles of organization must set forth the preferences, limitations and rela. dve righn of that clans or series. The articles may also limit the type or specify the minimum amount of consideration for which shares of any class or series may be issued. Please set forth the preferences, limitations and relative rights of =6 class or series and, if desired, the required type and minimum amount of consideration to be received. None. ARTICLE V The restrictions, if any, imposed by the articles of organization upon the transfer of shares of any class or series of stock are: See Continuation Sheet 5A. ARTICL&VI Other lawful provisions, and if there are no such provisions, this article may be left blank None. Non: TTx preredirgsix (6) aracla an comidend m k permanent and may be changed only by filtnY 4PPm ?riaa a dclu of amendment. YG.► b rje CommoulutaUb of Maggacbuouto William Francis Galvin Secretary of the Commonwealth One Ashburton Place, Boston, Massachusetts 0210&1512 Attachment Sheet Buss's Reading Liquors, Inc. Articles of Organizarion Continuation Sheet 5A Restrictions on Transfer Any stockholder, including heirs, assigns, executors or administrators of a deceased stockholder, desiring to sell or transfer such stock owned by him or them, shall first offer it to the corporation through the Board of Directors, in the manner following: S/he shall notify the directors of his or her desire to sell or transfer such stock by notice In writing, which notice shall contain the price at which s/he is willing to sell or transfer and the name of one arbitrator. The directors shall within thirty (30) days thereafter; either accept the offer, or by notice in writing, name a second arbitrator, and these two (2) shall name a third. It shall then be the duty of the arbitrators to ascertain the value of the stock, and If any arbitrator shall neglect or refuse to appear at any meeting appointed by the arbitrators, the majority may act in the absence of such arbitrator. After the acceptance of the offer, or the report of the arbitrators as to the value of the stock, the directors shall have thirty (30) days within which to purchase the same at such valuation, but if at the expiration of thirty (30) days, the corporation shall not have exercised the right to so purchase, the owner of the stock shall be at liberty to dispose of the some in any manner s/he may see fit. No shares of stock shall be sold or transferred on the books of the corporation until compliance with these provisions has been completed but the board of directors may in any particular instance waive the requirement. Upon compliance with provisions restricting the transferability of shares of stock, If any, transfers of shares of stock of the corporation shall be made only on the stock transfer books of the corporation by the record holder thereof, or by his or her attorney thereunto authorized by power of attorney duly executed and filed with the Clerk of the corporation or with a transfer agent or registrar, if any and on surrender of the certificate or certI icates for such shares of stock properly endorsed and the payment of all taxes due thereon. ga17 ARTICLE VII The effective date of organization of the corporation is the date and dine the articles were received for filing if the articles are not rejected within die time prescribed by law. If a later effective date is desired, specify such date, which may not be later than the 90th day after the articles are received for filing None. ARTICLE VIII The information contained in this article is not a permanent part of the articles of organization. a. the scneet address of the initial registered office of the corporation in the commonwealth: 133 Massachusetts Avenue, Lexington, MA 02420 b. The name of its initial registered agent at its registered officc Daniel P. Buse, Jr. c. The names and street addresses of the individuals who will serve as the initial directors, president, treasurer and secretary of the corporation (an address need not be specified if the business address of the officer or dinxtor is the same as the principal office location): President: Daniel P. Buse, Jr. Treasurer; Daniel P. Buse, Jr. Secretary: Daniel P. Buse, Jr. Director(,): Daniel P. Buse, Jr. d. The fiscal year end of the corporation: December 31 e. A brief description of the type of business in which the corporation intends to engage: Retail store selling alcoholic beverages and other goods and services. E The street address of the principal office of the corporation: 133 Massachusetts Avenue, Lexington, MA 02420 g The street address where the records of the corporation required to be kept in the commonwealth are located Is: JAR a astRachugattH Avani in, I mdn W, MA Q2420 , which Is (member, Jeer; city or taunt, note, rdp code) • its principal office; • an office of its transfer agent-, • an office of its sec etarylassistant secretary; • its registered office. j � � I y ,1 S COMMONVTALTH' OF MASSACHUSETTS William Francis Galvin Secretary of the Commonwealth One Ashburton Place, Boston, Massachusetts 0210 8-1512 Arddes of Organization (Genmal Laws Chapter 156D, Section 2.02; 950 CMR 113.16) Ihmbyoer* dmt uponuamtnadonofdumarddesoforganizadon, dulysubmittad ro me, itappemd= thepwvisionsoftheGenemlLonreladvem theogpnEmdonofcorpo- radon have been complWwW and I hetehyapprove aald arddes, and the fihngfix in the amountoft---havingbernpald, saWaiddesaredwmedtohavebemgedwithmethis day of 20 , at a.m. /p.m. Sims Effective date: _ (neat be within "dap ofdate rubmitt 4 WILLIAM FRANCIS GALMN Secretary of * Comnroraaa kb Examiner. Filing fee:' $275 for up to 275,000 shares plus $100 for each additional 100,000 shares or any fraction thereof: Name approval TO BE FILLED IN BY CORPORATION C Contact Infonaadon: M Christine N. Fletcher, Esq. Telephone: 781- 880 -9500 Upon Sling, a copy of this filing will be available at wwwimstate ma.usloor. If the document is rejected, a copy of the rejection sheet and rejected document will be available In the rejected queue. go.oi9 BUSA'S READING LIQUORS, INC. Written Consent in Lieu Of MeetiU of Directors The undersigned, being the sole Director of Busa's Reading Liquors, Inc., a Massachusetts corporation (the "Corporation "1, does hereby consent, pursuant to Chapter 156D, Section 8.21 of the Massachusetts General Laws and the bylaws of the Corporation, to the adoption of the following resolution with the same force and effect as if duly adopted at a regularly called meeting of the Directors of the Corporation: RESOLVED: To elect Daniel P. Busa, Jr. as manager of the liquor store located at 345 Main Street, Reading, Massachusetts operating under the name Busa's Reading Liquors, Inc. d/b /a Busa's Reading Liquors. Dated this 26th day of July, 2005. OL t{a. Zo 1— Demised Premises and Lease Term 2 — Rent 3 -- No Counterclaim or Abatement 4 Use of Demised Premises 5 — Condition of Demised Premises 6 — Maintenance and Repair 7 — Alterations and Additions 8 — Impositions 9 — Compliance With Requirements 10 — Liens 11— Permitted Contests 12 — Utility Services 13 — Insurance 14— by Lessee 15 — Damage or Destruction 16 — Taking of the Demised Premises 17 — Quiet Enjoyment 18 —Right to Cure Lessee's Default 19 — Events of Default and Termination 20 — Repossession 21— Reletting 22 — Assignment of Subrents 23 — Lessee's Equipment 24 — Survival of Obligations; Damages 25 — b tme ion 26 — Waivers 27 -- Lessor's Remedies Cumulative 28 — Assignment and Subletting 29 —ftordination andA t 30 EntLybyLessor 31-- Option to Pu dmw 32 -- Conveyance by Lessor 33 — No Merger of Title 34—Acc"=ofSunwdcr 35 — End of Lease Term 36 — Option to Extend Lease Term 37 — Brokerage 38 — Definitions 39 — Notices 40 — Additional Rent 41— Misoe](aneous qa. ?.Z.- 2 I MAIL" LEASE, dated July 26, 2005, between Reading Main Street, LLC, a Massachusetts Limited Liability Company organized in Massachusetts on May 17, 2005, having an address at 133 Massachusetts Avenue, Lexington, Massachusetts, 02420 ( "Lessor"), and Buaa's Reading Liquors, Inc, a Massachusetts- Corporation-as filed with the Secretary on April 27, 2005, having an address of 133 Massachusetts Avenue, Lexington, Massachusetts 02420 ( "Lessee "). 1. The Demised Premises and Lease Term In consideration of the Rent hereinafter reserved and the terms, covenants and conditions set forth in this Lease to be observed and performed by Lessee, Lessor hereby demises and leases to Lessee, and Lessee hereby rants and takes from Lessor, the premises located at 345 Main Street, Reading, Massachusetts (see area outlined in red on Exhibit A attached hereto) together with the right to use in common, with others entitled thereto, the hallways, stairways, necessary for access to said leased premises including all rights of way or of use, servitudes, licenses, tenements, appurtenances and easements now or hereafter belonging or pertaining to any of the foregoing; TO HAVE AND TO HOLD the Demised Premises unto Lessee, and the permitted successors and assigns of Lessee, upon and subject to all of the terms, covenants and conditions herein contained, for a term (the "Lease Term') of ten years, commencing on October 1, 2005 and expiring on September 31, 2015, unless the Lease Term shall sooner tetminate pursuant to any of the conditional limitations or other provisions of ibis Lease. At the conclusion of the Lease Term, Lessee has the right to extend the lease for four additional five (5) year beams ("Option Terms'). Option Terms shall be effective upon the receipt of written notice fioom the Lessee to the Lessor no later than thirty (30) days prior to the expiration of the previous term, irrespective of whether the expiration is a Lease Term or Option Tenn. 2. Rent Lessee covenants to pay to Lessor as a net minimum react (the "Fixed Rent`) during the Lease Term„ and any extensions thereof, as set forth: Beginning on October 1, 2005, Lessee hereby agrees to pay $106, 320.00 for the term of the first year rental of the lease. Subsequent to September 30, 2006, and each year until the expiration of the Lease Term or extended term, Lessee's Rent shall be determined in accordance with the Consumer Protection Index established in 2006 cumulatively with the prevailing Consumer Protection Index of the respective year as calculated at the inception of each yearly term of the -Lease together with the amount fixed as rent from the previous year. Said terms shall be applicable to any extensions, including but not limited to any Option terms. The Fixed Rent shall be payable in advance in equal monthly installments on the first day of each calendar month If the Lease Term does not commence on the first day of a month, the Fixed Rent for the month in which the Lease Term commends shall be appropriately apportioned. The first installment of Fixed Rent shall be paid simultaneously with the execution of this Lease. Each date on which Fixed Rent is payable hereunder is hereinafter referred to as a "Rent Payment Date." ga.23 Lessee also covenants to pay, from time to time as provided in this Lease, as Additional Rent all other amounts and obligations which Lessee assumes or agrees to pay under this Lease. I£ Lessee fails to pay any such Additional Rent, Lessor shall have all the rights, powers and remedies provided for in this Lease or at law or in equity or otherwise in the case of nonpayment of rent. All Fixed Rent and Additional Rent (collectively hereinafter referred to as 'Rent") shall be paid in such coin or currency rency (or, subject to collection, by good check payable in such coin or currency) of the United States of America as at the time shall be legal tender for the payment of public and private debts, at the office of Lessor as set forth above, or at such place and to such person as Lessor from time to time may designate. 3. No Counterclaim or Abatement All Rent shall be absolutely net to Lessor so that this Lease shall yield to Lessor the full amount of the installments thereof throughout the Lease Term without deduction. All Rent shall be paid to Lessor without notice, demand, counterclaim, setoff; deduction or defense, and nothing shall suspend, defer, dmumsh, abate or reduce any Rent, except as otherwise specifically provided in this Lease. The obligations and liabilities of Lessee hereunder in no way shall be released, discharged or otherwise affected (except as expressly provided herein) by reason of any damage to or destruction of or any Taking of the Demised Premises or any part thereof; any restriction or prevention of or interference with any use of the Demised Premises or any part thereof, any title defect or encumbrance or any eviction from the Demised Premises or any part thereof by title paramount. or otherwise; any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to Lessor, or any action taken with respect to this Lease by any trustee or receiver of Lessor, or by any court, in any such proceeding. any claim which Lessee has or might have against Lessor; any failure on the part of Lessor to comply with or perform any of the terms hereof or of any other agreement with Lessee; or any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not Lessee shall have notice or knowledge of any of the foregoing. Except as expressly provided herein, Lessee waives all rights now or hereafter conferred by statute or otherwise to quit, terminate or surrender this Lease or the Demised Premises or any part thereof; or to receive any abatement, suspension, deferment, diminution or reduction of any Rent payable by Lessee hereunder. 4. Use of Demised Premises Lessee covenants that the Demised Premises shall be used solely for a retail liquor stare and all business related thereto and for no other purpose, unless approved in writing by Lessor. Said approval shall not be unreasonably withheld. qC2.0 -Z Y Lessee shall not do or permit any act or thing which is contrary to any Legal Requirements or Insurance Requirements, or which might impair the value or usefulness of the Demised Premises or any part thereof Lessee shall not use, or allow the Demised Premises or any part thereof or any Impzovements now or hereafter erected thereon or any apputteoances thereto to be used or occupied, for any unlawful purpose or in violation of any certificate of occupancy, and shall not suffer any act to be done or any condition to exist within the Demised Premises or any part thereof, or in any Improvements now or hereafter erected thereon, or on any appurtenance to the Demised Premises, or permit any article to be brought therein, which may be dangerous, unless safeguarded as required by law, or which may constitute a nuisance, public or private, or which may make void or voidable any insurance in force with respect thereto. Lessee shall not do or suffer any waste, damage, disfigurement or injury to the Demised Premises. Lessee shall not permit the spilling, discharge, release, deposit or placement on the Demised Premises or any part thereof, whether in containers or other impoundments, of any substance that is a hazardous or toxic substance within the meaning of any applicable environmental law. 5. Condition of Demised Premises Lessee represents that Lessee has examined and is fully familiar with the physical condition of the Demised Premises, the Improvements thereon, the sidewalks and structures adjoining the same, subsurface conditions, and the present tenancies, and uses thereof. Lessee accepts the same, without recourse to Lessor, in the condition and state in which they now are, and agrees that the Demised Premises complies in all respells with all requirements of this Lease Lessor makes no representation or warranty, express or implied in fact or by law, as to the nature or condition of the Demised Premises, or its fitness or availability for any particular use, or the income from or expenses of operation of the Demised Premises. Lessor shall not be liable for any latent or patent defect therein. . 6. Maintenance and Repair Lessee, at all. times during the Lease Term and at Lessee's expense, shall keep the interior of the Demised Premises, and all Improvements now or hereafter located thereon, and all facilities and equipment thereon in a good and clean order and condition and in such condition as may be required by all Legal Requirements and Insurance Requirements, and promptly shall make all necessary or appropriate non structural repairs, replacements and renewals thereof All repairs, replacements and renewals shall be equal in quality and class to the original work. y,2,zr 5 7. Alterations and Additions If not at the time in default under this Lease, Lessee at Lessee's expense may make reasonable alterations of and additions to the Demised Premises, provided that any alteration or addition: shall not change the general cbarac ter of the Demised Premises, or reduce the fair market value thereof below its value immediately before such alteration or addition, or impair the usefulness of the Der used Premises; is effected with due diligence, in a good and workmanlike manner and in compliance . with all Legal Requirements and Insurance Requirements; and is promptly and fully paid for by Lessee. The title to all additions, repairs and replacements to any Improvements made during the Lease Term and any renewal thereon forthwith shall vest in Lessor, and said Improvements, additions, repairs and replacements shall be and become the sole and absolute property of Lessor, without any obligation of payment by Lessor therefore. 8. Impositions Lessee shall pay to Lessor, as additional rent an amount equal to Lessee's Share of Impositions for each year or part thereof during the Lease Team, with appropriate apportionment for a part of a year occurring at the beginning or end of the Lease Term. As used in this Article 8, "Lessee's Share" shall mean 3.63 peivant percent. If the area of the floor space in the Demised Premises or the area of the tax lot of which the Demised Premises constitutes a part shall be increased or decreased at any time during the Lease Tam, then Lessee's Share shall be adjusted accordingly and appropriate apportionment shall be made of the amount to be paid by Lessee on account of Impositions for the year in which any such change shall occur. . Lessee shall pay Lessee's Share of Impositions as ' follows: Prior to July 1st of each year (or the date of the commencement of the Lease Term in the case of the period from such date of commencement to the next succeeding July 1st), Lessor shall notify Lessee of the amount which Lessor estimates will be the amount of Lessee's Share of the Impositions, and Lessee shall pay such amount in equal monthly installments in advance on or before the first day of each month in such year or part thereof. On or before each September 1st, Lessor shall deliver to Lessee a statement, showing Lessee's Share of the Impositions to be paid by Lessee for the year or part thereof ending the preceding June 30th, the amount thereof paid by Lessee, and the amount of the resulting balance due thereon, or overpayment thereof as the case may be. If Lessee shall have paid for such year or part thereof more or less than the proper amount, appropriate adjustment shall be made by payment to Lessor, on demand, or by Lessor's crediting any adjustment due to Lessee against the next installments of Lessee's Share of Impositions or Rent becoming due under this Lease, or, if the Lease Term terminates before the exhaustion of any such credit, and Lessee is not in default under any provisions of this Lease, then by Lessor's paying to Lessee, on demand, the unadm steel portion of any such credit. If Lessor shall notify Lessee of Lessor's estimate of Lessee's Share of Impositions for any year after July 1 st, Lessor shall not thereby be deemed to have waived payment of all or any 6 part of Lessee's Share of Impositions, and Lessee, on demand, shall pay Lessor the full amount of all prior monthly installments of Lessees Share of Impositions. 9. Compliance' With Requirements Subject to Article 11 relating to contests, Lessee, at all times during the Lease Term and at Leers apeasq, pmpdy and diligenfly fall: comply wilh all Legal its and Insurance Requirements, whether or not compliance therewith shall require changes in the movements or bkrfae with dz use and enjoyment of $re Demised Premises or any pact dweog comply with any instr ments of record at the time affecting the Demised Premises or any part thereof, and procure, maintain and comply with all permits, licenses, franchises and other authorizations required for any use of the Demised Premises or any part thereof then being made, including without limitation all permits, licenses, and fiaacbmes which Lessee is required to obtain for the proper erection, installation, operation or maintenance of the Improvements or Lessee's Equipment or any part thereof From time to time at the request of Lessor, Lessee at Lessee's e;q mw shall exemt; file and record such certificates of compliance, won sWment% and other documents and certificates, and shall pay such foes and comply with such laws and regulations, as are necessary or appropriate to preserve and protect arty right of Lessor under this Lease. Lessee shall furnish to Lessor an opinion satisfactory to Lessor, of counsel satisfactory to Lessor, with respect to the adequacy of such filings and recording. If Lessee's use of the Dernised Premises is or becomes a legal nonconforming use under any Legal Requirenent, Lessee shall continually occupy and use the Demised Premises witiurt interruption and comply with such other requiremarts as may be necessary or appropriate so that such use does not became illegal and may be continued by future occupants of the Demised Premises following the expiration or temmnation of the Lease Term. 10. Liens Lessee shall not directly or indu+actly create or permit to be created or to remain, and shall discharge, any mortgage, hC06 seanity interest, =mbnmce or cbargo on, pledge of or conditional sale or other retention agreement with respect to the De rmsed Premises or any part thereof Lessees interest therein, or any Fixed Rent or other Rent payable under this Leese, other dim flee Occupancy Leases, liens for Impositions not yet payable, or payable wifix)d the addition of any fine, penalty, mterest or cost for nonpayment; or being contested as permitted in Article 11 hereog and the liens of medonics, material men, suppliers or vendors, or right thereto, Incurred in the ordinary course of business for sums which under the terms of the related cmtruat are not at the time due, provided that adequate provision for the payment thereof shall have been made and provisions of the allowing paragraph are complied with. qa.a.,7 7 A in connection with any work being performed by or for Lessee or any subtenant or in connection with any materials- being finished to Lessee or any subtenant, any mechanids lien or other lien or charge shall be filed or made against flee Demised Premises or any part thereof; or if any such lien or charge shall be filed or made against Lessor, then Lessee, at Lessee's expense, within thirty days after such lien or charge shall have been filed or made, shall cause the same to be canceled and discharged of record by payment thereof or filing a bond or otherwise. Lessee promptly and diligently shall defend any suit, action or proceeding which may be brought for the enforcement of such lien or charge; shall satisfy and discharge any judgment entered the+ein within thirty days from the entering of such judgment by payment 1hawf or filing a bond or otherwise; and on demand shall pay all damages, costs and expenses, including reasonable attome3d fees, suffered or incurred by Lessor in connection therewith. Nothing ' contained in this Lease shall constitute any consent or request by Lessor, express or implied, for the performance of any labor or services or the furnishing of any materials or other property in respect of the Demised Premises or any part thereof; nor as giving Lessee any right, power or authority to contract for or permit the performance of any labor or services or the finishing of any materials or other property in any fashion that would permit the filing or making of any lien or claim against Lessor or the Demised Premises. Lessor shall have the right, from time to time, to place upon the Demised Premises in a conspicuous place such sign or other notice as Lessor may deem necessary so as to give notice to others of the provisions of the preceding senteiee. 11. Permitted Contests Lessee, at Lessee's expense, after prior written notice to Lessor, may contest, by appropriate legal proceedings conducted in good faith and with due diligence, the amount or validity or application, in whole or in part, of any Imposition or any Legal Requirement, or the application of any instrument of record refereed to in Article 9 hereof; provided that: Lessee shall first make all contested payments, under protest if Lessee desires, unless such proceedings shall suspend the collection thereof from Lessor, from any Rent and from the Demised Premises; neither the Demised Premises, nor any part thereof or interest therein, nor any Rent would be in any danger of being sold, forfeited, lost or interfered with; in the case of a Legal Requirement, Lessor would not be in any danger of any additional civil or criminal liability for faihrre to comply therewith and the Demised Premises would not be subject to the imposition of any lien as a result of such failure; and Lessee shall have furnished such security, if any, as may be reasonably requested by Lessor. 12. Util& SwAm Lessee shall pay all charges for all public or private utility services and all sprinkler systeans and protection services at any time rendered to or in connection with the Demised Premises or any part thereof, shall comply with all contracts relating to any such services; and shall do all other things required for the maintenance and continuance of all such services. YO.'a 13.Insnrance Les. stall times during the Lease Tetm and at Lessee's eapensg shall provide and maintain in full force and effect with insures approved by Lessor: (a) ins,manee with respect to the Improvements against loss or damage by fire, lightning, windstorm, hail, explosion, not not attending strike, civil commotion, mrcxak vehicles, smoke and other risks from time to time included under "extended coverage" policies, in an amount equal to at least 100% of the full replacem®t and ue of th Improvements, and in any event in an amount sufficient to prevent Lessor or Lessee from becoming a oomsu ra of any loss under applicable policies, which shall be written on a replacement cost basis; (b) public liability and property damage insurance protecting Lessor against any and all liability occasioned by negligence, occmrencr, acckled or disaster in or about the Demised Premises or any part thereof, or the Improvements now or hmwdler erected thereon, or adjoining sidewalks, nubs, vaults and vault space, if any, streets or ways, or any appurtenances thereto, in amounts approved from time to time by Lessor, which mmormts at the date hereof shell be, in the case of public liability, $3, 000,000.00, and in the case of property damage, $1,000,000.00; (e) appropriate worlaers' compensation or other insurranoe against likility'arising from cairns of wmkem in respect of and during the period of any work on or about the Demised Premises. All insurance maintained by Lessee pursuant to this -Article, 13: (a) shall, except for workers' compensation insmwce, name Lessor mid Lessee as insureds, as their respective interests may appear, and shall include an effective waiver by the issuer of all rights of subrogation against any named insured or such insured's interest in the Demised Premises or any income derived fi admm. Upon the execution of this Lease and &=after not leas than fifteen days prior to the en date of nay policy delivered pursuant to this Article 13, Lessee shall deliver. to Lessor the originals of all policies or renewal policies, as the case may be, required by this Lease, bearing nations evidencing the payment of the pr+emni ns d a+efior. In lieu of any such policies. Lessee may deliver caiifiicates of the insurer, in form and substance dory to Lessor, as to the issuance and e&cdveness of such policies and the amounts of coverage af%rded fivreby, accompanied by copies of such policies. If at any time Lessee shall neglect or fail to provide or maintain insurance or to deliver insurance policies in accordance with his Article 13, Lessor may effect such insurance as agent for Laseey by taking out policies in companies selected by Lessor, and the amount of the premiums paid for suudh barmhoe sball be paid by Lessee to Lessor on demand. Lessor, in addition to Lessor's other rights and remedies, shall be entitled to recover as damages for any breach of this Article 13 the uninsured amount of any loss, liability, damage, claim, costs and wpenses suffered or incurred by Lessor, and shall not be limited in the proof of damages to the amount of the insurance premium. not paid by Lessee for such insurance. ya. Z9 14. Indemnification by Lessee Lessee shall indemnify and hold Lessor harmless fiom and against all liabilities, obligations, claims, damages, fines, penalties, interest, causes of action, costs and expenses, including attorneys' fees (but excluding any income or excess profits or franchise taxes of Lessor defined on the basis of general income or revenue or any interest or penalties in respect thereof), imposed upon or incurred by or asserted against Lessor or the Demised Premises by reason of the occurrence or existerioe of any of the following, whether or not resulting from any negligent act or omission of Lessor ownership of the Demised Premises or any interest therein, or receipt of any rent or other sum theefmn, any accide 4 injury to or death of persons ('including workers) or loss of or damage to property occ urrm& or claimed to have occurred, on or about the Demised Premises or any part thereof, or any Improvements now or hereafter erected thereon, or the adjoining sidewalks, curbs, vaults or vault spaces, if any, streets or ways, or appurtenances thereto; any use or condition of the Demised Premises or any part thereof, or any In vaneats now or hereafter erect thereon, or the adjoining sidewalks, curbs, vaults and vault spaces, if any, streets or ways, or appurtenances thereto; any failure on the part of Lessee promptly and fully to comply with or perform any of the terns, covenants or conditions of this Lease; or performance of any labor or services or the furnishing of any materials or other property m respect of the Demised Premises or any part thereof. In the case any suit, action or proceeding is brought against Lessor or filed against the Demised Premises or any part thereof by reason of any such occurrence, Lessee, upon Lessor's request and at Lessees expense, shall resist and defend such suit, action or proceeding, or cause the same to be resisted and defended by counsel designated by Lessee and approved by Lessor. The obligations of Lessee under this Article 14 shall survive the expiration or termination of the Lease Tam. 15. Damage to or Destmetlon of the Demised Premises If there is any material damage to or destruction of the Demised Premises or any part thereof, Lessee promptly shall give written notice thereof to Lessor, generally desenbing the nature and extent of such damage or destruction. If there is any damage to or destruction of non structural portions of the interior of the Demised Premises or any part thereof, Lessee, at Lessee's aqx mse whedw or not the insurance proceeds, if any, on account of such damage or destruction shall be sufficient for the purpose, promptly shall commence and complete, subject to Unavoidable Delays, the restoration, replacement or rebuilding of the Demised Premises as nearly as possible to its value, condition and character immediately prior to such damage or destruction, with such alterations and additions as may be made at Lessee's election pursuant to and subject to the terns, covenants and conditions of Article 7. Pending the completion of such Restoration, Lessee shall perform all temporary work and take all such actions as may be necessary or desirable to protect and preserve the Demised Premises. Insurance proceeds recdved by Lessor on account of any damage to or destruction of the Demised Premises or any part thereof, less the costs and expenses incurred by Lessor or 10 Lessee in the collection thereof, including without limitation fees and expenses of adjusters and attorneys, shall be applied as hereinafter provided. Net insurance proceeds received on account of any damage to or destruction of the Demised Premises or any part thereof unless Lessee is in default under this Lease, shall be paid to Lessee or as Lessee may direct, from time to time as Restoration progresses, to pay or to reimburse Lessee for the cost of Restoration, upon written request of Lessee accompanied by evidence, satisfactory to Lessor that the amount requested has been paid or is then due and payable and is properly a part of such cost, that there are no mechanics' or similar liens for labor or materials theretofore supplied in connection with the Restoration, and that the balance of said proceeds after making the payment requested will be sufficient to pay the balance of the cost of Restoration. Upon receipt by Lessor of evidence satisfactory to Lessor that the Restoration has been completed and the cost thereof has been paid in full, and that these are no mechanics' or similar liens for labor or materials supplied in connection therewith, the balance, if any, of such proceeds shall be paid to Lessor. Any insurance proceeds held by Lessor on any termination of this Lease and not required to be paid to Lessee pursuant to this Article 15, shall be paid to and retained by Lessor. 16. Taking of the Demised Premises If there is a Taking of the fee of the entire Demised Premises, other than for a temporary use, this Lease shall terminate as of the date of such Taking. In case of a Taking, other than for temporary use, of such perpetual easement on the entire Demised Premises, or of such a substantial part of the Demised Premises, as shall result, in the good faith judgment of Lessor, in the Demised Premises remaining after such Taking (even after Restoration where made) being unsuitable for the use contemplated in this Lease, Lessee may terminate this Lease by written notice to Lessor given within sixty days after such Taking, as of a date specified in such notice within ninety days after such Taking. Any Taking of the Demised Premises of the character referred to in this Article 16, which results in the termination of this Lease, is referred to herein as a "Total Taking." If there is a Taking of the Demised Premises other than a Total Taking, this Lease shall remain in full force and effect as to the principal of the Demised Premises remaining immediately after such Taking, without any abatement or reduction of Rent, except as may be expressly provided in this Article 16, and Lessee, at Lessee's expense whether or not the awards or payments, if any, on account of such Taking will be sufficient for the purpose, promptly shall commence and complete, subject to Unavoidable Delays, Restoration of the Demised Premises as nearly as possible to its value, condition and character immediately prior to such Taking, except for any reduction in area caused thereby, provided that in case of a Taking for temporary use Lessee shall not be required to effect Restoration (other than temporary work and actions necessary or desirable for the protection of the Demised Premises) until such Taking for a temporary use is terminated. Ala..3` 11 Awards and other payments on account of a Taking, less fees, costs and expenses inured in connection therewith, shall be applied as follows: (a) Net awards and payments reo&ed on account of a Taking, other than a Taking for temporary use or a Total Taking, shall be held and applied 'from time to time as Restoration progresses, to pay or to reimburse Lessee and Lessor for the cost of Restoration. Upon completion of the Restoration, the balance, if any, shall b6 divided between Lessor and Lessee in the ratio, as nearly as practicable, which (i) the then value of Lessor's interest in the Demised Premises, including Lessee's interest ha�eunder, bears to Cu) the then value of the Lessee's interest in the remainder of the Lease Tema, in each case determined by independent appraisers as provided below, such payments to be made, first, to Lessor and, second, to Lessee. (b) Net awards and payments received on account of a Taking for temporary use shall be held and applied to the payment of Rent until such Taking for tm4 ary use is. terminated and Restoration, if any, has been completed, provided that, if any portion of such award or payment is made by reason of any damage to or destruction of the Demised Premises, such portion shall be held and applied as provided in the fast sentence of clause (a) of this Article 16. The balance, if any, of such awards and payments, unless Lessee is in default hereunder, shall be paid to Lessee. . (c) All awards and payments received on account of a Total Taking shall be allocated as follows: First: There shall be paid to Lessee an amount equal to the value of the interest of Lessce in the remainder of the Lease Tern, dete minted as of the date of such Taking by indqxndent appraisers as provided below. Such detarmnation shall be made as if such Leese Tern shall not have been terminated. Second: Any remaining balance shall be paid to Lessor. Not more than thirty days after any Taking refered to in clauses (a) or (c) of this Article 16, Lessor and Lessee shall each appoint one appraiser too detmnine the value of the interest of Lessor or Lessee, or both, as the case may be, as required by the provisions of such clauses, and notice of such appointment shall be given to the other party. If either party shall fail or refuse to appoint an Waiser and give notice thaeof whim said period, the appraiser appointed by the other' party individually shall make such determination within thirty days thereafter. If the parties each have so appointed an appraise' witbm said fluky day period, the two appraises thus appomted shall proceed to determine such value within thirty days after their appointment If said two appraisers shall be unable to agree on such value within said thirty days, they within fifteen days finve$er shall appoint a third appraiser and if they fall so to appoint such third appraiser within said period, the third appraiser shall be appointed by any court of compebmnt jurisdiction. The three appraisers then ({a. 3Z 12 jointly shall determine such value and m ibmit their rmination to the parties not later than thirty days after the appointment of the drird appraiser. If the appraisers are unable to agree on such value, they within said thirty day period shall submit separate appraisal reports and the appraisal of the third appraiser shall be accepted, provided that (1) if said appraisal of the third appraiser is lower than the two appraisals submitted by the appraisers appointed by the parties, the lower of said two appraisals shall be accepted in lieu thereof; and (ii) if said appraisal is higher than the two appraisals submitted by the appraisers appointed by the pasties, the higher of said two appraisals shall be accepted in liati thereof All appraisers appointed hereumder shall be competent, qualified by training and experience, disinterested and independent and shall be members in good standing of the American Institute of Real Estate Appraisers or its successor and all appraisal reports shall be rendered in writing and signed by the appraiser or appraisers maldng the report. All reasonable fees, costs and expenses of the appraisers shall be paid by Lessee. Notwithstanding the faragoing if at the time of any Taking or at anytime thawfler, Lessee shall be m default under this Lease and such default shall be continuing, Lessor is hereby authorized and empowered, in the name and on behalf of Lessee and otherwise, to file and prosecute Lessee's claim, if any, for an award on account of any Taking and to collect such award and apply the same, after deducting all flees, costs and cKpenses incident to the collection thereof; to the curing of any then existing default under this Lease. 17. Quiet EWoym ®t Lessor covenants that so long as Lessee is not in default hereunder in the payment of any Rent or compliance with or the performance of any of the terms, covenants or conditions of this Lease on Lessee's part to be complied with or performed, Lessee shall not be hindered or molested by Lessor in Lessee's enjoyment of the Demised Premises. 18. B t to Care Lessee's Default If Lessee fails to males any payment or to comply with or perform any term, covenant or condition of this Lease to be complied with or performed by Lessee, Lessor may, but shall be under no obligation to, after thirty days' notice to Lessee (or upon shorter notice, or without notice, if necessary to meet an ernergency situation or time limitation of a Legal Requirement), make such payment or perform or cause to be perfiormed such work, labor, services, acts or things, and take such other steps as Lessor may de m advisable, to comply with any such term, covenant or condition which is in default Entry by Lessor upon the Demised Premises for such purpose shall not waive or. release Lessee from any obligation or default hereunder. Lessee shall reimburse Lessor for all sums so paid by Lessor and all costs and expenses incumod by Lessor in connection with the making of any payments, the performance of any act or other steps taken by Lessor pursuant to this Article 18. L{6-.33 13 19. Events of Default and Termination If any one or more of the following events ( "Events of Default'D shall occur:. (a) if Lessee shall fail to pay any Fixed Rent when as the same becomes due and payable; or (b) if Lessee shall fail to pay any Rent, other than Fixed Rent, when and as the same becomes due and payable and such failure shall continue for more than ten days; or (c) if Lessee shall fail to comply with or perform any terra, covenant or condition. of Articles 8, 9, 10 or 13, and such failure shall continue for more than thirty days af%r Lessee receives notice of such failure, regardless of the source of such notice; or (d) if Lessee shall fail to comply with or perform any other term, covenant or condition hereof; and such failure shall continue for more than thirty days after notice thereof firm Lessor, and Lessee within said period, subject to Unavoidable Delays, shall not commence with due diligence and dispatch the curing of such default, or, having so commenced, thereafter shall fail or neglect to prosecute or complete with due diligence and dispatch the curing of such default for reasons other than Unavoidable Delays; or (e) if Lessee shall make a general assignment for the benefit of creditors, or shall admit in writing Lessee's inability to pay Lessee's debts as they become due, or shall file a petition in bankruptcy, or shall be adjudicated a bankrupt or insolvent, or shall file a petition seeddng any reorganization, arrangemen4 composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, or shall file an answer admitting, or shall fail to contesf, the material allegations of a petition filed against Lessee in any such prooeeding, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Lessee or any material part of Lessee's properties; or (f) it within ninety days after the commencement of any proceeding against Lessee swking any reorganization, aaungeanent, composition, readjustment, liquidation, dis- solution or similar relief under any present or future statute, law or regulation, such proceeding shall not have been dismissed, or it within ninety days after the appointment without the consent of ac quiescence of Lessee, of any trustee, receiver or liquidator of Lessee or of any material part of Lessee's properties, such ap- pointinent shall not have been vacated, or (g) if a final judgment for the payment of money shall be rendered against Lessee and, within sixty days after the entry thme such judgment shall not have been dis- 14 4a3 Y charged or execution thereof stayed pending appeal, or it within sixty days aft the expiration of any such stay, such judgment shall not have been discharged; then, and in any such Event of Default, regardless of the pendency of any proceeding which has or might have the effect of preventing Lessee from complying with flee teams, covenants or conditions of this Lease, Lessor, at any time thereafter may give a written► termination notice to Lessee, and on The date specified in such notice this Lease shall terminate and, subject to Article 24, the Lease Term shall expire and ten rimate by limitation, and all rights of Lessee under this Lease sham cease, unless before such date (i) all arrears of Rent and all costs and expenses, including reasonable attorneys' fees, incurred by or on behalf of Lessor hervander, shall have been paid by Lessee, and (it) all other defaults at the time existing under this Lease shall have been fully remedied to the satisfaction of Lessor. Lessee shall reimburse Lessor for all costs and expenses, including reasonable attorneys' fees, incurred by or on behalf of Lessor occasioned by or in connection with any default by Lessee under this Lease. 20. Repossession If an Event of Default shall have ocmm -ed and be Wiring, Lessor, whether or not the Lease Term shall have been terminated pursuant to Article 19, may enter upon and repossess the Demised Premises or any part thereof by force, summary proceedings, ejectment or othwms% and may remove Lessee and all other persons and any and all property therefrom. 21. Reletdins At any time or from time to time after the repossession of the Dernised Premises or any part thereof pursuant to Article 20, whether or not the Lease Term shall have been terminated pursuant to Article 19, Lessor may (but shall be under no obligation to) relet the Demised Premises or any part thereof for the account of Lessee, for such team or terms (which may be greater than or less Oran the period which would oflnemse have constituted the balance of the Lease Team) and on such conditions (which may include concessions or fte, rent) and for such uses as Lessor, in Lessors absolute discretion, may determine, and may collect and receive the rents therefrom Lessor, at Lessor's option, may make such alterations and decorations in the Demised Premises as Lessor, in Lessor's sole judgment, considers necessary or advisable for the purpose of reletting the Demised Premises or any part thereof, and the making of such alterations and decorations shall not operate or be construed to release Lessee from any liability under this Lease. Lessor shall not be responsible or liable for any failure to relet the Demised Premises or any part thereof or for any failure to collect any rent due upon any such reletting. . 22. Assijnment of 3ubrents Lessee hereby irrevocably assigns to Lessor all rents due or to become due from any assignee of Lessee's interest hereunder and any sublessee or any tenant or occx4mt of the Denised Premises or any part thereof, together with the right to collect and receive such rents, provided yar3 I .. 15 charged or execution thereof stayed pending appeal, or if, within sixty days after the expiration of any such stay, such judgment shall not have been discharged; then, and in any such Event of Default, regardless of the pendency of any proceeding which has or might have the effect of preventing Lessee from complying with the terns, covenants or conditions of this Lease, Lessor, at any time thereafter may give a written termination notice to Lessee, and on the date specified in such notice this Lease shall terminate and, subject to Article 24, the Lease Term shall expire and teminaw by limitation, and all rights of Lessee under this Lease shall ease, unless before such date (i) all arrears of Rent and all costs and expenses, including reasonable attorneys' fees, incurred by or on behalf of Lessor hereunder, shall have been paid by Lessee, and (ii) all other defaults at the time existing under this Lease shall have been fully remedied to the satisfaction of Lessor. Lessee shall reimburse Lessor for all costs and expenses, including reasonable attorneys' fees, incurred by or on behalf of Lessor occasioned by or in connection with any default by Lessee under this Lease. 20. Repossession If an Event of Default shall have occurred and be continuing, Lessor, whether or not the Lease Term shall have been terminated pursuant to Article 19, may enter upon and repossess the Demised Premises or any part thereof by force, summary proceedings, ejectment or otherwise, and may remove Lessee and all other persons and any and all property therefrom. 21. Reletting At any time or from time to time after the repossession of the Demised Premises or any part-thereof pursuant to Article 20, whether or not the Lease Tern shall have been terminated pursuant to Article 19, Lessor may (but shall be under no obligation to) relet the Demised Premises or any part thereof for the account of Lessee, for such team or terms (which may be greater than or less than the period which would otherwise have constituted the balance of the Lease Tenn) and on such conditions (which may include concessions or free rent) and for such uses as Lessor, in Lessor's absolute discretion, may determine, and may collect and receive the rents therefrom. Lessor, at Lessor's option, may make such alterations and decorations in the Demised Premises as Lessor, in Lessor's sole judgment, considers necessary or advisable for the purpose of reletting the Demised Premises or any part thereof; and the making of such alterations and decorations shall not operate or be construed to release Lessee from any liability under this Lease. Lessor shall not be responsible or liable for any failure to relet the Demised Premises or any part thereof or for any failure to collect any rent due upon any such reletting. 22. Assignment of 5ubrents Lessee hereby irrevocably assigns to Lessor all reacts due or to become due from any assignee of Lessee's interest haumder and any sublessee or any tenant or occupant of the Demised Premises or any part thereof; together with the right to collect and receive such rents, provided that, qQ-up 16 so long as Lessee is not in default under this Lease, Lessee shall have the H& to collect such rents for Lessee's own use and purposes. Upon any default by Lessee under this Lease, Lessor shall have absolute title to such rents and the absolute right to collect the same. Lessor shall apply to the Rent due under this Lease the net amount (after deducting all costs and expenses incident to the collection thereof and the operation and maintenance, including repairs, of the Dernised Premises) of any rents so collected and received by Lessor. Lessee shall not demand or accept from. any sublessee, tenant or occupant of the Demised Premises or any part thereof any payment, prepayment or advance payment in respect of more then one rental period under the applicable sublease and in no event shall Lessee demand or accept any payment, prepayment or advance payment for a period exceeding one month. All Lessee's Equipment shall be the property of Lessee or Occupancy Tenants, as the case may be, provided that upon the occurrence of an Event of Default, Lessor shall have, to the extent permitted by law and in addition to all other rights, a right of distress for rent and alien on all Lessee's Equipment (other than Lessee's Equipment not owned by Lessee) then on the Demised Premises as security for the Rent. Any Lessee's Equipment not removed by Lessee, at Lessee's expense, within thirty days after any repossession of the Demised Premises, whether or not this Lease has been terminated, shall be considered abandoned by Lessee and may be appropriated, sold, destroyed or otherwise disposed of by Lessor without notice to Lessee and without obligation to account therefor, and Lessee shall pay Lessor, on demand, all costs and expenses incurred by Lessor m removing, storing or disposing of any of Lessee's Equipment, Lessee shall immediately repair at Lessee's expense all damage to the Demised Premises caused by any removal of Lessee's Equipment therefrom, whether effected by Lessee or by any other person. Lessor shall not be responsible for any loss or damage to Lessee's Equipment. The ownership of Occupancy Tenants' Equipment shall be governed by the terms of the applicable Occupancy Lease. 24. Survival of Lessee's Obligations and Damages No expiration or termination of the Lease Term pursuant to this Lease, by operation of law or otherwise (except as expressly provided herein), and no repossession of the Demised Premises or any part thereof pursuant to this Lease or otherwise, shall relieve Lessee of Lessee's obligations or liabilities hemmder, all of which shall survive such cqm -ahon, termination or repos- session. In the event of any such expiration, termination or repossession, Lessee shall pay to Lessor all Rent up to the time of such expiration, termination or repossession, together with all costs and expenses incurred by Lessor in connection with such termination or repossession including attorneys' fees, and thereafter Lessee, until the end of what would have been the Lease Term in the absence of such expiration, termination or repossession, and whether or not the Demised Premises q&oV 17 or any part thereof shall have been relet, shall be liable to Lessor for, and shall pay to Lessor, as liquidated and agreed and current damages for Lessee's default, (a) all Rent which would be payable under this Lease by Lessee in the absence of such expiration, l mnination or repossession, less (b) all net rents collected by Lessor from the tenants or subtenants of the Demised Premises, if any, and the net proceeds, if any, of any reletting affected for the account of Lessee pursuant to Article 21 after deducting from such proceeds all Lessees expenses in connection with such reletting and other sums owed Lessor, including without limitation all repossession costs, brokerage commissions, legal and accounting expenses, attorneys' fees, employees' expenses, promotional expenses, reasonable alteration costs, and expenses of preparation for such reletting. Lessee shall pay such current damages monthly on the Rent Payment Dates applicable in the absence of such expiration, termination or repossession, and Lessor shall be entitled to recover the same from Lessee on each such date. Any suit brought to collect said amounts for any month or months shall not prejudice in any way the rights of Lessor to collect the deficiency for any subsequent month by similar action or Pr's• At any time after such expiration, termination or repossession, whether or not Lessor shall have collected any current damages as aforesaid. Lessor shall be entitled to recover from Lessee, and Lessee shall pay to Lessor on demand, as and for liquidated and agreed final damages for Lessee's default and in lieu of all current damages beyond the date of such demand, an amount equal to the excess, if any, of (a) all Rent which would be payable under this Lease from. the date of such demand (or, if it be earlier, the date to which Lessee shall have satisfied in full Lessee's obligation under the preceding paragraph of this Article 24 to pay current damages) until what would be the then unexpired Lease Term in the absence of such expiration, termination or repossession, over (b) the then fair net rental value of the Demised Premises for the same period. In determining said fair net rental value, the rent realized by any reletting of the Demised Premises, if such reletting is upon terms (other than rental amounts) generally comparable to the teams of this Lease, shall be deemed to be said fair net rental value. Upon the payment of such final damages, this Lease, if not already terminated, shall be deemed terminated If any statute or rule of law shall validly limit the amount of such liquidated final damages to less than the amount above agreed upon, Lessor shall be entitled to the maximum amount allowable under such statute or rule of law. 25. Injunction Lessor, in addition to all other rights, powers and remedies and notwithstanding the concurrent pendency of summary or other dispossess proceedings, at Lessor's option, shall have the right at all times during the Lease Term to restrain by injunction any violation or attempted violation by Lessee of any of the terms, covenants or conditions of this Lease, and to enforce by injunction any of such terms, covenants or conditions. 18 26. Waivers To the extent permitted by law, Lessee waives: any notice of reentry or of the institution of legal proceedings to that end, any right of redemption, reentry or repossession; any right to trial by jury in any action or proceeding or in any matter in any way connected with this Lease or the Demised Premises; and the benefit of any laws now or hereafter in force exempting property for rent or for debt. No failure by Lessor or Lessee to insist upon the strict performance of and compliance with any term, covenant or condition hereof or to exercise or enforce any right, power or remedy consequent upon a break thereof and no submission by Lessee or acceptance by Lessor of full or partial Rent during the continuance of any such breach, shall constitute a waiver of any such breach or of any such term, covenant or condition. No waiver of any breach of any term, covenant or condition of this Lease shall affect or alter this Lease, which shall continue in full force and e$ect, or the respective rights, powers or remedies of Lessor or Lessee with respect to any other then existing or subsequent breach. 27. Lessor's Remedies Cumulative All of the rights, powers and remedies of Lessor provided for in this Lease or now or hereafter existing at law or in equity, or by statute or otherwise, shall be deemed to be separate, distinct, cumulative and concurrent. No one or more of such rights, powers or remedies, nor any mention of reference to any one or more of them in this Lease, shall be deemed to be in the exclusion of, or a waiver oty any other rights, powers or remedies provided for in this Lease, or now or hereafter existing at law or in equity, or by statute or otherwise. The exercise or enforcement by Lessor of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise or enforcement by Lessor of any or all of such other rights; powers or remedies. 28. Assignment and Subletting Lessee expressly covenants that Lessee shall not voluntarily or involuntarily assign, encumber, mortgage or otherwise transfer this Lease, or sublet the Demised Premises or any part thereof, or suffer or permit the Demised Premises or any part thereof to be used or occupied by others, by operation of law or otherwise, wrdiaA the prior written consent of Lessor in each instance. Absent such consent, any act or instrument purporting to do any of the foregoing shall be null and void. If this Lease is assigned, whether or not in violation of the terms of this Article 28, Lessor may collect Rent from the assignee. If the Demised Premises or any part thereof are sublet or occupied by anybody other than Lessee, Lessor, after any default by Lessee, may collect react from the subtenant or occupant, and apply the net amount collected to the Rent due hereunder. Such collection of rent by Lessor shall not be deemed a waiver of the provisions hereof, the acceptance t,Jcti39 19 of the assigam subftant or occupant as a tenant, or a release of Lessee from the further observance and performance by Lessee of the terns, covenants and conditions of this Lease. The consent by Lessor to an as*timerrt, ®cumbrance, transfer or subletting shall not in any way be deemed consent to any further assignment, encumbrance, transfer or subletting. In no evert shall any permitted sublessee assign or encumber its sublease or further sublet all or any portion of its sublet space, or othewise suffer or permit the sublet space or any part thereof to be used or occupied by others, without the prior written unseat of Lessor in each instance, and each permitted sublease shall so provide in its terns. If Lessee requests Lesgoes consent to a speafic assignment or subletting. Lessee shall fast submit to Lessor in writing: the name and address of the proposed assignee or sublessee; a counterpart of the proposed agreement of assignment or sublease and all other instruments or agreements pertaining thereto; such it fomnation as to the nature and character of the business of the proposed assignee or sublessee and as to the nature of its proposed use of the space, as Lessor reasonably may request; banking, financial or other credit information relating to the proposed assignee or sublessee sufficient to enable Lessor to determine the financial responsibility and character of the proposed assignee or sublessee; and a statement of all sums or other cousWe ation paid or to be paid to Lessee by or for the account of the assignee, or sublessee for or in connection with such assignment or sublease, inchiding without limitation sums paid or to be paid for the sale or rental of Lessee's fixtures, leasehold improveanents, equipment, fumiture, fianish W or ofher Peal Fqxzty. Any such consent of Lessor shall be subject to the teams of this Lease and conditional upon there being no default by Lessee, beyond any grace period, under any term, covenant or condition of this Lease at the time that Lessor's consent is requested and on the date of the commencement of five team of arty such proposed sublease or the effective date of arty such proposed Upon receiving Lessor's written consent, a duly executed copy of the sublease or assignnmexrt shall be delivered to Lessor within flxirty days after execution thereof Any such sublease shall provide did the sublessee shall comply with all applicable teams, oovenffirts and conditions of this Lease to be observed or performed by Lessee heenrnder. Any such assignment shall contain an ass<unption by the assignee of all of the tams, coverts and conditions of this Lease to be observed or performed by Lessee. The traris6 of a majority of five issued and outstanding capital stock of any corporate tenant or subtenant of this Luse or of a majority of the total interest in any pazft nership tenant or subtamt, however accomplished, and whether in a single transaction or in a series of related or unrelated transacdans, shall be deemed an assignment of tins Luse or of such sublease. The trensfex of outstanding capital stock of any corporate tenant or subtenant, for purposes of this Article 28, shall not include a sale of such stock by pesons other than those deemed "insiders" within the L/aY0 OU meaning of the Securities Exchange Act of 1934 as amended, effected through any "over the counter" market or recognized stock exchange. 29. Subordination and Attornment Tins Lease shall be subject and subordinate to any mortgage deeds which hereafter may affect the Demised Premises, and to all renewals, modifications, replacements, spreaders, consolidations and extensions of such mortgage deeds; provided, however, that the holder of the mortgage deed and Lessee shall execute and deliver a nondisturbanoe agreement in recordable form, wherein the holder of the mortgage deed shall agree that in the event of a foreclosure of the mortgage, the holder of the mortgage deed shall not disturb Lessee's occupancy of the Demised Premises provided Lessee is not then in default under this Lease beyond any applicable grace period provided herein. Said nondisturbance agreement also shall provide that upon the foreclosure of the mortgage deed or the conveyance of the Demised Premises in lieu of foreclosure or otherwise, Lessee shall attom to the holder, or the purchaser at a foreclosure sale, and that the holder of the mortgage deed or such purchaser shall not be: (a) liable for any act or omission of Lessor; (b) bound by any prepayment of more than one month's Rent reserved in this Lease; (c) bound by any amendment or modification. of this Lease made wiflzout the prior written consent of the holder of the mortgage deed; or (d) subject to any offsets or deficiencies provided in this Lease. As used in this Article 29, the term "mortgage deeds" shall mean all mortgages, deeds of trust, mortgage deeds and similar instruments now or hereafter affecting the Demised Premises. 30. Entry by Lessor Lessor and the authorized representatives of Lessor shall have the right to enter the Demised Premises at all reasonable times for the purpose of inspecting the same or for the purpose of doing any work permitted to be done by Lessor under this Lease, and to take all such actions thereon as may be necessary or appropriate for any other purpose. Nothing contained in this Lease shall create or imply any duty on the part of Lessor to make any such inspection or do any such act. Lessor and natives of Lessor shall have the right to enter the Dernised Premises at all reasonable times for the purpose of showing the Demised Premises to prospective purchasers or mortgagees, and at any time during the twelve -month period preceding the expiration or termination of this Lease for the purpose of showing the same to prospective tenants, and within said period to display on the Demised Premises advertisements for sale or letting if such advertisements do not interfere unreasonably with the business then conducted on the Demised Premises. No such entry shall constitute an eviction of Lessee. 31. Option to Purchase Provided that the owner of 100% of the authorized and issued shares of the common stock of the Lessee, as recorded in the stock registration book of the Lessee at the time of the exercise of the Option to Purchase as he+emafter provided, is the same person (or his estate) who owned the Shares as recorded in the stock registration book of the Lessee at the time of the execution 21 of this Lease, Lessee shall have the option to purchase the Premises located at 345 Main Street, Reading, Massachusetts at any time during the Lease Tern subsequent to the date of death of the last to die of the original income beneficiaries of said Trust and prior to the expiration of five years from the date of death of the last to die of the original income beneficiaries of said Trust for a Purchase Price equal to 100 percent of the fair market value of the Demised Premises on the Closing Date, upon the tams and conditions contained in this Article 31. This option may be exercised only by written notice from Lessee to Lessor given not less than 180 days prior to the Closing Date specified in such notice, provided the Closing Date is subsequent to the date of death of the last to die of the original income beneficiaries of said Trust and prior to the expiration of five years from the date of death of the last to die of the original income beneficiaries of said Trust and within the Lease Term. At the closing pursuant to the exercise of this option, Lessor shall convey the Demised Premises by a deed, without any reirresentation, warranty or covenant whatsoever, subject only to all encumbrances and matters now affecting the Demised Premises, all encumbrances and matters mvated or permitted to out by Lessee or which Lessee is required to remove or discharge under this Lease, and such other eicurnbrances and matters as Lessee shall approve, which approval shall not be unreasonably withheld. At the closing, Lessee shall pay the Purchase Price in cash or by a good certified check to the direct order of Lessor drawn on a bank which is a member of the Clearing House Association for the area in which the Demised Premises is located. All taxes, fees and other charges, costs and expenses, incurred in such conveyance (including without limitation all recording and filing fees, all transfer taxes and documentary, stamp or similar taxes, all attorneys, fees and all broker's commissions) shall be the responsibility of the party or parties customarily responsible for same in the Greater Boston area at the time of the Closing Date. All Rent shall be apportioned as of the Closing Date, and there shall be no other adjustments. The obligation of Lessor to close title pursuant to an exercise of this option shall be conditioned upon there being no default by Lessee on the date of the exercise of the option or on the Closing Date. if Lessor shall be unable to convey title in accordance with this Article 31, Lessors only obligation or liability shall be to reimburse Lessee for the reasonable expenses actually incurred by Lessee for examination of title. Within thirty days after receipt by Lessor of the notice to exercise this option, Lessor and Lessee each shall appoint one appraiser to determine the fair market value of the Demised Premises on the basis of the highest and best economic use thereof (without regard to this Lease or any mortgage or other lien, charge or encumbrance), and shall give notice of such appointment to the other party. If either party shall fail or refuse so to appoint an appraiser within said period, the appraiser appointed by the other party individually shall make such determination within thirty days thereafter. If both parties have appointed an appraiser within said period, the appraisers shall proceed to determine such value within thirty days after their appointment. If said two appraisers shall be unable to agree on such value within said thirty days, they within fifteen days thereafter shall 40. yZ. 22 jay appoint a third appraiser and if they fail so to appoint such third appraiser within said period, the third appraiser shall be appointed by any court of competent jurisdiction to which either party may apply. The three appraisers then jointly shall determine the aforesaid fair market value of the Demised Premises and shall submit such won to the parties not later than thirty days aft flee appointment of the third appraiser. If said three appraisers are unable to agree on said fair market value, they shall submit, within said period, separate appraisal reports and the appraisal of the third appraises shall be accepted as said fmr market value for the purpose of this Article 31, provided that I if said appraisal of the third appraiser is lower than the other two appraisals, the lower of said two appraisals shall be accepted in lieu thereof, and (ii) if said appraisal is higher than the other two appraisals, the higher of said two appraisals shall be accepted in lieu thereof. All appraisers appointed hereander shall be competent, qualified by training and experience, dim members in good standing of flee American Institute of Real Estate Appraisers or its successor. All appraisal reports shall be rendered in writing and signed by the appraiser or appraisers making the report. All reasonable fees costs and des of the appraisers shall be, paid by Lessee. 32. Conveyance by Lessor If the original or any successor Lessor shall convey or otherwise dispose of the Land and Improvements, Lessor shall thereupon be released from all obligations and liabilities of Lessor under this Lease (except those accruing prior to such conveyance or other disposition), and such obligations and liabilities shall be binding solely on the then owner of the Land and Improvements. 33. No Merger of Tiitle There shall be no merger of the leasehold estate created by this Lease with the fee estate in the Demised Premises by reason of the fad that the same person may own or hold (a) the leasehold estate created by this Lease or any interest therein, and (b) the fee estate. in the Demised Premises or any interest. in such fee estate. No such merger shall occur unless and until all persons having any interest in the leasehold estate created by this Lease, and in the fee estate in the Demised Premises, shall join in a written instrument effecting such merger and shall duly record the same. 34. Acceptance of Surrender No modification, termination or surrender of this Lease or surrender of the Demised Premises or any part thereof or of any interest therein by Lessee shall be valid or effective unless agreed to and accepted in writing by Lessor, and no ad by any representative or agent of Lessor, other than such a written agreement and acceptance, shall constitute an acceptance thereof. 35. End of Lease Term Upon the expiration or termination of the Lease Term, Lessee shall quit, surrender and deliver to Lessor the Demised Premises with-the Improvements thereon in good order and condition, ordinary wear and tear excepted, and shall remove all Lessee's Equipment therefrom. YQ.K3 23 If Lessee vacates the Demised Premises at any time prior to the expiration or bemmnation of this Lease, Lessee shall cause the Dammed Premises to be pah+olled by armed guards on a 24. hour basis so as to prevent vandalism or other damage to the Demised Premises. 36. Options to Extend Lease Term Lessee shall have the option to extend the Lease Team for an additional five years, subject to all of the beans, covenants and conditions of this Lease. During said extended Lease Tenn, Lessee shall pay Fixed Rent per annum in the manner provided in Article 2 hereof and shall pay all other items of Rapt. If the aftemd fast option has been duly eacercased, Lessee shall have a second option to extend the Lease Tema for an additional five years, subject to all of the tears, covenants and conditions of this Lease. During said second extension of the Lease Term, Lessee shall pay Fixed Rest per am mn in the manner pmvidedinMcle2 and shall pay all other ibernsofRent. If the aforesaid second option has been duly exercised, Lessee shall have a third option to extend the Lease Tern for an additional five years, subject to all of the berms, covenants and conditions of this Lease. Dnirig said third extension of tine Lease Term, Lessee shall pay Fixed Rent per annum in the mannerp yMded in Article 2 and shall pay all other items of Rent. If the of esaid third option has been duly a=sed, Lessee shall have a fourth option to extend the Lease Tern for an additional five years, subject to all of the terms, covenants and conditions of dins L ease. During said third exlenwon of the Lease Tem; Lessee shall pay Fixed Rent per annum in the manner provided in Article 2 and shall pay all other items of Rent To be elves Lessee must give Lessor written notice of Lessees election to extend the Lease Term not less than 30 days prior to the expiration of the then existing Lease Term. Lessee's right bo extend the Lease Term pursuant to this Article 36 shall be conditioned upon theme being no default by Lessee in the observance or performance of any of the terms, covenants and conditions of this Lease either at the time of the exercise of the option or on the expiration of the then existing Lease Team. 37. Brokerage Lessor and Lessee each represents and wararS to the other that such party has not dealt with any broker or finder in connection with the Demised Premises or this Lease. Lessor and Lessee each agrees to indemnify and hold the other harmless from and against any and all commission, liability, claim, loss, damage or expense, including reasonable atbomeys' fees, arising 4CON 24 from any claims for brokerage or any other fee or commission by any person with whom such party has deaf 38. Definitions As used in this Lease, the following tams have the following respective meanings: "Default" — any condition or event which constitutes, or which after notice or lapse of time or both would constitute, an Event of Default. "Demised Premises" — as defined in Article 1. "Event of Default" – as defined in Article 19. "Fixed Rent" - as defined in Article 2. "Impositions" -- all taxes, assessments (including without limitation all assessments for public improvements or benefits, whether or not commenced or completed prior to the date hereof and whether or not to be completed within the Lease Tear), water and sewer rents and charges, charges for public utilities, excises, levies, license fees, permit fees, inspection fees and other authorization fees and other charges of every nature and kind whatsoever (including all interest and penalties thereon), in each case, whether general or special, ordinary or extraordinary, foreseen or unforeseen, of every character, which at any time during or in respect of the Lease Tam may be assessed, levied, charged, confirmed or imposed on or in respect of or be a lien upon (a) the Demised Premises or any part thereof or any rent therefrom or any estate, right or interest therein, or (b) any occupancy, use or possession of or activity conducted on the Demised Premises or any part thereof. The term "Impositions" shall exclude, however, any income taxes assessed against Lessor, franchise, estate, inheritance or transfer taxes of Lessor, or any tax or charge in replacement or substitution of the foregoing or of a similar character; provided, however, that if at any time during the Lease Term the thew prevailing method of Um-don or assessment shall be changed so that the whole or any part of the Impositions theretofore payable by Lessee as above provided, shall instead be levied, charged, assessed or imposed whole or partially on the rents received by Lessor from the Demised Premises, or shall otherwise be imposed against Lessor in the form of a finnchise tax or otherwise, then Lessee shall pay the same (and the same shall be deemed Impositions) at least twenty days prior to the last day upon which the same may be paid without interest or penalty for the late payment thereof. "Improvements" – as defined in Article 1. The term "Improvements" shall include all fixtures, equipment and machinery now situate on or appurtenant to the Improvements referred to in Article 1, other than Lessee's Equipment. 1(a. yS 25 "Insurance Requirements" — all teams of any insurance policy covering or applicable to the Demised Premises or any part thereof all requirements of the issuer of any such policy, and all orders, rules, regulations and other requirements of the National Board of Fire Underwriters, or its successor or any other body exercising similar dmcdons, applicable to or affecting the Demised Premises or any part thereof or any use or condition of the Demised Premises or any part thereof. "Land" — as defined in Article 1. "Lease" — this Lease, as at the time amended, modified or supplemented. "Lease Term" — as defined in Article 1, as the same may be extended or renewed "Legal Req ts" — all laws, statutes, codes, acts, ordmanc;es, orders, judgments, decrees, injunctions, rules, regulations, permits, licenses, authorizations, directions and requirements of all governments, departments, commissions, boards, courts, authorities, agencies, officials and officers, foreseen or unforeseen, ordinary or extraordinary, which now or at any time hereafter may be applicable to the Demised Premises or any part thereof, or the Improves now or hereafter located thereon, or the facilities or equipment therein, or any of the adjoining sidewalks, curbs, vaults or vault space, if any, streets or ways, or the apptu tenances to the Demised Premises or the franchises and privileges connected therewith, or any use or condition of the Demised Premises or any part thereof. Legal Requirements shall include the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. Section 9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., and all other applicable environmental laws and regulations, and all requirements to be complied with pursuant to any certificate of occupancy affecting the Demised Premises. " Lessee's Equipment" — all fixtures, machinery, apparatus, fumiture, furnishings and other equipment and all temporary or auxiliary structures installed by or at the request of Lessee or any Occupancy Tenant, if any, in or about the Demised Premises or any part thereof, which (a) are not used and are not proceed for use, in whole or in part, in connection with the operation, maintenance or protection of the Demised Premises, and (b) are removable without damage to the Demised Premises. "Occupancy Lease" — any lease of any space constituting part of the Demised Premises. "Occupancy Tenant" — any tenant or occupant under any Occupancy Lease. "Occupancy Tenants' Equipment" — all Lessee's Equipment which under the trams of any Occupancy Lease or otherwise is the property of an Occupancy Tenant. L/0-14% 26 "person" — an individual, a corporation, an association, a partnership, a joint venture, an organization, or other business entity, or a governmental or political unit or "Rent Payment Date" — as defined in Article 2. "Restoration" — all restorations, replacements, reMdings, alterations, additions, tempormy repairs and properly protection to be performed in connection with a Talcing of the Demised Premises or the damage to or destruction of the Demised Premises. "Taking" -- a taking during the Lease Term of all or any part of the Demised Premises, or any leasehold or other interest therein or right accruing thereto, as the result of the exercise of the right of condemnation or eminent domain or a sale in lieu or in anticipation of such exercise or a change or grade affecting the Demised Premises or any part thereof. "Total Taking" — as defined in Article 16. "Unavoidable Delays" - delays due to strikes, ads of 04 govemmental restrictions, enemy action, not civil commotion, fire, unavoidable casualty or other causes beyond the control of Lessee, provided that no delay shall be deemed an Unavoidable Delay if the Demised Premises or any part thereof or interest therein or any Rent would be in any danger of being sold, forfeited, lost or interfered with, or if any Occupancy Tenant, Lessor or Lessee would be in danger of incurring any civil or criminal liability for failure to perform the required act. Lack of funds shall not be deemed a cause beyond the control of Lessee. 39. Notices All notices, demands, elections and other communications desired or required to be delivered or given under this Lease shall be m writing and shall be deemed to have been delivered and given when delivered by hand, or on the third business day after the same have been mailed. by first class registered or certified mail, postage prepaid, enclosed in a securely sealed envelop addressed to the party to which the same is to be delivered or given at such party's address as set forth in this Lease or at such other address as said party shall have designated in writing in accordance with this Article 39. 40. Additional Rent All costs associated with the management of the Premises of which the demised premises are a part, and the maintenance of the common areas of the premises of which the demised premises are a part will be considered part of additional rent. The cost of management of ya- Y) 27 the premises to be paid by the tenant as additional rent her+eaunder shall not oweed 5% of the gross annual rent for the deanised premises. The " common areas" as referred to herein shall be the peddng areas, driveways, walks, entrances, exits and service roads that from time to time exist in the premises. The costs incurred by the Lessor will include the removal of snow, ioe.and refuse from the common areas, repaving and re&4xng of the pausing lot, cleaning irnsuring, operating, managing, equipping, policing Cif and to the extent provided by Lessor), lighting, repairing, (including the mace of utilities conduits, fixtures and equipment located in the common area) replacing, maintaining, landscaping and gaming the common area of the premises. Common area expenses will include as an a gorse, arnowts determined as reasonable and appropriate reserves for the replacernent of equiprnenrt not real cs tat o in nature, used incident thereto. Lessee's share of such costs and expenses shall be the pro rata share as determined under Section 8 herein. Payment on account of Lessee's share shall be paid, as part of Lessee's total rent within thirty (30) days of presentation of an invoice therefor from the Lessor. 41.1VIisceElaneoas All right, powers and remedies provided herein may be exercised only to the Went that the eaxermse thereof does not violate any applicable law, and are intended to be limited to the extent necessary so that they will not render this Lease invalid, unenforceable or not entitled to be recorded under any applicable law. If any tarn, covenant or condition of this Lease shall be held to be invalid, illegal or unenforceable, the validity of the other terms, covenants and conditions of this Lease shall in no way be affected thereby. Lessor and Lessee agree that a memomndrrn of this Lease, but not this Lease, may be recorded by Lessee, at Lessee's aqmw . The headings in this Lease are for purposes ofrefermce only and shall not limit or define the meaning hereof. This Lease may be executed in arty number of counterparts, each of which is an original, but all of which shall constitute one instrument 'This Lease may be changed or modified only by an ink in writing signed by the party against which enbreemerrt of such change or modification is sought Subject to Articles 28 and 32, this Lease shall be binding upon and inure to the benefit of and be mforrc cable by the respective successors and assigns of the parties hereto. `(ayg 28 IN VMN MS WHEREOF, Lessor and Lessee have eawmftd fts Lease on fe date Brat above wit m In the presence of.- l � l Wihtess as DAR ReadWgMain Street, LW By: '�I d— P&4�0— Daniel P. Busa, Jr., Manager By: 14o Wilifitin A. usa, SWa ger Busa's Reading Liquors, Inc. By: Dadel P. Busa, Jr., IPresidert yaw 29 COMMONWEALTH OFMASSACHUSETrS MIDDLESEX, SS.: July 26, 2005 On this day of July 26, 2005, before me personally appeared Daniel P. Busa, Manager, to me personally known, who being duly sworn, did depose and say and did acimowlodge that he is the Manager of Reading Main Street, LLC, that he had authority to executed said Lease, that he is executing said Lease in the name of Reading Main Street, LLC for and in behalf of said LLC corporations free and voluntary act and deed. Notary Public . MY NEWE R. ROSEN No" PuWIc Wealth of kt90o nbftE)ieeOct17,2008 COMMONWEALTH OFMASSACHUSFM MIDDLESEX, SS.: July 26, 2005 On this day of July 26, 2005, before me personally appeared Daniel P. Busa, Jr., to me personally known, who being duly sworn, did depose and say and did acknowledge that he is the President of Busa's Reading Liquors, Inc.., the corporation described in and which executed the foregoing Lease, that he knows the seal of said corporation; that the seal affixed to said Lease is such corporate seal; that it was so affixed by the order of the board of directors of the said corporation; and that he signed his name thereto by like order as his and the corporation's fi-ee and voluntary act and deed Notary Public My Commission Expires: NEUJE R. ROSEN Notary Public 00 commonwealth of Mensch NyCwm6& E*W0at17 PDACHA3E AM�Sam ACMIMBOW AGREEMENT made this day of ,dy , 2005, by and between Baca Iv Reading Liquors, Inc., a duly organized and validly existing Massachusetts corporation, with principal offices located at 133 Massachusetts Avenue, Lexington, Massachusetts (the "BUYER") of•Lexington, Massachusetts and Reading Liquors, Inc., a duly organized and validly existing Massachusetts corporation, with principal offices located at 345 Main Street, Reading, Massachusetts (the "$FT LER" ) NEM:U S, the SELLER has been engaged as a Massachusetts corporation, in the business of selling liquor in the operation of rretail package store at 345 Main Street, Reading, Massachusetts. WHEREAS, the SET.T.y.R desires to sell substantially. all of its assets as used in. the operation of -its business to the BUYER; and WHEREAS, the BUYER desires to purchase the said assets upon the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the mutual cove- nants, representations and warranties herein contained, the parties do hereby agree as follows:' W I T N E S S E T H 1. Subject to and in accordance with the terms and conditions herein contained, the'SELLER does. hereby agree to sell, assign, transfer, convey and set over unto the. BUYER,'effeotive as of the Closing Date, as defined bolov, and the BUYER does hereby agree to purchase the following described assets subject to the following described li- abilities: a. -All of the SELLER'S stock and inventory of every kind, nature and description, which assets may be more specifically identified on a Schedule of Inventory, an- nexed hereto and marked Exhibit "A ". The amount for inventory shall be established just prior to closing. b. The name and all rights to use the name "Reading Liquors, Inc. 1, or any variation thereof, together with all of the goodwill of the SELLER attendant to the 1 q4 :v assets to be sold and transferred hereunder, and all rights to use the telephone numbers and United States Post Office Box, if any, presently assigned to the SELLER, to wit: , et seq. - c. Those certain items of furniture, fixtures, equipment,.signs, machinery and supplies of the SELLER as used in the operation of-its business, except those speci- fied on Exhibit Be attached hereto. d. A Non - Competition and Non - Solicitation Agree- ment in the form as proposed by the Seller. a. BUYER is not assuming any liabilities of the SELLER including any liabilities which may arise with re- spect to SELLER's employees unless this Agreement contains specific provisions whereby BUYER assumes SELLER's liabili- ties. 2. zfxclusive of any amount due for inventory, the purchase price of the remaining assets, including but not limited to those items referenced in- paragraph 1 (8)•(C) (D) is $ b460 . 3. *The total consideration, S 160z006 plus inventory as agreed upon just prior to closing shall be paid at closing which shall take place simultaneously with the purchase of the real estate located at 345 Main Street, Reading the terms of which are established in a Purchase & Sale Agreement dated this-day and incorporated by reference herein. 4. The Seller shall'retain the following assets which are excluded from the sale: a_ All of seller's Accounts Receivable; b. .All of Seller's business bank accounts and cash on hand; c. All of Seller's pre -paid fees and deposits for Utility Services, Insure oo, Last Months rout paid-by Seller (if any). and security -deposit paid by Seller (if any) . 5. The parties hereto agree that the consideration of $ 522., wO shall be allocated as follows: 2 yo.sz. _I Y t 111 � a n ri ■:q ■i _ f.'. lot r.�rninar -, Ito \ • ■: �G 11 111 11 t The parties acknowledge the fairness and reasonableness of the above allocations. SELLER and BUYER mutually agree to complete and exe- cute Form 8594 Assets Acquisition Statement pursuant to Sec. 1060 of the Internal Revenue code of 1986, deliver a copy thereof to each other and file a copy thereof with their respective tax returns for the applicable taxable pe- riod. 6. Representations and Warranties of the SELLER (a) The SELLER warrants it is a corporation duly organized, validly existing, and in good standing under the laws of Massachusetts, and is duly qualified and licensed In such jurisdiction with full power and authority to carry .on the business in which it is engaged and to execute, deliver and carry out the transactions contemplated by this Agreement. (b) The SELLER warrants it has one class of capital stock, all of the issued and outstanding shares of which are owned of record and beneficially by the Stockholders and the SELLER shall provide a vote of Stockholders approving the terms of the transaction specified herein at the Closing. (c) The Seller warrants the execution and delivery of this Agreement and the performance of the transactions contemplated hereby have been duly authorized by all requisite corporate and stockholder action, and does not, and will not, result in a breach of, or constitute 8 default under, any provision of the Articles "of Organization and amendments thereto, if any, or the By -laws of the SELLER, or any lease, license or other agreement to which it is a party or is bound, or by which any of its properties or assets may be bound or affected, nor will it violate any law, rule, regulation, order, writ, injunction or decree of any•court or administrative agency to'which the SELLER may be subject. The provisions hereof *hail survive the Closing. 3 (d) The SELLER represents it has good and marketable title to the assets to be sold and transferred hereunder, free and clear of all liens, claims, security interests, encumbrances, restrictions or other charges of any kind. No other person, firm or corporation owns or has any record, beneficial, or security interest in the said assets or any paxt thereof specifically including, without limitation Salem Five. At the Closing, the BUYER will acquire* good, valid and marketable title of all of said assets free and clear of all liens, claims, security interests, encumbrances, restrictions or other charges of any kind. (e) The SELLER represents it to not a party to any agreement, whether written or oral, which in any manner restricts its right to enter into this Agreement and to carry out the terms and conditions hereof. (f) The SELLER represents it is.not in arrears or in default of its obligations under any of the agreements or contracts it has in effect, all of .which are in good standing. (g) The SELLER represents it has no knowledge of any threatened claims or litigation against the, SMEMER or threatened proceedings against the SELLER•before any court, administrative or licensing authority. (h) Prior to the Closing Date, the SELLER will haves . filed all Sederal and State income tax returns and all other applicable State tax returns required to have been filed by the SELLER (unless the time for filing has been properly extended) and has paid or, from -the proceeds of the sale of the assets as stated herein, will pay the taxes shown to be due on any such returns filed, and no waivers or extensions of the statutory period of limitation within which assessments may be made have been granted with re- spect to any such return. • (i,) All sums properly due -and payable to vendors and /or creditor$ for equipment, inventory, stock and sup- plies at or prior to the Closing Date will have been paid or will be paid from the proceeds of the sale of the assets as stated herein. 4 YCt,sy (j) The SELLER represents to the best of its knowledge that SELLER is not in violation of any health, building or sanitary codes, rules or regulations. (k) The SELLER, prior hereto has provided the BUYER with copies of certain of its financial records re- lating to its business. The Buyer acknowledges it has completed its due diligence in this regard. 7. This Agreement is subject and contingent upon Buyer's ability to obtain all necessary approvals, permits and licenses (beyond all applicable appeal periods) necessary to operate a retail package liquor store at the location of 345 Main Street, Reading, Massachusetts from any board or agency of the Town of Reading, or any other municipal, county, state or federal board or agency having jurisdiction. •=n the event Buyer is unable to obtain such permits, licenses and approvals on or before the closing Date, then the Closing Date shall be extended thirty (30) days beyond any applicable appeal period as long as Buyer has been using reasonable efforts to obtain such permits, licenses and app ovals . 8. A Purchase and Sale Agreement dated as of the date hereof and attached hereto as Exhibit C, pursuant to which the land and the buildings thereon known as 345 Main Street, Reading, Massachusetts will be sold by Eric Berger, Trustee of the BEEAL Rit5J&";rust to the Buyer for the awmt cE Tbree . :Lm a F�ve ib]lais t$3, g,_W.0Q)IP , sha ..• alma taneously with this Agreement and both the )Buyer's •and Seller' s obligations under this Agreement are contingebt•upou the execution and performance by the parties of said Purchase and -Sale Agreement, including, but not limited to a simultaneous closing with this Agreement. g. •go presentations and T4araranties of the SUYER. The BUYER does hereby represent and Varrent to the SELLER as follows, which warranties and representations are true and •complete as of the date hereof and, at the option of the SELLER, as a condition precedent to the fulfillment of tha obligations of the SELLER hereunder, shall be true and complete as of the closing hereunder: (a) The execution and delivery of this Agreement and the performance of -the transactions contemplated hereby 5 ya.sa' does pot, and will not, result in a breach of, or consti- tute a default under, any lease, license or other agreement to which he is a party or is bound, or by which any of his properties or assets may be bound or affected, nor will, it violate any law, rule, regulation, order, writ, injunction or decree of any court or administrative agency to which the BUYER may be sib j ect . (b) on and after the execution hereof and the closing hereunder, this Agreement will be a valid and bind- ing obligation of the BUYER enforceable in accordance with its terms, except as limited by bankruptcy, insolvency and similar laws affecting creditors' rights generally and by equitable principles. (c) Buyer is a corporation duly organized and validly existing under the laws of the Commonwealth-of Massachusetts, and has all requisite power, authority and capacity to enter into this Agreement, including all accompanying documents, and perform its obligations under each thereof. 10. The BUYER hereby agrees to indemnify, reimburse, hold harmless and defend the.SELLER of and from any and all debts, olaims, taxes, costs and expenses, specifically including without limitation, legal and attorneys' costs, fees and expenses, incurred by the BUYER and resulting from the operation.and conduct of the business acquired by the BUYER hereunder and the use of the SELLER'S name by the BUYER after the Closing-Date. 11. The Sealer assumes all risk of lose, destruction or damage due to fire or other casualty up to the closing. 12. In the event a claim shall be made against the BUYER or the assets•to be acquired by it hereunder, prior to the transfer date, for which the S.LLLLR has agreed to indemnify and defend the BUYER hereunder, or on account of the breach by the SELLER of any of the terms and conditions hereof, then upon notiee.to the 68LTAR and upon the failure by the SELLER within thirty (30) days from its receipt of such notice to assume the defense of such claim, the BAYER shall be permitted and entitled to defend, settle and pay said claim on its own, the reasonable costs of which defense, .including reasonable legal fees, judgment, settlement or other compromise thereof shall be borne and 6 q4,S6 paid by the SELLER, hereunder and may be set off against sums due the SELLER from the BUYER. 13. The SELLER hereby covenants and agrees to indem- nify and save the BUYER harmless of, from and against all claims, loss, cost, damage and expense which may be as- serted against or incurred by the BUYER as a result of non- compliance with the Uniform Commnercial Code - Bulk Sales Act in connection-with the transactions which are the sub - ject matter of this Agreement. The BUYER shall notify the SELLER promptly of any claim under said Bulk Sales law and afford the SELLER opportunity to conduct or participate in the defense thereof, as. the S=ZR may e'l'ect. The amount of any cleim/cost /expense which the BUYER may incur in connec- tion herewith including reasonable attorney fees, may be set off by the BUYER against such amounts, if any, as may be due the SELLER hereunder. 14. The SELLER hereby assigns and transfers to the BUYER any and all rights, claims, and causes of action it may now have or may have in the future against any vendor, landlord, employee or-other party, which rights, claims and causes of action pertain to the leasehold or ownership of or title to all of the &$sets sold and transferred here- under. is. The closing hereunder shall take place at tine of- fice of the Buyer's lender or its attorney, or some other suitable place. designated by the parties, on or before the 300 day following the receipt by the Buyer or the Buyer's nominee of the All corms Alcoholic Beverage License in the Buyers name or its ncmQinee• s name (the "Closing Date"'). Time shall be of the essence of this Agreement. a. At the closing, the SEL O .shall deliver: i. A Bill of Sale, assignment and /or other instruments of conveyance as shall be reasonably requ4red to transfer to the BUYER good and sufficient title and beneficial ownership of all of the assets referred to in paragraph 1 hereof. ii. A Certificate.of Vote of the SELLER'S Board of Directors assenting to the SELLER'S entry into and carrying out the-terms hereof. 7 84-17 iii. Such other instruments and documents of conveyance and assignment as may be reasonably necessary to transfer title of the assets to the BUYER to be acquired hereunder and to carry out the intent hereof. iv. A certificate issued by the Massachusetts Department of Revenue referred to as a "Tax Good Standing Certificate" and a certificate from the Massachusetts Department of Corporations indicating the SELLER's legal existence and good standing. At, SETamla sole option, the SELLER, in the discharge of its obliga- tions pursuant to this section, may tender to BUYER an opinion letter from SELLER's accountant stating the nature and amount of any excise, sales, or withholding taxes due and payable as of the Closing Date and evidence, reasonably satisfactory to the BUYER that sums sufficient to discharge any such taxes have been deducted from the proceeds payable to the SELLER on the Closing Date and remitted directly to any -such taxing authority. b. At the closing, the BUYER shall deliver: I. A check in the amount of the adjusted -consideration due hereunder. . ii. such.other instrumente and documents as may be reasonably necessary to carry out the purposes hereof. C. After the -closing, both parties' shall exe- cute and deliver such additional instruments and documents as may be. reasoftably required to transfer to the BUYER ti- tle to said assets and to carry out the terns and-condi- tions hereof. 16. Any controversy, dispute or question arising out of or with respect to this Agreement or its interpretation, the performance or non- performanoe by either party or of any alleged breach thereof shall be determined by binding arbitration conducted in Boston, Massachusetts, in accor- dance with the then existing rules of the American Arbitra- tion Association and judgment upon any award, which may in- clude an award of damages, may be entered in any state of federal court having jurisdiction. Nothing contained in this paragraph or elsewhere in this Agreement shall in any Dray deprive either party of its right to obtain injunctive 0 t(CL ST or other equitable relief in the Superior court of the Com- monwealth of Massachusetts. 17. All notices, requests, demands and other communication hereunder shall be in writing and shall be deemed to have been duly given and effective on delivery, if hand delivered, or two business days after mailing; if mailed, postage prepaid, by certified or registered mail, return receipt requested, to the party intended or its as- signee, at the addresses as follow or such other address as may be directed by notice given hereafter. A business day shall be deemed any day on which the United States Postal Service shall make regular mail deliveries to the address to which the.notice shall be directed: If to SELLER: Roland Segalini, Jr:, Esq. 411 Waverley Oaks Road Waltham, MA 02452 If to BUYER: Michael E. Rubin, Esq. 430 Bedford Street Lexington, MA 02420 18. SELLER represents that, prior to the Closing Date, SELLER shall a. conduct the business of the SELLER only in the ordinary course; b. enter into no contract or incur any conaitment for the business of-the SELLER extending beyond the closing date without BUYER's consent, except for the normal reorder of inventory; c. except as requested by BUYER, maintala the as- sets of the business of the SELLER in substantially the same condition as they are at present, reasonable Near and tear excepted.. 19. BUYER acknowledges despite Seller's efforts that Seller cannot assure or guaranty, warrant or represent to the Buyer that all the employees will work for BUYER and that all the suppliers and customers of the business of the SERER will continue to deal with BUYER after the closing. BUYER further acknowledges that BUYER has had the opportu- 414L s4 nity to review the financial redorda of the SELLER and to inspect the assets of the SELLER and has not relied on any warranties or representations of the SELLER in purchasing the assets of the SELLER, except those set forth in writing in this Agreement. The BUYER does hereby specifically war- rant and represent that the BUYER has physically inspected the inventory of the SELLER and agrees to purchase said in- ventory in so- called "as is' condition. The Buyer war- rants, represents and covenants unto the Seller that Buyer has had the opportunity to have the assets of the SELLER inspected by a commercial inspection firm and has also con- ducted his own independent inspection of the assets of the SMER prior to the execution of the within Agreement and that the BUYER is fully satisfied as to the condition of the assets of the SELLER based upon said commercial inspeo- tion and his independent inspection. The assets of the SELLER are to be conveyed in their present "as is" condi- tion, reasonable wear and tear excepted, and the BUYER fur- ther acknowledges that he is not relying upon any statement or representation by the SELLER with respect to the physi- cal condition of the assets of the SELLER, it being the un- derstanding of the parties hereto that the entire agreement of the parties is fully set forth herein. The provisions of this Paragraph shall-survive delivery of the transfer of -the assets of the SELLER.• The SELLER warrants that* the equipment transferred pursuant to this Agreement is not -subject to any liens or lease not otherwise specified on Exhibit F, attached. 20. If Buyer fails to comply with BUYER's obligations to purchase the assets of the SELLER, Seller shall retain BUYER's deposit as liquidated•damages, and this shall be SELLER's sole and exclusive remedy. 21. 13UYER and SELLER warrant and represent that nei- ther has dealt with $ny person or entity in the location of the subject premises or the negotiation of this sale that would be entitled to a Broker's commission or fee. Each party agrees to indemnify and hold the other harmless against any claims for fees or commissions by any other broker or entity claiming by, through or under.the indemni- fying party in connection with this Agreement or the trans- action contemplated herein. This paragraph shall survive the delivery of the deed. 22. The parties do hereby acknowledge and agree that each party has participated fully itself and through coun- 10 qct.(o eel in the drafting, Of this Agreement and that the language of all parts of this Agreement, in all cases, shall be con- strued as a whole, according to its fair meaning, and not strictly for or against any party. The normal rule of law which provides that on interpreting written instruments, ambiguities are to be construed against the drafting party shall not be applicable to, or used in resolving, any dis- pute concerning the meaning or intent of this Agreement as a whole or any of its provisions. 23. This Agreement may not be modified, revised, al- tered, added to, or extended in any manner, or superseded except by an instrument in writing signed by the parties hereto. 24. This Agreement may be executed in several counter- parts, each of which shall be deemed an original, but all of which together shall constitute one and the same instru= ment representing the agreement of the parties hereto. 25. The failure by either party to enforce any provi- *ion or provisions of this Agreement shall not be in any way construed as a waiver of'any such provision or provi- sions, nor prevent that party thereafter from enforcing each and every other provision of this Agreement. 26. The invalidity or unenforceability of any particu- lar provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed is all respects as if such invalid or unenforceable provision were omitted. 27. This Agreement shall supersede and take precedence over any prior agreement between the parties pertaining to the subject matter hereof, whether written or oral, and all term provisions hereof shall be binding upon and inure to the benefit of the parties hereto and their heirs, succes- sors and assigns. IN WITNESS WHEREOF, the parties to this Agreement have each caused this instrument to be executed in its name and 11 q0(i on its behalf, both as of the date first above written. READING LIQUORS, INC. �BYE � Eric Berger BY: Adam o. 12 BUSW S READING LIQUORS, INC. BY: niel P. busa, Jr., President Y" 2. Exhibit 8 Included Furniture /Equipment Quantity Description 1 Two -door Leer Ice Freezer 1 One -door True Beverage Cooler 1 Three door True Beverage Cooler 1 Two -door True Beverage Cooler 1 Thirteen -door custom- built, walk -in beverage cooler. Approximately 551x25'. 12 Various- sized /capacity wooden, built -in wine display racks 2 Datasym SC6000 Electronic Cash Registers 2 Metrologic Handheld Bar Code Scanner 1 APC 200 Battery Back -up 1 Dell Dimension 4100 PC 1 Viewsonic 15" Flat Panel Monitor 1 HP Laserjet 1100 Printer 1 -Dell Keyboard 1 Dell Mouse 2 Nortel Networks Advanced Telecom Handsets 1 Verifone Credit Card Verification Terminal 1 Verifone Credit Card Printer 1 Cigarette Display Unit 3 B &W Closed- Circuit Security Cameras 2 Monitors for Security Cameras 1 Panasonic VCR 1 Ultrak Security Camera Switch 1 Built -ifi "Secure" Storage Room in Warehouse 2 It Bathrooms and related fixtures 8 Various Office Chairs 1 31x5' Schwab Safe Co. Safe 3 Desks, various 3 Four - drawer file cabinets 2 White Bookcases, generic 1 Sharp UX 600M Fax Machine 1 RCA RS3287 Compact Stereo System for P.A. System Various Lighting Various Office Supplies Various Computer Supplies Various Liquor /Wine Displays and Shelving 1 q0.(0j 7/11/2005 12:33 PW FROM: Fax Busa Nine -Apisits TO: (781) 863 -0046 PAGE: 002 OF 006 Petrtahle Page 1 of 7 Brookline Bank Print Date: 0711112005 09:31:01 User ID,. Account Name: DANIEL P BUSA JR Account Title D8:J Checking Account Balance $22,157.03 Account Number Available Balance $22,157.03 Account Type Checking 2005 Interset $10.38 Irderest Rate 0.200% 2004 Interest $20.28 04-01 -2005 to 08- 30.2005 Date Check # Transaction Credit Debit Balance Description 0411- z5a CHECK NUMBER 753 311.90 8,581.04 2005 04-12- zu CHECK NUMBER 751 38,50 6,541.54. 2005 0413- GENESIS CONSOLID PAYROLL 2005 992.05 7,533.59 0413- GENESIS CONSOLID PAYROLL 2005 1,032 29 8,585 88 0413- ZdQ CHECK NUMBER 780 2005 500.00 8 0413- DEPOSIT 2005 25,000.00 33,085.88 04-13. CHECK NUMBER 9050 2005 21.20 33,044.88 0415- DEPOSIT 2005 150.00 33,194.88 04-18- CHECK NUMBER 757 8,215.00 28,979.88 2005 0419- am CHECK NUMBER 9052 31.14 28,948.54 2005 04-19- CHECK NUMBER 781 2005 M1 240.21 28,708.33 0419- CHECK NUMBER 758 2005 ZDA 13,588.00 13,142.33 04 -20.. GENESIS CONSOLID PAYROLL 2005 992.05 14,134.38 04-20. GENESIS CONSOLID PAYROLL 2005 1,032.29 15,188.87 04-20- CHECK NUMBER 783 2005 500.00 14,5W.67 0422- AT &T RES LD BILL PAY 2005 8.12 14,880.55 04-22- CENTRAL MAINE PO BILL PAY 2005 7.07 14,853.48 0422- VERIZON BILL PAY 2005 32.38 14,821.12 04-22- MBNA PLATINUM MA BILL PAY 2005 VERIZON BILL PAY 38.29 14,582.83 0422- 4933 14,533 50 2005 1ritPs:// www. brooklinebank. com/ onlineserv/ H& Swnmary. cgi ?nextStartMonth=04 &nextStartDay... 7/11/2005 7/11/2005 12:33 PII TAW[: Tax Buaa Wine —Spirits TO: (791) 663 -0046 PAGE: 003 OF 008 . PfintaWc - Page 2 of 7 04 -22- EXXON COMPANY US BILL PAY 2005 85.99 14,447.51 0425. CHECK NUMBER 755 25.00 14,42251 0428- DBT PURCHASE 2005 CHILI'S GRIS3100008318 HADLEY MA 144.20 14,278.31 04-28- za CHECK NUMBER 782 25p.00 14,028.31 2005 04.27- GENESIS CONSOLID PAYROLL 20O5 992.05 15,020.38 04.27- GENESIS CONSOLID PAYROLL 1,032.29 18,052.85 2005 04-27- COMCAST - CHELMS BILL PAY 2005 117.99 15,934.88 04.27- Zak CHECK NUMBER 788 500.00 15,434.88 2005 04.27- m CHECK NUMBER 785 50.00 15,984.88 2005 04-27- CHECK NUMBER 788 2005 7ee 78.75 15,305.91 04-27- zm CHECK NUMBER 784 2,338.74 12,987.17 2005 .04 -27- 759 CHECK NUMBER 759 5,124.00 7,843.17 2005 0428- DBT PURCHASE 25.45 7,817.72 2005 WALGREEN 00031039 ARLINGTON MA 04-28- W53 CHECK NUMBER 9053 42.40 7,775.32 2005 04-Z9- AT&T RES LD BILL PAY 8.74 7,788.58 2005 04-29- QWEST BILL PAY 8.88 7,759.92 2005 04-29- AT&T RES LD BILL PAY 2005 14.94 7,744.88 04.29- PREMIER INSURANC BILL PAY 2005 281.00 7,483.88 0429- BANK OF AMERICA BILL PAY 500.00 8,983.88 2005 0429- AMERICAN EXPRESS BILL PAY 577.78 8,408.20 2005 ATM WITHDRAWAL 0429- 2005 ARLINGTON 858 MASSACHUSETTS AVE 200.00 8,206.20 ARLINGTON MA 0429- CHECK NUMBER 787 184.08 8,022.14 2005 05.02- PAYMENT TO LOAN: ML 8100001830 2,234.32 3,787.82 2005 05.02- PAYPAL VERIFYBANK 0.04 3,787.88 2005 05.02- PAYPAL VERIFYBANK 0.06 3,787.92 2005 05.02- CHECK NUMBER 771 2,143.40 1,844.52 2005 05.04 GENESIS CONSOLID PAYROLL 992.05 2,838.57 2005 GENESIS CONSOLID PAYROLL 1,03229 3,886,88 05-04- https:// www .brooklinebanLoom/onlineserv/HB/ Summary.cgi?nextStartMonth=04 &nex* tMANy.. qcL (o G 7/11/2005 7/11/2005 1203 PX FAOK: Fax Duna Nina -Apisita TOt (781) 863 -0046 PA08s 004 OF 008 .Printable Page 3 of 7 2005 ATM WITHDRAWAL 05-04_ 2DO5 LEXINGTON 1793 MASSACHUSETTS AVE 200.00 3,488.88 LEXNGTON MA 05.04. CHECK NUMBER 789 2005 100.00 3,388.88 05.04_ CHECK NUMBER WU 2005 182.00 3,208.88 05-05. QUICKEN BILL PAY BILL PAY 2005 12.44 3,184.42 05.05- CHECK NUMBER 774 500.00 2,884.42 2005 054)5. CHECK NUMBER WN 2005 ON 73.00 2,821.42 05408. OLD NAVY BILL PAY 2005 78.49 2,544.93 05.08. DISCOVER CARD SE BILL PAY 2005 100.00 2,444.93 054)8-. AMERICAN EXPRESS BILL PAY 2005 381.03 2,083.90 ATM WITHDRAWAL 05.09- 2005 LEXINGTON 1793 MASSACHUSETTS AVE 200.00 1,853•90 LEXINGTON MA 05-M CHECK NUMBER 9055 2005 180.00 1,723.90 05.09- CHECK NUMBER 9068 2005 mm 388.25 1,357.85 05-10- CHECK NUMBER 773 2005 Zza 134.00 1,223.85 05.10. CHECK NUMBER 9057 2005 2w 358.00 885.85 05.11_ GENESIS CONSOLID PAYROLL 2005 982.05 1,857.70 05.11_ GENESIS CONSOLID PAYROLL 2005 1,032.29 2,889.99 05.11. GENESIS CONSOLID PAYROLL 2005 8,072.92 1 0,982 91 05.11_ CHECK NUMBER 776 2005 zm 500.00 10,482.91 05.12_ Zza CHECK NUMBER 772 45.00 10,417.91 2005 05.13- INTEREST PAID 2.28 10,420.19 2005 05.18. 733 CHECK NUMBER 733 50.00 10,370.19 2005 05.18- CHECK NUMBER 778 240.21 10,128.98 2005 05.17_ 9058 CHECK NUMBER 9058 32.58 10,097.42 2005 05.17_ zm CHECK NUMBER 779 2,012 71 8,084.71 2005 05.18- GENESIS CONSOLID PAYROLL 992.05 9,076.76 2005 05.18. 2005 GENESIS CONSOLID PAYROLL 1,032.29 10,109.05 "[ GENESIS CONSOLID PAYROLL 8,072.92 18,181.87 05.18- 1 hops : / /www.brookhncbaniLoom/online iorv/H]3/ Summary. cgi ?nexL%artMonth=04 &nexL9tartl)ay... 7/11/2005 7/11/2005 12:33 IN n=s Fax Bnsa Wins j3pitits TO: (781) 863 -0046 PAM 005 OF 008 •Printable Page 4 of 7 2005 05.18- CHECK NUMBER 782 2005 m 500.00 17,881.97 05.19- CHECK NUMBER 781 2005 781 94,24.17,587.73 05-19- CHECK NUMBER 780 2005 311.90 17,275.83 05-20- EXXON COMPANY US BILL PAY 2006 108.37 17,187.48 05-20- COMCAST - CHELMS BILL PAY 2 D05 9 113.77 17,053.89 05-23- CENTRAL MAINE PO BILL PAY 2 � 7.07 17,048.82 06-23. CHECK NUMBER 775 2005 4,700.00 12,348.82 05-24- gm CHECK NUMBER 9080 203.84 12,142.78 2005 05.25_ GENESIS CONSOLID PAYROLL 2005 1,032.29 13,175.07 05-25- GENESIS CONSOLID PAYROLL 2� 1,083.19 14,258.28 05-25- GENESIS CONSOLID PAYROLL 2005 8,849.78 23,108.04 05-25- VERIZON BILL PAY 2005 32.33 23,075.71 05.25- VERIZON BILL PAY 2 DO5 49.33 23,028.38 8 05-25- CHECK NUMBER 783 500,00 22,528.38 2005 05-27- KOHLS BILL PAY 2005 140.43 22,385.95 05-27- PREMIER INSURANC BILL PAY 2005 261.00 22,124.95 05-27- MBNA PLATINUM MA BILL PAY 2005 338.12 21,786.83 0547- BANK OF AMERICA BILL PAY 500.00 21,288.83 2W5 08-01- PAYMENT TO LOAN: ML 8100001830 2,234.32 19,05151 2 08.01- GENESIS CONSOLID PAYROLL 1,083.19 20,135.70 2 08.01- GENESIS CONSOLID PAYROLL 1,127.15 21,282.85 2 � 08.01- GENESIS CONSOLID PAYROLL 8,878.92 30,141.77 2 08.01- AMERICAN EXPRESS BILL PAY 148.15 29,983.82 2005 08.01- 13461 CHECK NUMBER 9081 386.25 29,827.37 2005 08.03- QVVEST BILL PAY 4.08 29,823.29 2005 06.03- VERIZON BILL PAY 32.33 29,590.98 2005 06.03- DISCOVER CARD SE BILL PAY 500.00 29,090.98 2005 06-03, CHECK NUMBER 788 https:// www. brooldinabank.com/onlineserv/HB/ Summary. cgi ?noxt9tartMonth-04 &ncx6UrtDay... ya.68' 7/11/2005 7/11/2005 12:33 PS FA@I: Fax Hnaa Wine - Apirita T0: (781) 863 -0016 PASS: 006 OF 006 .pfin we Page 5 of 7 2005 m 500.00 28,590.98 08-08- QUICKEN BILL PAY BILL PAY 2005 9.95 28,581.01 CHECK NUMBER 785 � 2,143.40 28,437.61 08-07- AMERICAN EXPRESS BILL PAY 2005. 2,381,32 24,078.29 06.07_ CHECK NUMBER 788 2005 375.00 23,701.29 08.06. GENESIS CONSOLID PAYROLL 2005 1,06318 24,784.48 08.08- GENESIS CONSOUD PAYROLL 2005 1,127.15 25,911.83 08-M GENESIS CONSOLID PAYROLL 2005 8,878 92 34,780 65 064)8. CHECK NUMBER 791 2005 791 500.00 34,290.55 064)8. CHECK NUMBER 770 2005 m 83.00 34,227.55 084)S- CHECK CHECK NUMBER 9082 2005 8Z50 34,145.05 064)8. CHECK NUMBER 790 2005 311.90 33,833.15 06.10. FILENE'S BILL PAY 2005 215.96 33,817.19 08-10- CHECK NUMBER 9083 2005 24,0) 33,593.19 08-14 CHECK NUMBER 793 2005 50.00 33,543.19 08-14 CHECK NUMBER 798 2005 50,00 33493.19 06.15. GENESIS CONSOLID PAYROLL 2005 1,083.19 34,576.38 06.15. GENESIS CONSOLID PAYROLL 2005 1,127.15 35,703.53 06.15- GENESIS CONSOLID PAYROLL 2005 8,878.92' 44,582.45 06.15. CHECK NUMBER 798 2005 798 500.00 44,082.45 06.15. CHECK NUMBER 795 50.00 44,032.45 2005 08.15. CHECK NUMBER 794 2005 RA 100.00 43,932.45 06.15- CHECK NUMBER 9088 2005 575.00 43,357.45 08.15- INTEREST PAID 2005 4.24 43,38119 06.16. POS PURCHASE 2005 1425 MASS AVE 00 ARLINGTON MA 72'89 43'288'80 06.16. CHECK NUMBER 9088 2005 8.30 43,282.50 06.16. CHECK NUMBER 9064 32.57 43,249.93 2005 06.17- CENTRAL MAINE PO BILL PAY 2005 8.53 43,241.40 08-17- DBT PURCHASE kttps:// www. brooklinebani Lcom/onlineserv/HB/ Summary. cgi? nextStardAonth=04 &ncxtStartI)ay... yo'49 7/11/2005 7/11/2005 12:33 PN FRQ(: Fax Duna Wine _Apisits 70: (761) 663 -0046 PAW: 007 OF 008 • Printable Page 6 of 7 2005 AUTOBAHN AUTOMOTIVE LEXINGTON MA 402.85 42,838.55 06.17- CHECK NUMBER 9087 2405 28.50 42,812.05 08.2)- DBT PURCHASE 2005 SYDNEYS RESTAURANT NAPLES ME 98.02 42,714.03 08.20- DIST PURCHASE 2D05 CHAPTER 11 BRIDGTON ME 524.99 42,189.04 08-2D- DDT PURCHASE 2005 R.H. RENY INC. BRIDGTON ME 51.74 42,137.30 08-2D- CHECK NUMBER 789 2005 50.00 42,087.30 08.21- DBT PURCHASE 2005 MOOSE LANDING MARINA NAPLES ME 235.14 41,852.18 08-22- GENESIS CONSOLID PAYROLL 2005 1,083.19 42,935.35 08-22- GENESIS CONSOLID PAYROLL 2D05 1,127.15 44,082.50 08.22- GENESIS CONSOLID PAYROLL 2005 8,878.92 52,941.42 08.22_ EXXON COMPANY US BILL PAY 2005 82.18 52,879.28 46.22_ COMCAST - CHELMS BILL PAY 2005 109.70 52,789.56 08.22_ ING DIRECT WITHDRAWAL 2005 30,000.00 22,709.56 08-22- ML CHECK NUMBER 787 2005 100.00 22.GM 0322_ CHECK NUMBER 797 2005 1 �. 06-22- CHECK NUMBER 800 240.21 2Z329.35 08.23 CHECK NUMBER 801 2005 500.00 21,829.35 06-24- AT&T RES LD BILL PAY 2005 6.74 21,822.61 08.2¢ VERIZON BILL PAY 2005 43.48 21,779.13 08-24- MACY'S - ALL ENV BILL PAY 2005 185.15 21,593.98 08-24- PREMIER INSURANC BILL PAY 2005 416.00 21,177.98 06.2¢ MBNA PLATINUM MA BILL PAY 2005 1,000.00 20,177.98 48.27_ DBT PURCHASE 2DO5 CASA MIA RESTAURANT WALTHAM MA 218.23 19,981.75 08.28. CHECK NUMBER 9069 2005 1,000.00 18,981.75 08-29- GENESIS CONSOLID PAYROLL 2005 1,083.19 20,044.94 08.29_ GENESIS CONSOLID PAYROLL 2005 1,12715 21,172 09 06-29- GENESIS CONSOLID PAYROLL 2005 8,878.92 30,051.01 08_Z9- CHECK NUMBER 802 2005 M2 100.00 29,951.01 05,E CHECK NUMBER 9085 Y0.-7o https:// www .brooklinabankoom/onlineservffl& Summary. cgi? nextStartA4onth=04 &ncxtStarkDay... 7/11/2005 .Printable 2DO5 08.30- 2005 08-90- 2005 08-30- 2005 7111/2006 12:33 PH FWX9 rax Bnea Wine -.Opirite TO: (781) 863 -0096 PAGE: 006 Or 008 Page 7 of 7 QVYEST BILL PAY M4 CHECK NUMBER 804 mm CHECK NUMBER 9070 580.00 29,371.01 2.43 29,388.58 500.00 28,888.58 99.00 28,789.58 ya 7/ laps:// www. brooklinebank.com/onlineserv/HB/ Summary. cgi? nextStartMonth- 04 &nextSUrtDay... 7/1 U2005 LEGAL NOTICE OF r k J ,9C lH[ONQO4 t TOWN OF BEADING ' To' the. inhabitants of., the Towinof Reading:' Please take notice. than the Board of Selectmen of the Tgwn of Reading will hold public hdar- ings on the following matters; on Tuesday,. September _ 6, 200§ . in the Selectmen's Meeting Room; 16 ' Lowell Street, Readl6g, Massachusetts: John Street Neighborhqod Traffic Regulations ; . 8:30 p;m. • • Stop sign both ctreotitm5Green Street at Elliot • Str®et 7 sign both directions' u,TXAt[ Pleasant Street at Eaton Street (making a 4-;% ~ • SIO sign both directions - Allage • Street at' Green Street (making a 4-way stop) • Stop Intersection - George Streetat Curtis Street 8:45 p.m. No parking on both sides of Zachary. Lane 9:00 p5n. • Amendments to Board of Selectmen Policies: 9'15 p.n. • Section 5 Community Services * . ' • Section 6 - Persom el Related Policies- . All interested parties - may appear in person, may submit .their comments in writing, -or may email comments j o Iw jnanaaer@ci.readinq.ma•,Uj. By ordePf Peter I., Hechenbleik r. Town Mana r 8/26 l r yb SE NEIGHBORHOOD PROPOSED TRAFFIC REGULATIONS iij Proposed 4-way stop r + Existing 4-way stop Existing 4-way stop G~ 1F J - Proposed 4-way stop - _ - Proposed 4-way stop i' Legend Map by: Town of Reading Town Boundary Roads Map date: 8/19/06 Planimetric features Paved based on aerials taken Parcels (Unpaved 8/98• Data are for Buildings planning purposes only. Sidewalks Streams 0 100200 400 600 Ft Driveway Ponds Qx, ybz Page 1 of 1 C.~ ~ cs Hechenbleikner, Peter q-~d5 From: Hechenbleikner, Peter Sent: Tuesday, August 30, 2005 3:41 PM To: 'mroizner' Subject: RE: Village Street Traffic Thanks you Monica - I will pass this along to the Board of Selectmen. FYI, speed pumps are not permitted on a public street. Pete -----Original Message----- From: mroizner [mailto:mroizner@comcast.net] Sent: Saturday, August 27, 2005 5:49 PM To: Town Manager Subject: Village Street Traffic I am writing to support the installation of both direction STOP signs on Village Street at Green Street. Residents of Village Street have increased traffic due to the Shopping Center. Cars go by at high speeds putting residents at risk. In addition to STOP signs, we would like to request the installation of SPEED BUMPS and the ongoing monitoring of speed. Thank you for your attention to this matter, Dr. Monica Roizner 30 Village Street Reading, MA 01867 (781) 779-1017 mroizner(a7comcast. net y 61 8/30/2005 Page 1 of 1 Hechenbleikner, Peter From: mroizner [mroizner@comcast.net] Sent: Saturday, August 27, 2005 9:36 PM To: Town Manager Subject: stop signs To Whom It May Concern: I strongly support the installation of stop signs at the intersection of Green and Village Streets. I have an eight year old boy who comments on how fast the traffic goes here. I think Village St. has become a commuter short cut of some kind, and this has even visibly changed since the new mall at Walker Brook, which we are otherwise very happy to have. Any modifications that would slow down the traffic and not put children and residents at risk would improve quality of life. For the record, we're new to Reading and find it a friendly, convenient, and pleasant town. All best, George Smart; and for the benefit of JohnPatrick, my son; and Monica, the love of my life. qbq 8/30/2005 Laser Mailing Labels Use template CEG0320 Jam-Proof 2460030000000020 2460030000000020 2460030000000020 LYNCH JAMES T TRUSTEE . I LYNCH JAMES T TRUSTEE LYNCH JAMES T TRUSTEE L.A.B. REALTY TRUST 1 L.A.B. REALTY TRUST ' L.A.B. 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YAMANE 30 ZACHARY IN 40 ZACHARY IN 48 ZACHARY LANE READING, MA 01867 READING, MA 01867 i READING, MA 01867 246222A000000190 2462230000000040 246065000000020B MICALE DOMENIC MURPHY ANDREW P ROIZNER MONICA KELLIE MICALE KIM M MURPHY 30 VILLAGE ST 54 ZACHARY IN 33 DIVIDENCE RD READING, MA 01867 READING, MA 01867 READING, MA 01867 246065000000020A BOUCHER JEFF D CAROLINE E BOUCHER 28 VILLAGE STREET READING, MA 01867 yb9 Corporate S1 G N A T U R£ 1.888.CE TODAY (238.632 C Exprew www.CorporateExpress.com and www.eway.cc Laser (`!tailing Labels Use template CEG032( Jam-Proof 2460540000000440 2460540000000460 '246055000000001A I FULGONI KEVIN TR LJH MAIN STREET LLC RPB PROPERTIES INC ( 600 SHIRLEY ST SIX MIDDLESEX REALTY TRUST 21 ANGLEWOOD LN 6 MIDDLESEX AVE NORTH READING, MA 01864 WINTHROP, MA 02152 READING, MA 01867 2460550000000020 2460550000000030 2460550000000040 RPB PROPERTIES INC JOHNSON DAVID C CHRISTOPOULOS EFTHEMIOS 600 SHIRLEY ST JOHNSON LINDA S JOHANNA CHRISTOPOULOS WINTHROP, MA 02152 71 GREEN ST 75 GREEN ST READING, MA 01867 READING, MA 01867 2460550000000050 2460550000000060 2460550000000070 CARPENELLA MICHAEL A TOUSSAINT ROBERT ! RPB PROPERTIES INC FELIX F CARPENELLA KAREN TOUSSAINT 600 SHIRLEY ST 46 TAMARACK RD 83 GREEN ST WINTHROP, MA 02152 READING, MA 01867 j ! READING, MA 01867 2460550000000080 2460550000000090 246055000000020& GRACE EDWARD F NICKERSON ROBERT A ! MBP LLC CLAIRE I GRACE ! NICKERSON FRANCES M 41 KNOLLWOOD RD 91 GREEN ST 41 ELLIOTT ST READING, MA 01867 READING, MA 01867 ! READING, MA 01867 (2460560000000200 2460560000000210 1'246056000000022& JOHNSON LYNNE S DAWSON MAX N CICCONE JESSE 105 JOHN ST JESSIE L FOLEY JR JANE CICCONE MA 01867 READING 132 VILLAGE ST 129 GREEN ST , READING, MA 01867 1'~ READING, MA 01867 l '2460560000000300 '2460560000000310 2460560000000320 VARGAS EDWIN CHILDRESS WILLIAM L GROSSI JANE E LYNNE ANN VARGAS ELLEN C CHILDRESS 107 GREEN STREET 103 GREEN STREET 105 GREEN ST READING, MA 01867 READING, MA 01867 READING, MA 01867 2460560000000330 2460560000000340 2460560000000350 MARTIN TERESA M DIMAGGIO SALVATORE CHANKHOUR ZAFER 109 GREEN ST MICHELE DIMAGGIO 113 GREEN ST READING, MA 01867 111 GREEN ST READING, MA 01867 ~ READING, MA 01867 i 2460560000000360 j 2460560000000370 ;2460560000000380 LANTEIGNE HUGUET DEWEY VERA M RIKOV PETER BEATRICE C LANTEIGNE 123 GREEN ST KLARISA RIKOVA 121 GREEN ST MA 01867 READING 127 GREEN ST READING, MA 01867 , READING, MA 01867 2460560000000400 2460650000000340 2460650000000350 GIARDINA MARK S D'ANGIO CARL E JR HOYT DAVID B TA.RA A GIARDINA 191 FIELDSTONE RD ELLEN-STACIA CLARK 103 VILLAGE ST WESTWOOD, MA 00000 110 GREEN ST READING, MA 01867 READING, MA 01867 2460650000000360 246065000000037B 2460650000000380 O'NEIL JAMES B STICKEL SHAWN K KYES MICHAEL L JOANNE B O'NEIL 84 GREEN STREET JENNIFER KYES PO BOX 445 READING, MA 01867 72 GREEN ST YORK, ME 03909 READING, MA 01867 ~j Corporate 5 1 c N A T U R C 1.888.CE TODAY (238.632 Express' www.CorporateExpress.com and www.eway.cc Laser Mailing Labels Jam-Proof 2460650000000390 HYSLIP GEORGE R LORETTA L HYSLIP 70 GREEN ST READING, MA 01867 2460660000000060 DUDZULIS STANLEY J CAROLYN DYDZULIS 21 WILSON AVE WAKEFIELD, MA 01880 2460670000000010 JOHNSON ALBERT F ELEANOR J JOHNSON 108 JOHN ST READING, MA 01867 i 2460650000000400 PIERRO JERRY GERALDINE A MURRAY ETAL 17 RODGERS CIR NORTH READING, MA 01864 2460660000000070 FORSYTHE PAUL A KATHRYN A FORSYTHE 140 GREEN ST READING, MA 01867 i Use template CEG032( 2460650000000410 FONTES PAUL JEFFREY L VEGLIA i 33 EDWARD ST LYNNFIELD, MA 01867 2460660000000210 JERRETT ARTHUR J LINDA JERRETT 102 JOHN ST READING, MA 01867 i' i ,I 1{b Corporate s i G N A T U R£ Express- A14vmv.Cwpvry 1.888.CE TODAY (238.632 www.CorporateExpress,com and www.eway.cc LEGAL NOTICE OF y k~ 9jINcoR~ TOWN OF READING To - the, Inhabitants of, the Town of Reading:' Please take notice. that. the Board of.Selectmen of the Tgwn of Reading will hold public hdar- ings on the following matters;on Tuesday,.September.6,. 200§. In • the Selectmen's Meeting Roam; .16 • Lowell Street, Readigg, Massachusetts: 4 john Street Neighborhood Traffic Regulations ; . 8:30 pm. • Stop sign both directions - • Green Street• at .Elliot 'Street making a 4-way stop). • Stop sign both directions. Pleasant Street at Eaton Street (making a 4=way stop) . • Stop sign, both direction's - Village ..Street at* Green Street (making a 4-way atop) • p4- rrWsecti` own - George .Streetat Curtis Street 8:45 p.jn. , No parking on both sides of Zachary. Lane 9:00 p4n. • Amendments to Board of Selectmen Policies: 9'15 p.tn. • Section 5 - Commu ty Services' . ' n • Section 6 - el Person Related Policies- Ali interested parties may appear in person, may submit •their comments -in writing, •or, may email comments -.to town tnanaggr@ ci,readingM&U2. By orde ~f Peter .I., ochenbleik r, Town Maria ' r. 8/26 , yc. t GREYS TONE AREA pROP OS>EQ TRAFFIC R,EGULA TI \ - ONS T 8 '"f0 F28` ` b 20a 47 1-7 ; ~ _ f ~ r ~ ; : I ~ I g.' 78_ I .2~1 rzt ~-71E ' r ^ r : 72 'S• I ,.t : { 17 ~s 37 ~ u. 3 a Existing ~38 Y3 Tr 4-way stop 1 53 i : is 5 2 17 10 i so 21 j ? s Proposed stop C-___-- 24 z 2 zs d8L-j ( 4 ; \ JACOB WAY JJj . 49 28 i1 `cam 47, 4S ~p , 3_ 1 / 6J.35 Legend Map by: Town of Reading L..."""i Town Boundary Map date: 8/19/05 Driveway Planimetric features Parcels Roads based on aerials taken Buildings 8/98. Data are for 1 Paved Planning purposes only. Sidewalks Unpaved 0 400 zoo 300 it Ft yc Z Page 1 of 1 Hechenbleikner, Peter From: Robin Hamilton [robinhamilton@comcast.net] Sent: Tuesday, August 30, 2005 8:33 PM To: Town Manager Subject: 9/6/2005 meeting - Stop Intersection - George Street at Curtis Street Hello Mr. Hechenbleikner: As residents of 102 Curtis Street for almost 13 years, my husband and I have long felt that the lack of a stop sign on George Street at the intersection of Curtis Street is a hazard. There have been numerous occasions when drivers coming from George Street have failed to yield or stop when merging onto Curtis Street. This has resulted in near miss accidents when we have traveled both north and south bound on Curtis Street. We are in support of the proposed stop sign on George Street at the Curtis Street intersection. Regards, Robin Hamilton 4C13 8/31/2005 LEGAL NOTICE s,:+ Ulf. i „ ,.TOWN OF FADING To - the, Inhabitants of., She Town"of Reading:' Please take notice. that. the Board of telectmen' of the Town of Reading will hold public hdar- ings on the following matters; on Tuesday,. September.6,. 200§. in the Selectmen's Meeting Roam; 16 'Lowell Street, Readi6g, Massachusetts: S.John Street Neighboncciod Traffic Regulations ; . 8:30 pm. • Stop sign both directions - Green *Street at Elliot * Str~et making a 4-way stop). • Stop sign both direction's - Pleasant Street at Eaton Street (making a 4=way stop) . • Stop sign both direction's - Village . Street at' Green Street (making a 4-way stop) • Stop: Intersection - George Street: at Curtis Street 8:45 p.m. No parking on both sides of (00OZachary.Lane 9:00 pri. • Amendments to Board of Selectmen Policies: 9:15 p.1n. • Section 5 - Commurr-Aty Services, . ' . • ' Section 6 - Persona el Related Policies' All interested parties - may appear in person, may submit their comments -in writing, -or' . may email comments to town rnanager@ci.readinq.ma.tls. By order' -f Peter ,I.,Hechenbieik r Town-Mane ' .r 8/26 yd ~ 1 t DIVIDENCE RD, EMERSON ST NEIGHBORHOOD i rr i r 1 1 , i 1 1 , 2 6- I 51 I ` 1 - I i I I I gin 1 F ' i WOOD END ryk 1 , ELEMENTARY i SCHOOL m I ; ' Legend Map by: Town of Reading Map date: 8/24/05 Parcels Roads Planimetric features based on aerials Wood End School ( Paved taken 8/98. Wood End School and Unpaved driveway locations are approximate. Buildings Data are for planning purposes only. Driveway Streams 0 100 200 300 r > = Sidewalks Ponds Ft d z Page 1 of 1 Hechenbleikner, Peter From: Hechenbleikner, Peter Sent: Friday, September 02, 2005 7:22 AM To: 'mercerst@comcast.net' Subject: RE: Town meeting-Zachary Lane Thanks - I'll forward this to the Board of Selectmen. My sense is that it is likely to have no parking on one side of the street during 7:30 to 8:30 am and 2:30 to 3:30 PM on school days. Pete. -----Original Message----- From: mercerst@comcast.net [mailto:mercerst@comcast.net] Sent: Thursday, September 01, 2005 9:11 PM To: Town Manager Subject: Town meeting-Zachary Lane Mr. Hechenbleikner, We received the notice of the town meeting on September 6, 2005 and noticed that one of the items on the agenda concerns parking on Zachary Lane. We assume this has to do with the new school. We live at 19 Zachary Lane, and although we will not have children attending the new school we do not have a problem with people parking on Zachary Lane. We voted for the new school and support it, traffic problems and all. We are also concerned about how this will effect us when we have guest at our home. We will not be able to attend the meeting but wanted you to know that we are against the no parking. Damian & Michelle Dell'Anno q d'?7 9/2/2005 Page 1 of 2 Hechenbleikner, Peter From: Hechenbleikner, Peter Sent: Thursday, September 01, 2005 11:30 AM To: 'Patti and Dan Cameron' Subject: RE: Zachary Lane - Town Meeting I will be sure that a copy of this email goes to the Board of Selectmen. Pete -----Original Message----- From: Hechenbleikner, Peter Sent: Thursday, September 01, 2005 11:29 AM To: 'Patti and Dan Cameron' Subject: RE: Zachary Lane - Town Meeting Patti and Dan This issue is raised because of a concern raised when we implemented various traffic regulations related to the new school, and the scope of the notice allows the most extreme situation which would b to prevent all parking. I think it is more likely to restrict parking to one side of the street during certain hours - at the beginning and end of school. Pete -----Original Message----- From: Patti and Dan Cameron [mailto:pvcameron@comcast.net] Sent: Thursday, September 01, 2005 10:09 AM To: Town Manager Subject: Zachary Lane - Town Meeting Mr. Hechenbleikner, We recieved a Legal Notice in the mail announcing the Town Meeting on Sept 6, 2005. One of the items references "No parking on both sides of Zachary Lane". We're wondering where that originated. We live on 22 Zachary Lane and see no reason why parking on the street should be taken away. We assume that it has something to do with the new school. We are aware of the parking issues related to the school that the town is trying to resolve. Frankly, we're embarrassed that the implication with this matter suggests that our neighborhood is not willing to pitch in with the parking problems. We all voted for the school and should be willing to put up with a few cars parked in front of our houses. Many neighbors on the street park on the street themselves and certainly when we have family gatherings and parties our guests use the street as well. We are not sure if we can attend the meeting next Tuesday and wanted our opinion on this matter expressed. To summarize, we are AGAINST the "no parking" suggestion for Zachary Lane. Patti & Dan Cameron qAq 9/2/2005 Page 1 of 3 Hechenbleikner, Peter From: Michele [michele@bestroad.com] Sent: Friday, September 02, 2005 8:41 AM To: Hechenbleikner, Peter Subject: Re: Wood End parking restrictions Ok, now I get it. I forget that a one way is a bit different than a do not enter. Mr. Davidson had the same question so I will let him know as well. Thanks again for clarifying! ! Original Message From: Hechenbleikner. Peter To: Michele Cc: Chris Reillv ; Jim Cormier ; Joe Delanev ; Peter Hechenbleikner ; Ted McIntire ; Tom Murr)hv Sent: Friday, September 02, 2005 7:25 AM Subject: RE: Wood End parking restrictions Michele We'll monitor #1, but my point is that Dividence is not a 1 way street at that time - you just can't enter Emerson from Franklin, so no through traffic should be going up Emerson and taking a right on Dividence. And if cars westbound on Dividence park on the left side of the street, that is illegal parking and we will enforce it. But, that said, let's see what happens. Pete -----Original Message----- From: Michele [mailto:michele@bestroad.com] Sent: Thursday, September 01, 2005 8:43 PM To: Hechenbleikner, Peter Cc: Reading - Selectmen Subject: Re: Wood End parking restrictions Pete, Thanks so much - I know you have a full plate. I just made a few comments below also (I'm still confused on #1): Original Message From: Hechenbleikner. Peter To: Michele Sent: Thursday, September 01, 2005 4:56 PM Subject: RE: Wood End parking restrictions Sorry Michele - busy time of year. See my comments below. -----Original Message----- From: Michele [mailto:michele@bestroad.com] Sent: Monday, August 29, 2005 10:18 AM To: Town Manager; Reading - Selectmen Subject: Wood End parking restrictions 9/2/2005 Page 2 of 3 9/2/2005 1. During the Working Group meetings there was discussion to have parking on one side of Dividence Road for pick up and drop off. From what I've read it looks like Dividence is the only access road to Wood End that has parking on both sides. Dividence is narrow and it would be very difficult to drive through plus the fact that an emergency vehicle or other large vehicle may not get by. Will parking be restricted on the south side?[Hechenbleikner, Peter] Other than in the area of the corner of Dividence and Emerson, and of course the "dead end", we did not restrict parking on Dividence. We'll see how it goes, but it shouldn't be a problem in that you can't enter Emerson at Franklin during the restricted hours, and it's against the law to park on the wrong side of the street. But we will monitor it - someone may try to take advantage of the situation. I guess I'm trying to say that I am concerned that cars would park on the left and right hand side of Dividence facing west when it is a one way since they would be facing the direction of traffic. I see that Emerson will have signs up on the east side restricting parking so I don't understand the difference. I'm just envisioning a student getting out of his/her car parked on the left and stepping onto the street and traffic instead of the sidewalk. Also, large trucks or the Coolidge bus may not being able to get through (in the afternoon). Pickup may be more of an issue than drop off. But if 1 understand you correctly, it sounds like the Town only wants parking on the north side. Is that right? That scenerio is safest for the students and would be less chaotic and more in line with the rest of the streets involved. 2. Why are the parking restrictions different on the access roads to Wood End? Sunset and Roma have no parking 7:30-9 PM while the others will be 7:30-8:30 and 2:30-3:30. Shouldn't the restrictions be consistent? The 9PM restriction will alleviate parking on both sides of the street for early release days and open houses at the school. [Hechenbleikner, Peter] Good question. The Board of Selectmen was trying to respond to resident preference. Again, we'll have to see how it goes, but Roma Lane will be primarily neighborhood residents so hopefully it won't be an issue. Ok, so the resident preference on Fox Run and Emerson was 7:30-8:30 and 2:30-3:30 not 7:30-9pm. Also, since the Do Not Enter sign does not apply for early release day on Wednesdays, (12:45) I'm assuming the school administration will ask parents to use Dividence and Emerson as a one way as they do for the 2:45 release time with the same parking bans. I'm sure Barrows has a way they deal with it on Edgemont St. I can ask Mr. Davidson. 3. I noticed a public hearing in the Reading Chronicle pertaining to parking restrictions on both sides of Zachary Lane. Parking restrictions on one side should be sufficient; it might be more convenient for parents to park on the east side of Zachary. [Hechenbleikner, Peter] Again in response to a resident issue. My guess is that the Board would approve restrictions similar to the other streets, but the notice is written broadly. Some neighbors from Zachary actually called me about this after I wrote this email. They didn't know where the idea of no parking on both sides came from and don't mind if people park on Zachary. It just sounds like parking may end up being restricted to one side during school hours. 4. Any luck on getting left turn arrows at the traffic light at Main and Franklin streets? [H echenblei kner, Peter] We haven't had time to do the request yet - our argument is going to be school related, since they already turned us down once on general traffic concerns. Good Luck - I know people would love ycl ~ LEGAL NOTICE OF t N , 1 6V iyQ 3yrfNCORP~~ TOWN OF 'READING To the Inhabitants of 'the Town of Reading: Please take notice. that the Board of Selectmen of the Tdwn of Reading will hold public h4ar- ings on the following matters; on Tuesday,.September.6, 2005.1n the Selectmen's Meeting Room; 16 . Lowell Street, Reading, Massachusetts: John Street Neighborhood Traffic Regulations t . 8:30 p;m. • Stop sign both directions - Green Street at Elliot Street making a 4-way stop). • Stop sign both directions - Pleasant Street at Eaton Street (making a 4=way stop) . • Stop sign both direction's - Village Street at' Green Street (making a 4-way stop) • Stop Intersection - George Street at Curtis Street 8:45 p.m. No parking on both sides of Zachary. Lane 9:00 r n. Amendments to Board of rSelectmen.Policlet:..' 9:15 p.M • Section 5 Commurdty Services • Section 6 - Pe e Related Policies, All interested parties may appear in person, may submit their comments in writing, or may email comments : to town manaaer@ci.readina.ma.us. By ord6Mf Peter.l. Hechenbleik_r Town Mana r 8126 qe-i ARTICLE 5 - 14UA N COMMUNITY SERVICES POLICIES Adopted Section 65.1- Human Services Revolving Funds 65.1.1- Creation There are hereby created four donation funds within the Department of Human Community Services in the Town. These shall be kept separate and distinct. They are as follows: 1. Shopper Assistance Fund - Elder/Human Services Division 2. General Assistance Fund - Elder /Human Services Division 3. General Assistance Fund - Elder/Human Services DepatAdnetit Division 4 r-evenfie Edueatio Health Prevention Fund - Health Division 65.1.2 - Purpose These funds are established as follows: Fund No. 1 - to pay the salary and expenses of the Shopper to assist the elderly in meeting their routine shopping needs. Fund No. 2 - to assist the elderly in times of need and when no other resources are available. Examples may include: helping to meet transportation expenses, or extraordinary repairs to property. This fund is set up so that in many instances, loans can be repaid and the moneys made available again. Fund No. 3 - similar to Fund No. 2, this fund is established to assist any resident of the Town in time of need, and when no other resources are available. Some elements of this fund may be set up on a loan basis, with repayment to go back into the fund. Fund No. 4 - to pay expenses of the Substanee Abuse Health Prevention Programs and Health Fair. 65.1.3 - Procedures The following procedures are approved for the administration of these funds by the Board of Selectmen: 1. The funds are hereby established by the Board of Selectmen for the purposes stated. 2. When moneys are received, they will be deposited through the Treasurer- Collector, and a notation made in the appropriate monthly report. Gifts will be accepted for a particular fund, but with no other restrictions unless such restrictions are approved by the Board of Selectmen. 3. To expend moneys, the Department will use the normal Town bill-paying process, with prior approval required from the Director of Elder Services for funds Number 1 and 2, the Director of Human Services for Fund Number 3, and the Health Director for Fund Number 4, and the Town Manager for all funds. This will provide adequate checks and balances. 4. In the monthly report of the appropriate department or division, mention will be made as to each circumstance of expenditure from the funds (omitting mention of the name of the individual recipient). 4E;1- 5. Annually, a summary report will be made to all donors, and to the Town in the Annual Report. The summary report will include the names (unless withheld at the donor's request) and amount of donations, and the purposes for which each expenditure was made. This system is initiated to keep the necessary confidentiality, to provide the appropriate checks and balances, and to provide for the operation of these funds in an efficient and expeditious manner, since much of the need is often emergency in nature. Adopted: September 13, 1988, Revised 12-13-94- Section-C-2 Ru.10- and J1.'eguki&ns Relating- to Park-s, Pkypwunds and Reereation S MOVE TO DPW POLICIES T Th B d S l t th cR di h b d t B e oim e oar of e ee men of O ea ng efe y a op s it b and Regulations b 7 inehiding- the enfimement of the /'Weading PaFk Rules and Reg# For the pu-rp-oses of thi- F_ffq), the 7 b teiwvj phra-ses-, words-, and the delivations sh.aff have b• "7 7 hiehide the b 7 and ;Pop& in the singular number- inehide the plura II II is ahPays mandatoiy and not merely dhLeetety.- 1, "Town" is the T"•„" of T?eadh°"' 7 II ll i ti ti " l i y• s a 7 reser va on, b 7 reerea on 7 fi e , p ay ng 7 aet 7 or ive o any oth r passive er area in me-reation. the Tojpn oime d andZer iis-e d by the Toi m and devoted to ? II ti b ' 4 " h k h k 1i i d d ; heM er m oter oiv a emd a nima nima l l diw ;v" o , ee w e e s any w s an eonveyaitee-, P p j j seb lpmp , The temi s haU inekide a ny OwHer in toiv of an y si ze-, k ind or des des eripti eripti th on. DwiT&n is ma on. DwiT&n is ma of the Tn,.,., defor baby defor baby ear 4 Hagge s-, bley ivh ek-s-, ivh eel eel eha hs-, a nd V 91114-16Y e b R di id t l ke - e Rep a a in itin b U y ea ng res en s on y un ss sp eeifwa y _ iw g y 7 Gonintittee or their b n .,7 to the eonhiar y. 1 T R di g b th Reereatkn oivn of e ng ut J a speeffiea y , y e b Committee or their designee, to the eontr ary-. t(E3 IL IL % =V~ *4 Cy .t -lit ~LJ L i Reading- eau-se the immediate temiination of any ae&fty that violat" these ruLes regulations-. Anypetwon a dollars, fine of. not mor-e than tjventy as provid-i-di". era! > Chaptep , Seetion Adopted -10-5-11--Devised-1-2-13Ad-;-reAsecl 44-03 Section 5.2 Local Initiative Program (LIP) Regulations July 22, 2003 5.2.1 Purpose These regulations set forth the substantive and procedural requirements for review of applications for Local Initiative Program (LIP) applications to the Board of Selectmen. These regulations are developed because, through the LIP program the Board of Selectmen is asked to join and sponsor an application for affordable housing in the Town of Reading. Therefore the Board of Selectmen needs to be assured that its participation in the project fully meets the Board's expectation for affordable housing developments in the Town of Reading. It is the intent of the Board of Selectmen to encourage applications for affordable housing under the LIP program, in order to give the Board of Selectmen and the Community an opportunity to have early input into affordable housing developments. In this spirit, the Board encourages potential applicants to meet with staff, through the Town Planner, and to present conceptual plans through this process to the Board of Selectmen. 5,2,2 Concept Plan process Initial contact for presentation of conceptual plans under the LIP program will be through the Town Planner. The Town Planner shall inform the Board of Selectmen through the Town Manager, of interest expressed for a LIP project. The applicant shall work through staff, and through whatever other process the Board of Selectmen shall determine from time to time, including the creation of a Working Group of interested parties. The use of the concept plan process is not intended to either extend or delay the time frames otherwise allowed for a LIP or Comprehensive Permit process. Working with the Town in a concept plan process will not prejudice any formal process for a project that the applicant may later pursue. The concept plans prepared and presented under this process will be presented in sufficient detail and number of plans as the Town Planner may require, in order for the Town to be able to adequately understand the proposal, and to have as complete an initial review and comment as practical. uEe At a time or times to be mutually arranged by the Town Manager and the Applicant, a presentation on a LIP conceptual plan shall be made to the Board of Selectmen. Depending upon the direction from the Board of Selectmen, the Applicant may then be asked to prepare a complete LIP application to the Board of Selectmen. 5.2.3 - Complete Application A complete application for a LIP shall consist of not less than 24 copies (the Town may require additional copies if needed) of the following materials required to make up a complete application: An application form which includes the following information: • Name of applicant • Address of site • Number of units proposed • Type of housing proposed (ownership or rental) and style of construction (single family detached, townhouse, garden style, etc.) • Name of housing program under which project eligibility letter or site approval letter is sought • Relevant details of the proposed project (e.g., percentage of affordable units, income-eligibility standards, duration of the affordable housing restrictions, how the developer will comply with the limited dividend aspect of the program, etc.) • Market feasibility report • A complete list of projects of a similar scope (including but not limited to comprehensive permit projects) that the applicant has undertaken or which are in progress during the past 5 years. Included shall be a list of the projects, number of units, program used for funding, name of the local official(s) responsible for permitting and monitoring the project, and status of approval/construction, • Evidence of site control (e.g., preliminary determination by the subsidizing agency that the developer has a sufficient interest in the site, or a purchase and sale agreement, or a deed); • Evidence that the project developer is a nonprofit, a public agency, or a limited dividend organization; • Preliminary site development plans (signed by a registered architect or other pertinent design/engineering professional) at a scale approved by the Town Planner, showing: • the proposed location and footprints of all buildings; • changes in grading and topography; • parking, roads, walkways and driveways (including materials); • Landscaping and open space; • Zoning, including any overlay districts, and a zoning table showing what waivers may be requested; • Wetlands delineated by the Reading Conservation Commission, including all buffers; and vernal pools including all buffers; 4E7 • infrastructure; • utilities, showing location and types of water, and wastewater, including hydrants; • storm water facilities designed to meet federal and state standards. An existing conditions plan including: ® metes and bounds description of the site; • the location of all existing buildings; • the location of all streets, parking, driveways; • open spaces, topography, wetlands and buffer areas, vernal pools and buffer areas; • on-site infrastructure, utilities, and storm water facilities. • Scaled preliminary architectural drawings showing location, use, and building materials for existing and proposed buildings, including all elevations; and cross sections as required. Building tabulations (number and type of buildings, number and size of units, including number of bedrooms per building, floor area of units, building and impervious surface coverage); • Traffic patterns on the site and in the neighborhood; • Use and character of open space in the neighborhood and on and abutting the site; • Preliminary subdivision plan (if applicable); • List of waivers sought by developer from any and all local regulations, policies and by-laws; • Financial Pro-Forma, in a form and format as may be required by the Town Planner; • Proposed regulatory agreement; • Proposed monitoring agreement; • Payment of filing fee - Applicants shall pay advertising costs and postage for abutter notification; • Additional information the Board of Selectmen determines is necessary to make a sound decision; • List of state or other local approvals necessary to be sought and granted prior to the issuance of a building permit for project 3.02 The Board of Selectmen may waive any of the requirements above when it determines that it is in the best interest of the Town to do so. 5.2.4 - Review Fees The Board of Selectmen may employ outside consultants to provide technical or legal assistance in reviewing a LIP application. The Board of Selectmen may require the developer to pay all or part of the consultant's fees. Consultants may include but shall not be limited to special counsel to the Board of Selectmen, traffic, design review, and/or real estate consultants. To the extent that the Board of Selectmen requires the use of outside consultants to provide technical or legal assistance, and if the Board of Selectmen ultimately approves the LIP and it goes before the Reading ZBA for the Comprehensive Permit application, the work of the WO consultants in that particular area of expertise for the Board of Selectmen may be relied upon by the ZBA in its deliberations. A review fee may be imposed only if: The work is in conjunction with the developer's project; All written results and report are made part of the LIP record; All fees assessed shall be reasonable in light of the: • Complexity of the proposed project; • Complexity of the particular issues • Number of dwelling units proposed; • Size and character of the site. 5.2.5 - Procedures Applicants are strongly encouraged to meet with the Town Planner or designee prior to submitting an application. The Board of Selectmen shall open a public hearing on the LIP application within 45 days of receipt of the complete application. The hearing shall be noticed by the Town, at the expense of the applicant, to abutters and to the general public in the manner prescribed by law for a hearing on a Comprehensive Permit application. The Board of Selectmen shall notify and send copy of application to all applicable local boards and officials of the application for a LIP within seven working days of receipt of application. These Boards and officials include but are not limited to: Community Planning and Development Commission, Conservation Commission, Board of Health, Reading Housing Authority, Historic Commission, Water and Sewer Commission, Town Manager, Town Planner, Town Engineer, Director of Public Health, Conservation Administrator, Director of Public Works, Police Chief, and Fire Chief. Applicant shall provide adequate copies of application to accommodate this notification. 5.2.6 Decisions 1. The Board of Selectmen shall render a decision, within 45 days of the close of the public hearing. If the Board of Selectmen approves the LIP, the decision may include conditions. General conditions shall include but shall not be limited to: 2. For condominium projects, legal review and approval of final condominium documents prior to the issuance of a building permit; 3. For all projects, legal review and approval of deed riders prior to the issuance of a building permit; 4. A requirement that the affordable units remain affordable in perpetuity; the affordable units should have this "affordable in perpetuity" clause stated in their deeds 5. A requirement that the phasing of the project be specified and that the phasing of the affordable units be similar to the phasing of the market rate units; 5.2.7 Condominium Documents 7 All condominium documentation shall state that: 1. Unit owner's percentage interest in the condominium shall be based on initial unit sales price (not square footage of the unit); 2. There shall be one vote per unit owner, unless MGL c 183A requires otherwise; 3. Condominium documents shall prohibit amendments to affordability provisions. 5.2.8 Amendments to Approved Plans If after the approval of a LIP a developer seeks to change its proposal as approved by the Board of Selectmen, it shall promptly notify the Board of Selectmen in writing, describing such change. Within 20 days the Board of Selectmen shall determine and notify the developer whether it deems the change substantial or insubstantial. If the Board of Selectmen determines the change is insubstantial, the comprehensive permit shall be deemed to incorporate the change. If the Board of Selectmen determines the change is substantial, it shall hold a public hearing within 30 days of its determination and issue a decision within 40 days of the close of the hearing. All Boards, Committees, Commissions, and Officials who are designated to receive a copy of the plans under section 4.02 of these regulations shall be given a copy of the revised plans within 7 days of the receipt of the revised plans, and shall be given an opportunity to comment on the revisions within the time frame designated above. Only the changes in the proposal or aspects of the proposal affected thereby shall be at issue in the hearing. 5.2.9 Reasonable Profits Profits shall be reasonable and shall be limited as follows: 1. Homeownership Projects: Not more than 20% of total development costs (TDC). TDC does not include overhead, profits and management consulting fees. Overhead shall not be more than 5% of the total development costs (net of profits, management consulting fees and overhead). 2. Rental Projects: Annual return of not more than 10% of equity (equity being the difference between TDC, as defined by the NEF construction loan documents, and the amount of the construction loan. This difference may not be equal to the developer's cash invested. TDC includes an allowable fee for developer's overhead (5% of TDC, excluding site acquisition and developer overhead and fee) and developer fees (20% of TDC). 5.2.10 Allowable acquisition costs 1. The development pro forma must list a land value that is the lower of the (i) last "arm's length transaction" (if within 3 years) plus reasonable carrying and/or maintenance costs or (ii) the value under the pre-existing zoning regulations, plus reasonable carrying costs. Lt Ela 2. "Last arm's length transaction". shall not involve an identity of interest between the seller and the buyer or any party related to the buyer. 3. "Pre-existing zoning regulations" concerns the time the option or purchase and sale agreement is executed. 4. "Reasonable carrying costs" includes interest, taxes, insurance and the costs related to option agreements. (These costs plus the acquisition costs cannot exceed the appraised value of the land under the density permitted by a comprehensive permit). 5.2.11 Regulatory Agreements 1. The purpose of the regulatory agreement is to provide legal assurances that the developer will (i) construct and maintain the units in accordance with these Rules and (ii) be limited to a reasonable profit for the project subject to the regulatory agreement (as set forth in §9.00 above). 2. The regulatory agreement shall: • Include a definition of "profit"; • Limit profits on homeownership projects to no more than 20%; • Limit profits on rental projects to an annual return of no more than 10% of equity; • Require a full compilation and certification of total development costs (net of related-party expenses) and total revenue, on a federal income tax basis, prepared and certified by a CPA, acceptable to the monitoring agent and the town; • Be executed by the Town, the lending bank, and the developer. 5.2.12 Monitoring Agreements The purpose of the monitoring agreement is to provide legal assurances that there is a public entity (or a private entity responsible to a public entity) to oversee compliance with the terms of the regulatory agreement and deed rider. Citizens Housing and Planning Association (CHAPA) shall be the monitoring agent if CHAPA agrees to do so. If not, the Board of Selectmen will determine what other agency will assume this responsibility. If CHAPA is the monitoring agent the per unit fees for monitoring the affordable units shall be as required by CHAPA; otherwise the fees shall comparable to CHAPA's fees to the accepted monitoring agent. 5.2.13 Affordability Restrictions - all applications Homeownership Projects: 1. The formula for determining resale price shall be the lesser of (1) the appraised value of the unit multiplied by a discount rate (established by a ratio between the original sales price of the affordable unit compared to the original sales price of a market-rate unit); or (2) a price based on an annual debt service on a mortgage plus taxes, insurance and condominium fees (assuming a 10%► down payment) that does not exceed 30% of the annual income of a household earning 70% of the median income of the Boston Metropolitan Area. LIE/0 2. Upon resale, the owner of the affordable unit shall be required to actively market the affordable unit to eligible purchasers for up to 120 days, after shich time the unit will be offered to the Reading Housing Authority or other Community Development Corporation as an affordable unit. 3. Excess profits shall be returned to the town's Affordable Housing Trust Fund or other designated fund to be used for affordable housing purposes as per Section 9.01.1 and 9.01.2. 4. Rental Projects (all applications): Affordable rents (including utilities) shall be limited to 30% of the annual income of a household whose income is 80% of the median income of the Boston Metropolitan Area or established pursuant to a rent schedule set by the Town or its designee. 5.2.14 Buyer/Tenant Selection - all applications Buyers of affordable units shall: 1. Be first time homebuyers and not have had an ownership interest in a residence in three years preceding the date of the closing of the loan except that a single parent, with one or more children living with him or her, who has been divorced or widowed within the preceding three years and who no longer owns a home, or, who is in the case of a divorced person, is subject to a court order or separation agreement to sell the home and divide the proceeds, or, in the case of a widowed person, whose home is subject to a binding purchase and sale agreement for sale, will be considered a first time homebuyer, notwithstanding prior home ownership during those preceding three years, provided such widowed or divorced person is eligible in other respects; 2. Have a household income of 80% or less of the median income of Boston Metropolitan Area. 3. Renters of affordable units shall have a household income of less than 80% of the median income of Boston Metropolitan Area; 4. Developers shall have a Town-approved affirmative marketing plan. 5.2.1515 Owner Occupancy Requirements All units sold under a home ownership LIP program shall be owner- occupied. 5.2.16 Affordable Unit Design and Location - all applications • The affordable units shall be indistinguishable from the market-rate units. • Affordable units shall be dispersed throughout the project. • Local residents shall have a preference on 70% of the affordable units 14 C- Q.. ARTICLE -7 6 - PERSONNEL RELATED POLICIES The Personnel Policies are adopted separately by the Board of Selectmen, and those policies apply to personnel who, in accordance with the Reading Home Rule Charter, are appointed by or report to the Town Manager, the Library Board of Trustees and the Board of Assessors. The following policies are adopted by the Board of Selectmen, not in their role as Personnel Board, but in their other roles such as the appointing authority of the Town Manager (Section -7 l.1), or in their authority to determine regulations for payroll and other issues (Section 76.3). Section -7 6.1- Evaluation of the Town Manazer Since the position of Town Manager is of great importance in establishing the direction of Town Sservices, the Board of Selectmen formulates through this policy a process for evaluating the performance of the Town Manager at two levels: 1. Annual establishment of the Town Manager's goals for the coming calendar year. 2. Annual evaluation of the Town Manager's overall performance as defined in the role description for the position and in meeting established goals and objectives. -7 6.1.1- Goals ]During ^ ugt z Prior toteh end of the calendar vear, the Town Manager shall submit in writing to the Board for discussion and mutual approval, a review of progress on that vear's goals and objectives. and a list of anal-key goals and obiectives for the coming vear that reflect the Town's needs and priorities. During the each year, normally at six-month intervals, there will be open sessions of the Board during which the Town Manager shall report progress in achieving the goals and objectives and receive feedback from the Board. -7 6.1.2 - Annual Evaluation The annual evaluation of the Town Manager's overall performance shall be based on the role description for the position and the goals and objectives, and shall cover the previous year's performance. With input from the Town Manager, the Board shall establish a role description for the position of Town Manager which may be reviewed from time to time at the request of either the Board or the Town Manager. When changes in items on the role description are made by the Board, the Town Manager shall be given at least six months to demonstrate performance on the item before an evaluation on that item can be is made unless the Town Manager and the Board agree otherwise. 4. An evaluation subcommittee, appointed by the Chairman, shall initiate the annual evlauation process in Septenib late in each year by distributing to each Board Member and the Town Manager_ ® -a copy of t4e an Annual Evaluation Form, ® the pr-evieus current vear's goals and obiectives, final and euffefit and progress reports from the Town Manager and the previous year's Evaluation Report. 6-1 LIE 13 Each Board Member and the Town Manager shall submit the completed evaluation form to the subcommittee within four weeks. The subcommittee will then sehedulc, w4h the Town Manag and the BoaFd, a speeial meeting in November- for- the entife BeaFd and the Town Manag the T,,,.,,, >\aanagef's e ,nl„nti^,a, ,;:41 prepare a composite of the evaluation reports and submit this to the Board of Selectmen and Town Manager for Uresentation and discussion in a regular session of the Board of Selectmen. - The Board will take into consideration the Town Manager's overall performance and progress in meeting the annual key goals and objectives in establishing the Town Manager's salary for the following year beginning July 1 st. A copy of the Annual Evaluation Report is to be placed in the Town Manager's personnel file. Adopted 12-13-94 Betio ri 7-k-.2 nnr hetiFs n established the Town Manage T when, ki his 7 keeping stieh cec o. , and welfafe Of zv=cv-'r'1-e-i- pleyecs :ri vffi6&13. 'in the event that the offieerand faeility are , all neii nl will be e and the +i' 'd!=1l1 of h e ed +n n+i~ C~sEHtl-cl-1 - j3Er$6i~:-r~Pi =~t~t~i-~G~EI t@ - 1C`-a~ nl, n -C othe - +ifne off to which then „leye e iD G1 rax~i l -t_ld -3iT t i t1G caU. Reeognizing that some eaipleyees may have eoneer-fis about tFaveling in Poor- weathel: :s wl, nt nit l epai-'ti-'ment Leads to let employeeshoffie - to the end ef +li1"., tdvfk d at the _ „1 Ge' S uioGl GCivii & T_-4ide+ these tang , eh CFi„~°CI"IIG DI a~f VVTL . 'll be Ce l-1ar-ged to the emp o'0 e n+io time, OOBIP 7 Adopted 12-13-94 Section -7 6.32 - Before-Tax Health Care Premium Pavment Plan for Emnlovees Paid Biweekly The Town of Reading desires to establish a Cafeteria Plan, as permitted by Section 125 of the Internal Revenue Code and Section 132 of Chapter 697 of the Massachusetts Acts and Resolves of 1987, in order to permit eligible employees of the Employer to participate in the Employer's Group Health Plan on a basis which is intended to provide them with significant income tax advantages, as permitted by Section 125 of the Internal Revenue Code, as amended. The Town of Reading desires that the Plan shall be effective for the pay period ending March 2, 1990, and that the Plan shall be known as the Town of Reading, Massachusetts Pre-Tax Health Care Premium Payment Plan for Employees Paid Biweekly (hereinafter referred to as "Plan"); said Plan will be limited to those employees paid biweekly. To implement and carry out the purposes of said Plan, the Employer does hereby establish the Plan as follows: 6-2 `'T r / / -7 6.23.1- Definitions 1. Code shall mean the Internal Revenue Code of 1986, as amended from time to time. 2. Compensation shall mean total annual compensation earned by an Employee during a Plan Year as reported on Form W-2. 3. Effective Date shall mean March 2, 1990. 4. Emnlovee shall mean an Employee of the Employer, paid biweekly. 5. Employer shall mean the Town of Reading, Massachusetts. 6. Member shall mean an eligible Employee who is duly enrolled under the Plan. 7. Plan shall mean the Town of Reading, Massachusetts Before-Tax Health Care Premium Payment Plan for Employees. 8. Plan Administrator shall mean the individual(s) designated pursuant to Article IV to administer the Plan. 9. Plan Year shall mean the twelve-month period which begins on March lst. -7 6.32.2 - Eligibility and Participation 1. Each Employee shall be eligible to become a Member in the Plan on the Effective Date of the Plan, if he or she is eligible to participate in the Employer's Health Care Insurance Plan. All other biweekly Employees shall be eligible to become Members of the Plan as of the first full payroll period following enrollment in the Employer's Health Care Insurance Plan. 2. Upon signing an agreement, Employees who have satisfied the eligibility requirements as of the Effective Date shall become Members in the Plan. If an Employee does not wish to become a Member of the Plan, the Employee completes a waiver form declining participation in the Plan on a form provided by the Employer. An Employee who has satisfied the eligibility requirements after the Effective Date shall become a Member in the Plan unless the Employee completes a waiver form declining participation in the Plan on a form provided by the Employer. 3. Such participation shall be irrevocable and shall remain in force for the duration of the Plan Year, except as provided in Section 7.3.2 4. At least thirty days prior to the commencement of each Plan Year, each Member shall be provided with the option not to participate in the Plan with respect to that Plan Year following completion of a waiver form in the form provided by the Employer. 4. A Member may revoke a benefit election after the period of coverage has commenced and make a new election with respect to the balance of the Plan Year, if both the revocation and new election are on account of and consistent with a change of family status (e.g., marriage, divorce, death of spouse or child, birth or adoption of child or termination of employment of spouse). Such a revocation and new election shall be effective as of the first payroll period following notification to the Payroll Office. 7 6.32.3 - Benefits - Pavment of Premium goo, a 6-3 L/ For Plan Members, all of the Group Health Care Insurance Plan premiums paid by the Employee will be paid instead directly by the Employer. Unless an eligible Employee waives participation in the Plan prior to the commencement of each Plan Year, it will be deemed that the Member agrees to have his or her pay reduced each pay period by the amount of the Employee's portion of the Group Health Care Insurance Plan premiums applicable to his or her coverage for such month. Any adjustment in the amount of such Group Health Care Insurance Plan premiums during the Plan Year because of changes in the cost of such group insurance premiums shall be automatically reflected in the amount of pay reduction for the Plan Year as of the Effective Date of the adjustment. -7 6.32.4 - Administration ofPlan The Employer shall appoint the Plan Administrator (consisting of one or more persons appointed from time to time) to serve at the pleasure of the Employer. Any vacancy arising by resignation, death, removal or otherwise shall be filled by the Employer. The Plan Administrator shall have such authority as may be necessary to discharge responsibilities under the Plan, including the following rights, powers and duties: 1. The Plan Administrator shall adopt rules governing Plan procedures not inconsistent herewith, and shall keep a permanent record of such actions. 2. The Plan Administrator shall administer the Plan uniformly and consistently with respect to persons who are similarly situated. 3. The Plan Administrator shall prepare and file such reports as may be required by the Employee Retirement Income Security Act of 1974 (ERISA) or otherwise by law, from time to time. 4. The Plan Administrator shall have the sole responsibility for the administration of the Plan; and, except as herein expressly provided, the Plan Administrator shall have the exclusive right to interpret the provisions of the Plan and to determine any question arising hereunder or in connection with the administration of the Plan, including the remedying of any omission, inconsistency or ambiguity, and any decision or action in respect thereof shall be conclusive and binding upon any and all Members or former Members. 5. The Plan Administrator may seek the advice of such counsel and agents in such clerical, medical, accounting and other services as may be required in carrying out the provisions of the Plan. 6. The Plan Administrator shall be entitled to rely conclusively upon, and shall be fully protected in any action taken in good faith in relying upon, any opinions or reports which shall be furnished by any such accountant, counsel or other specialist. 7. The Plan Administrator shall act by a majority of its persons at the time in office and such action may be taken either by vote at a meeting or in writing without a meeting. The Plan Administrator may authorize any one or more persons to execute any documents on the Plan Administrator's behalf. 8. The Plan Administrator shall serve without compensation for services as such. The Plan Administrator shall discharge any and all duties solely in the interest of Members and former Members: 6-4 r 4F®6 1. For the exclusive purpose of providing benefits to such Member or former Members and, in the discretion of the Employer, defraying reasonable expenses of Plan Administration, and 2. With the care, skill, prudence and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. The Employer shall indemnify the Plan Administrator and Employees of the Employer performing fiduciary duties under Federal law to the extent that such officers or employees incur loss or damage which may result from such officers' or employees' duties or exercise of discretion under the Plan. Any other act or omissions will not be indemnified by the Employer in the event that such loss or damage is judicially determined or agreed by the officers or Employees to be due to gross negligence or willful misconduct on the part of the Plan Administrator. -7 6.32.5 - Claims Procedures Any Member or former Member who wishes to request an informal review of a claim for benefits or who wishes an explanation of a benefit or its denial may direct to the Plan Administrator a written request for an informal review. The Plan Administrator shall respond to the request by issuing a notice to the claimant as soon as possible but in no event later than thirty days from the date of the request. This notice furnished by the Plan Administrator shall be written in a manner calculated to be understood by the claimant and shall include the following: 1. The specific reason or reasons for any denial of benefits; 2. The specific Plan provisions on which any denial is based; 3. A description of any further material or information which is necessary for the claimant to perfect his or her claim, and an explanation of why the material or information is needed; and 4. An explanation of the Plan's formal claims review procedure. In the event that the notice concerning the information review is insufficient to satisfy the claimant, the claimant or his duly authorized representative shall submit to the Plan Administrator a written request for a hearing. The Plan Administrator shall hold a full and fair hearing on the issue within thirty (30) days following receipt of the claimant's request for a hearing. The Plan Administrator shall then furnish a written decision which shall be written in manner calculated to be understood by the claimant and containing specific reference to the pertinent Plan provisions on which the decision is based. -7 632.6 - Miscellaneous This Plan shall be subject to amendment or termination at any time by the Employer; provided, however, that amendment or termination shall not affect any right to claim benefits arising prior to such amendment or termination, and provided further that after termination no person shall be considered to be a Member for any purpose of the Plan. 6-s L/ 6 ► 7 The Plan is intended to qualify as a "Cafeteria Plan" under Section 125 of the Code, and shall be construed and interpreted consistent with the requirements of that Section. The Plan shall be further construed and administered in accordance with the Laws of the Commonwealth of Massachusetts: Nothing herein contained shall be construed to constitute a contract of employment between the Employer and any Employee. The employment records of the Employer shall be final and binding upon all Employees as to participation. gelg 6-6 November 14, 2005 Subsequent Town Meeting WARRANT OUTLINE 09/02/2005 Art. # Article Description Mover/ Moderator Sponsor Comment Notes 1 Reports Board of Selectmen RMLD report - Cameron- ♦ Master Plan presentation - ♦ Cities for Climate Change report ♦ Nurse Advocacy for Frail Elders report ♦ Report on Health Insurance Instructions Board of Selectmen 3 Amend Capital Improvement Board of Selectmen Program FY 2006 - FY 2015 1 4 Approve payment of Prior Year's Board of Selectmen bills > ~_Amcn~I thC. I-1 2006 l~u(l~~rt 13,w]-ci of SCIcctmen 6 Establish Storm Water Board of Selectmen management Enterprise fund Rcs~:in~l Debt Authori""Itions I Board of Scicclmcn 8 Authorizing debt - water main Board of Selectmen 9 Transfer balance of Summer Board of Selectmen Avenue Water Main project 10 Appropriation of contributions Board of Selectmen from Developers for various 1)roi ects 11 I Sa;c of L111~1 Oakland Roa(l 12 1 Land swap -George Street 1 ~:~crcht u1~c _,F Gilts Board of Sclccimcn yFl 14 Bylaw requiring Registration for door-to-door solicitors 15 Bylaw Amendments as suggested [y-' by Bill Brown ii 16 Zoning re permitting underground Board of Selectmen as a propane in aquifer protection courtesy district 17 Zoning for residential uses downtown 18 Rezone Sanborn Street to Commercial y F-Z,, 4~ 6 GARY S. BRACKETT ELAINE M. LUCAS JOAN E. LANGSAM M. YVONNE GONZALEZ* JAMES T. MASTERALEXIS STEVEN C. FLETCHER** ELLEN CALLAHAN DOUCETTE DONNA GORSHEL COHEN HEATHER C. WHITE *Also Admitted in CT **Also Admitted in ME and CO BRACKETT & LUCAS COUNSELORS AT LAW 19 CEDAR STREET WORCESTER, MASSACHUSETTS 01609 508-799-9739 Fax 508-799-9799 WINCHESTER OFFICE 165 WASHINGTON STREET WINCHESTER, MASSACHUSETTS 01890 781-729-1500 Fax 781-729-5444 E-Mail:JeLangsam@BrackettLucas.com Please respond to the Winchester office e August 29, 2005 Jim Johnson, Director of Accounts Commonwealth of Massachusetts Department of Revenue P.O. Box 9494 51 Sleeper Street Boston, MA. 02205 Re: Town of Reading/Establishment of Storm Water Enterprise Fund Dear Mr. Johnson: r.rv CD ;Ei As Town Counsel for the Town of Reading, I am hereby requesting a written opinion concerning the viability of establishing an enterprise fiJnd pursuant to M.G.L. c. 44, §53FI/2 for the Town of Reading's Storm Water Management utility system. I have spoken to Chris Hinchey in your office and he suggested that I write you seeking a formal Department of Revenue opinion. The Town of Reading, as are other municipalities in the Commonwealth, is required by the EPA to engage in a number of activities to ensure that storm water discharges from the Town's storm water management system are not polluted. I have attached a report from the Reading Town Engineer for your information detailing the mandates imposed on local entities by the EPA. These mandates have attendant costs which the Town would like to recoup through the imposition of fees. These fees, as discussed in the Town Engineer's report, will be a set amount for single and two family dwellings as it would be too difficult and expensively administratively to assess them on a home by home basis and will be assessed on the actual amount of impervious surface for commercial and multi-family properties. Properties that are not developed will have no fees assessed as they do not contain any impervious surface and therefore do not contribute to storm water runoff collected in the Town's storm water management system. I/ .own . The Town of Reading would like an opinion from the Department of Revenue as to whether an enterprise fund can be established pursuant to M.G.L. c. 44, §53171/2 for the revenues collected from the fees imposed. The issues are whether the storm water management system of a municipality is a "utility" and whether the flat fee assessed to residential homes, which is estimated at $60.00 per year is an appropriate fee and not a tax. The provision of stormwater management services to property owners is similar to the provision of potable water and wastewater treatment. It is a service that disposes and treats waste from both commercial and residential properties in the town. I have been unable to find any Massachusetts case law on point but I have enclosed a copy of an article concerning a relevant Georgia case concerning the imposition of fees for the establishment of an enterprise fund for storm water management utility. The court in that particular matter found that the imposition of fees for storm water management and the establishment of an enterprise fund legal. You will notice that the Town Engineer's report establishes estimated operating costs, capital costs and expenses that must be incurred by municipalities to meet EPA's mandate for a cleaner discharge. It also explains the methodology that will be used to set the rate for fees. It is my opinion that the stormwater drainage facility is a utility and that the imposition of a flat fee that offsets associated costs is not a tax but a valid fee. We are looking forward to the Department of Revenue's opinion. Please advise if you are in need of additional information. Very truly yours, -J'oan E. Langsam Encl. cc: Peter I. Hechenbleikner, Town Manager Joe Delaney, Town Engineer yF9 REPORT TO THE BOARD OF SELECTMEN ON THE DEVELOPMENT OF A STORM WATER MITIGATION ENTERPRISE FUND SUBMITTED BY: WATER, SEWER AND STORM WATER MANAGEMENT ADVIORY COMMITTEE August, 2005 u¢-< 1.0 PROGRAM BACKGROUND In December of 1999, the United States Environmental Protection Agency (EPA) promulgated a set of regulations called the National Pollutant Discharge Elimination System (NPDES) Phase II Storm Water Regulations. These regulations mandate a number of activities that the Town must perform to ensure that storm water discharges from the Town are not polluted. The stated purpose of this program is to "preserve, protect and improve the Nation's water resources from polluted storm water runoff." The EPA has determined that rain water runoff from urban areas is one of the largest remaining sources of pollution to the country's waterways. As rain falls on urban areas it picks up pollutants from a variety of sources such as: pesticides and fertilizers from lawn care activities; oil, antifreeze and other liquids from automotive uses; and sediments from construction activities. Without adequate controls, these pollutants among others can pass directly into lakes, streams and rivers. Locally, the areas of concern are the Ipswich River, Aberjona River and the Saugus River watersheds. The first phase of this program regulated communities with populations over 100,000. These communities have been regulated since the early 1990's. Based on lessons learned from that program, the regulations were extended to communities with populations between 10,000 and 100,000. The EPA issued a general permit for these smaller communities on May 1, 2003. The Town of Reading applied for coverage under this permit in July 2003 as required by the regulations. The permit requires compliance with six minimum control measures and full compliance must be achieved by May 1, 2008. The six minimum control measures are: 1. Public Education and Outreach - The Town must implement a public education program that could include mailings to residents and industries, setting up a web page, press releases, establishing school curriculum and many other activities. 2. Public Involvement and Participation - Public involvement activities could include establishing a Storm Water Committee (which we have already done) and developing volunteer activities such as stream cleanups, catch basin stenciling and the like. 3. Illicit Discharge Detection and Elimination -This program involves developing a system to ensure that illegal discharges to the storm drain system are identified and removed. Illegal discharges could include improperly routed sewer connections, dumping of oil into catch basins, or other illegal dumping activities. 4. Construction Site Storm Water Runoff Control - The regulations require that erosion control by-laws be enacted to prevent sediment-laden runoff from construction sites from entering the Town's storm drain system. The Town currently does this through the Conservation Commission. yfb 5. Post-Construction Runoff Control - The regulations require that a program be developed to reduce the amount of pollution associated with development projects. This includes the use of best management practices (BMPs) such as detention basins, retention basins, water quality treatment devices and infiltration systems. It also requires that these BMPs be maintained appropriately to ensure their effectiveness. 6. Pollution Prevention /Good Housekeeping for Municipal Operations - An Operation and Maintenance plan must be developed for municipal operations. Things to be considered as part of this plan are street sweeping, catch basin cleaning, drain line and ditch maintenance, detention basin maintenance, household hazardous waste collections, used oil collection, etc. The Town has developed a detailed Storm Water Pollution Prevention Plan that creates a road map for attaining compliance with the regulations. To this point, the Town of Reading has been in compliance with the terms of the permit. The Board of Selectmen assigned oversight of this program to the Water, Sewer and Storm Water Management Advisory Committee. The first priority of this Committee was to identify and pursue a dedicated source of funding to implement this program. For over a year, the Committee has been working towards this goal. In September 2004, the Committee made a presentation to the Board of Selectmen that identified several options for funding this program. The preferred option was to develop a new enterprise fund, which was endorsed by the Board. This new enterprise fund would be similar to the Water and Sewer enterprise funds that we currently have in place. The purpose of this report is to outline the recommended option for funding, the total cost of the program, and how these costs will be assessed to property owners. qf7 2.0 STORM WATER ENTERPRISE FUND The proposed enterprise fund will be established under the same authority as the enterprise funds for water and sewer. When the Board of Selectmen endorsed the idea of a Storm Water Enterprise Fund, it was determined that the fund should include all of the proposed costs of the program. PROGRAM COSTS The first step the Water, Sewer, and Storm Water Management Advisory Committee took in developing an enterprise fund was to look at the costs associated with the program. Three areas were looked at: operating costs, capital costs and expenses. The total estimated cost of the program is $540,350 per year. The following is a breakdown of the anticipated costs of the program. Detailed cost breakdowns can be found in Appendix A. ■ Operating Costs Operating costs that were included in the program include staff from the Highway Division, Engineering Division, DPW Administration, Finance/Accounting, and the Health Department. The total personnel costs (including benefits) was estimated to be $202,750. ■ Capital Costs When establishing the capital costs, the Committee tried to incorporate all of the drainage-related equipment and projects that had been identified in previous capital plans. Some of these items included street sweeping and catch basin cleaning equipment, drainage system mapping, and river improvements. The estimated annual cost of the capital program will be $285,000. ■ Expenses The estimated expenses associated with the program total $52,600 per year. Items include contract street sweeping and vacuum truck rental, consulting services, vehicle parts and general materials and supplies. RATE SETTING METHODOLOGY The basic premise of the rate setting methodology is that costs of the program will be based on impervious surfaces. The amount of impervious surface on a lot directly correlates to the volume of runoff the site produces. This is the most common method of assessing storm water fees throughout the country. Also a consideration is that the more a property is developed, the higher the potential for contributing pollutants to the waterways of the Town. Because the vast majority of the buildings in Town are single family residential structures, these properties will tend to drive the rates. The rate will be established on the average impervious area on a single-family lot (3,200 square feet) and then applied to those lots that will be directly calculated by impervious area. The rates will likely be based on a unit of impervious area (e.g., per 100 square feet of impervious area). a Single and Two Family Homes All single and two family homes will be charged at a flat rate. Rationale: The Town of Reading did an evaluation of impervious surfaces on 424 single-family and 359 two-family residential properties. This analysis found that the average impervious surface for both the single and two family homes on each lot is 3,200 square feet. While impervious surfaces ranged from a low of 1,087 square feet to a high of 9,127 square feet, it was felt that a flat rate was appropriate for the following reasons: 1. Because of the fairly low cost of the program (approximately $60 per dwelling unit), the effort to evaluate every property in Town would not be cost effective, and the costs for keeping the data current (a new set of aerial maps every three years) would drive up the overall cost of the program. 2. Each property generally receives the same benefit. 3. The pollution potential from each lot is roughly equivalent. ■ Multi-Family Properties Multi-family properties consist of three-family and larger developments. These include all apartment buildings, condominium developments, rooming houses, etc. Multi-family properties will be charged based on the total impervious area of the lot. Rationale: Multi-family properties can vary widely in size and amount of impervious area per unit. These properties tend to be more like commercial properties than single family homes. Basing these assessments on total impervious surfaces is the most equitable way to distribute costs. In no case will the total assessment for a multi family property exceed the assessment for a single-family house on a per unit basis. ■ Industrial/Commercial Properties All industrial/commercial properties will be charged based on the total impervious area of the lot. Rationale:. Industrial and commercial properties vary widely in size and levels of impervious surface. Basing the assessment on total impervious area is the most equitable way to distribute costs. In no case will any property be assessed for less than a single-family home. ABATEMENTS In an effort to encourage property owners to minimize the amount of runoff from their properties, which will help reduce the amount of pollutants entering the Towns waterways, the Committee believes that some type of abatement program should be instituted. The Committee will need to establish guidelines for abatement eligibility; however, the following are some of conditions that will be considered. 1. Undeveloped property will not be assessed a storm water fee. 2. Residential properties that install infiltration systems or other means to reduce runoff will be eligible-for an abatement of up to 50% or their total assessment. 3. Commercial/industrial/multi-family properties that install and maintain state-of-the- art storm water treatment and infiltration systems will be eligible for an abatement of up to 50% of their total assessment. 4 Flt rasses Legal Test* In Gedrgia kw By Elizabeth .fit'. Shuford, Andrew J. Whalen III, and Hector J. Cyre n July 29. 2003, a ruling from the Superior. agement program capable of addressing water-quantity (flood- Court of Columbia County, GA, upheld the Co- ing), erosion, and water-quality issues, Often the programs are lumbia County stormwater utility by re- 0 comprehensive and attack long-standing drainage and jerking a motion to have the pollution problems with an effective balance of stormwater utility ordi capital, operational, regulatory engineering Hance declared unconsti- , , planning, and administrative duties. Most ttrtional.'Iliis article summarireS the stormwatcr utilities around the coun- ruling and explain its significance try are accounted for as enterprise or for other Georgia counties and mu- special revenue fnid units separate nicipalities. This article also suvises and apart from a county's or a the importance of developing a city's general fund, regardless of stormwater utility with an appropri- how the utility's organizational ate: and well -documented due dill- sUuctu a is defined. genre process for legal soundness. 'Me provision of stormwater ser- The Superior Court ruling is being ap• vices and systems to property owners is pealed to the Supn:me Court of Georgia. comparable to the provision of two other County and city governments all over the water-based services-wastewater treatment and United States are struggling with how to deal more drinking-water supply. Although drinking-water and comprehensively with flooding and water-quality issues associat: wastewater utilities within local governments have been collect- ed with stormwater, As development continues, the following ing fetes for the services they provide for many decades, storm- stormwater management dernand-t continue to increase: Water management functions often have been dispersed altl0ng • Stringent conditions of National Pollutant Discharge Mnina- several departments and funded from the general tax revenues. lion System (NPI)PS) permits (wastewater and municipal Stormwater management often has lower priority than other ser- stormwater) vices funded by the general fund, such as road improvements, • Compliance with total maximum daily load (TMDL) limits law enforcement, health care, and social programs. Thercfow.. Achievement of water-quality standards (nurnericl and nar- funding of stonmwater management often has been inconsistent rctve) to support stream and inadequate. To better designated uses Figure 1 meet their rasponsrbilities, • Cornmurnity,expec:tations more than 500 counties, for drainage improve- cities, and spccial clistzict merits, flood control, F agencies have established cleaner water, and sta• i Aftn*hM91W that h"o stormwater utilities and ble stream channels tietnaeviiH $ ~ trneaifgterd or in rho procossr adopted service fees since Other requirements and of erebUe kV Smrnrw w U61KY 1974. Within Georgia, them recommendations from C&' C.O" ♦ *t}aianir: , r: are rive active stprrnwater regional entities (such as ~'R'egteater~ouaty • ~ utilities that are well known • ~ ~stPo6rt the Metropolitan North ' Coi;yeri in the metropolitan Atlanta Georgia Water Planning * Grtlfln: Columbia ` area- Several other Georgia 'County lhsbn :;L:;; • Because of these de• tS:::.K:.4'' at' : ;:.f}•'.,••;• communities have investigat- i ' 'g. t , • ~,-c~e'~• ed the viability of the utility : . mends, marry local govern- concept or are in the PrCx:e!%s nlentS across the coup try, EOR t • GL0. ' of cs l' him c • u txb u g stormwater : . t including those in Georgia, ~ ' , :l.j~ ~ ;~:•'s: t. utilities. are turning to irnplementa- legal challengrs are rel tion of stormwater utilities 'e'rr A atively common for storm- ; Supported by service Eees to _ i.~ ...r water utilities, especially as solve these problerms. A the first few are im lement- stormwater. utility is a means of dedicating orce or ; ed in a given state. A sub ! M•'{ ` ' x. stantial body of case law % • more funding mechanisms ( - ( has been developed. Over •♦VakJa5G2 - to provide stabic..adequatc, the past 20 yran, supreme 4 flexible, and equitable fond- and appeal court decision, ing for a stonnwatrr man (sec note at. rod of articir:) aF1 Z FROM : Reading DPW Administration PHONE NO. : 781 942 5441 in several states (including Washington, Oregon, Colorado, Ohio, Kentucky, and North Carolina) and lower count Zoe sions in others have deferred to the judgment of local elected , officials in formulating utility strategies and fees and have found in their favor when a.suitable analytical process has been *mlxed. Failure to employ a pmper amiyticallPSOOess has Fm 7e° to he an Ada heel for counties'i p plies wish estab3ish a uttiz- fug to establish urtifitim however Decisions to ty.arid adopt service fees mast have a solid, logicet foundation. The City of Atlanta stormwater utility, estab in, 1999, was the psrst to be dmile'ziged in Georgia. "Dist :qty's sw mwa- ter uttliV charge was dec3n ed to tje a tax rather :tea, ' foe and thus was ;found &be imconsriuxtioualYb~; '-rA urt judge, The.Iu fp4*=d.the city to ;fees' aud.to'rdbuzr► fees y.botlected.'Xhe . e.ctify's' "st'ar7n*atierritl7iiy chaule was n~~.~axgpcr sem4ce fee. Phsk the'city's objective in aeloptiiig !#ie'utilnly charge was suspect because a clear. stormwater program stsate- a was not demonstrated as a foundation for the'scrvice duatge funding. Therewas- also a significant discr<ancy be- tween the orfg4y indfrate~ revenue steam and the amount actually billed by the city. As indicated in an AtlwttaJow7wl Cbiwtitrrffon article on Mier 21, 1999, the judge condud- ed't a City of Atlanta was generating more money for unspea ified purposes rather,ihan segregating money, for storm drain maintenance." Columbia County was the second storm water utrfity to be legal, ly challenged in Geor- gia. Other stormwater utilities in Georgia in eluding the first estab- fished by the City of Griffin as well as the City of Decatur and the City of Conyers utilities, have not been legally challenged According to Brant Keller, di- reaor of public works and stormwater utilities for the City of Griffin and founder of the Georgia Asst on of •Stor mwater Mannement Agwde% "When you follow the pr tfon es- t ilfted by state law, you can successfirlly have a starmwater utility in the state of Georgia. This includes establishriwnt of a stormwater program and exploration of all funding options" The Columbia County Stormwater Utility Management St mteO and Service Fee 1~otlo'tving lengthy analysis of its stormwater problems, needs, and options, Columbia County's Board of Commissioners adopt- ed a stornawater utility ordidance in, 1999. The county's storm- water management program addresses floc ft failed pipe sys• tents, erasion, and water pollution, with an emphasis on its more highly developed watersheds. Columbia Cou.rrty provides a thrcNhold level of starmwater tanagement services e-avughout the entire county, funded from general tax revenues, and an en- hanecd level of service within a designated utility service area that is funded from service fees applied only within that area The service area was adopted to enable the county to equitably address the diverse needs of two distinct eircu nstmoes that ex- ist't'he rural areas require only a minimal threshold of im- proveinents (mostly open ditches and cdverts along public roads) and mainten;Xt= al.[lris time. However, the xVidiy dc- veloping urban/suburbari area of the munLy along Interstate 20 ■ STORMWATER TRAINING See our website for courses and location ■ www.wateilearning.org 703-289-9600 Carole 470 on Reader Serv a# Clod Stormwater Fiord oaf more at tumuxasrreG cosrz/storncwater Cb e #46 an Reader S9rvice 0:rsd Aug. 24 2005 03:50PM P2 www.-tarxnh2o.corn Your Source fdr Nashville. (615) 33-34630.- Greensboro (336) 856•.8993 Phoenix (602) 272-6846 ame6O e-mail: stormwater@atnec•com 'FROM Reading DPW Administration PHONE NO. : 781 942 5441 A The Environmental & Water Resources tnalture (EWRI) of the American Society of Civit FngtnaerS (ASCE) p-"-u• ORILD WATER, & EIrIV AXONMENTAL 1HESOURCia CRITICAL TRANSITIONS IN WATER & ENVIRONMENTAL RESOURCES MANAGEMENT. Understanding the Past - Shaping the Future! GRAND AMERICA HOTEL SALT LAKE CITY, UTAH lffn h=Pit ~ r ~ g a e 5 oltCou 4 •.v rte; F a.U: w : t~/ /()i.,-,. am-,'h J.. ~l Zi:4ri*.:J~.]F:.lt{.tl~ j6 .C . ` h 1:] •i . JUNE 27 -JULY 1, 2004 ; :,e>Netwisild 7 p1"& fo.0 PS..d tJ, RESERVE YOUR ROOM TODAY1 Grand AmOca Hotel and Little America Hotel offer .aide rates for extraordinary accommodations when you book online through the congress website: Enjoy family-friendly SALT LAKE CITY, gateway to recreational resources of the Wcstl Aug. 24 2005 03:51PM P3 ;just north or Augusta regiiir(bN major (:<it)- ital iltfrastntctwxc inrp[Irwel eels. upgrad- ed remedial and routine rnaintel1allev. and more rc.V11Moly C0110-1.11 to ensure compliance with NPDF-.5 nituidates. 11'te Columbia Comity service rCC i;t hazed on impervious area. '111ns. ably (lie owners of developed) property within' Uic• stormwater utility seivice area am charged the fee. Owners of developed property outside lhe•StonllWater u111ity's set'vice area do liwf.pay the fee because • they do not re ceive; the higlierjevel of. services provided by t1w utility in the ser- vice area. An equivalency unit of 100 li is usvd, and it is applied to till act:ount:,. 111is rf:sttltS in a very c€iscrete appol-tion. mint of the cost Of sei-ttkics and facitltic-., Revrmiie front the service Ice i.9 usrd onlY to pc:rforrn the enhWiced set''tci s provided within die utility s(•rvirc a rt:a Owners of tulclevelopcd pmp(rty within the stun rtwit ter utility's service area an: not charged dlr. fee I)CCause LU1devel0pt•(1 property hoes not have inijx~rvious cov. enagtt and does not contribttto to storrn- water nwofT over and above the naun al- ly occurring level. T11e dlreshold It!vrl of sorvice, which is provided countywide h} 61C utility, is Ruined fi•lun flip county's gellenal fund. T11r,. Cotulty noatinally dry. ignates revenues acgUil-Cd Gurn itLsLlrantr 1)r•CITtlLllr1 taxes is the. principal sourct' of fund. for the dlrtShold storrtlwater' set vic:us. Note that the thrCsliolrt stornnvawr serviecs are provided countywide while the set'viC..(! arts receives all enhaiwed level of eta-vine. The Lawsuit 612001, four lnuperty owners subject u, atu storniwater utility service ri,r!: Ir;gall*v diallungr..d the stormwalr:r utility ottii- nar,cC. Contencliitg Ih,it. it is Unconstiur- tioti;ll The. horitt:owiler,S dailm'd dial 111c 1161t• 5'(? iS invalid I)CCaLLiv (I) it dire 0(-, colliph with thti I)tvvi;iun: rrf ihr. Grrv_1+~1 i~t!•!t'aunit fir' ct't~rltint; rt rr.rrrntunit Circle A33 on R<:adcr Service Card FROM Reading DPW Administration PHONE NO. : 781 942 5441 itnprovernent district, (2) it is a tax and flterefore requires proper- ty assessments to be based on property value (ad valo,i~4 and to lie muformly applied upon all county residents, and (3) the -funds. collected are a taldng in viola- tion of the Georgia Constitution and the Fourteenth Amendment to the US Constitution. In response to this chal- lenge, Columbia County sought judgment that the stormwater ordinance is legal, valid,, and enforceable and is consonant with and does not violate the provisions of the Georgia and US Constitutions. In the spring of 2003; a'federal district cotirt judge ruled that the lawsuit involved a state tax issue and there- fore was outside of the jurisdiction of the federal district court, remanding the case to be heard in the superior court Both par. des then sought summary judgments in their favor from the su- perior court in Columbia Comity. The Superior Court Ruling On July 29, 2003. Judge Carlisle Qverstreet, Superior Court of Columbia County, denied the Plaintiffs' Motion for Summary Judgment and granted Columbia County's Wtion for Summary Judgment. The ruling included a description of the stormwater utility and documentation of the following services provided within Columbia County's stormwater utility service area: • Reduction of flooding, erosion, and water pollution caused by stonnwater runoff Aug. 24 2005 03:52PM P4 • Response to customer storixiwater comp)Wnt5 • Assistance to property owriers with their legal obligation to control stormwater runoff from their property and associated reduction in exposure to cavil liabtlr'ty • Regulation of stormwater runoff flow by provision of storm- water management facilities • Maintenance and repair of existing stormwater facilities and comtruckion of new stormwater management facilities In addition, the Stormwater utility provides for the to • Regulatory compliance with NPDF-S permit requirements es- tablished by the federal Clean Water Act • Incentives'for those who develop and maintain private stormwater systems The grounds cited by the Court in the ruling are described below. Constitutional and statutory authority exists for the stormwater utility srnuice chaTe. The Georgia Constitution grants any county ^ VV`TEC,,Inc. The Complete System For Underground Stormwater Detention/Retention TREATMENT CUL.TEC Stormwater Filter Chamber STORMFILTER" CONVEYANCE HVLV'"" Header System High Volume Low Velocity, STORAGE RECHARGEROAnd CONTACTORe Stormwater Chambers I-800-4-CULTEC www.cultec.coni U.S. Patnnr Nn .S,ntl7.15s, t I,(: P.me.1 Np ^.a x9,838, U.r- Patent No, 8,1:9,183 U.S. P419nt Na 8,322,206 87, ONei U,3. and Faretgn pateeft. Other U.S. Pplgniy paneling. RECHARGER•, CONTACTOR', 1IM- and STORMFILTER•are trade names aI CULTEC, Ina, COWIght * 2004 CUI,rEC• Inc. All rigors rescrved. Circle x59 on Rae<ior Servtc* Cord rl y . ~ 7 FROM Reading DPW Administration PHONE NO. 781 942 5441 Aug. 24 2005-03 53PM P5 or city the power to provide storrnwater and sewage collection systems (1983 Georgia Constitution, Art. 9, Sec 2, Far. 3). Under general law- any govepunental entity (Le., county or city) is authorized to operate and maintain any undertaking- "any systems, plants. works, instrumentali- ties, and properties... used or useful in connection with the collection, treatment, and disposal of sewage, waste, grid stormwater" (Official Code of Georgia, Sec. 36-82-61(4)(C)(ii)). In addition. the statute further authorizes the governmen- tal entity operating an undertaking to col- lect "canes, fees, tolls, or charges" for those services provided by the underbaldng (of- ficial Code of Georga, Sec. 36.82- 62(a)(3)). The stormto ter u ility s&vice charge is a f&, not a tai. Columbia County's utility in- volves a user fee because it is imposed to cover the costs of certain regulatory activ- ities undertaken for the protection of the public (reducing flooding, erosion,' and water pollution caused by Aormwater rung ete). It is not a tax that is irtiposed primarily as a revenue-generating mea• sure. Further, there is no provision in the ordnance for directly imposing a Tien on time property of landowners who fail to pay the stormwater service charge. The ruling distinguishes, point by point, how the Columbia County stormwater utility differed from the City of Atlanta's stormwater utility on these grounds. The county need not establish a war~tmu nity improvement district The mking states that the Georgia Constitution "authorize(s) the provision of stormwater management services with, out requiring the creation of a aomnnmity improvement distriW The decision ern phasizes that the mistence b€ the carnmirnity improve= anent district legislation does not preclude a county or city fiom.udwg other approadies- . The stonmaaler utiirtp fee is not a Ming under- the. Georgia or US ConstiAdions. the court ruled Columbia County has 'a legitimate gov- ernment interest in seeldng to reduce the negative ef- fects of stormwater runoff and meet its NPDES permit requirements. Applying ra- tional basis scrutiny, the court concluded the Colum- bia County stonrxwater management ordinance and the stormwater utility ser- vice fee are rationally related to fiilfflling this legitimate government interest. Be- cause impervious surface directly impacts the county's cost of providing starmwater management services and the charge is -based on dais factor, eadi individual sub- ject to the storrawater utility service charge is billed in proportion to his or her use of the county's stormwater manage- ment services. Because the user receives services in return for the storrnwrater drarge, them is no unconstitutional t9-mg, Tire stormmater inanagetrment or&nmtte and the somrwater utility service charge are convitudonal Because the stommwrater management ordinance and the stormwa ter utility service fee were properly enact- ed purmaant to the Georgia Constitution and Georgia laws, because the scrrvice fee is a fee and not a tax, and because the service charge does not constitute a talc- i ng ,under the Georgia or US Constit a- tions. Columbia County is entitled to sum- mary judgment. In addition, the home- owners are not entitled to summary judg- ruent on their claims. Collection of unpaid dmge£ The ruling also declared that Columbia County was entitled to recover against the homeown- ers for unpaid utility service charges on the legal. basis of an open account Significance to Georgia Cdolmunities Although, the superior court's order is well-reasoned, a. ruling by the Georgia Supreme Court will take precedence over the superior court decision and will pro- vide de6nidva legal guidance for stormwater utilities in Georgia-- This legal position rnigirt imp8.ct the existing utilities and will provide direction for local goo ernments in G.eorgla contemplating devel- opment of a stormwater utility'. Afarma- tion by the Georgia Supreme Court should address the;foItowing issues: • Georgia local goveinmenu have a le- gitimate Werest in reducing the nega• five effects of stormwafer runoff and complying, with NFDPS requhmnents. • Georgia municipalities have the right to charge fees for seirvices associated with reduchig flooding erosion, and water pollution caused by stormwater. - Stormwater management utilities that capture charges in a dedicated fund, separate and apart from the general fund, are recognized as a proper tun- dertaking for issuance of revenue bonds. • Stor mwater utilities can be legally ap- plied .in. portions (service areas or dis- tricts) of a jurisdiction where need justifies • Enabling legislation is not n:... ,.wry to establish the legal foundation for fu- ture a'tormwater utilities in Georgia. • Due diligence (including the correla- tion between the stormwater rmnage- ment progratrr and stormwater utility charges as well as documentation of regulatory drivers, as appropriate) must be completed for the utility to be legally defuastlole. Establishing a stormwater utility is an important, step in protecting the health and safety of Georgia citizens and general welfare of communities through pnotec- tan from flooding and erosion as well as with compliance with regulatory man- dates emanating from federal and state . pollution control laws. In addition, storm- water utilities preserve the quality of life enjoyed by citizens of Georgia, balancing natural resource protection with economic development and growth Municipal gov- ernments const'dedrig the. establisb ment of stormwater utilities need to understand the importance of due diligence to pre- serve the legal integrity of their trinities and are recommended to consult with fairs and attorneys wgxmienged in this arena to ensure success. Efi=beth Ic Shuford is a project manager in ,A1KEC F mrtX artil ,l;'rtvirvrimattal's metro-Atlanta XariettO office. Andrewj- H*alen ift of Mullins, Whalen, and West- bury is the attorney for the City of GrOi L Hector.. C_4m is president of Water Re- source Associates in Kirkland, WA. 72 StormwCdGT • Mavl3une ?nne wwmw.r .,,.,,.~,~ww•ea' wrr~ "W Rawee AM~• : !~k g Proposed Warrant Article for November 2005 Town Meeting Water Main Debt Authorization DRAFT: To see what sum the Town will vote to appropriate by borrowing, or transfer from available funds, or otherwise, pursuant to Chapter 44 Section 8 (5) and (6) of the Massachusetts General Laws for the purpose of constructing and reconstructing water mains, including the cost of engineering services, plans, documents, cost estimates, bidding services and all related expenses incidental thereto and necessary in connection therewith, said sum to be expended by and under the direction of the Town Manager; and to see if the Town will authorize the Board of Selectmen, the Town Manager, or any other agency of the Town to apply for a grant or grants, to be used to defray the cost of all, or any part of, said water system improvements; and to authorize the Town Manager to enter into any and all contracts and agreements as may be necessary to carry out the purposes of this Article, or take any other action with respect thereto. PURPOSE: To authorize the Town of Reading to borrow $2.0 Million dollars to fund the following future water main reconstruction projects: High St. (Woburn to Lowell) Haverhill St. (Franklin to Batchelder) Haverhill St. (Franklin to Wakefield) H St. Loop Main Causeway Rd. Loop Main Auburn St. to Bancroft Rd. ®6!24!2095 12:34 171317295444 1RAGKI:1`f & LUCAS BR.A.CI(ETT & LUC.A;"! ' q(y[JNSEL ORs AT LAW T GARY S. RRACKT31 BLAINE M. LUCA113 19 CEDAR STREET JOAN E. LANG SATV1 WORCESTER, MASSACITURT'r:1 01609 M. YYONNB G0N:ZALE7,' $08-7994739 JAb1ES T, MASTEIL&LEXIS Fax 608-799.9799 STSVUN t:. ]?T.ErCHP-R,** ST,LEN CALLAVAN DOUCE TE E.-:+2ail: ksandl(s slusoi.rv:t DONNA 0011SHEL COHEN - *AI" Admitted in CT •+ALw AdM!RW In ME and CO MEMORANDT,LM WINC14ES.T.$R 0:PFIC.P1 165 VA _N STMT R7,-;CJ M$Tr,P. MASSAMUSE7"1'•S D1890 78i-729.1300 TmOB:.-729--&144 F,Wfl: LangsamlrM- nol.corn pi me respond to the Wu1ChP_st(.r on"ico TO: John Sousa, T)PW Busin.e•ss Administrator FROM: Joan Langsaln, ;9.q. DATE: August 24, 2005 SUBJECT: Reading-Proposed Warrant Article Water Myin )debt Authorization I have, reviewed the proposed language you sent inc fo:: a warrant article authofizing the Town to incT.7r debt for water main reconstrucdon projects. In the First tine delete "and" after "or otherwise". Noon after Section 8 "(5) Bind (6)" The remainder of the proposed language is acceptable. Please advise if you have additional questions on :his issue c,/ F/7 kj~- C Proposed Warrant Article for November 2005 Town Meeting Transfer of Balance from Summer Avenue Water Main Project to the 20-inch diameter Water Main Project DRAFT: To see if the Town will vote, pursuant to Chapter 44 Section 20 of the Massachusetts General Laws, to appropriate the balance of $3422.74 remaining on the completed Summer Avenue water main reconstruction project, authorized by vote under Article 11 of the Warrant for the Annual Town Meeting of April 22, 2002, as an addition to the sum authorized by vote under Article 13 of the Warrant for the Subsequent Town Meeting of November 10, 2003, for the purpose of constructing a replacement 20 inch diameter water main extending from Bancroft Avenue at the intersection of Hartshorn Street, northerly to approximately the intersection of Forest Street and Colburn Road, or take any other action with respect thereto. PURPOSE: To authorize the Town of Reading to transfer the unexpended balance of $3422.74 from the completed Summer Avenue water main reconstruction project account to the 20 inch water main reconstruction project in the Birch Meadow area. UpB' OB/22/2005 12:17 17817295444 GARY S. BRACTMIT ELAINE M. LUCAS JOAN E. LANGSAM M, YVONNE GONZALEZ* JAM T. MASTERALI•r'XIS STEVEN c. F7 ETCHER" ELL13?q CALLAHAI; DOUC.STT13 DONNA GORSHE'r. COHEN *Mo Admitted in (.'T «*Also Admired in Wand CO BRACKE.TT & LUCAS $R.,kcKETT & Lu4.9 COUNSELORS AT LAW 19 tEDAR STREET 'WORCESTER, MASSACHUSETTS 01609 .;0&799.9759 Fan 508-799.9799 Fifl2a;1: bandlQbpcnle~al.ret jYjJLMORANIDIlM, PACE' 02 wtNCHES.'raR C-FFICE 10 WASHINGTON - TMBT VnNCH>r9TER, MASSACHUSETTS 018M 781.729,1500 Feu 781-729.5444 13-Mail: LMWam1n(!N01;caa Please req and to the Winchestbr office TO: John Sousa, DPW Busiricss Administrator FROM: Joan Langsam, E,.q. DATE: August 22, 2005 SUBJECT: Reading m Proposed W=ant Article 20 Inch Water Main I hewe reviewed the proposed language you sent me: for a warrant article transferring the balance of $3422.74 ft m the Summer Averitxe water maul reconstruction project to the construction project replacing the 20 inch water main, I hereby approved the proposed latigual;e. Please advise: if you have additional questions on this issue qr'I ~4 II Town of Reading Board of Selectmen 16 Lowell St. Reading, Ma. 01867 Dear Board 2m5 JUL 2 6 AN 10: 20 L rc cs< S d,~( Cam. Before closing the warrant for the subsequent fall Town Meeting I hope you consider an article to sell the land across from the High School . This land was taken in 1937 for taxes together with the land under the control of the School Committee ( Approx. 20,000 Sq. Ft. ) there is 160,000 plus Sq. Ft. Given the value of land in Reading I would suggest a sale of this land would bring upwards of $ 1.5, mil . While it can not be used to build sidewalks it can free up funds in other areas that can in turn be used for sidewalks or roads . Given the Towns record on property sales I would strongly suggest it be sold at auction if legally possibly . e- William C. Brown 28 Martin Rd. Reading, Ma. 01867 781 944 2807 Lf 5:~ ZO na, ei z4 azort cl) spm Yv u~ cS 128 41 54 g Nom 126 129 $ 10551 130 131 133 134 - , z 11 \ 111%/-, oA i9a°°° z1m3n2. wa O nun q CVvDA 125 135 34 c. 33 a s 4259 - G669 j q 4NU 4z4] ag, a,. A so 120 ~n 106 'LAWRENCE RD 107 , 5j0 g 8m 4' ~ 4os5 123 109 toi.t' A 5 5 5° 1 36 106 90 Ga91 Am 88 38 110 9046 ,926 440° nraa 1n.14 aGM ° g 5 122 105 R 9,9ro * osw U. ' O r, 111 12 136 4006 „p 104 98 93 6 ° ° ,46 ° 42W ,pty 'TQ 8 laso °on `Z..--dz<' ~s.°o 52. 120 O 112 u 5" g 95 4os u,c,9 G° 0 b 5A HAMPSHIRE ROAD ~9 103 w 5 ~~G uu 96113 , y Y'S 8 15.406 N~~~S G 4 Ii 2 119 Q w A 84 7.414 83 b y a 6 w~ ....121 a55 r 101 ,ate, 4114 S 'Am 26 i~~ G ,s 566 ,gyp ~ ° $ wp0 G' 'g 85° 178 ° $ ,~'O sxa = 56 2• M C 115 1846 50 82 14 4o~s 4 Lg1D Rp 56A 73 m ~u 116 117 57 W 55 g 60 + 4.1 4256 3 59 ~ 72 $ Bfip1 nwAw p 8 57.m0 8 ssoo 81 16°8 137 5 ,~o N d g 7 G- y5A 's ~'S ~55 57 1-1 58 0 54 5A pt\Q 44 'O . 1i 9 a G e ae ~g0 43 58, dao ti8 42 Y ~~°oA 166 A100 1i6 53 5P 4,m AM m 5 67 & 16~ 45 Q 52 y,A ,P n 1.600 a m2m c 11 0 m5 si.oz 5,.m ,0aA4 ,°x?7. t0A 4156 ......_..YUOxs -s,o 52 41 46 67 aw,r.n°o° 67 n.41 8 61 3, G6ss F 47 ~b ,64b o u „5A 138 50 u,p D iloo vz5 ass tmn' >P zA Am 62 C ° $ s.05a °b ° 5 49 'r 63 40 A to 3 65 3 4 pB ,r~ i4 8 e n 39 48 , 64 65 4aw 7= @!D m g, 4017 g ~ 64 33 { ou e A y N 4a1,pry izZ.4 37 re4 1z= a45o .~es~.ma 401p t l ~ ta2A a m g '01.M 36 _ 32' g / R 1 also a5o6 43Zi0 s 0 £ / 461 20'' 33 ,\o ° ~n aliso / G~ 4b rAAO 'Z. , 5a 4t-.-..'n.> X00 N 4'.AO Ofd n, 3 .T „Ap p6 35 8 5+6° a sa 04 a 34 GS G400' a 4wo s 2H 15 t moa4 5 o`y5 ,>fl 63 9ta 51 62 nsA f ]5566 I _ M u ~~2 .1 139 , 4511 L ~ 61 m ,f 20242 ~ ~ >,zs, eye o0 .rte Q „59' G'p yOP g 424 23 ° .i a°5.4o n5 15 a n5 4527'' 4m. 21 2~ t° 4 1.650N- a- 4 s 5281 a17 4a ~ a OPr 4y,A• . 4n-, A- 16 27.95/ f6 n.4ry z15o 0 t 14 76 1w Gn, 'AA76 s $ 5azo 111 3 g t,BN o m ~n - 10461 u 15]50 45751 4616 .Po ! ° 1.15 ,4>...pp \10A° N ,2e.\A T 0 m00 $ fl.. is rr` or la+ 'uA 6sst v 424.~ 7~ 4650 ~x 8 Q 4 „•p° O ,oaa• y ,zaoo '$g G 39 37B ms° , so }i ~A ,O.mc 69.,0 65 11- i $ t9,] t 20 4,56 ~O~N OF$FgO'y 1 r~ T~ e o 0,63g1lNC0R4p4P~ $ 4azA ~ .r.ol' 'b4~ " ia~6o Q g R 37 ,w \a ,>91 Q 121.29 .4S ?as zx 13 ip2 ,am t (a M, d n g FrI-PF1 L" 8 S Town „':Aari,Cn Geocanawcs. INC. Map Number: 123 READING NEIGHBORHOOD MAP 00 rn -rn l i Legend Town Boundary Railroad Roads Bridge I ~'I Paved Unpaved Gq,D ~ S ft\t-A V, N/-" .1, Parcels Buildings Sidewalks (W Jjil Driveway . , , . Retaining Wall 00000 Wall a00Mna Path ..d... Trail Fence ®m ® Hedge (~3 Trees ^~r^- Streams 'j open water - Wetlands Map by: Town of Reading Map date: Data are for planning purposes only. 0®60 12Ft 1 -ri I t t I 4 IFzz U GARY S. BRACKEIT ELAINE M. LUCAS JOAN E. LANGSAM JOHN G. GANNON M. YVONNE GONZALEZ* JAMES T. MASTERALEXIS STEVEN C. FLETCHER** ELLEN CALLAHAN DOUCETTE DONNA GORSHEL COHEN HEATHER C. WHITE *Also Admitted in CT **Also Admitted in ME and CO BRACKETT & LucAs COUNSELORS AT LAW 19 CEDAR STREET WORCESTER, MASSACHUSETTS 01609 508-799-9739 Fax 508-799-9799 James W. Cormier, Chief of Police Reading Police Department 15 Union Street Reading, MA 01867 Re: Door-to-Door Solicitors and Canvassers Dear Chief Cormier: WINCHESTER OFFICE 165 WASHINGTON STREET WINCHESTER, MASSACHUSETTS 01890 781-729-1500 Fax 781-729-5494 Email: jelangsam@Bracketd-ucas.com Please respond to the Winchester office. August 29, 2005 » c~ c~ ~n 0% I have enclosed a proposed bylaw for registering door-to-door solicitors and canvassers for your review. It is based on the Wakefield bylaw. If you have any questions, please do not hesitate to contact me. JEL: sj s Enclosure cc: Peter Hechenbleikner, Town Manager Very truly yours, /Z'-Joann Langsam 4 ~Z3 Door-To-Door Solicitors and Canvassers A. Definitions; applicability. (1) As used in this section, the terms "solicit" and "canvas" shall mean and include any one or more of the following activities conducted at residences without the previous consent of the owner: (a) Seeking to obtain the purchase, or orders for the purchase of goods, wares, merchandise, foodstuffs or services of any kind, character or description whatever for any kind of consideration whatsoever; or (b) Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication. (2) The provisions of this section shall not apply to officers or employees of the Town, county, state or federal government, or any subdivision thereof when on official business, or to neighborhood youth and students who solicit for the shoveling of snow or cutting of lawns or similar services to residents, nor shall it be construed to prevent route salespersons or other persons having established customers to whom they make periodic deliveries from calling upon such customers. (3) If any solicitor or canvasser is under the age of 18 years and is selling goods or periodicals for a commercial purpose, the provisions of M.G.L. c. 101, §34 shall apply. (4) The provisions of this section shall not apply to any person soliciting solely for religious, charitable or political purposes. B. Registration required. It shall be unlawful for any person to solicit or canvas or engage in or conduct business as a canvasser or solicitor without first having obtained a Certificate of Registration from the Chief of Police as provided in this section. C. Application for Certificate of Registration. (1) Application for a Certificate of Registration shall be made upon a form provided by the Police Department along with a nonrefundable application fee of $25.00. (2) An authorized representative of the sponsoring organization shall apply to the Chief of Police or his/her designee either in person or by mail. All statements on the application or in connection therewith shall be under oath. The applicant shall provide all information requested on the application, including: y FZy (a) Name, address and telephone number of the sponsoring organization, along with a listing of all officers and directors; (b) State and/or federal tax identification number of the sponsoring organization; (c) Name, residential and business address, telephone number, social security number and date of birth of each representative of the sponsoring organization who will be soliciting or canvassing in the Town; (d) Description sufficient for identification of the subject matter of the soliciting or canvassing in which the organization will engage; (e) Period of time for which the Certificate is applied (every Certificate shall expire within one year of date of issue); (f) The date of the most recent previous application for a Certificate under this section; (g) Any previous revocation of a Certificate of Registration issued to the organization or to any officer, director or representative of the organization by any city or town and the reasons therefore; (h) Any convictions for a felony, either state or federal, within five years of the application, by the sponsoring organization, any of its officers or directors, or any representative who will be soliciting or canvassing in the Town; (i) Names of the three communities where the organization has solicited or canvassed most recently; 0) Proposed dates, hours and method of operation in the Town; (k) Signature of authorized representative of the sponsoring organization. (3) A photograph or an acceptable photocopy of a photograph of each representative of the sponsoring organization who will be soliciting or canvassing in the Town shall be attached to the application. (4) No Certificate of Registration shall be issued to any person, or to any.organization having an officer or director, who was convicted of commission of a felony, either state or federal, within five years of the date of the application, nor to any organization or person who's Certificate of Registration has previously been revoked as provided below. 2 (5) Fully completed applications for Certificates shall be acted upon within five business days of receipt. The Chief of Police shall cause to be kept in his office accurate records of every application received together with all other information and data pertinent thereto and of all Certificates of Registration issued under this section and of all denials. (6) Upon approval of an application, each solicitor or canvasser shall be issued a Certificate of Registration to carry upon his/her person at all times while soliciting or canvassing in the Town and to display the Certificate whenever asked by any police officer or any person solicited. D. Revocation of Certificate. (1) Any Certificate of Registration issued hereunder may be revoked by the Chief of Police for good cause, including conviction of the holder of the Certificate of violation of any of the provisions of this section or a false material statement in the application. Immediately upon such revocation, the Chief of Police shall give written notice to the holder of the Certificate in person or by certified mail addressed to his/her residence address set forth in the application. (2) Immediately upon the giving of such notice, the Certificate of Registration shall become null and void. In any event, every Certificate of Registration shall state its expiration date, which shall be no later than one year from date of issue. E. Deceptive practices. No solicitor or canvasser registered or exempt from registering may use any plan, scheme, or ruse which misrepresents the true status or mission of any person conducting the solicitation or canvas in order to gain admission to the home, office or other establishment of any person in the Town. F. Duties of solicitors and canvassers. (1) It shall be the duty of every solicitor and canvasser going onto any premises in the Town to first examine whether there is a notice posted stating that no solicitors are welcome. If such notice is present, then the solicitor or canvasser shall immediately and peacefully depart from the premises. (2) Any solicitor or canvasser who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant. G. Lawful hours to conduct solicitation or canvas. All canvassing or soliciting under this section shall be confined to the hours between 10:00 A.M..and 8:00 P.M. throughout the year. Y F Z'G J Philip Pacino Chairman By Law Committee 2[~ AUG -8 €'19 1' A Dear Philip In addition to the changes that will be required because of the Charter I submit the following for your committees consideration. 2.1.6. In the last sentence change the word MAILING to PROVIDE , as you are aware copies of the Warrant have not been mailed in a number of years , the word Provide should cover picking up copies . Rules 5 and 6 seem to be redundant suggest Rule 6 be changed to read. Rule 6 After being recognized by the Moderator, a Town Meeting Member or a non Town Meeting Member that is a Chairman of an Elected or Appointed Board or Committee as defined in Articles 3 and 4 of the Charter may make a motion. In some cases Chairman may not be Town Meeting Members ( Present School Committee Chairman) , but I feel they should be allowed to make motions as part of their duties . 2.2.7. Since we meet at least twice a year as written the Town Clerk must send out notices after each Town Meeting. I think the intent was as stated in 2-6 of the Charter. 2.2.6. Since it unclear to me if Town Meeting Members - Elect can vote at Precinct meeting since they have not been sworn in and because other meeting take place at the same time as Precinct Meeting are taking place and as we all know seldom get started on time I suggest the following . 2.2.6. Town Meeting Members and Town Meeting Members - Elect shall convene at the first session following the Annual Town Election at which time the Moderator shall give the Oath to Town Meeting Members - Elect. Town Meeting shall then stand adjourned for one half hour, Town Meeting Members shall meet at each of their precincts to elect a Chairman and Clerk and conduct whatever business that may be appropriate . gFlIF Town Manager Town of Reading 16 Lowell St. Reading, Ma. 01867 Dear Peter 2ID5 AUG -8 Pty p w With the revision of the Charter there are now several By-Law changes that are required. I point out some and will submit more as I find them. Rule 4 the words or Charter, and petitions for a special act, or local acceptance of a State Statue which is subject to Town Meeting acceptance , Rule 8 should be changed to read Any Non - Town Meeting Member Etc. and some provision must be made to allow proponents of an article speak Addison Wesley etc. ) to speak, presently they may do so only after all Town Meeting Members have been allowed to do so. 2.1.6 the last sentence needs to be changed to reflect the current practice of Town Meeting Members picking up the annual Warrant and some still being mailed. 2.2.7.1 Needs to be changed, presently it states " within thirty ( 30 ) days after the adjournment sine die of a Town Meeting. The Charter states " fails to attend one - half or more of the total Town Meeting sessions etc. The By- law implies a notice must be sent after any Town Meeting since except for elections all Town Meetings adjourn sine die. 0~' William C. Brown 28 Martin Rd. Reading, Ma. 01867 781 944 2807 q Fz9 Hechenbleikner, Peter To: Chris Reily; Fink, Fran; Burns, Greg; Joan Langsam Cc: herrick_k@msn.com Subject: FW: Proposed Aquifer By-Law Changes - Attachments Proposed Propane fer By-Law Chan Facts.doc Here is the material. - Joan - I'd like your comments on whether the proposals meet all of the requirements needed to accomplish what is being attempted. - Greg, you're going to get a letter or memo to the CPDC and Conscom. - Fran, you're going to touch bases with CPDC. - Chris, this will be part of the CPDC's zoning workshop on September 12th, and then the subsequent hearings etc. -----Original Message----- From: Karen Herrick [mailto:herrick k@msn.com] Sent: Thursday, September 01, 2005 10:44 AM To: Hechenbleikner, Peter; btafoya@ci.reading.ma.us; Anthony, Camille Cc: stephen.herrick@ngc.com Subject: Proposed Aquifer By-Law Changes - Attachments Camille and Peter and Ben, Thank you for investing the time to understand our proposal and to lay out a course of action. I have attached the two documents that I brought to our discussion today. I am more than happy to refine them and do whatever else as needed in order to "educate" the members of the CDPC, the rest of the selectman, the conservation committee, Chief Burns and members of town meeting about this topic. Steve and I will plan on attending the selectman's meeting on Tuesday. Don't hesitate to let me know what else I can do to facilitate this process. Earlier in the summer, I sent the Chief a packet of information relating to the construction & installation of the tanks themselves and proposed his conversation with the N. Andover fire chief. The N. Andover fire chief is a a noted leader in the fire prevention area and a proponent of underground propane tanks. Thank you also for convincing Steve to volunteer his excellent analytical/financial skills. I have been urging him for years. Thank you, Karen & Stephen Herrick. Background for proposed warrant article - Aquifer Protection District The current Zoning By-Laws relating to the Aquifer Protection District unnecessarily forbid the storage of propane for normal household use in underground tanks. As currently written, the by-laws also forbid all underground storage tanks even those containing non-toxic items such as water. The proposed changes will more specifically forbid underground storage of toxic and hazardous materials with the exception of liquid propane products. Propane Facts: • Recognized by the United States Environmental Protection Agency as a "Clean Fuel." Propane is commonly used for heating throughout the US especially in regions where oil and natural gas access is low. • Per Eric Arvedon, Mass. D.E.P. (617-292-5887). Underground storage of propane poses no danger of contamination for air, water or soil. (It should be regarded as equivalent to natural gas for safety and environmental purposes.) • Also per Eric Arvedon, propane is included in Toxic and Hazardous materials M.G.L. 21 C solely because it is flammable like natural gas. • Propane solutions allow homeowners in and out of the aquifer district a clean heating alternative to the expense & delay of natural gas. • MA State Fire Marshall approves underground propane storage tanks. Local fire departments issue tank permits. • Unlike above ground tanks, underground storage tanks are protected from damage from weather & temperature changes, tree limbs, cars, lawn equipment,...etc. • Modern installation techniques (specialized tank coating, overfill valves, sand beds and sacrificial anode bags) protect the tank exterior and provide for a minimum tank lifetime of 40 years. Propane does not corrode the inside of storage tanks • Underground propane storage does not require digging and patching of town roads. • Underground storage tanks are invisible to the neighborhood, preserving the historical and architectural character, and property values. • Propane is a by-product of the oil and gas refining processes. 80% of the propane available in the US is produced by Americans. The storage of propane for normal household use in underground storage tanks does not conflict with or violate the intent of the Aquifer Protection District and should be allowed. 44:-: 30 Proposed Aquifer By-Law changes for Fall 2005 Town Warrant 4.8 Aquifer protection District 4.8.6.2 Prohibited Uses: 4.8.6.2.4.6 storage of Toxic or Hazardous material as defined by 4.8.3 and liquid petroleum products, with the exception of liquid propane products for normal household use, unless such storage is:... 4.8.6.2.4.14. underground storage tanks containing Toxic and Hazardous Materials as defined in 4.8.3 related to activities in Section 4.8.6.1 except for liquid propane products for normal household use. N F3Z" READING WETLANDS MAP i c t r \ t "i ~'„`r,~•`-~``„Sy. 11~4~ 4 `li /A` ` t C Si:~,~ •i. not f 1` 't ! i~ i t1 1 Mt i t ` 1: t V 41' t Itt ' \i t '1 \ l ` 1;"',~ t`~ rtt ti i"t 1 tl t. t 11 S V ` ~ . \ 1 t il ` / 4 r" " S" ~•t ...t , t . ..•-'"`s l r111 ~y t ~ ~t ) i f In r -t-j4 J 4'Tt 1 i-'(~'lj+~'1 t 1,... ~ I ~Y I. t i~ i , 't i ,'y 0ti{ ( Sri cc Z a l t i i41 ..a J XN f't 2 n t tt 4ia{ t~'rn i} r U 1.: C= t N l l Yr I p)l j':? ` \ T; 4t t1 t ` !+y ' t r 1 a~ t~ " ~i r~ ' k \Ir' ,•5 \ ` t l ` I,,,(-•,• _ ~ 'A ~%,1~~ r , . "`s 7 t 1 1 ~ t l~~'l 'y-`` ! it ::'4 {1 ~t{ V? I}`\• 4 .Ir ~ V 1!„1 Sri Y ~1 t M A 5~(F2E~~ \ \ t . ::.,at ,1 4~ f 4 V , ~C 11 r ~,',F: r _ tt t ( 'Am t a N C j l 1 1 h` „ti ' t~ ~l y~ } 'i l' nA' l a 1-=___ ~ J •.J ` ~ ` t4t L 4 e't . It /V f,r r „ Q 1~ `l~ { { •....,,~J 1(, 11 L,.° 1, I t?'~~l 4~ ii t`t 1 S 11 y```1 S1`, ' i L 5 3•-k , 1 A S Vi ."t1"tn•{•l.` t' lit, ..i. \ I I ~ 14 ~.4 u; ~ d,' y t 1', • 1 L ri,,.. ly"• j. ..1 } , a•~,;t , •...6{: t rT1 1q \ ~ i ~ ( S - ' ~ fl 1J t\ ~ tt r~L~ z iV~ I t t 41> 4 e,~ :`.j+~ri Vy , 1 ~t I_ - 1 r ) J ELii+r-! t ' 11 \ `V ` \ 3` , y Y i~'~v~~ 1+.. ~lW . li I y, L) t, 5 } t'. / 1(: , r. ' l~ c pULD STE j t v I CHAFRE t ¢ ~1~ I ~ t I~ ` I i l;~ jff aRFE[tf-_S-IREi l c, lbY~ I ~~o t 7 , d I t o r^.I~ t :l i3 `•)'a t 4 ! (J 5~ tr.i..i •I ~t j r7 t.1 f 1y t 71 I- cj, ,Is 'II y~~S~1Otf3`I ~zR 4 t ~ ~ i Cd ,alt f f 01 I , r ~ ` V i II;~ ~ r t' t'J~ ~ ~ ~ ( ~~y • i Legend Wetlands (transparent) Wetlands Map by: Town of Reading Parcels l' Open water Open Water Parcels valid 1/1/03. i;,•~ Deep Marsh Deep Marsh Wetlands from MA DEP Buildings Shallow Marsh interpreted from aerial Shallow Marsh Meadow Sidewalks Shrub Swamp Shrub Swamp photos taken 5/1/01. Driveway 2 ~w's Wooded Swamp Buildings, roads, streams, ( y Wooded Swamp Coniferous *~'6aPath { Bog walls etc. from aerial photos a ua Trail 0713 Wooded Swamp Deciduous Roads taken 8/98. Data are for Retaining Wall Wooded Swamp Mixed Trees Bridge planning purposes only. ooooo Wall rS~ Bog x Fence -r\, Streams (planimetric) ! I Paved 0 300 600 e ® o Hedge Open Water (planimetric) ! Unpaved Ft L 1F3_$ Board of Selectmen Meeting August 30, 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 Camille Anthony, Vice Chairman Richard Schubert, Secretary Joseph Duffy and Selectmen James Bonazoli and Ben Tafoya. Also present were Town Manager Peter Hechenbleikner, Human Resources Administrator Carol Roberts and Town Accountant candidate Gail LaPointe. Discussion/Action Items Interview and Anboint Town Accountant - Chairman Camille Anthony announced that they are going to be doing interviews for the position of Town Accountant this evening. She turned the meeting over to Ben Tafoya who chaired the Town Accountant Screening Committee. Selectman Ben Tafoya reviewed the process of initial screening, interviewing, selecting finalists and then "going back to the drawing board." The intent was to have multiple candidates before the Board of Selectmen. However, when the Screening Committee went back and reviewed applicants as well as interviewing additional candidates, it became clear that one candidate - Gail LaPointe - had qualifications over and above all. of the other candidates. The Screening Committee unanimously felt that to bring additional candidates before the Board of Selectmen just for the sake of having additional candidates would be doing disservice to the candidates and to the Board. Vice Chairman Richard Schubert who was also on the Screening Committee agreed, and reinforced that the intent was initially to bring all of the candidates forward but it did not make sense in this instance. Selectman James Bonazoli indicated that he was disappointed that the process was not kept with regard to multiple candidates. This is not a comment on the candidate being brought before the Board of Selectmen this evening. Gail LaPointe presented her credentials to the Board of Selectmen. Selectman Ben Tafoya asked her to review her educational background and experience that qualify her for the position. Ms. LaPointe noted that she went to Salem State College for a Bachelor's degree in Accounting, spent seven years in public accounting, and gained a wide experience in a number of areas. She applied to Lynnfield for the accounting position and was appointed. She served there for 11 years. She then went to Boxford as the Finance Director. After a couple of years, she applied to Burlington for the Town Accountant position and has been there since. She's interested in staying in the field but would like a situation that is closer to her home in Lynnfield. 5-q- Board of Selectmen Meeting - Aueust 30.2005 - PaLye 2 Selectman Ben Tafoya asked why she maintained her CPA when it wasn't required. Ms. LaPointe indicated that she worked very hard to get it and that it is not that hard to maintain it. One needs to keep current in professional development in any case. She indicated that she does not now do outside work on tax returns other than for family. Selectman Ben Tafoya asked about her experience with school building projects. Ms. LaPointe reviewed her experience in setting up the systems in Lynnfield for their school building projects. Since the whole process is changing, she would have to come up to speed on it but does not see that as a problem. Vice Chairman Richard Schubert asked about her work style and relationship building. Ms. LaPointe noted that she would come into a situation like Reading and study and review the current systems. She would talk with all of the people involved in the accounting process. She's open to other ways of doing things. She would make changes slowly. She reviewed the process of working with staff in Burlington. She worked in training current and new employees and believes in establishing procedures manuals. Vice Chairman Richard Schubert noted that two areas where she does not have experience is in working with the Light Department and being a member of the Retirement Board. He asked how she would come up to speed on these issues. Ms. LaPointe indicated that she likes to learn new processes. This is just another nuance to the job, and there is plenty of training available including PERAC for the retirement system. She looks forward to learning these new aspects of the job. Selectman James Bonazoli asked her about her experience in the reporting structure. She noted that in Lynnfield and Burlington, she was appointed by the Board of Selectmen. In Lynnfield, she had a lot of contact with the Board of Selectmen - they would stop in and ask her questions. The Burlington reporting process is very similar to Reading. The Town Accountant has to be able to exercise independence and to be a watch dog. Selectman Joseph Duffy indicated that he can see that Ms. LaPointe is somebody who would be innovated and he likes that. Chairman Camille Anthony asked about her experience reporting to the Board of Selectmen and how she did that. Ms. LaPointe reiterated that in Lynnfield, the Board of Selectmen stopped in often. Both the Town Administrator and the Selectmen Chair were accountants and she worked with them a lot. In Boxford, she reported to the Board at meetings. In Burlington, the Town Accountant does a State of the Town presentation along with the Town Administrator and the Finance Committee Chairman. She's worked on those presentations to make the information easier to understand. She meets with the Board of Selectmen on some matter about once every other month. Vice Chairman Richard Schubert reviewed the watch dog responsibility and asked if there were any examples of where she had to "call" on inappropriate expenditures. Ms. LaPointe related a situation where a department wanted to take in revenue directly to their budget for something that they were selling without a revolving fund having been established. sQZ Board of Selectmen Meetina - Ausust 30.2005 - Paae 3 Selectman Ben Tafoya asked if Ms. LaPointe had been involved in any software changes. Ms. LaPointe indicated that she is not familiar with Admins but has had to learn different software systems, particularly when she was in private work. She likes doing that work and maximizing the use of software. Ms. LaPointe was given the opportunity to ask any questions. She noted that she's worked in the Town Accounting and public sector for 16 years in several communities. She knows what to expect and is looking forward to working with the Town of Reading. Selectman Ben Tafoya. noted that her reference checks were excellent. Selectman James Bonazoli noted that he understands why only one candidate was brought forward and feels that Ms. LaPointe is an excellent candidate. Chairman Camille Anthony noted that she is very impressed. Ms. LaPointe meets all of the criteria and attributes that she previously laid out and she has a very nice way about her. On motion by Bonazoli seconded by Tafova. the Board voted to aunoint Gail LaPointe to the position of Town Accountant with a term beginning October 1. 2005 and expiring March 31. 2006. subiect to a successful completion of a are-emnlovment medical examination as required by Town Bvlaw. and that the salarv within Grade 18 and benefits will be negotiated by the Town Manager. All members voted in favor of the motion. and Gail A. LaPointe was annointed as Town Accountant. Chairman Camille Anthony and Vice Chairman Richard Schubert commended the Screening Committee and Ben Tafoya for their excellent job. Chairman Anthony suggested that the Screening Committee meet and review the process that was used. Retreat Follow Un - Chairman Camille Anthony presented a proposed tracking log. The Board discussed some of the details. The Town Manager will use this as basis, put together a template, and email it to the Selectmen. In the template, we will include the items that Chairman Anthony has noted as well as follow-up items from the Action Status Report. The Town Manager will review with staff whether Excel or Microsoft Word would be better. The Board agreed to the general schedule where they would meet the 1St, P and 4th Tuesdays of the month. They will start at 7:00 p.m. starting September 6, 2005. The 1" Tuesday of the month at 6:30 p.m. before the Selectmen's meeting, the Board will have office hours. They will rotate it among the Board members. Selectman James Bonazoli and Vice Chairman Richard Schubert will take the first session, and they will locate in the Town Hall Conference Room. We will advertise this on RCTV and the web page and, hopefully, get articles in the Chronicle. The first half hour of each meeting will be spent on Selectmen's Liaison Reports and Comments, Town Manager's Report, Public Comment and Proclamations. Other business will then be able to start at 7:30 p.m. On the first Tuesday of the month, the meeting will start out with department highlights. On the 4th Tuesday of month, we will review the status of the Action Status Report. We will try to arrange when public and staff needs to be at the meeting, to be x0.3 Board of Selectmen Meetina - Auuust 30.2005 - Paize 4 done starting at 7:30 p.m. We will continue with the process of having a workshop meeting once per month. At the workshop meetings, the first half hour will still be devoted to the Selectmen's/Public Comment/Town Manager Reports, and then they will go onto other items. During each meeting, they will review the next agenda, and get the Board material on major items ahead of time. The Board talked about their site walk on September 10, 2005. They will be in the Chute Street area at 9:00 a.m., and at the Water Treatment Plant at 10:30 a.m. They will give notice to residents in the High Street to Sanborn Lane, Middlesex Avenue to Woburn Street area. The Town Manager noted that we were trying to give longer notice for hearings and, therefore, the agendas are less flexible at the last minute. The Board of Selectmen is interested in getting on the Cable Television bulletin board and/or the website a list of things being considered for Board action. They would like to consider having an evening - a workshop meeting just on traffic issues - the Town Manager will work with staff on this. The Board suggested a section of the agenda for List/Copy for response to citizens questions and comments. This would be separate from the rest of the List/Copy material. The Town Manager asked for input on whether or not the materials that are being copied to the Board are relevant. As a general rule, the Town Manager will respond on behalf of the Board where there are issues that the Board has already made decisions on. There was discussion about issues with employees. These need to be directed to the Town Manager. If comment needs to be given back to a resident, the Town Manager will do that. The Board discussed whether or not there should be a broad policy on site visits. They also discussed Boards, Committees and Commissions training, and whether or not members of Boards, Committees and Commissions should wear name tags when they are in the field. The Town Manager will get back to the Board with specifics on the Retreat issues. Chairman Camille Anthony will work with Vice Chairman Richard Schubert to modify the Minutes of the Retreat to bring them to completion. On motion by Schubert seconded by Tafova. the Board of Selectmen voted to adjourn their meeting of August 30. 2005 at 9:55 u.m. by a vote of 5-0-0. Respectfully submitted, Secretary Say THE COMMONWEALTH OF MASSACHUSETTS Number: 2005-50 TOWN OF READING Fee: $50.00 This is to certify that THE PAPER STORE OF READING, INC. d/b/a THE PAPER STORE, 40 WALKERS BROOK DRIVE, seating 0 customers IS HEREBY GRANTED A COMMON VICTUALLER'S LICENSE in said Reading, Massachusetts and at that place only and expires December 31, 2005, unless sooner suspended or revoked for violation of the laws of the Commonwealth respecting the licensing of common victuallers: This license is issued in conformity with the authority granted to the licensing authorities by General Laws, Chapter 140, and amendments thereto. Pursuant to Section 3.6 of the Board of Selectmen's Policies, patrons are not permitted to bring alcoholic beverages on the premises for their own consumption and licensees are not permitted to keep alcoholic beverages on the premises except for a small quantity that is used in the preparation of certain specialty cooked foods. All signs shall conform with the sign regulations of the Town of Reading. In Testimony Whereof, the undersigned have hereunto affixed their official signatures. 1& 3 M ] r' Date Issued: August 9, 20W Page 1 of 3 L Hechenbleikner, Peter From: patdevito@senatortisei.com Sent: Thursday, September 01, 2005 1:57 PM To: Scott Miller; Bill Toppi Cc: DLaVancher@lifeplansinc.com; JSeagrams@aol.com; paul.humphries@verizon.net; Town Manager Subject: Jordan's/trucks To all concerned: Thank you for contacting my district office relative to the (truck) distrubances at Jordan's etc. C-i After reviewing the emails received at my district office, I placed a call to Peter Hechenbleikner, Town Manager. Mr. Hechenbleikner reassured Pat DeVito, an Administrative Aide in my district office, that he was working to correct the problems that continue to disturb the community. I have every confidence in Mr. Hechenbleikner's desire to continue to work at correcting each of the existing problems. Please continue to email or call my staff with updates related to your concerns. I have instructed my staff to monitor these matters for me. Sincerely, Richard R. Tisei State Senator Original Message From: Scott Miller To: Bill Topes Cc: DLaVancherWifedansinc.com ; DatdevitoO.senatortisei.com ; JSeaarams(cDaol.com ; oau1.humohriesO..verizon.net Sent: Tuesday, August 30, 2005 10:55 AM Subject: Re: Update from Ben tafoya It's time to contact the State Attorney General. I believe they're not in compliance with at least one regulation. Let's work on the language. Diana, please put me touch with Eileen. Thanks! Scott Bill Toppi wrote: So much has been said and so little accomplished. Track continue to arrive and leave got. k 9/1/2005 Page 2 of 3 before 7 AM. Bill From: 'Diana LaVancher" <DLaVancher0/ifeo/ansinc.com> To: "'Bill Toppi<bi/lt=inahotmai/.com> Subject: RE., Update from Ben tafoya Date: Mon, 1 Aug 2005 0731:07 -0400 Ben- update from my contractor friend in Reading- all other towns they work in have ordinances stating light poles no higher than 20-22 feet- and many towns specify tilt to be downward certain angle and wattage limits. THis is pretty standard- note Reading still doesn't have anything on the books. Diana -----Original Message----- From: Bill Toppi fmailto:bilitoopiCabhotmail.coml Sent: Friday, July 29, 2005 11:52 AM To: ben(d)Dlanetrimcom; sdml(&biafoot.com; dlavancheranlifeolansinc.com; JSeaarams(Tbaol.com Subject: RE: Update from Ben tafoya I invite all to read Article 31 Bill >From: "Ben Tafoya" <benCa)Dlanetnw.com> >To: <sdrn1abiafoot.corn >,<dlava ncheralifeoiansinc.corn >,"'Bill Toppi <bilitoDDiOhotmaii.com> <]Seaaramsaaol.com> >Subject: Update from Ben tafoya >Date: Fri, 29 Jul 2005 11:20:25 -0400 >I want to give you an update on my activities since our last meeting. >1. I had a discussion with a member of the Community Planning and >Development Committee regarding the decision of July 9, 2001 ><httD://www.ci.readina.ma.us/olannina/wbcdecision.r)df> regarding the >construction at Phase I of Walker's Brook. My concern was paragraph 23 which >clearly laid out restrictions on the lighting that would have prevented the >problem from occurring in both the parking lot and building lights. He >indicated that they rely on staff to follow the decision guidelines but he >will talk to the committee about the issue of follow-up on major decisions >of this type. >2. On Tuesday July 26th I met with Peter Hechenbleikner regarding the same >issues. I relayed my concerns about the lighting situation at Jordan's (he >told me that he received a call from the neighborhood about all night lights >again.this is good.keep them coming). I told him about my concerns regarding >the lack of enforcement of the CPDC decision regarding lights and >deliveries. I also expressed my concern about hours of operation of the >movie theatre at Jordan's which gives them an operating excuse to keep the >lights on quite late. This weekend for instance the showing of Batman ><httr)://www.bostonmovietimes.com/movie-theaters/9189.ohD?date=O> Begins 9/1/2005 Page 3 of 3 >runs from 9:50 PM for 2 hours 20 minutes. The showing starts ten minutes >before the store ><httD://www.iordans.com/about/find store detail.aso?tvDe=readina> closes on >Friday. I told him I did not think this was acceptable. He agreed to >follow-up at the selectman's meeting that night as the Board of Selectmen >promised a follow-up meeting with Jordan's Furniture management at the June >23rd meeting. He also reiterated the policy that all developments of this >type would get peer review of lighting (at developer's expense) before >approval by town staff. The town is making Dickinson redo the lighting in >Phase II. > >3. At the BOS meeting on Tuesday evening the board reiterated the intent of >having Camille Anthony <mailto:Anthonv%20Camille%20(W)> and James Bonazoli ><mailto:Bonazoll,%20James> meet with Jordan's regarding the lighting and >operation issues. As part of a briefing packet I will include this summary >and I will encourage them to communicate in the strongest possible language >that we will not tolerate violations of paragraph 31 (page 15) of their >special permit regarding operating hours for delivery. I will take steps to >get the police involved so that fines can be issued for violations. We also >need to clarify what is needed for security at the site. (If we do have them >make a gate, will trucks parking in the lower lot still disturb the >community?) >I would be happy with your input and further comments. If we do not get >satisfaction with the next meeting in the process I will take further steps >to have the BOS draw the attention of Jordan's management to these issues. >Ben Tafoya >Planet Networks Inc. >315 Main Street, Suite 205 >Reading, MA 01867 >www.Dlanetnw.com >benaDlanetnw.com >P: (800) 786-1105 >C: (617) 953-2530 943 9/1/2005 Page 1 of 2 Hechenbleikner, Peter To: Michele Subject: RE: Wood End parking restrictions Sorry Michele - busy time of year. See my comments below. -----Original Message----- From: Michele [mailto:michele@bestroad.com] Sent: Wednesday, August 31, 2005 7:57 AM To: Hechenbleikner, Peter Subject: Re: Wood End parking restrictions Thanks very much! Original Message From: Hechenbleikner. Peter To: Michele Sent: Tuesday, August 30, 2005 3:46 PM Subject: RE: Wood End parking restrictions ,L/C R e S , Vo &*~Y Sorry - Michelle - I've been doing some vacation,a and some off site training. I'll try to get back to you tomorrow. Pete -----Original Message----- From: Michele [mailto:michele@bestroad.com] Sent: Monday, August 29, 2005 10:18 AM To: Town Manager; Reading - Selectmen Subject: Wood End parking restrictions Hello again, I would appreciate a response to these few questions. It's been two weeks and I haven't heard anything yet. I've added a couple of questions since then: 1. During the Working Group meetings there was discussion to have parking on one side of Dividence Road for pick up and drop off. From what I've read it looks like Dividence is the only access road to Wood End that has parking on both sides. Dividence is narrow and it would be very difficult to drive through plus the fact that an emergency vehicle or other large vehicle may not get by. Will parking be restricted on the south side?[Hechenbleikner, Peter] Other than in the area of the corner of Dividence and Emerson, and of course the "dead end", we did not restrict parking on Dividence. We'll see how it goes, but it shouldn't be a problem in that you can't enter Emerson at Franklin during the restricted hours, and it's against the law to park on the wrong side of the street. But we will monitor it - someone may try to take advantage of the situation. 2. Why are the parking restrictions different on the access roads to Wood End? Sunset and Roma have no parking 7:30-9 PM while the others will 9/1/2005 gbl Page 2 of 2 be 7:30-8:30 and 2:30-3:30. Shouldn't the restrictions be consistent? The 9PM restriction will alleviate parking on both sides of the street for early release days and open houses at the school. [Hechenbleikner, Peter] Good question. The Board of Selectmen was trying to respond to resident preference. Again, we'll have to see how it goes, but Roma Lane will be primarily neighborhood residents so hopefully it won't be an issue. 3. I noticed a public hearing in the Reading Chronicle pertaining to parking restrictions on both sides of Zachary Lane. Parking restrictions on one side should be sufficient; it might be more convenient for parents to park on the east side of Zachary. [Hechenbleikner, Peter] Again in response to a resident issue. My guess is that the Board would approve restrictions similar to the other streets, but the notice is written broadly. 4. Any luck on getting left turn arrows at the traffic light at Main and Franklin streets?[Hechenbleikner, Peter] We haven't had time to do the request yet - our argument is going to be school related, since they already turned us down once on general traffic concerns. 8bz 9/1/2005 LIC 6e,~, Hechenblefter, Peter From: Betsy Henneberry [elizfloyd@yahoo.com] Sent: Thursday, September 01, 2005 3:03 PM To: Public Works Cc: Town Manager Subject: West Street Construction/ Berkeley St DPW: Could you please let me know when West St traffic will stop being diverted through Berkeley St? Berkeley St is a small, 2 block stretch that runs parallel to West Street, off of Woburn. I completely understand that traffic must be diverted in order to fix the water mains on West St, however our small street has been overwhelmed in the last month by the increased truck/car traffic and noise. Our street has , limited/no sidewalks and many small children. There have been 2 car accidents in front of our house in the last week due to the increase in traffic and eroding pavement conditions. I understand that traffic needs to be diverted to get work done, however I am concerned that our small street has been negatively affected for almost a month now. Could you please let me know when the current construction will move to a different part of West St, thereby freeing up our road? If this will not happen for a while, could traffic be diverted to another larger street that can better handle the traffic with lights and sidewalks (ie: Summer St)? Thank you for your help in this matter. Sincerely, Betsy Henneberry Berkeley St Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com IFG 1 Page 1 of 1 Hechenbleikner, Peter From: Percival, Ryan Sent: Friday, September 02, 2005 10:08 AM To: elizfloyd@yahoo.com Cc: Hechenbleikner, Peter Subject: West Street Watermain Replacement Betsy Henneberry, Thank you for your patience the last few months of construction on West St., it is appreciated. I do apologize for the inconvenience and increased amount of traffic through your neighborhood. I am pleased to inform you that as of next week the construction zone will be moving on the other side of Woburn St., relieving your neighborhood of any detours. Please be advised that there will be detours set up around that section of construction. Thank you again for your concerns and patience, Ryan Percival, Assistant Civil Engineer gC. Z. 9/2/2005 b [C(Y Letter to the Editor: On behalf of the School Committee and the Superintendent, I would like to correct a misrepresentation of the Town of Reading Department of Public Works (DPW) that recently appeared in the Chronicle. Over the past 6-8 months, the School Department along with the Town Engineering and DPW departments have been working to resolve a significant issue with limited parking at the Wood End School. The result of that collaboration is all GOOD. Working with the Town Engineering and DPW departments enabled us to achieve goals on the site that would not have been achievable within the time frame required. The School Committee and the Superintendent have the utmost respect for Mr. Ted McIntire, Mr. Mike deBrigard, Jr., and Mr. Joe Delaney and their team of people who completed that parking lot project on time and with the highest quality workmanship. The recent article headline reported that the DPW was unable to complete the work and this is simply not accurate. The information that was not presented in the prior coverage is that the design and construction that resulted from the collaboration with Town Engineering and DPW was far better than the early design that the school department was considering of a smaller impervious surfaced lot. Several important goals were accomplished that otherwise would have remained as obstructions to smooth traffic flow on the site and caused the town to incur higher ongoing maintenance expenses. The DPW was able to re- locate the dumpster away from the play area, the turn radius from the Sunset Rock entrance was adjusted to better suit emergency vehicles, a new gate was installed, and the flag pole was installed. The total number of parking spaces at Wood End School increased from 41 to 78. The DPW completed the project on the targeted date of August 16, 2005. There were two areas in which the DPW used outside contractors, fine grading, and sidewalk and curbing. This was done to support the expedited schedule and for cost effectiveness. The School Department's construction project management firm, AB, provided an estimated cost of $49,000 - $60,000 for this project. The estimated grand total cost as of August 11, 2005 was $47,000. While this cost is 57% higher than the aggressive estimate given to the committee in June, the costs have been fully itemized and the committee in mid-August approved additional funds. Though it may be impossible to un-do the damage of the prior headline, I felt it was very important to try. The Town Engineering and DPW departments did an outstanding, first-class job on the Wood End project. Together, we are all the Town of Reading and this project is proof that when we collaborate the results are unmatched. Respectfully, Elaine L. Webb Reading School Committee, Vice-Chairperson far CORPORATE ENVIRONMENTAL ADVISORS, INC. August 24, 2005 Conservation Commission Town of Reading 16 Lowell Street Reading, MA 01867 RE: Phase V Inspection and Monitoring Report Shell branded gasoline station 87 Walkers Brook Drive Reading, Massachusetts RTN 3-2937 To Whom It May Concern: PROUDLY CELEBRATING v 2 v J YFARS L~ OFOurstanding Service 1985 -2005 c r~a spa This letter serves as official notification that a Phase V Inspection and Monitoring Report for the above- referenced site has been filed with the Massachusetts Department of Environmental Protection (MA DEP). Corporate Environmental Advisors, Inc. (CEA) submitted this report to the MA DEP on behalf of Motiva Enterprises LLC. The original report is on file at the MA DEP. A copy of the report has also been included for your files. Please note that the Reading Selectboard also received a copy of the report. If you have any questions or require additional information, please contact the undersigned at 508-835- 8822. Sincerely, CORPORATE ENVIRONMENTAL ADVISORS, INC. Maureen Foley Environmental Scientist I cc: Mr. David Weeks, Shell Oil Products US, Wappingers Falls, NY DEP -Northeast Region, Boston, MA Town of Reading Selectboard, Reading, MA 96 www.cea-inc.com CORPORATE HEADQUARTERS: HARTWELL BUSINESS PART( ®127 HARTWELL STREET ® WEST BOYLSTON, MA 01583 ® PHONE: 508-835-8822 ® FAX: 508-835-8812 Solutions Since 1985 Commonwealth of Massachusetts DEPARTMENT OF MOUSING & COMMUNITY DEVELOPMENT Mitt Romney, Governor ♦ Kerry Healey, Lt. Governor ♦ Jane Wallis Gumble, Director gJ0 August 16, 2005 r.~ John Cullen INa Richard Stuart Maplewood Village Development LLC.c" 5 Middlesex Avenue, Suite 15A Wilmington, MA 01887 u~a 0 Re: Maplewood Village/Reading Local Initiative Program End of Project Accounting Dear Mr. Cullen and Mr. Stuart, I would like to take this opportunity to congratulate you on your successful efforts to develop affordable housing in Reading. We greatly appreciate your willingness to work with DHCD staff as well as with the local community to develop a much-needed resource. As you are aware, M.G.L. Chapter 40B requires any developer using a comprehensive permit to be a limited dividend organization. The Local Initiative Program regulations limit profit to all partners and owners to no more than twenty percent (20%) of the total development cost. The regulations also require that any excess profit be paid to the host community or to DHCD for the purpose of producing additional low or moderate income housing, or, for the purpose of writing down the cost of low or moderate income units upon resale. Now that your project is complete, we wish to remind you that you must submit a certified cost accounting prepared and signed off by your accountant. This accounting is required by program regulations 760 CMR subsection 45.02 and is referenced in paragraph 5 of the regulatory agreement signed by the project sponsor, the Town of Reading, and the Director of DHCD. The purpose of this cost accounting review is to ensure that developmental funds were used in a manner consistent with project approval, and that any excess funds are treated in accordance with the law. Attached you will find a sample format for your end of project cost accounting. The accounting material submitted must include an appraisal of the project site establishing the value of the site under its "highest and best" use under prior by-right zoning, before the comprehensive permit was issued. The value added to a site by a comprehensive permit is not an acceptable project cost. ctc 100 Cambridge Street, Suite 300 www.mass.gov/dhcd Boston, Massachusetts 02114 ' ' 617.573.1100 Allowable expenses for the project may include: 1. Acouisition The value of the site under prior by-right zoning at the time of purchase, or at the time of project approval by DHCD, whichever is later. 2. Hard Costs • All reasonable direct expenses incurred in carrying the site through completion of development. • All reasonable direct expenses incurred in constructing the project. • All reasonable fees and service expenses directly related to constructing the project. 3. Soft Costs • All reasonable direct expenses incurred in constructing and marketing the project (brokerage fees should not be assessed to affordable units without consent of DHCD). • Developer fees consisting of direct administrative expenses incurred during the term of the project development. These expenses may not include: i. Overhead expenses not directly related to development of the project. ii. Salaries or other compensation paid to the project owners, partners, sponsors or organizational principals. iii. Fees to project sponsors who perforin professional services on behalf of the development in excess of reasonable market value for those services. If you have any questions about the project accounting process, please contact Marilyn Contreas at (617) 573-1359. We will be happy to assist you in reviewing these requirements. Thank you for your cooperatio . Sincere Catherin~ Racer Associate Director Cc: Camille Anthony, Chairman, Reading Board of Selectmen 41 CZ SAMPLE LOCAL INITIATIVE PROGRAM End of Project Cost Accounting Total Costs DEVELOPMENT ITEMS: (a) Site Acquisition (lesser of purchase price or appraised value) $ HARD COSTS: (b) Site Preparation $ (c) Landscaping $ (d) Residential Construction $ (e) TOTAL HARD COSTS $ SOFT COSTS: (f) Permits / Surveys $ (g) Architectural $ (h) Engineering $ (i) Legal $ 0) Insurance $ (k).Security. $ (1) Developer's Overhead Expense $ (m)Construction Manager $ (n) Property Manager $ (o) Construction Interest $ (p) Financing / Application Fees $ (q) Utilities $ (r) Maintenance (unsold units) $ (s) Accounting $ (t) Marketing $ (u) TOTAL SOFT COSTS $ (V) Total Development Costs (e+u) $ Sources: (A) Affordable Salels (B) Market Sales (C) Public Grants (D) Total Sales plus Grants (A+B+C) Uses: (E) Total Development Costs (F) Total Profit (D-E) (G) Percentage Profit (F-E) $ $ $ $ Cost Per Unit PROFIT ANALYSIS Should Conform to Information Above $ $ Payment to Related Party? (Y/N) qC3 Office of Representative Brad. Jones House Republican Leader Com"W'nweafth of Massachusetts MEMORANDUM To: Greg Balukonis, Town Administrator, Town of North Reading Peter Hechenbleikner, Town Manager, Town of Reading William Gustus, Town Manager, Town of Lynrafield Ira Singer, Town Manager, Town of Middleton Front. State Representative Brad Jones Date: August 25, 2005 Subject: Massachusetts Smart Growth Conference - September 16, 2005 C rv M ct"`fa The Massachusetts Housing Partnership is hosting the Massachusetts Smart Growth Conference on Friday, September 16, 2005 at the Worcester DCU Center. A copy of a brochure explaining more about the conference, its agenda and registration information is enclosed for your reference. I know several of my towns are interested in exploring smart growth initiatives (Chapter 40R of the General Laws) for local development. To the extent you or staff in your departments might be curious to learn more about the law, how it is being implemented across the state and how it might benefit your community, I highly encourage you to think about sending representatives to attend the conference. Please feel flee to contact me should you have any questions about the conference or about smart growth issues generally. / C-A V`I Ci 0 4r The Massachusetts Smart Growth. Conference ` MORNING WOR"HOPS (10:50 - 12.001 Session A-1c SMART GROWTH 101 The state's redirection of development programs toward smolt growth' has the potential to change the face of the commonwealth ofgpmmun ties we taean for the variety ?This session smart growth, and what does it have in Massachusetts' rural town, commuter suburb and older city. wilt feature a discussion of the commonwealth~ derv to ~tpment Development across the principles with examples taken from projects ram which trovets that assist co tmmunties in implementing Commonwealth. as well as the a number of grant and loan Programs smart growth. Moderator. stepia. B~ingtan. Undersreretory of rornmonweolrh tyevclopmen Speakers: stephen r- smith. Exewdve Dfr=wr . Snauni stem Regional Planning and Emnomic Development DistrYct Assistant for5ustainabte Developmeot Robert F,- Mitelio, Spedot oKtm far CCmmdnwalth Devdopment Tani Coyne liall. A=date Daputyfar Communityftdatl n" Department of liaising and community Dr:velopmeat Session A-2t SPACECRES DENTIAL DESIGN AND TRANSFERR0.FVDEV610PMENT RIGHTS land and allies to this session will outline S roCe gidenU`al Design and Transfer of DeveiopmeM contrntrate growth. Opp space vided, a planning board chair and flights. Examples of their use wilt be prodevetapef will discuss their perspectives, and attendees vritt he provided with handouts and model bylaws. Moderator. Auden Caaper, Srnatt Growth Cpa offs r Coasbt Tone Mana9tmenttExecutive Office of Fnvisanmmtai Affairs Speakers: Tsm pv j tna, Planning tkord Sown of tpstvich Jeff,y Rhoda, AWwydansManager SylamAssooate' girt Gaestnv, Dimctor of 5ustainobie Devetapn¢nt E n,wil" offt¢of Envimumental Affahs Session A-3 SMART GROWTH FOR THE EASY BOOM GENERATION - COMMUHITY LIVING aching demographic bulge of it has been called a tidal wave, .the fast approaching represented by the nab OupDW f reach age 60 in less than three y ars, The oldest members ofthis g P will impact nearly every aspect of age 65 in less than eight years. Their rt L on, service delivery. housing and our common life: health care, transpo quality of life. This session will feature a discussion by Secretary Jennifer Davis Carey from the Executive Office of Elder Affairs and will focus on the housing needs of the 7 where should it baby boom generation. What kind Of housing wwil bshare some of the examples be built? Mere can it be built? The 5m Place Conference, held this past may, the Governor's Aging In in the that came out of addition to the Secretary. speakers will include others with expertise field of aging and housing. Speaker: . tairer Davis Carey, Secretary Exaeudve Dffia of Elder Affairs Sessiun A-4t ' ENCOURAGING SMART GROWTH-CONSISTENT REDEVELOPME WITH LOCAL REGULATORY AND FINANCING TOOibraLSnt and retain and Economic growth ensures that cities and tons remain v sustainable development practices.Th This session grow their tax bile. it is important for municipalities to utilize available financial and regulatory tools to encourage elds Tax RedevelopmentinclementAssistance, will cover state tools, including Brownfi District financing to Improvement Financing. and Urban Centerre Housing- growth and encourage help communities attract needed, and mo sustainable, private investment. Moderator: David Wt's, Direcmr o(Bmwnfietus and EnvironmenmtJasnce Exemdve Office of ewkonmentaI Affatm and k Speakers. ofEanamfe Devdapmrnt/Dircctaraf Bus ness thntilogy Renee M. Fry. Undersecrcrory Department of Basiness and Techna{ogy Clint- finnemn, flcyianat pnonner Department of Environmental 4atecdon Sohn Pitzgcrald. Urbon Deveiopmenr Cob noon and ent pcpartmen[ of Rauvn9 Cammonin Bill Wight Citafmmn, tndusviai DeveioPment Commission, Town of Medway and Ptesidenr, RENO Executive Why 1 lilt :9aswGanse16 Smart iroxtlt Canfcrui r 2 septemnr D. 2;;05 The Massatiiwctts Smart ptn--- 52065 ` 1 AFTERNOON WORKSHOPS 0-210 - 2:50) Session A-5: DOWNTOWN: A PIVOTAL PIECE IN A COMMUNITY'S SMART GROWTH STRATEGY A strong and vital downtown is a key component to a community's smart, growth effort It takes vision, changes to zoning, identifying potential uses and creating an environment to make it happen. Workshop attendees will hear from 3 communities an the process they wept through to position their centers for successful smart growth development Moderator: Emmy Hahn, Massachusetts Downtown Initiative CoonBnator Department of Housing and Community Development Speakers: Deanna Ruffin Directorof the Office of Community Development Cltyof Pittsfield ft.] Nied-leeki, Assistant To- Manager Town of Barnstable Cynthia Cole, Director Hyannis Main Street Business Improvement District Lisa Wong, Director Fitchburg RedevelopmentAudanity Session A-6: DOES TRANSIT ORIENTED DEVELOPMENT (TOD) MARES SENSE IN THE CURRENT REAL ESTATE MARKET? TOD is touted for its innovative and creative mix of uses and multiple benefits, but does it always make sense? What local economic conditions, governmental support, and community buy-in are required for a TOD development? What are some local experiences? Moderator: Tad Read, TOD Planning Monager Office for Commonwealth DevdopmeatlMBTA Speakers: Pamda S. McKinney, Principal Byme McKinney Et AssocisteS Inc David spin-., Directorof Urban Planning Et Design Goody, Clancy & Associates (invited) Ted Tye. Managing Partner National Development . The t:TssactmiEtts Smart u"ro ilh Canferettce 3 September 16, 2005 Session B-1: SELLING SMART GROWTH This panel will focus on successful strategics for winning approval of smart growth zoning changes at the local level either through town meetings or thmugh' city government. Using examples of successful attempts across the Commonwealth, panelists will discuss how to use visual, economic, and health- related rationale to secure zoning changes. Moderator: Robert Garrity, Director ofGovernmenrol Affairs Office for Commonwealth Development Speakers: Robert Foster, Esq. Planning B-d Chairman Town of Natick Joyce Moss, Economic Development Dimctar Town of Westwood The Honorable William Phelan, Mayor City of Quincy Session B-2: BUILD IT SMART - GREEN DESIGN: MAXIMIZING SITE LOCATION/DESIGN & RESOURCES Green design of buildings use resources like energy, water, materials, and land much more efficiently than typical building practices. Also, they are designed and operated to create healthier and more productive work, learning and living environments. This session's panel will discuss real world site location and design experiences, their cost-effectiveness and the availability of the various resources to assist in completing projects. Mudcrattlr:. Robert J. Halpin, President/CEO Merrimack Valley Economic Development Council Speakers: , Ray Johnson, Manager for Design and Construction MassHousing Kimberly A. Vermeer, Principal - Urban Habitat hridatives David Hall Hall and Maslow Development, Nawburypott 4 I the taisarY,airtl Satan Grosvrb Gmfcrroce September 15,:005 Session 8-3: WATER - MEETING FUTURE DEMAND Water is a crucial resource and it is incumbent upon us to ensure that we have water of sufficient quantity and good quality for our current and future needs. This session will address those topics that relate to meeting these increased demands through proactive planning. These include water efficiency and conservation, infrastructure maintenance, water reuse and recharge, stormwater mitigation, and outdoor water use. The speakers will provide an overview of state policies and efforts, planning at the town level, and specific municipal case studies. Moderator. Vaadarta ttao, Assritan[Qimctor ofWa[erPolicy Eucuuve Office of Environmental Affairs Speakers: Kathy Barkto, Director of water oaacy Executive Office of Environmental Affairs Robert Zimmerman j r, P.aewdvc Director Marks River Watershed Assochtkm 'Anne Capra, Sc dorPtanner pi...' Valley Planning Commssfon Scott Horsley, CEO Horsley Witten Group Robert Hoffman, Public Work; Sup doo ndent Town of Middleton Session B-4: RURAL SMART GROWTH True smart growth is context-sensitive, varying widely depending upon the community in which it is practiced. Strategies designed for urban or suburban communities are not necessarily those that would work for rural communities. Panelists will discuss methods for rural communities to best address growth pressures and strategies to retain the rural character so important to life in Massachusetts. Moderator: Robert P. Mitchell, Spedo1Asris&mt rarSustoino,te Development Office for Commonwealth Development Speakers: 6knn Garbed Director University of Massorhusens Center for Row Massachusetts tarty Mccarmiek. 6,m ml Counsel Mass'aeh-Us ONW-0 ofAgrieulonal Resources Nat Kama, Exenitim Direct,, BaW ire Regional Planning c,muission A__z The Massaellusetis Smart Growth curtfcrencc Sptember iG, 20051 s Session a-5: CHAPTER 40R - A SMART WAY TO GROW Chapter 40R, The Smart Growth Zoning Act was signed into law in June of 2004. The statute offers an exciting new planning tool and cash incentives for communities that adopt Zoning overlay districts that allow high density residential and mixed-use development in town centers, near transit and other suitable locations. Learn about the opportunities afforded by the statute, hear an overview of the key elements and how to adopt, a district, and see how good design can enhance the attractiveness and livability of a community. Moderator: 5-h young, Deputy Dimctor for Poky ocPanmcm of HourM9 and Community Development Speakers: Oon 5 hmidt, Principal Planner Department of Housing and Community Oevelopmort Diane Georgopulos, Architect NbesHousing (Lou' Representative, to be determined I Session B-B LOCATION, LOCATION, LOCATION: BUILDING SMART Building workforce housing near major transit is one of the best ways to get commuters out of their cars. Massachusetts developers are successfully devel- oping affordable housing projects near major transit in Haverhill, New Bedford and Cambridge. Invited developers from Beacon Residential Properties and HailKeen and an architect from Mostue and Associates will discuss this emerg- ing trend in affordable housing. Moderator: Fred Habib, Deputy Director Department of Hauling and Conunwdty Devdapmem Speakers: Howard Cohen, President BMW Residential Properdes _ Walnut street, Haverhill Andy Burnes, President(CEO H211Keen Coffin Loft New Bedford Ross Speer, Architect Mostue Et Associates trolley Square Cambridge (invited) 61 The bite inchusttri Smart Growth conference Septentispr 7G, 2005 FINAL SESSION (3.00 - 4.00) General Information and Directions Session C-1: FROM LOGAN AIRPORT (BOSTON, MA): SMART GROWTH - STATE AGENCY PERSPECTIVES Take the Sumner.Tunnel to Rt. 93 5, to Rt. 90 W (the Mass Turnpike West). Get off This panel of seasoned smart growth experts will discuss important polity at Exit 10 (Auburn). After the tollbooth, bear left at the fork. Take Rt 290 E. Get issues facing the state agencies as well as the newest funding sources and off at Exit 16. Take a left at the bottom of the ramp (there is a light). At the 3rd programs available to support smart growth development set of lights (Worcester Center Blvd.), Worcester's DCU Center (formerly Centrum Centre) is on your Ieft.Parking garage is on your right before the set of lights. Moderator: Douglas L troy, secretary FROM BOSTON, MA: Office for Commonwealth Development - Take Rt. 90 W (the Mass Turnpike West) to Exit 10 (Auburn). After the tollbooth, Speakers: bear left at the fork. Take Rt. 290 E. Get off at Exit 16. Take a_ left at the bottom of John Cogliano, secretary the ramp (there is a light). At the 3rd set of lights (Worcester Center Blvd.), DCU Executive Office ofTmnsporouon Center is on your left. Parking garage is on your right before the set of lights. Robert Culvee President and Chief Executive Officer FROM CAPE COD: M.SweveloPmcnt Take Rt 495 N. Get off at Exit 25B. Take Rt 290 W. Get off at Exit 16. Take a right Thomas Gleason, Executive Director at the end of ramp. At the 3rd set of lights (Worcester Center Blvd.), DCU Center is L1aaH° ° "g on your left Parking garage is on your right before the set of lights. Jane Wal is Gumble, Director Dgmrtmmt of Housing and Community Development FROM LOWELiJLAWRENCEiHAVERHILL, MA: Take Rt 495 S. Get off at Exit 256. Take Rt. 290 W. Get off at Exit 16. Take a right Roger Herzog, Affordable Housing Manager at the end of the ramp. At the 3rd set of lights (Worcester Center Blvd.), DCU CEDAC Center is on.your left Parking garage is on your right before,the set of lights. Stephen Pritchard, Secremry - Executive Office of Environmental Affairs FROM SPRINGFIELD AND WESTERN MASS: Take Rt. 90 E(Mass Turnpike East) to Rt. 290 E. Get off at Exit 16. Take a left at the auk Ziegler. Executive Director end of the ramp. At the 3rd set of lights (Worcester Center Blvd.). DCU Center is on Massachusetts Housing Partnership your left Parking garage is on your right before, the set of lights. ' The Massa"hosktis Smart Gr[wah Conference ( 7 _ $ the masndmf ells Smart (in-11, C•mfer tme September 16, 2005 - I September t6, 2005 ctions September 7,205 and send a seporate Regisiratjork insiE t tNE: Wednesday. Please Photocopy *60FAnON f3FAO will be accepted. No telephone registrations for each Person aNendmg• ragisootion farm tandr, and training materials. t3on fa of ~ . i:ncyawt is MY cnnfsrcn mNdu niinental b,eakfasG W d° : S_...-- a f .6'al am &r c . b k w i n be uuf partidpan tte chcrY(sl Paya Nd1P h o ~~mcat.by d,cdu easc ma but fai6 to attend the conference or w wily nut be granted to anWne who relit" 3s fgFmd P° J fads SePw"bu 911* n . . W.Y. afW "ati . form by m7n rµA 02110 . this re9 FIOK "am µadµ11P.150fgteratStreet ation info m . j fan m: {6171330.1919 rxr 246 fur mo a at J6171330-994' MR? can P.net 'ho rma0:" SjRAYlt1N FORM ear on the name badge. P REGV formotion, as it should oP i n Provide ellob Nam Orgonization(Company mailing Address Zip i state city t E r x . Telephone 1 E , r Email ' -T( help us 'i 130--2'• -0M You plan to attend. wil 1zlo0 Pm and SESSION RECat5TR N i t" below the breakout sess s swi6 run from ' ` ca nd Bmakout workshop ient seating, Please indicate S provide suffic !<FTERNOON SESSION 2:50 Pmt ONS [130- y SESSI MORNING -12:00 PmV B-1: v N ~ - 0 am : - 3 m ti--sash . : A- S Growth Forum:- ds Smart y a ~ ~ i - Hea Ubinetf9enC1 o y ~ LUNCHEON 112:15 Pmt t will not attend the luncheon. x o D ilt attend the luncheon. ' Yes, t w L / C&j Month July August September October November December January February March April May June Subtotal Total Monthlv, Hours Allocated 76.7 76.7 76.7 76.7 76.7 76.7 460.2 TRACKING OF LEGAL SERVICES - FY 2006 Monthly Hours Monthlv Hours C umulative Available Monthlv Monthlv Cumulative Hours Used vs Remainder 1 $ Cost Used Allocated of 1/2 vear Allocated Used 28.2 (48.50) (48.50) 432 $10,350 $3,525 $3,525 (76.70) (125.20) 432 $10,350 $3,525 (76.70) (201.90) 432 $10,350 $3,525 (76.70) (278.60) 432 $10,350 $3,525 (76.70) (355.30) 432 $10,350 $3,525 (76.70) (432.00) 432 $10,350 $3,525 28.2 $62,100 $3,525 76.7 (76.70) (508.70) 500 $10,350 76.7 (76.70) (585.40) 500 $10,350 76.7 (76.70) (662.10) 500 $10,350 76.7 (76.70) (738.80) 500 $10,350 76.7 (76.70) (815.50) 500 $10,350 76.7 (76.70) (892.20) 500 $10,350 460.2 0 $62,100 920.4 28.2 -892.2 $124,200 $0 $3,525 $3,525 $3,525 $3,525 $3,525 $3,525 $3,525 I Available Remainder Year $106,725 $106,725 $106,725 $106,725 $106,725 $106,725 $120,675 $120,675 $120,675 $120,675 $120,675 $120,675 M $120,6751 VRIS TOWN OF READING 08/23/2005 L ~ (f G S PPS070-3 Count of Residents By Ward and Precinct Page 1 of 1 Ward No jPrnct No )Active 1Inactive Non-Voter Grand Total 0 01 1819 307 957 3083 02 1572 ( 410 ( 818 2800 03 ( 1599 410 ) 701 2710 04 1786 351 982 ( 3119 05 1555 ( 404 701 ( 2660 06 1723 305 890 2918 07 1665 340 ( 965 2970 08 ( 1686 4 353 ( 994 3033 0 Total I 1 13405 2880 7008 f 23293 Grand Tota 13405 2880 j 7008 23293 (jai" q~i I/ 16 a('s AQUATIC ADVISORY BOARD MEETING MINUTES June 27, 2005 210 AUG 22 R1 1:9 Attendees: Cam Townsend, Ken Holbrook, Dave Witkus, Tom O'Rourke, Mary Ellen O'Neill. Absent: Jason Parry, Jack Downing, Klaus Kubierschky, and Lois Margeson. The meeting was called to order at 6:37 p.m. The meeting minutes from our June meeting were approved 4 to 0 with one change removing the word contractor. Town/YMCA Pool Usaqe Marketina Plan Laurie put information in the paper and YMCA Brochure. Action Item: Have Laurie Run a blurb for Reading summer fun on RCTV. Action Item: Ken, Dave, Laurie will work on jazzing up the Summer Fun Flyer for 2006 with a final draft by February. This item will become a regular agenda item for future meetings. Pool Acoustics Tom passed out a draft of a letter from the board to Pete hoping to reopen the discussions on the pool acoustic problem. It was suggested that Pete be invited to a future AAB meeting. Action Item: Ken will have a final draft on the pool acoustics letter at the August meeting. Swim team Updates RMH- will have one more year with the co-op league. Middlesex will not continue with the league, they are not happy with the program. Lynnfield will flip flop their name to do the Cape Anne League. Phil wants to keep it the way it is. Burbank-Finished regional meets, championships and pre-championships. A new US Officials Clinic will benefit the YMCA with 15 parents attending and two participants from outside of the team. Ct&1 Other Business Kindergarten Vouchers- Dave will e-mail out to board members for review. Dave will also Contact Swim teams for fall schedules and swim meet dates. The board agreed that a copy of the meeting minutes should be sent to Peter Hechenbleikner. Added to Agenda Mary Ellen requested that we talk about lifeguard procedures as part of our meeting. Mary Ellen asked what the expectations were for lifeguards and reported that the lifeguards on duty during a weekend visit were standing back to back and one of them was drinking a Dunkin Donuts coffee. Two children that were with Mary Ellen were not required to take the swim test before entering the deep end of the pool. Dave went over the lifeguard expectation's and policies with the board-and said that he would look into the situation to make sure these problems were addressed. The Board agreed not to meet in July and that the next meeting will be held Monday August 22, 2005 6:30 - 7:30 p.m. (qGZ L. Ig I/ Hechenblefter, Peter From: priscilla.gottwald@rmld.com Sent: Tuesday, August 30, 2005 5:26 PM To: Town Manager Subject: [BULK] Re: Energy assistance from Keyspan Importance: Low FYI Forwarded by Priscilla Gottwald/RMLD on 08/30/2005 05:22 PM Priscilla Gottwald 08/30/2005 05:19 PM To: pschettini@reading.kl2.ma.us @ INTERNET cc: Subject: Re: Energy assistance from Keyspan Great. Thanks for the quick reply. Priscilla pschettini@reading.kl2.ma.us on 08/30/2005 05:09:53 PM To: Priscilla Gottwald@RMLD cc: Subject: Re: Energy assistance from Keyspan Thanks for the info. I am going to forward this info to Don Johnson our assistant director of facilities. Patrick A. Schettini, Jr., J.D. Superintendent Reading Public Schools 82 Oakland Road Reading, MA 01867 (781) 944-5800 Fax: (781) 942-9149 E-Mail: Pschettini@reading.kl2.ma.us Original Message From: <priscilla.gottwald@rmld.com> To: <pschettini@reading.kl2.ma.us> Cc: <cbeebe@keyspanenergy.com>; <townmanager@ci.reading.ma.us>; <vincent.cameron@rmld.com>; <beth-ellen.antonio@rmld.com>; <michele.benson@rmld.com> Sent: Tuesday, August 30, 2005 4:48 PM Subject: Energy assistance from Keyspan >I attended a seminar on energy efficiency sponsored by Congressman John >Tierney at the Sylvania Plant in Danvers this morning. > Among the attendees was Christopher Beebe, a program engineer for > commercial and industrial customers at KeySpan. Chris works with > customers on energy management and would like to share information with > you about rebates or discounts up to $100,000 in connection with heating, > insulation and energy efficiency in the construction and renovations at > Reading Memorial High School. > I should mention that Chris is a 1998 graduate of RMHS and his mother is a > librarian there. 1 > If Chris should speak with someone other than you about the > rebates/discounts, please let me know. > Chris's contact info is: > email: cbeebe@keyspanenergy.com > phone: 781-466-5327 > fax: 781-890-7935 > KeySpan Engergy Delivery > 52 Second Avenue > Waltham, MA 02451 > Good luck. > Priscilla Gottwald > Community Relations Manager > Reading Municipal Light Department > 78-942-6419 9h Z 2 tr l.J Hechenbleikner, Peter From: Frey, Bob (MHD) [Bob.Frey@state.ma.us] Sent: Friday, August 19, 2005 4:40 PM To: Corey, John; Marquis, Rick; Schubert, Rick; Anthony, Camille; Barnes, Jonathan; Bruen, Darlene; Casey, Paul; Clarke, Dennis; 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: 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; Lindstrom, Mike; Lucas, Barbara; Lutz, Elaine; McKinnon, Anne; Mcvann, John; Miller, Kenneth; O'Rourke, Carmen; Purdy, Jim; Reilly, Chris; Schwartz, Bill; Stein, Kathy; Tafoya, Ben; Van Magness, Frederick; Wood, Gail Subject: 1-93/1-95 ITF update K DSC CSC 2005 07-19.doc Hello Task Force Members: I hope you are all enjoying the summer. Our last subcommittee meeting was held on July 19th. The summary is attached: «DSC CSC 2005 07-19.doc>> As an outcome of this meeting, the focus of our current analyses has now shifted more to congestion issues (as opposed to safety). Some of you had stated a preference to address additional safety concerns in the subcommittees rather than the full task force, and you can see from the meeting summary that this is what we did. If any of you are interested in obtaining more detail on safety issues, two additional documents can now be found on the study website (go to Documents\Plans and Studies\Response to.. ) Here's a brief update on our tasks over the summer: Planning, LBG, CTPS, and the subcommittees continue to work on: vehicle microsimulation, expanded speed data along 128 for the larger regional area, initial TDM options (especially as they relate to Anderson RTC), and additional analysis of the 2003 crash data. The subcommittee(s) will tentatively meet again in September once we've completed these tasks to the point that we have additional materials to review and discuss. We will review the results of these activities at the next task force meeting, tentatively scheduled for September 28th. Enjoy the rest of the summer ! Thanks, - Bob Bob Frey 1 I-93/1-95 Interchange Transportation Study Combined Data Subcommittee / Congestion Subcommittee Meeting Tuesday, July 19, 2005 11:00 AM Woburn City Hall Woburn, Massachusetts Attendance Subcommittee Members: Jay Corey Woburn City Engineer Jeff Everson PRESERVE Jim Gallagher Metropolitan Area Planning Council (MAPC) George Katsoufis Reading Citizen Anthony Kennedy Stoneham Selectman Ed Tarallo Woburn Planning Director Bill Webster THAG EOT/MassHighway staff: Bob Frey Manager of Statewide Planning, Study Project Manager Adriel Edwards Planning Consultant team: Anne McKinnon Sudhir Murthy Jim Purdy Keri Pyke Tom Stokes Howard/Stein-Hudson Traflnfo Louis Berger Group (Project Manager) Louis Berger Group (Traffic) Howard/Stein-Hudson MeetinLy Summarv Welcome and Introductions Bob Frey welcomed everyone to the combined meeting of the Data and Congestion Subcommittees and thanked Woburn for hosting. Bob reviewed the agenda, saying the first part of the meeting would concentrate on Data Subcommittee issues and the second part of the meeting would cover the progress being made with the congestion analysis. The agenda would be as follows: 1. Responses to Jeff Everson's correspondence. 2. Presentation of the 2003 crash locations and comparison to the 2002 crash locations. 3. 2004 Travel time run congestion data and comparison to 1994. 4. Progress with the microsimulation model. Office of Transportation Planning Page 1 of 8 Printed: 8/19/2005 ;3 I-9311-95 ITF Data and Congestion Subcommittee Meeting of July 19, 2005 Discussion of Jeff Everson's Corresaondence Bob Frey distributed copies of Responses to Jeff Everson's 6-06-05 Comments and Responses to Jeff Everson's 6-09-05 "Sellins Solutions" Document. Bob confirmed that all subcommittee members had reviewed these documents prior to the meeting. As discussed at the June 22nd ITF meeting, each of Jeff's questions and concerns about the safety data were to be addressed point by point with subcommittee members. Task Force members suggested the subcommittee resolve any remaining issues so that other areas of interest such as congestion and economic impacts could be more fully examined. Bob began with the status of the Office of Inspector General (OIG) inquiry (initiated by Jeff). Bob explained that MassHighway provided FHWA with a variety of information on the study, all of which was summarized in the two safety documents, which had been shared with Task Force members prior to the June 22nd meeting. FHWA, in turn, reported their assessment to the OIG. Bob emphasized that FHWA continues to support the study as they have in the past and MassHighway has no reason to believe that the OIG will find any fault with the process. Therefore, MassHighway will continue with the study until and unless they learn otherwise. Regarding Jeff's final comment on FHWA's role in the inquiry versus OIG's role, Bob explained that FHWA was directed by the OIG to gather the information. Jeff explained that he felt our response implied that FHWA has the ability to act on behalf of the OIG. He asserted FHWA has no legal authority to do that. Bob replied that FHWA merely gathered the information at the request of the OIG and the response was not meant to imply that FHWA has the same legal jurisdiction as the OIG. Bob asked if anyone had any questions on this point. There were none. Regarding Jeff's second point on the validity of the new data, Bob expressed confidence in the new data and reasserted the validity of the old data for general observations. He explained that manual examination of the 2002 and 2003 crash reports provides the greatest level of scrutiny possible. Jeff said his issue is that the improvements of the new Vehicle Crash Reporting System have not been substantiated or proven. Jeff directly asked if more information is being gathered with the new forms, and if it is more accurate information. Bob explained that the new forms have all the needed information - if they are filled out properly - which depends on the police officers and operators at the scene of the crash. Jeff acknowledged those limitations but requested a formal safety audit like the one that was done in 2001. Bob informed attendees that the safety audit - a federal requirement - is repeated periodically and coordinated by the Governor's Highway Safety Bureau. Jeff asked if all the agencies would be involved again. Bob replied yes, since all those agencies are involved in the collection and processing of crash data. Jim Gallagher raised the issue of the "restoration" process, discussed in items three and four in the documents referenced above. Bob cautioned against using the term "restoration" recently coined by Jeff. Bob explained that Neil Boudreau, Assistant State Traffic Engineer, who is heavily involved in the crash data collection process, said "cleaning" would be a more accurate way to describe the work done on the raw data. Bob added that the process has improved in recent years, and continues to improve. Jeff Everson spoke about the raw data he had received during the previous study and said he was cautioned against using it because of the number of missing fields. He said that based on the raw data, it appeared to him that an accident could not be attributed to the study area with any degree of certainty. He asked how the data is cleaned. Bob replied that even with some missing fields, an incomplete crash record has value because it Office of Transportation Planning Page 2 of 8 Printed: 8/19/2005 I-93/1-95 ITF Data and Congestion Subcommittee Meeting of July 19, 2005 indicates that an accident did occur and gives some general information. To describe the cleaning process, Bob gave the example of street names, saying that people refer to the same street with different names. The cleaning process assigns a consistent name to a given street so that the program can more accurately count the number of crashes occurring at a given intersection. Bob said that for these reasons and others, summary statistics and the Top 1,000 Crash Location List are not released until the cleaning process is complete. That is why cautionary statements accompanied the raw data shared with Jeff during the last study. Jeff indicated that the meaning of the cautionary statement was not made clear to him at that time. He asked if 1997-1999 data was subject to a cleaning process. Adriel Edwards responded in the affirmative, reiterating that the cleaning activities are a standard part of the process. Bob recalled the ground rules and requested that Jeff concentrate on the current study. George Katsoufis asked if the Accident Modification Factors could be used for analysis on the arterial streets of the three communities surrounding the interchange. Bob said when the method is adapted to urban settings, then yes. However, he added, the method is a work in progress and it will not be suitable for urban arterials or highways in the immediate future. Bob then asked if there were any more questions or comments on the responses to Jeff's concerns. No questions were raised, so Bob asked Jeff if he would bring these issues up again, citing the sentiment of many Task Force members to move on after the issues were addressed. Jeff responded that he was still not satisfied with our responses, which he felt were not properly referenced or substantiated. He indicated that he would bring the issues up again because he is trained as a physicist'and feels the need for hard numbers. Jay Corey listed various safety data and facts obtained through the study process and asked Jeff what we would gain from even more information and 100% reporting. Jeff expressed his concern that without enough information, our predictions of applied countermeasures will fail short. He asserted that we would not be able to define with certainty the cost-benefit ratio for the proposed improvements. Jay disagreed, saying around the United States similar methods to ours are used to develop alternatives. Bob recalled a similar discussion held in December 2004 when Bill Schwartz asked Jeff what he would propose we do. Bob stressed we are doing the most we can with the information available and as more information becomes available, we are examining that as well. Bob said his impression was that most people felt our methods to date have been reasonable and acceptable. Jim Purdy characterized the discussion as a fundamental difference in approach to the study. One is a planning approach and the other is strictly a research approach. Jim asked Jeff, "If we could quantify countermeasures, what would it tell us for congestion?" Jim explained that in an evaluation matrix, all types of criteria are ultimately ranked separately, despite some of them being functionally related (like safety and congestion). Then alternatives are chosen based upon how well they do with regard to all the criteria combined. Therefore, quantifying counter- measures is not entirely consistent with the planning approach because the values assigned to the criteria are not reduced to a single number or series of numbers. George agreed that the "planning language" (as opposed to the engineering language) would govern the study. He expressed optimism that progress would be made once we start to look at congestion and safety together. Jeff said that a proposed solution in the previous study had been a multi-level flyover. He said if this solution were implemented, traffic flow would improve, leading to increased speeds. Jeff contended that one type of accident would be replaced by another. Jeff added that 9 1~ 1 Office of Transportation Planning Page 3 of 8 Printed: 8/19/2005 I-93/1-95 ITF Data and Congestion Subcommittee Meeting of July 19, 2005 increasing the flow in the vicinity of the interchange would only move the bottleneck to another location. Bob said that in any congested environment, spot improvements are necessary to remove bottlenecks (which benefit both individual locations and overall mobility systemwide). By Jeff's argument, Bob countered, we would never implement improvements anywhere because of widespread general congestion. Jeff said that the main thrust of LBG's proposal were flyovers. Jim Purdy said a flyover option was illustrated in the proposal, but stressed that it was not the main thrust of the proposal. Bill Webster said justification of any improvements would be all-important. Bob and Jim Purdy agreed. Bob wrapped up the discussion saying although it is unfortunate that Jeff is not satisfied with the responses to his concerns, the purpose of the discussion was to address each of them point by point as best we could. Since that was accomplished, Bob invited the group to discuss the next agenda item. New Crash Plots Bob introduced the new crash plots saying that as requested at the previous subcommittee meeting, the newly released 2003 crash data is being analyzed for comparison to the 2002 crash data. All relevant 2003 reports were obtained from the RMV and examined manually in order to pinpoint the crash locations, when possible. This is the same work that was done with 2002 data by LBG in December that resulted in the crash plots, showing a pattern of accidents.roughly corresponding to the geometric deficiencies of the interchange. In order to save money, work for 2003 is being done by the Planning office internally. Bob said that for 2002, 191 reports were requested from the RMV, 183 reports were found at the RMV, and 140 crashes were plotted in GIS. For 2003, 308 reports were requested from the RMV, 294 reports were found at the RMV, and 156 crashes were plotted in GIS. Bob explained that there were many more 2003 reports requested from the RMV than 2002 reports because some nearby intersections were initially included. The difference between the number of reports requested and found is mostly due to the filing of duplicate reports and incorrect data entry by the RMV, not necessarily missing reports. Keri Pyke showed both the 2002 and 2003 crash plots, which displayed many similar patterns, but also some differences. Bill Webster asked if the reports cited the cause of the accidents. Bob replied that the reports do have the causes, but that those plots have not been created yet. He expressed confidence they would be ready for the next meeting. Jim Purdy showed the other plots of 2002 data - by peak versus off-peak period, by cause, and by type. Bob said Planning would provide these same plots for the 2003 data. Bob then discussed how detailed the accident forms are, and explained the challenge in getting all the information needed in a consistent format. Jeff asked if the police officers were trained to use the forms. Bob said they were trained and as they gain experience with them, the results will get better. Jim Purdy made some comparisons between the 2002 and 2003 data. He pointed out the ovals, which encircled clusters of accidents, highlighting problem areas. He listed the locations which are problem areas in both years: the weaving area on Route 128 between the loop ramps, the Mishawum Road on- and off- ramps on Route 128, the entrance to the slip ramp from Route 128 NB to I-93 SB, the entrance to the slip ramp from I-93 SB to Route 128 SB, and the area on I-93 immediately south of Route 128 - on both the northbound and southbound sides - where significant jockeying for position takes place. Jim also noted some differences, namely that in 2003 there appear to be more accidents on I-93 in general, but less accidents at the entrance to Route 128 SB from I-93 SB. Jim also noted that not many accidents occur on the loop ramps themselves, but instead seem to be concentrated in areas where motorists need to make sudden changes. Sudhir suggested that Office of Transportation Planning Page 4 of 8 Printed: 8/19/2005 0 I-93/1-95 ITF Data and Congestion Subcommittee Meeting of July 19, 2005 the recently completed improvements on Route 3 might be influencing traffic patterns at this interchange, increasing the volumes on some of the ramps. Whereas previously some travelers may have chosen to stay on I-93 for northern destinations, they may now be using the interchange to switch to Route 128 from where they can go to Route 3 for points north. Now that Route 3 has more capacity, the I-93/I-95 interchange may be experiencing more stress as travelers use the interchange to head in that direction. Ed Tarallo said it might be useful to display all the points from 2002 and 2003 combined on the same graph. Keri Pyke suggested that the opening of the Commerce Way exit on I-93 at the end of 2001 might have had a delayed effect on the interchange, slowly changing the pattern of accidents, as people learned of it. In particular, she felt it might explain why there are fewer accidents in 2003 at the entrance to Route 128 SB from I-93 SB. Bob agreed, saying that our colleagues at the Central Transportation Planning Staff (CTPS) had the same theory. Sudhir said that the 2004 peak hour turning movements in the area confirm that more people are using the Commerce Way exit on I- 93. Keri added that there are also more accidents in 2003 than in 2002 at the top of the slip ramp of I-93 SB to Route 128 SB. Bob Frey said the team is not done analyzing the plots, but wanted to show the progress made to date. He asked if there were any further questions. Jay Corey asked about fatalities. Bob said that there were two in 2003 but none in 2002. He added that Planning needs to confirm this, but it appears as if there were more injuries in 2003 than in 2002. Based on some preliminary calculations, approximately 38% of the 2003 accidents resulted in injury, which is twice the amount in 2002. However, this is based on the number of locatable accidents. If the number of accidents which occurred in the study area but whose location could not be pinpointed is also included, the difference between 2002 and 2003 may be less. George said it is important to look at those other crash reports for which we cannot pinpoint the location because those reports may provide us with other useful information. Bob agreed. Tony requested that the other charts - which depict the accidents by peak versus non- peak time period and cause of crashes - also be produced. Bob assured him they would be. Speed Data Slides LBG presented the speed data slides, which built on the work done previously by George Katsoufis. Jim Purdy said LBG has compiled the 2004 data from the travel time runs performed by CTPS during October to December, similarly to what George did for the 1994 and 1999 data. LBG changed the colors to a scheme consistent with other graphics so that dark green represents the fastest speeds (56+ mph), light green represents 46 - 55 mph, yellow represents 36 - 45 mph, orange represents 26 - 35 mph, dark red represents 16 - 25 mph and dark purple represents the slowest speeds from zero to 15 mph. Comparing the 1994 to the 2004 results, representing a ten-year difference, it was noted that in the morning at 7:OOAM, conditions have worsened on Route 128 SB and I-93 SB. Slower speeds now extend on I-93 SB north of the interchange, whereas in 1994, the first slowdown on I-93 SB was at Montvale Avenue. Jim Purdy explained that with the opening of the new Central Artery tunnel and Charles River crossing, entry to the city is easier, increasing volumes on I-93, but that the interchange is still a significant bottleneck, even for through-traffic on I-93. At 7:30AM, the colors indicate slower speeds on both highways, especially in the weave segments. George Katsoufis hypothesized that the orange color on Route 128 SB in the weave area between the loop ramps was due to the problems on I-93 and the difficulty that people have entering I-93 Office of Transportation Planning Page 5 of 8 ~i Printed: 8/19/2005 I-93/1-95 ITF Data and Congestion Subcommittee Meeting of July 19, 2005 from Route 128. Ed Tarallo asked that the speed data be overlaid with the traffic volumes to paint a more complete picture. He said he expects there to be a strong correlation between volumes and speeds. Keri said the micro simulation might show Ed what he is looking for. At 8:00 AM, although colors indicate slower speeds in both years than at 7:30AM, the speeds on I- 93 are slower in 2004 than in 1994. On 128 southbound, speeds at 8AM are faster in 2004 through Reading and the southbound 128 weave sections. George hypothesized that by 2004 more traffic cut through Reading. He said Reading has traffic counts to support this. Jim Purdy suggested that with the opening of the Anderson Regional Transportation Center and the associated ramps to Commerce Way on I-93, less weaving needs to take place on Route 128. Travelers on Route 128 SB may exit to I-93 NB to get to Commerce Way and travelers on I-93 SB exit before they get to the interchange. These same travelers previously had to negotiate the short weave area on Route 128 to make it to the Mishawum Road ramps on Route 128 in order to get to Commerce Way, which contributed to congestion and reduced speeds in the weave sections and upstream. Jim Gallagher asked for confirmation that the graphics represent mainline speeds only (of traffic traveling in the left-most lanes). Keri and Jim Purdy confirmed this saying the graphics are not intended to reflect the delays occurring in the merge and weave areas. Jim Gallagher also asked about how many runs were performed to achieve these results. Bob Frey replied that CTPS staff had indicated that they did enough runs for 95% confidence that the results are within 3 miles per hour of the average displayed. This was the case for every segment in each half hour period. The subcommittee also examined the differences between the afternoon travel time runs in 1994 and 2004. The effects of the higher volumes, particularly on I-93 from Boston, and the benefits of the Anderson ramps can be seen in the afternoon peak period as well. Tony Kennedy asked the team to describe the travel run: Between what points did the drivers gather speed data? Tony also expressed concern that the speeds represented on the graphics seemed higher than what one experiences as one drives through the interchange. Ed Tarallo echoed this same sentiment, saying he expected to see much more of the slower color bands. He agreed that the Commerce Way ramps to Anderson Station have made a positive impact, but again stressed the importance of examining volumes to confirm what is going on. As George had suggested, Ed considered the possibility that local roads may be carrying more traffic. Bob and the consultant team explained that each travel run on Route 128 went from Route 38 to Route 129, and each travel run on I-93 went from Route 60 to Route 129. Keri noted that 30 mph, indicated with the color orange, is half the speed you wish to travel on a highway, and feels slower when you are driving it than it looks in the graphic. She also reminded subcommittee members that the speed data is intended to display through-traffic speeds. Jim Purdy made the point that the colors represent the average speed over the segment, and that in congested conditions, speeds vary from 15 mph to 40 mph over a short distance. He commented that people usually remember the slowest speed that they traveled. George noted that these fluctuations are what contribute to unsafe driving conditions. George, who travels to and from Boston each day for work, also felt that the queue in the afternoon has shifted south to Stoneham and that by the time he reaches the interchange, traffic has often settled and has begun to smooth out. Because of this, he suggested we concentrate on I-93 and expand the graphic. Ed concurred with this, saying an expanded area analysis will help confirm the degree to which the interchange Office of Transportation Planning Page 6 of 8 0 Printed: 8/19/2005 I-93/1-95 ITF Data and Congestion Subcommittee Meeting of July 19, 2005 is a bottleneck in of itself. Bob informed everyone that CTPS is compiling more travel time run data, and we should have graphics that expand in all directions soon. Jim Gallagher recalled the travel time run graphics that included ramp speeds. He asked if this would be shown again. He was concerned this information would be thrown out. Keri said the information would not be thrown out, but that it was challenging to marry the ramp speeds, which were not averaged, with the mainline speeds, which were averaged. LBG is working with the information to determine the best way to show the interaction between the ramp speeds and the mainline speeds. Ed said we must keep in mind that the ramps are not always the cause of the problems, but that mainline congestion sometimes backs up traffic onto the ramps. Microsimulation Sudhir reviewed the progress being made with the calibration of the microsimulation model. By comparing actual measured traffic volumes and travel speeds to the volumes and speeds output from the model so far, an indication of how well the model represents reality at this point can be ascertained. Most of the mainline segments were within A5% of measured volumes, and the average volumes of all mainline segments combined was within A3% of measured volumes in both the AM and PM, well within the acceptable ranges. Although the margins of errors for ramp volumes were greater, they also are well within standard acceptable ranges, averaging A4% of measured volumes in the AM and A7% in the PM. Ed Tarallo expressed some concern about the larger margins of errors on individual ramps, saying that since alternatives development follows the microsimulation analysis, it is important to be confident in our model results. He added later that we must keep these margins of errors in mind when drawing conclusions, as the variability may influence how alternatives are ranked. Keri acknowledged Ed's concern, but justified the margins of error, and Bob agreed, saying that creating a model with a large number of inputs such as this one is a balancing act. Referencing his own experience with model work, Bob said Sudhir had done a good job. Jim Gallagher asked what if we were to require single digit margins of errors on the ramps. Sudhir replied that this would require specifying some things that are unknown, and may lead to incorrect results in other parts of the model. Sudhir then presented the comparison of measured speeds to model speeds, which deviated greater from each other more than did the volumes. Sudhir agreed that Al 5% would be desirable, and some more work is necessary to achieve this. Sudhir then reviewed the density of vehicles per lane-mile in both the AM peak hour and the PM peak hour, which correlates to level of service (LOS). He explained that this gives us a sense of the level of congestion. Keri elaborated that this includes segments that contain weave areas. Although a couple segments are LOS C during the AM peak hour, most segments are LOS D, E or F during both the AM and PM peak hour. Sudhir then reviewed the modeled speeds by lane. Segments that contain a large differential between the high-speed lanes and the low speeds lanes are considered safety hazards. Many segments have a large differential. Jim Gallagher asked if Sudhir had tried to calibrate this information with the travel time run data presented earlier. Sudhir replied yes. Jim Purdy said that soon Sudhir would have future year volumes for the analysis. George Katsoufis asked if Sudhir could quantify the impact transit currently has on the system and measure impacts from Office of Transportation Planning Page 7 of 8 Printed: 8/19/2005 I-9311-95 ITF Data and Congestion Subcommittee Meeting of July 19, 2005 various other TDM alternatives. Sudhir replied that various TDM alternatives could in fact be worked into the model in two ways. The CTPS model can determine mode split based on an alternative and a non-traditional way to impact the model would be to manually assign numbers to volumes. Tony cautioned the subcommittee to be reasonable when considering the overall effect of transit options. As an example, he indicated that removing 1,000 cars from the highway by shifting to transit may not have a significant impact given that the interchange processes approximately 375,000 vehicles each weekday. Jim Purdy then shared some interesting facts from a Transportation Research Board conference he attended recently: The annual surface transportation system-funding gap is $38 billion a year, just when maintenance is considered. When the need for improvements is also taken into account, the gap grows to $92 billion. According to a former US DOT official giving the presentation, a modest increase in the gas tax would significantly reduce the gap. Other Business Bob indicated that he would like to schedule another subcommittee meeting after a number of tasks are completed, including more work on the microsimulation, the other 2003 crash data plots, and the crash rates disaggregated by year. George suggested that the subcommittee start to develop a timed agenda for the public meeting planned for the fall but not yet scheduled. Bob agreed, saying that the very valuable block of time allocated to the first public meeting must be well planned. Some discussion ensued about the content of the public meetings, their sequence, and timing. Bob explained that the first public meeting introduces the study, outlines goals and objectives, covers existing conditions, perhaps briefly broaches some ideas for solutions, and gathers input. At the second public meeting, most time is spent reviewing alternatives and gathering more input. Tony stressed that we must make it clear at the first public meeting that what is presented is not the conclusion. Bob added that momentum is a key factor with the public as well, and it may be better to plan to have both meetings within a relatively short period of time of each other. George requested that the study's vision be shared with the public. Jim Purdy said this would be accomplished through the goals and objectives. The meeting adjourned at 1:45PM. 91. q Office of Transportation Planning Page 8 of 8 Printed: 8/19/2005 Hechenbleikner, Peter From: Hechenbleikner, Peter Sent: Monday, August 22, 2005 8:28 AM To: 'Will O Finch'; rlongley@comcast.net Cc: Fink, Fran; atmame77@aol.com; jmaughan@ch2m.com; kenney@vernalpool.org; mlwetzel@yahoo.com; mwetzel@dufresne-henry.com; Town Manager; sgoldy@sgoldy.com; vp2@alum.mit.edu; lizhop@gmaii.com; McIntire, Ted Subject: RE: River site visit Reading is doing all that it can, and I must say, more than any other community besides Wilmington, and they have outdoor water restrictions because of well contamination. The survey that DPW just did shows that other communities are on an odd/even basis, but also sprinklers, and that they have even less restrictive hours than Reading did when we allowed sprinklers. I hope that the IRWA will also "get on their case" about this. Pete Hechenbleikner -----Original Message----- From: Will 0 Finch [mailto:willfinch@junc.com] Sent: Saturday, August 20, 2005 9:51 PM To: rlongley@comcast.net Cc: Fink, Fran; atmame77@aol.com; jmaughan@ch2m.com; kenney@vernalpool.org; mlwetzel@yahoo.com; mwetzel@dufresne-henry.com; Town Manager; sgoldy@sgoldy.com; vp2@alum.mit.edu; lizhop@gmail.com Subject: Re: River site visit Kim and I did a walk in the dry riverbed today. The site where it was running backwards is now all dry, or segmented.No flow visible. River is dry at IPO .05. Dave Williams' monitoring site in the Town Forest. It has dropped 1' since Wednesday!! Will C)S 1 1 L, (C Hechenbleikner, Peter From: Hechenbleikner, Peter Sent: Thursday, August 25, 2005 3:00 PM To: Cloonan, Mike; Cormier, Jim; Redmond, Glen; Reilly, Chris Subject: FW: Trucks at Jordan's This appears to be what CPDC has allowed, so it's now 6 am - not earlier, and not on Sunday. Pete -----Original Message----- From: MacDonald, Colleen [mailto:CMacDonald@JORDANS.com] Sent: Thursday, August 25, 2005 1:21 PM To: Town Manager Subject: Trucks The truck will go up the road at 6:00 am Monday Through Saturday as allowed with the special permit; if a second trip is needed it will be at 9:00 am Please let me know if you need anything further.. Colleen Please Note: The information contained in this transmission is confidential information intended for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. qkl 1 Hechenblefter, Peter From: Will O Finch [willfinch@juno.com] Sent: Thursday, August 25, 2005 9:12 PM. To: Fink, Fran; atmame77@aol.com; jmaughan@ch2m.com; kenney@vernalpool.org; mlwetzel@yahoo.com; mwetzel@dufresne-henry.com; Town Manager; sgoldy@sgoldy.com; vp2@alum.mit.edu; lizhop@gmail.com Cc: wanthony@bu.edu; rich.moore@fmr.com; richard-howard@aquaalliance.com Subject: Walk in the river In case you missed the press release, there will be a walk in the dry riverbed on Sat the 27th at 12M. We will meet at Grove and Strout Ave, near the town compost area. I can show you where the river was running backwards, and discuss why it was doing this. It is dry in that area now. Hope to see you there. Will Finch, Cons Com qL► 1 c Ir Hechenblefter, Peter From: willfinch@juno.com Sent: Tuesday, August 30, 2005 12:52 PM To: Reading - Selectmen Subject: Fw: time series photos of Town Forest pool 8-6-05 Town 8-21-05 pool 8-27-05 Town Forest pooUP&M TF & Teradyn Forest pool.jpg Greetings, As you may recall, on Aug 9 I had noticed the river flowing backwards just downstream of well 82-20, with still a fair ammount of depth. By the 17th, there was just a trickle flowing backwards. By the 20th, there was no flow and a nearby pond had dropped a foot. By the 27th, the water table had dropped another couple feet and fish kills were evident in many locations. That was the day we did our walk with Dave Williams and Emily Levin of IRWA. These photos should help with grasping the situation. Will Please note: forwarded message attached Photos taken by Gina Snyder and Suzanne Sullivan. C~ in I 1 L ~c gc~ Town of Reading 16 Lowell Street Reading, MA 01867-2683 CONSERVATION COMMISSION Phone (781) 942-9016 Fag (781) 942-9071 ffink&i.reading.ma.us September 1, 2005 Mr. Nicholas Diranian 15 Timothy Place Reading, MA 01867 RE: Order of Conditions, DEP 270-398, RGB 2003-16 Dear Mr. Diranian: I recently inspected the work site at 15 Timothy Place and found that little progress has been made since our meeting with the contractor on June 8. The shed has been installed next to the pool, and the lower retaining wall has been extended northward just inside the rear lot line. However, the structures located in the street right-of-way have not been removed and replaced, and the disturbed slopes north of the pool have not been graded and planted for stabilization. In their letter of March 21, 2005, the Board of Selectmen ordered the removal of the structures from the right-of-way by June 30, 2005. Thus, work appears to be significantly behind schedule. The most favorable time period for planting is in September. The grading and planting can not take place until the structures are removed. Thus, you should be making arrangements to complete the work around the pool in the next few weeks. (Construction of the deck and stairs can wait until later:) Please call or write when you receive this letter and let me know when work will commence again. Sincerely, ~~nn pr(,t Frances M. Fink Conservation Administrator c: Glen Redmond, Building Inspector Joe Delaney, Town Engineer Ted McIntire, Director of Public Works Bob Keating, Tree Warden Board of Selectmen Joshua Latham, Latham, Latham & Lamond, P.C., 643 Main Street, Reading, MA 01867 L / C";-6-( READING DOWNTOWN STEERING COMMITTEE. Inc. MINUTES OF THE ANNUAL MEETING Tuesday, August 30, 2005 Directors Attending: Pres. Peter Simms Adele Blunt V.P. Kathy Greenfield Ron Boucher Treas. John Crosby Virginia Adams Clerk. Jack Russell Marjory Wentworth Guests: Selectman Camille Anthony, Liaison to the DSC Town Engineer Joe Delaney Town Planner Chris Reilly During a pre-meeting lunch, Jack Russell, who is DSC's representative on the Master Plan Advisory Committee, gave a presentation of MAPC's progress to date as part of their public information and feedback program. A copy of the executive summary of the Master Plan, key recommendations for economic development, and a citizen questionnaire were provided to all attendees. President Simms officially opened the meeting at about 1:00 pm. Treasurer John Crosby presented the financial report. We have $123.94 cash on hand, $2,210.45 in the bank and $1,500.00 pledged for a total of $3,834.36. Directors Kathy Greenfield and Marjory Wentworth, whose terms were expiring, were re-elected for another 3 years to August 2008. Director Mary Slack, who had not indicated her desire to continue serving and was not present, was not re-elected. We thank Mary for her 6 years of service as a director. The current officers of the corporation were re-elected for the next year. Joe Delaney, the Town Engineer, gave a detailed update of the Downtown Streetscape Project, which is scheduled for funding in FY 2006. He expects submittal of the 100% plan in the next few weeks, going out to bid over the winter and construction to start in the spring of 2006. He will keep the DSC advised as to progress and will let us know what the DSC needs to do to aid the project. Chris Reilly, the Town Planner, reviewed some of the other happenings in town including the new Walgreen's which is to be built on the northeast corner of Pleasant and Main. Demolition will commence in early September and construction of the new facility will proceed through the winter and spring. The meeting adjourned around 2:00 pm. Thanks to Kathy Greenfield for arranging lunch and thanks to the Town Engineer and the Town Planner for their valuable participation. John H. Russell, Clerk of the Corporation C /C ~(b August 24, 2005 1M5 AUG 32 PH 0= 19 Aquatics Advisory Board Members 36 Arthur B. Lord Drive Reading, MA 01867 Dear Board Members: This letter is written in response to the August 8, 2005 resignation of Aquatics Advisory Board member Mary Ellen O'Neill. In her resignation letter, Mary Ellen stated that the YMCA did not honor the recommendations made by the Aquatics Advisory Board in regards to the Reading Resident Summer Open Swim Program. As stated in her resignation, she visited the Burbank YMCA on Wednesday July 22, 2005 and noted the following problems: 1) "Despite the understanding by the Aquatics Advisory Board that the open recreation program would open in the afternoons at 2:30p.m. in the large pool with three lanes, only two lanes were open." Response: Three lanes were set aside for open swim at that time; however the Lifeguard on duty did not set the lanes.correctly. This was rectified when Mary Ellen pointed out the error. The YMCAwill need to develop a plan to ensure that the lanes are divided correctly in the future. 2) "A rope placed horizontally across the two lanes no more than one-third of the way up from the lower end. Approximately ten swimmers were unaware that they could use the full length of the two lanes." Response: Per State regulation, when non-swimmers use a pool, a polyethylene line with floats shall separate the non-swimmer area from deeper water. Only those who are 18 or over or have passed the deep end test are allowed to use the deep end during open swim. The YMCA will work on developing a structure to inform new patrons of how open swim is set up in our facility. 3) "At 4:30pm a swim instruction class was put in the open swim recreation area at the deep end." Response: This was an error on the part of an instructor, not normal practice. A class was moved into the open swim area when the swim team showed zip early for. their 5 pm. practice. The YMCA will review expectations for° the Reading Resident Summer Open Swim Program with the summer staff at the beginning of future summer sessions. qP( 4) "I then picked up a copy of the detailed pool usage schedule, which is distributed in the lobby of the YMCA, and was shocked to discover that the times for open recreation had been modified less than two weeks after the Aquatics Advisory Board completed its last review of all the details for this program. The 2:30 to 6:00p.m. block in the large pool on Monday, Wednesday, and Friday had been modified to 2:30 to 5:00p.m." Response: After the summer session began, " due to unexpected increased enrollment in the swim team program (Swim Team membership had increased from SS to 84 participants in one year's time), we responded by allocating an additional lane. " We also had an increase in lap swimmers during this time the majority being Reading residents. The Aquatics Department felt that the remaining pool lanes would be better utilized by serving 9-10 lap swimmers than 2-4 open swimmers. We provided an alternate space for open swimmers in the teaching pool during this time. We reverted to the original plan for the month of August as Swim Team ended in July. However, it is clear that decisions regarding changes to the published summer swim schedule should not be made without prior discussion with the Aquatics Advisory Board. The Aquatics Director will report any future changes in the schedule to the Aquatics Advisory Board before changes are made to the schedule, allowing the board to make recommendations. Through the cooperation of the YMCA and the Aquatics Advisory Board, all the commitments made to the Town of Reading the past five to six years have been met by the YMCA. Although Mary Ellen O'Neill indicated that she thought the YMCA did not act in good faith, I hope it is clear that, although their may be mistakes or disagreements that need to be resolved. The YMCA is committed to working together with the Aquatics Advisory Board in putting steps in to place to continue to improve the Reading Resident Summer Open Swim Program. The YMCA values the hard work provided by the Aquatics Advisory Board and its commitment to maintaining a positive relationship between the YMCA and the Town of Reading. Sincerer / David Witkus Program Director Burbank YMCA qpz