HomeMy WebLinkAbout2010-01-12 Board of Selectmen HandoutTOWN MANAGER'S REPORT
Tuesday, January 12, 2010
• Street Sign lottery
• Change in ownership of Addison Wesley Pearson property - (Gateway 40R)
• Snow and Ice account balance
• The EDC is holding 2 forums on sign regulations tomorrow, January 13. One is at
7:30 am, and the other is at 6:30 PM at the Senior Center. It is the same
presentation at both - so choose the one that is most convenient to you.
• Local Elections 2010
o Nomination papers available
o Nomination papers filed by February 16 - 5 PM
o Withdraw nomination papers by March 2
o. Register to vote by March 17
o Election April 6
o Annual Town Meeting starts April 26
• Town Census - 3rd week in January - PLEASE USE THIS OPPORTUNITY TO
LICENSE YOUR DOG in the least cost timeliest manner available
• Flu clinic - An H1 N1 flu clinic is scheduled for January 16 at the Coolidge Middle
School 10:00 am to 4:00 PM. This is open to the general public, including students
in grades 6-12 who would like the vaccine but had not turned in their permission slip
for the "in school" clinics that were held in December.
• Curbside pick-up of Christmas Trees is the week of January 11, 2010.
• The Town of Reading will once again sponsor its Annual Martin Luther King Day
Celebration on Monday, January 18th at the Reading Memorial High School
Performing Arts Center. Breakfast will begin at 9:00 AM and the program will
commence at 10:00 AM
Dates and Events:
• Special Election -Senate seat- January 19
d m N 0 0 0 0 0 0
r 00 r
,N r r
V
CL
OLOW 000000 m
N N CO t.O O O O O O 1`-
,(Z CWO 0 0 0 0 0 000
r 00 In C0 O O tl-
Q~ t` O co N O
O LO W d' O O O O O
~
m N W ~t 0 0 0 0 0
N
E d' N m 6 0 0 0 0 0
CO
MrOOO
U 00 CO d^ co
e'
N
N
r- cl~
co
uj 000 N C.0
N r
d'
V
Q
,+,,000000000
O
y 0 0 0 0 0 0 0 0 0
O
O)O r-~ N r 0 0 0 0 C5
O
O O
O
m~ Lo co 0)
co O ct' r r C CT
O
N CD r N
Lo
w
z
J
Cn
J
C) r
'
C W W
W
W W LU W
CO
z
EO
a>
S]. W
Z - W _I
CO
z
.o
y n p w U
z U
c
o
4
V)
o
`t
l1C
CD CD
0-C
U) a
-
W W W W W W W W W
U
U U U U U U U U U
~
'S
W
000000000
6
zzzzzzzzz
o
V O m O O O lO O m m
O,O r O O N N m m M
,Q O d' O O 'i d d mot" m
o O O 0 O O O O O
U LmC) m m m m m m m
O O r r 0 0 0 0 M
d' m r r m d' 'd' d' d'
p m m m m m m m m m
r r r r r r r r r
Page 1 of 2
Hechenbleikner, Peter
From: McCabe, Abigail
Sent: Tuesday, January 12, 2010 9:54 AM
To: Hechenbleikner, Peter
Cc: Delios, Jean
Subject: RE: Smart Growth Info
Peter,
I spoke with DHCD and have confirmed the following. The exact date Reading received the $350,000
incentive payment for the Gateway Smart Growth district was June 3, 2008 so we have to return the
money if no construction has begun by June_3,-201._1... They also told me that the Trust Fund still has over,
$3 million and he saw no reason why Reading wouldn't still receive the incentive payment soon for the
downtown district. He also gave me some suggestions for a monitoring agent to manage the
affordable housing component.
Abby
Ab[-.:~y M. McCabe
Staff Planner
Town of Reading
16 Lowell Street
Reading, MA 01867.
Phone: 781-942-6648
Fax: 781-942-9071
a.Mccabe.C~c.i read_in.g...m_q..us.
Please complete our customer service survey at h.tt1)•//i,•(ir.idint;;tYiGi
su;r,yr.~y.viT•tli~,,ili:,(.)wnhall...net/siii.vcy/ti:i.d./60,'3 td2e4547 1 /5 31
From: Hechenbleikner, Peter
Sent: Tuesday, January 12, 2010 9:00 AM
To: McCabe, Abigail
Subject: RE: AWP
So what is the date?
Peter I. Hechenbleikner
Town Manager
Tovw of Reading
16 Lowell Street
(leading MA 01867
phn.>ri:: lr>1-942-9043
f,~x7F~1-942-9071
:VkR) :ovvvv recidingm-a.org
"mall iowlInlanager@ci.reading.rna.us
Please let us know how we are doing -fill out our brief customer service survey at http:/(r ma
survey.virtualtownhall.net/survey/si.d/603.ffd2e4 54 7 1 7 53/
From: McCabe, Abigail
1/12/2010
Page 2 of 2
Sent: Tuesday, January 12, 2010 8:55 AM
To: Hechenbleikner, Peter
Subject: RE: AWP
Three years from the date of when we received the $350,000 from the state for adopting the district, so I
believe we at least have a solid year.
This is directly from the MGL Chapter 40R Regulations:
(d) If the Department has issued a revocation of a Municipality's certification pursuant to 760 CMR
59.07(3) on the grounds that there has not occurred the Start of Construction of a Project or Planned
Infrastructure upgrade (see 760 CMR 59.07(1)(b)) within an Approved District within three years of
the date upon which the Municipality received the Zoning Incentive Payment, the Municipality
shall immediately repay to the Department all Zoning Incentive Payments and Density Bonus Payments
received from the Trust Fund with respect to that District.
Staff Planner
Town of Reading
16 Lowell Street
Reading, MAO] 867
Phone: 781-942-6648
Fax: 781-942-9071
gMQcgj; eC ci _readin~:ma.us
Please complete our customer service survey at ht#;p_:/ix c. Lcling a-,
~tirvc~ y,vi1,tualtownhall.net/surveyls d/G0l1'fcl2e454.71753./
From: Hechenbleikner, Peter
Sent: Tuesday, January 12, 2010 8;38 AM
To: McCabe, Abigail
Subject: AWP
Do you know what the date is by which we are required to have construction start on the gateway 40R project
before we might have to pay $ back to the state?
Peter I. Hechenbleikner
Town Manager
c;, ; of Rt-tjc9irrg
16 l..ovv ,il ;street
MA 018(-J7
(:1hOnc:r i'8'1-912-9043
fax 781-942-9071
,,veb www.readingma.org
e,i wl tawnmanager@4ixe.a iin.g,,r7>jq.,us
Please let us know how we are doing - fill out our brief customer service survey at http://readingma-
suryey.v rku,al.townha.ll_.net/su.ryey/s.i44QQ.X d2e4547.1.753/
1/12/2010
(9
Starbucks 288 Main Street
This location has had several issues related to the management of their dumpster
area/trash storage and trash. We have issued citations for these violations and if they are
asking to extend their hours, it would mean increased trash generated on site. The Board
of Health will require an updated trash management plan for the site. This could include
an increase in the frequency of pick-up for trash, additional dumpsters. The trash is being
collected every other day per advice of Starbucks.
Summary of Violations
September 3, 2004
Complaint received
1. Dumpster emptied at 2:00 , 3:00 and 4:00 am on several occasions
2. Delivery trucks blocking roadway on Percy Avenue, residents unable to
access their property
Starbucks reminded of BOH regulations prohibiting emptying of dumpsters
between 11:00 pm and 6:30 a.m. and given a copy. Discussed with Marls
Morehouse District manager
November 17, 2004
Complaint Dumpster being emptied before 6:30 am
January 14,,2005
Dwnpster emptied before 6:30 am
Delivery trucks blocking roadway on Percy Avenue, prohibiting access by residents of
Percy Avenue
Order to correct form Board of Health and a $300.00 fine issued on January 18.
Starbucks changed waste management contractor from JMR to BFI
February 4, 2005
Complaint trash dumpster overflowing
November 212005
Dumpster being emptied before 6:30 am
July 2, 2008
Complaint: Dumpster area open, uncovered d-ampster. Spoke with Kathryn Fink,
Manager. BOH Order to maintain trash area free of accumulations of trash, repair
enclosure and cover durnpster except when in active use. Corrected
January 7, 2009
Dumpster cover open, gate to enclosure open trash outside dumpster. $25.00 ticket issued
CV
January 14 2009
Dumpster cover open, gate to enclosure open trash outside dumpster. $25.00 fine issued.
Duumpster enclosure gate in disrepair. Discussed issue with Steve Crowley, District
manager and Dean Varney, Quality Control Manager and advised that fWIher violations
will result in hearings before BOH. Order to repair Duumpster enclosure and maintain so
as to prevent re-occurrence of violation
BRACKETT & LUCAS
COUNSELORS AT LAW
19 CEDAR STREET
WORCESTER, MASSACHUSETTS 01609
508-799-9739
Fax 508-799-9799
GARY S. BRACKETT
JUDITH A. PICKETT
ELLEN CALLAHAN DOUCETTE
JASON D. GROSSFIELD
January 7, 2010
VIA EMAIL ONLY
Board of Selectmen
Town Hall
16 Lowell Street
Reading, MA 01867
Re: Proposed Revisions - Section 4.5.2 Junk, Reading General Bylaws
To the Board:
OF COUNSEL
ELAINE M. LUCAS
Direct email:
ecdoucetteCbrackettlucas.cam
This office prepared the attached article amending Section 4.5 of the General
Bylaws by deleting the current Section 4.5.2, Junk, and inserting a new provision
intended to more specifically define and regulate the purchase and resale of junk, old and
precious metals and secondhand articles for the November 19, 2009 Subsequent Town
Meeting. The article was withdrawn for further consideration and/or review.
In drafting the article to revise Section 4.5.2, which I modeled after similar
bylaws adopted in other municipalities, it was my intent to offer for consideration a
bylaw that would in part, address the recent proliferation of gold and silver buyers, and
provide a method to ensure that citizens who take advantage of such services are not
themselves, taken advantage of. For instance, by including in the bylaw a requirement
that scales to be tested and sealed by a Sealer of Weights and Measures and by
establishing a system of recordkeeping in an attempt to prohibit the sale and resale of
stolen articles. Prior to Town Meeting, members of the Bylaw Committee expressed
their concern that the revision would be unduly burdensome on certain licensed
establishments such as consignment or antique stores.
It is my understanding that the Selectmen now wish to discuss which is the better
course of action; to submit the article to town meeting to revise the bylaw or, to address
the regulatory intent of the article through the adoption of a policy. It is my opinion that
with one exception, the intent of the proposed revision could be achieved by either a
53
O q J"' [
bylaw or a policy, but that a policy may provide the Selectmen with more flexibility
depending upon the nature of the licensed business.
The authority to issue license for the sale of junk and old metals is set forth in
G.L. c.140, §54, a copy of which is attached hereto for your information.i Pursuant to
§54, a Town must have a bylaw authorizing the issuance of licenses of collectors and
dealers in junk and secondhand articles and within that bylaw, the Town may establish
rules and regulations governing the conduct and supervision of the business. However,
§54 also authorizes the licensing authority to make "additional rules, regulations and
restrictions which shall be expressed in all licenses". Any "additional rules, regulations
and restrictions" may not conflict with the bylaw provisions. Inclusion of the phrase
"upon such terms and conditions as the Board shall determine" in the existing bylaw
authorizes further regulation of the licensed activities by the Selectmen in accordance
with §54.
Presently, Section 4.5.2 provides that "[t]he Board of Selectmen may license
suitable persons, uRon such terms and conditions as the Board shall determine, to be.
dealers in and keepers of shops for the purchase, sale or barter of junk, old metals and
second-hand articles, and no person shall be such a dealer or keeper without such a
license." (emphasis supplied)
As a general rule, policies adopted by the Selectmen do not have the same force
of law as bylaws which are adopted by Town Meeting and approved by the Attorney
General. In this instance however, if the Selectmen were to adopt a policy identifying the
"rules, regulation and restrictions" or conditions for the issuance of licenses under
Section 4.5.2, and then specifically incorporated those rules, regulations and restrictions
into each license issued as may be appropriate, then a violation of any rule, regulation or
restriction could form the basis for the revocation or suspension of the license, or the
imposition of a fine. In this way, the Selectmen could require buyers of gold and silver
for example, to request photographic identification from sellers, retain the items for a
specific period of time, maintain a record of purchases and provide a report to the
Reading Police Department, but not similarly, condition a license issued the operator of a
clothing consignment store.
As stated above, the only exception I would ask the Selectmen to consider in its
discussion of adopting a policy instead of a bylaw, relates to the penalty imposed for a
violation. Pursuant to G.L. c. 140, §55, violations of a junk dealer's license is punishable
by a $20.00 fine. I strongly recommend that the Selectmen consider revising Section
4.5.2 to allow for its enforcement under Section 5A 1, Noncriminal Disposition of Certain
Violations of Bylaws and Rules and Regulations, of the General Bylaws which provides
for a fine of $300.00 per day, each day being a separate offense.
Please note that a license under §54 for the sale of junk and secondhand articles is not a
pawnbroker's license under G.L. c.140, §70. Similar to junk licenses, the licensing of
pawnbrokers also requires the adoption of a specific bylaw authorizing such licenses.
54
SECONDHAND ARTICLES
To see if the Town will vote to amend Section 4.5, Licenses, of the Town of Reading,
General Bylaws by deleting therefrom in its entirety Section 4.5.2, Junk, and inserting
therein a new provision as follows:
4.5.2 Junk Old and Precious Metals and Secondhand Articles
4.5.2.1 License Required
4.5.2.1.1 Every person who is in the business of collecting, dealing in, or keeping
a shop for the purchase, sale or barter of junk, old and precious metals
including gold and silver, and/or secondhand articles, shall be licensed
by the Board of Selectmen.
4.5.2.1.2 No person shall use any building, enclosure or other structure for the
storage, sale or keeping of rags, waster paper stock or other inflammable
material without a license therefore from the Board of Selectmen.
4.5.2.2 Application for License; Term, Fee
4.5.2.2.1 Each application for a license shall be made in writing to the Board of
Selectmen and set forth the name of the party licensed, the nature of the
business and the building or place in which it is to be carried out.
4.5.2.2.2 Each license for the keeping of a shop for the purchase, sale or barter of
junk, old and precious metals including gold and silver, and/or
secondhand articles shall be issued on a location specific basis.
4.5.2.2.3 Licenses under this bylaw may be issued only after notice and a public
hearing and shall be for a period of one (1) year unless sooner revoked
by the Board of Selectmen.
4.5.2.2.4 The fee for each such license shall be determined by the Board of
Selectmen.
4.5.2.2.5 The license shall be clearly and prominently displayed in a suitable and
conspicuous place on the premises.
4.5.2.2.6 Such license shall run from Apri l until May of the following year.
4.5.2.3 Record of Purchases Examination and Inspection of Records and Articles
56
~~ti
4.5.2.3.1 Every junk dealer, old and precious metal dealer or secondhand article
dealer shall keep a book in which shall be written, at the time of each
purchase, a description thereof, the name, age and residence of the
person from whom the purchase was made, and the day and hour when
such purchase was made. Photocopies of picture identification shall be
taken and maintained for any person who sells or barters an item.
4.5.2.3.2 A list of all purchases and acquisitions shall be submitted to the Reading
Police Department within one (1) week of such purchase or acquisition.
4.5.2.3.3 The Chief of Police or his designee shall at all times have the authority
to inspect or examine all books kept by the dealer or keeper of the shop
and shall have the right to inspect and examine all articles and
merchandise therein.
4.5.2.4 Purchases from Persons less than Eishteen Years of A¢e Prohibited
No junk dealer, old and precious metal dealer or secondhand article dealer or any
employee thereof shall directly or indirectly purchase or receive by way of barter or
exchange any junk, old and precious metals or secondhand articles from a person under
the age of eighteen (18) years.
4.5.2.5 Articles Purchased or Received to be retained for Fourteen Days
No item purchased or received by any dealer or keeper of a shop licensed under this
bylaw shall be removed from the town,' sold, or otherwise disposed of for at least fourteen
(14) days from its. date of purchase or acquisition unless permission has been obtained
from the Chief of Police or his designee who may request to inspect or photograph 'the
item.
4.5.2.6 Testine of Wei~hin>r and Measuring Devices
All weighing or measuring devices used by a licensee in the conduct of the licensed
business shall be tested and sealed by the Town of Reading Sealer of Weights and
Measures prior to being placed into service. All weighing and measuring devices shall
thereafter be inspected and tested on an annual basis.
4.5.2.7 Rules and Resulations
The Board of Selectmen may adopt rules and regulations governing the issuance and
conduct of business for the sale of junk, old and precious metals and secondhand articles
pursuant to the authority granted by M.G.L. Chapter 140, §54 and the authority granted
by this bylaw.
4.5.2.8 Suspension or Revocation of License
57
j2 ~~5
Any license issued hereunder may be suspended or revoked, after a notice and hearing,
for cause or violation of this bylaw and/or the Board of Selectmen's rules and
regulations.
43.2.9 Enforcement and Penalties
Violations of this bylaw shall be subject to a fine of Three Hundred Dollars ($300.00).
Each day the violation exists shall constitute a separate offense. This penalty may be
enforced pursuant to Section 5.11, Noncriminal Disposition of Certain Violations of
Bylaws and Rules and Regulations, of this Bylaw.
4.5.2.10 Severability
If any provision of this bylaw is held to be invalid, it shall not affect the validity or
application of the remaining provisions, or take any other action relative thereto.
58
13
MA ST 140 § 54 Page 1 of 1
M,G.L.A. 140 § 54
Massachusetts General Laws Annotated Currentness
Part I. Administration of the Government (Ch. 1-182)
"W Title XX. Public Safety and Good Order (Ch. 133-148A)
'W-Chapter 140. Licenses (Refs & Annos)
N*g 54. Junk dealers
Cities and towns by ordinance or by-law may provide for the Licensing, by the police commissioner In
Boston, by the license commission in Lowell, by the aldermen in other cities and by the selectmen in
towns, of suitable persons to be collectors of, dealers In or keepers of shops for the purchase, sale or
barter of junk, old metals or second hand articles, may make rules and regulations relative to their
business, and may provide for the supervision thereof. Said licensing board or officer may, except as
otherwise provided In such ordinance or by-law, make additional rules, regulations and restrictions
which shall be expressed in all licenses. Said licenses may be revoked at pleasure, and shall be
subject to sections two hundred and two to two hundred and five, inclusive, except that societies,
associations or corporations organized solely for religious or charitable purposes and their agents shall
not be required to pay a fee for such licenses.
https://web2.~vestlaw.com/result/documenttext.aspx?sv=Full&service=Find&utid=l &ifm=... 1/7/2010
59
Page 1 of 2
Hechenbleikner, Peter
From: Delios, Jean
Sent: Wednesday; January 06, 2010 2:40 PM
To: Hechenbleikner, Peter; 'Vincent Cameron'; 'Ellen Doucette'; Feudo, John; Zambouras, George
Cc: Schena, Paula
Subject: RE: BOS 1-12-10
Attachments: Earth Removal Bylaw_Draft_12_31-09.doc; Minutes 5-13-09 TFMasterPlan.doc
Peter
The two items you have asked for updates on include the Town Forest Master Plan
and the Earth Removal By-Law. The Town Forest Master Plan is being advanced by a
committee that has been meeting regularly. Attached please find minutes of a meeting some
months back. I met with Patrice Todisco a few weeks ago and she informed me of the
committee's goal to seek funding for a planning study which may be available through State
grants. The goal of the planning study would be to address forestry stewardship needs and to
conduct a forestry assessment. I also got an e-mail recently about the State forester coming to
conduct a site visit this Saturday and some staff plan on attending.
With regard to the Earth Removal By-Law, the attached draft is a work in progress. We
plan on presenting the revised draft at the CPDC meeting next Monday (1/11/10). There is a
meeting of staff Friday at 1:30 to get more comments. I suspect there will be additional
changes from both CPDC and staff which we plan to wrap up in the next few weeks.
Best,
Jean
Jean J. Delios
iH6i1:1;1i~) '4,cn r1'lre0or ,litl1%I)''HillIner
Town of Reading
16 Loweu Street
Reading, NLA 01867-2685
Tel 781-942-6612
Fax 781-942-9071
From: Hechenbleikner, Peter
Sent: Wednesday, January 06, 2010 1:05 PM
To: Vincent Cameron; Delios, Jean; Ellen Doucette; Feudo, John; Zambouras, George
Cc: Schena, Paula
Subject: BOS 1-12-10
Please see the proposed Board of Selectmen agenda for next Tuesday. I need the following by Friday morning:
Background information on the 20 year agreement - Cameron
Any information on Town Forest master Plan - Delios
Background on junk - Doucette r
9
1/8/2010 60
DRAFT 12-31-09
ARTICLE AMENDMENT OF THE READING GENERAL BYLAWS TO ADD
AN EARTH REMOVAL BYLAW
To see if the Town will vote to amend the Town of Reading General Bylaws by
inserting the following new provision in Article 5, Public Order, as follows:
5.19 EARTH REMOVAL
5.19.1 Purpose
The purpose of this bylaw is to promote the health, safety, welfare and
amenities of the Town of Reading and any neighborhood thereof, and to
prevent harmful results from improper excavation. Nothing in this bylaw,
however, shall be deemed to amend, repeal, or supersede the Zoning By-
Laws of the town of Reading now or heareafter in effect. Nothing in this
bylaw shall derogate from the intent and purpose of such Zoning By-Laws.
In cases of dual application, the provisions of this bylaw and the Zoning By-
Laws must both be met and satisfied.
5.19.2 Authority .
This section is adopted under the authority contained in Massachusetts
General Laws Chapter 40, §21, ¶17.
5.19.3 Definition
For the purposes of this bylaw, "earth" shall include soil, loam, rock, peat,
clay, sand and gravel, or other earth material or combination thereof.
5.19.4 Permit Required
No earth shall be removed from any parcel of land not in public use, either
above or under water, without an earth removal permit issued by the Board
of Selectmen (hereinafter the "Board") as hereinafter provided.
5.19.5 Existing Operations
All existing earth removal operations in the Town of Reading shall be
subject to the provisions of this Bylaw. A permit pursuant to the provisions
of this Bylaw shall be required for all earth removal operations for any
operation to'continue after the adoption date of this Bylaw.
5.19.6 Exemptions
Notwithstanding the provisions hereof, no permit shall be required for:
5.19.6.1 the removal of earth from any parcel in connection with the
lawful construction of a one or two family residential
building or structure thereon or the lawful construction of a
driveway or sidewalk incidental to any such building or
61
I~
structure, provided that the quantity of material removed
does not exceed that actually displaced by the portion of
building, structure, driveway or sidewalk below finished
grade.
5.19.6.2 where necessary as part of the construction of a road
pursuant to an approved definitive subdivision plan
approved by the Community Planning and Development
Commission to the extent as may be necessary to
complete the project as planned.
5.19.6.3 where necessary in the customary use of an operating
farm, nursery, garden, landscaping activities or cemetery to
the extent that such removal is necessary to the operation
of the same.
5.19.6.4 where the moving and/or removal of earth for any
municipal purpose is by, or on behalf of the Town of
Reading.
5.19.6.5 where the removal is from a parcel for which removal was
authorized under a legal permit issued prior to adoption of
this Bylaw, the same may continue until the expiration date
of said permit provided that all. by-laws, permits and
conditions applicable prior to the adoption of this Section
3A shall be complied with.
5.19.6.6 a threshold of 100 cubic yards shall be established as the
minimum standard for applicability of this bylaw. Earth
removal, as defined herein, which falls below this threshold
shall be exempt.
5.19.7 Notice and Public Hearing
No permit for the removal of earth material shall be issued by the
Board, until a public hearing is held thereon, by the Board of
Selectmen, due notice of which shall be given by them, at the
expense of the applicant, at least fourteen (14) days in advance, in
a newspaper commonly used for such notices in the community,
the posting of copies thereof on municipal bulletin boards, and the
mailing of copies thereof to property owners within three hundred
(300) feet of the property line, including those across any streets.
5.19.8 Applications
An application for a permit required by this bylaw shall be filed with
the Board of Selectmen. The Board of Selectmen shall transmit one
U~3
62
n
(1) copy to the Conservation Commission and one (1) copy to the
Planning Board within seven (7) days of the filing.
5.19.8.1 Content of Application
The application shall consist of the1ollowing:
5.19.8.1.1 An operation plan indicating:
a. the location of the proposed excavation and the zoning
district in which it is located.
b. the legal name and address of the owner of the property
involved.
c. the legal name and address of the petitioner, which
address shall be used by the Board for all
correspondence hereunder.
d. name and address of all abutting property owners as
defined by G.L. Chapter 40A, §11 (only required when a
public hearing is necessary).
e. a detailed plan of the land involved, prepared by a
Registered Civil Engineer, or a registered surveyor, and
acceptable to the Board, at a scale of V-20', or as
determined appropriate, showing the entire parcel of land
based on a perimeter survey and showing existing
topography by five (5) contours within one hundred-(100)
feet of, and including, the site of the proposed excavation
or to the property line. This contour plan shall show
locations of a sufficient number of test borings made to
determine the average depth of top soil before
excavation;
f. a detailed plan of the land involved, prepared by a
Registered Civil Engineer, or a registered surveyor, and
acceptable to the Board, showing five (5) foot contours of
the site as of the completion of the excavation project, all
drawn to a scale acceptable to the Board. The plan shall
further show the maximum depth that the applicant
intends to excavate, the type of material the*applicant
intends to extract from the land, the manner and depth in
which the top soil will be replaced, and the type of
reseeding and planting being proposed;
g. natural features such as wetlands, the 100 year flood
plain, ground cover and surface and ground water.
Water-table elevation shall be determined by test pits and
soil borings. A log of soil borings shall be included,
taken to the depth of the proposed excavation, congruent
with the size and geological makeup of the site;
h. all access road, drives, storage areas and trucking routes
to be used within the Town.
63
i. erosion and sediment control plan.
j. the means of disposing of rocks, tree stumps, refuse and
waste products.
k. provision for safe and adequate water supply.
1. a topographical map showing drainage facilities, final
grades and proposed vegetation and trees;
5.19.8.1.2 A re-use plan showing:
a. The proposed use, after completion of removal
operations, of all the land of the applicant shown on the
plan or contiguous thereto.
b. Five foot (5) contours of the site as of the proposed
completion of the excavation project.
c. The drainage of site and excavation after the removal
operation.
d. The land in a condition no less valuable for development
and use than it was before the commencement of
operations.
e. The schedule to restore the land which cannot exceed
three (3) years from the expiration of an initial permit, or a
permit renewed within six (6) months of the expiration of
another. The land shall be restored so that it can be used
for purposes permitted by the Zoning Bylaw of the Town
of Reading for the district in which the land is located.
5.19.8.1.3 The form of the bond to be used:
a. A bond shall be filed by the applicant-before the permit is
granted or as a condition to the permit to assure
satisfactory operation and performance under the
requirements of this bylaw and the conditions of the
permit.
b. The bond shall be in a form satisfactory to the Town
Counsel and the Town Treasurer. The bond shall be in
an amount which the Selectmen determine adequate to
restore the land at the expiration of the permit or at any
time during the life of the permit when operations cease,
and adequate to repair damage, if any, to public ways.
c. The bond shall be issued by an insurance company
authorized to do business in Massachusetts or shall be of
such surety as will qualify for security under the
Subdivision Control Law, Chapter 41, 81 U (1).
~Q5
64
d. The bond shall be in an amount determined by the
Selectmen; but in no case shall be less than Two
Thousand ($2000.00) for each acre shown on the plan.
5.19.8.1.4 Filing fee
The Board shall establish such fees for the issuance of
permits as it shall find necessary for the administration of
this Bylaw, taking into consideration the costs of clerical,
civil engineering consultants, legal and inspection
expenses.
5.19.9 Permit Expiration
Any permit issued hereunder shall automatically expire upon the
completion of the earth removal project for which it was issued or at
such time as may be specified in said permit, and in any event
within one (1) year from the date of issue thereof. A permit may be
renewed by the Board of Selectmen for a period of one (1) year
without a hearing if it finds that all conditions then applicable have
been complied with and that the work has been carried on
continuously and in good faith. A permit may not be renewed more
that once without a hearing, and may not be granted for an area in
excess of five (5) acres unless in the opinion of the Board of
Selectmen the area of the previous permit is being satisfactorily
restored for use in accordance with the reuse plan.
5.19.10 Conditions for Approval
5.19.1.1 No permit shall be issued for the removal of earth in any
location if in the opinion of the Board of Selectmen such
removal will:
5.19.10.1.1 Endanger the public health or safety or
constitute a nuisance.
5.19.10.1.2 Produce noise, dust or other effects observable
at the lot lines in amounts seriously objectionable
or detrimental to the normal use of the adjacent
property.
5.19.10.1.3 Result in the transportation over ways which
will be injured in any way by loads in excess of
the road capability or by means of handling
vehicles used to transport earth or of handling
materials in transport.
U~ G
~J
5
65
5.19.10.1.4 Cause a change in topography and cover
which will be disadvantageous to the appropriate
use of land as shown on the reuse plan and
permitted by the zoning bylaw.
5.19.10.1.5 Result in the removal of existing topsoil from
the Town of Reading
5.19.10.2 No permit for the removal of earth shall be approved by
the Board of Selectmen except upon condition that a cover
of topsoil of not less than six (6") inches in depth shall be
replaced or allowed to remain, except where, due to
construction of roads, buildings or permanent physical
features, such provision is impractical. Such topsoil cover
shall be seeded with a perennial cover crop to assure
uniform growth and surface soil stabilization.
5.19.10.3 No permit for the removal of earth shall be approved by
the Board if the work extends within three hundred (300')
feet of a way open to public use, whether public or private,
or two hundred fifty (250') feet of a building or structure, or
within one hundred (100') feet of a property line, or within
fifty (50') feet of a natural stream or a body of water unless
the Board is satisfied that such removal will not undermine
the way or structure and will not cause damage to the
abutting property, stream or body of water.
5.19.10.4 No permit shall be granted for removal from an area in
excess of five (5) acres at any one time.
5.19.10.5 In approving the issuance of a permit, the Board of
Selectmen shall impose such other reasonable
conditions as it deems necessary, which shall be written
upon and shall constitute part of the permit, including but
not limited to:
5.19.10.5.1 The finished leveling and grading.
5.19.10.5.2. The type of topsoil and planting necessary to
restore an area to usable conditions. The
topsoil shall be treated with three (3) tons of
line per acre and one thousand (1,000) pounds
of 10-10-10 fertilizer, or such other fertilizer as
approved by the Board of Selectmen. The type
of seed and trees and shrubs to be planted to
restore the natural beauty and to reduce the
6 (g) 4-~
66
erosion and the procedure to protect the area
from erosion while growth is being established
shall also be conditions of the permit.
5.19.10.5.3 The duration of the removal operation
5.19.10.5.4 The prohibition from using a site for the
batching of earth and related materials
5.19.10.5.5 Temporary structures.
5.19.10.5.6 Hours of operation and trucking, while at no
time shall be between six (6) P.M. and eight (8)
A.M. or on a Sunday or legal holiday.
5.19.10.5.7 Cover of material being transported, routes of
transportation of material and routes of all
vehicles involved.
5.19.10.5.8 Control of temporary and permanent
drainage. All natural drainage shall leave the
property at the original drainage point with no
increase in flow.
5.19.10.5.9 Disposition of boulders and tree stumps.
5.19.10.5.10 Suitable fencing to enclose any excavation
which will tunnel under original ground level or
which will have a depth of ten (10) feet or more
and create a slope of more than three (3)
horizontal to one (1) vertical. Any opening in
such fence shall be locked when daily
operations have ceased and such openings
shall be properly signed describing the
possible danger within. Such fence shall be
located ten (10') feet or more from the edge of
the excavation, shall be at least six (6') feet
high and shall be of a type which will screen
the operation from view from all public ways.
5.19.10.5.11 Maintenance of natural vegetation on
undisturbed land.
5.19.11 Specifications and Standards of Operation
All earth removal shall be subject to the conditions of the permit
and the following specifications and standards:
J"
7
67
2'
5.19.11.1 The methods and stages of removal and of restorations
to usable condition shall include all conditions of the re-
use plan.
5.19.11.2 Roadways used for transportation of material must be
swept clean and cleared of material spilled from trucks, at
least once each forty-eight (48) hours and more often, if
necessary to maintain safety and a clean neat
appearance.
5.19.11.3 Damage to pavement, drainage, structures and curbing
cause by said trucks or spillage shall be repaired by the
applicant.
5.19.11.4 Any repair or cleaning of roadways as outlined in
paragraphs 2 and 3 above, if performed by the town,
shall be paid for by the applicant.
5.19.11.5 Adequate steps shall be taken during removal operations
to abate excessive dust and all access roads and drives
on the site shall be oiled at all times.
5.19.11.6 No equipment, except mobile equipment for sorting,
washing, crushing, grading drying, processing, and
treating or other operation machinery, shall be used
closer than one hundred (100') feet from any public right-
of-way or any abutting property line.
5.19.11.7 Side slopes in a pit no steeper than a three (3)
(horizontal) to one (1) (vertical) ratio.
5.19.11.8 No area shall be excavated so as to allow the
accumulation of free standing water.
5.19.11.9 Adequate lateral support for all adjacent properties shall
be provided and maintained.
5.19.11.10 No excavation below the existing grade of any tract
boundary nearer that fifty (50') feet to abutter's property
boundary or public right-of-way, or lower that four (4') feet
above maximum high ground water level, except where a
pond is approved on the re-use pan. Final elevation of
the pit not in excess of three percent (3%) grade from the
nearest public way or ways.
0
68
5.19.11.11 Entrance to the premises for the Board of Selectmen or
their agent to inspect the site shall be allowed at any
time.
5.19.11.12 A requirement that within six, (6) months after
termination of operation, all buildings, structures and
equipment shall be removed from the premises.
5.19.12 Rules and Regulations
The Board of Selectmen may adopt rules and regulations governing the
issuance of earth removal permits.
5.19.13 Waiver
Strict compliance with the requirements of this Bylaw of the Board's rules
and regulations may be waived in connection with earth removal
operations and in existence on the date of adoption of this Bylaw or on a
new operations when, in the judgment of the Board, such action is in the
public interest and not inconsistent with the intent of this Bylaw.
5.19.14 Suspension or Revocation of Permit
Any permit issued hereunder may be suspended or revoked, after a notice
and hearing, for cause or violation of this Bylaw and/or the Board's rules
and regulations.
5.19.15 Blastin
No blasting shall be allowed unless permitted, with conditions imposed, by
the Fire Chief and otherwise in conformance with state and federal law.
5.19.16 Valiidi
The invalidity of any section of provision of this bylaw shall not invalidate
any other section of provision thereof.
5.19.17 Administration and Enforcement
The Board of Selectmen or duly authorized representative shall review the
progress of the work from time to time to ensure proper conduct. If the
Board of Selectmen concluded that there has been a violation of this
Bylaw, a notice of violation shall be sent to the applicant, by registered or
certified mail, to the address stated on the initial application, and if
applicable, a notice ordering a cessation of the improper activities.
Enforcement of this Bylaw may also be made in accordance with Section
5.11, Noncriminal Disposition of Certain Violations of Bylaws and Rules
and Regulations, of this Bylaw.
9
69
Section 12 -Acceptance of Gifts to Departments
In numerous instances, the various departments or agencies of the Town receive
offers of gifts or donations for various purposes. It is the policy of the Board of
Selectmen to encourage such donations and gifts, with the clear understanding that there
is no offer on the part of the Town or its Departments or Agencies to reciprocate in any
manner with regard to provisions of services, enforcement of laws or regulations, or any
other consideration by the Town.
The Town Manager is hereby authorized to accept any such gifts or donations on
the part of the Town, to see to their disposition in accordance with donors wishes and
applicable law, and to notify the Board of Selectmen at their next meeting of any such
gifts or donations.
Adapted 114-86, Revised 12-13-94
Section X 3 - Solicitation/Acceptance of Donations
The Board of Selectmen values and appreciates the efforts of individuals,
community groups, and businesses in the community to raise private funds for the
betterment of the Town. These donations often take the form of donations of trees and
benches, construction of capital projects, and donation of funding for programs.
It is important for the Town and donors to have an understanding of the nature,
location, design, and details of any such equipment, capital project or program on Town
property or at Town facilities or utilizing Town resources prior to entering into
fundraising efforts, so that the Town can meet its share of any commitments related to
capital projects or programs, so that donations of trees and benches and other equipment
are of a design and quality and in locations consistent with Town needs, and so that any
such projects or programs are compatible with the plans and programs of the Town.
Therefore, the Town must be consulted prior to any fundraising efforts, In accepting gifts
and donations the Board of Selectmen should consider how the maintenance of the and
operation of the equipment, capital project or program will be funded. Agreements as to
gifts and donations, including maintenance, should be documented in writing.
In order to facilitate this process, the Town is working to develop master plans for
its various facilities and sites.
The following procedures shall be used under the circumstances outlined:
Town sites with Master Plans:
® The donor shall consult with Town staff through the Town Manager, and if the
proposed donation is consistent with the master plan, approval may be granted by
the Town Manager to proceed with fund raising.
■ If a commitment of Town funds is required to match or supplement fund raising
efforts, the fundraising efforts may be approved if the proposed project is
included in the Town's Capital Iinprovement erect Program (CIP), with an
understanding that Town funds will not be available until those capital funds are
available through the budget.
70
The Town Manager shall notify the Board of Selectmen of any such approved
projects.
Town Sites without Master Plans:
® The donor shall consult with the agency having jurisdiction over the property in
question - Board of Selectmen as Park Commissioners; Conservation Commission
for Conservation lands; Town Forest Committee; etc. for projects in those
locations.
® The agency having jurisdiction may grant approval to proceed with the project.
■ If a commitment of Town funds is required to match or supplement fund raising
efforts, the fundraising efforts of the donor may be approved only if the proposed
project is included in the Town's Capital Improvement Prejee Program(CEP) or
funds are otherwise available, with an understanding that Town funds will not be
available until those capital funds are available through the budget.
Equipment Plantings and programs:
■ Donors shall consult with Town staff and/or Board, Committee, or Commission
as appropriate, having jurisdiction in the area where the equipment or planting is
proposed to be located,, or the staff of the department or division within which the
program is proposed to be run.
■ If the equipment, planting, or proposed program is consistent with the standards,
design, mission and direction of the agency having jurisdiction, approval may be
granted to proceed with fundraising.
® If a commitment of Town funds is required to match.or supplement fund raising
efforts, the fundraising efforts may be approved if the needed funding is otherwise
available from the agency of jurisdiction.
Replacement, maintenance and repair:
In circumstances where donations are made to replace, maintain or repair
portions of Town sites and facilities, including replacement of elements of parks,
recreation areas, buildings, and similar equipment, (example - replacement of
pitchers mounds and home plates, replacement of basketball hoops) the Department
Head within whose jurisdiction the site or facility falls may accept such, donations
where:
The value of the donation is $5000 or less
The item being replaced, maintained, or repaired is consistent with any
master plan for the property in question.
Where the above criteria are met but the value of the replacement,
maintenance, or repair, is between $5000 and $10,000, the Town Manager may
approve the donation upon the recommendation of the Department Head.
. The Town will develop a standardized mechanism to recognize donors of
equipment, capital projects, and programs that is consistent and which will be easy to
maintain and update. The method of recognition.shall be subject to review and approval
of the Board of Selectmen.
71
Additionally, the Town must be assured that any donations that are solicited or
received on behalf of improving Town facilities or operating Town programs are either
solicited by properly established non-profit corporations, through for profit corporations,
or by individuals malting donations directly to the Town. This is important for purposes
of ensuring that donor's expectations are' completely met with regard to possible tax
deductibility of donations, and that a fundraising group is indeed making all donations
properly and directly to the Town for the purpose intended.
In order to achieve other department missions and provide essential services, the
Board of Selectmen recognizes the need for staff to develop fiscal and other resources to
supplement municipal funding. The policy of the Board of Selectmen regarding
fundraising activities bstaff is the following:
1. Such activities will not decrease staff effectiveness nor will they constitute
an inordinate amount of work time.
2. In accordance with the Conflict of Interest Law (Massachusetts General
Laws, Chapter 268A), Town employees will not realize personal financial
benefit from fundraising activities.
3. Employees involved in fundraising are expected to use good judgment at
all times, and to be sensitive to issues such as the business climate and the
ability to give.
4. In accordance with the Town's established policy on Acceptance of Gifts,
it is understood that there is no offer on the part of the Town or its
employees, Departments, or Agencies to reciprocate in any manner with
regard to provision of services, enforcement of laws or regulations or any
other considerations by the Town.
5. To ensure consistency in communication about fundraising efforts, Boards,
Committees, Commissions and Department Heads shall inform the Town
Manager of new fundraising efforts or campaigns prior to such activities.
6. Notice of regular or ongoing fundraising activities should be given to the
Town Manager through the regular channels of communication.
7. The Town Manager may establish guidelines which specifically describe
different types of fundraising and appropriate actions.
Adopted 3-8-94, Revised 12-13-94; Revised 9-22-09
72
~t~3
Zimbra: dashoniz@comcastnet
t~
SmartZone Communications Center Collaboration Suite
Re:: 190 Summer Avenue
llttg!/x20031.wc.matl.comcasL WV Zlml)rallnal
dashontz@comeast.net
Wednesday, January 06, 2010 11:05:03 PM
From: mjfavaloro@gtnail.com
To: jdeIios@ci.reading.ma.us; dashontz@comcast.net; phechenbleil ner@ci.reading.ma.us; gredmond t@ci_reading.ma.us;
ecdoucette@brackettlucas.eom; bobbiebotticelli@verizon.net; gbshontz()comcast.net
Ellen:
I have read your response to my 12.15.09 email to you, which response was apparently emailed directly to Glen Redmond on 12.21.09_ My
client obtained a copy of that correspondence to Glen and forwarded a copy of that to me today.
My position is not that a lot protected by a zoning freeze is protected by section 63.4 (lot C2 shown on the 2003 plan containing 21,591 sq. ft
of area and 80' of frontage ) but rather a lot that conformed to zoning requirements at the time it was created. Out B shown on the March 1995
plan endorsed by the CPDC before the zoning change eliminating the S-10 District in April of 1995) is entitled to such protection. Section
6.3.4. was in effect at the time of the 2003 endorsement and is in effect today, there has been no freeze provision in the bylaw since 2001 and
is therefore inapplicable in my opinion to this analysis. Town Meeting in 2001 in fact made the decision to eliminate the freeze provision and
instead effectively create a zoning exemption for all lots lawfully created under current zoning regulations when adopting section 6.3.4 and
eliminating 6.3.1.4. Then Town Planner Chris Reilly and I had that precise discussion in 2003 when reviewing this situation involving Ms.
Shontz -Stackpole. Such increased protection for once conforming lots makes sense, Town Meeting in 2001 would not have simply eliminated
the remaining two years of zoning freeze protection (through 2003) without providing some type of protection for owners of ANR lots, as only
subdivision plan lots would be protected to 8 year zoning freeze protection under the statute.
As the 2003 plan created a lot that was closer to conforming to the S-15 requirements by virtue of the increased area, sections 6.3.7 and 6.3.12
serve to continue the protection enjoyed by the 1995 Lot B to Lot C3 as shown on the 2003 plan.
Please call me directly to discuss at your convenience.
Thanks.
Mark Favaloro
On Tue. Dec 15, 2009 at 11:02 PAL mark favaloro <mj_tat_~larc>; r;~nail_coFZt> wrote:
I-11 Ellen:
I have been asked by Debbie Shontz-Stackpole (Debbie) to review your letter of December 11, 2009, together with the relevant provisions of
the Reading Zoning by-taws (by-laws), which I have done.
As I recall, between 1995 and 2003, the by-laws contained a provision that allowed for an 8 year transitional period for budding on existing
10,000 sq. ft. lots in what became the S-15 district. That period expired on April 27, 2003. Therefore, under that provision, Debbie would
have had the right of build on the lot in question, lawfully created pursuant to the by-laws in 1995 as more fully set forth in your December
11. 2009 letter, as a matter of right any time before April 27, 2003.
However , in 2001, the transitional provision in question was deleted by Town Meeting action, and essentially replaced by the current Section
63.4. of the by-laws which provides in relevant part:
A use, building, structure, lull, parking area, loading bay, sign, landscaping or any other
oninc r°C1LIIiPmE
activity, is considered to be lawfully created vvith respect 'to = nts if:
1. It was inexistence on Siiarch 16, 1942when the Zoning B °-La`.`!',": as originally adopted,
or
2. Subsequent to March 16, 1942, it v"'as pernn"i:te.. by -";7e .sor' in_? .BUJ-' av'r Ef f'=er I~it -,'or
by Special Permit and was in existence prior to the effective elate of any amendment,
which rendered it nonconforming. (emphasis added)
Further sections 6.3.7
16.3.7. Change in Lot drat Results in Nonco-m?lia:ice:
No lot upon which there is a building or for which a building permit is in force shall be
subdivided or othervAse changed in area or shape, except through public acquisition,
so as to result in a violation applicable to either the lot or the building. A lot already
nonconforming shall not be changed in area or shape so as to increase the degree of
nonconformity with the requirements of this By-Lav,- however, a nonconfonTiing lot may
be changed in area or shape if, to do so, does not increase the degree of
1 of 2 1/7/2010 1:59 Al
Z nibra: dashontz@comcastnet C, yam- impwszow i.v~rc.mali.comcaSLrPt/ZUnpraimau
-D
SmartZone Communications Center Collaboration Suite dashontz@comcast.net
190 Summer Avenue Tuesday, December 15, 2009 11:02:25 PM
rrom: mjfa-,,aloro@gmail.com
,ci.reading.ma.us; dashontz@comeast.net; phechenbleikner@ci.reading.ma.us;
To: jdelios(d
gredmond@cixeading.ma.us; ecdoucette@brackettlucas.com; bobbiebotticelli@verizon.net;
gbshont R)comcast.net
Attaclunents: Ltr to C Redmond with attachments 12-11-09.pdf (342.9KB)
HI Ellen:
I have been asked by Debbie Shontz-Stack-pole (Debbie) to review your letter of December 11, 2009, together with the relevant provisions of
the Reading Zoning by-laws (by-laws), which I have done.
As I recall, between 1995 and 2003, the by-laws contained a provision that alloxved for an & year transitional period for building on existing
10,000 sq. fit. lots in what became the S-15 district. That period expired on April 27, 2003. Therefore, under that provision, Debbie would
have had flee right of build on the lot in question, lawfully created pursuant to the by-laws in 1995 as more fully set forth in your December 11,
2009 letter, as a matter of right any time before April 27, 2003.
However, in 2001, the transitional provision in question was deleted by Town Meeting action, and essentially replaced by the current Section
6.3.4. of the by-laws which provides in relevant part:
A use, building, structure, haf, parking area, loading bay. sign, landscaping or any other
activity, is considered to be lawiuily created with respect to zoning requirements if,
i. It v,/as in eXistence on tvlarch '16,"'1942? when the Zoning °y-La!v vlas originally adopted,
Z Subsequent to March 16, 1942, it tams E?j,j-ni°ted f_-,y ,.Ile Zor?seij Oy-Lat~v either b, P i~a,t or
by Special Permit and was in exispence prior to the effective date of any amendment,
vdhich rendered it nonconforming (emphasis added)
Further sections 6.3.7
(6.3.7. Change irtt Lot that Results in Nlcncortiplia:nce:
NO lot upon which there is a building or for which a building permit is in force shall be
Subdivided or othenr,Ase changed in area or shape, except through public acquisition,
so as to result in a violation applicable to either the ion or the building. fofi already
nonconforming shall not be changed in area or share so as to increase the degree of
nonconformity vAth the requirements or this By-I a;;r hpv,,, vef', a no nconf orming lot may
be chanced in area or shape if, to do so, does not increase the degree of
nonconformity. Said change shall be allowed by right. No building permit, Special
Permit, certificate of occupancy or approval of a subdivision plan under the Subdivision
Control Law shall be issued with reference to said transferred lard until both the lot
retained and the ne`dy created to (s) meet the requirements of this By-Lavv.)
and 6.3.12
(0.3.12. Nonc;onforr-ninng Lots:
4ny lot t~.Jhich does not comply -,v th the provisions of this By-Lai,/ ',tiith respect to
minimum lot area, minii-num lot frontage, or r•?inimurn lot width or viith the requirements
then in effect at the time of recording or endorsement, whichever occurs sooner, shall
not be subdivided or otherwise changed in area or shape, except -'through public action,
so as to be in violation of the provisions of this By-Law- A lot already nonconforming
vtfith respect to those provisions shall not be changed in area or shave so as to
increase the degree of noncompliance. lot which is nonconforming with respect to
those provisions rnay be changed to be made closer in compliance, but once brought
closer into compliance, i.e., the amount or degree of nonconformity is reduced, it shall
not be permitted to revert to noncompliance vhich is greater than the closest amount or
degree of compliance which it had achieved. A l(At, which is nonconforming, shall not
preclude the issuance of permits allowed pursuant otherwise in this Zoning 3y-Law.)
1 of 2 12/16/2009 9:42 AID
is daslioniz@comcastnet
http://sz0031.wc.nail.comcastnet/Aiinbra/maf
of the by- laws essentially permit a grandfathered undersized lot to be expanded towards greater conformity to a compliant zoning condition (in
this case increased area, resulting form the 2003 plan).
Accordingly, it appears to me that the lot in question is to be considered a building lot pursuant to the above referenced sections of the by-laws .
Please review at your convenience and let me know your thoughts. As you may be aware, Debbie has a sale of this lot dependent on zoning
conformity, so your prompt attention to this issue would be most appreciated. y
Mark
This transmission contains privileged information. If you have received tlvs email in error, please delete it from your computer and contact me
immediately. Although this email and any attachments are believed to be free of any virus or or other defects that might affect any computer
system into -Which it is opened it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by Mark
Favaloro for any loss or damage arising in any way from its use. Thant: you.
Mark J. Favaloro, Esq.
telephone: 781.439.9267
direct facsimile: 757.390.3659
ntifa~~ aii~ro;a?~tlail.cc?m
2 of 2 12/16/2009 9:42 AM