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Home My WebLink About2005-11-15 Board of Selectmen Packet1, iU, 9wL ~-U4* Memo Date: 11/02/05 To: Peter Hechenbleikner, Town Manager From:John Feudo, Recreation Administrato RE: Memorial Playground Donation Please inform the Board of Selectmen that the Lepore family of 11 Francis Drive made a very generous donation ($400) toward the playground project at Memorial Park. I have attached a letter as well for you. The order for the new playground has been placed. The playground should be completed by the end of November. Let me know if you have any questions. r APPOINTMENTS TO BECOME EFFECTIVE NOVEMBER 8, 2005 Audit Committee Term: 3 years 1 Vacancv Appointine Authoritv: Finance Committee, Board of Selectmen, School Committee, RMLD Present Member(s) and Terms(s) Chuck Robinson. Andrew Grimes Vacancy Harvey J. Dahl Camille Anthony Phil Pacino Lisa Gibbs 81 Prospect Street 103 Oak Street 16 Tennyson, Road 26 Orchard Park Drive 5 Washington St. 59 Minot Street Orig. Term Date Exp. (05) 2008 Fincom (04) 2007 Fincom ( ) 2006 BOS (99) 2008 SchCom. (04) 2007 BOS (03) 2008 RMLD (04) 2006 SchCom. Candidates: Stephen Herrick Robert Prince "Indicates incumbents seeking reappointment ~1 AUDIT COMMITTEE Term Appointing Authoritv Three years l See below Number of Members Seven Members appointed for three year terms so arranged that as near an equal number of terms as possible shall expire each year. No member of the Audit Committee shall be a Town employee; however, notwithstanding the provisions of Section 3.4.6 of these Bylaws to the contrary, a Finance Committee member may be a member of the Audit Committee. Two members shall be appointed by the Board of Selectmen, two members shall be appointed by the School Committee, two members shall be appointed by the Finance Committee and one member shall be appointed. by the Reading Municipal Light Board. Meetings As needed Authoritv Town Meeting - November 12, 1992, Revised 3/3/03 Purpose The Audit Committee shall recommend to the Town Manager the firm of independent auditors that is to audit and report on the financial statements issued by the Town. The Audit Committee shall review the audit plan with the independent auditors and, upon completion of the audit, meet with the independent auditors to discuss the results of the audit and the annual financial reports. The Audit Committee shall transmit a copy of the completed annual audit and report to the Board of Selectmen, the Finance Committee, the School Committee and the Reading Municipal Light Board by the end of the calendar year within which the Fiscal Year covered by the audit occurs. 2.(5k O~ OFRE9~'. y k Town of Reading ' 16 L.owel I Street Reading, MA 01867-2685 f 639J txcote°4P FAX: (781) 942-9071 Email: town manager&l.reading.ma.us Volunteer Vacancy Town of Reading Audit Committee TOWN MANAGER (781) 942.6643 One vacancy with a term expiring June 30, 2006, exists on the Audit Committee. The vacancy is for a Board of Selectmen representative. The purpose of the Committee is to review the audit plan with the independent auditors and upon completion of the audit, meet with the independent auditors to discuss the results of the audit and the annual financial reports. Interested persons may apply at the Town Clerk's office, 16 Lowell Street, Reading, Massachusetts by 5:00 p.m. on October 13, 2005, or until the vacancy is filled. 0 0 N J J r- -C D ti CO C1) ~ Cn ,2A3 Matthew Cummings II Lake Street, Unit 126 Wakefield, MA 01880 (781) 587-0466 September 21, 2005 Ms. Camille Anthony, Chairman Board of Selectmen Town of Reading 16 Lowell Street Reading, MA 01867 Dear Camille: btc W ra c -a r.~ 0 I hope this letter finds you well; unfortunately we find ourselves at the end of the summer again, how quickly the time seems to move. I also want to let you and the Board of Selectmen know that I am resigning as your representative on the Audit Committee as I have just moved to Wakefield and am no longer able to serve the town in that capacity. I thank you for the opportunity to remain involve after leaving the Board and wish you and the others well for the future. It does seem a little strange to be living other than in Reading, however life is dynamic and ever changing, which serves to keeps us young I think. Again, the best of luck. Warm regards, / (tll~ Matthew Cummings ~Aq 2105 0126 m $ 29 APPLICATION FOR APPOINTMENT TO BOARDS/COMMITTEES/COMMISSIONS, Name: Prince Robert H. (Last) (First) (Middle) Date: 10/27/05 Address: 41 Oak St. Readixg _ UA Occupation: Attorney Are you a registered voter in Reading? Us Tel. (Homo) 781-944-0957 Tel. (Work) Cell: 617-721-9141 (Is this number listed?) # of years in Reading: 15 e-mail address: rhp238@hotmail . com 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 Ys,Audit Committee Board of Appeals Board of Cemetery Trustees Board of Health Board of Registrars Bylaw Committee Celebration Committee Commissioner of Trust Funds Community Planning & Development Comm. Conservation Commission Constable Contributory Retirement Board Council on Aging Cultural Council Custodian of Soldier's & Sailor's Graves _Finance Committee _Historical Commission Housing Authority Human Relations Advisory Committee Land Bank Committee MBTA Advisory Committee Metropolitan Area Planning Council Mystic Valley Elder Services Recreation Committee RMLD Citizen Advisory Board Solid Waste Advisory Committee Telecommunications and Technology Advisory Committee Town Forest Committee Water, Sewer and Storm Water Management Advisory Committee West Street Historic District Commission Other Please outline relevant experience for the position(s) sought: dK Have nrior,_municinal Government experience with MPA dezree. Q,q S APPLICATION FOR APPOINTMENT TO BOARDS/COMMITTEES/COMMISSIONS Name: gt%f-12t G 4 w Date: /b la~la S-' (Last) (First) (Middle) Address: ~I fi l v i'p F ,A1 G c- ~Q Tel. (Home) ?L1- Tel. (Work) 7 ti - 20S• - 7 3d~ (Is this number listed?) y Occupation: Ft u A X G E A Ai tr G G e- # of years in Reading: CI Are you a registered voter'in Reading? Y e-mail address: S T E P tli= N • t40 Q R rc. J< @ /V & C•~a 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 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: 9 ssrxwk GdLL-~C ~ca uvvkrc s - A8A 6611frt QQ ( D 4. ~rG I N'A j-e,1- /t ~tl c r? JV'tlt A 7-L.-o 1J R U ^ n1,4 A) rt TJ"5 G - u 0~r Gu,~ ;ti. IWyvF vLt a 6 -e.A bwL wl 1A1'rt'_E9N,+1- &Y E1- . OaFl.N6 E GO A/T9A"CT- 40 1t- t - A 6,. 9NG~ + SAP, 6 A A) 6 ~k Z-6 t ^t P L.,G wL 6.N T}1 7'I i/v . t o j: 0 z. > mss-- ~ 5uj~ r- ~C~ l C~ ,t tA v 3 l GO V,~`~` OJ ;.S $ v ~ IM- atl APPOINTMENTS TO BECOME EFFECTIVE NOVEMBER 8, 2005 Council on Aging Term: 3 years Armointinti Authoritv: Board of Selectmen Present Member(s) and Term(s) Dorothy L. Foxon Elizabeth Cronin, Chr. Sally M. Hoyt Carole N. Scrima Richard Anderson Carol Patterson Edwina Kasper Barbara A. Powers Ruth Goldberg Stacy Bertocchi 23 Ash Hill Road 403 Pearl Street 221 West Street 709 Gazebo Circle 15 Colonial Drive 128 Grove Street 75 Village Street 25 Belmont Street 11 Bond Street 250 High Street Orig. Date (89) (96) (04) (04) (99) (03) (98) (00) (02) (05) 0 Vacancv Term Exp. 2006 2007 2007 2007 2006 2006 2008 2006 2008 2008 Candidates: Marguerite Bosnian *Indicates incumbents seeking reappointment abi COUNCIL ON AGING Term Three years Appointing Authoritv Board of Selectmen Number of Members Ten Members whose terms are so arranged that as nearly an equal number of terms as possible shall expire each year. All members shall be inhabitants of the Town and at least two members shall be over 60 years of age. Meetings Regular meetings are held on the second Monday of each calendar month at 6:3,0 p.m. unless a legal holiday when the meeting will be held the following Monday unless otherwise designated. Authority Reading Charter - Adopted March 24, 1986 Purpose The Council on Aging shall have all the powers and duties given to Councils on Aging by the Massachusetts General Laws, by the Reading Home Rule Charter, by Bylaw or by Town Meeting vote. Included are the following: To ascertain needs of residents 60 and over, to conduct and sponsor programs and disseminate information addressing those needs, to directly assist individuals and to be advocates for the elderly of Reading at the community, State and National levels. 2105 NOV -4 r APPLICATION FOR APPOINTMENT TO BOARDAMITTEESICOMMISSIONS Name: (L t a h M ^C E- Date: n cAVV~', a 41 a o o S (Last) (First) (Middle) Address: q ~ -Fo ~~n "-V, c, Occupation: i F p -A, Tel. (Home) q t- q,414- i-\039 Tel. (Work) wj[ n (Is this number listed?)-R-?---5 # of years in Reading: 1--( (o u\ S,-DT- 5 Are you a registered voter in Reading? e 5 e-mail address: t~ ~ .R- 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 T ouncil on Aging Cultural Council Custodian of Soldier's & Sailor's Graves Finance Committee Historical Commission Housing Authority Human Relations Advisory Committee Land Bank Committee MBTA Advisory Committee Metropolitan Area Planning Council Mystic Valley Elder Services Recreation Committee RMLD Citizen Advisory Board Solid Waste Advisory Committee Telecommunications and Technology Advisory Committee Town Forest Committee Water, Sewer and Storm Water Management Advisory Committee West Street Historic District Commission Other Please outline relevant experience for the position(s) sought: o ~ p v C4-9z~C?' .ni M 1~2 A~ PLO, Ct/, i (A A U, A- 0 .(t ntiX L~ YQ~A.OI_ Q_J~U , 0-, V1/14n/1~1.Y1-~Z~ llXllX+ ~0 M-& lAtalA~~ 71"t, L I-OAAJ~ I - OL- WZ".k, a~ &Lz 01" 1 cis s -t,,9-~ ;:~,b 4- C~ jajj-(-~- -t3 'fie- aUoa,~ ce-wti • aA3- 2m5 OCT 25 Ali 9. 21 October 22, 20105 TO: Reading Board of Selectmen I would recommend the following two applicants for Associate Memberships on the Council on Aging: Marguerite Bosnian Anna Dixon They have been sent applications. Thank s lie Betty Cronin Chair, Council on Aging C14- ~ - APPOINTMENTS TO BECOME EFFECTIVE NOVEMBER 8, 2005 Cultural Council Term: 3 years (6 years maximum) Appointing Authoritv: Board of Selectmen Present Member(s) and Term(s) Alison Sloan DaSilva, Chr. Anne W. Hooker Nicole Cain Karyn S. Storti Valerie J. Alagero Kathleen Kelly Elizabath Whitelam Janet Grace Hatherly (Associate) 40 Putnam Road 87 Village Street 7 Melendy Drive 31 Green Street, #8 28 Smith Ave. 36 Grove Street 7 Gilmore Avenue 9 Smith Ave. Orig. Date (00) (02) (03) (02) (02) (03) (05) (04) 0 Vacancy Term Exp. 2007 2008 2006 2008 2008 2006 2007 2006 Candidate Jennifer Martin *Indicates incumbents seeking reappointment ~cl CULTURAL COUNCIL Term Three years Appointing Authoritv Board of Selectmen Number of Members Seven Members to be appointed to no more than two consecutive terms Meetings Held monthly Authoritv January 1, 1987 revision of the Massachusetts Arts Lottery Council Guidelines consistent with the Town of Reading Charter'. and applicable Bylaws. The Cultural Council is established by Chapter 10, Section 58, of the Public Laws. Pursuant to this law, no elected or other official may serve on the Cultural Council. Puruose The Reading Cultural Council is the local agent for the distribution, receipt and evaluation of applications for funds from the Massachusetts Cultural Council. It will also act to serve as a resource for the dissemination of information as well as to encourage activities related to furthering and stimulating interest for the * arts in the community. lee M OCT 28 Px-1 1 5'7 APPLICATION FOR APPOINTMENT TO BOARDS/COM ITTEES/COIVIIVIISSIONS Name: McLY-4 n Jen,nf-{er Co t ,s+n,nCQ. Date: se~~~ o.8 h cac,s- (Last) (First) (Middle) Address: qq S ~v- ;ce Qoca cl 'Qen d Vnra . M kt . ni R rs l Tel. (Home) -781 - 9'l L/ -16 x3 J Tel. (Work) - (Is this number listed?) 'les - Occupation: sh~denlr # of years in Reading: 41 Are you a registered voter in Reading? N Ira e-mail address: ; en cm a oo 4 e hod mc, 1 ,corn Place a number next to your preferred position(s) (up to four choices) with #1 being your first priority. (Attac a resume if availabl_e.,) 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 Cn s soc . me the r ) -Custodian of Soldier's & Sailor's Graves -Finance Committee historical Commission Housing Authority -Human Relations Advisory Committee Land Bank Committee 1VIBTA Advisory Committee Metropolitan Area Planning Council -Mystic Valley Elder Services Recreation Committee RMLD Citizen Advisory Board -Solid Waste Advisory Committee _Telecominunications and Technology Advisory Committee -Town Forest Committee -Water, Sewer and Stone Water Management Advisory Committee -West Street Historic District Commission Other Please outline relevant experience for the position(s) sought: G~rrer~4~ ~ cc~c~~ c~~- c; Q'MHS %4~a~n hoMVS c-Aw6zoi-- No.-iorlr.\ iAnn J ' ~1lan.ir- ~'cLt2rnHS N-nroa C1vh (Ar-tr) - do.4her+ fa . Lo hood I-fne Rr-4S (a worst - A ktc) sr,,c oohone ~(o ce Lesson- , , -S1e1~2YC>S'c fe1 +c- vvcl ao4 vr'~fes J r fi fr1~P(V-\ frr,. i ~?-r ili'c~l CC~S} ~c3 oFRFgO f63grINC0 Town of Reading 16 Lowell Street Reading, MA 01867-2686 FAX: (781) 942.9071 TOWN MANAGER Email: townmanager@ci.reading.ma.us (781) 942.6643 MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner _ DATE: November 10, 2005 RE: Jordan's Application to Operate I-Max Theater on Christmas Day Please see the attached application from Jordan's to operate the I-Max Theater on Christmas Day. This requires specific approval by the Board of Selectmen. PIH/ps Attachments 3q omcast 0} , A T E R 31 T H / H Rf 16 AT p U 14 NA1160REAll1h NAtCK7ACtl t1.1 - J 3 %.7'7 \ November 4, 2005 Town Of Reading 16 Lowell Street Reading, MA 01867 Dear Peter Hechenbleikner, The Comcast IMAX 3D Theater at Jordan's Furniture - Reading, would like to request permission to be open to the public on Christmas Day, December 25, 2005. On that day, we would show "Polar Express 31)" at 2:00pm, 5:00pm & 8:00pm. The guests from the 8:00pm show would exit at approximately 10:55pm. We appreciate your consideration and look forward to hearing from you. Sincerely, Michael Tatelman Director of IMAX Theaters/Guest Services 781-944-9090 x 6823 mtatelman(a)iordans.com 3,12. Page 1 of 1 Hechenbleikner, Peter From: Cormier, Jim Sent: Thursday, October 27, 2005 4:54 PM To: Hechenbleikner, Peter Subject: Jordans Furn. Xmas day Peter, Jordan's is requesting to open on Christmas. The show times would be 2pm, 4:30pm and 7pm. I have contacted The Division of Occupational safety. Their counsel says that she feels the selectmen would have the say on an amusement opening on Christmas this year becuase of the holiday falling on a Sunday. She also says the Dept. of Public Safety "shall" approve this. I've called them numerous times and their counel hasn't gotten back to me. I would like to tell Jordans to apply to the BOS, is that ok w/ you or would you like some other action. Jimmy FOR DATE TIME FROM FIRM PHOINIPC411 AREA CODE . NU BER EXTENSION ❑ FAX......... ❑ MOBILE AREACODE NUMBER. TIME TO CALL. ~,'T~~EPHONE ; { PLEASE CALL: Y +S"w~ C~}ME-TC) gU~ PUSH WANTS T0 SEE YOU {SPECK, 1ll:iiJ WAITING TO SEE YOU { HOLDING LI ~J MESSAGE ~ ~ 2~. err ~!S - 10.0 1MpiF0RM 4007 SIGNED MAOE,INU.S.A. MESSAGE 3,43 10/31/2005 11/04/2005 15:37 7819429071 TOWN OF READING PAGE 01/02 11- 4-•05; 1:50PM; ;617 2a8 o&3i4 TX 2/ 2 Application for License for Public Entertainment on Sunday 4 aooS Mayor, ilfat.) Hon (~l lY1 e r 9 _ AL/I Chairman of Board of Selectmen, 9~ E'4 AL Dear Ste : ~ (Cit: or TnQ) The undersigned, in mEcordance with chapter 136 of the General Laws, as amended, hereby requests a license for "tS J W+CJi C54 -".e- MAX 1 M1~J`'+4~ 1`~.. ~+~T ,xrAc n&) &,.~1, 71C`C i" e ' pn~ert Ds,er[ptlost o! '~atretaion~oae) in or on the. pro erty at Ni+ SCJ t ~.~Ck,\~e ~S t Qd~ 1u street (mama of Buiidina) ov !'a (Oaslo) ) ' from -1; c `.P.M. to -1:0® P.M. ,The concert or entertainment above mentioned is to be in keeping with the character of the Lord's Day wind' not inconsistent with its due observance. - ' Licensee or. Authorized rGpresentativ, ' E a,nanta Mai1T~) Rome Address, ~ lA)01-1 I~J1.0 f5rv~ ~ PROGRAM OF CONCERT OR ENTERTAINMENT ( Naa■a eE l►rttaN, tnrcha~tcs j - lf~ttlra of D+.GrlDtioa of C.rntmI of bt6ar ~alfttftSfANnt ` Sntarhinmant to bo warn f t r c a r,-l~-ear ~ +he- ~i le F ~t"~' re- &J- a - 0k) k -P. e' r- (3i J O D O fv~ 11 C.. 1 1 ac v s~, - LU ►/Yl t)vi e t THIS APPLICATION AND PROGRAM MUST BE SIGNED BY THE. LICENSEE OR AUTHORIZ90 REPRF- SR)NTATiYE CAP ENTERTAINMENT TO RE HKILD, NO CHANGE TO HE MADE IN THE PROGRAM WITHOUT rwaMissiCN• •OP THE AUTHORITIES GRANTING AND APPROVING THE LICENSIL THE PEE OF DOLLARS TO ACCOMPANY THIS APPLICATION AND PROGRAM WARDED TO THE COMMISSIONER OF PUBLIC SAFETY FOR APPROVAL. 3 r7l 'V rxf- L11 1"i COIAMO READSII ' OV7 CD { . S is here»~ tea ~ late Yet, s---_- j- aM 2' as _ pfl , >c 4 ~ R Y IMF _ S~ i y 25 , 2pa5 stse~. ► C ~Vale A .30V O DECB'~jBE,,, ta'e' t TKEAT ApS~IG MASS - m S- Rh` m OW MpVSES B 0K ERSVE tab commence bs an a jor Tp SR tTYV~ °t m 5p WA~~KERS TER inment►1l raaLlowin terms " Beta at 140. " MAX TKEA that, ouch eut and also to the as of r duoted a outs? sits$ o. placaT t ° abiislirt1et't upon ntterstnndi entexkatnm ViV of Other, to rflved li the u cabLe` tetteezti earls 4f pietotia og the to enter Che name of e tnnee>zt apP wealth•ml► eteirt~ >ty ' s2c obst ~ubLic GSaEetiy~mtssiouer snd the cnrta Cd3omon exhibitea{ c.0n detailed by the aru lay t I Z accel} be&d eoxeom`issLoer of fed, , jaws s3I the Per {nrmRncc Or to tn►en shall etnp i 4 gated anti l , ~rsth the 1a vrestttecr nliee oeexe~xt; gstd t his P bicense Sh;~tL compi nk. ir sY aely gets` n of it Feg°lax 1~ erfdreri~'ces shall pay t" lam is allnw ttr, l3o teen b tltsrtn~ p and s, b ny lais t the tircn"ee lacc nI alm 3uent, tltc l;z~y sLtt~ll [ olive, ted by theceirt uses n aI Y ab4" to keep m fire', iaT nd tha his ►s face at a1nu t'~ enter tact`- ttf ml C'hta1L times 11, a excise nxet to stn ►ef flog . h peid s asthe 7 P- not ad ki I' hated in Vet+o 1ti~ 4'jaGe atant<ta cnntlttanr+i: shalt shalt ant, tllerclox by khe conttat r, the ltcexesge rsaa be Itl~tiut ecent a ~ttview ~ ac ie 4 tit a .~ffircry dcs lllm~ ;~1~a11 Perim, file ~e ei aFp tus e clexsivc anv Z ter Ind ncuxeallow 2oLiec be 50 Ley , r dI the , sUexa anxl oth lace! to eXeeGi tl limey m 01 ay nature in ' an ttlysccne hall at a useent tac . >ri cal l hici Tcaetgixa e to such 4 cliaa duxin an tteLt gutovnt filed by the ctiexaitcat f',te 1'a obstxt' stairway 4ttclts ~ this ~Qrc(l ict m t1eL meat Qeelie eely rc nr t cha t ~,niIs, arnet<t: in as` of an g},a11 pe :t nd sad y`"ay or tltotimed 1 ant ~elc<Y a{ n„tucn ohec dicers s sl,att he des aisles P ectmcn dr au ubtic lur 11 e s, deP fire ai►y set 'Officer d{ t' utcnt txas , axt tb~eixt 1. gaatd lax lo e t2i4 tst=~Ce9 i tiff tee . art cl e►t t~f the fsrc by the 4c drrler in ser~tre_ p'trc I7~P stitch slap E extirtguistxinfs to Y a 10 e t,rc=t't . ,the hers aI tt1e sstllte, ,uch tnentl,crs viaetl tctr t rst~ I tte~dc li tot yax tiered t4'mY x vacs 4x' at easy tim sc co yy nI poiecc 4tr ~,tcb m a to ttc ait? acssal allow l spParatas P meat ,or shunt anti $ny tim .arid S xa11 be surer to atx,t~ xnay req the salons`t lees, i t t,r ~a1 i-re, 'D t~ oStITIcnt sad of rein • regulations eat is be ]~eld , as ame1Ratal and is sublea Ate vk FLxc ~el~ Flo ecs dI the tieenscd Mies anti antertasnm uI hie f r is}a y to and, other ~l~ere the haws, tit tltt ct to ancl dire shall cdnf dxtn xcmiSE s f thL C,euerA l tassoise the r 1 aitlntncntt al cd be ke'pt' on .I Public Sa1enL Chttl~tcx 136 ~t eakcr{ce i~ti ` nse sharp s the yt ytsr 1'ulstir. Sniet:y the u T trttasaonc xe{srd5 ,Fl;is license 1 raen, or Cdsn r° Otk \Iayt►r, guard at bets 6"*"r a'. rte.- Wfa 06 Ioliowl ut d are lwl OtA 0 mcf. pOSTED JSVf 'jof IS, °'t~. " 'A Town of Reading 16 Lowell Street Reading, MA 01867-2686 FAX: (781) 942-9071 TOWN MANAGER Email: townmanager@cl.reading.ma.us (781) 942.6643 MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleilcner _ DATE: November 10, 2005 RE: Vacating Easement - Walnut Street Please see the attached paper work vacating this easement. The developer never vacated the easement. The property owner is interested in building a swimming pool in the area where the easement is, and would like to start construction this Fall/next Spring. The documentation has been reviewed by Town Counsel and the Town Engineer. PIH/ps Attachment 3b READING INFRASTRUCTURE MAP 1 S! ' V7 A"r L _j&-.--- p at~" lei i d i i Ell, NN, u~ 'a Legend Map by Town of Reading. Parcels valid 1/1/05. Town Boundary Parking Retain. Wall Hydrant ® Planimetric features from Parcels Paved ®m®®~ Wall Light Pole aerial photos taken in 1998. i Buildings Unpaved Ponds, Rivers O Utility Pole B/W aerials taken in 1998. Sidewalks Roads Streams ® Manhole Color aerials from MassGIS L Bridge taken 5/01. Data are for Driveway Ditch ® Catch Basin planning purposes only. Railroad Paved Culvert Ouffall 0 25 50 Contours I Unpaved Dam, Headwall ❑ Substation 3bZ w 7 LoT Na 20 rte e~ M °,,;Il0Z gJ e 1&0 e t lan G~rte14K P09 3955 '~yr2- ir* !qo` 206 L & L1.5;54,°& . /2 4 ~r'~'arrt cel" N1 Po9e 5 Bao k 7 under AP this Plan the ~roval of the sion Control caw by subdivi of the ToWn of Board of survey ding is not required- Rea I)ateia'u, -it, pry.(? E ri TOWNOF R~DING'MASSACHUSETTS BOARp OF PUBLIC WORKS EASEMENT THROUGH PRIVATE PRO E,wATERAND SEWERAGE FOR DRAINAG WALNUT 5CALE--Iin. = 40f ENS IN EER1t1G DiV tSION SuPER 1NTE90ENT PHitr{p 'UVEI.GH, yam (A, W4 V/ LATHAM, LATHAM & LAMOND~ P.C. 643 MAIN STREET READING, MASSACHUSETTS 01867-3096 W W W. LLLLAW. C O M KENNETH C. LATHAM (1939-1996) 0. BRADLEY LATHAM* JOHN T. LAMOND SHEILAH GRIFFIN-REICHARDT JOSHUA E. LATHAM CHRISTOPHER M. O. LATHAM *ADMITTED TO PRACTICE IN MASSACHUSETTS & NEW HAMPSHIRE Hand Delivered Mr. Peter Hechenbliekner Att: Paula Town Hall 16 Lowell Street Reading, MA 01867 TELEPHONE: (781) 944-0505 FAX: (781) 944-7079 November 9, 2005 Re: Release of Easement, Walnut Street, Reading Dear Paula: C-11 1 Would you please ask Peter to have the enclosed Release Deed executed by the Board of Selectmen at their next available meeting. Thank you for your anticipated cooperation. sgr:dk:town of reading Sincerely, Latham, Latham & Lamond, P.C. Dofina L. Kelly 34v RELEASE DEED The TOWN OF READING, a municipal corporation duly established under the laws of the Commonwealth of Massachusetts and having its usual place of business at 16 Lowell Street, Reading, Middlesex County, Massachusetts 01867 ("Grantor") for consideration paid, and in full consideration of One ($1.00) dollar, and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, releases all of its right, title and interest in and to certain rights and easements in Reading, Middlesex County, MA located on land situated off of Walnut Street, which easements are shown on a plan entitled "Easement Through Private Property for Drainage, Water And Sewerage Purposes Walnut Street, Scale: 1 in = 40 ft., Nov., 1967" registered with the Middlesex South Registry District of the Land Court as Document No. 450960, to which plan reference is made for a more particular description of said premises. This Release has been authorized by vote of the Town of Reading's Annual Town Meeting taken under Article Twenty Eight of April 28, 1997. There has been full and strict compliance with the provisions of Massachusetts General Laws Chapter 44, §63A. There has been full and strict compliance with the provisions of Massachusetts General Laws Chapter 60, §7713 relating to the statements to have been received by the Grantor. 3 b IN WITNESS WHEREOF, the said Town of Reading has caused its corporate seal to be hereto affixed and these presents to be signed, acknowledged and delivered in its name and behalf by the undersigned being a majority of the members of the Board of Selectmen of the Town of Reading, thereto duly authorized, without personal liability for the members of the Board of Selectmen, in any event, this day of , 2005. Town of Reading By Its Board of Selectmen Camille W. Anthony, Chairman Richard W. Schubert, Vice Chairman James E. Bonazoli Ben Tafoya Joseph G. Duffy Commonwealth of Massachusetts Middlesex, ss Then personally appeared the above-named Camille W. Anthony, Richard W. Schubert, James E. Bonazoli, Ben Tafoya and Joseph G. Duffy, as they are a majority of the Board of Selectmen of the Town of Reading and acknowledged the foregoing instrument to be their free acts and deeds as such Selectmen on behalf of the Town of Reading, before me. Notary Public: My Commission Expires: Release Deed nadeau:Town of Reading:dk Greenman - Pedersen, Inc. Engineering and Construction Services REF. MAX-2005104.00 r, September 27, 2005 Mr. Christopher Reilly Town Planner 16 Lowell Street Reading, Massachusetts 01867 SUBJECT: Park Square at Reading Dear Mr. Reilly: Greenman-Pedersen, Inc. (GPI) has completed a preliminary review of the following materials relative to the Park Square at Reading project: - Traffic Study dated August 2005, prepared by Edwards & Kelcey - Traffic Study Appendix dated August 2005, prepared by Edwards & Kelcey - Conceptual Mitigation Plans "Figure B-2 Four Lane Alternative with Signal Control", prepared by Edwards & Kelcey - Synchro Analysis prepare by Edwards & Kelcey In general the traffic study has been performed in conformance with standard traffic engineering practices. The methodology used to calculate the traffic generated by the site provide a conservative estimate of the traffic impacts on the intersections of Route 28 (Main Street) at South Street and South Street at Jacob Way. The proponent has compared the new traffic anticipated to be generated by the 600,000 s.f. retail center to what would be expected to be generated if the site were reopen with the existing 208,000 s.f office configuration. The following minor comments should be addressed by the proponent's design team. 1) Page 10 and page 29 indicate different daily traffic volumes along Main Street north of South Street. Page 10 indicates NB: 22,240 vpd, SB: 23,480 vpd totaling 45,780 vpd north of South Street. Page 29 state that Main Street in the vicinity of South Street carries 22,240 vpd on a weekday. Please clarify. 2) Page 12, section "c" - There appears to be some text missing or an editing error; the first sentence doesn't make sense. 3) Page 13 - The 50 residential units would generate 313 trips per day, not 336. The appendix trip generation calculations and Table A-3 are correct. 4) Page-17 - The description of the improvements to the Main Street/South Street intersection indicates that exclusive left turn lanes will be provided along the Main Street corridor. However the design plans (Figure B-2) indicates that the southbound approach has a shared LT/TH lane 3c 105 Central Street, Suite 3100, Stoneham, MA 02180 Tel: (781) 279-5500 Fax: (781) 279-5501 www_nninPt_ram kiAdpftI'C Mr. Christopher Reilly September 27, 2005 Page 2 of 3 r. and the northbound approach has one dedicated LT lane and one shared LT/TH lane. The text should be revised to reflect the current proposed design plans. 5) Page 33 - Section 3 - This section references the trip distribution of the Spence Farm project located along West Street in close proximity to South Street. That study indicated that little if any site traffic would utilize South Street_ However, at the time of that study, the Addison- Wellesley Office Park was not anticipated to be a major Retail Center. This change in use of the Addison site would likely draw some traffic from the West Street area. The proponent has proposed to modify the geometry of the South Street/Jacob Way intersection to discourage access to the Park Square retail site to and from South Street. Furthermore, the signal at South Street and Jacob Way will meter the traffic flow along South Street. By keeping the South Street approach phase to a minimum, the "cut-through" traffic can be controlled. While the proposed geometry and accompanying signage will prohibit left turns from Jacob Way to South Street and right turns from South Street to Jacob Way, there is no way of ensuring that 100% of the traffic will comply with these restrictions. The proponent has explored alternatives, such as a cul-de-sac at South Street that would physically prevent any traffic from South Street to access Jacobs Way and the Retail Center, but would also eliminate the use of South Street as a cut-through route. However, such restrictive options would likely result in the South Street traffic diverting to other local streets such as Walnut Street and Hopkins Street. 6) Page 34 references Figure 9, but it is not provided. 7) GPI has run the trip generation for the various land uses shown in Table B-5. In general the results concur with the proponents findings. There are minor discrepancies however; the overall assumptions and findings are similar. 8) Table B-6 the % Total trips for Office does not add to 100%. Please clarify. 9) The proposed signal phasing for the Main Street at South Street intersection is questioned. The NB approach provides an exclusive LT lane and a shared LT/TH lane. This approach operates with a protected lead phase, followed by a concurrent north/south phase. However, the middle lane along the NB approach is a shared lane. If the north/south phases are to run concurrently, both left turn lanes must be dedicated lanes. If the middle lane is to remain a shared lane, the Main Street approaches must be operated independently as "split" phasing. The plans and/or analysis should be revised accordingly. 10) Consideration should be given to modifying the southbound approach to the I-95 southbound ramp. This approach could be striped to provide a dedicated RT lane and a shared RT/TH lane 3C2. " GPI Mr. Christopher Reilly September 27, 2005 Page 3 of 3 r' , to provide two travel lanes entering the southbound ramp. These lanes would be merged to a single lane to enter I-95. This configuration would reduce the queues along the southbound RT/TH lane at South Street, and may benefit the split phasing operations discussed above. The above comments are our initial findings. We look forward to working with the Applicant to address and resolve the above issues. Should you have any questions, or require additional information, please contact me directly at (781) 279-5500 ext. 3008. Very truly yours, GREE AN - PEDERSEN, INC. ,f Jo n W. Diaz, P.E., P.T.O E: Assistant Vice Presiden 3C'3 R` E90 ti Town of Reading ' 16 Lowell Street Reading, MA 01867-2686 6~9J1NCORQO¢ FAX: (781) 942-9071 Email: townmanager@cl.reading.ma.us MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: November 10, 2005 RE: Dangerous Dogs TOWN MANAGER (781) 942.6643 Last week, Selectman Camille Anthony and I met with the Health Service Administrator Jane Fiore, Board of Health Member Barbara Meade and Holly Stump who provides. information to communities around the State on how to address dog issues through appropriate bylaws. The discussion was excellent, and she gave very good direction. She gave us several sample bylaws or ordinances. She felt that one of the better ones was from the City of Springfield, a copy of which is attached. She also gave us a copy of an Act that is pending before the legislature. The current trend in this issue is to have some kind of a committee established which could determine, based on petition or request, whether an animal is a potentially vicious dog. This will allow the community to be proactive on this matter. My recommendation is to move forward with the proposed bylaw that would address these issues, and also incorporate the existing leash law and "pooper scooper" bylaw into a single Bylaw addressing animal regulations. This would then take the place of Board of Health regulations. If the Board feels comfortable with this process, we will move forward with affected staff (the Animal Control Officer, Health Service Administrator, and the Police Chief to draft a bylaw for consideration by the Board in January and inclusion on the Warrant for the Annual Town Meeting. PIH/ps 3,41 . .5 CITY OF SPRINGFIELD IN THE YEAR TWO THOUSAND AM ONE AN ORDINANCE. AMENDING TITLE 6 OF THE REVISED ORDINANCES OF THE CITY OF SPRINGFIELD, 1986, AS AMENDED, BY REPEALING CHAPTER 6.04 IN ITS ENTIRETY AND INSERTING IN ITS PLACE A NEW CHAPTER 6.04 - VICIOUS DOGS AND ANIMALS REGULATIONS Be it ordained by the City Council of the City of Springfield asfollows.- Title 6 of the Revised Ordinances of the City of Springfield, 1986, as amended, is hereby further amended by repealing Chapter 6.04 in its entirety and inserting in its place the following new Chapter 6.04 thereto as follows: Chanter 6.04 Sections: VICIOUS DOGS AND ANIMAL REGULATIONS 6.04.010 Definitions. 6.04.020 Vicious dogs or other animal. 6.04.030 Control of dogs. 6.04.040 Dogs on school premises. 6.04.050 Removal of dog waste. 6.04.060 Impoundment Notice of violation and emergency care. 6.04.070 Animal Care. 6.04.080 Keeping of wild animals. 6.04.090 Animal control officer. .u 6.04.100 Issuance of citations. 6.04.110 Advisory committee. 6.04.120 Enforcement. 6.04.130 Violations--Penalty. 6.04.010 Definitions. For the purpose of this chapter, the following definitions shall be applicable: A. "Animal" means any live, vertebrate creature, domestic or wild. B. "Animal-domestic" means any dog, cat, horse, cow, sheep, goat, pig or domestic fowl. C. "Animal-wild" means any racoon, skunk, fox, leopard, panther, tiger, lion, lynx 3 dz' r. 2 or other similar warm-blooded animal wild by nature, or poisonous reptiles, normally found in the wild. D. "Animal control center" means any facility operated by or for the City or the authorized agents-thereof for the purpose of impounding or caring for animals held under the authority of this chapter or Massachusetts. General Laws. E. "Animal control officer' means any person designated by the city, including representatives of the Thomas J. O'Connor Animal Control Center, or its successors to handle and manage issues dealing with domestic animals. F. "Animal exhibition" means any display containing one or more. animals which are exposed to public view for entertainment, instruction or advertisement, excluding state and county fairs, livestock shows, rodeos, purebred dog and pedigreed cat shows, obedience trials and competitions, field trials, and any other fairs and exhibitions intended to advance agricultural arts and sciences. G. "Auction" means any place or facility where animals are regularly bought, sold or traded, except for those facilities otherwise defined in this chapter. This term does not apply to isolated sales of individual animals by owners. H. "Circus" means a commercial variety show featuring animal acts for public entertainment. 1. "Dealer" means any person who, for compensation or profit, buys for resale any animals, whether alive or dead, for research, experimentation, testing, or exhibition (except as an exhibitor as'herein defined) or for use as pets. . J. "Commercial animal establishment" means any pet shop, grooming shop, auction, zoological park. K. "Grooming shop" means a commercial establishment where animals are: bathed, clipped, plucked, or otherwise groomed. L. "Kennel" means any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee or selling dogs or a place where four or more cats or, dogs or any combination of four (4) such animals are kept, whether by the owners of the animals or by other persons, with or without compensation. M. "Licensing authority" is the city clerk as provided by the General Laws of the Commonwealth of Massachusetts. N. "Owner' means any person, firm, corporation, organization, or department owning, keeping, having an interest in, or having care, custody, or control of, or harboring one (1) or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three (3) consecutive days or more. If the owner of an animal is a minor, the parent or guardian of said minor shall be considered the owner. . O. "Performing animal exhibition" means any spectacle, display, act, exhibit, or event other than circuses, in which performing animals are used. P. "Pet" means any animal kept for pleasure rather than utility. Q. "Pet shop" means any person, partnership or corporation, whether operated separately or in connection with any other business enterprise except for a licensed kennel, that buys, sells, or boards any species of animals. R. "Physical restraint" means muzzled and on a leash not to exceed six (6) feet and controlled by an adult physically capable of controlling such dog. The muzzle must not 3d3 3 cause injury to the dog but must prevent it from biting any person or animal. S. "Potentially vicious dog" means any-dog that: 1. When unprovoked, inflicts bite(s) on human or domestic animals on public or private property; 2. When unprovoked, chases or approaches a person upon the streets, sidewalks, or any public property in an apparent attitude of attack; or 3. Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or-otherwise threatening the safety of humans or domestic animals. T. "Public nuisance" means any animal which: 1. Molests or threatens passersby or passing vehicles; 2. Threatens other animals; 3. Trespasses on school grounds or private property; 4. Is repeatedly at large five (5) or more times; 5. Damages private or public property; 6. Barks, whines, howls, or makes any noise natural to its species in an excessive, continuous, or untimely fashion so as to disturb the peace; 7. preates excessive offensive odor. U. "Restraint' means any leash, lead, or other physical restraint. V. "Secure enclosure" means a secure enclosure shall be a minimum of five (5) feet wide, ten (10) feet long, and five (5) feet in height above the grade, and with a horizontal top covering said area, all to be at least nine (9) gauge chain. lin.k.fe.ncing with. necessary steel supporting posts. To prevent escape of the animal, the floor shall be at least three (3) inches of poured concrete with the bottom edge of said fencing embedded in the concrete or extending at least one (1) foot below grade: The gate must be of the same material as the fencing, fit closely and be securely locked or otherwise deemed secured by the animal control center. The Owner shall post the secure enclosure with-a clearly visible warning sign, including a warning symbol to inform children, that there is a dangerous dog on the property. The enclosure must contain and provide protection from the elements for the dog or other animals mentioned before and shall comply with Massachusetts General Laws Chapter 272, section 77 (Cruelty to Animals). W. "Serious bodily injury' means bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain,, protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member or organ. X. "Veterinary hospital or clinic" means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases or injuries of animals. Y. "Vicious dog" means any dog that has: 1. Without provocation, inflicted substantial bodily harm on a human being on public or private properly; 2. Killed a domestic animal without provocation while off the owner's property; or 3. Been found to be potentially vicious, and after the owner has notice that the dog is potentially vicious, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. 3 aa 4 4 Z. "Wildlife control officer" means any person designed by the state or the City f to handle and control issues dealing with wild animals or any dangerous rabid or potentially rabid animal. AA. "Zoological park" means any facility, other than a pet shop or kennel, displaying or exhibiting one (1) or more species of non-domestic animals operated by any person, partnership or corporation or any governmental agency. 6.04.020 - Vicious doas or other animal. A. To consider declaring a dog or other animal vicious or potentially vicious, an animal control officer, a health and human services employee, or any humane officer or the chief of police or any police officer may initiate a special hearing before the special hearing committee ("hearing committee") to consider any evidence collected and take charge of and impound the animal. The center shall notify the owner of the dog by certified letter of such special hearing and owner may attend and have an opportunity to be heard.. At this special hearing the hearing committee will determine whether to declare such dog or other animal vicious or potentially vicious. If the dog or other animal is declared vicious or potentially vicious the city clerk shall notify the abutter next door and across the street by certified mail return receipt requested and the classified section on the local newspaper (i.e., animals: dogs and cats, section) of such finding at the owner's sole expense. If a dog or other animal owned by a resident of the city of Springfield has been found to be vicious, the ownership of the dog cannot be transferred. No dog or other animal shall be declared vicious or potentially vicious. if the threat,.injury or damage was sustained by a person committing a crime, or was provoked by a person or animal cruelly abusing the dog or other animal. B. If the dog or other animal is declared vicious or potentially vicious, the owner will have a two (2) week period in which to have a secure enclosure constructed to house the dog or other animal when it is in the owner's yard. During such period, the dog or other animal will be publicly impounded, at an animal shelter or a private veterinary hospital until the secure enclosure is constructed before the dog or other animal is released. If the owner chooses 'not to build the dog or other animal a secure enclosure or if said dog or other animal is found on a property not owned or controlled by its owner or not restrained in the secure area, -an order that the dog or other animal be euthanized will be issued. The effectiveness of the secure enclosure shall be subject to periodic inspections by such officer, as deemed necessary. The fee for said inspection shall be seventy-five dollars ($75.00). If the owner is found violating the secure enclosure requirements, immediate public impoundment of the dog(s) or other animal(s) shall be taken by the center during the time the violation, continues to exist, the owner shall bear all cost for such public impoundment. The said fine for such violation shall be two hundred dollars ($200.00) per day or part of the day the violation is allowed to exist. C. If the owner of a vicious or potentially vicious dog or other animal does not have a secure enclosure constructed during the two (2) week period, the dog or other animal may be destroyed, during the same two (2) week period, unless the owner files an appeal with the hearing committee. If such an appeal is filed, it will be heard within three (3) weeks of the appeal. The determination by the hearing committee shall be final and binding subject to appeal only under the provisions of chapter 30A of the General Laws. 'Y -3J,50' 5 D. Any and all costs for the impounding of the dog involved will be borne by the owner unless determined otherwise by the hearing committee or court of final appeal. E. If a vicious or potentially vicious dog or other animal bites or attacks a person, the dog shall be impounded and quarantined for the proper length of time for rabies observation: Confinement of the animal may be accomplished at an animal shelter, or at a private veterinary. hospital and any charges incurred shall be the responsibility of the owner. A summons shall be issued to the owner of such animal. The dog or other animal may be destroyed within ninety (90) days unless an appeal is taken by the owner involved to the hearing committee within thirty (30) days of the impoundment. Any determination by the hearing committee shall be final and binding subject to appeal only under the provisions of chapter 30A of the General Laws. F. Any costs of impoundment will be borne by the owner absent 'a contrary decision by the hearing committee or the .courts. This provision shall not apply if the threat, damage or injury was sustained by a person committing a crime, or was provoked by a person cruelly abusing the dog or other animal. G. Any dog or other animal, whether or not it has been declared vicious or potentially vicious, which attacks a person and thereby caused death or serious bodily injury will be impounded and quarantined for the proper period of time for rabies, observation. A summons shall be issued to the owner of such dog or other animal. The dog or other animal must be destroyed within ninety (90) days unless an appeal is taken by the owner involved to the hearing committee withing thirty (30) days of the impoundment. Any determination by the hearing committee shall be final and bi'nd'ing subject to appeal only under the provisions of chapter 30A of the General Laws. H. During such period, the dog or animal will be publicly impounded, have a micro chip inserted with the shelter information not the owner and all cost associated with the impoundment and micro chip will be paid by the owner. 1. This provision shall not apply if the threat, damage, or injury was sustained by a person who was committing a crime, or was provoked by a person cruelly abusing the dog or other animal. J. An owner may transport a vicious dog or potentially vicious or other animal within city limits for medical or veterinary care provided said animal is properly restrained by being both muzzled and leashed,. with the leash not to'exceed the length of six (6) feet. K. Any person under whose name a vicious dog or potentially vicious or other animal is licensed, shall at all times that he or she possesses the dog or other animal, maintain in full force and effect, a liability insurance policy of at least one hundred thousand dollars ($100,000) for the benefit of the public safety. A certificate of insurance from the liability insurance company shall be filed with the city clerk's office. L. Owners of a vicious dog or potentially vicious or other animal found within the city of Springfield and not properly licensed shall be subject to a fine of one hundred dollars ($100.00). M. Each day or part of a day there exists a violation of any of the provisions of this ordinance shall constitute and be punishable as a separate offense. N. Compliance with the requirements of this chapter shall not be a defense to an order of disposal for a vicious dog or potentially vicious pursuant to Chapter 140, section 157 of the General Laws. 3dC b 0. Special hearing committee. There is hereby established a "special hearing committee" (hereinafter the "hearing committee") that shall consist of five (5) members; the city clerk or designee, the chief of police or designee, the president of the city council or designee, the president or designee of the Springfield kennel club, and a member of the Thomas J. O'Connor's Animal Control Center ("center") or its successor- advisory board. The hearing committee members will elect a chairperson and such other officers as they may deem necessary and shall meet at least monthly or as needed. 1. All members shall be a resident of the city; and 2. 'Hold hearings to determine whether a dog or other animal is vicious or potentially vicious in the city. 6.04.030 Control of doas and other animals. A. No owner shall fail to exercise proper care and control of his animals to prevent them from becoming a public nuisance. B. Every female dog in heat shall be confined in a building or enclosure in such a manner that such female dog cannot come in contact with a male dog except for planned breeding. C. It shall be unlawful for any owner to keep, harbor or maintain on or off their premises any vicious or potentially vicious dog or domestic animal, unless such dog or domestic animal is within the owner's house, in a secure enclosure; on physical restraint or unless such dog or domestic animal is under the control. of a law enforcement officer on or about their official duties. Ariy ciorriestic animal found in violation' hereof shall be immediately impounded. A summons shall be issued to the owner of the dog or domestic animal. D. It shall be unlawful for any person owning, keeping, harboring, or possessing any cats, rabbits, horses, goats, llama, buffalos, hogs, sheep, cattle, or other animals, chickens, ducks, geese or any other birds or poultry, to permit or allow the same to go at large any time within the limits of the city, to the damage or annoyance of any of the residents of the city. The keeping of wild animals must meet all requirements of Massachusetts General Laws and federal laws. 6.04.040 Doas on school premises. A. Notwithstanding any other. ordinance, rule or regulation to. the contrary, no person either the. owner or keeper of a dog or other animal shall allow his dog or other animal to be upon any school grounds, between the hours.of eight (8:00) a.m. to four (4:00) p.m. on any day that schools are in session or during any athletic event or contest, regardless of the time of day or whether school in session or not (except for a school team mascot or service dogs). . B. Any owner or keeper of a dog or other animal who fails to comply with the provisions of this ordinance shall be subject to a non-criminal ticket in the amount of fifty ($50.00) dollars. The police department, animal control officers and humane officers may enforce this ordinance. Further, any police officer, animal control officer or humane officer may remove the offending dog or other animal to a suitable animal shelter and any charges to recover said animal shall be payable by the said owner or keeper. 3d7 7 6.04.050 Removal of doa waste. A. The owner of every dog or person(s) who possess or control the dog or other animal shall be responsible for the removal of any fecal matter deposited by his animal(s) on public walks, recreation areas or private 'property. "Owner" includes person(s) who possess or control the dog. B. The owner or person(s) who possess or control the dog or other animal when appearing with the dog on any public walk, street, recreationarea or private property shall possess the means of removal of any fecal matter left by such dog or other animal. C. For the purposes of this ordinance, the means of removal shall include any tool, implement or other device carried for the purpose of picking up or containing such fecal matter. Disposal shall be accomplished by transporting such fecal matter to a place suitable and regularly reserved for the disposal of human fecal matter specifically reserved for the disposal of dog or other animal fecal matter or otherwise designated as appropriate by the director of health-'a"nd human services. D. Any owner or person(s) who possess or control the dog or other animal who fails to comply with the provisions of this section shall be subject to a non-criminal ticket in the amount of fifty ($50.00) dollars. The police department, animal control officers, health and human services department and humane officers may enforce this ordinance. 6.04.060 Imooundment--Notice of violation and emergencv care. A. Any domestic animal determined to be a-nuisance by a police officer, or wildlife or animal control officer shall betaken by'the police, animal cortroi,officer or wiH'dIif6.control officer-and impoun~ed and confined in a humane manner. B. Unclaimed impounded domestic animals or nuisance animals must be kept for .not less than ten (10) days, after which if not reclaimed, adopted or released for adoption, the impounded domestic or nuisance animals may be humanely euthanized. The city shall not be liable for any disposition of such animals in accordance with this ordinance.. If not reclaimed, adopted or released for adoption after a reasonable length of time, as determined by the animal control authorities involved, the domestic or nuisance animals shall be humanely euthanized. C. If by a license tag or by other means the owner of the impounded animal can be identified, the animal control officer involved, immediately upon impoundment, or as soon as practical thereafter, shall attempt to notify the owner by telephone or by prepaid certified mail. D. An owner claiming an impoundment animal shall pay reasonable fees and expenses as the city, hearing committee or the center may from time to time adopt or approve by appropriate administrative ordinance or resolution. It is the intent that all costs, including medical care, for care of an impounded animal area to be the responsibility of the owner of the animal. E. Minimal emergency medical care means: 1. Any sick or injured animal found at large within the city may be taken to any veterinarian for minimal emergency care or euthanasia; in which case the veterinarian shall notify the animal control center, or animal control officer immediately. 2. If the owner of such animal can be identified, the animal control officer shall. attempt to notify the owner immediately or as soon as practical thereafter. In any case, 3d8 8 such owner shall be liable for any expense incurred with respect to such animal. 3. If the owner of such animal cannot be identified within twenty-four (24) hours, the animal shall become the property of the impounding authority. If, during the initial twenty-four (24) hour period, it is recommended, in writing, by a veterinarian that the animal is in such pain and has no reasonable hope of recovery, the animal may be humanely euthanized. The city shall not be liable for any expense with respect to such animal at any time unless expressly authorized by the city or its agents. 4. If after minimal emergency care such. animal can be safely impounded, the animal control officer may impound such animal subject to disposition in. accordance with this ordinance. 6.04.070 Animal care. A. Every owner shall provide his animals with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and provide humane care and treatment. B. No person shall beat, cruelly treat, torment, overload, overwork, or otherwise abuse an animal, or cause, instigate or permit any dogfight, cockfight, or bullfight, or any .other combat between animals or between animals- and humans. C. No owner of an animal shall abandon such animal. D. Chickens or ducklings younger than eight (8) weeks of age shall not be sold by any person in quantities of less than twenty-five (25). E.,- No..person shall.give away any live animal,. reptile, fish.,. or bird as. a.,prize. for, or as an inducement to enter, any contest, game or other competition;.o.r as" an inducement to enter, any place of amusement; or.offer any vertebrate as an incentive to enter into any ' business agreement wherein the offer was for the purpose of attracting trade. F. No person shall expose any known poisonous substance, whether mixed with food or not, so that the same shall be liable to be eaten by an animal, provided that it shall not be unlawful for a person to expose to his own property.common rat poison mixed only with vegetable substances. G. The animal control officer, a health and human services employee, or any humane officer or police officer may initiate before a district court judge a search warrant for any premises upon a showing of probable cause to. believe that a violation of any provision of this chapter is occurring or has occurred within a reasonable time thereon; and take charge of and impound the animals or fowl involved in such violations. The matter of disposition of any such animal shall be determined by a district court judge. 6.04.080 Keepina wild animals. A. No person shall keep or permit to be kept on his premises any wild or vicious animals for display or for exhibition purposes, whether gratuitously or for a fee. This section shall not be construed to apply to zoological parks, performing wild animal exhibitions or circuses. . B. No person shall keep or permit to be kept on his premises any wild animal as a pet. C. The animal control officer may issue a temporary permit for the keeping of any wild animals native to this area which has been deemed to be homeless and incapable of survival in the wild. 3d9 9 D. The animal control officer shall have the power to release or order the release of any wild animal kept under temporary permit which is deemed to be capable of survival in the wild. 6.04.090 Animal control officer. The city shall designate an animal control officer and deputy animal control officers and/or shall delegate such responsibility and authority to the center, or like facility, whose primary responsibilities shall include*the enforcement and implementation of this ordinance or any rules and regulations promulgated thereunder. The animal control officer shall coordinate and administer the activities involving the animal control program in accordance with any goals, policies, and procedures established by the Springfield city council or department of health and human services as the circumstances dictate, and shall be under the direction and supervision of the city clerk or the mayor. 6.04.100, -Issuance of citations. A.. Police officers, domestic or wildlife control officers and health and human services department officers, the animal control director involved or any duly appointed deputy, or a dog officer under his/her jurisdiction is hereby authorized to issue a citation to any individual who, in his/her opinion, is in violation of the terms and conditions of this chapter. Said fines may be contested to the hearing committee by filing a protest within ten (10) days of the date of the citation, with the- city clerk. The decision of the hearing committee shall be final and binding although subject to appeal under the provisions of chapter 30A of the General Laws: B. AL: docks or cats six (6) months.ef age or older.. Shall be_immt:nized;agaihst rabies by a licensed veterinarian. 'The- owner must have in his possession a. current vaccination certificate subject to the inspection of the animal control officer, or designated agent of the city. C. If any dog or cat has bitten any person or is suspected of having bitten any person, or is for any reason suspected of being infected with rabies, the animal control officer or the state animal inspector may cause such dog or cat to be confined or isolated for such period of time as he deems necessary. Confinement of the animal may be accomplished at an animal shelter, or at a private veterinary hospital and any charges incurred shall be the responsibility of the owner. 6.04.110 Advisorv committee. A. There is established in the city a committee to be known as the dog advisory committee hereinafter the "advisory committee." B. The advisory committee shall be composed of five (5) members; the city clerk or designee, the chief of police or designee, the president of the city council or designee, the president or designee of the Springfield Kennel Club, and a member of the Thomas J. O'Connor's Animal Control Center or its successor advisory board, -ail who shall be a resident of the city. C. The members of the advisory committee shall elect one .(1) 'member as a chairperson and such other officers as they may deem necessary. D. The advisory committee shall the right and duty to: 1. To meet monthly or at such times as the chairperson or a majority of the committee deems necessary. 2. To study, review and issue written reports on issues dealing with dogs and other animals in the city. 3. To make recommendations to the mayor and the city council for the O- 10 3 I ..1. 10 improvement of ordinances of the city as they relates to dog and other animals. 4. To act in an advisory capacity to the city council as it relates to the issues of dogs and other animals in the city. 6.04.120 Enforcement. The provisions of this chapter shall be enforced by the police officers, animal control officers, domestic or wildlife.. control officers and health and human services department officers. It shall be a violation of this chapter to interfere with any such person in the performance of their duties, or to take any animal from the person without designated authority. All enforcement officials shall verbally and electronically (i.e., fax/e-mail) their report of a violation, of . this ordinance to the center and the police department who shall be designated as the keeper of records for the purpose of the. public records laws. 6.040.130 Violations--Penalties. For violations not set forth in the chapter the penalties shall apply. A. Criminal disposition. A person: who violates a provision of this chapter is guilty of a separate offense for each day or part, of a day during which the violation is committed, continued, or permitted.. Each offense, upon conviction, is punishable by a fine not to exceed three hundred dollars ($300). B. Noncriminal disposition. Any person who violates any provision of this chapter maybe penalized by a noncriminal disposition as provided for under chapter 1.16.010. This chapter shall be enforced by police' officers, animal control officers, domestic or wildlife control officers and health and human services officers. The penalty for each violation shall be fifty dollars ($50) for each-day or part of a. day.during which the:violation is-committed, continued, or permitted. APPROVED: November 14, 2001 EFFECTIVE: December 5, 2001 AT'T'EST: CITY CLERK, A TRUE CO ATTEST CITY CLERK 3A ti +REFILE OF PREVIOUS MATTER: BILL #4033: OF YEAR 2003: The Commonwealth of Massachusetts m 'd IN THE YEAR TWO THOUSAND FIVE Wp AN ACT RELATIVE TO DOGS Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: Chapter 140 of the General Laws is hereby amended by inserting after section 157 the following four sections: Section 157A. "Potentially dangerous dog" means any of the following: Any dog, regardless of breed, breeding, type or appearance, which, when unprovoked, on two separate occasions within the prior 36 month period, engages in any behavior that requires a defensive action by a domestic animal to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog. Any dog, regardless of breed, breeding, type or appearance, which, when unprovoked, on two separate occasions within the prior 36 month period, has killed, seriously bitten, inflicted serious injury upon, or attacked a domestic animal off the property of the owner or keeper of the dog. "Vicious dog" means any of the following: Any dog, regardless of breed, breeding, type or appearance, which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being. Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in paragraph (a) of section 157B or is maintained in violation of paragraph (b) of said section 15713. Section 157B. (a) No dog may be declared potentially dangerous or vicious if any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon, premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime. No dog may be declared potentially dangerous or vicious if the dog was protecting or defending a person within the immediate vicinity of the dog from Iy. 3 d' an unjustified attack or assault. No dog may be declared potentially dangerous or vicious if an injury or damage was sustained by a domestic animal which at the time the injury or damage was sustained was teasing, tormenting, abusing, or assaulting the dog. (b) No dog may be declared potentially dangerous or vicious if the injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog. Section 157C. If there are no additional instances of the behavior described in section 157A within a 36 month period from the date of designation as a potentially dangerous dog, the dog shall be removed from the list of potentially dangerous dogs. The dog may, but is not required to be, removed from the list of potentially dangerous dogs prior to the expiration of the 36 month period if the owner or keeper of the dog demonstrates to the animal control department that changes in circumstances or measures taken by the owner or keeper, such as training of the dog, have mitigated the risk to the public safety. Section 157D. Nothing in this chapter shalt be construed to prevent a city or county from adopting or enforcing its own program for the control of potentially dangerous or vicious dogs that may incorporate all, part, or none of this chapter, or that may punish a violation of this chapter as a misdemeanor or may impose a more restrictive program to control potentially dangerous or vicious dogs, provided that no program shall regulate these dogs in a manner that is specific as to breed. 3J 13 i MHSSFCO Massachusetts Federation of Dog Clubs and Responsible Dog Owners www.massfeddogs.org SUPPORT H3563 - State Wide Dangerous Dog Bill (Rep. Hall) Problem: Massachusetts's residents need to be protected from dog attacks. All dogs are capable of biting. Laws tend to be enacted in response to specific dog bite events. Under these circumstances (high on emotion and short on time) it is difficult to create laws that are fair, effective and enforceable. There are currently no standards for determining what a dangerous or potentially dangerous dog is. What the Bill Does: This bill gives animal control officers throughout the state a much-needed tool to identify danger- ous and potentially dangerous dogs. Owners are also on notice of what behaviors are considered dangerous or potentially dangerous. Once animal control officers have identified and categorized dangerous and potentially dangerous dogs, they must follow specific rules in order to keep them from endangering anyone. Owners are also given due process and a procedure related to having their dog declared dangerous or potentially dangerous. In general a dog only becomes a threat when it has an irresponsible owner. By including due process, responsible owners are not held paying the price for the irresponsible owners. Why should you vote for this Bill: This bill contains a well-researched solution to dog attacks. It has not been created as quick re- sponse to an attack, but rather as a preventative solution that has received extensive research and feed back from the canine experts throughout the country. This bill has the support of the American Kennel Club, the American Dog Owners Association and The Massachusetts Federation of Dog Clubs and Responsible Dog Owners and the National Animal InterestAlliance. This bill will put in place a law that is fair, enforceable and most importantly effective. For More Information: Massachusetts Federation of Dog Clubs and Responsible Dog Owners Holly Stump, Board Member; Hollystump@Hickoryhillkennel.com; 978-356-1644 Charlotte McGowan, Legislative Liaison; cmcgowan2@comcast.net; 617-527-3450 s Saw PETITION - HOUSE CHIEF SPONSOR: Representative HILL of IPSWICH (Note in this space if'petition is `By Request') To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled. The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill or resolve. PETITIONERS: LEGISLATOR/CITIZEN I DISTRICTMULL MAILING ADDRESS Use "TABLE > INSERT > ROWS BELOW" to add more lines for petitioners' signatures. 3 .6t I SON,% 3 3 0 ~o OFRF9o~ ' Town of Reading y 16 Lowell Street Reading, MA 01867-2686 ~1NC0(4~ FAX: (781) 942.9071 Email: townmanager@cl.reading.ma.us MEMORANDUM TO: Board of Selectmen CPDC FROM: Peter I. Hechenbleikner DATE: November 10, 2005 RE: Cul-de-Sacs TOWN MANAGER (781) 942.6643 Please see the attached memo from the Planning Commission regarding the Board's position on islands in cul-de-sacs. Time is somewhat of the essence on this matter because there is a subdivision hearing later this month that will be affected by the Board's direction on this matter. The question is whether or not we should, as a matter of course, have planted islands within cul- de-sacs. The disadvantages to these islands are that they make snow plowing more difficult in the Winter time, and that it is not always clear who is responsible for maintaining them. Clearly, the Town does not have the capability to maintain these islands throughout the community. The advantages are aesthetic, and reduction in paved surface. I'm sure the Board knows of a number of locations around the community where there are large unpaved cul-de-sacs, and other situations where there are landscaped and maintained cul-de-sacs. It is my opinion that we should continue with the process of properly designed landscaped islands in the cul-de-sacs, and that the Planning Commission needs to make sure in their planning decisions that the maintenance responsibility for these cul-de-sacs is properly delegated to abutters. My experience with most of these islands throughout the community is that they are very well maintained by the abutters, and that they are very attractive features within the community. Although they may be a little bit harder to maintain during the Winter season, during the other seven to nine months of the year, they do provide attractive relief from the suburban "sea of asphalt." PIH/ps Attachments 3,~,z t - Town of Reading 16 Lowell Street Reading, MA 01867-2683 Phone: 781-942-6612 Fax: 781-942-9071 Email: caeilly@6reading.ma.us Community Planning and Development Commission 4 November, 2005 Camille Anthony, Chair Reading Board of Selectmen 16 Lowell Street Reading, MA 01867 Re: BOS Policy/Position on Landscape Islands in Proposed Subdivision Cul de Sacs Dear Ms. Anthony: The CPDC is requesting the BOS policy/position on the provision of landscape islands in proposed subdivision cul de sacs. Several recent subdivision applications have proposed these islands for one or more of the following reasons: to reduce impervious area, to reduce costs, to meet Aquifer Protection District requirements or to improve drainage. The CPDC has received DRT testimony from the DPW that these islands impede plowing. Additional concerns include maintenance of the island and turning clearance for public safety equipment. Of course the CPDC supports preservation and the addition of landscaping whenever practical, but given the' testimony above the CPDC requests input from the BOS, as Road Commissioners, on whether the apparent benefits outweigh these concerns. Applicants have indicated that a Homeowners Association could be made responsible for maintenance of the island, that the radius of the cul de sac could be increased to accommodate public safety vehicles, and that pervious pavers could be used to support plowing operations. The CPDC currently has before it a definitive subdivision application for property addressed at 175 Franklin St. that proposes such an island. The public hearing has been continued to November 28 to solicit the opinion of the BOS on this matter. Any response to the Town Planner by November 23 would be greatly appreciated. C:\My Documenks\CPDC\correspondence\BOSre_subis)and.doc TOWN OF READING COMMUNITY PLANNING AND DEVELOPMENT COMMISSION If you have any questions, please contact us through our staff, Chris Reilly. gards, g hn Sasso Chairperson, CPDC Cc: Chris Reilly, Town Planner Page 2 of 3 Page 1 of f C - Hechenbleikner, Peter From: Camille Anthony [canthony@ftmc.net] Sent: Friday, October 28, 2005 12:59 PM To: Hechenbleikner, Peter Cc: Tafoya, Ben Subject: FW: Financial Forum Pete: Could we schedule a Nov session and include this e-mail in the packet? Camille Anthony -----Original Message----- From: Ben [mailto:ben@planetnw.com] Sent: Thursday, October 27, 2005 4:03 PM To: Camille Anthony Subject: RE: Financial Forum Maybe we should just take an hour at a meeting in November (unless you and Rick think this would take longer) and ask Peter to prepare a discussion on the process. Since James and I have not gone through this it would be very helpful. If we all agree on the process then there will not be any misunderstandings about how and when the BOS gets involved. From: Camille Anthony [mailto:canthony@ftmc.net] Sent: Thursday, October 27, 2005 3:07 PM To: 'Ben Tafoya' Subject: RE: Financial Forum Definitely! Probably we need a separate meeting. Any thoughts? Camille Anthony -----Original Message----- From: Ben Tafoya [mailto: ben@ planetnw.com] Sent: Thursday, October 27, 2005 2:02 PM To: Camille Anthony Subject: FW: Financial Forum How are you today? Do you think we should try to have a discussion of the process this year before this? Ben Tafoya Planet Networks Inc. 315 Main Street, Suite 205 Reading, MA 01867 www.planetnw.com 10/28/2005 Budget Calendar for FY2007 As of November 10, 2005 All dates are Wednesday, unless otherwise specified: October 28, 2005 Preliminary department budgets submitted November, 2005 FY2007 budgets collected & formatted December 7, 2005 . Financial Forum December/January Board of Selectmen meetings with Departments on budget requests February 15, 2006 FINCOM budget meeting #1- Overview February 22, 2006 FINCOM budget meeting #2 - Departments March 1, 2006 FINCOM budget meeting #3 - Departments March 8, 2006 FINCOM budget meeting #4 - Departments March 15, 2006 FINCOM budget meeting #5 - Fin & Cap Summary March 22, 2006 FINCOM budget meeting #6 - Extra Session April 24, 2006 Annual Town Meeting begins (Monday) Budget Guidelines: Expense increases should be kept to a minimum. We expect to see significant increases in fuel and expenses affected by the price of fuel, but overall, we do not expect to see more than a 2 %a% increase unless there is a detailed rationale. For example, there may be multi-year contracts in place that need to be described in the Comments section of your budget worksheet if the terms require a significant increase. When budgeting for fuel, you should consider the number of gallons your department has used on an annual basis in the past and multiply that by $2.44, the most recent cost per gallon. Format Changes: The Finance Committee requested that the budget narrative include comments describing any programs or expense issues that may cause a change in your budget looking forward a year or two. In addition, we will calculate and show a one-year change from Recommended FY07 versus Adopted FY06. Enhancements: We will use charts and graphs where appropriate to enhance the ability to see the broader picture. VFZ- FAX: (781) 942.9071 Email: townmanager@ci.reading.ma.us Town of Reading 16 Lowell Street Reading, MA 01867-2686 MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner 1 _ DATE: November 10, 2005 RE: CONFIDENTIAL - Eaton TOWN MANAGER (781) 942-6643 Nancy Eaton is a former member of the Conservation Conunission. She was removed from the Commission by the Board of Selectmen following a public hearing. Nancy has sued the Town. The case went to Superior Court, and went to the Appellate Division. The Appellate Division remanded it back to Superior Court. The case is still active. J Attached is a part of the pre-trial material outlining proposed conditions of settlement from Eaton's attorney. Their demand is for $50,000 as noted. I have talked with the Town's attorney Brody, Hardoon, Perkins and Kesten, LLP. They have done a lot of defense work for the Town through our insurance carrier. They have recommended approval by the Board of Selectmen of settlement authority in a lump sum up to $30,000. I have indicated to them that any settlement should be lump sum and not damages, emotional distress, etc. I have also indicated that the language regarding consideration.. for the Conservation Commission should be omitted if possible. Also attached is a copy of the demand for additional documents from the Town. If this case can be settled, it should. PIH/ps Attachments yck\ 11/08/05 14:40 FAX 6178807171 BRODY HARDOON PERKINS KE BRODY, HARDOON, PERKINS & KESTEN, LLP ATTORNEYS AT LAW ONE EXETER PLAZA BOSTON, MA 02116 (617) 880-7100 FACSIMILE (617) 880-7171 FACSIMILE TRANSMISSION SHEET DATE: 11108105 RE: Eaton v. Reading TOTAL NUMBER OF PAGES (INCLUDING THIS SHEET) TO: Peter I. Hechenbleikner - Town Manaaer FAX NO.: (781) 942-9070 FROM: Tudv Levenson COMMENTS vt,J. uu1 I enclose the plaintiff's settlement demand, as you requested. I will ask the plaintiff's attorney if he will give us a further extension to respond to the document request until after November S. Please call if you have any questions. Thank you. The document included with this facsimile transmittal sheet contain information from the law firm of Brody Hardoon, Perkins & Kesten, which is confidential and/or privileged. This information is intended to be for the use of the addressee named on this transmittal sheet. If you are not the addressee, note that any disclosure, photocopying„ distribution or use of the contents of this faxed information is prohibited. If you have received this facsimile in error, please notify us by telephone (collect) immediately so that we can arrange for the retrieval of the original documents at no cost to you. qhZ. 11/08/05 14:41 FAX 6178807171 BRODY HAMMUIN rhxn.inb At WJVVc 19. Other Conservation Commission Members who served with Plaintiff Richard D1. Howard, 21 Kiernan Road, Reading (from Community Planning Development Commission - testified at hearing) 20. Benjamin Nichols, 25 Avon Street, Reading 21. Jonathan Edwards, Director of Planning & Zoning, Hanover, NH (former Town Planner, Reading) 22. Ellen Grossman, Esq., 27 Water Street, Wakefield, MA 23. Kendra Cooper, Reading. 24. Linda Phillips, Reading. 25. Town Clerk Cheryl Johnson, Town Hall, 16 Lowell Street, Reading (mainly as keeper of the records) 26. All persons listed by defendants below or in any amendment 27. All experts listed below who are also fact witnesses B. Defendants' Witnesses In addition to reserving the right to call the witnesses listed by the Plaintiff above, the Defendants list the following witnesses: 1. Sally Hoyt, Reading 2. W. Bruce MacDonald, Reading 3. David H. Barrett 4. Russ Dean, Reading 5. EXPERT WITNESSES None 6. ESTIMATED LENGTH OF TRIAL The parties estimate that trial of this matter will take 5-7 days. 7. SETTLEMENT The plaintiff demands payment of $50,000, consisting of out-of-pocket attorneys fees in the amount of $20,000 (less than. $1,000 of which is still to be incurred but imminent), plus $10,000 for emotional distress and $20,000 ($5,000 from each defendant who voted to oust plaintiff) for exemplary damages. She also demands unbiased consideration by the Selectmen for the next opening on the Conservation Commission. 18 3 10/31/05 11:59 FAX 6178807171 BRODY HARDOON PERKINS KE Brody, Hardoon, Perkins Kesten, LLP Attorneys at Law Richard E. Brody One Exeter Plaza Laurence E. Hardoon Boston, Massachusetts 02116 Samuel Perkins Leonard H. Kesten Jocelyn M. Sedney Telephone 617-880.7100 Facsimile 617-880.7171 Of Counsel: www.bhpkiaw.com Cheryl A. Jacques Maria E. DeLuzio October 31, 2005 Via Facsimile - (781) 942-9070 - 5 total pages And First Class Mail Peter I. Hechenbleikner Town Manager Town of Reading 16 Lowell Street Reading, MA 01867 RE: Nancy L. Eaton VS:- Board of Selectmen of the Town of Reading, et al Civil Action No. 01-4772 . Dear Mr. Hechenbleikner: 1Vj uutiuvo Jeremy 1. Silverfine .Sherri Gilmore Bunick Deidre Brennan Regan Deborah I. Ecker. Djuna E. Perkins Thomas P. Campbell Peter E. Montgomery Andrew S. Brooslin Kristin Tyler Harris Administrator: Elizabeth L. Joyce C:): r; v na I believe you may have spoken recently with your insurer's representative; MaLtreeri MacDonald, about the status of this case. I.enclose a ..copy of requests for production of documents that we have received. Please contact me as soon as possible to discuss these as the plaintiff has given, us until Friday, November 4, 2005 to respond. Thank you for your anticipated courtesy and cooperation. Sincerely, . Judy A evenson JAL/ gs Enclosures 10/31/05 11:59 FAX 6178807171 BRODY HARDOON PERKINS KE ..UUL1UVa COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. NANCY L. EATON V. Plaintiff, BOARD OF SELECTMEN OF THE TOWN OF READING, et al. Defendants. Superior Court Department Civil Action No. 2001-4772 PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS FROM EACH DEFENDANT AND PUBLIC RECORDS REOUEST Pursuant to Mass. R. Civ. P. 34 and the Massachusetts Public Records Act, the plaintiff, Nancy Eaton, requests that the defendants, and each of them, produce the following documents within 33 days at the offices of Anderson & Kreiger, 43 Thorndike Street, Cambridge, Massachusetts 02141: Nancy Eaton's entire personnel file or folder (however titled). 2. If not included within item 1, any file entitled "Nancy Eaton" or equivalent, or containing materials regarding her tenure as an official, board member or employee of the Town of Reading. 3. All minutes reflecting designation of Nancy Eaton as liaison to the Board of Selectmen or other Town boards, including but not limited to such designation in connection with any matter pending before the Massachusetts Department of Environmental Protection in which the School Department was also involved ("DEP Matter"). 4. All letters signed by or on behalf of the Conservation Cora nission regarding any D:EP Matter, whether signed by Nancy Eaton, the Conservation Administrator or other member or representative of the Conservation Commission. 5. All documents concerning Ms. Eaton's reference to herself as Acting Conservation Administrator. 10/31/05 12:00 FAX 6178807171 BRODY BARDOON PERKINS KE LgJuu31uu5 6. All correspondence, communications or other documents reflecting commimication between any or all of the defendants and Ms. Eaton (excluding items filed in the certified record in this matter) 7. All documents discussing or concerning Nancy Eaton's job performance on the Conservation Commission (excluding items filed in the certified record in this matter) 8. All documents concerning statements made by Nancy Eaton to the Town Meeting or Selectmen (excluding items filed in the certified record in this matter). 9. All e-mails to and from Nancy Eaton concerning or responding to any request for a meeting with Ms. Eaton regarding her performance on the Conservation Commission 10. All notes and other records of phone messages concerning or responding to any request for a meeting with Ms. Eaton regarding her performance on the Conservation Commission. 11. All documents concerning any executive sessions concerning Ms. Eaton, including any and all minutes that are not privileged. 12. All documents regarding vacancies on the. Conservation or the tenure of members on the Conservation Commission, including lists of the names of Conservation Commission members, dates of appointment, term of office, dates of resignation/termination, and vacancies. ]DEFINITIONS AND INSTRUCTIONS As used herein, the terms "communication," "document;" "concerning," and "person" shall have the same meanings as provided in the United States District Court for the District of Massachusetts' Local Rule 26.5, which meanings are hereby incorporated by reference. These requests are subject to the requirements of Mass. R. Civ. P. 26(e) in that the answers shall be supplemented or amended as soon as practicable after new or additional responsive information is obtained. If any documents responsive to any of the. numbered requests set forth below have been destroyed, please describe such documents and state the approximate dates of the 2 yAb 10/31/05 12:00 FAX 6178807171 BRODY HARDOON PERKINS KE vt,~.uu4iuua destruction of such doculnents,.the names of the person(s) who destroyed such documents, and the reasons why the documents were destroyed. If you contend that any requested document is privileged or otherwise not. subject to discovery, or if any requested document is withheld for any other reason, please: (I) State the name and address of each signatory to the document and the capacity in which each signed; (ii) State the date of the document; '(iii) State the name of each addressor or author of the document and the capacity in which each was acting, at the time he or she addressed or created the document. (iv) State the name of each addressee of the document (including-all persons to whom copies were sent or from whom such copies were received). (v) Set forth the nature (e. g,, note; memorandum, letter) and subject matter of the document; and (vi) Set forth the specific grounds or reasons asserted for withholding the documents. The Plaintiff, By her orney, Dated: September 19, 2005 Po glas fl. Wilkins 3.0 #528000) .ANDERSON & KREIGER LLP 43 Thorndike Street Cambridge MA 02141 (617) 252-6575 3 q1'11 10/31/05 12:00 FAX 6178807171 BRODY HARDOON PERKINS KE tgjU05iuu5 CERTIFICATE OF.SERVICE I certify that I served Plaintiff's First Request for Production of Documents from Each Defendant and Public Records Request on the defendants by mailing copies first class, postage prepaid, to defendants' counsel. at the address below: Deborah I. Ecker, Esq. Joan Langsam, Esq. Brody, Hardoon, Perkins & Kesten, LLP Brackett and Lucros One Exeter Plaza, 165 Washington Street, Boston, MA 02116 Winchester, MA 01890 Signed under the penalties of perjury this 19th day of September, 2005. Do glas H. Wilkins J'qV R~q FAX: (781) 942.9071 Email: townmanager&l.reading.ma.us TO: Board of Selectmen Town of Reading 16 Lowell Street Reading, MA 01867-2686 MEMORANDUM FROM: Peter I. Hechenbleikner a DATE: November 10, 2005 RE: CONFIDENTIAL - Eaton TOWN MANAGER (781) 942.6643 Nancy Eaton is a former member of the Conservation Commission. She was removed from the Commission by the Board of Selectmen following a public hearing. Nancy has sued the Town. The case went to Superior Court, and went to the Appellate Division. The Appellate Division remanded it back to Superior Court. The case is still active. Attached is a part of the pre-trial material outlining proposed conditions of settlement from Eaton's attorney. Their demand is for $50,000 as noted. I have talked with the Town's attorney Brody, Hardoon, Perkins and Kesten, LLP. They have done a lot of defense work for the Town through our insurance carrier. They have recommended approval by the Board of Selectmen of settlement authority in a lump sum up to $30,000. I have indicated to them that any settlement should be lump sum and not damages, emotional distress, etc. I have also indicated that the language regarding consideration for the Conservation Commission should be omitted if possible. Also attached is a copy of the demand for additional documents from the Town. If this case can be settled, it should. PIH/ps Attachments YON W, v 1 19. Other Conservation Commission Members who served with Plaintiff Richard D. Howard, 21 Kiernan Road, Reading (from Community Planning Development Commission testified at hearing) 20. Benjamin Nichols, 25 Avon Street, Reading 21. Jonathan Edwards, Director of Planning & Zoning, Hanover, NH (former Town Planner, Reading) 22. Ellen Grossman, Esq., 27 Water Street, Wakefield, MA 23. Kendra Cooper, Reading. 24. Linda Phillips, Reading. 25. Town Clerk Cheryl Johnson, Town Hall, 16 Lowell Street, Reading (mainly as keeper of the records) 26. All persons listed by defendants below or in any amendment 27. All experts listed below who are also fact witnesses B. Defendants' Witnesses In addition to reserving the right to call the witnesses listed by the Plaintiff above, the Defendants list the following witnesses: 1. Sally Hoyt, Reading 2. W. Bruce MacDonald, Reading 3. David H. Barrett 4. Russ Dean, Reading 5. EXPERT WITNESSES None 6, ESTIMATED LENGTH OF TRIAL The parties estimate that trial of this matter will take 5-7 days. 7. SETTLEMENT The plaintiff demands payment of $50,000, consisting of out-of-pocket attorneys fees in the amount of $20,000 (less than $1,000 of which is still to be incurred but imminent), plus $10,000 for emotional distress and $20,000 ($5,000 from each defendant who voted to oust plaintiff) for exemplary damages. She also demands unbiased consideration by the Selectmen for the next opening on the Conservation Commission. 18 3 qq COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. NANCY L. EATON Plaintiff, V. BOARD OF SELECTMEN OF THE TOWN OF READING, et al. . Defendants. Superior Court Department Civil Action No. 2001-4772 PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS FROM EACH DEFENDANT AND PUBLIC RECORDS REOUEST, Pursuant to Mass. R. Civ. P. 34 and the Massachusetts Public Records Act, the plaintiff, Nancy Eaton, requests that the defendants, and each of them, produce the following documents within 33 days at the offices of Anderson & Kreiger, 43 Thorndilce Street, Cambridge, Massachusetts 02141: 1. Nancy Eaton's entire personnel file or folder (however titled). 2. If not included within item 1, any file entitled "Nancy Eaton" or equivalent, or containing materials regarding her tenure as an official, board member or employee of the Town of Reading. 3. All minutes reflecting designation of Nancy Eaton as liaison to -the Board of Selectmen or other Town boards, including but not limited to such designation in connection with any matter pending before the Massachusetts Department of Environmental Protection in which the School Department was also involved ("DEP Matter"). 4. All letters signed by or on behalf of the Conservation Conunission regarding any DEP Matter, whether signed by Nancy Eaton, the Conservation Administrator or other member or representative of the Conservation Commission. 5. All documents concerning Ms. Eaton's reference to herself as Acting Conservation Administrator. N destruction of such documents,. the names of the person(s) who destroyed such documents, and the reasons why the documents were destroyed. If you contend that any requested document is privileged or otherwise not. subject to discovery, or if any requested document is withheld for any other reason, please: (1) State the naive and address of each signatory to the document and the capacity in which each signed; (ii) State the date of the document; (iii) State the name of each addressor or author of the document and the capacity in which each was acting, at the time he or she addressed or created the document. (iv) State the name of each addressee of the document (including-all persons to r whole copies were sent or from whom such copies were received). v Set forth the nature (e.g., note; memorandum, letter) and subject matter of the document; and (vi) Set forth the specific grounds or reasons asserted for withholding the documents. The Plaintiff, $y her orney, Dated: September 19, 2005 P glas H. Wilkins I Elb #528000) ANDERSON & KREIGER LLP 43 Thorndike Street Cambridge NIA 02141 (617) 252-6575 3 qA1 gZe ~a~; rcczrzure ~i t ~G 9 de~L`~ w cy~ dLOf(.,m a~~e~z~c~eiaGa~ure0 r a p , WirtcGOLGS°70~~? ~;t 1 20'" MIDDLESEX DISTRICT BRADLEY H. JONES, JR. READING • NORTH READING STATE REPRESENTATIVE LYNNFIELD • MIDDLETON MINORITY LEADER ROOM 124 TEL. (617) 722-2100 Rep.BradleyJones@hou.state.ma.us John Feudo, Recreation Director Town of Reading Reading Town Hall 16 Lowell Street Reading, MA 01.867 Kevin Sullivan, Recreation Committee Chairman Town of Lynnfield Lynnfield Town Hall 55 Summer Street Lynnfield, MA 01940 Dear Municipal Recreation Directors: October 31, 2005 Nancy McMillan, Recreation Director Town of North Reading North Reading Town Hall 235 North Street North Reading, MA 01864 Gary L'Abby, Recreation Commission Chair Town of Middleton Memorial Hall 48 South Main Street Middleton, MA 01949 I recently obtained some information about a company, GameTime Playground and Park Equipment, which offers grants to Massachusetts cities and towns for the installation of new playground equipment, Copies of this information are enclosed for your review. Apparently, the program is intended for municipalities, groups and schools who have already begun fundraising towards a new project or who are looking to purchase new equipment. The company reportedly will match up to 50% of what an organization already has raised. If you are interested in a program like this for any of your municipal recreation projects, I encourage you to contact GanieTime for additional information and program details. And, as always, should there be any way my office can assist you with your recreation projects, please do not hesitate to contact me at your convenience. Sincere CM-j Chu ~ 94~A . Jones, Jr. v/Brad KitIVII /~v Mino Leader C encs. cc: Town Adlnlnlstrators, Reading, North Reading, Middleton & Lynnfeeld (w/o encs.) THE COMMONWEALTH OF MASSACHUSETTS / C 1.• ~c~ OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION DEPARTMENT OF ` TELECOMMUNICATIONS AND ENERGY • CABLE TELEVISION DIVISION ONE SOUTH STATION BOSTON, MA 02110 Telephone: (617) 305-3580 Facsimile: (617) 478-2590 E3 Ca October 31, 2005 s Chairman Board of Selectmen, Peter I. Hechenbleikner Town Hall 16 Lowell Street Reading MA 01867 Re: License Expiration Notice Dear Chairman: The records of the Cable Television Division ("Cable Division") of Department of Telecommunications and Energy, your cable television license with Comcast Cable Communications, Inc. expires on November 23, 2008. Federal law provides for a formal franchise renewal process that commences between thirty-six and thirty months prior to the current license's expiration date. You may on your own initiative commence proceedings to determine the cable-related needs of your community and to review Comcast Cable Communications, Inc.'s performance under the current license. This process is known as the ascertainment process. Should you choose to initiate ascertainment, you must notify the cable operator. Conversely, you may receive a notice from your cable operator invoking the formal renewal process, thereby requiring you to commence ascertainment within six months of receipt of the request. The Cable Division has prepared a Practical Guide to Cable Television License Renewal that may be downloaded from our web site at www.mass.gov/dte/cats. Through our Municipal Liaison, the Cable Division is available to advise you regarding your duties and rights during the renewal process. While we may not assist you with substantive negotiations, we would be happy to meet with you and/or your appointed CAC to discuss procedural requirements. If you would like to schedule a meeting or if you have any questions regarding the renewal process, please contact Brian Merrick at 617-305-3587, toll free 1-888-622-2588 or via e-mail at Brian.Merrick@state.ma.us. Sincerely, Alicia C. Matthews Director 36 month M,~2~~' 5~ ~I C S~5 GARY S. BRACKETT ELAINE M. LUCAS JOAN E. LANGSAM JOHN G. GANNON M. YVONNE GONZALEZ* JAMES T. MASTERALEXIS STEVEN C. FLETCIIER" ELLEN CALLAHAN DOUCETTE *Also Admitted in CT **Also Admitted in ME and CO WINCHESTER OFFICE 165 WASHINGTON STREET WINCHESTER MASSACHUSETTS 01890 781-729-1500 Fax 781-729-5444 E-Mail: LangsamJn@aol.com Please respond to the Winchester office r-.3 t.n C'.D November 3, 2005 ;tati Mr. Peter Hechenbleikner, Town Manager Town of Reading Town Hall 16 Lowell Street Reading, MA 01867 Re: Beacon Street Neighborhood Association, et al. v. Michael J. Larkin, Jr., et al. Civil Action No. MICVO1-3791 Dear Peter: In regard to the above-captioned matter, I have enclosed a copy of the Clerk's Notice and Order received from the court. The complaint has been dismissed. If you have any questions, please do not hesitate to contact me. JEL: sj s Enclosure cc: Members of the Zoning Board of Appeals Christopher Reilly, Town Planner BRACKETT & LUCAS COUNSELORS AT LAW 19 CEDAR STREET WORCESTER, MASSACHUSETTS 01609 508-799-9739 Fax 508-799-9799 E-Mail: bandl@pcplusol.net Very truly yours, Joan E. Langsam 4 cl' Commonwealth of Massachusetts County of Middlesex The Superior Court CIVIL DOCKET#: MICV2001-03791-J RE: Beacon Street Neighborhood Association et al v Larkin, Jr., Member Zoning Board Of Appeals Town Of Reading et al TO: Joan E Langsam, Esquire Brackett & Lucas 165 Washington Street Winchester, MA 01890 BY: CLERK'S NOTICE SEE ATTACHED COPIES. Dated at Cambridge, Massachusetts this 2nd day of November, 2005. Edward J. Sullivan, Clerk of the Courts BY: James Lynch Assistant Clerk Telephone: 617-494-4010 EXT 4274 Disabled individuals who need handicap accommodations should contact the Administrative Office of the Superior Court at (617) 788-8130 V cvdb1anknoUce_2.wpd 2810633 order cherubin COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Superior Court MICV2001-3791 Beacon Street Neighborhood Association et al Plaintiffs vs. Larkin, Jr., Member Zoning Board of Appeals Town of Reading et al Defendants JUDGMENT This cause came before the Court, Locke, J., presiding, upon a jury waived trial, and the Court having made Findings of Facts and Rulings of Law, IT IS ORDERED AND ADJUDGED: That the decision granting the comprehensive permit to Salamone by the Reading Zoning Board is hereby AFFIRMED and the complaint is hereby DISMISSED. Dated at Cambridge, Massachusetts this second day of November, 2005. By the Court, (Locke, J.) / Deputy Assistant'Clerk S'c3 COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, ss. SUPERIOR COURT DEPARTMENT Civil Action No. 01-3791 BEACON STREET NEIGHBORHOOD and others' VS. READING ZONING BOARD OF APPEALS2 FINDINGS OF FACT. RULINGS OF LAW. AND ORDER FOR JUDGMENT This case comes before the court.on the Beacon Street Neighborhood Association's (the "plaintiffs") appeal of a comprehensive permit granted to Angelo Salamone ("Salamone") by the Reading Zoning Board of Appeals (the "Board") pursuant to G.L. c. 40B, 20-23. In accordance with the Anti-Snob Zoning Act, the Board approved Salamone's application to construct 10 dwelling units of Affordable Housing at 45 Beacon Street, Reading, Massachusetts ("subject premises"). This case was tried before this court sitting without a jury on August 2, 2004. Three witnesses; Angelo Salamone, Paul Finnochio, a land surveyor hired by Salamone, and Edgar A. Bibeault, testified. In addition the parties introduced 78 documentary exhibits. After considering the testimony of the witnesses and reviewing the exhibits, this court makes the following findings of fact, rulings of law, and order for judgment. FINDINGS OF FACT G.L. c. 40B, the Anti-Snob Zoning Act, provides that communities are required to have a 'By Edgar A. Bibeault and Marie C. Bibeault as representatives, and John Joyce and Elizabeth Joyce, individually. 2Michael J. Larkin, Jr., John A. Jarema, and Susan K. Miller, as members, and Angelo Salome, individually. minimum of 10% of their housing stock dedicated as low and moderate income housing. The Town of Reading is deficient in the requirement of Commonwealth Communities to have 10% of their housing stock be.affordable as defined in G.L. c. 40B, § 21. The percentage of housing stock utilized in the Town of Reading for low to moderate income purposes is approximately 4.63p3, significantly below the 10% requirement. Accordingly, there is a recognized need for the development of affordable housing in the Town of Reading4. The Massachusetts Department of Housing and Community Development ("DHDC" ) has requirements for the administration, sale price, and demographic data related to affordable housing projects under a comprehensive permit. The New England Fund Program is a federal subsidiary program offered by the Federal Home Loan Bank Board to facilitate the development of affordable housing. A cap of 20% profit is required under the New England Fund Program. The plaintiffs, the Beacon Street Neighborhood Association, is an unincorporated association consisting of several families owning property abutting and in close proximity to the subject premises and is duly represented by Edgar A. Bibeault and Marie C. Bibeault. The plaintiffs, John Joyce and Elizabeth Joyce, in addition to being members of the Association, are also individuals residing at 890 Main Street in Reading, Massachusetts, and are abutters to subject premises. The defendants, Michael J. Larkin, Jr., John A. Jarema and Susan K. Miller, are 3Taken from the most recent DHCD Chapter 40B Subsidized Housing Inventory. 4This need is referenced in Section 4.0 of the Master Plan dated 1991, Town of Reading Massachusetts, adopted by the Community Planning and Development Commission October 7, 1991. individuals constituting the Reading Zoning Board of Appeals. The defendant Angelo Salome is the owner of the subject premises and applicant for the comprehensive permit. On October 19, 1995, the Board issued a variance from Reading Zoning By-Law 5.1.2 to Salome wherein he was permitted to construct a single family home on the subject premises, despite that it lacked. the requisite 80 foot frontage. As a condition of the grant of variance, the Board required: (1) only one single family dwelling be constructed on the entire lot; (2) plans showing proper drainage and any required retaining structures be approved by the Town Engineer and Building Inspector to prevent any detriment to the abutting properties; and .(3) the soil conditions be approved by the Building Inspector. Salome did not appeal such variance grant and thereafter constructed a dwelling on the subject premises. Pursuant to G.L. c. 40B, on May 5, 2000, Salamone submitted an application to the Board for a comprehensive permit seeking the development of 10 units on the subject premises. The application included a letter written by Stoneham Savings Bank, a member of the Federal Home Loan Bank of Boston (the subsidizing agency), granting its approval of the subject premises and site for funding. After reviewing evidence submitted by both parties, the Town Planner and the Town Engineer, the Board found that the subject premises has physical constraints that include an existent gradient in excess of 10%, variable soil conditions and a high and variable water table. Due to the variable conditions of the property and potential groundwater drainage deficiencies and excessive gradient, the Town Engineer and the firm Camp, Dressler and McKee, performed a geohydrological analysis to determine whether Salamone's proposed groundwater modifications will enable the placement of foundations in compliance with the Massachusetts Building Code. -3- As the Town Engineer and consulting firm were unable to determine the effects of the proposed redirection of the storm water on downstream properties, the Board held that careful monitoring, sequencing, and inspections of the site development are necessary for this project. In August 2001, the Board approved Salamone's application subject to 26 conditions that obligate Salamone to provide plans to the Town Engineering Division and the Building Commissioner displaying construction details that. will satisfactorily address the deficiencies in the groundwater, soil and grading of the property. The comprehensive permit also requires specific construction of the drainage system, parking and driveway access, and language to be included in the Condominium Declaration of Trust. Further, the Declaration and Trust and construction plans are subject to the Town Manager's approval. Pursuant to G.L. c. 40A, § 17, the plaintiffs, as adjoining property owners concerned about increased traffic and insufficient drainage, brought this action for court review of the comprehensive permit issued by the Board. RULINGS OF LAW Pursuant to G.L. c. 40A, § 17, the plaintiffs appealed to the court, arguing that the Board's decision to grant Salamone a comprehensive permit has no basis in law or fact. On a G.L. c. 40A, § 17, appeal, review of the Board's decision, while based upon a de novo fact finding, is nonetheless `circumscribed."' Davis v. Zoniniz Bd. of Anbeals of Chatham. 53 Mass. App. Ct. 340, 355 (2001). The Board's decision "cannot be disturbed unless it is based on a legally untenable ground, or is unreasonable, whimsical, capricious or arbitrary." Roberts v. Southwestern Bell Mobile Sys., 420 Mass. 478, 486 (1999). This court hears the matter de novo of fact, and determines the legal validity of the Board based upon the facts found by the court. Josephs v. Bd. of Anneals of Brookline, 362 Mass. 290, 295 (1972). A. The plaintiffs have standing to challenge the Board's decision under G.L. c. 40A. 6 17. "Only a `person aggrieved' may challenge a decision of a zoning board of appeals." G.L. c. 40A, § 17; Watros v. Greater Lvnn Mental Health & Retardation Ass'n.. 421 Mass. 106, 107 (1995). A plaintiff is a "person aggrieved" if he suffers some infringement on his legal rights, including a private property interest. Circle Lounge & Grille. Inc.. v. Bd. of Anneals of Boston, 324 Mass. 427, 430 (1949). The injury must be more than speculative, Tsagronis v. Bd. of Appeals of Wareham. 415 Mass. 329, 335 (1993) (Abrams, J., dissenting), but the term "person aggrieved" should not be read narrowly. Marotta v. Bd. of Anneals of Revere, 336 mass. 199, 204 (1957). Abutters entitled to notice of zoning board of appeals hearings enjoy a rebuttable presumption. they are "persons aggrieved." Watros, 421 Mass. at 204. The defendants challenge the plaintiffs' standing, so the jurisdictional question is essentially a question of fact for the court to be decided upon all the evidence. Marshlian v. Zoning Bd. of Appeals of Newburvoort. 421 Mass. 719, 721 (1996). A review of standing does not require a finding of meritorious allegations, but the plaintiffs must put forth credible evidence to substantiate their claims of injury to their legal rights that are special and different from that which others throughout the zone would experience. Cohen v. Zoning Bd. of Appeals of Plvmouth, 35 Mass. App. Ct. 619, 623 (1993); See Valcourt v. Zoning Bd. of Appeals of Swansea. 48 Mass. App. Ct. 124 (1999). The plaintiffs contend they have standing to appeal the Board's issuance of a comprehensive permit to Salamone because their property interests will be adversely impacted by the construction on the subject premises due to increased vehicular traffic and the effect on their groundwater levels which could detrimentally affect their health and safety. The plaintiffs have submitted the Board's decision summarizing the Town Engineer's and consulting firm's reports stating that the groundwater levels of the adjacent properties may be adversely affected. As only the groundwater of those properties adjoining the subject premises may be affected, the plaintiffs have proven that their claims of injury are particular and not shared by all property owners throughout the zone. Additionally, an anticipated increase in traffic has been held sufficient to confer standing. See Bedford v. Trustees of Boston Univ.. 25 Mass. App. Ct. 372, 377-78 (1998). Moreover, the plaintiffs' traffic and groundwater concerns are more than `conjecture and hypothesis'. See Barvenik v. Bd. of Aldermen of Newton. 33 Mass. App. Ct. 129, 133 (1992). The construction of 10 residential units will surely increase vehicular traffic.. Additionally, the Board conditioned the comprehensive permit subject to several conditions, one which requires the construction of erosion control measures along the downstream property line to protect those properties downstream from siltation, including the plaintiffs' properties, as a result of this proj ects. Based upon the evidence, the plaintiffs have standing to appeal the Board's decision because they have shown that the potential injury to their property is particular to them and more than a speculation. B. Salamone has satisfied the reauirements to obtain a comprehensive hermit and the variance previously granted upon the subject premises does not bar the erant of a comprehensive permit. The plaintiffs argue that the Board's grant of a comprehensive permit, pursuant to G.L. c. 5Additionally, Edgar Bibeault testified that the 1995 construction of Salamone's house had already created a cleavage in the water flow which increased the flow of water into Bibeault's property. 40B, has no basis in law or fact. The plaintiffs allege that the Board's decision is arbitrary and capricious because the information presented to the Board was insufficient to find that Salamone had established that he controls the site and that he is a limited dividend organization as required under 760 CMR 31.016 Salanone has satisfied the jurisdictional requirements for a conprehensive permit. Based upon the evidence submitted by the defendants, this court finds that Salamone has satisfied the jurisdictional requirements. Salamone is the owner of the subject premises, as documented by the deed duly recorded with Middlesex South District Registry of Deeds which has been submitted into evidence, and therefore he controls the property for purposes of 760 CMR 31.01. Additionally, Salamone also qualifies as a limited dividend organization. G.L. c. 40B and applicable regulations require that "[t]he applicant shall be a limited dividend organization." 760 CMR 31.01(1)(a). "Limited dividend organization" is not a defined term in the statute. 760 CMR 30.02(f) defines the term as "any applicant which proposes to sponsor housing under G. L. c. 40B; and is not a public agency; and is eligible to receive a subsidy from a state or federal agency after a comprehensive permit has been issued agrees to limit the dividend on the invested equity to no more than that allowed by the applicable statute or regulations governing the pertinent housing program." Salamone's comprehensive permit application and supplemental application documents that he is not a public agency, proposes to . sponsor housing under G.L. c. 40B, and has stipulated that he shall receive no more than a 20% 6760 CMR 31.01 was.promulgated under G.L. c. 4013. 760 CMR 31.01(g) requires the applicant for a, comprehensive permit to fulfill the jurisdictional requirements by producing documents showing that: (1) he is a public agency, non-profit organization or limited dividend organization; (2) the project shall be fundable by a subsidizing agency under d low and moderate income housing subsidy program; and (3) the applicant shall control the site. return on his total investment in the project according to the guidelines, requirements and regulations promulgated by the DHCD. Additionally, the written communication from Stoneham Savings Bank, a member of the Federal Home Loan Bank of Boston, demonstrating its approval of the project and site for funding through the New England Fund evidences that he is eligible to receive a subsidy from a federal agency'. Based on the evidence presented to the court, Salamone has satisfied the jurisdictional requirements established under G.L. c. 40B, and 'the regulations promulgated thereunder. 2. The 1995 variance granted by the Board does not bar the issuance of a comprehensive permit for the subject premises. G.L. c. 40B, 20-23, was enacted "to provide relief from exclusionary zoning practices which prevent the construction of badly needed low and moderate income housing." Bd. of Abneals of Hanover v. Housing Abneals Comm.. 363 Mass. 339,354 (1973). Among other things, the act permits multi-family housing structures in zones designated for single-family housing where there is a local shortage of affordable housing as defined in the statute. The plaintiffs allege that the issuance of the 1995 variance bars Salamone from seeking further development of the subject premises. The plaintiffs argue that it was a prerequisite that Salamone re-petition the Board to modify the variance grant to permit additional development because the G.L. c. 40B comprehensive permit application is not an application to modify the variance as the standard for review is different. See G.L. c. 40A § 10; G.L. c. 40B. The plaintiffs' argument is not consistent with the'purpose of the statute, which allows a petitioner to apply for one comprehensive permit with the Board instead of several applications 'This letter also satisfies the jurisdictional subsidy requirement of 760 CMR 30.01(g), that was not challenged by the plaintiffs. ~ s V with each local authority. A developer who wishes to build such housing may seek from the local zoning board of appeals a comprehensive permit to develop the project instead of seeking separate approval from each local board having jurisdiction over the project'. G.L. c. 40B, §21; Zoning Bd. of Anneals of Welleslev v. Housing Anneals Comm.. 385 Mass. 651, 656 (1982). The anti-snob statute is to facilitate the construction of low and moderate income housing in areas which have exclusionary zoning practices and procedures, normally imposed by these local boards, that hamper this development. In Hanover. the Supreme Judicial Court held that the Zoning Board of Appeals' power to override local zoning "requirements and regulations" necessarily includes zoning by-laws and ordinances, although the statute does not specifically refer to them, in order to effectuate the legislative purpose of the statute. 363 Mass. at 354. A variance from the terms of an applicable zoning or by-law may be granted to a petitioner upon a showing of substantial hardship and that the relief may be granted without substantial detriment to the public good without nullifying or substantially derogating from the purpose of such by-law or ordinance. G.L. c. 40A, § 10. The permit granting authority may impose conditions upon the variance, as the Board imposed upon the variance granted to Salamone in 1995. "Conditions of a variance or special permit are subsumed in the provisions of G.L. c. 40A and ordinances or by-laws under which they are promulgated; they are part of the zoning law to be enforced." Wvman v. Zoning Bd. of Anneals of Grafton. 47 Mass. App. Ct. 635, 637 (1999). "This is apparent from the text of G.L. c. 40A, § 7, which speaks of actions to compel removal of violations of "any ordinance or by-law or the conditions of any variance or special 'This procedure eliminates the need for applications to boards, such as the planning board, and inspectors, such as the building inspector. permit As variance conditions are subsumed by the ordinances or by-laws under which they are promulgated, it follows that, under G.L. c. 40B, the Board has the authority to override the variances promulgated under the ordinances or by-laws as well as the ordinances or by-laws themselves. Accordingly, the Board may override the variance condition promulgated under Reading By-Laws § 5.1.2, imposed upon the subject premises in 1995 as well as the Reading By- Laws themselves without requiring Salamone to re-petition the variance condition before applying fora comprehensive permit. As the Board is empowered to override the ordinances and by-laws and the conditions of variance promulgated thereunder, the 1995 variance condition imposed upon the subject premises does not bar the issuance of a comprehensive permit in accordance with G.L. c. 40B. C. The Board's Decision was not Arbitrarv or Capricious. The Board voted to approve Salamone's application after considering and reviewing the application during 12 public hearings spanning a nine-month period. Of particular concern to the Board during the review process was the design of a drainage and diversion system for water run- off in light of the site slope. The Board hired an independent engineering firm to review the applicant's plan and imposed a number of conditions relating to the fmal design and construction of a drainage system, site monitoring, and maintenance of the drainage. and diversion systems to protect abutting properties and the town's water supply. In voting to approve the application, The Board imposed a total of 26 conditions relating to the design, construction and long-term maintenance of the properties to be built as well as provisions to insure that a requisite number of units remain affordable in perpetuity. The conditions imposed by the Board reflect a comprehensive and thoughtful review of the application, 40- due consideration for the concerns of abutters, and appropriate consideration of the need for affordable housing in the town of Reading. The plaintiffs have not demonstrated that the Board's decision was arbitrary or capricious. ORDER For the foregoing reasons, judgment is issued affirming the Reading Zoning Board of Appeals grant of a comprehensive permit to Salamone. ey ckeJustice of the Superior Court Dated: October 27, 2005 L /C Commonwealth of Massachusetts DEPARTMENT OF HOUSING & IV COMMUNITY DEVELOPMENT Mitt Romney, Governor ♦ Kerry Healey, Lt Governor ♦ Jane Wallis Gumble, Director October 31, 2005 John Cullen Richard Stuart: Maplewood Village Development LLC 5 Middlesex Avenue, Suite 15A Wilmington, MA 01887 RE: Cost Certification for Maplewood Village/Reading, Local Initiative Project 0% Dear Mr. Cullen and Mr. Stuart: The Department of Housing and Community Development (DHCD) is in the process of updating the status of Maplewood Village. Based on the information you provided our LIP staff during a phone conversation on September 16, 2005; it is our understanding that you expect to sell the final unit at Maplewood Village by spring 2006. We are writing to remind you that you must submit a project cost accounting, prepared by a certified public accountant, to DHCD and to the Town of Reading no later than 90 days after the sale of the final unit: It is imperative that you submit this cost certification in a timely manner as required by Local Initiative Program regulations 760 CMR subsection 45.02 and referenced in paragraph 5 of the Regulatory Agreement for your development. If you have any questions about this request, please call Elsa Campbell of the LIP Program at 617-573-1321. Sincere , Cather', Racer Associate Director V/ Cc: Board of Selectmen Zoning Board of Appeals 100 Cambridge Street, Suite 300 r, www.mass.gov/dhcd Boston, Massachusetts 02114 617.573.1100 Page 1 of 2 Hechenbleikner, Peter From: Patrick Dowe [PDowe@PreVisionMarketing.com] Sent: Friday, November 04, 2005 5:10 PM To: Hechenbleikner, Peter Subject: RE: Melbourne Avenue Pete, Thanks for getting back to me. I read a recap of the Selectman's meeting in the online version of the Reading Advocate. Having no parking on the south side of Melbourne is an excellent solution. A similar decision (but possible the opposite - no parking on the north side) might help out on Buckingham. -Pat -----Original Message----- From: Hechenbleikner, Peter [mailto:phechenbleikner@ci.reading.ma.us] Sent: Friday, November 04, 2005 5:06 PM To: Patrick Dowe Subject: RE: Melbourne Avenue Patrick I'm sorry you missed the meeting. The outcome was to prohibit parking standing and stopping on the south side of Melbourne from Summer to Buckingham. The reason is that it is too congested, there are a lot of parents and children using that route to walk to school, and cars park on the tree lawn and sidewalk to free up street space for vehicles. We are also going to be placing curbs on both sides of Melbourne in this area. The no parking here to corner is coincidental. The new regulations will be posted as soon as we can get the signs and get them put up. We are taking a look at Buckingham too. It's a fine balance between pedestrian safety, vehicle access, and public safety in these cases, and this is the best option that we could come up with. I will pass your comments along to the Board of Selectmen. Pete From: Patrick Dowe [mailto:PDowe@PreVisionMarketing.com] Sent: Thursday, November 03, 2005 12:52 PM To: Town Manager Subject: Melbourne Avenue Mr. Hechenbleikner, My daughter brought home the November issue of the Joshua Eaton School newsletter (the "Eaton Express") yesterday. One of the items included in the "Traffic Update" section noted that there was a proposal for a parking ban on Melbourne Ave. between Summer and Buckingham that would be addressed at the November 1st Selectmen's Meeting. Unfortunately the newsletter came home the day after the meeting so I was unable to express my feelings before the meeting. I do have a few questions that I hope you will be able to answer: What was the impetus for the proposed parking ban? g ¢I . 11/4/2005 Page 2 of 2 What was the outcome of the Selectmen's meeting? I noticed this morning that paper "No Parking/Tow Zone" signs have been posted on Melbourne Ave near the corner of Summer Ave. Is this just a coincidence or is it a test run of the parking ban? I have been parking on that stretch of Melbourne Ave every morning for the past 3 years and I have never noticed any problems - aside for a few tight squeezes when the snow banks start to build up. It's definitely no worse than the area of Buckingham Drive near Summer Ave. That stretch of road is definitely too narrow to support two-way traffic and parking on both sides of the road. I can understand wanting to keep the corner of Melbourne and Summer clear of traffic - such as was the case this morning - but a parking ban all the way to the corner of Melbourne and Buckingham would be extremely inconvenient, especially with winter weather approaching. Once the bad weather sets in (or when the coyotes show up like this morning) all of the children must enter the school through the Oak Street door. Parking is not allowed on Oak Street, and the chance of parking on Summer Ave in front of the school is virtually non-existent. That leaves Melbourne Ave as my only viable option in the morning. I'd appreciate it if you would take my comments into consideration. Thank you, Patrick Dowe 66 Hopkins Street Reading MA, 01867 This message may include proprietary or protected information. If you are not the intended recipient, please notify me, delete this message, and do not further communicate the information contained herein without my express written consent. 11/4/2005