HomeMy WebLinkAbout2010-01-12 Board of Selectmen Packet~o NOFR~q~lyc Town of Reacting
y _ 16 Lowell Street
Reading, MA 01867-2685
`~9'lxcoRQp4
FAX: (781) 942-9071
Email: townmanager@ci.reading.ma.us TOWN MANAGER
Website: www. readingma.gov (781) 942-9043
MEMORANDUM
TO: Board of Selectmen
FROM: Peter I. Hechenbleikner
DATE: January 8, 2010
RE: January 12, 2010 Agenda
4a) Extension of 20 Year Agreement - Please see the attached information with regard to
the 20 Year Agreement with the RMLD. General Manager Vinnie Cameron will be
in to discuss this matter with the Board of Selectmen. In summary, when
Wilmington was considering leaving the Light Department there was a settlement of
that action which resulted in a 20 year agreement among the four communities and
the Light Department. The 20 Year Agreement must be renewed every 10 years by
all parties. The purpose is to be able to give 10 years notice to the Light Department
if any community decides to leave the Light Department. This will allow the
Light Department adequate time to adjust power purchases and other matters
relative to a revised service area.
4b) Starbucks Early Opening - This was re-advertised from the hearing last week due to
an error in the address. In addition to standard information, attached is information
from the Health Division regarding calls that they have had with regard to the
operation at 288 Main Street.
4c) Update on Town Forest Master Plan - Please see the minutes from a meeting that
was held in May of 2009 with the former Town Planner and the Town Forest
Committee. In addition, the Town Forest Committee took a tour of the Town Forest
last Saturday with the State Forestry Division. They'll have an update on the process
of developing a master plan for the Town Forest.
4d) Discuss Junk Regulations - Town Counsel will be present to review with you the
method that the Board would prefer relative to junk regulations. Depending on the
direction from the Board, either a Bylaw amendment and/or policy will be
developed.
12
4e) Earth Removal Bylaw - As you can see from the information provided by the Town
Planner, this matter is still being reviewed and this will be an update, but not final
disposition of this matter.
4f) Amendments to Gifts and Donations Policy - After this policy was adopted by the
Board of Selectmen, the Recreation Committee. had some comments relative to
making the policy work optimally from their perspective the Recreation
Administrator and/or Recreation Committee will be present to participate in
discussion on this matter with the Board of Selectmen.
4g) Damage to Wood End Playground - We wanted to make the Board of Selectmen
aware of damage to the poured in place rubber surface at the playground. This is not
covered by insurance and we will have to make a determination as to whether or not
to replace it or remove this one section.
4h) School Zone Signing Birch Meadow Area - Utilizing the latest regulations for
school zone designation, we wanted to establish new signing in the Birch Meadow
area. However, we wanted to review this with the Board of Selectmen prior to
ordering the signs. The map enclosed shows the current signing, and also the
proposed new signing.
PIH/ps
13
Pearson Reacquires Reading, MA Development Site
Former Addison Wesley Longman Campus for Sale
National Development to Serve as Advisor to Pearson
Reading, MA - January 8, 2010 - Pearson obtained ownership today of the former
Addison Wesley Longman campus located near the junction of Routes I-93 and I-95
(Route 128) at Route 28 in Reading, MA. The site was reacquired from an affiliate of
Newton-based National Development following an extended delay of National
Development's plans for the property in the face of the continuing pressures
affecting the commercial real estate markets.
National Development has obtained expanded zoning, allowing for the construction of
residential units consisting of apartments in multi-family buildings, senior housing
units, town houses, and a new 160,000 square foot structure with prime office
space. This expanded, by-right overlay zoning is in addition to the original by-right
zoning granted earlier to Pearson, which allows for the development of 600,000
square feet of premium office space and a hotel supported by surface and structured
parking.
Commenting on the site's continuing potential, National Development's Managing
Partner Ted Tye stated, "This 24 acre property provides a unique opportunity fora
major campus or mixed-use development. While we are disappointed that market
conditions have slowed the project, we look forward to assisting Pearson in the sale
and future development of the property."
Pearson has retained National Development to act as an advisor in marketing the site
for sale to interested parties. George Nugent and Philip Giunta of the Boston office of
Grubb & Ellis are the brokers charged with selling the campus. They are supported
by the New York-based Richard Berzine & Company, Ltd., Pearson's real estate
advisor.
Commenting on the availability Nugent opined that "The site has zoning and permits
in place, as well as a supportive community, that will provide flexibility and speed for
potential users. We will be focusing on combining the right mix of multi-family,
senior housing, hotel and/or office users." Giunta explained Grubb & Ellis's optimism
by explaining that "The crisis in finance is transitory while the desirability of Reading
as a place to live and work will endure."
Interested parties.should contact Nugent and Giunta at 617-772-7229, Tye at 617-
527-9800 or Richard Berzine at 212 641 6303.
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Reading Municipal Light Department
RELIABLE POWER FOR GENERATIONS
230 Ash Street
P.O. Box 150
Reading, MA 01867-0250
Tel: (781) 944-1340
Fax: (781) 942-2409
Web: www.mald.com
via Certified Mail Return Receipt
December 8, 2009
Mr. Ben Tafoya, Chairman
Board of Selectmen
Town of Reading
Lowell Street
Reading, MA 01867
RE: Extension of the Twenty-Year Agreement
Dear Mr. Tafoya:
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Pursuant to Section 11 of the Twenty-Year Agreement, which is attached, it is time to extend the
Twenty-Year Agreement with the Reading Municipal Light Department (RMLD) for an
additional 10 years. This extension would continue the Agreement through July 9, 2030.
In 2000, the Twenty-Year Agreement Extension was placed on the Selectmen's meeting agenda.
I will be available to appear at a Selectmen's meeting to answer questions on the Agreement
when a vote is taken.
Attached also is a copy of the previous Twenty-Year Agreement Extension Document that
affirmed the Towns' decisions to extend the Agreement. If a vote it taken to extend the
Agreement, a new Extension Document will be available for signatures.
Sincerely,
t
incent F. ameron, Jr.
Chairman
Attachments
c: Peter Hechenbleikner, Town Manager-Reading
Tracy Sopchak, CAB Member-Reading
qaI
16
FZ Ii%G IAL
SNt.LR:-:-kc Lida T- cwn of Wiininamon (fwilninazor.") Voter;
pursuant Lo G.L. c-164 on April 76, 1986 and kzr-i 25, 19807,
acuuire from the Readina MunicIna l Liahr Department ("FMMD") he
lectri c zi ant Of RHLD loc=t=rj Witthe limits of W-i-Im-ington;
W-,E=El +aS, On October 21, 1987, WL?-m_llamon fill e'j. a petition
wits t?E Massachusetts De-a-r ent of Public Uti li ti es ( the: "DDU"
cursuant to G.L. c. 164 and St. 1908, c. 369-, red'uestina the
Depart"nenL to resolve a valuation dis-out= with R-11= as to P-MLDf s
a ant l occted within the lini is of Wilnincton;
kr E:{r S, on November 119367, ' Y.I D i-i'`1 an answer to
t~ n - 1llciion
i i i which i' c rLer; r rv" i?aina
va
Wi_1_~i_nc~on's 'c_ t_an in _duL_ _n s _
and raised other r_sues i
Wi~~?=35 , RTC and W i lminc ton have enuaaed in negctiations
prior to and since the =ding of the above described Pe----it-ion and
answer
WHEREAS , -eM-LD and Wi lnincton c_ e in substanLia! disacireemenL
as to Lnc valL'aLion to be placed upcn RM!•i7's plant with-in t-he
I im it_ O? Wi lmi nC tan and t:?e amount of severance damages , any,
cr i c _"lG ~L t 0- the traps=e_ o= silt:! plant " v DMT.D }Y i! =t11~1Gzc.n. i
17
W-HE" __~S, discovery and t!?e present= t? on of atri n=RC= to zhe
Denar-- ent would in all probability take months, -oz years
Complete, all at area t er_,ense to W-i -I mi nctcn and RM_MT D I S
rate-Davers ;
4YFI! Ra S, an adverse outcome of a Deza Lnenz valuation
procee^ i nQ involves Substantial and unacceptable ri clLC for bo'l'l
P11MD, W11m.-i ng toll and --w.D' s ratepayers;
WHEER:=.=C, RY!,D f rn-isnes electric service within Lne 'T'own of
?EEding'DLrsuanr- tC G. L. c.16 and, pursuant to St.=008, C. 36D;
_urni sties electric service wit-lain the Towns of Lvnnfield, North
Reading and wilmincmcn;
Wrir . ~5, RM'!rD desira_= to continue =urn-is inc elec-. is
serVi ce to Lynn-field, North Reading and Wilminct-on, and their
inhabitant=, pursuant to St. 1908, c. 69 on a reliatle ba_is and
at a reasonable cost;
WtatF=S, LYnn=i eld, tior_z Reacting and W_J I_'7i J ngzcn desire that
RMLD Continue to furnish electric service to such tcWns and t'7Eir
inhabitants pursuant to St. '908, C. 36 cn'a rel_acle -as i5 and
at a reasonable. Cost;
YttL1` i7Wi_c of= i'viZn_1E i C -1,511" and '4cr-r-h
R eEC_inG (-North Readincn) _ucccr ` the _ csc l u'Cion of the c: or__a i a
CiSrL~es ~Et:%vc7 M7~1 and 'rV?_ r= C~CII, _tt TILE iLirer ;Z
18
GiN.
and ?rtt_tcD~ ° t0' ~nelr rasoec` Jve innabiL=n Ls, and join in "Is
Acr aement
NOW, t!erefore, the parties stiDLlaLe and acree as -o!-lows_
SER VICE AGREMr-l-'T-7
1. Subs eat to the provi signs cif s 3~reGTierlt, RMT,D w i l
continue. tD fil?Pni sh electric sar-vice tD ! rYnr= i =1Q, Nc``~1 ? e=-- Tic
and. Wilm2*-. Gn, and their inhabitants=, on a reliable basis ana ct
io-t
a reasonable cost..
MOTION TO STkY
2. Wits? i n seven Gays after the date- of e a-c-d'Cion Of
~r `n_cVra°T_t'eT3t,~ and. Wilninciton shallfile DpU c
i U. 87-7-1-2
Motion to Stay Wilmi no-ton' s pet; tion docketed as D : P.
~tne J'PeTit.ion") The iorm of such Motion t0 Stay 1= azzache6
'Hereto as Attachment i.
SPECTaT. LEG SUTTON
j iii -Darti ee' silcli use best eff =-ts, i nCl L'd-4 -11 bLp %Gt
iimitee to -king all necessc-V votes, and coccercL= to seek tme
enaC-meat of sc)ecial lecislaticn to become c__e-cz_`i cm or bE_'Or_
.Yanuary loc7 whic_] would -=uthcriZe C=
CcX uav:~ents as an expense of oneration _ atamak._ C GLr'CScs .
Tae -o?-m CS such special 1 eCi cl ati on is atCach .sere, 0 a=
_cicCCTileT_1L 2 . !?7 - - lp uLct s 1C 1 S'cC=cl 1 =C 1C'r
14 a~
T 9;
of _ ec i ve on or befora i anuarv 1, -1992; , Zen z his `Cr eemenr snc! l
terminate on t'7ct daze.
VOLUNTARY PALYME-NTS
4. (a) Subject- to and exuress l v conditioned upon the (1)
there De1•nCS ?n effect on or before Januarv 1, 1°C2, rile special
leaislatlon described in Darauraph 3 of %._'i? s . Ao•reenent and )
W? 1m1Zngton's per-or anca of Its obligations under paragraph 6 Of
-riffs Agreement, RM?•D shall :make in l?eu of tam payments to tie
f o1 1 oW i na towns and in the fol l oWi na amcu'nts
1°00
Lvnnf ield
$
3,050
5
3,050
tJ
N. Reading
$
18, 150
5
I _ JV
Wilmington $100,0-00 S100,000
RIr.•D Wi 1 l fund these payments exclusively from unavzrocrl_'LeC
earned surplus, consistent with. the Depax-tmentI's Un-Iforn., System
of '_ccounts arvllc-=ble to muni cimal l? chz Dian- s . Such Dav-menzE
shell be mace by Rm D within one hundred `::ens°r (=:0) days o `-e
effective date of the afore-said. spec? al } :C? s_.C=Cn L^,Ce ~ ler
with interest- thereon C^_.'II'nencing as of _ e daze c_ execat? on c=
C_:is =_Ql'°°me?1t and ct a _cto not to e'_C'cC t'E rate of -ntaresz
actually eariae'7 on FlgM D-'s _a=nec surmlus du'rsnC t:ee time ierlcC
20
endinc on the effectl'le date of -he special legislation.
Notwit,*]SttcnC1nG the fCregolnc pavmenL provisions of his.
paragraph., suca payments si a! 1 be prorate- L-0 re-lev t that
fracL? on of the year in which the aforesaid special I-aislatior,
1s not in effects -,:"or ex=mr.+1e', 1= the-special, l.ca.isl at?'on were
effective on Jul 1, 1991, tae towns would receive, pursuant -.3
t -i s paraC= r•aip. P , and in' addition to the ;-mount-.s payable pur= i.lan L
to paraarapn 5 of this Ag?-eenent, he amount 1 i cted under 1990
plus one-ha!f (1/2) of -i_.he amount 1?SLeo under 1991, plus
inters=_L_
(b) Nothing in the forecoing provisions of t°_1'_S paragraph "A
or any other provisions of zhi s Aa =_pent shall prac? ude. PUMLD
from ma3k? na in its disc" e - cn JCluntary in 1i eu of t .x oavnents
to the Town of Reading om Sts unaD-orour azad earned suru lus in
accordance with the policies of the DPU_
PAYMENTS PGTRSi13,\T'TT TO SPECIA-1, LEGISLATION
5. (a) Subject.- to and extress ly conditioned upon (1) there
being in efffect- on or before JanLTarv 1, 1 99 , the sDeCi al
lecislation described in pa_e raoh 3 of this, Agreement T,~hi ch
aut:hor_7es R_MILD to include in annual operating ex=enses f"or
Duroosas cf G.L. C.164, S5=7 and 58 in 11cu CL pal{- pav-.Uent_ to
ead?.,c v=1n? ncton, North ?e=_d1nQ and T ,n_ _e1C, and (2) u>✓On
r
W4_17_,Ii naG on, s Derfo-rnmance o_ ? t.s oDl? Cat cns under naragraph of
t-hi S Acreement, Rl-.D shall make in 1ie'u of t -ax paymenL.s to such
W. "ow-:s Curlnc eaca year C_icencing w?tie i e Vear in T«17? C:7 the
c
0i'if,(Z-I 3"! AL
e?lC
ef-eCtlVe date of such special l cl at`cn ccc:'.:rs _ uqh the
Oil- . t}'le term cf this Acre ement in accord ance with the =Ci l owi no .
T orutu.la -
(3 P_.L:D shall calculate an a mount eC11al tT, two
DerC'cnt of the Cost oL ? i.5 net eightdeter a? new
in accordance with the PO! c"s and dec i _ ions of'
the DPU) as of the end of -L-le calendar year prior
to the year in w.hica. any 5uc.i in l i eI2 of tat{
payments are to be made.; and
i i~ the amount calculated in accordance w?th
subnaraaranh shall be appropriated and apo l i ec
or di s tr? but j our 1 nG suc°.I Year to Reading,
Wilmington, North Readinc and LvrnTield as
i payments in 1 i.=u o% taxes based on _ pro rata
al•locati cn i'n ac-ardance with the• res =cc i Je
retai 1 ki lowatthour sale within each fawn .rem
such Drior caIendar y`ar as a percentage of
R T C r s total rata? l sal es T itiziil 'a 1 l _'oLr oL the
towns during the same year.
(b) F1_%.y. (50) percent of the total payment naCe' by ?M •D to
each town in each such year will be avabl on. Cr a Cut June 30
and the remaining = i =ty (5.0) percent of suc~ vaY e_, L 1 I be
oayaiDle on or about Decamher 30 cf ecCa suc v-=-=:-.
Not-N j'Lthst. and ng the = oreac i .:C Dr ovi __oi:_ c.
the event that such special 1 egi _l"t? on _JS cCD_Je _ _=Gra
J anuary 1 , 1992-, ttlen ?MI! •D si_all matte lt5 .'_r=D _::nu_= pav-nenz. cn
I
i
a pro--?'ated basis (rarlec ; nc -,at =_aCD1oi, G- y_c `ic=_ ? n shit 1c.,
-2i -
' ' ~A
the special 1eg151ation is in effeC-~) , with interesz, during
Januar'y' of the year followina the effective date Of Such snecial
l eci cl ati on f provided, however, that 1_ such payment during
January would Occur earlle_r than one hundred twenty (.120) days
after t1la- effect-ive date of such 'smecial leoislat?'on, then such
first annual payment Shall be made one hundred twenty (120) days
after the of ectlve date of such special legislation. interest
shall be computed From the effect ve data. o -f' the soec? al
legisl.aticn to the data of payment at a rate* not to exceed the
rate of interest actually 'earned on SD's earned" surplus dur-ing
such period- For example, sueClal leg-isIatlon. were effec~ lye
on July 1, 19'91, the towns would receive as the 199? payme'nc, in
J anuary , 1992, one-half -T (1/2) or the amoun L.. 'Daycble L o - em 'under
~ J the formula set forth in paracraph 5 (a) , tote t_•'ler with ? n ne_ es z -
Such payment would be -in add-it-ion to the a-nz ounts na-i d pursuant co
uaraaramh 3 of h, i s Agreement. Du-Lnl 1992, the t.ow-ns would also
r=ceive the 1992 annual payments on or about June 30 and
December 30, each such payment renresent-ino f? dtv ('50) P=-rcpnt ' o'
the annual a mcunt payable under the formula set or t_h in.
caracraph 5 (a) .
(c) Nothing in ti-i_ parac_•-anh shall preclude PY!~D frnom
earning a return of eight Dercent per annum on t-?e c c s O' p 1=:, 4
in accordance with G.L. c.164, 558, making additional voluncary
in l-`td of tax payment= to he Town of ?e`C1nC -f-cm i u_=
unamvrocr' ated earned s11r-p us, and of-her- i se usi:ec- 1d.s ecrned
2~3
[A.Ck ~ -
1 P P , I(S " 1AL
r turn o- un to e? chit nercenz per annut for atrpos.es allc lor? lea
by law.
R v C ISSION O_ Y, T_ NG='ON JOT-S
6- Subject to and e_~ra_=sly .conditioned upon here Lei nt7
in e"=cL on or before Januarv 1., 1942, the szecial legislatibn
referred to in paracrann 3 of t'7.15 Aereement, WilmI n=cn shal•l
conduct a vote for the nurmose of rescinding votes taken on A til
26, 1986 and. A ri l 25, 1987, to- acSU3re RT-MD's plant locct.=d
within the limits of -Wilmington. I_r such vote does nct occur
°H1t1h in. ninety (90) c.aYS a-ter the erreCtltie Qaie of said S-dec'al
egis? ati en, or doe= not favor such rescission, then this
T_greement shall t_rminate_
DISK, SSAL, OF PET_Txr O?4
7. Subs ec ` to and e_`inres=.ly conei tioned union: the,'=
being in .e_TLcct- on or before Jcnuary 1, -99.2, `ne 'spec cl
1 e-~ i.cl ati on referred to it paragraph 3 o tn'1S Agzsenent --nd (2)
upon an •af f i rma ti ve "vote of the Town- of Wi? mi ngton' to rescind its
or i or vctes taken at April 26, !986 and ipril 25, 19 8 i ; bia-ts stint
to paragraph 6 of this Agreement, within one hundred t-W-enty ( 120
day=_ ar•ter the eT=ecti.ve date of said =_ueci al 1?g_Slation, P?M?.D
an W._lm? na won SLla11 f i le with the DPU a ' Mou'_on t`, 0? Su ? Ss the
et i ~i one The =or_n. of such Moulan _ DJ-Miss '_S cL=ac :ec le?'°_`^,
a=_ rt=c 7=_nt 3 .
q al
K'S.I kil, AL
RTGHT OF .t Y- D TO Mrs- BELOW T??F L T NE P'A TMEE jTS
Tn the evens that the special 1egi_ slation provided- for
in the foregoing paragraph 3 is nG ~ in 'ems C_ January is-z
of anv calendar year during the -arm of this Agreement, then for
each such year RMILI D shall have the right, but be under no
urPlus,
obii gati on to make from its unaDDroDriat=r~ earn="- s
voluntary in lieu of ta-- payments to Rea.dinc., Wilmington, North
Reading or Lynnfield.
DVTSORv BOA wD
9- With-in one hundred., twenty (1-70) days after the
effective date of the special laglsl;z,.ticn rafer'ed to J _n
paragraph 3 of this t?greemenz, the R_~_:D Board Shall take such
votes which are, necessary to °_5 abllsh an Advisory Hoard which
will formalize for Wilmington, North Reading and Lynnfield an
additional opportunity to provide input to R_= in its deci Stun-"
tacking. The annual appropriation for such Advisory Board shall
be $15,000, unless a greateT"'amount is recommended by RMLD`s
?Man.acer and approved by its Hoard pursuant to G.L. c_?641 s§DO.,
:,7 . The functions of such Advisory Board are described -in
Attachment b to this Agreement. As sneci f ied in Attac ment 4,
with re_mect to all matters within the Lu_ Tisw c- the Advisorv .
Board, Such. Advisory Hoard Shall be afforded periods of up to.
th i rty (3 0) days tc Suhmi t advisory inu L to RMLD , in addition t c
the ammortunity to be heard at the public sessic-n of any FMLD
Oa;-; Mattinas _ all such incut shall be comml=_ely advisory in
ti
nature and may be con_iderac Cv t_ - Boa and Ge? e?'c7 i~cnaCer as
25
~IV
'1 L
I1
N A L
} they see fit pars =-nt -to their exercise of 's -azutar-i powers under
C _ L. c-164 g and otne?-w-i sa. The dvisorY Board shall not be
entiti ed to attend executive sess1085 of the Board and Shall not
have access to Board records which are not pubi 1c records.
STRE-"T LI - --:1 -7qc
10 . A~s an a1 e-T-na L? Ve to other ra L°T eking approaches
authorized under C.!,.. c.164, 05$, R-YT-.D's s"?'eaLllCnting ?az s as
in effort from time t0 time and applicable t0 the toWTiS Of
Reading Wilmington, North Rea inq and Lynnf-ield, shall be
det.=rm fi ned On the basis of COs'. Of sere' Cc si'1Q1c'S COnd11Ct= from
time to time by R=1 and shall not be unlawfuliy d-sc:1111natory.
Such cost- of service s `udies shit i i be conducte^ w l t-=? r-
in the manner that c l1 i i'- re-as 1c
~eau.encY and L. R-MT~D ~la__ in Qnab-
discretion determ? Ile _
TERM OF A_GRF-XDT"I
i I . (a) Tile tee? Of tiZis creenent shall be fo= a nerlod of
twenty (20) years commencing on the date of execut On of hi
dreement, except as otherwise provided ? n Uarauraphs 3 and 6 o-E
tR1s Aare-ndnt_ This term has been arrlVed at by the parties in
order to of ford RiMD sL•ff cleat 1--Xi hi 1 i `Y to make ? Onc ter
Dower s111D01V arrangements, cons_s `.=nt with the PQ i i r _cc c f,
DPU, and t:ne--ebY afford 1L= customers Crater rc s =bi i itY.
During such te?"m TNiimi ngton, North Readi nC and ~ •r.ii el d s al i
not tilde anY actions , a L the DPU or o -ie= ri ? s e , LO G . _ . f
t
sant to anV Cener__ Or
C. 164, 543, St_ 1 908 , c_ 369 or Lur `
1 ~ i
G&0 -
V~
C.. R H ~ .
special law for the purpose of :,eating a municipal light olant
or ac:sulrlna the plant of T-MILD located •N1tZ1n -lie1r rasaectlve
town 11?111ts _ Any vote by anv of said towns to aC :ll1ra t_-ie plant
of R?"1.TsD in said town and any action by said town at the DPU shat l
constitute a material breach of this Arn-aemenC- The nartits
Shall use best. eff:ort-s to secure the enactta-en-t- of special
l ct^,,'i slati on, the ford of 'wh Ch is attached hereto as '_tt'?chment
2, which confirms and aut-or-izes 'the und"ertak ng of these
obligations for the term of this Agreement. ' Tn the even: that
the tern of this AcrreeTment set forth 1n this paragraph is
determined by a court of com-oe~t`nt juriSuicticn t-o' Excae'd the
authority of one or more of the parties, this 'areement. small noz
be rendered void by virtue of such det`rmi_nati.on, but the term of
this AarOement shall be reduced to be the Greatest number of
years such, Court shall find to have been witb.ln the contra Ctina
authority of the T=ties.
(b) At such time or times as there are tan years ramalning
sLbse~ilent ta'-m Cf this Aciteemen' t,
under the Ori Qi n? l tarB or' any
P-M-11D and one or more of the other p2? t? - may elect to extand such
re?IlaininQ term as between them by an additional neri od of ten
Vears. Such extension shall be made pus-=cant to a doc-ament s i cne^
by such parties. T -n the event that MELD wishes to so e`{tand such
criginal or subsequent term oL t_. -is 'Agrsement, _L _si all notlfv
e=Ca Ot?7cr party f s Board of Selectmen by csrz = led ma11 , _ atl~rn
r=Ce1DL revue-sted., of its 1nt=ntlon to so ~`£Lend sa& tern, az
least one hu.ndr_r; ei ghtY (=$d) days prior ro C_`=e expi ra tlon of t le
-21-
~v
Vl
0R Iii
tenth year of the original or any subsequent term of the
Acreement_ W ti71n said one hundred eichty (130) davs, Wilminguon,
North Reading and Lvnn lelo, or such of those towns which are then
parties under the agreement, sshall take such votes as each town
deems necesscrv, to authorize or d saDurove such an sxtens?on of
the term of this. Agreement and shall notify RIMD of such votes 'JV
certified ma-i1, return re_ceiDt. requested. The =ai lure of FTMD to
no tlfy the partie-s as provided hereunder shall not const? Lute a
breach of t_h s Acreement unless RFMD fails to cure such failure
of ter w-rltte_n notice from another party Dursuant to ParaaraDn ?2
of this "Qreement. Such cure by RY-T D shall be effective even
the', notice whl.ch it gives occurs less than one hundred ei ghty
(180) dZYs prior to the .e_'KD i rati on of, the tenth year of the
I 1~ .
onci nal or su.bseauent tern of the Agreement, and she marines
raceivi ne such notice shall have one hundred ei ghtV (180) days
from racei Dt thereof within W11 Ch to take the aforesaid votes.
The failure of any town to vote as provided hereunder shall noz
constitute a breach of this agreement unless such town fails to
co-re such failure a=Leer vritten notice from another party pursuant
to Paragraph 12 of this. Agreement- Rte! D shall not LY rte? 1-m-i naton,
North Reading and L nnf i el d at the time and in the manner
smec?f?ed herein above if it does not wish to extend the oriclnal
or anv su^scQLent tern of th?s ALgrasme,nt_
CONT! :Vu T! ON OF S r?Tl lCr
_ lino., the exillrat? cn of the ter31 of t:1? s =cr ee3Tle?1.L in
ac^or^ancs wit-h- the provls? cns of Daracramh 11 cr tcT_m1nac? on of
V _
-2 8L -
ORIGINAL
i'
this Agreement in accordance vi t:`i the provi si ons of oaragranhs ?
or 6, r -D shall Conti nue to serve jy i l mi nq ton, No?--Z`? Re_d i nc and
Lvnn=ie?d pursuant to 5t. ?goo, c369 and C.L. c_,64.
BPFACH
13. (a) EXC°r_J't as ogler-wise p ovided in t_ilis Acreement, in
tD
ses
the event that any party tO -Lhi s Agreement neglects Cr re-U
Cure !L--s non=per- ormance or deficient performance or otherwise
=ai 1 s to 'perform its obli'gations for a •peri od or sixty (60) days
aftar receil]t of Written notice from another party s )ecifvinQ the
deficiency or non-performance, then the non-per=ori ne Dcr%V
shall be deemed in breach of --his Agreement. in the event of
such breach, any non-bre=-chi rig- pa?-t1 may take action -in a cour`
of- competent jurisdiction to compel performenc- by the breachi.na
_part.7, to recover damacres, or for such other relief as may be
available at law or in e=2-T:y.
(b) in the event that any of Fri ? nii ninon ; Nor t?1 Read i nC
or T ynn f i eld bra-aches the prov i c i one of pzaraq--aphs !!(a) of this
Agreement, then suC]7 bre=aching- pa- I. her=_bv consents tilat it
shall be l i able to 'Y_,D -or dam-aces, which damages -may 1nC! uCe,
but not be limited to, a reasonable share of -24L-D's cosi unc.:S
power su.-only Contracts,. Power Sales AGrccmenLs, and o-her
aeneration, transni i_-=ion and di-=tributi an crra=iCe?le.i~= in i7ilic::
RTM~T•D made CoIIII1ltent5 to purClasc ZGwe'r supply, t=cTis-mit and
_iear_ • 1
Q.-~.lid •L. e ect.r..1dii-ty taking into its ec(_
r b1.1. L.G . its on to
sar'Je such hr==China na.i'ty and ttae projecteed el ?c load and
cons rantiOn mat terns of such breaching Dar L- ~ s lnhabi.t= is _ Tile
character and amount of such damages shall be determined by the
DPU and may be miticat`d to the extent determined by -he DPU by
any murchases of mower at wholesale by the breaching par`y from
R.M.LLD. All such determinations by the DPU shall be subject to
judlci a l rev- Jew in accordance with law. Notw? t_hst.anding the
foreac-ing provi si ens of '`his maragraph, the terms of this
paragraph shall not constitute and shall not be used in any DPU
mroceeding as an adm i sslon of liability for damaaes by and
againS - any pare to this Agreement which does not bra=Ci1
paragr=aph '1(a) hereof.
=,-IRE AGREE?I-ENT
1 d. This Agreement and i t s Attac.'llIIents cons t? to the
ent? re Agreement bei.,teen the Turtles relating t0 the sub] ec
matter hereof, and all mra ions agreements, discussions,
C.:.mmunications and correspondence with respect tc th-e subject
=Creemellt .
matter hereof are superseded by the execution of this
CONTROLLING LAW
1_. The ? nterpr`ta i cn. and perZOr~ii aI1C° O L this AC= eemen't
shall be in accordance with and controlled by the law of the
Commonwealth of Massachusetts.
rTTri_ n*m -r m r
16. Each martV t0 h.-'s Agreement reDresanz-= tha,- it. ^as the
i
Dowcr and alILT]OrI~T to enter into this Agreemant and that nrj s C
s
IN 3:k
A-reemeat constitutes a valid and binding obligation with respect to it-
Wilmington, North Reading and Lynnfieid represent that, prior to the
ez.ecutioa of this Agreement, all votes necessary to authorize their
respective execution of this Ac';? etment have been duly taken.
R,T WIT-NESS W=REOF the parties have eiecuted this Agreement as
of this day of 1990.
TO~ IL.Iv N~ RF-A DR G ,MTJ-NICIPAL LICIT
- - -
TO . . . G
i
`i
RF k.Da G
= - -&1 • - - - -
DEPARTS
TOWN/OF LYINI
L -~.4, ~Vlz-
1~.
Lk ~
31
SAL
A_TTA CST 1
COMMONWEALTH OF 2x.2k-SSAC-H SETTS
DEPART I NT OF PUBLIC UTILITIES
In A Matter Of A Petition }
Of The Town of Wilmington ) D . P . II'. 87-212
For A Determination Of Value )
Of Electric Plant Under G.L_ )
c_ 164, S43 and St_ 1908, c_ 369 )
MOTION FOR STAY
r_.
Pursuant to 220 1-04(5)(a) and 1_06 (6) (e) of the
Den~rtm-ent's Procedural Rules, the Torn of .Wilmington and? the
Read? na Municipal Light Department hereby moue mat the Petition
f i led in the above-canti ened matter be stayed, pending fur~Lher
notice from t-he parties to the Departm-ent_
WHEREFORE., the parties pray that their joint motion to stav
be- allowed _
Respectfully _submi tt=a,
TOWN OF WILIINGTON
By its attorneys,
R.EA..D NC- MUN I CiPA-L LiGF'I` DEPARTY.-H-4TI'
By its attorneys
.Kenneth M-- Bazrna
Alan D. Mandl
Rubin and Rudman
50 Rowes Wharf
Boston, Yj 02110
(6!7) 330-70:0.0
Date.: 19_
32
4
I 'mss yA Y
L .
ATT'AC_T7fi=- 2
A CERT_&.-TN ACT CONC-RN .ETC- THE PROVISION OF ~.ECI`-D. 1 C SERVICE
BY THE TOWN OF R=E DING MUNICIPAL LIGHT DEPAd Th- I TT TO THEE
TOWNS OF REA.DiNG, TWIL-M- NGTON, NORTH READING AND l:YNNF ITEMD
Sect-on 1. Not-wi iris tanding any other provision or law, the
Tow- of Reading Municiaal Light 'Depar-went is authl crized. to
include in annual oterating eXmenses and recove-_- th -ough its
electric rates volvnta=Y, in-lie*z-of-tax pzvisients made to the
Towns of Reading, Wi.-i mi'ngtozi,' North Reading and -Lynnf eld. Suva
payme:7its may be made during each calendar year C--=encing With
following
the
the ef-ective date of this act, in accordance w?t^
f ormu.la
(a)
'tee "Town of Read' in7 Municipal Light Dena_- . 'It _=ha11
calculate an amount equal to t.qo (2) percenn or its net
plant, det~~i~ned in accnraanae wii th policies and
decisions of the D.P.II., as e- the ena of tae calendar
year prior to ysl-~Zr` in wh1Ch tae in lieu of tax' payments
are to be made; and
(b)
the amount calculated in Section (1) (a) shall be
appropriated" by the Torn of Reading Municipal Ligfht
Department and di--tributed duri na such year to the
Towns of Reading, wi ?mInoon, North Reading and
Lynnfield as in lies of tax payments based on a pro
rata allac~--tion in accordance with the respective
retail kilowa.t`Lhour sales within e=_ca town -'ram such
prior calendar year. as 'a percentage of t :.e Town of
Reeding Municipal Light Deoaz'tm-ent's total retail sales
within all four of the town during such. prior Calendar,
Year.
Noth
ing in this Section 1 shall preclude the Town o Reading
Municipal
Light Dena---tm-ent from e arn? nc a ra ur of --gCht percent
per annum an the cos"- of plant in accordance with G.L. c.164,
55;8, Making additional VolLI7t='~y L n lieu of ta-- 1-0 the
33
-44-21k L
Torn of Reading from its unanuronr?ated earned surplus, and
Otherwise US1nQ is earned return of uD to eight percent per
annum for purposes authorized by law-
Section 2: Not-withstana' na .,any other provision of law, the
Tosxiis of, W i lm? na ton, Nor:h Reading and L irnnfiel d ara authorized,
to contract. for, and shall continue- to receive electric se-? -,rica
from the Town. of Read l ng yu ni cipal Light Deoar.ent ror a tarn of
up to. twenty years comme.-nci ng an the date of exe=ati.on of such
contrac=t- ..sty such contract exea.ntad,Dri _or to the effective date
of thi c act 15 heraby rati fired and made eTiect~..Te_ During the
term..of such contract, the rights accorded to suca towns under
St- 1908, C.369 and. G. L- C-164 to purchase and accui ra the D lint
of the Town of Reading. Lunicipal Light Department- are herehly di
no force or eff.act and cannot be exercised; provided., however,
that. after the e:=irat.ion or tar-aination of such cont=act, such
towns shall have the right t❑ purchase and ac--u._--a such plant in
accordance Teri th. the provisions of _St._ 1948 , c-369 and G_ L_ c-16 A
Section 3. This act ..•sisall be ccnst*-ued in all ras'pects so
as to meet all cons tit.,at onal raau=-;=ments _ in carrying out the
purposes and provisions of this act, all steps shall be taken
Tr+hicZ are necessary to meet cons t.1tutlonal r 2qui repents winether
or not Si:ch steps are reaui red, by s tatlat;
I~
CV
34
AT`I'A !NT 3
COY_Tx_ON"w_E2~,TH OF HASSACSiUSETTS
DE.PP_R__. 'I` OF PUBLIC UTTLIT T ES
)
In A mat:"er Of A Petition }
O?= The Town of Wi1m?ngton ) D.P.U. 87-212
For A Determination of Value )
Or Elecl_-J c Plant . Under G. L
c_ 164, S4-3 and St. 1908, C. 369 )
)
MOTION TO DISMISS
Pursuant to 220 1.04(5) (a.) and 1;.06:(':6) .(e) of the.
Demar ment's Procedural Rules, 'she 'Town -of Wilmington and the.
Reading Municipal Light Depari=aent hereby move that the Petition
f i led in 'the above-ca-oti oned matte be -,d sm ssed_
A..s crrounds for' the? r motion, the' pa_T ti-es submit t-hat this
matter has been rendered moot by an Agreement entered into by
the pa=t-i es , too. ther with the Townso= Lv.nn= i eid and Nor"
Read', no,
W-=,E OR!=., the. parties pray that them- joint motion to
dismiss be allow'ed_
:.Respect . - slly s'u.bm? t ted ,
TOWN OF W 1 1:tENGTON
By its at torneVs ,
RF3DI34 - ILL .CIPPL, LI =-n-. DEPAR?"NE-N71'
By -its attorneys
i
Kenneth M. Barra
A? an D_ Mandl
Rubin and Rudman
50 Roves Wharf
Boston, HA 02*1 0
(617) 330-7000
DcteQ.: ~ c]
35
ATTACHMENT s
~ s j ~~M!TTOi~ rcECEiVE I
ADVISORY BO TO
U+."ir11'_L LICNT DEFT.
RE 11<;; 1»~S5
. ~ pURPOS _
vise
the R ComnisfiPn ~ ha,~Tl b It
Tne purpose of the, Advisory Board to MLD
The R~___.)T Commission regarding the operation, as defined ,.urule_ in L715-
documenL, of the Reading M1rrlicival. Light Depar=ent-
RESPONSIBILITIES:
The Advisory Board to the RMD, Comsission shall have c:o major
responsi bilit? es_
First, the provision of decision-making inputs to the miD Board on 1551]es
concerning;
1 Significant E~mansion or Retirement of W-31 s Transmission,
Distribution, General Plant, or Generation;
2 Power Conzrac'LL and Agre=meats and their Mix;
3. Cost-of-Service and Rate Making 'Practices;
4. Financidl and Ac ou=nr?ng Practices; and
S. OLher I zue_ that may come before the .Board.
Commission all revi; tae ,es;i _ed
Second, tine Advisory Board try the PMlD
The Advisory Fsaard may recorru end
operating and, c=pital budget of u'~e RTU-
- incr e a.=es, .decre-ses, and alterations to the. proaosed .budge-.
.
"M-'PS"T =dbiiect to aparoval by member _ tows):
There shi_1 be an Advisory Board to the RM3 Corrais-ion consirzin2 a =eve
- ~
Titember5_ EaCa1 mu>.-n shall have the iollokting number at memoers-
k~i lining Lon - l
_ Reading
Norte Re-din.- 1
Ly~nii:eld - 1
All, members will have an. equal vote. A quorum of ti'?e ;,dvisorr Board shall
consist of tar er members . All members will be approved by t=ae ";card a=
Seleczmen of tae =ro-oriate tower..
- L3NCiION:
The Advisory Bcard to uZe WED coumzission _shall become rargi liar it b the -
ouera'C20ns of chi e W_ D
and 5hal l -'provide meufoer taGr-,yc' i rlDLTt RC. armzl.is_ions deci Dian malting process.:
-
1115 1bUt1Gu
C i i =i C=rlt E=21-151on or Retlre:t =7 of 81,931 Is T r ansmi cc i on and
Plant-
1 i 175c~1KS ? a17 is de_ i'1e? a all c ~i 1Cr11I e5 am3 , ecui umenz c.-ac i ove^ ai a pr- mar
source oz R1pDly (,i oeriercting station, or point o~ receipt in he case c_
.e_
-1-
36
purchased power) to cizanee the Vol tape or freauene7' of e3ectricivf for the
Du1_DCSe' o= jTS More efIicienT or conveTie:It transmission- It ah?gh1L soon
all land, szruczures., lines, switching and conversion statlonsa P„ZeTCting or
Qooar atus, and their control and prottczlve equipment 'erwe` olesale int.
r eceiving point and the entrance' zo a distribution center or wholesale'. T.
Finally, it also include_ all lines and equipment whose primary P rF
augment, inteoraLe or tie together the sources of power supply-
Distribution is defined as all structures, conversion equipment, lines, line
transformers, and. other facilities employe bet-ve°n the primary source of
supply and delivery to customers, which are not includable in the transmission
system as de=ined above.
"Significant" is de=lned as any item involving transmission and ais=1bution
as defined above that is norually submitted for approval to the AMD
Commission under the annual capital budget. It does not include maintenance
ite_-, in-kind replacement , or small modif? carions. nor„.lly done by the
Department without Commission approval.
Lona-Term Power Contracts
l Manager and his scai=, sza11
ine Advisory Board, in adciiti on to the Gera Commi ~~ion an the purchase of
review -and prayide recommendations to tine RML13
'electric power, capaci zy, -and-or-her energy•contraCtS tnaL are necessary
to assure the long term supply or elecLrl.c power aL competlzlve prices.
Long term energy contracts are de. fined as any energy and or capaci Ly contracts
gnat are not dez"ined as a s_ilol%-term cont=ract and "hererore would require
approval of the RMZD
Commission prior to e-_ecution or acceptance. 'Shore-term cont_ aczs are de; ined as one thaz seers. mil? tile Following condi Lions:
l , less than 10 met-SW-- s ..in energy
? les_a -c~7an b months. in d=-,zi-on
jr-i
eme'~L
does not Con"Lain itL1 eT
G :lerdlly, sYlort-term poker comic; S involve sain-g, selli , or acQL'_-r7ng
COIltrac-s that cppe=r on the spot market and are advantngeoi5 to Zile
Rt~~ ratepayer~_ Long=term power con raCts are usually multi-fes.
The Aav? salt Board w l i be given hii f1n)'s tD reYlaSc and TBa.Ke
recomme_*idztians on all proposed r-a-Le scliedules and .cost of services analysis_
ine DFJ required public. notice period will not begin tmti.l aster the Advisor
Board has ;'.ad L:ne entire tnJ days_ zo reviav and make rec_ommendszions on
_proposed rate schedules. Failure by the Advisory-Board to make a
recommenaatian w-itadn -dpiL, days wd 1 a=s== approva ooi_the propose-rate -
scnedule _ - - _ -
7 _
37
"1
Financial and Accounting Practices: The Advisory Board shall revj-es and
provide recommendations from time to time on the financial and accounting
practices of the RMLD. The R}U is rewired to follow the "Uniform System of
Accounts for Electric Accounts" as prescribed by the Department of Public
Utilities of Massachusetts. For all significant accounting and financial
actions or changes. The Advisory Board shall deeide whether to review the
action or change or maKe recca nendations for all significant actions, as
defines mss:
1. Creation of reserve accounts or any alteration tD existing reserve
accounts. Alterations are defined as a transfer to or from a reserve
accoLmL that is not a posting of accrues interest.
2. Authorization by the Commission for any customer rebates to an enti:rp
class or classes of customers as defined in the filed elec_ric rates.
3. Filing of r3Ye annual "Tepreciation Request" to the DFU_
4. Submission of the Department annual o_uerat?ng and capital budget for
approval by the RMLD Commission-
Other Issues: A11 ini=ormati on made available to the Rte' Bo;~rd, in accordance
wi in tine Open Meeting L k, will oe made availab'1 e to the :Advisory Boards =-I he
- - -Advisor-y Board has the right to tike rezommend2mions on that hr Lerlal w-iT:rlin _
the schedule allowed for the `RMLD Board.
Annual 'Budget Review- Tine Advisory Board to the RM 3 Caribission shall review
the itemized annual operating and capital budget of tie PIED, and the Advisory Board ma- recommend increases, deer e`=e5 , and alteTat2 ons to the proposed
budget- The Advisory Board suall review the proposed budget for born its
abi nzy to in=ure the proper maintenance and needed improve-m--nts to the
physic_1 plan of the RM_D, and for its fiscal res-Consibility and iMD'act on
razes.
Upon conclusion of utie revie:: process tae Advisory Board -hall- hold a pub?ic
hearing on the proposed budgets f. ie Advisory board shall `hold one Midget
review in a puDl? cplace easily acceE.=ible to the puol? c. At lest one-hal.E
o= all budget review se=ssions =shall be held outside -the W-2- bH ces.
-.-ter such hearing or hearings, the Advisory Bocrd, by a mzjority-vote. _
determined in accordance with L1e 'pro'visions of subsections (Mesibetiilp), aCc}T
recomaiend -deletions,' additions -co, a:lte ations, and rev=se . aty line item
appearing iZ said budget request or plan- Said re*=mme_mcatiors s'h;:"rI b--'
LTl•CDrpQrcted into a plan subaitte^ to. The RED, ComaL, n.
She Advisory Board shall f o%ard its recommended bugger to the MU Commission
- ar:d RW__ DI Y;nager with accoIIrila`nyinig doc.'Jnentation, Just-:=.Zcstion. and Ln such
;-Crm 25 L-ae PM -31 Manager may re'qu'ire, no later t=om rr."o M01=5 visor to Lne
Star Of the P.MTI . is scal year .
38
ORIGINAL
r~ c piSBS OF ~ ADV?5OR° BOARD
The RUEZI n w411 provide a *n; * { **~'m ai'=uaI budget of 515, 000 a vex to pay for
inc•r-ad cansultaut expenses of the Advisory Boa----
The Adviso7y Board agrses to prepare and subm{t a budget tecuest to Rd's
5
2+_anager far additional professional se--7, cps above 51,000 by HOYe~er 30th of
each yea.:. Such a budget recaest, or any portion the=-aF, _<s subject to
raview by RuSD': Hanager and approval by its Boa-rd pc:=aua
5?.
The Ca*~~ Rsien is not obligated to de-f- any decisions longer than 30 days
after the Advisory Boa--d has unt=ied the C- 43fi10n that '_t ?otends m
provi de a =spar-=, rer^*rnf-n iat4 m, et=-
The Advisory Board rpcoan..-es that the aanages, under d1--act-ion and cant--nl of
the Reading Municipal j l gir Boa=d, has -full caa--ge Of the ope._ Mtian, and
management of the plant, the manufacture and di s-=ibuticn of gas, cr
electt:icity, the purchase of supplies, the emnlovment of a~ evs and or
accents and servants, the me-thod, time, pricy, cuantity and c-~al= r of the
supply, the collection of bills, and the keen-of acc its.' ?s such any
cmnsultaats re a ed. by the Advisory Board shall tm and be manaced by
the 2;_anace=_ however the xanager catnct edit or othe=w-,se orange the
canclu.s inns and rec^_smendatio; s of a consultant, s re'_ c= = to the. Advisory
Baa=-=_
ORG;i=A._20N
The Adv-i ser^ Board sha1.1 -nsisn of Act more t_`xa_n flue me Hers who shall sere
id
far three ye=-- terms, except that the iait; _I t°-'"= may be less tc prove for
stacrgereed t;~s _
The Advisory Boaz.--4 shall e__ ear - and select a caa±_-ran z.d sac ether
offics= s as it sees fit-
The A.d ; sary Board may adopt such rules of meeting - it deems necessary for
the crdf--Iv cnnducn of -,is business. d r-.ales shall be ccns_sent with tae
S_ .
Laws of xa4sac:^usetts.
qI,
39
LEGAL NOTICE
oeR
i
f 639.1 0
RF0~P•G
TOWN OF READING
To the Inhabitants of the
Town of-Reading:
Please take notice that the
Board of Selectmen of the Town
of Reading will hold the follow-
ing public hearing on Tuesday,
January 12, 2010 in the
Selectmen's Meeting Room, 16
Lowell Street, Reading,
Massachusetts:
Starbucks Early Opening -
5:00 a.m. - 288 Main Street
7:45 p.m.
. Copies of the proposed doc-
uments regarding these topics
are available in the Town
Manager's Office, 16 Lowell
Street, Reading, MA from 8:30
a.m. - 5:00 p.m., M-F and are
attached to the hearing notice
on the websiite at
www.readingma.gov .
All interested parties are
invited to attend, may submit
their comments in writing, or by
email prior to 4:00 p.m. on
January 12, 2010 to townman-
ager@ci.reading.ma.us.
By order of
Peter I. Hechenbleikner
Town Manager
1/6 •
40
Easy Peel® Labels
j
Use Ave jO Template 51600
DOOLEY ELINOR
DAVID DOOLEY
267 MAIN ST
READING, MA 01867
® RR&IM Bend along line to
Feed Paper wmmu~ expose Pop-Up Edge m
j
BASTERI JUDITH
ANTON MELCHIONDA
271 MAIN ST
READING, MA 01867
MISHIT SAUNDERS TRUSTEE LALLY STEPHEN J
KING REALTY TRUST JOHN W LALLY
`6 BROOKBRIDGE AVE 34 AVON ST
PEA CdDY, MA 01960 READING, MA 01867
TAR JUNE R
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HURLIN CHARLES W
295 MAIN ST APT 5
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HARRI]NGTON MAURA J
295 MAIN ST #3
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LEACH JASON
295 MAIN ST UNIT 6
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MURILLO. DORA
295 MAIN ST UNIT 8
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HARTE P AULINE M
295 MATT ST UNIT 11
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DOREN JANICE G
295 MAIN ST APT #14
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DIBELLA GREGORY J
CAROLYN M DIBELLA
295 MAIN ST UNIT 9
READING, MA 01867
BOURKE ANNA M
50 SPRUCE RD
READING, MA 01867
MANCUSI VINCENT D
295 MAIN ST UNIT #15
READING, MA 01867
EAST MIDDLESEX ASSOC FOR SANTANGELO PAULA
RETAIRDED CITIZENS, INC. 295 MAIN ST #18
20 GO: LD ST READING, MA 01867
READING, MA 01867
MTJKHERJEE BARUN
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295 MAIN ST #20
READING, MA 01867
. TAGGART VIRGINIA M
9 MAIDEN LANE
.LYNFTELD, MA 01940
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295 MAN ST
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5220 BONITA BEACH ROAD
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132 WINNAPAUG RD
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DEGENNARO BENJAMIN III
295 MAIN ST #1
READING, MA 01867
DIVAN CHARLES G (L.E.)
HELEN M DINAN
295 MAIN ST UNIT 4
READING, MA 01867
CASSESSO ROBERT JR
RMC READING REALTY TRUST
295 MAIN ST APT #7
READING, MA 01867
CHRISTIAN ROBERT B
PO BOX 415
MEDFORD, MA 02155
MCKEOWN LYNDA M
295 MAIN ST APT #12A
READING, MA 01867
NEVILLE KATHRYN A
295 MAIN ST APT 16
READING, MA 01867
GALLAGHER ANDREA T
295 MAIN ST APT #19
READING, MA 01867
VERNO AH.ARON
1408 COMMONWEALTH AVE
UNIT #11
BRIGHTON, MA 02135
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295 MAIN ST UNIT #26
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CONNARD GEORGE BAER.
295 MAIN ST UNIT 27
READING, MA 01867
MCDONOUGH BRENDAN M
118 GREENWOOD ST
WAKEFIELD, MA 01880
LOMBARDI PAUL L
295 MAINST APT #29
READING, MA 01867
GIBBONS JOSEPH W
PATRICIA A COTTER
10 PINEVAALE AVE
READING, MA 01867
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16 PERCH AVE
READING, MA 01867
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11 PINEVAALE AVE
READING, MA 01867
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295 MAIN ST UNIT 30
READING, MA 01867
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READING, MA 01867-1759
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'_41001.
Section 3.9 Waiver of Retail Sales before 6 a.m.
Section 5.10 of the General Bylaws of the Town of Reading prohibits retail sales prior to
6:00 a.m. It also provides for a process by which the Board of Selectmen may consider allowing
retail sales between the hours of midnight and 6:00 a.m. when the Board determines that
permitting retail sales during those hours is in the interest of public health safety and welfare, or
is in the interest of public necessity or public convenience.
These regulations are adopted by the Board of Selectmen to provide guidance to the
Board of Selectmen, applicants, and the public regarding how applications for waivers from the
restriction on hours of retail sales will be handled.
Each application will be dealt with on a case by case basis. An initial application for a
waiver or hours of retail sales prior to 6 a.m. shall require a public hearing noticed to all property
owners within 300', and by publication in a local newspaper and/or publication on the Town's
web site. Renewal of a waiver shall be required on an annual basis with each waiver expiring on
December 31. The Board of Selectmen shall determine on a case by case basis whether a public
hearing is required for each renewal.
The Board of Selectmen may revoke approval upon receipt of complaints that the
operation is taking place contrary to the approval granted by the Board. Revocation shall be
made only after a public hearing, unless emergency circumstances require an administrative
revocation pending hearing.
The following guidelines are not intended to be a full list of issues to be dealt with by the
Board but are merely guidelines to the applicant:
1. Approval will be granted for businesses within a commercial or industrial zoning district
only.
2. In general, approval shall be for the entire business. For example, if a business dispenses
gasoline, sells coffee, and has a convenience store, all within the same business, then the
approval shall be for all parts of the business.
3. The retail use for which approval of a change in retail hours is permitted will be the
principal use on the property.
4. Written approval of the property owner will be required prior to the Board hearing an
application for a license. This will need to be renewed annually.
5. The Board may require evidence that the change in permitted hours of retail operation
will have minimal effect on the neighborhood adjacent to the site.
6. The applicant must show that adequate controls are in place to ensure public safety and
follow food code sanitation protocols.
7. No waiver of the hours of retail sales will be considered for prior to 5 am Monday
through Friday. No waivers shall be considered for Saturdays, Sundays, or State
Designated legal holidays.
8. The Board may limit the use of outdoor speakers, drive-thru's, and/or restrict parking in
certain areas in order to limit the impact of the waiver on neighboring properties. In
order to address these issues, the Board may require a site plan from applicants, drawn to
scale, and showing locations of these features and their relation to abutting residential
buildings.
9. Prior to the issuance of a waiver on the hours of retail sales, the Board may request a
review by the Health Division, Police Department, and the Building/Zoning Inspection
Division and proof that all necessary approvals, permits, and other licenses needed to
operate have been issued.`
Board of Selectmen Polic es
44
10. A waiver to allow retail uses prior to 6 a.m. is not a waiver of any other bylaw or
regulation of the Town of Reading or other agency having jurisdiction.
11. Parking lot cleaning, and other maintenance operations (excluding emergency work), and
deliveries shall not take place between the hours of 9:00 PM and 7:00 am. Rubbish
collection and recycling shall not take place between 9:00 PM and 6:30 al-fl.
Adopted 6/26/07
Section 3.10 -Licenses for Utilizing Public Sidewalks for Outdoor Dining
The Board of Selectmen desires to encourage restaurants to provide outdoor dining on
public sidewalks in the downtown area of Reading in a safe and orderly manner. These
regulations are adopted pursuant to Section 5.2.1 of the General Bylaws of the Town of Reading,
which provides in part that "No person shall place or cause to be placed any obstruction in any
street, public place or private way in the Town without permission of the Board of
Selectmen...."
Outdoor dining on private property maybe permitted in addition to or in lieu of outdoor
dining on a public sidewalk, upon site plan approval by the Community Planning and
Development Commission. This policy addresses only outdoor dining on public sidewalks.
The following regulations shall apply for licenses for utilizing public sidewalks for
outdoor dining, or "Outdoor Dining Licenses":
Application
1. Each application will be dealt with on a case by case basis. These guidelines are not
intended to be a full list of issues to be dealt with by the Board but are guidelines to the
Applicant.
2. Applications for Outdoor Dining Licenses utilizing public sidewalks shall be made to the
Board of Selectmen by submission of an Application Forrn. The application will include
the name, address, email address, and telephone number of the owner of the building,
within which the restaurant is located, proof of ownership, a lease, or written approval of
the property owner within which the restaurant is located (if other than the applicant) for
the use of the premises for the license period. The application shall be signed by the
owner of the restaurant and shall be accompanied by a copy of the current Permit to
Operate a Food Establishment issued by the Board of Health.
3. The application shall also include 10 copies of a professionally drawn plan and all
supporting documents containing the information required in order to be able to make a
decision as to the license, and shall also include a plan for outdoor lighting if any is
proposed.
4. The License is revocable at will by the Town for any reason whatsoever upon written
notice to the Licensee from the Town. The License Agreement shall stipulate that in the
event of such revocation, the Licensee shall have no recourse or claim against the Town
for such revocation whether by way of monetary charges, a suit in equity or otherwise.
5. Outdoor Dining Licenses shall be issued only to Inn-holders and Common Victualers for
portions of public sidewalks directly abutting their business, and will be issued only
within a commercial or industrial zoning district within the Town, unless such a business
shall exist and has pre-dated zoning, or has been granted a variance to do business in a
location that is not in a business or industrial zoning district. 9
Board of Selectn2erz Policies
45
Page 1 of 1
Hprhenhleikner. Peter
From: Stephen DiNisco [sdinisco@starbucks.com]
Sent: Friday, December 04, 2009 10:47 AM
To: Town Manager
Cc: Stephen DiNisco
Subject: Main Street, Reading MA- Starbucks
Attachments: Reading Main Street letter.jpg; Reading Walkers Brook letter.jpg
Dear Peter Hechenbleikner,
Please accept this email as a formal request / application for a waiver of limitations on retail hours. Starbucks
Coffee Company would like to open both of our Starbucks stores, located at 288 Main Street, Reading MA and at
The Crossing at Walkers Brook, Reading MA at 5am (Monday-Friday). I understand the guidelines need to be
addressed per "Section 3.9 Waiver of Retail sales before 6:00am". I understand that Starbucks Coffee Company
will be responsible for the cost for the legal notice advertising the hearing notice (approximately less than $100). 1
have attached letters from our landlords approving this request for your review. Please let me know if you need
separate applications for this waiver for each store, I will be happy to provide them upon request.
1. Each store is located within a commercial/industrial zoning district.
2. This approval for the waiver is for the entire business (Starbucks).
3. Coffee is the principal use for this property.
4. See attached letter(s) from our Landlords.
5. Please advise if we need to provide evidence that this additional hour will not affect the neighborhood.
Deliveries will not be made before 7am; therefore we feel there will be no impact.
6. We always ensure public safety and abide food code sanitation protocols.
7. We understand we cannot apply this waiver to store hours on Saturday and Sunday.
8. We will not be using outdoor speakers, adding a drive thru, or parking with this waiver. The store will be
operating as it does today.
9. We will provide permits, licenses, etc if needed for approval of this waiver.
10, We understand that this is a waiver to allow Starbucks to open at 5am, and is not a waiver of any other bylaw
or regulation of the Town of Reading.
11. We also understand that deliveries will not take place anytime between 9pm and 7am, and rubbish
collection/recycling will not take place anytime between 9pm and 6:30am.
Please let me know if there is anything else that you may need from Starbucks Coffee Company to proceed with
the application for this waiver.
Sincerely,
Stephen DiNisco
District Manager
Starbucks Coffee Company
617-413-6100 Cell Phone
617-849-5492 Fax
q d;-]
12/4/2009 46
Nov 13 08 04:57p Dick Bell 781-944-4842 p•~
November 1.3, 2009
Caroline H. Parry
Store Development Real Estate Rep.
Starbucks Coffee Company
Boston, 1VSA
Deru- Caroline:
Per your request, I am sending you this letter granting our permission to open Starbucks,
located at 288 Main Street, Reading, \rtA,. beFore 6 a.m.
Yours truly,
Richard E. Bell
President `s ribell. Corp.
Owner - 288 1Vlai.n Street, Reading, ITA.
47
Page 1 of 4
Schena, Paula
From: Hechenbleikner, Peter
Sent: Tuesday, December 08, 2009 4:55 PM
To: Schena, Paula
Subject: FW: Main Street, Reading MA- Starbucks
Re Starbucks hearings on early operation.
Peter I. Hechenbleikner
Town Manager
Town of Reading 16 Lowell Street Reading MA 01867
phone: 781-942-9043 fax 781-942-9071
web www.readihgma.org
email town manager(a)ci reading.ma.us
Please let us know how we are doing - fill out our brief customer service survey at httpl/readinama-
surve .viy rtualtownbgll.net/surve /sid/30426f5473f3e953/
From: Delios, Jean
Sent: Tuesday, December 08, 2009 4:52 PM
To: Hechenbleikner, Peter
Subject: FW: Main Street, Reading MA- Starbucks
Comments below from Larry, I spoke. to Glen and he made a visit to both sites and said that he
would recommend a friendly reminder about A-Frame signs not being allowed. Otherwise
there are no other violations.
Jean J. Delios
Community Services Director/Town Planner
Town of Reading
16 Lowell Street
Reading, MA 01867-2685
Tel 781-942-6612
Fay. 781-942-9071
jdelios,, `ci.readin.g.ma.us
«,-nnnv. r e a din gm a. gov
From: Ramdin, Larry
Sent: Friday, December 04, 2009 12:40 PM
To: Delios, Jean
Subject: RE: Main Street, Reading MA- Starbucks
We have had issues with the dumpster at the Main Street, location. Increased hours ( at both locations) will mean
more trash, their dumpster is small. They will need to address increase in waste volume, by increasing trash pick-
up. The main street dumpster is area is small and located on Percy Ave abutting the residential neighborhood.
Larry A. Ramdin MA REHS CHO
Health Services Administrator
48
q
12/8/2009
Page 2 of 4
Reading Health Division
16 Lowell Street
Reading, MA 01867
781-942-9061
781-942-90717 Fax
When writing or responding, please remember that the Secretary of State's Office has determined that email is a public
record.
This communication may contain privileged or other confidential information. If you are not the intended recipient, or
believe that you have received this communication in error, please do not print, copy, retransmit, disseminate, or otherwise
use the information. Also, please indicate to the sender that you have received this email in error, and delete the copy you
received.
From: Delios,. Jean
Sent: Friday, December 04, 2009 12:16 PM
To: Ramdin, Larry; Redmond, Glen
Subject: FW: Main Street, Reading MA- Starbucks
Any problems at the Starbucks (Main Street and Walkers Drive) related to either health or
zoning?
Jean
Jean J. Delios
Community Services Director/Town Planner
Town of Reading
16 Lowell Street
Reading, MA 01867-2685
Tel 781-942-6612
Fax 781-942-9071
,jdehos(d~ci.reading.ma.us
www.readingma.gov
From: Hechenbleikner, Peter
Sent: Friday, December 04, 2009 11:27 AM
To: Delios, Jean
Subject: RE: Main Street, Reading MA- Starbucks
Can you check and make sure that there are no sign or other zoning violations.
From: Delios, Jean
Sent: Friday, December 04, 2009 11:25 AM
To: Hechenbleikner, Peter
Subject: RE: Main Street; Reading MA- Starbucks
I have no problem with the 5 am opening at either location.
12/8/2009 49
Page 3 of 4
Jean J. Delios
Community Services Di ector/Tow-n Planner
Town of Reading
16 Lowell Street
Reading, AZA 01867-2685
Tel 781-942-6612
Fax 781-942-9071
ideljos a:ci.reading.ma.us
wwwxeadingma.gov
From: Stephen DiNisco [mailto:sdinisco@starbucks.com]
Sent: Friday, December 04, 2009 11:19 AM
To: Hechenbleikner, Peter
Cc: Cormier, Jim; Ramdin, Larry; Delios, Jean; Redmond, Glen; Schena, Paula
Subject: RE: Main Street, Reading MA- Starbucks
Hi Peter,
Thank you for your prompt response!
1. Yes, I understand that any waiver would not include or permit Starbucks Coffee Company to open early on
Saturdays, Sundays and Holidays.
2. Yes, please consider these locations as separate applications
3. Our Billing address is: Starbucks Coffee Company, 85 Wells Avenue, Suite 110, Newton MA 02459
Attention: Stephen DiNisco
Thanks again, I look forward to attending the hearing (TBD).
Have a great weekend,
Stephen DiNisco
District Manager
Starbucks Coffee Company
888-729-5656 ext 5000056693
617-413-6100 Cell Phone
617-849-5492 Fax
From: Hechenbleikner, Peter [mailto:phechenbleikner@ci.reading.ma.us]
Sent: Friday, December 04, 2009 11:13 AM
To: Stephen DiNisco
Cc: Cormier, Jim; Ramdin, Larry; Delios, Jean; Redmond, Glen; Schena, Paula
Subject: RE: Main Street, Reading MA- Starbucks
Stephen
Thanks for your email. We will begin to process this application, and the likely hearing date would be January 5.
1 am asking the Health, Police, and Community Services Departments for comments on the applications.
2 items:
1. You understand that any waiver would not be for Saturdays, Sundays and holidays?
12/8/2009 50
Page 4 of 4
2. Do you want to consider each of these locations as separate applications? It is possible that the Board of
Selectmen would grant one waiver but not both.
We will place the legal notice, and have Starbucks billed directly. What is the billing address that you will want to
use?
We look forward to working with you on your request.
Peter I. Hechenbleikner
Town Manager
From: Stephen DiNisco [mailto:sdinisco@starbucks.com]
Sent: Friday, December 04, 2009 10:47 AM
To: Town Manager
Cc: Stephen DiNisco
Subject: Main Street, Reading MA- Starbucks
Dear Peter Hechenbleikner,
Please accept this email as a formal request / application for a waiver of limitations on retail hours. Starbucks
Coffee Company would like to open both of our Starbucks stores, located at 288 Main Street, Reading MA and at
The Crossing at Walkers Brook, Reading MA at 5am (Monday-Friday). I understand the guidelines need to be
addressed per "Section 3.9 Waiver of Retail sales before 6:00am". I understand that Starbucks Coffee Company
will be responsible for the cost for the legal notice advertising the hearing notice (approximately less than $100). 1
have attached letters from our landlords approving this request for your review. Please let me know if you need
separate applications for this waiver for each store, I will be happy to provide them upon request.
1. Each store is located within a commercial/industrial zoning district.
2. This approval for the waiver is for the entire business (Starbucks).
3. Coffee is the principal use for this property.
4. See attached letter(s) from our Landlords.
5. Please advise if we need to provide evidence that this additional hour will not affect the neighborhood.
Deliveries will not be made before lam; therefore we feel there will be no impact.
6. We always ensure public safety and abide food code sanitation protocols.
7. We understand we cannot apply this waiver to store hours on Saturday and Sunday.
8. We will not be using outdoor speakers, adding a drive thru, or parking with this waiver. The store will be
operating as it does today.
9. We will provide permits, licenses, etc if needed for approval of this waiver.
10. We understand that this is a waiver to allow Starbucks to open at 5am, and is not a waiver of any other bylaw
or regulation of the Town of Reading.
11. We also understand that deliveries will not take place anytime between 9pm and lam, and rubbish
collection/recycling will not take place anytime between 9pm and 6:30am.
Please let me know if there is anything else that you may need from Starbucks Coffee Company to proceed with
the application for this waiver.
Sincerely,
Stephen DiNisco
District Manager
Starbucks Coffee Company
617-413-6100 Cell Phone
617-849-5492 Fax
12/8/2009 51
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 tunable 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 Mark
Morehouse District manager
November 17, 2004
Complaint Dumpster being emptied before 6:30 am
January 14, 2005
Dumpster 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 file 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 dumpster. Spoke with Kathryn Fink,
Manager.' BOH Order to maintain trash area free of accumulations of trash, repair
enclosure and cover dumpster except when in active use. Corrected
January 7, 2009
Dumpster cover open, gate to enclosure open trash outside dumpster. $25.00 ticket issued
January 14 2009
Dempster cover open, gate to enclosure open trash outside dumpster. $25.00 fine issued.
Dumpster enclosure gate in disrepair. Discussed issue with Steve Crowley, District
manager and Dean Varney, Quality Control Manager and advised that further violations
will result in hearings before BOH. Order to repair Dumpster enclosure and maintain so
as to prevent re-occurrence of violation
Reading Town Forest Master Plan
May 13, 2009, 7:30pm
Senior Center
Minutes
Attending: Mike DeBrigard, Kim Honetschlager, George Perry, Patrice Todisco, Carol Kowalski
The purpose of the meeting is to begin a Master Plan process for the Town Forest. Ms. Todisco raised
the question of whether the plan would be produced by a Selectmen-appointed committee. Ms.
Kowalski reported that the Town Manager and she recommend that it be a subset of Town Forest
Committee members and others who would produce the plan, led by Staff planner Abigail McCabe
with support from the Town Planner.
Stakeholders
The following stake-holders were suggested, as a start, to include in announcements and.for input in a
Master Plan process for the Town Forest: Conservation, DPW, Walkable Reading, Tree Warden, Dog
walker's group (confirm name, WAG?), Scouts, RCASA, Fire Dept. (access), Police Dept., Trails
Committee, Historical Commission, Reading dog-owners listserv, Reading bird-watchers listserv,
Reading Recreation Department, Friends of Reading Recreation, Reading Water Department, RMHS
Science Department, Vernal Pool Club, Reading Open land Trust, Cities for Climate Protection, the
Reading Garden Club, Meadowbrook Gold Club, the neighborhood near the Town Forest. Notices
should go the gas pipeline owner (Tennessee Valley Authority), and to Rachel Baumgartner at the
local history archive at the library.
Plan Elements
Ms. Kowalski reviewed the likely elements of a master plan for the Town Forest: Existing conditions,
Vision, Goal-setting, Action Steps, the latter three requiring public input, and Funding/Implementation.
Scope of work
The group agreed that preliminary mapping and a summary of known conditions should be prepared,
including problems and opportunities. Ms. Todisco and Ms. Honetschlager cited the Open Space Plan,
At Wood End, and the local history room at the library as good sources. Mr. Perry and Ms. Todisco
referred to Ben Nichols' history on the Town Forest as another good source for information. Ms.
Todisco would speak with Virginia Adams of the Historical Commission, as well. Ms. Honetschlager
added the Ipswich River Watershed Association's Jim Macdougall for science and research context for
the Town Forest Master Plan.
Timeframe
The group agreed that this summer would be information gathering, reconnaissance, and site visits for
staff, and to compile a preliminary existing conditions summary and photographs. A public meeting
would be held in the fall to begin seeking public input.
Staff Planner available evening meeting times through June were provided to Ms. Todisco for
scheduling future meetings.
The meeting adjourned at 9:00pm.
(!X
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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:
ecdoucettc®brackettlucas.com
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
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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. e.140, §54, a copy of which is attached hereto for your information.' 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, upon 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 5. 11, 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.
1 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
ARTICLE. AMEND THE GENERAL BYLAWS OF THE TOWN OF READING
FOR THE LICENSING OF JUNK OLD AND PRECIOUS METALS AND
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 anew 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 April until May of the following year.
4.5.2.3 Record of Purchases Examination and Inspection of Records and Articles
4 k4
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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 thau Eighteen Years of Ate 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 Testing of Weighing 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 Regulations
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
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57
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.
4.5.2.9 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
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)
1W -ntle XX. Public Safety and Good Order (Ch. 133-148A)
,W Chapter 140. Licenses (Refs & Annos)
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.westlaw.com/result/documenttext.aspx?sv=Full&service=Find&utid=l &ifm=... 1/7/2010
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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 (1111/10). 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
~ l Sillii: E1 ' ,Cv`; i!irt'oor' I!:11-o) Nil invi'
'rown of Reading
16 Loi.vell Street
heading, NIA 01867-2685
'rel 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
1/8/2010 60
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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
6'1
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
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(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 the following:
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.
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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).
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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.
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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
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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:
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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.
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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 Validity
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.
Adopted 114-86, Revised 12-13-94
Section 1.3 - 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 Improvement Prej-eet Program (CIP), with an
understanding that Town funds will not be available until those capital funds are
available through the budget.
q fl
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 Pr-ajeet Program(CIP) 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:
0 The value of the donation is $5000 or less
e 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 making 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 by staff 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 wim
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
4k3'
72
Page 1 of 1
Schena, Paula
From: Hechenbleikner, Peter
Sent: Thursday, January 07, 2010 3:34 PM
To: Schena, Paula
Subject: FW: Poured in place rubber
Attachments: Wood end rubber 1 (4).JPG; Wood end rubber 1 (1).JPG; Wood end rubber 1 (3).JPG
Board of Selectmen 1-12
Peter I. Hechenbleikner
Town Manager
Town of Reading
16 Lowell Street
Reading MA 01867
phone: 781-942-9043
fax 781-942-9071
web www.readingma_orq
email townman_ager ci.reading.ma.us
Please let us know how we are doing - fill out our brief customer service survey at http://readingma-
su nLgy.virtualtown hal I_net/su rvey/sid/30426f5473f3e953/
From: Feudo, John
Sent: Thursday, January 07,.2010 1:30 PM
To: Hechenbleikner, Peter
Cc: Zager, Jeff
Subject: Poured in place rubber
Pete- let me know if you need anymore information. I have yet to hear from the school principal as to if they have
any maintenance funding. I am guessing they have some, but not that kind of money. Will the BOS be likely to
allow them to raise funds? I know there is a lot of competition for right now.
Background for Poured in Place Rubber:
A poured in place rubber path was installed at the Wood End Elementary School Playground during the spring of
2007. This path made the playground virtually boundless, meaning not only is it ADA compliant, it is also ADA
friendly. The path cost was approximately $12K which was approved by Town Meeting in spring 2007. This past
summer damage was done to approximately 113 of the path by a volunteer landscaper who was trying to help the
PTO on clean-up day. He saw the DPW doing mulch replenishing and tried to lend a hand with a smaller piece of
equipment. That piece of equipment was too heavy for the walkway and tore it up. Attached are the pictures.
I got a price quote to fix the damage from the company. They recommend replacing the whole path versus just
the damaged area. That cost was just over $16K. The Town has submitted a claim with our insurance agency,
however, the Town's policy does not cover damages to land or paved areas.
John
John A. Feudo
Recreation Administrator
Town of Reading
" b
1/7/2010 73
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To: Peter Hechenbleikner
From: George J, Zambouras, Town Engineer
CC: PTTTF
Date: January 8, 2010
Re: Birch Meadow Drive and Arthur B. Lord Drive School Zone revisions
Attached please find proposed changes to the signage and the existing school zone limits on both
Birch Meadow Drive and Arthur B. Lord Drive. Due to the fact that the existing flashing school zone
signage only regulates vehicle speed to 20 miles per hour during school hours, the new proposed
school zone signs will regulate vehicle speed to 20 miles per hour, twenty-four hours per day,
whenever children are present.
In addition, school zone limits were extended to comply with current Massachusetts state law. Under
the state law, school zones are permitted to begin and end a maximum distance of 300 feet in advance
of a point from where the school building is closest to the abutting roadway.
qA I
77
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Board of Selectmen Meeting
January 5, 2010
For ease of archiving, the order that items appear in these Minutes reflects the order in
which the items appeared on the agenda for that meeting, and are not necessarily the order
in which any item was taken up by the Board.
The meeting convened at 7:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street,
Reading, Massachusetts. Present were Chairman Ben Tafoya, Vice Chairman James
Bonazoli, Secretary Camille Anthony, Selectman Richard Schubert, Town Manager
Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur, Office
Manager Paula Schena and the following list of interested parties: Bill Brown, Debra
Shontz-Stackpole, Stephen DiNisco, Mary Gettler.
Reports and Comments
Selectmen's Liaison Reports and Comments - Chairman Ben Tafoya requested a moment of
silence in memory of former School Superintendent Pat Schettini.
Selectman Richard Schubert announced his intention to run for re-election.
Vice Chairman James Bonazoli noted that the Economic Development Committee is
meeting tomorrow night. They are in the process of finalizing the Sign Bylaw and will be
holding a public meeting on January 13th. He also thanked the Town Manager for the good
job that the Police and Fire Departments did at Pat Schettini's funeral.
Chairman Ben Tafoya noted that the naming of public facilities and fields will be on the
February 23rd agenda. The intent is for the Town and schools to adopt similar policies. He
also noted that he had Office Hours this evening, and Bill Brown was the guest who
suggested that the Town should rent out unused parking facilities on Sundays for a flea
market.
Selectman Camille Anthony noted that the State Forester is coming out on Saturday to visit
the Town Forest but she will be unable to attend because of the budget meeting.
Public Comment - Bill Brown indicated that he hopes everyone gets involved with the
Election, and noted that the Town may need a Charter change if more people don't get
involved.
Town Manager's Report
The Town Manager gave the following report:
® Due to a staff error, the notice for the hearing on the early opening was incorrectly noted
as 228 Main Street rather than 288 Main Street. This hearing will need to be re-noticed.
® Local Elections 2010
o Nomination papers available.
o Nomination papers filed by February 16th - 5:00 p.m. t
79
Board of Selectmen Meeting - January 5 2010 - Page 2
o Withdraw nomination papers by March 2nd.
o Register to vote by March 17th.
o Election April 6th.
o Annual Town Meeting starts April 26th
• Draft Town Clerk's guidelines for Town Meeting handouts.
• Town Census - 3rd week in January - PLEASE USE THIS OPPORTUNITY TO
LICENSE YOUR DOG in the least cost timeliest manner available.
• Federal Census - April 1, 2010.
• Flu Clinic - An H1N1 flu clinic is scheduled for January 16th at the Coolidge Middle
School, 10:00 a.m. to 4:00 p.m. 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.
• Compost Center is open Saturday, January 9th, 8:00 a.m. to 2:30 p.m. for Christmas tree
disposal - Curbside pick-up of Christmas trees is the week of January 11, 2010.
• For public safety purposes, and the ability to access the area with emergency equipment,
Police Chief Cormier has authorized a temporary (until further notice) ban on parking on
the North side of Washington from Prescott to Lincoln Street.
• Snow and Ice Removal - Resident obligations - Keep it on your own property - Don't
block sidewalks.
• Snow removal Downtown.
• 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 a.m., and the program will commence at 10:00
a.m.
Dates and Events:
• Special Election -Senate Seat- January 19th
Personnel and Appointments
Conservation Commission - Selectman Richard Schubert noted that the Volunteer
Appointment Subcommittee interviewed and recommends Brian Sullivan for a position on
the Conservation Commission.
Schubert moved and Anthony seconded to place the fonowinp, name into nomination
for one position on the Conservation Commission with a term expiring June 30, 2010:
Brian Sullivan Mr. Sullivan received four votes and was appointed.
Associate - Cities for Climate Protection Program Committee - Selectman Richard Schubert
noted that the Volunteer Appointment Subcommittee interviewed and recommends Ron
Taupier for an Associate position on the Cities for Climate Protection Program Committee.
Schubert moved and Anthony seconded to place the following name into nomination
for one Associate position on the Cities for Climate Protection Program Committee
with a term expiring June 30, 2010• Ron Taupier. Mr. Taupier received four votes and
was appointed. /
~v
80
Board of Selectmen Meeting - January 5 2010 -Page 3
Discussion/Action Items
Close Warrant for Senate Election - The Town Manager noted that the Selectmen need to
close the Warrant for the Senate Election.
A motion by Bonazoli seconded by Anthony to close the Warrant for the Senate
Election to take place on January 19, 2010 at the Hawkes Field House on Oakland
Road in Reading, Massachusetts was approved by a vote of 4-0-0.
Hearin - Parkin Regulations - South Side of Woburn Street between Lowell Street and
the Municipal Parking Lot - The Secretary read the hearing notice.
The Town Manager noted that this is for the four spaces from the lot to the corner of Lowell
Street where the bus stop is.
Vice Chairman James Bonazoli noted that a "No Blocking Intersection" sign would be nice,
and also noted that there is no timing for turns when there is a red light from Woburn Street
to Main Street.
A motion by Bonazoli seconded by Anthony to close the hearing on the parking
re ulations on the south side of Woburn Street between Lowell Street and the
Municipal Parking Lot was approved by a vote of 4-0-0.
A motion by Schubert seconded by Bonazoli to amend the Traffic Rules and
Re ulations adopted b the Board of Selectmen on March 28, 1995, for the Town of
Reading, by adding to Article 5, Section 5 4 2 the following regulations .
"Two Hour Parkin between 8:00 a.m. - 5:00 .m."
Street
Woburn Street - South Side
The motion was approved by a vote of 4-0-0.
Location
From the entrance to the Municipal
Parking Lot eastwardly in four (4)
designated spots
Hearing Starbucks Early Opening - 5.00 a.m. - 288 Main Street - Chairman Ben Tafoya
noted that this hearing is rescheduled for January 12, 2010 at 7:45 p.m. due to an error in the
legal notice.
Hearing Starbucks Early Opening, - 5'00 a.m. - 24 Walkers Brook Drive - The Secretary
read the hearing notice. Starbucks District Manager Stephen DiNisco and Store Manager
Mary Gettler were present.
The Town Manager noted that this is a request to operate at 5:00 a.m., Monday through
Friday. There are no concerns by staff.
Sa3
81
Board of Selectmen Meeting - January 5, 2010 - Page 4
Selectman Richard Schubert asked if there is much activity that early in the morning, and
Ms. Gettler indicated that there are at least four customers waiting for her when she opens in
the morning.
Selectman Richard Schubert asked if the store was doing well, and Mr. DiNisco noted that
they have been affected by the economy like everyone else, and that this is an avenue to
increase revenues and provide a convenience to the community.
Selectman Camille Anthony noted that there is no residential impact at this location.
A motion by Bonazoli seconded by Schubert that the Board of Selectmen close the
hearing on an application by Starbucks Coffee at 24 Walkers Brook Drive for a waiver
pursuant to Section 3.9 of the Board of Selectmen Policies to allow them to open at 5:00
a.m., Monday through Friday, except on holidays, was approved by a vote of 4-0-0.
A motion by Schubert seconded by Anthony that the Board of Selectmen approve an
application by Starbucks Coffee at 24 Walkers Brook Drive to open at 5:00 a.m.,
Monday through Friday, effective January 6, 2010, and excluding State designated
holidays This approval will expire December 31, 2010. The Board of Selectmen finds
that in accordance with Section 5.10.4 of the General Bylaws:
® It is in the interest of the public health, safety and welfare or that public
necessity or convenience will be served by permitting such operation; and
® There is no detrimental effect of such operation on the Town or the
immediately abutting neighbors.
The motion was approved by a vote of 4-0-0.
2010 Goals - The Town Manager reviewed the goals and action plans. He noted that the
goals probably won't change but the action plans will. Selectman Camille Anthony asked if.
the departments have reviewed the goals and if the goals are attainable. The Town Manager
indicated that the departments have seen them, and it will be a stretch but they should be
attainable.
Selectman Camille Anthony indicated that the items need a timeline. The Town Manager
noted that he has drafted a chart that shows the Department Head who is responsible and the
timeline.
Selectman Richard Schubert indicated that he liked the new format and asked about
prioritizing.
Chairman Ben Tafoya indicated that he would rather spend Town Counsel money on
revision of the Zoning By-Laws (#33) rather than the General Bylaws. He also noted that
Oakland Road needs to be listed under Asset Management. Chairman Tafoya also noted
that regarding #47, he doesn't care about the State Auditor, he just wants to make sure the
volunteers receive the training.
5a~f
82
Board of Selectmen Meeting - January 5 2010 - Page 5
Selectman Camille Anthony asked if we need to do #40 (review and rewrite of Traffic Rules
and Regulations) and #41 (review of General Bylaws) if we are looking at revising the
Zoning By-Laws. She indicated that we do need to do #42 (review LIP regulations). It was
decided that review of the General Bylaws would be removed from the list.
Vice Chairman James Bonazoli noted that he would like to see items that are measurable;
i.e., the hearing system at the Cabin will be done by XX date. Also, he wants to know in
Items #10 and #11, what we are working towards on the DPW study. He would also like to
know what Munis module is being added.
Chairman Ben Tafoya indicated that the traffic study of the residential area abutting the
Downtown needs to be added to the list. The Town Manager noted that he will get an
estimate for having the study done.
Draft Customer Service Policy - The Town Manager noted that he had input from the Make
Reading Better Group and staff. The policy reiterates the Town's Mission Statement and
Values. The Town Manager reviewed the policy.
Selectman Richard Schubert asked if this will be an addendum to the Personnel Policies, and
the Town Manager noted that this will stand alone but will be distributed with the Personnel
Policies. Selectman Schubert also asked how the standards for excellent customer service
will be used for volunteers, and the Town Manager noted that we have the Code of Conduct
for volunteers, but relevant items can be taken from this policy for the volunteers.
Selectman Camille Anthony had concerns regarding e-mail policies, and Chairman Ben
Tafoya indicated that is covered in the written inquiries under the Standards of Performance
section.
The Board directed the Town Manager to schedule a hearing on this matter in a few weeks.
Transfer of Town Land to Conservation Commission - The Town Manager noted that there
are four different situations where the Town owns land, and it needs to be transferred to the
Conservation Commission. The Conservation Administrator is still working on this with
Town Counsel and it should be ready in a few weeks.
Resident Debra Shontz-Stackpole indicated that she would like a copy of the
correspondence that was listed on the Agenda regarding a letter from Town Counsel Ellen
Doucette to the Town Planner re: Amendment of Section 6.3 of the Reading Zoning By-
Laws. The Town Manager directed her to come by his office tomorrow for a copy.
Approval of Minutes
A motion by Bonazoli seconded by Anthony to approve the Minutes of November_ 17,
2009, as amended. was approved by a vote of 4-0-0.
A motion by Bonazoli seconded by Anthony to approve the Minutes of November 24,
2009 was approved by a vote of 4-0-0.
16,5
83
Board of Selectmen Meeting - January 5 2010 - Page 6
A motion by Bonazoli seconded by Anthony to approve the Minutes of December 15,
2009 was approved by a vote of 4-0-0.
A motion by Anthony seconded by Schubert to adjourn the meeting of January 5, 2010
at 9:30 .m. was approved b a vote of 4-0-0.
Respectfully submitted,
Secretary
Sale
84
OFRBq~~lY
G'
Town of Reading
' 16 Lowell Street
~~r ,x~ ~qO
Reading, IAA 01867-2685
FAX: (781) 942-9071
Email: townmanager@ci.reading.ma.us
Website: www.readingma.gov
January 6, 2010
Debra Shontz-Stackpole
186 Summer Avenue
Reading MA 01867
Dear Debra:
L-1 C. 0 0 -5
TOWN MANAGER
(781) 942-9043
Attached is the copy of Town Counsel's letter dated 12-21-09 from Bracket and Lucas re:
Amendment of Section 6.3 Reading Zoning Bylaws. You had requested a copy of this letter
last evening at the Board of Selectmen meeting. Had I known that you were going to be
present at the Selectmen's meeting to request a copy, I would certainly have had a copy
available for you, or of course you could have picked it up here at Town Hall at your
convenience.
Sin erely,
Peter I. Hechenbleikner
Town Manager
PIH/ps
, a1 %
85
BRACKETT & LUCAS
COUNSELORS AT LAW
19 CEDAR. STREET
WORCESTER, MASSACHUSETTS 01609
508-799-9739
Fax 508-799-9799
GARY S. BRACKETT
JUDITH A. PIC'KETT
ELLEN CALLAHAN DOUCETTE
JASON D. GROSSFIELD
December 21, 2009
VIA ELECTRONIC AND
FIRST CLASS MAIL
C. Glen Redmond, Building Inspector
Town Hall
16 Lowell Street .
Reading, MA 01867
Re: 190 Summex Avenue Reading MA - Supplemental
Dear Glen:
OF COUNSEL
ELAINE M. LUCAS
Direct email:
ecdoucette@brackettlucas.com
This correspondence shall serve to supplement my December 11, 2009
memorandum with attachments regarding the property located at 190 Summer Avenue,
Reading (the "Property"). In that memorandum, I opined that 190 Summer Avenue was
not a "buildable" lot as asserted by its owner Debra Shontz-Stackpole. I based my
opinion upon an examination of the history of the Property and application of the "zoning
freeze" provisions afforded to lots shown on ANR lots pursuant to G.L. c.40A, §6, ¶6.
On December 16 I received an email from Attorney Mark Favaloro on behalf of
Ms. Shontz-Stackpole asking me to revisit my opinion in light of various provisions of
the Zoning Bylaws more specifically, Sections 6.3.4; 6.3.7 and 6.3.12. In addition,
Attorney Favaloro made reference to the provisions of Section 6.3.1.4 as set forth in the
1997 Zoning Bylaws which was deleted from'the Bylaws when Town Meeting adopted a
new Section 6.3 when it approved Article 20 at the April 30, 2001 Annual Town
Meeting. A copy of Attorney Favaloro's email together. with a copy of the former
Section 6.3.4, are attached hereto for reference.
The former Section 6.3.1.4 provided an eight (8) year zoning freeze from the
dimensional requirements for a residential lot that received an ANR endorsement prior to
April 27, 1995 . The protection provided by Section 6.3.1.4 is a more expansive zoning
freeze protection than what is provided in e.40A, §6, $6. To clarify, the zoning freeze
protection provided to ANR lots by c.40A, §6, $6 applies only to the "use" of the
86
property and the protection for definitive subdivision plans filed and approved pursuant
to .§6, ¶5 is for all of the "land" as shown on the plan which has been interpreted to
include both the use of the property and the dimensional requirements applicable thereto.
Section 6.3.4 gave ANR plans the same zoning freeze protection as definitive subdivision
plans.
Attorney Favaloro asserts that because the Property received an ANR
endorsement prior to April 27, 1995, it is entitled to the benefit of Section 6.3.4 of the
Bylaws which provides in relevant part:
A use, building, structure, lot, parking area, loading bay, sign,
landscaping or any other activity, is considered to be lawfully
created with respect to zoning requirements if. 2. Subsequent to
March 16, 1942 [the original date upon which the Bylaw was adopted]
it was permitted by the Zoning By-Law either by right or by Special
Pen-nit and was in existence prior to the effective date of any amendment
which rendered it nonconforming.
I disagree with Attorney Favaloro's application of Section 6.3.4 in the following
respects. First, and as stated in my December 11 memorandum, property protected by a
"zoning freeze" under either' 5 or 16 of c.40A, §6 does not acquire the same status as
property that qualifies as lawfully pre-existing nonconforming, so-called "grandfathered",
property under $4 of §6. While Attorney Favaloro emphasizes [in his email] the phrase
"permitted by the Zoning By-Law by right", he ignores the latter half of that provision
which refers to the lawfully created situation as "nonconforming". Property that is
protected by a zoning freeze is not property that is nonconforming. Rather, the protection
makes the property conforming.
Second, if we were to adopt Attorney Favaloro's interpretation of Section 6.3.4,
the result would be the transformation of a time limited exemption, i.e. a zoning freeze,
into a permanent zoning exemption, i.e., a lawfully preexisting nonconforming lot. A
similar argument has been rejected. See, Tsagronis v. Board of Appeals of Wareham, 33
Mass.App.Ct. 55, 61 (1992) rev'd on other grounds, 415 Mass. 329 (1993) (permanent
grandfathered rights "apply only if the lot when separately recorded conforms with the
zoning regulations then applicable, not with those zoning regulations as suspended or
modified by other action")(emphasis supplied).
Finally, although a local zoning by-law may provide for more generous
protections of nonconforming/grandfathered lots than those that are provided in c.40A,
§6, it must do so expressly. Marinelli v. Board of Appeals of.Stoughton, 65 Mass.
App.Ct. 902, 903 (2005). I do not interpret the current Section 6.3 of the Reading
Zoning By-Laws as expressly providing for the perpetual zoning freeze protection which
Ms. Shontz-Stackpole seeks.
go,
87
If you have any further questions regarding this matter, please don't hesitate to
contact me.
Very truly yours,
Ellen Callahan Doucette
Enclosures: (2)
c: Peter I. Hechenbleikner, Town Manager (via email only)
Jean J. Delios, Community Services Director/Town Planner (via email only)
88
Page 1 of 2
L~G 6aS
Schena, Paula
From: Hechenbleikner, Peter
Sent: Thursday, December 31, 2009 4:00 PM
To: Reading - Selectmen; Cormier, Jim; Delios, Jean; Hechenbleikner, Peter; Lee, Michael; Zager, Jeff;
Zambouras, George
Cc: Schena, Paula
Subject: FW: 1-93/1-95 Interchange Improvements Project Update
I/c Board of Selectmen
Peter I. Hechenbleikner
Town Manager
Town of Reading
16 Lowell Street
Reading MA 01867
phone: 781-942-9043
fax 781-942-9071
web www,readingma:org
email townmanager@ci.readin ma.us
Please let us know how we are doing - fill out our brief customer service survey at http:Hreadingma-
survey.virtualtownhall. net/survey/sid/30426f5473f3e953/
From: Frey, Bob (DOT) [mailto: Bob. Frey@state. ma. us]
Sent: Thursday, December 31, 2009 3:47 PM
To: Frey, Bob (DOT)
Subject: I-93/I-95 Interchange Improvements Project Update
To: Multiple Recipients
Re: 1-93/1-95 Interchange Improvements Project Update (Reading, Woburn, Stoneham, Wakefield)
Greetings Task Force Members:
As we close out a busy 2009, I'd like to update you on the progress we have made in advancing the
recommendations of the 1-93/1-95 Interchange Transportation Study. In a year of unprecedented organizational
restructuring and continued serious funding issues, progress has been limited; however, there have been some
significant developments:
As you may remember from a previous update back in the spring, MassDOT's Highway Division (formerly
MassHighway) released a RFP for professional services to fully complete the environmental review requirements
and advance design of a preferred alternative. The environmental documentation will respond to the certificate on
the Environmental Notification Form (ENF) filed with the Massachusetts Environmental Policy Act (MEPA) in 2007
through the preparation of a combined Environmental Impact Statement (EIS)/Environmental Impact Report
(EIR). This past summer, the team headed by the firm of Fay, Spofford & Thorndike was selected to perform the
work.
The consultant contract is being set up to complete design of the selected improvements through 100% design
and permitting. Although finalizing the contract scope and estimate may be taking longer than anticipated,
combining environmental studies and highway design work into a single contract will result in a more expedited
process overall, underscoring MassDOT's renewed emphasis on accelerated project delivery.
A number of "early action" items are completed or underway, with more being initiated in the first half of 2010,
1/4/2010 89
Page 2 of 2
using MassDOT-Highway Division's existing open-services contracts. The photogrammetric work started with a
flight in April, and the detailed base mapping developed from that is being field checked. Wetland delineation in
the interchange area, pending cooperative weather, is underway, to be followed in the spring by delineations
along Route 128 north of the interchange. Other items being pursued include hazardous materials identification,
and assessing the feasibility of a Cedar Street on-ramp. One addition to the contract scope is the inclusion
of associated traffic flow improvements along Washington Street in Woburn (given the high degree of interaction
between the ramps and this local traffic).
Of course, the scope also addresses those important elements that were initially covered in the Planning Study
and remain a concern to many: noise, traffic, transit and TDM, air quality, safety, aesthetics, and others. The
familiar alternatives H3-OS and H3-US (which the planning study recommended for further development and
analysis) are being supplemented by other similar variations that build upon these initial designs. As discussed at
the end of the planning study, these types of additions are required by FHWA to be included in a formal EIS
discussion of the "reasonable range of alternatives." All of these items will be discussed in more detail at initial
and subsequent stakeholder meetings.
We are nearing the end of the negotiations with FST and hope to have this large and complex contract signed
within the next 4-6 months. Other next steps include initiating the EIS with a "Notice of Intent" in the Federal
Register and the identification of the "Cooperating and Participating Agencies." The first formal step in the EIS
process will be the NEPA scoping session, which will be publicized with an official announcement
on www.9395info.com, plus via e-mail to all of you (as. members of the Planning Study's Task Force, each of
you will receive invitations to remain involved throughout the environmental process). However, due to
procurement procedures and debriefing of the other consultant teams, none of this can occur until FST actually
has a signed contract with the State.
As always, all information related to the completed planning study, environmental notification form, and MEPA
certificate is still available at wvvw.9395info.com.
I will continue to inform everyone of further significant news or milestones once available - we will also produce a
"primer" on all of the relevant terms, timelines, and acronyms of the complex federal environmental process !
Thanks and Happy New Year !
Bob
Bob Frey I Manager of Transportation Analysis I Massachusetts Department of Transportation - Office of
Transportation Planning
10 Park Plaza Room 4150 Boston MA 02116 1 phone 617.973,7449 1 email bob frey_Cabstate.ma.us I web www.mass.gov/massdot
1/4/2010 90
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Schena, Paula
From: Hechenbleikner, Peter
Sent: Tuesday, January 05, 2010 10:12 AM
To: Schena, Paula
Subject: FW: [Fwd: Response to your recent inquiry]
Attachments: untitled-[2]
untitled-[2] (20 KB)
1/c Board of Selectmen
Peter I. Hechenbleikner
Town Manager
Town of Reading
16 Lowell Street
Reading MA 01867
phone: 781-942-9043
fax 781-942-9071
web www.readingma:org
email townmanager@ci.reading:ma.us
Please let us know how we are doing - fill out our brief customer service survey at
http://readingma-survey.virtualtownhall.net/survey/sid/30426f5473f3e953/
-----Original Message-----
From: Ruth Urell [mailto:urell@noblenet.org]
Sent: Tuesday, January 05, 2010 9:37 AM
To: Hechenbleikner, Peter
Subject: [Fwd: Response to your recent inquiry]
Original Message
Subject: Response to your recent inquiry
From: "Congressman John F. Tierney" <jt@mail.house.gov>
Date: Mon, January 4, 2010 2:08 pm
To: urell@noblenet.org.
This is a Mulit Part MIME message. Your mail client does not support MIME
or you have disabled this feature. This is a plain text version of the
content.
January 4, 2010
Ms. Ruth Urell
83 Winthrop Avenue
Reading, Massachusetts 01867-2048
Dear Ms. Urell:
Thank you for contacting me in support of including funding for public
libraries in the Jobs for Main Street Act. I appreciate the opportunity
to respond.
I understand and share you views that Congress must build on the State
Fiscal Stabilization Fund (SFSF) provisions of the American Recovery and t
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Reinvestment Act to help ensure States and municipalities, in the face of
an historic decline in revenues, are able to maintain critical services
and investments, including the job research and consumer services provided
by public libraries. As you may know, on December 16, 2009, the U.S.
House of Representatives passed the Jobs for Main Street Act (H.R. 2847).
This legislation, which I supported, invests $75 billion from repayment of
the Troubled Asset Relief Fund (TARP) by financial service firms for
school renovations, hiring teachers, police and firefighters, job training
and highway infrastructure improvements, among other things provisions
similar to those mentioned in your correspondence which will help
preserve state and local budget and, hopefully, ensure that any additional
cuts to public libraries will be forestalled.
Currently, this legislation is awaiting consideration by the Senate. As
such, you may be interested in contacting Senators Kerry and Kirk, if you
have not already done so, to express your views on this matter. I have
provided their contact information below:
Senator John Kerry
304 Russell Senate Office Building
Washington, D.C. 20510
Washington, D.C. Office Phone: (202) 224-2742
Massachusetts Office Phone: (617) 565-8.519
Web Form: http://kerry.senate.gov/contact/email.cfm
Senator Paul Kirk
188 Russell Senate Office Building
Washington, D.C. 20510
Washington, D.C. Office Phone: (202) 224-4543
Washington, DC Office Fax: (202) 224-2417
Web Form: http://kirk.senate.gov/contact/
As Congress continues its efforts to help create jobs and provide for.
long-term economic recovery, please know I will certainly remain mindful.
of our shared support for emergency assistance for public libraries.
Again, thank you for contacting me. Please feel free to do so regarding
any matter of concern to you.
Ruth Urell, Director
Reading Public Library
781-942-6725
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