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HomeMy WebLinkAbout2010-05-11 Board of Selectmen Packet~O NOF10Town I of Reading 16 Lowell Street <n O 01638. P~~ Reading, MA 01867-2685 fNC0R40Q' FAX: (781) 942-9071 Email: townmanager@ci.reading.ma.us Website: www. readingma.gov MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: May 6, 2010 RE: Agenda -May 11, 2010 1c) I will include a draft copy of my report with your packet this week. 2a) A group that is putting together a retirement party for former Teacher and Wrestling Coach Tom Darrin would like a certificate of appreciation. This will be included in your packet. 2b) Your packet includes a proclamation for National Police Week which begins May 9. Police Memorial Day is on May 15 so the proclamation will be timely. 4a) Phil Rushworth and members of the RCTV Board will be in to do their highlights presentation. 4b) The application for Grumpy Doyle's liquor license transfer from Emperor's Choice is complete. They have received full site plan approval. Staff has provided their comments with regards to the license. We have removed from the packet the bank statements, and have redacted social security numbers for security purposes. 4c) Outdoor Dining - A copy of all the materials that were sent for the last meeting are included. At Ben's suggestion, I did check with the Boston Licensing Board about what restrictions they have regarding outdoor dining. There are two items of note that they include in licenses, but they are not part of a policy. These two items are: • Alcohol is to be served in conjunction with meals only • Patios and outdoor dining 'have to be staffed at all times TOWN MANAGER (781) 942-9043 These are potential additions to the policy that the Board might want to make. 4d) At the Board's request, Recreation Administrator John Feudo and some of the members of the Joshua Eaton Planning Committee and/or Recreation Committee will be present to discuss the master plan with the Board of Selectmen. The Recreation Committee has not yet made their recommendations to the Board of Selectmen on the master plan, and the Board of Selectmen will presumably hold a hearing on this matter. 4e) Review Progress on Goals - This document was previously submitted to the Board of Selectmen and I will review it to see if it needs any updating. 4f) Comments Re: Oak Tree - Enclosed in your packet is staff comments to date, and you had previously received copies of the plan. I ask that the Board review the staff comments and see if there are any comments that you would like to add. 4g) We may have transfer of land to Conservation Commission for a variety of sites available for you on Tuesday. PIH/ps fi rh s/f, R4~90,4---' REVISED 2010 Water Main Flushing Starting June 1, 2010 the Department of Public Works, Water Division, will be resuming water main flushing in the northern section of town which was suspended due to the MWRA water main break. The area starting north of the railroad tracks at the depot working northwest to the Wilmington town line, northeast from the square along Charles St. to. the North Reading town line is expected to be completed on June 18,"2010. Notices will be delivered to property owners just prior to the day flushing will begin in each area. This is being done to improve water quality, improve fire flows, and inspect and test the many fire hydrants throughout the town. The water main cleaning and flushing is accomplished by opening and flowing water from hydrants. Flushing will begin at 11:00 P.M. and end at approximately 6:00 A.M. each day. This will cause a discoloration in the water - DO NOT DRAW WATER DURING THE HOURS WHEN WE ARE FLUSHING MAINS IN YOUR AREA. It is expected that the water will clear up in approximately 48 hours. We recommend that users do not wash clothes within the 48 hour period, or until the water has cleared up. Please be assured that the water is safe to drink, even if there is some discoloration. You may want to draw some water for drinking, prior to the flushing of the mains in your area. A notice will be delivered to water users in the affected areas prior to any flushing. We regret any inconvenience this may cause and we appreciate your cooperation in this effort as it will improve the water quality and improve fire flow capabilities. If you have any questions, please contact the Water Supervisor, Mr. James Richardson, at (781) 942-9092 from (7:00 A.M. to 3:00 P.M.) or the Public Works Administration Office at (781) 942-9077 from ( 7:30 A.M. to 5:00 P.M.). Ben Tafoya, Chairman James E. Bonazoli, Vice Chairman Town of Reading Camille W. Anthony, Secretary Stephen A. GDldy 1Reading, 6 Lowell Street Richard W. Schubert MA 01867 BOARD OF SELECTMEN (781) 942-9043 FAX: (781) 942-9071 Website: www.ci.reading.ma.us May 11, 2010 Speaker of the House Robert DeLeo The State House, Room 356 Boston, MA 02133 Dear, Speaker DeLeo: 9R We are writing to ask you to support and bring to a House floor vote as soon as possible two important bills that will reduce costs for the municipalities throughout the Commonwealth and better protect the environment as well: ® H.4374 - An - Act To require Producer Responsibility for Collection, Reuse, and Recycling of Discarded Electronic Products, ® H.726 - An Act Relative to Producer Responsibility for Mercury Added Lamps These Extended Producer Responsibility (EPR) bills will require producers (brand owners or first importers) to pay the costs of collection and reuse or recycling of specified electronic products, and mercury-added products. The electronic products covered under H.4374 include cathode ray rubes in monitors, which contain 5-8 pounds of lead and are illegal to dispose of in the trash in Massachusetts; TVs; computers; flat panel displays; and other computer peripherals that contain toxic materials. Mercury-added products covered under H.726 include fluorescent light bulbs, and other mercury-added lamps. It is also illegal to dispose of mercury-added products in the trash in Massachusetts. In addition to reducing the volume and toxicity of our waste, these bills would also help our community by eliminating the costs of managing the discarded products. We could use these funds for other critical local services such as fire, police, and education. Producer responsibility legislation boosts recycling, so these bills would also keep more of these products out of the trash, which would in turn reduce our disposal costs. In these ways, H.4374 and H.726 will help the bottom line for our municipal budget at no added cost to the state government. ~v In recent years more than half the municipalities in the Commonwealth, including ours, have adopted a resolution supporting legislation for producer responsibility for electronics and other hazardous products. Now we have the bills we need, and are asking that you do everything possible to bring them to a vote. When the costs 'of managing these discarded products shifts from local taxpayers to the producers who design the products, they then have a financial incentive to make their products more recyclable and less toxic. Major computer manufacturers, such as HP, Apple, and Dell, support producer responsibility. Twenty-one states have passed these laws, including Maine, Vermont, Connecticut, and Rhode Island. There are already producer responsibility laws for some mercury-added products in every New England state. H.4376, "the E-Waste bill" is before the House Ways and Means Committee, while H.726, "the Mercury Lamps bill" is before the Joint Committee on Environment, Natural Resources and Agriculture. Please do everything you can to help pass these bills in the House in time for the Senate to take them up before the end of the 2009-2010 legislative session. Sincerely, Ben Tafoya, Chairman Reading Board of Selectmen cc: Senator Richard Tisei 'Representative Bradley Jones Representative James Dwyer Ben Tafoya, Chairman James E. Bonazoli, Vice Chairman Town of Reading Camille W. Anthony, Secretary Stephen A. Goldy 16 Lowell Street Richard W. Schubert Reading, A 01867 BOARD OF SELECTMEN (781) 942-9043 FAX: (781) 942-9071 Website: www.ci.reading.ma.us May 11, 2010 Chairman Charles Murphy House Committee on Ways and Means The State House, Room 243 Boston, MA 02133 Dear Chairman Murphy: TJQ/ We are. writing to ask you to support and bring to a House floor vote as soon as possible two important bills that will reduce costs for the municipalities throughout the Commonwealth and better protect the environment as well: ® H.4374 - An Act To require Producer Responsibility for Collection, Reuse, and Recycling of Discarded Electronic Products, ® H.726 -.An Act Relative to Producer Responsibility for Mercury Added Lamps These Extended Producer Responsibility (EPR) bills will require producers (brand owners or first importers) to pay the costs ' of collection and reuse or recycling of specified electronic products, and mercury-added products. The electronic products covered under II.4374 include cathode ray rubes in monitors, which contain 5-8 pounds of lead and are illegal to dispose of in the trash in Massachusetts; TVs; computers; flat panel displays; and other computer peripherals that contain toxic materials. Mercury-added products covered under H.726 include fluorescent light bulbs, and other mercury-added lamps. It is also illegal to dispose of mercury-added products in the trash in Massachusetts. In addition to reducing the volume and toxicity of our waste, these bills would also help our community by eliminating the costs of managing the discarded products. We could use these funds for other critical local services such as fire, police, and education. Producer responsibility legislation boosts recycling, so these bills would also keep more of these, products out of the trash, which would in turn reduce our disposal. costs. In these ways, H.4374 and H.726 will help the bottom line for our municipal budget at no added cost to the state government. In. recent years more than half the municipalities in the Commonwealth, including ours, have adopted a resolution supporting legislation for producer responsibility for electronics and other hazardous products. Now we have the bills we need, and are asking that you do everything possible to bring them to a vote. When the costs of managing these discarded products shifts from local taxpayers to the producers who design the products, they then have a financial incentive to make their products more recyclable and less toxic. Major computer manufacturers, such as HP, Apple, and Dell, support producer responsibility. Twenty-one states have passed these laws, including Maine, Vermont, Connecticut, and Rhode Island. There are already producer responsibility laws for some mercury-added products .in every New England state. H.4376, "the E-Waste bill" is before- the House Ways and Means Committee, while H.726, "the Mercury Lamps bill" is before the Joint Committee on Environment, Natural Resources and Agriculture. Please do everything you can to help pass these bills in the House in time for the Senate to take them up before the end of the 2009-2010 legislative session. Sincerely, Ben Tafoya, Chairman Reading Board of Selectmen cc: Senator Richard Tisei Representative Bradley Jones Representative James Dwyer 1G5 v o c, n 4, ~ O vi ,may l ® O o Po 's O O e~ O V CCi 4e." Fm* 1•Z o W N ~ o N •N a~- PROCLAMATION POLICE WEEK WHEREAS: Emergencies can occur at any time that require the police; and WHEREAS: When an emergency occurs, the prompt response of Police Officers is critical to the protection of life and preservation of property; and WHEREAS: The safety of our Police Officers is dependent upon the quality and accuracy of information obtained from citizens who telephone the Reading Public Safety Communications Center; and WHEREAS: Reading Police Officers are a crucial contact point between our citizens and emergency services; and WHEREAS: May 15th is National Peace Officers' Memorial Day honoring those men and women who gave the ultimate sacrifice; and WHEREAS: Police Officers of the Reading Police Department have contributed substantially to the prevention of crime and the apprehension of criminals, and play an essential role in safeguarding the rights and freedoms of Reading citizens; and WHEREAS: Members of the Reading Police Department exhibit compassion, understanding and the highest standards of professionalism in the performance of their jobs. NOW, THEREFORE, WE, the Board of Selectmen of the Town of Reading, Massachusetts do hereby proclaim the week of May 9 - May 15, 2010 as Police Week in the Town of Reading in honor of the men and women whose dedication and professionalism keep our Town and citizens safe. THE BOARD OF SELECTMEN Ben Tafoya, Chairman James E. Bonazoli, Vice Chairman Camille W. Anthony, Secretary Stephen A. Goldy Richard W. Schubert --LEGAL NOTICE TOWN OF READING To the Inhabitants of the Town of Reading: You are hereby notified that an application for a Transfer of an .All Alcohol Liquor License has been applied for by 'Phider . Corp. d/b/a Grumpy Doyle's. The application 'is. for the premises at 530 Main Street, Reading, Massachusetts. Under the provisions of . Chapter 138, Section 15 of the Massachusetts General Laws, a public hearing will be held by the Board of Selectmen con- cerning, this application on Tuesday, May 11, 2010 at 8:00 .p.m. in the Selectmen's Meeting Room, *16 Lowell Street, Reading, Massachusetts. All interested parties are invited to attend or submit their comments in writing, or by email prior to 4:00 p.m. on May 11, 201'0 to. townmanag er@ci.reading.ma.us: By order of Peter I. Hechenbleikner Town Manager 4/20 u~l 2010 APR 27 Pty P 19 Mr. Peter Hechenbleikner Town Manager Town of Reading 16 Lowell Street Reading, MA 01867 Dear Mr. Hechenbleikner: Emperor's Choice Restaurant 530 Main Street Reading, MA 01867 April 23, 2010 We would like to inform you that Emperor's Choice Restaurant located at 530 Main Street, Reading, MA 01867 has been sold to Phider Corp. on 4/16/2010. The new owner has taken over the restaurant on 4/21/2010. We appreciate very much for all the help and support you and the town offered us in the past 15 years. Everyone in town has been so nice and friendly to us. We will miss you and all the customers and friends. If you have any questions regarding the liquor license transfer, please feel free to contact me at 617-913-0086 or Connie at 617-913- 0085. Thank you. Sincerely, bl"INVY Connie Wong Owner k~-/" Michael Wong Owner cc: Larry Ramdin, Health Services Administrator q67,-- Page 1 of 1 C, (~U 96r Hechenbleikner, Peter From: Casey Fallon [kcfallon@gmail.com] Sent: Tuesday, April 27, 2010 4:51 PM To: Town Manager Subject: Grumpy Doyle's license hearing set We need an irish pub in Reading. We've got an Italian bar as well as various chinese restaurants. Whereas the closest to what anyone can consider a pub in Reading is Chili's. It's disgraceful. 4/27/2010 q 103 Page 1 of 1 Marino, Lillian From: Ramdin, Larry Sent: Wednesday, April 14, 2010 3:23 PM To: Marino, Lillian Subject: Monthly Report Attachments: March2010 Monthly report.doc Attached is the Health Division report for March. Iso The Board of Health has no objections to the grant of a t liquor license for Phider Corp d/b/a Grumpy Doyle's 530 Main Street Larry Larry A. Ramdin MA REHS CHO Health Services Administrator Reading Health Division 16 Lowell Street Reading, MA 01867 781-942-6653 781-942-9071- 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. yb'~ 4/15/2010 Page 1 of 1 Marino, Lillian From: Delios, Jean Sent: - Tuesday, April 20, 20105:03 PM To: Schena, Paula; Marino, Lillian Subject: All Liquor Licenses I have reviewed the application for an All Liquor License at Ristorante Pavarotti located at 601 Main Street for and have no comments. have also reviewed the application for a transfer of an All Liquor License for Grumpy Doyle's located at 530 Main Street and have no comments. Jean J. 'Dehos Conununity Services Director/Town Planner Town of Reading 16 Lowell Street Reacting, MA 01867-2685 Tel 781-942-6612 Fax 781-942-9071 .jdelios!a'ci.reacling.ina.us wi-vwxeadingnna.gov q,~ 4/21/2010 THE COMMONWEALTH OF MASSACHUSETTS ALCOHOLIC BEVERAGES CONTROL COMMISSION FORM 43 Reading ' License Number City/Town TVe of Transaction (Please check all relevant transactions) ( )-New License O New Officer/Director (x) Transfer of License Change of Location Change of Manager ( ) Alter Premises ( )Transfer of Stock Phider Corp. Name of licensee Grumpy Doyle's D/8/A 530 'Main Street Address: Number Annual Annual or Seasonal 4/12/10 Date ( ) Pledge of License ( ) Pledge of Stock ( ) Other FIE) of Licensee Philip R. Wynne Manager Reading, MA 01867 Street Zip Code All Alcohol Category: All Alcohol, Wine & Malt Restaurant. J.F-. n Na Uranr, iauo, racKage More, Inn, General on Premise, Etc. Description of Licensed Premises: 3200 sq. ft. restaurant with patio. Three entrances at the-side and two at the front.. There is also a :rear acces.s, for.deliveries. Application was filed: 4/12/2010 - 3:00 Date & time Advertised: 4-/2Q/2010 Chronicle Date & Publication Abutters Notified x yes No Person to contact regarding this transaction: Name: Michael Broderick Esq.,. Broderick &.Lewis Address: -67 Coddington Street #204, Quincy, :MA 02169 Phone . 617-328-11'67 Remarks: The Local Licensing Authorities By: Alcoholic Beverages Control Commission 'VCen Moriarty. Eaoecutive (Director Remarks' ~Ibl~ The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 Application for Alcoholic Beverage License for Retail Sale City/Town: Reading - New License ( New Officer/Director (ED Transfer of License ( ED Other (ED Transfer of Stock (specify) Section 1 Phider Corp. Name to appear on the license: Business Name (d161a, if different): Grumpy Doyle's Manager of Record: Philip R. Wynne FID of Licensee: Address of Premises: 530 Main Street, Reading, MA Zip Code: 01867 Phone number of premises: (617) 283-1141 Section 2 Type of license: (check one only) ( Club ([3) Package Store ( Veterans Club O General on Premise (_x Restaurant ( Other Innholder ( Tavern Section 3 License Category ( All Alcoholic ( Wine and Malt ( Malt Only ( Wine Only ( Wine and Malt with Cordials Permit Section 4 License Class (®x) Annual ( E) Seasonal Section 5 Person (attorney if applicable) who can be contacted concerning this application Name: Michael W. Broderick, Jr., Esq. Address: Broderick & Lewis, 67 Coddington Street, Suite 204, Quincy, MA 02169 (617) 328-1167 Phone Number: tibI Section 6 Give a full description of the premises to be licensed, including location of all entrances and exits: 3200 sq. ft. Restaurant & Pub with public areas & kitchen on ground floor and storage & keg room on second level. There are three side entrances, one for public, one for kitchen and one on the other side into the proposed patio area. There are also 2 public front entrances and one rear entrance for deliveries. 6a. 175 Seating Capacity: Occupancy Number: Section 7 Applicant is an: ( Association (x Corporation ( Individual O Partnership ( E Non-profit, corporation ( LLC Section 8 If applicant is an individual or partnership - List for individual or each partner: Full Name Home Address DOB SSN 8a. Is individual or all partners United States citizens? Yes ( No If no, specify citizenship: 8b. Is individual or all partners involved at least twenty-one years old?( Yes ( No Section 9 If the applicant is a corporation, complete the following: Massachusetts January 26, 2010 State of Incorporation: Date of Incorporation: 01/27/10 Date qualified to do business in MA: 9a. How many shares of stock are authorized: 1000 How many shares are issued: 1000 Provide in the box the names if all officers, directors, stockholders and manager. Use * to indicate director Title Full Name Home Address DOB SSN Shares of stock owned or controlled *See Attached Sheet 9b. Attach a copy of the vote by the Board of Directors appointing a manager or principal representatives. See Attached Vote of the Corporation. b~ ATTACHMENT SHEET QUESTION NO. 9A TITLE NAME ADDRESS DOB SSN SHARES President/ Philip R. Wynne* 36 Adair Road 7/1/71 300 Manager . Brighton, MA 02135 Vice Pres./ Dermot J. Bolger* 55 Sparhawk St. 2/29/68 10 1 NOW 300 Treasurer Amesbury, MA 01913 Secretary/ Zeke Janus* 23 Lime Street 7/26/71 100 Clerk Newburyport, MA 01950 Stockholder Kevin Burke 149 Gaston St. 7/3/66 200 Medford, MA 02155 Stockholder David Buckley 28 Summit Place 4/28/67 100 Newburyport, MA 01950 qb- 9c. If the applicant is a corporation, answer the following questions: ,l. Are the majority of directors United States citizens? (x Yes (0) No 2. Are the majority of directors citizens of Massachusetts? ( Yes (ED No' 3. Is the manager or principal representative a U.S. citizen? ( E Yes ( No Section 10 If the applicant is an association, provide in the box below the names of all association officers and members. Title Full Name Home Address DOB SSN Phone Number l Ob. Attach a list of all members of the LLC. Section 11 Will there be any construction, remodeling, redecorating or building on the premises for this license? ( n) Yes ( ED No (If yes complete a,b, c and d) a. Give an, exact description of the construction, remodeling, redecorating or building on the premises: See attached plan. b. What are the estimated costs: 2S ON o C:;) b c. What is the construction schedule: i`'~14y (g4 `S~. Funded entirely through Corporation's existing d. State all sources of construction financing: cash and assets. Section 12 Do you own the premises? ( Yes No. If yes, please respond to the question below. ( EJ) As an individual Jointly Name of Realty Trust Name of Corporation O Other (If you do not own the premises to be licensed, provide the following information about the owner.) Stavros Natsis & Ekaterini Natsis (781) 272-9955 Name: Phone Number: - Address: 27 Wainwright Road, Winchester, MA 01890- Contact Attorney Robert Factor above) ~6~D . 12a. If a lease or rental, provide the following information: $ 9,200.00 . per month (month, year, etc.) April 30, 2010 September 31, 2015 Beginning date of lease Ending Date of lease (provide copy of the lease) FINANCIAL Section 13 What assets were purchased and cost? . 15,000.00 160,000.00 Equipment: $ Furniture: $ Goodwill: $ Inventory: $ License: $ Premise: $ 175,000.00 13a. Total Purchase Price: $ 13b. Identify below all sources of financing: Mortgage: $ Seller: $ . 500,000.00 Cash: $ Other (specify): $ Document all sources e.g. Loan papers, checking accounts, stock sales, etc. 13c. See attached Purchase & Sale Agreement and Assignment of current Lease. All other terms and conditions: (provide purchase and sale documents) 13d. Are you seeking approval for.license to be pledged: ( Yes O No If ves. to whom: 13e. Will the inventory be pledged: Yes (Eb No If yes, specify to whom: 13f. If a corporation, are you seeking approval for any corporate stock to be pledged: (0) Yes (E No If yes, identify to whom and identify the number of shares: OWNERSHIP INTERESTS Section 14 State the following information for all persons or entities who will have any direct or indirect beneficial or financial interest in this license: Full Name Home Address DOB SSN Phone Number Phider Corp. 84 State Street, Newburyport, MA n/a (617) 283-1141 - 7 q6JI 14a. Describe all types of beneficial or financial interest each person or entity identified in Question 14 will have in this license: Person or entity Beneficial or financial interest Phider Corp. 100% Ownership of business and liquor license 14b. Does any person or entity listed in Question 14 have any direct or indirect beneficial or financial interest in any other license granted under Chapter 138? ( Yes (x No Name Type of license License Name and Address Description of Interest 14c. Has any person or entity named in Question 14 ever held a license or a beneficial interest in a license issued under Chapter 138 which is not presently held? Yes ( No (If yes, provide the following for each person or entity.) Name Type of License License Name and Address Date ownership surrendered 14d. Describe how all licenses in Question 14c were terminated.(e.g. transfer of ownership, non-renewal, surrender, etc.) Date License Reason why the license was terminated H6 12--- 14e. Has any person or entity named in Question 14 ever had a license suspended, revoked or cancelled? (n) Yes O No (If yes, provide the following information) Date License Reason why the license was suspended, revoked or cancelled 14f. Has any person or entity named in Question 14 ever been convicted of violating any state, federal or military law? ( ) Yes (X) No 15. a. Each individual applicant must sign. b. Applications by a partnership must be signed by a majority of the partners. C. Applications by a corporation must be signed by an officer authorized by a vote of the corporations Board of Directors. d. Applications by an association must be signed by a majority of the members if the governing body. All signers must have answered question 10. e. False information or failure to disclose are reasons to revoke a license or deny a license application. r-n March 10 Signed and subscribed to under the penalty of perjury, this day of 20 Title Philip R. Wy4e President q611 Print, Form . ~L\ The Commonwealth of Massachusetts ALCOHOLIC BEVERAGES CONTROL COMMISSION FORM A► LICENSEE PERSONAL INFORMATION SHEET THIS FORM MUST BE COMPLETED FOR EACH: A. NEW LICENSE APPLICANT B. APPOINTMENT OR CHANGE OF MANAGER IN A CORPORATION 19 C. TRANSFER OF LICENSE (RETAIL ONLY-SEC. 12 & SEC. 15) (Please check which transaction is the subject of an application accompanying this Form A.) PLEASE TYPE OR PRINT ALL INFORMATION ALL QUESTIONS MUST BE ANSWERED AND TELEPHONE NUMBERS PROVIDED OR APPLICATION WILL NOT BE ACCEPTED. Phider Corp. 1. LICENSEE NAME (NAME AS IT WILL APPEAR ON THE LICENSE) 2. NAME OF (PROPOSED) MANAGER Philip R. Wynne 3. SOCIAL SECURITY NUMBER 4. HOME (STREET) ADDRESS 36 Adair Road, Brighton, MA 02135 5. AREA CODE AND TELEPHONE NUMBER (S): (Give both, your home telephone and a number at which you can be reached during the day). e I C~l DAYTIME s7n? HOME# 1217- 9/Y 6~ \ 6. PLACE OF BIRTH: 7. DATE OF BIRTH: 8. REGISTERED VOTER: YES NO 8A. WHERE?: ~~~wo 9. ARE YOU A U. S. CITIZEN: 0 YES 13 NO 10. COURT AND DATE OF NATURALIZATION (IF APPLICABLE): (Submit proof of citizenship and/or naturalization such as Voter=s Certificate, Birth Certificate or Naturalization Papers) 0 1 61 N 11. FATHER'S NAME: 12. MOTHER'S MAIDEN NAME: i 13. IDENTIFY YOUR CRIMINAL RECORD, (Massachusetts, Military, any other State or Federal): ANY OTHER ARREST OR APPEARANCE IN CRIMINAL COURT CHARGED WITH A CRIMINAL OFFENSE REGAPQLESS OF FINAL DISP SITION: PP YES NO (MUST CHECK EITHER YES OR NO) WYES, PLEASE DESCRIBE OFFENSE (S) SPECIFIC CHARGE AND DISPOSITION (FINE, PENALTY, ETC.) 14. PRIOR EXPERIENCE IN THE LIQUOR INDUSTRY: 0 YES NO IF YES, PLEASE DESCRIBE: 15. FINANCIAL INTEREST, DIRECWR INDIRECT, IN THISdR ANY OTHER LIQUOR LICENSE, PERMIT OR CERTIFICATE: x YES NO IF YES, PLEASE DESCRIBE: arh- ` eyz? 16. EMPLOYMENT FOR THE LAST TEN YEARS (Dates, Position, Employer, Address and if known, Telephone Numbers): 17. HOURS PER WEEK TO BE SPENT ON THE LICENSED'PREMISES: L 18. 1 HEREBY SWEAR THAT UNDER THE PAINS AND PENALTIES OF PERJURY THAT THE INFORMATION I HAVE GIVEN IN 1PPLICATION IS TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. BY: n ~112 PROPOSED MA G IGNATURE DATE F:1FILEMMAUREEN.1 WAUREENTFORMSTORMA. W PD 9199 N 6~~ MINUTES OF MEETING OF BOARD OF DIRECTORS OF PIII7ER CORP. AND CERTIFICATE OF VOTE At a meeting of the Board of Directors of Phider Corp., which was held on January 27, 2010: All of the Officers and Directors being present, the meeting was called to order by the Chairman. The Chairman advised that all members waived notice and were present. Upon a motion duly made, seconded and unanimously carried, it was RESOLVED, that the corporation authorize the purchase of a restaurant/bar business and associated assets, commonly referred*to as The Emperor's Choice, located at 530 Main Street, Reading, MA, from Emperor's Choice Restaurant, Inc., for consideration of $175,000.00. RESOLVED, that the President, Philip R. Wynne, be authorized to execute any and all documents related to the purchase of said business and assets including but not limited to the Purchase & Sale Agreement and an Assignment of Lease of the premises with the current landlord, Stavros Natsis and Ekaterini Natsis. RESOLVED, that the Board of Directors hereby authorizes the naming of Philip R. Wynne, of 36 Adair Road, Brighton, MA 02135, as Manager of the bar/restaurant located at 530 Main Street, Reading, MA 01867, to be known as Grumpy Doyle's. He shall be authorized to make all decisions regarding the sale of alcohol on the premises. There being no further business to come before the meeting, upon a motion duly made, seconded and unanimously carried, the meeting was adjourned. Dated: 1/27/10 Essex, SS Ve Janu erk/Secretary COMMONWEALTH OF MASSACHUSETTS January 27, 2010 Then personally appeared the above-named Zeke Janus in his capacity as Clerk/Secretary of Phider Corp. and proved to me through satisfactory evidence that being a Massachusetts Driver's License to be the person executing this docume; and acknowledgf the foregoing to be executed as his free act and deed, before me MiCHAELK BRODERICK, JR. UU Notary Public. Commonwealth of Massachusetts My Commission Expires September 29, 2011 ivvacuy t uvuw. 1) My commission expires: / ,q) L4 [,I ~ TOWN OF Reading April ..:.......1..20 10 TO THE LICENSING BOARD Emperor's Choice Restaurant, Inc. The undersigned licensee respectfully petitions for the transfer of the Restaurant All Alcoholic Liquor License (Class of License) beverages license now exercised by the said licensee on the premises located at Commonly referred to as "The Emperor's Choice" restaurant. whose address is 530 Main Street, Reading, MA 01867 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (If present licensee is a corporation, fill in the following paragraph) The said licensee is a corporation duly organized under the laws of the Commonwealth of Massachusetts, and its officers, directors and stockholders, their residences, and shares owned by each are as follows: (NAME) (ADDRESS) (SHARES) FROM: (PLACE AN * BEFORE THE NAME OF EACH DIRECTOR.) Michael Wong* (president) 35 Hall Road, Stoneham, MA 02180 50 Connie S.K. Wong* (treasurer) 35 Hall Road, Stoneham, MA 02180 50 Connie S.K. Wong 35.Hall Road, Stoneham, MA 02180 ..:............................................(clerk) (If proposed transferee is a corporation, fill in the following paragraph.) The proposed transferee is a corporation duly organized under the laws of said Commonwealth and having a usual place of business in said _Newburyport..,. and its officers and stockholders, their residences, and shares owned by each are as follows: (NAME) (ADDRESS) (SHARES) TO: (PLACE AN * BEFORE THE NAME OF EACH DIRECTOR.) . Adair Road, Brighton, MA 02135 300 . Philip .....R...Wynne.* ..............(president) 36 . Dermot J. Bolger* ............(treasurer) 55 Sparhawk St., Amesbury , MA 0191 . . . 3 300 . Zeke..Janus. . * ...............:.............(clerk) 23 Lime Street, Newburyport, MA 01950 100 . Kevin Burke, Stockholder 149 Gaston Street, Medford, MA 02155 200 David Buckley, Stockholder 28 Summit Place, Newburyport, MA 02155 100 The above named proposed transferee hereby joins in this petition for transfer of said license, and respectfully petitions the Board to grant such transfer. Co SIGNATURE OF LICENSEE ..................................................................................................9................................................................................................. (if a corporation, bar ite-tp aorized representative) SIGNATURE OF PROPOSED FORM 983 (If a corporafion, by its q6 11 ~+wmrwro~%W .•r~MU ~ii' w° ~ • e1~I $u?P~lI - y m s ~ mi e ac H BMW 3 ' 1224S UPIM 0£S: f m q = _ B z HN=ZLIH )I 0T1 MM aa I IZ-60 # tOa w ~ v ZTgHCIOLSI2iHO-ffF3o02I JaalaglODUaQ o m o v 3 NvIld AoNvamoo xoolll4 i' ma QHSoa02ta O O O O O O O O W O y n ti O `r ~ O ~ ILL V z W N h y N N H N N N H ~ a ~ m a Z Q O } > W Q W N G 'r W m Cn z ual ~ Ual z ug z u°I z N z ~ o ~ ~ zz F F ~ N z !L U Z CL U O O w O O J I- C/) Al 12-Jan-2010 12;08 PM 4,0hk, of amen ice 78193,7104 1. PWIES dill in! . PFiEili1l86$: (fillln artriiftcludv, it 00110 .w al Rine /lu&6er, float numfrei',.,W squaro fair! 'TtAM ~t~lt !n1 Nr 6'. 10CUR1TY ftRPbS1Y Ind inl. *in an S, RENT AC1Jt7S71i+1ENT A. MLAVIok (fill hr oe eckro) •L, QPIrf1ATING COST SS!c.;aLATION (0W -ffii w'-O letel STANDARD Fi9RM COMME11CIAL LEASE 2111 5C+1VRtfS I+ATSIS and EMWRINI NATSIS, 27 wainwright Road, Winchester, ~~..~~~yyr~A, 83w. _lt:.. h expression strati. inSlude tb.ei.z liefts,sucaes$ors, and assigns where LES5Q aoatext so admits: suss herdl;Y tease to M?XPWR V S. = 10$ REMORANT r iwC _ , e Mas:sachusetts corporation; with a principal plane of 'fusinoss at 5SQ. Haiu Street, UMing, MA 01867 LESSEE hich exdrWirin shelf. inetdde its sua:essars, e3cecutors, adminisi tars, andasslgns wher+t'the context sc admits; and the LESSEE hereby leaaes'thg followCng iic'secibad p{amts The ptoetis.es commoh17 knowlq as 530 Main StbeeC, Reading,; Massathusetts, 061inist:irig of%rirbi taater 33Z e'aSCab],e square. feel: of 8g.aa 00riaih referred to ffs the "Leased 'Pramisealf), and the park:Enp, lot on tha side of thei buil,ditlg a:dj; Got kt: to the Leased Frantisgs,. acid the right: to use n cateatan w :tb athrrxs: 'tat -ParUhs loli eet:vicitti{ .the bu'1 14S of which the Premises Is a part 1ch is accessed from Ash $t C.ei? t, the fixsti Hoar retail space and tlx-- se=4 flocir o sub to that are traaethet vifith the rlghF;. ttr use in c6r(IM6n,.with ethers etftftlad th®reta. the heljways, stairosysnarid alevato necessary for acy ess to soid leasou orerri1w. and•lavgtgrieir:nearest.thordiaN 1 t rHe tei'ttit Attltk laata: eiuli isa for five (5) years 0 T:', ltliendingc~ri Siaptallt$isOr 2Dpi?. :ro axitment:ttipor Sept atta 10 rt E`a~ pN p;ty'to t to LI+sSDl re° et a rats (itS S3.xty Thou$ast t C$b0,000. dq cil barvaer..oetiehie in advartoa iii tnCrithlY InSERlltnantf Pf:lt1f37 1+ivc xhousgtiii. 0540 t . Gi3) dp z• `t h4 Li:;9SEf~'rt satfsficthrX corripli$ttc~,Mtth the can Dirt rn . $e;i3 R3.der $.Ctarbacl hwrtto, *t inartaseshall 60 rsrorated should this lease be in off*=nth respect 116 mlviA portion of anV Wonder V • y C, CONSUMER, (1) i.ESSEE. agrees that. In the event the "Cansumsr Price Wdex:for Urban.Wage Earnsrs and Cia6cal Work p'RjGi= U. 5. City Average, All 1teci-6 l:i, S67 - 1001 ill . (Hereinafter referred to as the "Price lnddx"l'oviblishdd bja ESCALATION Bureau of. Labor Statistics of A he United States Cieosttrhodt of L•abot.. or any comoarabla successor or wb. tit (01 In* feto index designated by the L£bSOR ppproorlateiy.adjusted. ref testis an incrcasa in the :ao~ t of living. ovar and ab f1 off :the asst of living as..reflrc;etl:~+4 the Prins index` for the month of Ju,l ,1f3' 7 thereinafter Ca tf'lp "$ase.Price Index"1. ctrl Ssstc 'Rani sriall be *djcisicdin:gcodrdance with sub-natanranh i21 of fhts Aft! / l I;s on an a;itil basis at the aria of each lame yrar: 4Ak c0PYAji1H? *1 0611 Ali tryhl% i0svtred T ha .,teen mw flat be "PAVid. of iswiffluctc wNJIV di in Oitll Ih 00Y 1tMflfl6i Mlr1ntSOPICf VWifitiui the pnd, S.REA7~ftit!~)5ttfnlltF:tAt ESTd1£ EttSARCi :..,,yY,.:.... •i. .:I .~v. ti NiNe 11u.nn tJrd t,.,.~ I+:a•.~ str Pins tY 1'trll M.r~.> W 12-Jan-2010 12;08 'PM bank of a .erica 78193271104 3111. al)a iuslMorit oilti t2l orztiruenainti as of IN 3Z'~0- 104,001 tr~e. 13461C Rent 5lcvl ltitl riyymt tifiiving:i e~$asbs Rant {hbroettaftat to: at ' Ad;asutiattt'.f In Arttde d (it tilt! lease by a traction. ing nun;crdlor. al Which bltati•b0 kilo Prrcc 4efdci; I>?i the rnDntf;.Gf t9: 97 anri the tletiemmator of which (for each such (tamiortl sltislt bd the Base Price irid Provir3r., C). HNEVM. nG Adf ustrhani shall reduce the Basic Rtutt as previously payable !n accordance Wilk this Article Ot';h Article 4 of this Win, (3,i In the event the price index:.mas>:s to use the. 1467 average of 100 as the basis of calculation, or if a sub- stantief.otionga 1s made in, the terms,or rtum* of Items contained In the Price index/thenthe Puce index shall be Oi Ittst$d tO.thBltgurathatwoutdkave boon arrived athad the manner of Computing the-F ice index in effect at the date of Wit €oto r;%.been changed. tJTll. €TI6s; The. LESSEE stall qay, asshey beeatris due,~il bills for elect0city and other utilities (whether they ate used for furttlshing hest or Other. wrposes)`:thbi are fuTr Wid 'tG the €i oied groMlsei fend presonily idpsrotely metered, etui ati Bills for iiaifUWshed xo a aeparatgtartk servicing the IEaseti.acetiiisas exclusively. ha-i f edk,fe"Wr,aondh1of?!nQ" ffpgtonppllcd6te - _ _ _ G VMM .W h7►'►Y Tom.; .,.rr-. - _ ' *watax, gas, telaphotie LS3SSCsr hiere#~y r that sYi hater, el ectr! and 5 Us4e are 38 A,l:W =Was , g €.ESSOFt shall hivo.no abtsgetian to provscs u Slogs oe equipment tither than. ttia utl(rtses and +squrpmept vrttfitn. trig pnsrrilses :as of the o6rtimenesMCAtdate of this )Base. in tl~ seen i E: SeE i'eputres sdditionaf utftltlez or cquiiimant,:.#ha Tswi(facion and rT+titnterstirirr!i thereof d(iai1: be tht' CESSEE's sole cbl'igitlan: Provtrled Mot etch intta11at7oci ai'taii lie sub}ect:to the wrlttah mriseitt of the L SStJR, sFJc is ~ s> far :€CleaSt~i~g fie water it1ithia z:.. . eased.prgtnttas otlly forthe purpose ofgresbauxen#~ last=s shall, The LEESshelt'use the 8.. taSE`C,f:KSEt? dt ts , e seP [:al taE EMtS S 1;0t#gaei 'erwaObtain slid comply with ll necessary .$overtimetx N#Inf ,Pe=lf's attd, licatises tor operate the ra$taurdnt in t'as. LeasBd Remises. with fa l li.t.Pacar Ii=Me . 9, l rv tAOL;IANCE Tho LE85Bi i agknovatedgas thin rla tide dr accupation shall be' Conducted in the leased prgrnises ar uise made: W1 4W LAWS thefgof Iwhioh. will be Unlawful,. iinpraper, 6cixy or affatrsive. or contrary to an taw or any moriloilrat bylaw cr ardirience m farce iri the city pr town inwttlch the. premises lira situated: ( all ii#.der attac'tied hereto avo Glade a part he=reof:) 10;. fME INSURANCE the it tM shal€ not perrt+itany um.-of the feared prertllsaa which will. take voidable any insuranc.0Onthe propt:ftjt.of oi wit ch the leased premises ere a Pali ar Ua:the 4`Otitanta Crf sold property orwhich shed be contrary to astabljdhgd by zlre. hlewrigtanrl:Fire innce..Eiatirsg Assoc.{Et€an,. any law or reguiati0rt item tirr►e.c~ lima ter, any a t l body srtcoesdirig to Its ptswe;s,.'Ttia i55S1'x> :shall on if tmand.te►mburSe the I.ESSE3Ft, eri¢ aR other tensi►Cs, all etrtro.insurance pr0tntuti s: caused b :the 1,E53EE'3 ttSe tsf ` ' Ali MAINTENANCA The L>=ixSEE Agrags to. mgintaln that feasmd;pretnlse3`~n good con~ti+'ii, damage ~+Y f r+r and other cosu~(tysnly ek,oisi d. and whenever necessaryyi*o replaza piatd 91 oh land other glass therein, seitrtnw€edgii4 that the teased q;t;'e`S premises'~ra:nawingCCd~arderand'thaplasswhole:Ttitzt.ESSEEsf~att;totpermitthe.leastrdpcemtsato:ttCGwer QEt;isrjo S loaded,; damaged, stripped, Srr defaced; na sufferMs~ny wasVte. t_ESSEIr'shati obtain rrrfcten.ca lent of LrMMR before:erectits any'sign on the uses. a11id ng 1t tern the side OF tl' a Tdts31i1~c►g jaCIit. CtS? t tie Zeaged Pxeriiises S. LESSOR1 Thd 1.12.980n 'agrees.to maintain tha stmaure Of xhe Wilding 'Of which the Wend premlaes are, a par! in the TIONS same condition is It Is at the,commanSemant of tha term or as it maybe put in during theterrn o. thIs lease, £fE3UG reasonable wear and tsar,d,8triaoOv fire and otherCasuattyoniy axceptto,:unless such mointenanrxt Is req,ulrec 151101,119 of the _ILESSEE or those file whose cotiduc~ tha~ LESSRE is. legally respodelbie• in acaprdatiC wa.t h h W X1. of Rid= atf: ba ect . herein. 11. ACTEN471 NS - The LE E s all nac rriaka structural alterations ar. addttfonttt4, Fie leased premises. butmay make porrstrug- A(1t3€TIONS tclikt aftiratfons provided the L SSAR oo ottu thereto in writing, whirls ctlgeertt shall tlot.tie unreasonaety. wftliheld or, deisyrtid: All such` allowed alrofatigns :snail be:01 LESSEE'S expar se and shall t» In avetliy at Jew equal to the present construction. USSE$ shall not permit any machartics' liens, or s(mitar liens, to remair / uoon' the leased pramiset for labor and metertai furnishzd to LE95E16 of claimed to'have item furnished tc LFS599 tn'Oaon ctibti:Willi work of-any char9cter performed +ar Cielmed to have Bale perfolrmed it the; duet von of LESSEE` and shalt cotise any such lien, to Oe released Of record forthwith without cost to LW O8. A .rt- Atbrat€ont or improvements trade by the LESISEE shall becorntp the prorAny of the U MR at the tarminatict of 6CCtO ncv aS prgwt4id hP,rr. tt: v Such croseint shall not be =easonably wi t1held ter delayed . tAA~JrjNMENT - The LESSEE:st dti.pot assign ar Svbtot the whole of arty part of tht 10aserf premissswithout LESSOia's Pitt St 81.i; t€!~s wr;i~tRn, dOntnn~./n wlthstandiria such consent. LESSEE. $halt rarnain liable to LESSOR for the vayment of a envntlants and.C.0nc7itinr s of this lease. ~ ~ 1?-Jan-2010 12,08 PM bank of amer.ica 7819327104 :4, t5: 16. 17, 4/11 "disturbance ~ineiyL. of which S g(lFiDlNAT1(1N the leased premises This teerie shop besubjecweo~ at anY d liiile hetealet a11011W. tliee ns an the proPartp and hick instruments in the nature of a mortgage, rte ptiy aXecuta and dellyar.such wrri:tan ir+stiurr►ei,ts at are a pert: and the LESSEE shallh,, when reucsgied ,prcm ssr:5r styatt lac neteas t4 E the a vydinatton of his lease 'a said m6ft,04ges treads of trust'iir other such, lnsttu lei 7i 17?- t bowjvjj such a rt, rratssre of a morigape ~ me pntc nts* in .tht l OCf:L7}781t c,~ =der the t63?t'tS 4£ the S ~ PaSe ~1 11ta LE5SC3R fir .agents .v{ the i.b5St3S1 tnay: 3t:;essonab1e tinier, enter to view she lensed {sremt5es and may LESSOR'S retrid piacar~s and:aigns rtotapAt +ed and Iffikdd a; heroin providtld, and make repairs and alterations as } CCESB Ll:$SC?R should 0164 to do and may show the ieased premises to others, and at srt t time within three (3) tponxhs. befpra th'a ixplratiors of tote. tarrm, may affix to arty suitable pert of the leased promises a notice for letting ,or selling the faased premisat or property of whirb thq leased primiso; it& a partarid keep the tame to rsM) d withoict htndranco Gtr molestalloo, ltd tirMNiFi• TWL09F..t: -hall save ihh LESSOR harnitess tram ail loss and damage or,castoned by`the use or escape at water dr by the burrsting of piper, as, well. from.any claim or darrl:ige rasuiting from nsgiect in not removing LIMIhl AiVD' a$ irniseq so or bY 01 ittl Ll'i Y anaiiiy gle uisance mild or suffered on the laxwad prom 4unloss such i srcanusad b thi. hart a of ha 4E~SSO R. If1/I 7 . pa ~S Yite;reriioVal of snow and iii from the sir3ewalka hordOOt t t°a park- g clot o ses ttb.d sae of t he resparrsibitity. building -in Wbich the Leasbd rretni.seo ie joaateci t,bSStrl*`S The E.F-SEE shalt snairrtain cainsurancmaa#athe attiount of Q 0~ a0t91 theleaAdpromises t,CABIL{'{`fL: are a petitrbmptshensiye public liability in ewponatble companies ituattfiei! to do verage f lhlfi>Ziil~NC property dstnrge::insstradrrer in iimtts of $ tail 161116 businots iri Miseaitchusattti a'4 in good standing therein insuring tht t,IOMR at well es t EME asraltin injury to pardorisor'4pmaoo:'to prpParty as,pravide&The L lts shell deposit with the l.i SS R,cartificates for cads ithin Insurance at yr, pr{tx:n xka Ail uch inctucence art flcatesshattiprovide hat such tpo c shall'hot. be rrstri o ptretfdtt of anysuch.pciicies. . whi,out at taast ian tl b? davs arior wrini' ndtice.tti each assur$d named thereln.. a K of ich #tteY a~-R~~~~ntijatay 5$. FW,r....,...__.........._~,,itautdssutlatarrttati'~ioAafrttrb -eased pramtses,prafthe'pr Pe Y . CASU tG fY date by fim,or ether casualty, Or taeukan by erttinetitflbmatn;'thC LF6SpR tray elect tosermtrtata tht F.h?IiN N'f faaaa en tCh ~rgt.tz8suatty, of Taking renders the leased prpmises aukrata»ttatl ttnstli. 6 ,j for '%arm irtzendttS i ttyl,AA ttit use, a=3!sat and?laroporti'idttate:abatamahi of merit shstl'i* made, and tt}a ~i= meY nett to terminaTS tht lease i# . *it1 t i r o taithitt 30 . ft s Qf 'the damag+~ 't ?g' {a} 'rife' Lift 111110b We Written notice`Within stirrty (8Q1'days of ntehtian to rottor®!rased Prow Ites,or .(b) Thiel:~S t_Rfoilsi°restotathelease pretnisestoacdn ti suixtanaaifv"suttabtt#artheir incerlde use within ninety j$0! days of said fire, casuaCty ar takSng. 4311 gtE The tEStSi~t reserv+t5. artid the t ES3EE Qranis the L eminent i r' om en aicr~apt #ordamega to jhd I.ESSHE ,toes lriwtti+ to trio' leased prerrii'tes for ally to by cr fixturex;,Property..pr ens iPMent• fg, DEFAULt to tht-ovent !hat .'$SI: merit of any.tnstaiiment of rant. or a~her sttrr+ herein spa, ,odic, . ($1 The Lt:E shall r3u4auit in the pay. . i#AtSiKf3LiPTC`' fled gnd:such detaatt xhati continue for ten (iii) d4Ys after Written notice thereof: or :tf111 M) tb? 'i'6e LESSEE shell dfi tepittsi l the 06%e and such defallIt shalt not e aarrec Q w taint hitty di. egroml n%. or q after WrittEn native lbere4f, Or tt:? The . F_$SEtr.al,all !,a daclered bankrupt or itxtnlvent according so law, or, if any, assignment Sltall t made rrf'LESSAW property f#r rho ba,rtafit cf Gradttors, i3c C t bU v6§theni the L 5S+7A sMgttbo.ve the right iheregftet. wnfie such defattit continues, to re•ertthi and ii}k6 s ell ie and faMO G~$£CfsfiS po6sessiar► of thg':teaaot3 Freed e ant. es uVri chmtrti tittbe atFteivfsertsed for arteara of r y t;or therSdefa lt. Tl the M 'udlta to altY 1 yv to rt alt !tidetmNiytholt590R'againctall loss ofrent 6 athetpaymontswliich:cha4i:FsEQrimay Inc f;+s MEE shprai . {e LESSE by re w4m af.sucit termiirtatltin during the rrisidua of rite Term the L,~$St3E shall default, atgtc s'e be ob v tice thernc ~ in. the vbsetvant a or perfcrrnanca of,any conditions ar tout rtanis pn $5SE's a t Without bat R, wi fortt t dr. any ota p ti to rorbyvi dor so of any.Af.the eoo+rtslons lnnn a tdefautt,Imay stied such dkA.erformodunde t o and without, thereby waivi. g an obIifor the Count one at the he $xPgnsc d ° nneetitrn tit tei~t1; Ent 0 no 1 not d to, reasottab alt rna+y`s'foes in thti:payinent of mimsy in co ant a, iorf or oroeaadir+1.such dWpaid oratiligatieiMInsvred;with iiitet di ng ng, prdsec2% or per cant not y ~t stitaii at the rate nt 1~ per ent not antiuni andst6, shall (le Pat¢sihe [.ito L EE'8° addltio ;k tdg= to tent; ~tvirtaith5t:and" t3'1B f oregoi09, eta ' ~ m u> s 1 20: t:es in a n sexier mariner this., pxeva~.lirig , Y shnsah 4r t bto the ocau rse thereof. 0 rescyly Any notlGS from -Fie LE3S0lt to the LESSEE retatrr►g to the teasatS tsremlw. ll ntaiied to the leased pr IM/ 1 t~fi ffilt rrr) be.dverrtt d duty served,' ati. Postai1a prepaid; addtessed to the LESSEE. Any ices, CCprsiared'or ccriEl:ett Rretl, rnturr, rectitpt rPtt!r eSt shat uvo tips: llt7m the 1.1991106 tt, ihy LESMR rciawig to the teased promises or io t►a oeeuhant;y there d, ~s ,stiati it) the ESSOR by reoistered of cettiiiet! mad, 4Ltttrn toopiN qup.-IM duly si rvi it fn' priigarti, tttttlter5t. tl la te, • i E:►at? ar ~urh asidr~•,s :~s rtiff LESS(lFt may irtittt t~ni¢ 1u time advise to cart, tt : • ~crlfr ?7 Wa i nwr i Eh z Rood Wirtcheator. RA . + c~vrwnfit? incXtltl rscmable att=eys lees ~b 12=.Jan•2010 12:08 'PM bank of america 78193`27104 5111: 2t. • St1RRENaEft" 'rho LES.SEIr>chnl! at thi ertpirati.pn or other terrri'natiort at`thtd lease remaveall LESSSFs*dsandOffer tram 65 leased pre mise s,:lendud'+n9. without hereby! limiting the generality of the'tc>r~oinp, all sightend it teristti offjxtd.gr painted by the >~ESSEE, r 1"r inside ar: outside tf c teased oremisesl• LESSEE shall deliver her fik%urox connected therewith and all and o s t t i ' t her ; o, keys, lock the LES 6 Alit feet d ptemites and all or'ppon the leased premilat in goad co6dilloh. damage by fire of ofte ta5ual; teratiam and add;tions rhiWe to , only riie O, Inthe eight cf' the LESSEE s failure to remove anymt Lest= i proR@rty fine the premise hereby ;gihorixed, whhout 04i liity to LESSEE for toss tw' d6mage thereto; and at the sQic.tisk LE59C A is * . r LESSCM. to xemove and stare any. of.`the prpperty at LESSEE's expense, or to retain saute under. LE'W cone of dr id sell et oibild or pdvim sail. without notice. afty at all of z<te Ord early opt :so roMoved and to app the net prneeeds of such:sala to the payriient of env sum clue hereunder. ar tv dptttoy iwcti ptat>oity. 72:: Bf t l fcRAGtr IUBroker(s)named herein Vetti~oiitl Rpstauzarst Bxoktlxs, lilt., f39 Union 4tharf, . (Ah In ivrdelete) Boston, MA, 0..2109 warrant(s) that he meyy 1i; {arp) tWty lioantod as such by the Commonwealth of Mostachusstts, and jolt}{sl this egreament end tiaCdrne{sy it perty:~~eeetG; ir►SOfae as city prayfsiont of %his a0mament axpressly owy to hi tih6m.), gad to any amendments oumodiltmions of sur h provisions to which he fthayl $groats) in.writing. L9SWR agees to fairy th4 abovi•named Broker upon the term commencement date a fea for profasslon sxrvit~s of . of ptetst><8nt to Broiler's attached 00 M' misdon schedule. 33. OTHER; t# is ciao understgors asld iagtdcd that Rt dez< at"tier~hGd 'bi -r o 0 made s pat G PROVISIONS liar act, IN•lfll7I ; 8 . lEREOixi the said parties`herpunta-58t their her4s and soots this _JP__ day. df wEORt 9 CHOICE a'jt;OI E'RESTAUAAAft, INC. LMSi= ITS a.Grr-a.~,„'' 1.1=S50R - a LESSEE E fl i~~TFiiYly! t~:ATS:'ES E;ROKRA(Sl. 4ATEONAI, tt£STA&RANT 10hTS. _%W G. q62:1- 12-Jan-2010 12:08 RM bank of america 7819327104 6/11 RIDER Tfl.. LEASt AMEEM T -DATED 1995: BE~S7'AViYOS NATSIS AND EKETHRINI S1 ESR: .ESS AND, EPfP,FjtOR'S,..qHOICE, ,R:ESTAI7RANT, Z i-I-T E530:.,i4ainaSt i e r3C, Reath Naas acbnserts *Except as herein provided Hazardous PER. *i:,esses VII not.. permit the Premises to he used far any purpose which would tender tba insurance thereon voLd. Any ir►erease irk the prataitmes for su insurance redulsiing froin Lessee's e=ittea use i-n the Framises shall be, paid by Le:ssea w'i tbi'n fifteen (15) days: written noti6o from Usaor. Lessee shall cowply,.at its sole cost., with 's1l envixeeokentAI Saws pertaining to its acCiviti.es on. the. Premises. .Lessee shall not feithex with or without negli.gance) atusss or parmi.t uhft escape, diaposa or. release of any Z?folQgi.cally or abettiiae33y mativa or ocher hasardaus substancas, or materials. Uss.Oe shall riots atl.ow the storage, use, generotioh, oGeatid t, disposal or transportation of such su#.)staneo.s or materials in. A07 Mannar not sanctioned. by law .far the storage, use, ganexatioa,. craatton, disposal. `or transportation of` such substances Or meterW-A, Ox allaw to. be brought into the Pribbiseg, the bui.ldIA8. of which the Premises is a part, or the laid upon .vuich the Building 'is Located. (1% rei .u together rallied the !!Y oj.eat") any such materials og sa"bstsnces sxcapG. so use :in zhe. ordinary course of LatSWS business, and their q#z y rater Vrittian notice is givO# to Lessor of the. idcnt:i• of such sulseegnaes or materials. Wilt, t-°~ti>ti~'Catrfazr'hazardavs substances and water als:.s"hall include shoat described , it. t:he 06MPrehansi.va Emiitoitment:al Response, Compans4tion and Liability Act of 1980', ss amesfd6d 42 'V: S . s . 3eetton 960.1 at sae}..:: the Resource Conservation and cairgry' AcG.. as ;upended, 42 u S C:, :Sectiozi 6901 at seq. , any applicable state. air :100e:1. laws and says regulasiopt adopted under those acts. %n all w"nts, tassee sliall indOntfy 7e4por. in the manner e.l.sewbero provided an this isas~ :from any Calaoae af.haxairdous materials du the Tremises occurring while L4.420e is `tr possession, or elsewhere, if caused by i,eBSee or persot~:s' acting ut ftr Lessee. Lessee's findemndfid ion and hold har~ulase otti i gat a.atts :irialu e: without. Vaitation, U) claiw&. l~.abi.L*Ue-tj cos : or Olcpensas r+asultixig gram or: based upon adminisrrati.^ve, jualci,al (ci U.:or. trim iia) or other actions, legal of equitable. brought by ally private or pu'bl is person under any federdi.,.:state I county or muni.cipe l.. environmei4tA] OUtutes, codes, ordinance's or reguloions; (i.i) clA3.tns,. li:abilitt..es, costs or estpan;ss pett4iniag to the Qlaana rap, or eonta stmenti oaf. wsstts, the adaotification of 0al7:'4terits tL the waateS, the i.deztti.*fio4tioii, cif the scope of any iatnVircmerLt:ai aontiminatiotl, the removal, of pollutants from pill, river beds or aijui.fers, the pratrisioft. of any alternarive public drinking wgter source,, or the lone-term moni;tging of gro=,d and sur£ac:o waters, and (HQ all costs of defending, such, claims. Lessee's inddmnjfieation shall nor a0ply ro the extent that eauc[x IiAbiiiuies., cones. auva e.'es' dr claims aro attributable to the negli;gat ce. aar or omisslohd of Lessor, or the negligetide, acts or omissions a£ o>=hex .renaottis ar Legsax's Qredecessox-isa iruatest: to fj/~ adtli;tiet~:;. Lessee shall exeaizca aff? Asvi.ts, r03!ai§antati.cros Ond she Like {f 4 Priim t imp to time SC Lessor's request concevilut Lessea'4 bast knawledie and beli+ei' xegard3:ctg the pi`e$e►dce of hazardous substances or :ma=er%a1a an. the Pr4tnisas.; The provisions of this serntion shall siixviwe the ex0t,it%oti, or' akrijor to-eminacion of task lease term. 0 bZ3 12-Jan•2010 12;04 PM bank: of america 7819327104 XT, Rent Adjustment. Commenting with the seCOnd lea! Year, Lessee mill pay to .Lessor as additional tent hereunder, whk.n and as designated by npcice S.r wxil:ing by 14s~o't'; Les9ge's ":pxu Zeta khaxdl' (57.9vj of the real estate taxes on tkte land g%d buildings; of which the Leased Eremisas are a part,, assessed e84 year of tie t4rm* bf this. Lhasa oV ;any. extension or renewal thevao and prvppxti atsabt#ly for any part o $ fiscal year.. If the Lecvov obtains. an abatament :of any such 'ree'l estate tax, a pxespo tioiista shake of such. abatement. less tba raaoonabla fees and costs 3s t+a7ckiW In db..t4inifi&. the same, if any, shall be retund$d. tt, tlsa Lestsea i l1I. lion to §Xtand xe,Cm. 1, Ltes'.e sh4l have tlse right, to be axeraised as.hereinaf't:er provided;;. to extend t'hig teade fvr thecae t13 period$ of five (5) years each` on. th'a xol owitag terms and candit.iona A No defats3;t by I.essae aball b:e swisting of :crnstinuiug In tho pat ortatca of any of the teams, covenants, and contiitiasrs of thin Least itr respect of a zistter as to Which npt'ice ofi default; has been g `!fin k ereundex; provided, however, that -ifi the everic of any da£ault: that cannot with due diligence, ba cured prior zo the lsst dare on which Lessee i, entitled, to exercise. sums right of extsoasdn. Lessee miLy ne, artboless eixexaism such right, and shall, be entitl4d to the, raspsetivO axtandad. term, if Lessee shalll.. have iroceeded promptly .after 'they service of 4LUY 'nonce of defa ult. to commQnco to. ,cure the def4'41t; #4 thattAfter, camp3.e#es the curing o tho defaislt with due dilige=e. g. ',1hq ;axtstdod term sball be' on the same terms,. covenants and condittidhs as In the Leass provident. G 'hare shad l.:tae ria priv lege to extend the terns of this Le'asji for any period o A.rn, beyond the Mxtsnded term provid6d fdt he~caa,n; . 2.. Lessee sh$ll.exercist its right to extand the term Lrt the foldawing manner: At least s.ix (6) mot the prior tit the ;xpiracion of the then current term, Ussee -shall notify. .Lassax of its eleotiart to OXexcire fire rigl t to extend the term of thXS:.l.ease. OA the giving o'f such rtot%ce of election, t ha Lease. shall be deemed co be exte-44 1. atnd the term thereof exten e4 for a per=iod of kfWa (5.) years front the dg+te of the expiration of the than r.uxrent taxm. A ngw Loans for the axt 4ed.term shall. " unnecessary'on such extens'iez,, the Lease arteemPnt, c6hstltuting g: pxssarit ddmise for both the oti:gibal 'at►cf exteoddd .t+~tsd. 3 If, at the tirga af. tommencement of':tha :extended terra„ thero: shall b'e:existing or contln4ng any default in the performance of arty Of tlwa retina. cp.r®nariGs; or cotitdi.tioris cf th's Lease on the part :of tits Lessee to.bP,perf6ymed, Lassa,r 's riik to.exsraise any remedy for such da:fa4c see forth in this Lease or in aAY stature o'r: rule of law, ari.sitig out of such default. shall cohtihu'a dWr i►A such e5cteziided. term in full . face asid effect. and such remedy shall be exerci:sabla by Lossor dwrinsg 1. 1-1 7/11 ~bzH 1.2'-Ja,n;-201D i2.09 P'M bank of america 7819327 1 104 3. swat ex,c;endeo .,eXep 0 the same mi annex artd with that sama: e$faet as. though CkY/q 0110 of ,slsSs~►;oisc in wiah dotau t bccuxred had not: ended. Iv. Lessze:'s Maintenanoe 2bli ations=Adds Gions7, rc~ris:ions.., A: Lessad eha,l.et its sole cost and, r3:pense and wi.:thouC ahy east :o Lessor, keep in &Ood order, condition aild repair the besting, vatiti 44ng and air couditioning :aysr.a*s used exolus.ively, €or the 'Rramises. U Ussee refuses or neglects to taalte or perform such repairs or arse tzCeriazzca,, in a atsiser. seasana4 , sat:Lsfactory Co Lesilar, Lessor- .1-1 h`- . the ri'gt►t, upem giving X.essee a aisonable- Written notics, except #A situations deemad<.:to he eorgenty situations by .Lessor, of its e.aec31!.r CQ so, to make such.>apairs or `perform such ma.intenanca on behalf, of ar~dfiyx th$ ac.dounr .ot Lessee., and Lessee: shall, pay Lessor's cost of such .wovk as addipiattal rent', ;promptl upo-p. recelor Of a bill therefor:: Una ass cautoa by I.es:sea' & willful, or intentional eats, or i.essee':s negli,&ence or failuta; co perfetm its inai:*2?reYtgYlco obligations ttierwahder., Lessor shall, at 4assor's expeii~e, vtolace such por-cions of the dvAG systems that require replaceinert dui~ing Chi Csrm of th& T:aase. T:atssor, thaIll no-to be liable, to Lessee gdr arty dgmages .eXOept ,physical dixtoage to portons aid property cau:sad by the itertis nsentiohad ih. t he prev .Wg. seritesics, tid'adirig re Ilacament aftax 7.essor has had xeasgnalble 41, cppoxGtu~;t ty to hays the same :repl,a"a after bs`ing not~ir a4 in.-Oziting of ttie rseed. of same, by Lessee. `g. Lesson shall pay, gas 4444011ai rent hereunder, fifty peas}eor. (5OO of the casts incurred in, the temov>sl of :#wv' and ice from the :sidewalks and lsarking lcm sazvio %ig the buildita of 'which the Premises is ;a pert. which xs accessad from Ash Sz;rae:t.. V, 6oirtyii tt Not to Compete. So: long as this LaA$a re>naim; in ..full Te?xde end: +iffact,: bu't in my event: only during. °the first three. (9) years o the :irif tel.. afro of the L We,, the Lessor shall not, directly or =e$3;fatly, engage in :or hecainss :izirerested in the .operation of az7Other 4W.1 restauroiq~ Vithih.'a five (5) mile: t6ditis from the Leased 'Peemises. Vx; RasGxiGtive 006nant Miring the entire team of this Lease, and,aT. extensions heraof;. i;kaipr shall not 2esse, rent, sublease or . pet nii it arty of the o.thar.stares in :the building of, whith :the Qrdiiisas :are apart to he used for fire bucittess c an :AS art -ss)re Yestmuraii , zha business, acriv ty for wh;ioh. lessee h;iZ :specificallYL leased the Premises from Lessor: Lest a has 15 :days after the date cif. issue VXZ inurkna :Period. i ~'te R .cis; byt wbuJ The purpasa of rbo F'kxtui*ig P:exi:cd is to pormit Lessee anI opportunity to ready the ktzesnlses; for bi>Ritiess:. Dssrifig the Pixturisig c Vikvlad, Lessee and; Lessee's agents, serya gd. 6mployeob .snd. subeomaccors shall have access w ache rtemises rluilbg normal 'buslnom ~:houe.s for ttte pur.posa of rnaddying. the Premises for the e'omme.ncement of: Sill to do d==U nt d as; the z~x5.csg pl~rii 1 4__ 4w 1'2-Jan 20110 12,09: PM bank of amerllc2 781932.7104 9/11 i,ss$CC I:$ )m*111633 cnereir, D+ Angi. Clio FAwturf.ng petiad, Lessee. Wtiall be bouind, by giio shrill comply with 411 the >:mx.MS, covenants and conditions df w ehf~ Tease extgpt ~ aC; I~sse~ $Ii, I1 YsOe 4ki}i ftGed to bdvr.Rr3ttC until " after the exp ira tion .ot said : i~cturliig Period V1ZT „ SSQR cpvt n1m and access. to inti t~tain in goad reiair and etior and ett:UP#gral xa] a~- 7 t6 ext lace i:f app3.# calale or a l.1 the kiti3'ld .into iin which the aataed prams ses axe located at LESSOR'S 6cpende. Suuoh, naintenarnoe and repaxt shall ino~:ude the f0un4atiOn, ex~.erior walls, rraa ,the common arses except the ,patkivg lot on the Bide of the Wilding ari'adent to the ~eased px .ses. LESSOR shell be responsible fox: the maintenance of plumbincg, wires, .p pegs. rind alaotar3 cal systems to the extent that such exst=as are outside of the:Xease preerlses aad the, LESSEE shall bp- responsible for the ma zxt pappq of plumbing( ~ires4 pipes a'td el.octr`d~al kystems to the extent that siuch sy'stexes are inside the leased prran sesFrSr tote purposes of, this section. leased pitem~.eaa sha t mean the i nte~xa or of the space up to the interior plane of the doa-sing Wall, c.eilijal or f;lo st atirface, tht~; pwnsx o~ t)ae: YX) ~4 EsaoFt viarrants and . repteSents that ty are premises described herein:, that they have the right to let 'the premises to the LESSEE, a1nd thdt., thi re are no Lcl4ims of others: for t,'he possession of the premises, X, Lts5 oR oovenants h*t. .;Upon. 1.SSZB paying 0 gent an p ormirig and. tibAervi.nq all the covenants, 0.ndit`a orns, . data es, and 4th®s isions: ng this lease on: LE3&FE's port, to be Observed 'tax pro"" the 10004 perfoxtied, LESSEE; shaa.x peaaefiil~3► andi:etly enjoy pxs ses:ydur%ng the. lease he m wxth+ u am matuzex of hinds"nt<e or iaiiXestatxori©iuaElSSlt ex atiirone dlamnc .under the LESSOR, Xz) 984OR shiiII Wtaintain at their ..cost and ebcpensa or cause to effect. tc sdairitn xn :fv :foroe and effect, upbM the cr~tamez tent eextension of 'die lease testa: and .during the ent~.xe lame- .~erza or any thereof. f ire and extended coverage 9 isux . ce oft the buiI da , of which the leased prte?p se$ are :a part with an Insurance domjpany quAlIfXr=d to do business in Massachusetts. ? I 3,ESSQ t sha13 ci apexatE to ericacute the fttid6 of Lease Fear reonrd iiy' ih accordAngei with the statutes :alb, at 1+RsSEE's exgarise. X11a) Ihis lease Is suYz sot to s) ,l ~i~e tr3 ©s zig as Obnte'implated in a purchase and Saj a Agrekiment f ear the Fcead ng Di rit1r, to the event the o losing did ;Heir: take place as thexei i prav ded:, LESSEE ;nay teimInate this 1600 without. any lizibil ity by so not fXillg bESSaR Sri wm~•iting whereuppn all, d6pbsita made bareunder n the LESSBE shall be refUnded forthwith. kll 6bligat o:.M of the parties :shall cause. FiWitliin 2.0 c34gs of the o, t1jis Lessee ~,C ~4IR n 6 gI1@d:: by LS6SOR's ackr~a ~.t=dge that. in the eVerit .ex$xc.Iises its right to fOreclose t0 tie X.BSSEI~ .a ion L31;5CUxnancs~s mox' gage~ or lied h0j'derr, to such .mortgatag or Seri kxoXder rsllowing. L'S $OR. defarUlt under qb,2/6 1,-Jan-201.0 12:00 RM bank of am&lca .78:19327104 tYxe moxfigage c►r any tsther instrutent and mortgagee' or any successor in LESSOA-° s interest shall. become the Owntr of the "leased premises, it. '14ill eecogni -Zp: this.. lease and W11 not disturb the p6ssession, usd, enloymdht of, the leased, premises by the'-pi V, its sto essors or assigns provMa. L1;SSET is not theri lh default W-Aer. the lease. A. c61ay v.f tho Non-D~;sitrbance. AgreeSnc~a~it j6 • harean . attached. 10/11 xvj. Mutua11 Wal.v@r of %u1:=gat pn -gaph of :Lessee and Lessor .her . Y Va. ve.~; S. arge and release :each other' 'rroiu any l . tx ox rasPO..n8 iii y to the other (.or anSrdnb. slain nq' through or. Wider H ein by stay o subxogat~on ott exwiee)for any loss or iiamage: to property Mused b Y fare or ally off' the exte2jdec3 c4~'erage. or supplementary 00I traot easualt es, even if such fire or other caa>Yalty shal.'l have: been caul cl by tae.. faixTt or neg].~igerpee ► :the r6l e''a"a .party,- or enyo)4p, for Whop 'suo h panty may respons.Ible prow ide d,.. iioti re tYiet th3 s. X lease sY 611 b appl ca~±lg and in force aid effWt only With xespeot to loss or damage' OOcixxx1h dur »g ;aiiop time as the re7 easor's lnzuranc pt>Iicies shall. -contain clause or endotscohezit. to t')ae affect that any stick rel.aase sYhal1 fat ad--v,-6 ~ affect os a;mpair said .p63:3cfes ,cr.. prejudices the: ziot. of tos. releasor to recoirer thereiuhdiw sash of Lessee and Casson agrees tTsat its poliaxea.will include such a clause or eindora? ztt. so long as the same shall be obt:ainalAe= without extra cost r or if extra. cast skull:, be onarged therstor, so brig as th.0 other party pays such extra, cost:. .lf eXtra Qost skull ' be' charc~a±~ tji%erefox, each part' shall advise the ether therofdt 04 of the ` amount of the extra GC7st, 'And the .i7lrklex ,pity,, a; ito Gllac'ti6n,, MAY .pay the, e+ ae., but. Siha l l not be obl icjgd to do so. Emperor's Ch i` Re ta,urarnt.,. Inc y. r sidpot q ,,yr , f A-I 4 6r 1/4? tr.e~s~irer q bIll sha3 l have access to tkhe. leased pxe=a~9 sas. pr;Lo2z to the commestcemen J~ otwithstan4i ncj the foregoing, LESSEE Or its. dQS19Daj; 50 `7 date to do x6aaurdheilts and the like to prepare for the renovation 1.9.Jan-2010 12!D9 PM bank of america 78193 7144 ThW agreement is made thrs day, of J ' 2002, byand batwaen sfavros Natsis,and katarir#i t~1a'tsis of 2T V1/ainwrlght cod.Winchester, MA 01690 (thy "LCrtdlord~), and i=mpsror's Choice ~estauremt, xhc: n:Mds$aehusattsaorparation wFth,a cisgal place Af buslnass at 6901, Nu~tn Strut, adtng, Mcsscc}y+ ~tts 1 67' tthe "TetmW) regarding the Lease dated July 10,1995 at PO Main stmt, Reading,: Massachusetts. (1 ! andlord. and Tenant agree to add.an additional l,l00 sgiinre feet (appr: aximatly) to the eXistrng (.ease: for' an additional rent. of $2, 00 starttr~q ~epteniber 2, 2001 and the parties agree that the second option. under the Lease.has been extended to September 36, 260!5. (2) La 0410"d 4hd Tenant agree:that the Coto! tnonthly b6se,otht including the 1,101 sq, ft. (2 function rooms) starting September 1, 2001- September 30, 2003 is $7;10p. Landlord and Tenant agree too total adjustment for the increase in the real estate taxes chd. the annaa) CPx Increase (p$r the merno &tad.,'aiy 18,2001 from Landlord) through September Sit, 20g2 fo.4e $6;57'3.96; payable in 12, ntortihly instatitnenis.af 464.32 starting S:ept*n ;r 1,.2002, This represents the. final settleWit mnoun# for the abdve referenced d*Stm6nts through S.eptcriilxer 3Gt. 2002 betweeri the, parfi esi (4) Landlord.:and Tena nt further agree'#a sets thosuine amourit.$404.32 as the totdI ad Ojonal red. for the period train September 1, 2002 $sptenrber 30, 2003. to Therefora;theti q! monthly rant (base rant +the e6ove oidjwttnehts for real estate taX and CPI.:to fho. Landlord le as follows: 5eptstnber 3; 2402 ~ sspteCnber'30, 2003. ,~;,:.;,e.~..,,:$8,1b4.32 ($7,7CK? + $46.4,32) (6) Landlord and Tenant agree town additional security deposifi` of $5,0]00 for. #he'$1,106 s, ft. (2 function rcosats), interest accrued on the:deposit:wili be giveta to the.Tertant yearly: t~7) landlord -arid T¢riant agree that now Te7arlt will pay a total of 80% of any lhGreasQ in the real + tat X120 ese base Year 1996 (uainy the .same clcI floasssd in the Landlord's 3uly 01 tsretnc} bewuse of the addittenai 2 function roonW. (B) Except as expressly provided here, ail oth& terrhs ante conditions of the Lease Mated 2uly 10, 051, which are not inconsistent with the terms of this Rinendment shall retttain the 5aMe and m full farce and effect and will, also apply to this Amendment::. Signed as d sealed instrument as of. the day and Year 'First above written, Empsr!ar's> Clioli»e Ra~stauratrt; Znc.. 1 Mtc}aa~e! YYong, President & 1lreasurer. , LESSOR'. Stavros Natsis Ekoterlni Natsie 467X BY-LAWS OF PHIDER CORP. ARTICLE I Name and Purpose The name of the Corporation shall be Phider Corp. The purpose of the Corporation shall be as set forth in the Articles of Organization. ARTICLE II Offices Section 1. Officers. The officers of the Corporation shall be President, Vice President, Treasurer, and Clerk/Secretary and in the discretion of the Directors, such other officers as they may deem necessary. Section 2. Election. The Officers shall be elected by the Directors, by voice vote recorded by the corporation's ClerklSecretary, with a majority of the votes cast necessary to be elected. Section 3. Qualifications. All Officers must be Directors of the corporation. Section 4: Terms of Office. Officers of the Corporation shall hold office for a term of 5 years or until their successors are chosen and qualified. Page 1 of 8 y L Wt Section 5. Removal. The Board of Directors may by a majority vote remove an Officer or other person elected or appointed by them, at any time, whenever in their judgment the best interests of the Corporation would be served thereby. Section 6. Resignations. Any officer may resign, in writing, with such resignation to take effect from the time of its acceptance by the Board of Directors unless some time is fixed within the resignation, which in such case the resignation shall take effect from the time so designated therein. Section 7. Vacancies Any vacancies in any office, however occasioned, may be filled by the Board of Directors for the unexpired term or, in the case of the President, Vice President, Treasurer, or Clerk/Secretary until the vacancy is filled by the Directors in the manner provided by Section 2 of this Article IV. ARTICLE IV Powers and Duties of Officers Section 1. President The President shall preside and act as Chairman at all meetings of the Board of Directors, provided, however, that in his/her absence a Vice. President, as hereinabove provided, shall preside. In the absence of both the President and Vice President, a Chairman shall be. selected by those present at the particular meeting. The President may sign, execute and deliver all deeds, note, mortgages, and other instruments in writing requiring the corporate seal of the Corporation, and may execute all contracts or other document for and in the name and behalf of the Corporation unless the Directors vote otherwise. The President shall perform all other duties incident to his/her office prescribed by law, by these By-Laws, or by vote of the Board of Directors. Section 2: Vice President . In the absence of the President, the Vice President shall perform all duties of the President as noted above. The Vice President shall further assist the President as chairperson.. Page 2 of 8 fib'' Section 3: Treasurer The Treasurer shall be the general financial officer of the Corporation and shall work closely with a bookkeeper and CPA designated by the Board of Directors. He/She shall keep full and accurate accounts of receipts and disbursements and shall arrange for the deposit of all monies and other valuables in the name and to the credit of the Corporation and in such depositories as may be designated by the Board of Directors or, in the absence of such designation, as he/she may select. The Treasurer, along with the corporation's bookkeeper and CPA, shall be accountable to the Board of Directors for all matters pertaining to the Treasurer's office or the conduct thereof. The Board of Directors shall have authority to delegate to an Assistant Treasurer or the Assistant Treasurers the duties of taking charge of the details of the financial management of the Corporation. The Treasurer shall perform all other duties that may be delegated to him/her by these By-Laws or by the Board of Directors. The Treasurer may be required to give bond for the faithful performance or . his/her duties on such sum and with such sureties as the Board of Directors may decide. Section 4: Clerk/Secretary The Clerk/Secretary shall attend all meetings of the Members and of the Directors and shall record the minutes of all meetings and all votes of the Members and of the Directors in a book to be kept for that purpose. The Clerk/Secretary shall give or cause to be given the required notice of all meetings of Members and of the Directors. In the absence of the Clerk/Secretary, a Clerk Pro Tempore may be appointed by the presiding. officer shall be duly sworn and shall perform all the duties of the regular Clerk. The Clerk/Secretary shall be sworn each year to the faithful discharge of the duties and a record of the oath with the evidence thereof shall.be made by him/her upon the records of the Corporation. ARTICLE V Board o Directors Section 1. Powers and Duties Page 3 of 8 qb3~ The Board of Directors shall have the active management and supervision of the affairs of the Corporation, and of the investment of contributions, donations, current earnings and income therefrom, and shall have control over the appropriation and expenditure of said funds in conformance with these By-Laws and the purpose of the Corporation, as set forth in the Articles of Organization, in such proportions, whether from capital, income or otherwise, as the Board of Directors may from time to time determine. In the management and control of the property, business and affairs of the Corporation, the Board of Directors is vested with full authority to buy, sell, lease, mortgage, pledge or otherwise encumber or transfer any and all real estate or personalty of the Corporation, or to buy, sell, lease of otherwise acquire additional real estate. The Board of Directors shall be vested with full authority to hire an Executive Director and any and all other personal for the operation of the Corporation's business. The Board of Directors shall have the exclusive right to make all policy statements on behalf of the Corporation. The Board of Directors may set up such committees as it sees fit and give to those committees such duties and powers as it sees fit. Section 2. Election. The Board of Directors shall consist of not less than Three (3) nor more than Five (5) Directors, and shall initially be elected by the incorporators and thereafter elected by the remaining Board of Directors. The Board of Directors shall be identified within the Articles of Incorporation and the Board of Directors, through its officers, shall amend the Articles as deemed necessary. Section 3. Qualifications. The Board of Directors shall be selected from the existing Membership of the Corporation, which list shall be maintained, and updated, by the Clerk/Secretary of the Corporation. A Director does not need to be a shareholder in the Corporation. The Board of Directors shall reside within the State of Massachusetts or do business in the State of Massachusetts. The Board of Directors shall include individuals engaged in the following businesses and/or be representative of the following areas: -Accommodations; -Restaurants; Page 4of8 q0l/ -Bars/Taverns; -Sale of Liquor; -Ownership of real estate used for such purposes; -Ownership of or holding a lien in a liquor license. Section 4. Terms of Office. Each Director shall be elected for a five year term and thereafter until his/her successor is elected and qualified. Section 5. Removal. The Board of Directors may by as majority vote, remove any Director at any time whenever in its judgment the best interests of the Corporation would be served thereby. Section 6. Resignations. Any Director may resign, in writing, with such resignation to take effect from the time of its acceptance by the Board of Directors unless some time be fixed in the resignation, which in such case the resignation shall take effect from the time so designated herein. Section 7. Vacancies. Any vacancies on the Board of Directors, however occasioned, may be filled by the Board of Directors for the unexpired term. ARTICLE VI Meetings Section 1. Annual Meeting • The regular annual meeting of the Board of Directors shall be held on or about the second Wednesday of February in each year at the Corporation's principal place of business or a place within the Town of Newburyport designated by the President and by at least two (2) other directors. Section 2. Operational Meetings Meetings of the Board of Directors may be held at stated intervals or called at any time by the President, and written notice of such meeting shall be given to the Directors by the Clerk by emailing such notice of such meeting to each Director at his last known email address no less than forty-eight (48) hours before the hour fixed for such meeting. Page 5 of 8 ~►b33 Meetings shall also be called in like manner upon the written request of two Directors. Notice of meetings of the Board of Directors shall include an agenda of the business expected to be discussed / transacted at such meeting. The President, and other Director shall be permitted to amend the agenda at such meeting upon vote of at least three Directors. Section 3. Quorum (a) Directors. A majority of the Directors then holding office shall constitute a quorum for the transaction of all business at any meeting of the Board. Vacancies in the Board of Directors, whether arising from resignation, death, or otherwise, may be filled by the remaining members of the Board, through less than a quorum, for the unexpired term or until filled by members in accordance with Article V, Section 7. Section 4. Votes. Each Director shall have one vote to be cast in person or by proxy. Section 5. Waiver of Notice. Any notice required by these By-Laws to be given either to a member or to a Director may be waived by the person entitled thereto or by his attorney, thereunder duly authorized, either before or after such notice was required to have been given provided such waiver is in writing and filed with the records of the meeting. The presence of a Director at any meeting of Directors shall constitute a waiver of notice of such meeting as effectually in all respects as if a written waiver were executed and filed. Section 6. Action in Lieu of Meetings. Any action required or permitted to be taken by the Board of Directors may be taken without a meeting and with the same force and effect as a unanimous vote of the Directors, if all Directors shall individually or collectively consent in writing to such action. ARTICLE VII Reports Section 1. Officers. All officers shall render reports to the Board of Directors at such time and in such details as the Board of Directors may require. Page 6 of 8 ,{b34 ARTICLE VIII Fiscal Year The fiscal year of the Corporation shall end on December 31S` ARTICLE IX Articles of Organization The provisions of the Articles of Organization are a part of these By-Laws. ARTICLE X Liability o Officers and Directors The Directors and Officers of the Corporation shall not be personally liable for any debt, liability of obligation of the Corporation. All persons, corporations or other entities extending credit to, contracting with, or having any claim against, the Corporation, may look only to the funds and property of the Corporation for the payment of any such contract or claim, or for the payment of any such contract or claim, or for the payment of any debt, damages, judgment or decree, or of any money that may otherwise become due or payable to them from the Corporation. ARTICLE XI Seal The corporate seal of the Corporation shall have inscribed thereon "Phider Corp. ARTICLE XII Amendments The Articles of Organization and these Bylaws may be altered, amended or repealed in whole or in part by vote of two-thirds of the Board of Directors then in office. Page 7 of 8 ~s ~b a~ Philip R. Wynn president Dermot J. Bolger, Vice President Dermot J. Bolger, Treasurer X Zeke J us, Clerk/Secretary Page 8 of 8 q.63 LOP tomuionWtaftb of Mao.5aOttoato William Francis Galvin Secretary of the Commonwealth One Ashburton Place, Boston, Massachusetts 02108-1512 FORM iifl! 1ST FEE TYPE Articles of Organization FORRPI FAUST BE TYPED (General Laws Chapter 156D, Section 2.02; 950 CMR 113.16) ARTICLE I The exact name of the corporation is: Phider Corp. ARTICLE II Unless the articles of organization otherwise provide, all corporations formed pursuant to G.L. Chapter 156D have the purpose of -engaging in any lawful business. Please specify if you want a more limited purpose: 1 To engage in the business of operating and investing and maintaining restaurant store operations and related activities needed for such business including the sale of alcohol. 2. To borrow money, issue notes, bonds, debentures and evidence of indebtness of all kinds whether secured by mortgages, pledges or otherwise, without limit as to amount, and to make and perform agreements and contracts of any kind; to do all and everything necessary alone or in, association with other corporations. 3. To carry on any business activity which may be lawfully carried on by a corporation under M.G.L. Chapter 156D whether or not related to those referred4o in the preceding paragraghs. ARTICLE III State the total number of shares and par value, * if any, of each class of stock that the corporation is authorized to issue. All corpo- rations must authorize stock. If only one class or series is authorized, it is not necessary to specify any particular designation: WITHOUT PAR VALUE WITH PAR VALUE TYPE NUMBER OF SHARES TYPE NUMBER OF SHARES PAR VALUE Common 1,000 9 01 3 G,r X i -i C "G.L. Chapter 150 eliminates the concept of par value, however a corporation may specify par valzze in Article X. See G.L. Chapter 156D,- Section 6.21, and the comments relative thereto. P.C. 04d<20295oe7A8i6 oviww r ARTICLE IV Prior to the issuance of shares of any class or series, the articles of organization must set forth the preferences, limitations and rela- tive rights of that class or series. The articles may also limit the type or specify the minimum amount of consideration for which shares of any'class or series may be issued. Please set forth the preferences, limitations and relative rights of each class or series and, if desired, the required'type and minimum amount of consideration to be received. The stock of the Corporation shall consist of a single class of common shares. All shares shall bear the same rights and privileges. ARTICLE V The restrictions, if any, imposed by the articles of organization upon the transfer of shares of any class or series of stock: are: See Attachment Sheet. ARTICLE VI Other lawful provisions, and if there are no such provisions, this article may he left blank- The stock of the Corporation shall be issued pursuant to the provisions of Section 1244 of the 1954 Internal Revenue Code. See Attachment Sheet. Mote. The pr eceding six (6) articles are considered to be permanent and may be changed only by filing appropriate articles of amendment. ~63 ARTICLE VII the effective date of organization of the corporation is the date and time the articles were received for filing if the articles are not rejected within the time prescribed bylaw. If a later effective date is-desired, specify such date, which may not be later than the 90th day after the articles are received for filing: N/A ARTICLE VIII The information contained in this article is not a permanent part of the articles of organization. a. The street address of the initial registered office of the corporation in the commonwealth: .84 State Street, Newburyport, MA 01950 b. the name of its initial registered agent at its registered office: Philip R. Wynne c. Zhe names and street addresses of the individuals who will serve as the initial directors, president, treasurer and secretary of the corporation (an address need not be specified if the business address of the officer or director is the same as the principal office location): President: Philip R. Wynne, 36 Adair Road, Brighton, MA 02135 Treasurer: Dermot J. Bolger, 55 Sparhawk Street, Amesbury, MA 01913, Secretary: Zeke Janus, 7 Seaport Drive, #507, Quincy, MA 02171 Director(s): Philip R. Wynne, 36 Adair Road, Brighton, MA 02135 Dermot J. Bolger, 55 Sparhawk Street, Amesbury, MA 01913 Zeke Janus, 7 Seaport Drive, #507, Quincy, MA 02171 d. The fiscal year end of the corporation: December 31 e. A brief description of the type of business in which the corporation intends to engage: Operate restaurant and bar including the service of alcoholic beverages.- f. The street address of the principal office of the corporation: 530 Main Street, Reading, MA 01867 g. The street address where the records of the corporation required to be kept in -the commonwealth are located is: 84 State Street, NPw.bljryport MA 019510 which is (number, street, city or town, state, zip code) ❑ its principal office; ❑ an office of its transfer agent; ❑ an office of its secretary/assistant secretary; El its registered office. Signed this 22nd day of Jaoyary,, oe 2010. by the incorporator(s): Signature: ~ 1 ' - Dame: Micheal W Rrnriarink jr F.-;q Address: Rrndprink P. I Pwis, 67 Gptldingtnn Street Shire 204 Qiiinry MA 02169 qb3V1 - . . ' _ _ - - Secretary of the Corrimonwealth . One Ashburton Place, Boston, Massachusetts 02108-1512 Attachment Sheet Articles of Organization-CohgOuation. Sheet Article V Any stockholder, including. the heirs, administrators, executors or assigns of a deceased'stockholder, desiring to sell or transfer such stock owned by him or their, shall first offer it to the cotporation through ibe Board of Directors in the following manner: 1. He. shall notify the Directors of his desire to. sell or transfer by notice in writi . ,.sucfi notice shall contain the price at which he is willing to sell or transfer and the name of one arbitrator: -,The Directors shall, within 30 days thereafter, either accept the offer, or by notice io him in writing, name a second arbitrator, acid these two ahall name a third. 11 shall: then be the duty of . rite arliit ate s. o ascertOh- the vaitie of the stock; and if auk afbiizatoz sha. II neglect ;or refuse to appeat at a meeting. appoinfed by'the 'arbitrators, a maagrity znay ad Iii the absence of suQli arbitrator: 2. After the acceptance of the offer, or the report of the arbitrators as to the value of the stock, the said Directors shall have 30 days within which to purchase the same at such valuation; but if at the exliiration of M days, the coiporat on shall not Kaye exercised the right td so purchase, the.owner of the stock `shall be at liberty to dispose of the same in any manner he may see f t. 3. No "share's of stock shalt be sold or transferred on fihe :books 'of the corporation Ui Itil these provisions `have been compiled *rth, but the Board of Directors may, id particularinstatace, waive the requirement. Ommawtaftb jot Williarn Francis Galvin Secretary of the Commonwealth . One Ashburton Place, Bostan, Massachusetts 02108-1512 Attach we t Sheet Articles of Organization-Continuation Sheet Article VI The Board of Directors of the corporation may make, amend, or repeal the by-haws of the corporation, in whole or in part, except with respect to any provision thereof which; by law, the Articles of Organization, or the by Iaws, require action exclusively by the stockholders entitled to vote thereon but any by-law adopted by the Board of Directors may be auaended or repealed by the stockholders. All meetiiigs.vf the stockholders of the corporation may be field within the Commonwealth of Massachusetts or elsewhere within the United States. The glace of such meetings shall. be fixed in, or determined in the manner provided in, the by-laivs. Each director or officer, present or former, ofthe corporation or of any other corporation a nmajorityy of the stock of which is owned by the corporation shall be' indenifi fled by the! corporation against all casts and expenses reasonably incurred by or imposed upou.him in connection with or arising biit of any action; suit, or proceeding in which. lie May be . involved by reason ofhis- being or having been such director or officer, such expenses to incidde the cost of reasonable settlements (other than amour is paid to the corporation itself) made with a view to.curtailing costs of litigation. The corporation shall nof,. however, indemnify ay such director or officer with respect to matters as to which he shalt be finally adjudged in any such action, suit; or proceeding not t6 have acted in good faith in the reasonable belief that his action was in the best intoests-of ft. corporation, or ixrrespect ctfany matter on which atiTsetxlenietit•or compromise is a pl tedJf t_lie•tt~W . eitpense- including the cast ofsuch settleiiient; shall substantially exceed. the expense which. might reasonably be incurred by such director or officer in condiicf ing such litigation to a fir conclusion. The foregoing right of ndemnificatioa shall not be , exclusive of other rights to which any such director or offices may be entitled as a matter of]aw. In deteiiiizsg the reasonableness of any settle;nent„ the judgpment offi e Board ofDirectors sl>all,. final: No contract or other transaction between this. corporation and any. other firm or corporation shall be affected or invalidated by reason of the fact that any one or more of the directors or officers of this eorpgratioii is or are interested in, or is a member or stockholder, director, or officer; or are members, stockholders3 directors or officers of such other firm or corporation; and any director or officer or officers, jndzvidualiy or. jointly; may be a. party or parties to, or may be interested in, any contract or Umsaction of this corporation or in which this corporation is interested, and o contracts act or transaction of thli corporation with any person or persons, fl±rk association or corporation, shall be affected or invalidated by reason of the fact that any director,of directors or officer or of ficers of this corporation is a party or are parties to, or interested in, such contract art or transaction; or in any way connected with such persoII or peFSOns; fari 6sso6iai iog or corporation,. and each and evety person wTio rosy iiec Fe a ciirectoi or Acer of i6 carpcsratian is hefehy_relieved from any Iialii lity fat hi, otherwise. exist f`rdit thins coz}fir ptwg.. with this corporation _for the benefit ofh iriselfirr any association oz ciiipcsratior~ which he maybe anywise interested. The :coipsirativri may be =a partne 1ni gny business enterprise which it would have the power to conduct by ifsel£ l ~bL4 - ~ r COMMONWEALTH OF MASSACHUSETTS William Francis Galvin Secretary of the Commonwealth One Ashburton Place, Boston, Massachusetts 02108-1512 Articles of Organization. (General Laws Chapter 156D, Section 2.02; 950 CMR 113.16) 1 hereby certify that upon examination of these articles of organization, duly submitted to me, it appears that the provisions ofthe General Laws relative to the organization ofcorpo- rations have been complied with, and I hereby approve said articles; and the filing fee in the amount of$ havingbeenpaid,saidarticlesaredeemedtohavebeenfiledwith.methis day of 20 , at a.m./p.m. time Effective date: (must be within 90 days of date submitted) WILLIAM FRANCIS GALVIN Secretary of the Commonwealth Examiner Filing.fee: $275 for up to 275,000 shares plus $100 for each additional 100,000 shares or any fraction thereof. Name approval TO BE FILLED IN BY CORPORATION C Contact Information: M Michael W. Broderick, Jr., Esq. Broderick & Lewis 67 Coddington Street, Suite 204, Quincy, MA 02169 Telephone: (617) 328-1167 Email: michael@broderickleWis.com Upon filing, a copy of this filing will be available at www.sec.state.rna.us/cor. If the document is rejected, a copy of the rejection sheet and rejected document will be available in the rejected queue. +~bN2 PURCHASE: AND SALE AGREEMENT AGREEMENT by and between Emperorys Choice Restaurant, Inc., 3 5 Hall Road; Stoneharn, MA 02180 (hereinafter referred to as Seller)and Phider Corp., 84 State Street; Newburyport, MA 01950 (hereinafter referred to as `Buyer"). WITNESSET.H Va EREAAS, Seller operates a restaurant business:known. as "Emperor's. Choice" (the "Restaurant") in the building at.530' Main Street; Reading (Boston), MA (the . "Building!') in, , space (the ccPremisesl',) leased from Stavros: Natsis ("Eandlord pursuant to• a. Lease dated 111aIlif , between Seller as "Lessor"; and Landlord as `FLessee"; and WHEREAS; the Restaurant has the benefit, of an all alcoholic beverage license for use at the.Restaurant (the. "Liquor License"); and VWHEREAS; Seller desires to sell 'and, transfer to Buyer; and Buyer desires to acquire from Seller, the Lignor.License, the Seller's interest as tenant under the Lease, and the Restaurant: Assets hereafter defined; all on the.°terms, and conditions herein set forth; NOW, THEREFORE, in consideration of the mutual agreements of the parties hereto and for other good and valuable consideration, the receipt. and sufficiency of which the undersigned acknowledge, the parties hereto agree as follows: 1.: Sale of Assets and. Business. Seller agrees to sell to Buyer; and Buyer agrees ito purchase from Seller, all, of Seller's right, title: and interest: in and to the following (collectively, the "Business"): (a) the Lease (subject-to Paragraph 15(l)(i)), (b) the Liquor License and (c) the following (herein called "Restaurant Assets"): (i) all unopene d wine; beer, alcoholic and nonalcoholic beverages,. and all paper goods, supplies; paper products and food-stuffs (collectively, the "inventory"), (ii). all tangible personal property, including all fiirniture; fixtures, equipment, glassware; china; cainputers and software, signage. and leasehold improvements located at the Premises and used in donriiection with Seller's operation of the Restaurant, (ii) any liceises other than the Liquor License that are held by Seller and :n F required to operate the Restaurant;at the Premises: as currently operated, to the extent they do not expijre before the Closing and ;are transferable by the Seller; (iii) all goodwill associated with the business and (iv) all customer lists, supplier lists and price lists. ' q613 Prior to the Closing Date (as defined herein), Seller agrees to allow the Buyer, :or its represents Ives to inspect. the: Assets. 2: Purchase Price. Biayer.sliall pay to the Seller as the purchase price;, the sum of One Hundred Severity Five Tliouswd.Dolrars ($175;000 00), 3. Paywout of Purchase' Price. Bbyer agrees to pay;the purchase price as. follows: a. The sum of $5,000.00 was paid as a good faith deposit to bind the Offer to Purchase; said deposit: is being held in escrow by Seller's broker, Corbett Restaurant Group, in accordance with the provisions of this Agreement and which shall be duly accounted for at the time of closing. b The sum of $12,'500.00paid as a deposit with this A.greemesat to be held `in escrow by 'Seller's broker, Corbett Restaurant Group; in accordance with the provisions of this ,A.greement and which shall be duly accounted for at the tune of,losing. C. The sum of $1'57,500.00 paid at closing in the fours. of a certified check, bank treasurer's check or cashier's check. 4. Seller.N :Ol likatians. (a) The Seller covenants with the Buyer that the Bill of`Sal'e and documents of assignment,. Jf any, toy be def ivered at the closing will transfer to the Buyer all of the assets. specified` Mn Exhibit W attached hereto; free from all encumbrances. (W Seller agrees that from the date hereof until the closing. Se11'er: shall not enter into any contract or incur any commitment for the business extending beyond the closing date without Buyer's consent. (c) Seller shall at the tune ,of; the. Closing hereunder assign, to Buyer,: without recourse, any warranties; service contracts or agreements: which are in force and: effect, if any there be, as to any, appliance., fixture or other equipment. or property to be sold as herein contemplated; -2- N 0 ~ 4 5. Representafions mid, W.'hrraltties~,qf Seller In addition to the other representations and warrantiies set forth herein. the. Seller 'hereby represents and' warrat]ts to tine Buyer `that:: (a) Seller presently has all Licenses. which are. necessary to'the operation ..of the business, all of which are valid and effective on the date hereof. Seller has no knowledge of any grounds for denial. of.an application for license to operate business. (b) The execution. and delivery of this Agreement :and of'any other agreement or insirument..referred to in this Agreement between the .parties hereto; the consun-nnation of the transactions provided for herein: and therein, and the fulfillment of the terms. hereof and thereof will not result in, a: breach of any of the terms and provisions of;. or; constitute a default under e 6onflict with, any agreement, indenture or other instrtiinent:°to which Seller pis a party or ly which it is bound, or any judgment, decree, order or award, of any court; governmental body of arbitrator, or any law; rule or regulation applicable to Seller. {e) Seller is the lawful owner of the Assets and has good right to sell .same as aforesaid; and the Assets :are .free and clear, of all liabilities, obligations, liens and, encumbrances. Seller further represents. that the Assets are. in good working order and repair; an 1, are fit fbr the~purpose set forth in this Agreement, (d) 'There is no litigation: or proceedu%g, pending or threatened °against:or relating to Seller or his properties or Assets, nor does Seller know; or have reasonable grounds to know or any meritorious grounds for the successful maintenance of any such action, or of any governmental investigation relating to the Seller; the Assets, the business; or the ability of Seller or Buyer to ,operate the Business, (e) Seller has properly filed all fed'e'ral, state, local and fo reign tax returns, reports and declarations that arerecjuired to ha'Ve been filed by it and has paid all. taxes that have become due pursuant, thereto; and has paid all other taxes, assessments and otller;governmental charges mposed:by law upon it, or. any of its properties, assets; income, receipts, payrolls, transaction, capital, or.net worth, which have become due, and no taxes due as of the date hereof, have not been paid.. Seller has not received any notice of deficiency or assessment of additional taxes and Seller is not a party.to any action or proceeding by any governmental authority for assessment or collection of taxes. Seller has not granted any waiver of any :statue of limitation with respect. to, Of extension of a period for the assessment of any federal, state or local or foreign tax. (fj Seller warrants and represents that during Seller's conduct of the -3 buginess Seller has complied with ,a11 applicable envrroninental. laws and hag. received no notice from any regulatory agency of any violation of such 'laws. 6: GOMM. (a) The ,cl;osing sl all.take place within 5 business days ofsecur ng all. licenses 412:00 ,PM at.: 5301VSain :St Reading: Afthe time of said. closing;. all instruments of transfer of the said business° and the, property thereof shall be effective and Buyer shall. have possession oflhe subject enterprise: (b) Buyer and Seller farther agree to eXecute and deliver or cause. to be executed and delivered to each other such further instruments, documents; conveyances and things and take such other action as may be reasonably required, or appropriate to more effectively carry out the terms; provisions and purposes of this Agreement: 7. S.ellefs Closing°:Obligations. At the Closing, Seller shall deliver the following original. documents to. Bnyer, duly executed and acl~nowledged on.behalf of`Seller wler..e appropriate. (a) Bill of Sale for the Inventory and other Restaurant Assets in .foam as attached hereto as Exhibit B; (b) Certificate: from the Massachusetts' Secretary of State;ce~g`to' the corporate legal ex%s'tenee and good standing of'Seller; {c) Clerk's Certificate or other :eviddnce of the authority of the Seller to enter this Agreement and to perform its obligations hereunder; (d) a so-called good standing certificate for Seller issued by the Massachusetts Department of Revenue; (e) Assignment and Assumption of Lease, if applicable; amid' M Assignment and, Assumption of atiy Service Contracts and Equipment Leases' in form. as attached hereto as Exhibit-,.C. 8. Buyer's. Closing O:bhotions. At. the Closing, Buyer shall pay Seller the Purchase Price, and deliver the following. original documents to Seller, duly executed and acknowledged on behalf of ~4- o46 Buyer where appropriate. a A Certificate from, the3 Massachusetts' Secretary of State certifyingv. good standing of Buyer the legal existence and (b) A. Board of Director's vote or other evidence of the authority of the Buyer, and :its off cer$.. to enter this Agreement and the other: documents to be delivered. at Closing and. to perform its obligations thereunder; (c) Assignment and Assumption of Lease; if applicable; and (d} Assignrim:ent and Assumption :of any Service Contracts. and Equipment Leases in form as, attached hereto as Exhibit C.: 9. Conditions to IJbligations of :Buyer. The obligations of Buyer under this Agreement and under any other agreement executed. arid. delivered by Buyer in connection herewith are.:sulject. to the satisfaction of the following conditions,, any of which maybe waived by Buyer, to be fulfilled and/or performed. on or pnax to- the Closing.: (a) Accuracy ofRepresei Cation and Warranties. At the time of Elie Closing, the representations and warranties of '*Seller contained in this Agreement or in any other agreement executed. and delivered `in connection herewith shall. be true and correct in all respects as 'though restated and made again at the time of the Closing, (b) PerNinance of'foveiiarits_ Seller shall have complied with all ofits, covenants contained in this Agreement and in any other, agreement executed and. delivered ui connectiona herevt ith includrrig, 'Without implied lii~nrtatigo, delivery, of the Assets .at Closing free and clear of any Liens. (c): No Material Chance. Seller shall not, have suMred any damage, destruction, termination or loss with respect to the Assets, whether or not covered by insurance, materially and adversely affecting the Assets of the business and the business. shall have been operated in its present condition. In the event the premises to be occupied hereunder are substantially destroyed by fire or other .casualty; then at the Buyer's sole option, this Agreement shall terminate, andall deposits :made: by the Buyer hereunder: shalt be forthwith returned to the Buyer. ceeding at law or in equity shall (cl) Legal Proceedings. No action or. pro have been commenced with respect to (i) the transactions herein contemplated, (ii) the -5 Assets, or (iii) the right, of Buyer, to conduct its operations and carry on the business of the business as contemplated herein subsequent to the Closing., 1Q >Su~`~yiyal ofR.e~reseit~tons aria Warrnuties.arid .Coveuaiits. 'Clai its based upon representations, warranties aril covenants contained in this: Agreement or in my Wier agreement executed aud. delivered in connection lieretwth shall. survive the execution and delivery of this Agreement, the Closing; and any investigations at any time made by or on behalf of Buyer. 11. Liabilities of :Seller Except .as ,may otherwise be eXpress`ly provided. herein,: all conirriients, abilities and obligations of .Seller of every kind or nature whatever; whether, known or unknown, liquidated or unliquidated; fixed or contingent, which ,in any way related to the Assets or the conduct of thei subject business before the Closing, shall remain the commitments, liabilities arid. obligations of Seller and Bayer shall have. no comolit~sient: or obligation nor assume any liability or responsibility withTespect thereto nor shall. Buyer, have any liability as successor~to. the business by operation, of law or as a resi It of'Seller's operation of the business, 'prior. to Closing 12,. lCndemAif ca CIO n. Seller shall indemnify and hold harmless Buyers and Buyer's: employees as well as its successors and assigns from and ,against any. and all claims, losses, liabilities, damages, costs and expenses arising out of or relating to any liability or claim arising from:, (1) Seller's use ~or ownership of the Assets or operation of the business prior to the Closing. Date; or (2)any misrepresentation, breach of'ai y warranty or non-fulfillment of any obligation or covenant made by Seller p this Agreement or ,in any other agreement: executed and:delivered by Seller iii connection herewith; This paragraph-shall. survive the Closing and; anytermitiation of this Agreern , 13.. Termination. This Agreement may be terminated upon written notice from the party set forth below at any time prior to Closing upon the occurrence of any of the following; '(a) By the Buyer if Seller shall have suffered: a material loss or damage, to, any ;of the Assets to he purchased pursuant to this Agreement; (b) By the party to whom any materially false or misleading representation or warranty was made as of the date given or as of the Closing Date, and if these false or rn.isleading representations or warranties shall,not have been waived by the party giving notice of ter i in4t on; (cj By the nonbreach ng. party, if the teitns;, covenants,. or conditions of this agreement, to be complied with or performed and this noncompliance or nonperformance shall .not have been waived 'by the party giving notice or ermina ion; or (d) By the Buyer if the Landlord is unwilling to sign a new lease or allow the assumption of the current lease. (e $y the Buyer 7n ttie event thk said Buyers unable to obtain the licenses necessary to conduct the b~xsiness;iri stilstantially the: same manner that it is now operating. l4. Bwok's D.Uh tHYDari aces: If the Buyer 'shallfail to: fulfill the: Buyer's obligations herein, all' deposits made hereunder by the Buyer along with accrued interest, if any,. shall be retained by the Seller as liquidated. damages grid this shall be Seller's sole and exclusive :remedy` at la'w' or in equity. 15 Miscellaneous: (a L.e ag l Expenses. Seller and Buyer shall each Bear their respective legal; accounting :and other expenses. incurred in conmection with this Agreement, and: the transactions: contemplated herein; provided; however,, that .the: foregoing clause shall. not be construed as limiting any other rights which any party may have .as a result of a :breach of any provision hereof by any° other party. (b) Massachusetts Law, This Agreement's and shall be deemed to be made and performed lathe Commonwealth of Massachusetts. This Agreement and any controversies arising between, tfiel parties to this, Agreement shall be governed and construed by and in accordance with the laws of the Commonwealth of Massachusetts'. (c) Bnti e.Agreeme it. This Agreement and the Exhibitsz hereto embody the entire agreement and understanding of the parties hereto with respect to the subject matter hereof; and supersede all prior and contemporaneous agreements and understanding relative to said 'subject matter: -7- J"tt" 1 (d): C.ounterp This Agreement may :be executed simultaneously i# multiple counterparts; each of which shall be deemed, an original; but all'of which taken together shall constitute one and the same instrument. (e) Enforceability.. This Agreement shall be binding. upon the successors; assigns,, executors , administrators, estates, heirs and legal representatives of the parties! hereto. (f) No Waiver. No waiver of any breach or condition of this Agreement shall be deemed.to be z waiver of.any other .or subsequent breach or. condition, whether of like or different nature. (g) Notices, All notices under this Agreement shall be given to the parties .named herein. at the addresses set forth above. : (h) Notwitl standing :prior, provisions to the. contrary; the parties agree that this transaction is reliant upon the: occurrence of the:followjn conditions: This : Agreement is subject to the Buyer entering; into. a new lease with -the Landlord, under'leims: aril col ditians satisfactory to Elie Buyer, for `tl e premises at 530 Main Street; Reading, MA 01$6'7. Ia the alternative, the Buyer may elect to assume the. current lease subject to the permission of the Landlord: 0 This Agreement Is sub; 0 to the Buyer obtaining :all; necessary licenses and perm its which are required by the Town of Reading and. the Massachusetts Alcoholic Beverages Control Commission ("ABCC") to conduct the operation of:a restaurant business,. includin ; but not limited to a common victualer''s license .and an:all alcoholic beverages lioense Buyer shall submit all applicable'l cease applications forthwith and will act diligently in. obtaining and supplying any additional: information required by the licensing authorities of the Town of Reading and A.BCC. (iii) Seller.shall be responsible to pay for any brokerage, commissions to Corbett Restaurant Group in reference to this transaction. 'In the event.that;any such condition of this Agreement cannot be accomplished, then and mi that- event, this Agreement shall be hull and. void and all deposits. hereunder shall be refunded. forthwith without recourse by either party heretol.. -8= NbS IN ITNESS WHEREOF, :S.eller and. Buyer have caused :this Purchase and Sale Agreement M be signed this - day of fanuaty, 20:10:. SELLER: Emperor's Choice Restaurant, Inc. By Nance: N16ad `]Yong Title: 'President BUYER: PIder Cop. r Name 6illipAR. W Title:, President Exhibit A Emperor's Choice .Resta:urant Equipment Lisir Behind the Bar. I in dini`na room area anfiit Descn M 1 2 .door beer: cooler_ . Ha.no sink .3 baY sink 1 Ice holder/botti.e rack 1 Soda , un rack Coca Cola's property) 1 Ice machi e Z door cooler o.,n wheels 7' Beve Air, cooler 2 _ TurboA...ir cooler (one is not. workingwe. use ii.as -stora e Dishwasher . tease not. own: IChen. area: / Upstairs :Storage Room 2. T geezers: 1 Stainless steel shel in...set . ba...s(nk 6'.. X.:.'. wal k. an:.cooler 6.` True standin cooler.. 3 F; : olate:rs. . 1 S' oven Ch. a. . l: 4 burner stove 1 2 door cooler i5a sou Jwarstation. 1. Sand Ieh OAR wit-b coole.;r combo 2. S, ainJess steel re arat on tables Dishwasher and; station Leasg not own):, 1 .Univex,mixer . . Microwave " 1 6' x T walk in cooler in u staars'stora e room, : 1..,... i?' x_:T' w.al.k in freezer : in upstairs stora e :room v TTxe Secretaa~ of State of the United States of iriLi7ca " s~ he;•eby requests all u•honz it may concerti' to permit the citizenlizational ' of the United States ;zanzed herein to pass without delay or hindzatzce u»d in case of need to give a11.1au ful aid a;zd protection . x. Le Seci*an•e d'Etat des,Etats-U;zis d'A'nzdrigue' a pai- les p;- sezztes torztes zuatorites conzpetezztes de laisser passer- le cztayerz t ressartissaw des Etats-Unis titulaire du prdsetzt passepo;•t, saz:s delnz vi': *c ilifficulte et, etz cas de besoitz, de lui accorder• toute aide et protection legztzzikes. „cr R, 'sue' r J Sec; etzzr/o de Estado de los Estados Utz idos de Antdrica poi- el preseute sRdta a Cas' rfrirtoridades--conzpetentes pernzitir el paso del ciudadarzo o zzacional de los Esfodos L777zdrr3, aqui nonzbrado, sin de;zzo;-a tzi difirultades, y en caso de zzecesidad, pi-estarle toda la Y ayuda y proiecciou licitas. 17 .SIGN ATUU- BEARER llLJ TITULAIRE/FIR'VIA I EL TITULAR ` NOT VALID UNTIL SIGNED ,7, RT t W C l4 b t~f 1 i C~ ~E j t t~ S? n ~r h ms's' 'OR , `*k w P S PbRTE ' 'Type/Typer,7;~' Code /CodeF"C6d•ge Pasipk`. o fNosduPas~epgc~/No de Pasapp4t;~ r; USA i 4 ySoma m ( Nom /Apellidos r n•. ~i.:, V{INNE = Gmen'names 1 Prenoms TNembres x<" PHILLIP ROSS Nabonaflty / Nationaiftt / Nacionalidad UNITED STATES OF AMERICA '0 Date of bi[xh j Date de naissance / fecha de nacimfbpta c Sex/ Saxe / Sezo Place n, birth ,t Lieu de naissance / 'Lugar de na imie11t M IRELAND . qx Dat of issue /Data de delivrance; Fe ha de expedicwn Authority/ Atoonte f tutoridad . 01 .!€[12005 United StA D1te 4''.azpirat on Ds e J e.pii on Facha de caducsdad pepal [CTIe[It 0f Stii te 30 Jun 20'15 Amendments'Modifications/ Enmiendas r !•r4 . See Page24 LEGAL NOTICE ' ~~~N ~PRpgo~L ~O fs39'INrn 101 P~ 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 a public hearing on Tuesday, May 11, 2010 at 8:30 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, •Massachusetts on Outdoor Dining - Policy Amendment A copy of the proposed doc- ument regarding this topic is available in the Town Manager's Office, 16 Lowell Street, Reading, MA from 8:30 a.m. 5:00 p.m., M-F and is attached to the hearing notice on the website 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 May 11, 2010 to townmanag- er@ci.reading.ma.us. By order of Peter I. Hechenbleikner Town Manager 5/3 N G~ Draft Amendments 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 may be 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 Form. 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. 6. Prior to the issuance of a license for outdoor dining on public sidewalks, the-Board may require a review by the Community Services Director, Health Services Administrator, Police Chief, Fire Chief, Town Engineer, and the Building/Zoning Inspector and proof that all necessary approvals, permits, and other licenses needed to operate have been issued. Sale and Service of Alcoholic Beverages Rr-eh ited It is the policy pr-epeAy. Nor- may a patron bring his/her- ov~% aleehol to be e0fi§Uffied o.. lieensed for- permit an it alteration er- extension of premises where aleeholie beverages are served. The serving or eensumptien far-bidden. 7. Pursuant to section 5.5.6 of the General Bylaws of the Town of Reading, the Board of Selectmen may permit service and consumption of alcohol while on a public way. Therefore, the Board of Selectmen may approve the modification of a plan of the "licensed premises" pursuant to Section 3.2 of the Board of Selectmen policies, for: Restaurant Licenses to Expose, Keep for Sale, and to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises; and ® Restaurant Licenses to Expose, Keep for Sale, and to Sell Wine and Malt Beverages to be Drunk on the Premises (less than 100 seats) to allow alcohol service and consumption on a sidewalk area as part of a "Licenses for Utilizing Public Sidewalks for Outdoor Dining." 8. Applicants who hold an alcoholic beverages license and who elect to apply for an Outdoor Dining License which would include sale and service of alcoholic beverages f e, r" foo +r, sen,ing aleehelie beverages shall -provide a detailed alcohol control plan/strategy as part of their Outdoor Dining License application packet. The alcohol control plan shall include what steps the manager shall take to ensure that alcohol remains only on the licensed premises (including the sidewalk area). and not ' +he sidewalk area-. Such a plan/strategy may include signage, staff instructions, monitoring of the outdoor dining area, etc. The applicant shall also submit as part of the application packet the TIPS -er alcohol server training certificates for all managers and,servers of the restaurant which is licensed to sell alcoholic beverages. 9. There shall be no service of alcohol in an outdoor dining area unless the customer also . orders and is served food from the menu. Standards for Operation 10. The area licensed for outdoor dining shall be limited to the sidewalk area immediately abutting an establishment otherwise licensed as a "Common Victualer", and the licensee shall limit the placement of seating and other outdoor furnishings to the sidewalk immediately in front of the licensed establishment. 11. There shall be no bar or service bar located on the public sidewalk. All alcohol service shall be limited to customers who are seated at a table. 12. Due to the seasonal and temporary nature of an outdoor dining area, the seating within an outdoor dining area will not be considered an increase in the number of seats serving a restaurant or eating establishment and will not be counted toward any off-street parking requirement 13. Outdoor dining areas shall be considered as part of the restaurant and shall comply with Board of Health Regulations. In addition to any other requirements, smoking is prohibited in seasonal outdoor dining areas per Board of Health regulations. 14. The Board of Selectmen may require outdoor dining areas to be separated from their surroundings by a temporary removable perimeter barrier. No such barriers may damage the public sidewalk. 15. Perimeter treatments, umbrellas, furniture and trash receptacles shall be supplied by the applicant and shall be maintained in a safe and sanitary manner by the applicant. All perimeter treatments, umbrellas, furniture and trash receptacles must be removed at the end of each season. q 16. The licensee shall provide, maintain, and empty as needed, outdoor trash receptacles during the times that the licensed premises are open for business. All trash receptacles shall be covered and trash removed nightly. 17. The licensee shall be responsible for keeping the portion of the sidewalk subject to an Outdoor Dining License clean and free of dirt, dust, and other debris from April 15 through October 31 of each year. In addition, the Outdoor Dining Licensee shall be responsible for preventing and/or cleaning up litter from the licensed establishment in areas abutting the licensed premises. 18. In no event shall the placement of outdoor dining furniture, umbrellas, or perimeter barriers create a pedestrian or wheelchair passage along the public sidewalk of less than four feet in width. Restaurants shall have an accessible path of travel at least 36 inches wide from the traveled portion of the public sidewalk to the doorway(s) of the establishment through the outdoor dining area at least 36 ihehes wide. 19. Outdoor food preparation shall not be allowed unless approved by the Board of Health in accordance with their procedures and regulations. 20. The Outdoor Dining License shall be considered annually and every license shall expire on December 31 of each year, subject to renewal. No facilities or furniture shall be placed on the sidewalk as part of the license except for the period between April 15 and. October 31 of each year. 21. Within the period from April 15 to October 31, upon notification from the Department of Public Works or from Public Safety personnel that weather conditions or work to be performed on the property of the Town requires removal of the outdoor dining furniture, the applicant shall immediately remove all of its property associated with the Outdoor Dining License from the public property. Administrative Requirements 22. If the license is approved by the Board of Selectmen the owner and operator of the restaurant shall sign a License Agreement and shall provide a required Certificate of Insurance before issuance of the License and before commencement of any activities under the License. 23. The Licensee shall provide evidence of insurance as required by the Town Manager and by State Statute. Such insurance shall cover the use of all equipment related to the premises related to the Outdoor Dining License. The Comprehensive General Liability Policy shall insure against all claims and demands for bodily injury and property damage with respect to the sidewalk dining facilities and services, and the Town shall be named as an "additional insured" in all policies of such insurance. If alcohol sale and service is to be part of the outdoor dining license, a liquor liability insurance policy shall also be required. The Licensee (and their heirs, successors and assigns in interest) shall hold harmless, defend and indemnify the Town of Reading and its employees and agents from any responsibility, liability and claims arising out of or related to the operations under the Outdoor Dining License. 24. The Licensee shall comply with all applicable laws (including the sign portions of the Zoning by-laws), rules, regulations, and conditions of other licenses and permits. 25. The license fee for the use of the public sidewalk shall be $100 per year and shall be payable upon initial application for an Outdoor Dining License, and for annual renewal of the license. In granting a License, the Board of Selectmen may impose such additional conditions as it determines to be appropriate. Adopted 7-14-09 amended /1 ' (A 61 Page I of 1 Hechenbleikner, Peter From: rnrchambercom@aol.com Sent: Monday, March 08, 2010 9:24 AM To: Hechenbleikner, Peter Subject: Re: outdoor dining license - with alcohol DRAFT 3-8-10 Hi Pete: I will get out to the membership today. Thank you. Irene Irene Collins Executive Director RNR Chamber of Commerce 978-664-5o6o w~v~y re.ld~ngizre~tcli~lchamber_org ) rsllip I'Cnt -,!al tin-le i5 Nt:}'le:lse renew your mernbership with the Cha.niber. "I hank you! ----Original Message----- From: Hechenbleikner, Peter <phechenbleikner@ci.reading. ma.us> To: rnrchambercom@aol.com Cc: Schena, Paula <pschena@ci.reading. ma.us> Sent: Mon, Mar 8, 2010 9:24 am Subject: outdoor dining license - with alcohol DRAFT 3-8-10 Irene This the the draft of the revisions to the Outdoor Dining regulations, allowing alcohol service. Please distribute this to your membership. I would be interested in any comments/suggestions ASAP. I have scheduled a Public Hearing on the adoption of the revised regulations for April 13 at 9 PM Thanks for your help Pete ~ cz~ - 4/8/2010 Page 1 of 1 Hechenbleikner, Peter From: erin@thechocolatetruffle.com Sent: Tuesday, March 09, 2010 8:33 AM To: Hechenbleikner, Peter Subject: outdoor license Attachments: Erin K. Calvo-Bacci.vcf Hi Peter, here's one persons response: "I am glad they are open to this. I think I saw it in there but if not, would like to ensure that outdoor dining be smoke free." For the love of... Chocolate Truffles! Follow us on Twitter! Follow us on Facebeook! Sincerely, Erin K. Calvo-Bacci Corporate Sales/Buyer erin@thechoc..olatetruffle,,com, www..thechocolatetruffle.,com_ Store 781-944-7155 Mobile 617-797-3546 ~G 4/8/2010 Page 1 of 1 Schena, Paula From: Hechenbleikner, Peter Sent: Friday, March 12, 2010 9:29 AM To: Schena, Paula Subject: FW: Outdoor Dining For Board of Selectmen 4-13 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.gov email town managera)ci.reading.ma.us Please let us know how we are doing - fill out our brief customer service survey at http://readingma- survey virtualtownhal1.net/survev/sid/603ffd2e45471753/ From: Leslie Leahy [mailto:Ileahy@hitchingpostgifts.com] Sent: Friday, March 12, 2010 7:52 AM To: Hechenbleikner, Peter Subject: Outdoor Dining Hi Pete- I am in favor of outdoor dining in Reading, as long as it is done in a tasteful way. For example, I can see outdoor dining in the area between the M. F. Charles Building & Family Dental or next to The Butcher Shoppe on Haven, but I would hate to see a few tables thrown on the sidewalk in front of Town Pizza. I do have a few concerns: 1) 1 don't think the sidewalks in the downtown area are wide enough to accommodate dining tables, a buffer from pedestrians & room to walk. 2) trash in the downtown area. I am afraid that outdoor dining would increase the trash problem - as it is now, not all the downtown businesses maintain the areas in front of their stores, and the parking lot behind CVS is more often than not a disgrace. Thanks for asking for input from the business community on this issue- Leslie Leahy The Hitching Post 190 Haven Street Reading, MA 01867 781-944-9224 www. hitchingpostgifts. com 3/12/2010 Page 1 of 1 Schena, Paula From: Hechenbleikner, Peter Serit: Monday, March 08, 2010 9:25 AM To: rnrchambercom@aol.com Cc: Schena, Paula Subject: outdoor dining license - with alcohol DRAFT 3-8-10 Attachments: outdoor dining license - with alcohol DRAFT 3-8-10.doc Irene This the the draft of the revisions to the Outdoor Dining regulations, allowing alcohol service. Please distribute this to your membership. I would be interested in any comments/suggestions ASAP. I have scheduled a Public Hearing on the adoption of the revised regulations for April 13 at 9 PM Thanks for your help Pete 40' 4/8/2010 Page l of 2 Schena, Paula From: Hechenbleikner, Peter Sent: Friday, April 09, 2010 12:44 PM To: Schena, Paula Subject: FW: Venetian Moon Include in Board of Selectmen packer - outdoor service 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.gov email town manage r ci.reading.ma.us Please let us know how we are doing - fill out our brief customer service survey at http:Hreadingma- surve virtualtownhall net/survey/sid/de8bdaal6db9e6b4i From: Anthony Cavallo [mailto:anthony@venetianmoon.com] Sent: Friday, April 09, 2010 12:37 PM To: Hechenbleikner, Peter Cc: Rick Schubert Multiple Addresses; Camille Anthony forwading account; James Bonazoli forwarding account; Ben Tofoya; Steve Goldy forwarding account Subject: Venetian Moon Good Afternoon, I just wanted to make a couple of comments regarding the outdoor seating draft- policies. Line number 9 states, " There shall be no service of alcohol in an outdoor dining area unless the customer also orders and is served food from the menu. " This language would not work at Venetian Moon because of the following: LT his is not a standard operating procedure for a full service restaurant. Standard operating procedure is a customer(s) is seated with menus, customer(s) is greeted by his/her wait staff, bread and water is served, the customer is told about any specials on the menu and a beverage order is taken (alcoholic or non) while customer is deciding on food item(s). Drinks are served and food order is taken when the customer is ready to order. Our patrons tend to take time reviewing the menu and order several courses during their meal, and it would be a negative impact on business if we had to tell patrons we could not fill their drink order until after they had decided what they wanted from the menu. 2.Pat rons, while waiting for a table during peak hours, traditionally purchase a beverage (alcoholic or non) while they wait for their table. When the patron's table is ready, he/she is escorted to their table by a host, and the patron(s) can bring their drink to the table. Under these draft policies the patrons will not be allowed to be seated outdoors because there will be a beverage in front of them without ordering and served food. 3.Durin g peak hours of operation, the kitchen will be at or almost at peak performance. This means there will Gl 4/9/2010 Page 2 of 2 be a slightly longer wait for a patron to receive his/her food after ordering. If their dinner order takes 20-30 minutes to be served to the patron's table, the patron would not be served an alcoholic beverage until the food. is served. I know from experience this will cause unhappy customers. 4.If there are 4 patrons at an outdoor table, three order food and the.rest do not. Only the three patrons will be able to drink a alcoholic beverage, while the fourth will have to be denied service. It is not unusual for patrons to share appetizers and meals. This is not an ideal situation for the customers nor the establishment. 5.If there are 4 patrons at an outdoor table, all order food, one has a salad/appetizer and the rest do not. Only one patron will be able to drink a alcoholic beverage because he/she has food in front of them while the other three are waiting for their meals. Thank You Anthony Cavallo Venetian Moon 4/9/2010 4 C/\ Joshua Eaton Field and. Play Area Master Planning Committee The Joshua Eaton Field and Play Area Master Planning Committee included the following membership: Patricia DeGaravilla, Joshua Eaton School Principal Frank Driscoll, Commissioner, Reading Youth Softball Charlie Ehl, Commissioner, Reading Youth Baseball Maura Rhodes, PTO President Andrew Grimes, PTO Member John Feudo, Staff Liaison- Recreation Administrator Background, Findings and Current Conditions: The Joshua Eaton field and playground are currently used for many activities by a variety of groups of residents. The school uses the park and playground on a daily basis for P.E., wellness classes, recess and as an area for students to congregate before the school opens. Students also play there every day after class and the school holds a picnic there in the fall and a fun run each spring. The playground is also used informally by residents of the neighborhood throughout the year. Reading Youth Baseball and Reading Youth Softball use the field through the spring and summer months for games and practices. During the fall season, the field sees activities such as after school sports run by the Recreation Division as well as an annual field hockey clinic Reading Pop Warner football uses the field for practices in the early part of their season before the clocks turn back. Like many of the fields in Reading, Joshua Eaton field is over-scheduled leaving very little restore and recovery time. Therefore, over the years of use, there has been little time for rest and repair. There are many ruts and lips on the ball fields. In general the infield gives more of an appearance of a circle then an actual ball field. The drainage of the field is generally decent; however a heavy rain storm will leave some areas of the field in an unplayable condition. There are three sets of concrete bleacher steps that are used for both access to the field as well as for spectator seating. There is no current ADA ramp to get to the lower field. This will need to be addressed in the plan. 4 The upper area currently features an old wooden playground that was installed in 1997, a paved basketball area featuring two baskets as well as a small tot swing area on the back side of the school that has become obsolete. There is limited open space on the upper part of the play area which kids use for various activities. There were several major areas the committee focused on; • Parking and Traffic Flow • The backstops need to be taller and have an overhang for fan protection and better bail capture. • There is a drainage issue for both bail fields that will need to be addressed. • Renovation of infields. • Other Site Amenities. Parking and Traffic Flow Existing Conditions: The committee found traffic flow and parking to be one of the central challenges for the. field and play area. The current lot holds between 55 - 60 vehicles. This seems to work well for the school day, but is neither adequate nor ideal for evening or weekend activity. The committee also heard the.concerns on behalf of the large student "walker" population coming from the Oak Street side of the building that they must cross a very busy school driveway. The committee asked the Parking, Traffic, and Transportation Task Force to look at several different options for the.redesign of the parking. The PTTTF was also asked to look at the Oak St. crossing issue. The PTTTF recommended that the Joshua Eaton School consider changing the use of the front of the school as a one way driveway that would cut across the front of the school.. There was no practical solution for the Oak Street issue as the driveway abuts private property and there are limited ways to correct it. The school will look into painting the driveway to mark a walkway area and continue the current practice of setting up traffic cones in this area during peak hours. Recommendation: Use option as plotted on engineered conceptual design (appendix A) of lot. The lot would expand over the current basketball court area allowing easy flow of foot traffic to the lower field area and playground. The island that allows for the turn-around would be reshaped for more parking. This would afford an extra 16 - 18 total parking spaces to the area. ~~v The island should be raised by 8" curbing to protect the green space as well as prevent vehicles from passing over the landscape. After discussion with school principal, the committee decided not to entertain the concept of a drive through loop in the front of the school as it presents many logistical issues inside and outside of the school. The school will work with the RPD Safety Officer to look at alternatives for crossing guards. Finally the committee recommends installing a swing gate to restrict vehicle access to the paved play area. The gate will only be present off of the back parking lot. The back entrance of the school off of Summer Ave. should become a one .way access for leaving the property and should only be accessed by emergency vehicles in the opposite direction. The Field Existing Conditions: The committee looked at the baseball field area as an open canvas. The field currently hosts youth baseball and softball play as well as Pop Warner football in the fall. There is a walking path of stone dust that connects Pennsylvania Ave to the back of the school. The fields themselves are in disrepair with many lips and ruts that have been created over time. There is an inherent flooding issue that occurs near the staircase closest to the "B" field bench. There is also evidence of.runoff on field "A" near Indiana Ave. Both. backstops lack height and overhang and do not adequately capture foul balls or protect spectators. There are three sets of stone steps the serve as bleachers and access for the field. These concrete steps are in decent condition. There is no ADA ramp to gain access to the field. Recommendation: After careful consideration, the committee felt it was best to keep the fields as they are currently set. However, the drainage of the field needs to be corrected and should be looked at by qualified engineers. Both backstops will ultimately need to be replaced and are in the current capital improvement plan (FY 17 & FY20). They should be replaced by a standard heavy gauge 12 ft chain link fence with a minimum of a 4ft over hang. Benches should be placed behind the chain link fence for player protection. The stone bleachers shall remain intact and repaired as needed. The committee recommended the walking path be paved and formalized though the center of the field. Many students use that path to gain access to the school each day. Although the path is not plowed by Town workers in the winter, students still use the path frequently which keeps them away from the roadway. An ADA path/ramp should be available for access to the playground area as well as the lower fields. q 0? ' The ball fields themselves need to be reestablished. The infield should be completely dug out and refilled with a proper base and proper clay levels. Other site amenities Due to the basketball court being moved to create more parking, the court would be relocated on newly paved area. The area would also allow for other activities. The playground and swing area will be shifted toward the middle of the top of the hill. The space for the playground should be approximately 65, X 95 and include a swing area. One to two Town standard picnic tables are also desirable near the play area for parents and families to congregate. The committee talked about extending the use of the field, by entertaining the concept of a batting cage. With practice times being at a premium on grass fields, much of the youth baseball and softball season are focused on playing games. Practices opportunity are far and few between due to scarce resources of fields and growth across the all of the youth organizations. This was probably the most controversial topic from the public hearing. The final proposed location would be set directly behind the A field backstop, furthest away from neighboring houses. It would be single style cage (20 X 60 ft) with heavy duty black netting on the interior with poles and no fencing. The net could come down in the winter time. With no fencing there is, a reduction of noise and less maintenance. The committee felt this would be a practical and long term solution enhancing playing opportunity. In conclusion, the committee worked hard to take a holistic approach to the process. With the three major users of the field at the table, the committee was able to address many of the current concerns to make the Joshua Eaton play area more functional without interrupting or sacrificing the natural beauty of the park. The public hearing was very telling in that the neighbors were interested and excited about the changes. There is a commitment from RYB and RYS to continue to improve the conditions of the ball fields. The Joshua Eaton PTO has appointed a playground committee to begin design and fundraising for FY12. q ~q* b 0 z ~W w o II AlEj ®g y s, r ~ ~ 1 f z N N w t a v N" N ds. Town of Reading 16 Lowell Street. Reading, MA 01867-2683 Phone: 781-942-6610 Fax: 781-942-9071 COMMUNITY PLANNING AND DEVELOPMENT COMMISSION MEMORANDUM TO: Gwendolen Noyes, Oaktree Development FROM: Nicholas J. Safina, Chairman, 'Community Planning & Development' Commission DATE: Mary 5, 2010 Re: Certification of Completeness/Advisory Report, Application for 30 Haven Street (former Atlantic Supermarket) Cc: P. Hechenbleikner, E. Callahan Doucette, Reading CPDC Materials Reviewed: Cover letter and development narrative dated April 12, 2010 from Gwen Noyes. Site. .Development Plans for 30 Haven, Reading, dated April 12, 2010. Existing Conditions plans by JM Associates dated March 9, 2009. Plans prepared by DZI DeVellis Zrein Inc. sheets C-1, C-2, C-3, C-4, 1-1, 1-2, Al, A2, A3, A4, A5, A6, A7, 'A8, A9, Al 0, All, Al 2, Al 3, Al 4, Al 5, Al 6, Al7A18, Al 9, A20 dated April 12, 2010. Storm water Management & Operations & Maintenance Plan for 30 Haven prepared by DeVellis Zrein Inc. and dated March 26, 2010. Thank you for your application to develop under the Town's Downtown Smart Growth District (DSGD) received on April 12, 2010. The community is eager to see the former Atlantic Supermarket property returned to productive use. This memorandum is to address the application completeness review for the 30 Haven Street application, as required by the Downtown Smart Growth Overlay District of the Reading Zoning Bylaw Section 4.12.11.2. The application materials submitted are sufficient to begin the formal review under the bylaw. I understand that you have worked out a deferral of fees related to site plan review with the Town Manager. We re-state that postponing payment, not waiving the fees, is the agreement and that payment of the special permit fees may be deferred until the Building Permit is issued or until October 31; whichever occurs first. A public hearing has been posted and advertised for 8:15 PM on May 10, 2010. Although the applications materials are not complete, we believe that substantial review should begin without delay. 4 The bylaw requires that the following documents be submitted to the Approving Authority (i.e., the Reading Community Planning and Development Commission) and the Monitoring Agent as part of the application: Evidence that the Development Project complies with the cost and eligibility requirements under Section 4.12.10 of the bylaw; Development Project plans that demonstrate compliance with the design and construction standards of. Section 4.12.10.3 of the bylaw; and J A form of Affordable Housing restriction that satisfies requirements of Section 4.12.10.5 of the bylaw and approved by the Massachusetts Department of Housing & Community Development (DHCD). --An Affirmative Fair Housing Marketing Plan approved by DHCD. A Reading Development Review Team (DRT) meeting was held on April 5, 2010. The DRT notes were distributed on April 9t" via email to all parties and are also included as Attachment A. Comments received to date are included in this memo. In addition, the following application components require additional information: 1. Cost and Eligibility The development proposal must demonstrate that it meets cost and eligibility requirements. The sales prices and income eligibility have not yet been determined. The CPDC recognizes that. additional information may be forthcoming from Oaktree, and that the Monitoring Agent has yet to be identified or designated by the Board of Selectmen. This can be made a condition of the site plan decision but will be required to be submitted before any building permits can be issued. 2. The site plan must be on a stamped, surveyed plan. The square footage of the retail areas need to be added to the ground floor plan. 3. Affordable Housing Restriction is dependent in part upon income eligibility and price. Given this, we recognize that the affordable housing restriction is not complete. It will be reviewed by Town Counsel when further information is available. 4. Facade details including samples of materials. The use of cement board, and the brick color reflected in the elevation plans, should be supported by a sample of this material, in this color. The predominance of brick used in facades along Haven Street may raise questions by the CPDC about the use of brick along the Haven Street facade of the building in place of the cement board. Further details about the cost differential. would be useful in, advance of any discussion. 5. Parking as was discussed in the DRT, the Town seeks to work together with the developer to improve the Brande Court public parking as well as the Haven Street public parking and preserve the existing number of parking space. To satisfy this request, the CPDC will want more detail about the proposed changes to the Brande 2 Q2 Court public parking lot and the on-street parking along Haven Street. An existing conditions plan showing the parking layout of the public parking in the rear as well as on-street in the front of the building which also includes.an inventory of the type and number of parking spaces, and loading/dumpster locations. For comparative purposes a detailed parking plan of the proposed changes, including the net change in the total number of parking spaces, should also be provided. This detailed parking plan should, note any provision for parking spaces other than standard 10 x 20 sized spaces. As noted in the DRT, the police department recommended emergency access to the underground parking garage and some type of security for the safety of the residents. 6. Shared Parking pertaining to 4.12.8.5 concerning any arrangements for shared parking. The Town of Reading Parking Study suggests a management approach of unbundling parking and promoting shared parking. Shared parking agreements can help alleviate any associated parking issues immediately surrounding the site. Likewise, shared parking reduces traffic associated with the site. Overflow and Visitor Parking further details are needed concerning the provision of overflow or visitor parking to satisfy the requirements under 4:12.8.7 7. Common Areas noted on the plans; particularly the upper level common open space areas. Specifically, how common open space areas will be maintained and how they are accessed to comply with 4.12.9 8. Streetscape Improvements to confirm commitment stated in the narrative that the Haven Street streetscape improvements included on C-1 are to be completed by the developer. 9. Additional details illustrating color, materials and overall design of the dumpster enclosure and the bike racks shown on C1 and C4. 10. Sustainable Design principles employed in the proposal (DSGD Design Guidelines Section 6.5) should be further highlighted. Further consideration should be given to green building techniques such as a green roof, LID infiltration tree wells and bioretention planting beds to convey runoff into the ground; underground pipes/chambers that detain runoff on site or off site in adjacent streets and parking lots; collection systems that retain rainwater for on-site irrigation; water quality improvement systems that will improve water quality before being discharged into the public drain system. 11. Appearance to meet the DSGD Design Guidelines Section 7.2. As noted in the DRT more details are needed concerning the fagade including window design (residential as well as first floor commercial), balconies, and stepback design. 12. Sidewalk details are needed to demonstrate compliance with DSGD Design Guidelines Section 8.1 and to demonstrate ADA compliance. qe5 13. Lighting details to conform to DSGD Design Guidelines Section 8.4.6. All lighting shall conform to the dark skies standards. 14. Drainage and Storm Water Management to meet the DSGD Design Guidelines Section 8.6. Further details are needed to demonstrate compliance with DSGD 8.6.1 including Best Management Practices (BMP) as prescribed by the Massachusetts Department of Environmental Protection, in addition to Low Impact Development (LID) strategies. Because this is a redevelopment project, the DEP standards require the applicant to improve existing runoff conditions to the extent that it is feasible, and to make all reasonable efforts to comply with the normal standards for groundwater recharge, water quality improvement (TSS removal), and peak rate of runoff "to the maximum extent practicable". DEP also requires the project to comply fully with standards for construction controls,- long-term operation and maintenance, and elimination of illicit discharge. For further information consult the "Checklist for Redevelopment Projects", Chapter 3 of Volume 2 of the Massachusetts Stormwater Handbook, http://www.mass.gov/dep/water/laws/policies.htm#storm. The CPDC will want a more detailed O&M plan, including a map of the proposed system indicating the parties responsible for the system, soils test data, complete drainage calculations, groundwater recharge calculations, the DEP stormwater form, easements required, and a detailed schedule of maintenance tasks (DSGD Design Guidelines Section 8.6.3). Drainage details of nearby and adjacent streets and properties is recommended to determine overall impact. As was discussed at the DRT, the origins of certain pipes and whether or not they were still active should be identified further. This plan indicates that the garage would have an oil-grit separator with discharge to the sanitary sewer, which needs to be added to Sheet A13 of the site plan. Further information is needed to demonstrate how the small landscaped areas at ground level and on the roof deck will decrease runoff. Sheets C-3 and A15 show some plantings, but Sheet A17 does not. The planting details on Sheet C-4 do.not show the type of soil preparation used in typical LID designs to maximize infiltration in planted areas. Drainage system components should be labeled for ease in referencing for plan review as well as future maintenance. 15. Grading and Utilities Plan requires additional information as follows: a. A new catch basin is proposed east of the building because the sidewalk expansion conflicts with the existing catch basin. If the existing catch basin is substandard, the deeper sump and hood might provide a. modest improvement in water quality, but would pass most of the contaminants into the downstream system; qe)q b. A water quality inlet is proposed at the loading dock, but there is no design detail from which one could determine the DEP rating for the unit. There is no provision for drainage treatment in the dumpster area, and there is no provision to prevent parking lot runoff from entering these areas; c. Clearly identify whether the existing drain lines under the building are to be abandoned or retained; d. The plan appears to eliminate three existing catch basins and three trench drains at the southern edge of the parking lot, but does not propose any new collection or treatment systems for parking lot runoff; e. The plan proposes piping all roof drainage into the system with no detention or infiltration. The roof plan sheets do not show any retention or collection systems; f. The plan does not propose any improvements in the street drain systems east and south of the building in conjunction with the proposed sidewalks, the outdoor food service, and other work proposed there; g. Show existing and proposed grading, or pipe inverts, or otherwise demonstrate that water will flow in the intended direction; h. Soils test data (water table elevation, soil texture, infiltration rate, etc.), as required to design detention and infiltration systems; i. Sump pump discharge that might be needed for the basement level garage, if the foundation intersects the water table; and j. Significant decrease in impervious cover, or in the volume and rate of runoff. 16. Signage details, quantity, dimensions and location are not complete. (DSGD Design Guidelines Section 9) 17. Landscaping. The CPDC will need a revised landscape plan that shows the location of the existing trees, the dimensions of the proposed tree grates and the sidewalk dimensions. The existing trees on Haven Street were recently planted and can not be removed but more trees may be added around them. The Tree Warden also. recommends the Armstrong species instead of the Orchard Gray on Haven Street. Further information is needed to show if there will be walls or screens to separate the public and private patios. Likewise a detailed plan is needed showing the second floor roof areas including locations of any HVAC equipment, exhaust chimneys from the commercial uses on the first floor or other mechanical systems. Section 8.3.3 of the DSGD Design Guidelines requires planting trees in parking lots. Consideration should be given to additional tree planting in the Brande Court parking lot to help buffer nearby residential uses. DSGD Design Guidelines Section 8.3.5 requires native plant species, the landscape plan should include a notation where this is not met. 5 Ne' 18. Other. A. Fire Department - In addition to the comments made at the DIRT meeting. The Fire Department will require: 1. The fire alarm must be connected to a master box connection to the municipal fire alarm and have monitoring by Central Station service. 2. The fire alarm must be a Class A system 3. The fire sprinkler system must meet the requirements of N.F.P.A. 13 4. The Fire-Department requires full construction documents to be submitted for a plan review prior to the issuance of a building permit. B. Traffic and Circulation - A plan should be provided illustrating that the proposed layout will provide adequate backing and turning space for emergency vehicles, moving vans, and commercial delivery trucks, both for the proposed building and for abutting businesses that share the same access. Further details are needed on the ownership and shared access uses of the private driveway being used as an exit. Taffic-calming devices should be considered to enhance safety. The bylaw requires that any reports from the Building Inspector, Fire Chief, Police Chief, Board of Health, Conservation Commission, Board of Selectmen, Housing Authority and the Department of Public Works shall be submitted to the CPDC within 60 days of the filing of your application, which is June 11, 2010. We will ensure that these reports are provided to you, as well. Please let me know, via the Community Services Director/Town Planner Jean Delios, if you have questions or concerns. Attachments 6 q 4&U Town of Reading DRT for 30 Haven St. 30 Haven St. Development Review Team Meeting 30 Haven Street Oaktree Development . April 5, 2010 Staff Present: (See attached sign in sheet for contact information) Community Services Director/Town Planner Jean Delios, Town Manager Peter Hechenbleilmer, Conservation Administrator Fran Fink, Town Engineer George Zambouras, Staff Planner Abby McCabe, Permits & Licensing Coordinator Mike Schloth, Safety Officer Justin Martel, Health Administrator Larry Ramdin, Reading Light Department Chief Engineer Peter Price, Director of Public Works Jeff Zager, Fire Chief Greg Burns, Building Inspector Glen Redmond. Applicant: Landscape Architect Catherine Martin, Civil Engineer Imad Zrein, Qwen Noyes and Phil Terzis of Oaktree Development. Materials Reviewed:- Site Development Plans for 30 Haven, Reading, dated March 26, 2010. Existing Conditions plans by JM Associates and sheets C-l, C-2, C-3, Al., A2, A3, A4, A5, A6, A7, A8, A9, A10, All, A12 prepared by DeVellis Zrein Inc dated March 26, 2010. Stormwater Management & Operations & Maintenance Plan for 30 Haven prepared by DeVellis Zrein Inc. and dated March 26, 2010. CPDC = The Reading Community Planning & Development Commission The Applicant has planned a neighborhood meeting next week (revised from . Monday to Tuesday) at the public library at 6:30 p.m. to review with residents their proposal before they move forward with the public hearing process. This proposal will be developed under the recently adopted Downtown Smart Growth Zoning Overlay district. The proposal is for a mixed use building with ground floor commercial and three floors of residential above. The building footprint will take up most of the site. The parking spaces along the rear of the building will be slightly reconfigured to align parallel to the building with a covered loading zone at the rear. New concrete sidewalks are proposed all the way around the building with the brick feature to continue the theme of the sidewalks on Main Street. A sidewalk bump out into Haven Street is also proposed to allow room for outdoor pedestrian uses. New trees are also proposed along the new sidewalk that will be on three Page 1 of 4 qi7 Town bf Reading 30 Haven St. DRT for 30 Haven St. sides of the building. The Applicant would also like to change the existing vehicular cirulation to a one way out of the public parking lot onto Haven Street to allow room for the sidewalk and tree plantings. The entire ground floor will be retail except for the residential entry way in the middle of the building. There will be private residential balconies, patios and also a common patio off of the second floor lobby. The building fagade material will be a combination of synthetic stucco, hardi-plank clapboard and an aluminum store front system. The entrance to the public parking lot and the underground garage will be in the rear of the building and the dumpsters will also be under the covered loading zone area. The underground garage is designed to fit 75 parking spaces which is 1.5 for each of the 50 residential units and also some spaces for the retail units. Outdoor bike racks are proposed at the rear-of the building. Bike storage will also be in the garage for residents. Town Manager The Town Manager asked if any parking would be lost with the proposed bump out onto Haven Street or in the back lot. The Applicant is unsure at this time because it may be possible for them to add parking spaces in other areas in the back lot. Patio and common area landscaping is encouraged. The Town Manager explained that the Town has submitted for a federal earmark for funds to continue streetscape improvements on Haven Street similar to what was constructed on Main Street. This is only a concept now. Presently, the road leading from the rear parking lot to Haven Street is two way and it may not be possible to change it to one way but the addition of the sidewalk in that area is a good one. The Town Manager recommended speaking with the building owner next door to learn more about his water issues. Conservation There are no wetlands in the area and no review by the Conservation Commission is required. The Conservation Administrator pointed out that there are drains at the back of the building that still may be active and should be further investigated. Improvements to storm water management for drainage will be needed for this site. A roof rain garden on the top floor, infiltration into the tree wells and the replacement of the manhole drain in the back parking area with a stormcepter with underground infiltration is recommended. The Department of Environmental Protection handbook is a good guide. Page 2 of 4 Town of Reading 30 Haven St. DRT for 30 Haven St. Engineering The Town Engineer believed that the drains described by the Conservation Administrator to the rear of the building are active and contain a significant amount of water underground. This issue of groundwater was discussed. Test pits. are needed to verify existing conditions as they relate to the construction of the underground garage. The mechanical room should be located near where the utilities are coming into the building. Only one utility main is allowed from the street which can then be split into three valves for the residential, commercial and fire needs. There should be one meter for commercial and one meter for the residential. The sidewalks will be required to meet the ADA regulations which require 36 inches of a clear path. The Town Engineer recommends 36 inches outside of the tree well. The Town Engineer also recommends the Applicant review the width of Haven Street to be sure there is room to allow traffic to move safely around the sidewalk bump-out. Bollards were suggested to keep traffic off the expanded sidewalk. Reading Municipal Light Department (RMLD) RMLD will not allow the electric meters to be located in a below grade electric room. The RMLD will need a first floor electric room. The transformer location will be determined by the location of the electric room. Because of the underground water all the electrical wiring should be above ground. There are conservation and rebate programs available from the RMLD, but most of them are for established customers. The transformer that currently feeds the building is not owned by the RMLD. Health The Health Administrator recommends sub-metering so that there is a meter for each residential unit which also encourages conservation. The landscaping should be designed in away that does not create harborage for rodents and animals. Tree grates are recommended. A dumpster permit will be needed before installation of the dumpsters. The Health Administrator recommends a separate dumpster for the residential and the commercial uses. Commercial uses will most likely generate a lot of cardboard and will need storage room. Any restaurant tenants will require hoods. The Applicant plans to provide ducting space throughout the three upper floors up to the roof of the building. Window screens are required according to the state sanitary code and for safety reasons. The covered loading area may be difficult for tractor trailers and may want to consider another option that would allow for large vehicles.. When speaking with prospective restaurant and food tenants they should be directed to the Health Administrator. Page 3 of 4 qeq Town of Reading 30 Haven St. DRT for 30 Haven St. The Board of Health will need to review plans in advance of any restaurant use. This requires 30 days advance submittal to the Health Administrator. See the following link for the Board of Health Regulations http://www.ci.readingma.us/12ages/ReadingMA Health/docs/re sg text And the following link for permit applications http://www.ci.readin'g.ma.us/pages/ReadingNlA Health/docs/applications/index Police Since the parking garage is proposed to have a gate there should also be an emergency device to allow emergency access in and out. Security in the parking garage is also recommended. Lack of visitor parking is also a concern. Planning: The Town Planner explained that the Applicant is working on submitting the site plan application in the next week and aiming to begin the public hearing process in May with the CPDC. Shared parking with neighboring private property owners is also encouraged. The step-backs on the second and fourth floor are required as part of the by-law and design standards. The: building fenestration was discussed and the importance of it emphasized. Lighting was also noted as a key element of the design. Three dimensional drawings (3-D) or a model showing the building's dimensions should be provided. The Town Planner reminded the Applicant that affordable housing units are required under this zoning and documentation to show affordable housing restrictions and fair marketing will be required for submittal to the CPDC in the future. The Town Planner stated that a description of the sustainability aspects of the building should be submitted with the application since it is stated as a goal in the by-law. Fire A fire protection system and a carbon monoxide system are required. Full construction plans should be provided to the fire chief and will need to be approved before getting building permits. The dumpster locations should be included on the plans. Gas grills are not allowed on balconies. If the parking lot onto Haven Street is one way it will need to be posted. A fire lock box for emergencies will be required and an alarm system monitored by a central station. Public Works There are no existing significant water issues in this area. Page 4 of 4 q p ,1, E~ Q O O N a st H S o ~ o ~ N L6 Q ~ O ® Q. 0 V+ L V O 0 ~ U C O M E M Z .O L CL d. N N M . 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U W w c: n W C E U A E L- U 0 a a -a CU m O .N .C p O :3 O "z3 3) O - - ) a :c a) N U ~ U F- U) LL F- co U Q [L U t) cL Z u 62 o L a _ a) E .2 ` V ~ Z o co o FY ii v) c a FY n. V L a E U) 4) (D CO CD ~vtt Oaktree Development T 617.491.9100 129 Mount Auburn Street F 617.491.6004 Cambridge, MA 02138.5766 www.oakdev.com '1 'iJ il. C Special Permit Application for 30 Haven Street April 12, 2010 ' Development Narrative: Oaktree is pleased to be submitting the attached application for a Special Permit under Reading's new 40R Overlay District Zoning regulations. We believe that the submission conforms to all the Town's requirements, and that it will be an outstanding example of this 40R progressive zoning amendment. We are confident that Reading's economy, housing stock, and-downtown vibrancy will all benefit from the completion of this development. Enclosed as a part of this application, please refer to: • Table of Uses, Square Footages, Number of Units; and • 40 R Zoning Compliance, illustrated on the drawings provided. Other Items for consideration: . Public Improvements: The development will be completed in one phase, and include the following public improvements: • It has been noted that the curb reveal along Haven Street is not currently adequate. It is our intention to -raise the curb to current Dept of Public Works standards. allows safe pedestrian and vehicular passage. • The sidewalk along Haven Street is planned for expansion in front of the retail to accommodate possible cafd tables, planters, trees, bollards, lighting, etc. Any loss of parking spaces along Haven Street will be made up through more efficient re-striping of the municipal lot. The safety and pleasing accommodation of outdoor cafd.cusiomers will be assured by trees, bollards, lighting, and planters. • It is requested that the pedestrian crosswalk currently in front of the Atlantic Store be relocated as per the Civil Plan submitted. • A sidewalk along the narrow drive on the east side of property. • There will be a sidewalk, curbing, planting, lighting, etc along the north side of property, adjacent to the municipal parking lot. • Analysis of the efficiency of the parking striping, with consideration- of how to increase the number of spaces. The introduction of compact spaces will be considered. • There will be over 20 new trees planted; their species are indicated on the landscape plan. (As there are no trees currently on the property, there will be none to be removed.) • Public bike racks will be provided. -'v ~~zr i Oaktree Development T 617.491.9100 129 Mount Auburn Street F 617.491.6004 Cambridge, MA 02138,5766 www.oakdev.com Retail Deliveries and Mechanical Requirements: Current conversations regarding potential retailers have indicated the feasibility of limiting. deliveries to daytime hours. Other limitations that would accommodate residents' comfort and livability will apply. There may be some reconfiguration of the delivery dock, dumpster area, and rooftop mechanical areas to accommodate the needs of a committed retailer, but any such modifications will be with the preservation of resident and neighborhood amenity in mind. Affordable Housing Certification and sample documents are provided herewith as an indication of how Oaktree has worked in the past to assure that the proper restrictions for affordable housing get recorded with the DHCD. The plans anticipate that ten (10) units would be deed restricted as affordable in perpetuity. As we are not yet at the Building Permit stage, formal documentation for the State isn't possible, but we can assure the Town that the provision of deeded affordable housing that meets State requirements has become standard practice for us, and will be forthcoming prior to the building permit application. Construction Staging Plan will be provided along with the Building Permit application. It is anticipated that a portion of the municipal parking lot will be required for use, particularly during the earlier stages of the project's construction. A complete Stormwater Report was provided with the Sketch Plan submission. Any current drainage line that requires modification during construction will be returned to service without diminished functionality. Snow Removal: The proposed building covers virtually the whole site resulting in the flat roof being the only place that snow will accumulate; that snow will not need clearing. However the task of clearing the Town's surrounding sidewalks will be managed by the developments property managers, and is anticipated to be handled in such away that if accumulations are significant enough to require trucking off-site, such measures will be taken. Number of Units.in design: As Oaktree has been proceeding in lining up financing for 30 Haven Street, it has become clear that current funding options and terms are much improved if the development is built for rental occupancy and that the proportion of 1 bedroom units in comparison to 2 bedroom units is increased. This could mean 56 units would be built instead of 50, and the change would not alter the building area or envelope in any way or change the project's conformity with the number of parking spaces required. Eleven (11) units would be affordable instead of the current submission of ten (10). Any contemplated change in the unit count would be discussed with the Planning Department before Oaktree moved ahead with such plans. r 1 ~ 11 ltd ~ Oaktree Development T 617.491.9100 129 Mount Auburn Street F 617.491.6004 Cambridge, MA 02138.5766 www.oakdev.com Sustainable Design: The building is being designed by LEED certified architects and the contractors who work with Oaktree also have LEED certified managers. All of our buildings are certified as Energy Star compliant. All this means that 30 Haven Street will have a high level of energy efficiency provided with well-insulated walls and windows. Resident environmental health, comfort and quiet will be assured by a high quality HVAC system that provides a healthy balance of fresh air and an operationally efficient use of clean fuel. Wood used in construction and finishes will be Forest Service Certified, and other finish materials, such as carpets and paints will be selected to be non-off-gassing. Plumbing fixtures and appliance will be water conserving. Lighting will be highly efficient, using attractive fixtures with color corrected compact flourescent bulbs. Construction waste will be minimized and managed with a high degree of recycling. All materials will be selected for their durability and sustainable characteristics; attention will be paid to their origins and the distance traveled to the construction site. Oaktree has experience in.developing LEED certified buildings and is committed to construct 30 Haven in such a way that it meets the LEED standards we are totally familiar with. However, we have also found that in a number of situations the certification costs are most effectively used to advantage in the building itself. We believe 30.Haven St is such a situation. 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V c ~ 0,4 fA ~ a WUA o V 0 Finance 1 Complete labor negotiations for 2011 PH 6-30-10 50% 2 Limit reliance on lion-recurring revenue including reserves RLe 4-26-10 100% 3 Apply for stimulus funds and other outside resources. ALL ongoing Services 4 Customer Service policy and action plan PHIALL 1-5-10 75%0 5 Community Services tracking software JD/RLe 4-1-10 25% 6 Customer Service request module on web site RLe 9-1.-10 0% 7 Electronic interaction via web site RLe 12-31-10 0% Operation s 8 Eli fiiate Church Parking lot lowing Jz 5-1-10 75% 9 Review Sidewalk snow plowing JZ 6-1-10 20% 10 Priority DPW Management Study items JZ 12-31-10 10% 11 Add additional MUNIs modules GLa 12-31-10 30% 12 Expand records management, with public access as appropriate RLe 12-31-10 10% 13 Rubbish collection and disposal and recycling bidding JZ 9-1-10 15% Health and Safe 14 Complete continuity of operations (COOP's) planning GB 4-1-10 60% 15 Complete evaluation of regional public safety dispatch GB/JC 12-31-10 750/o- 16 Continue work with School Department on health/safety issues GB/JC/JD /JDo 12-31-10 ongoing 17 Healthy Communities/Obesity prevention JD 12-31-10 25% Community Development / Sustainabili 18 Affordable Housing JD Ongoing 10% 19 . Construction of major downtown private developments JD Ongoing 10% 20 South Main Street design guidelines JD 9-30-10 0% 21 Way-finding system JD 6-30-10 75% 22 Implement priority downtown parking action items PH/JD/JZ Ongoing 10% 23 Evaluate acceptance of Green Communities program PHNC 6-30-10 5% 24 Continue to meet sustainability goals PH 12-31-10 10% 5/6/2010 4t1 2010 Town Manager's Goals and Action Plan Town of Reading MA Status Report / /10 Shaded blocks represent action items that are completed. -b a, ~A c WUA U 0 Asset Management 25 Complete/ex and performance contracting PH/JDo 12-31-10 50% 26 Implement ad hoc Municipal Building Committee PH 1-31-10 50% 27 Complete Mattera Cabin JD 9-1-10 25% 28 Begin Memorial Park construction JZ 5-1-10 10% 29 Complete Washington Park and Killam playgrounds JZ 10-1-10 10% 30 Complete Joshua Eaton Master Plan JZ 6-30-10 10% 31 Landscape Architect for Birch Meadow JD/RLe 6-30-10 0% 32 Add to Town's trail system, including Ipswich River Greenway JZ ' Ongoing 0% 33 Funding- West Street project PH ' 12-31-10 0% Governance, Regulation, and Policy Development 34 Scope for Zoning Bylaw revision JD 4-1-10 75% 35 Sign Bylaw revision JD 5-140 100%0 36 Revision to 6.3 of Zoning Bylaw- Nonconforming situations JD 5-1-10 100% 37 Junk regulations PH 4-1-10 100° 38 Earth Removal, regulations JD - 5-1-10 100% 39 Facility and site naming policy PH 4-1-10 10% 40 Communications policy PH 6-30-10 0% 41 Review/Revise Traffic Rules and Regulations PH/JC 9-1-10 25% 42 Complete General Bylaw review PH 12-31-10 10% 43 LIP regulations JD 9-1-10 75% Human Resources/Personnel 44 Labor contracts PH 6-30-10 50% 45 Evaluate Health Insurance RLe 6-30-10 100% 46 Consider Disability Insurance RLe 12-31-10 10% 47 Continue B/C/C Chair and Vice Chair training PH 9-30-10 0% 48 Implement Ethics/Open Meeting Law training and record keeping RLe 6-30-10 50% Kav of T-)tnnrtmPnt TTenrlc' PH - Hechenbleikner RLe - LeLacheur GLa - LaPointe JD - Delios GB - Burns JC - Cormier JZ - Zager RU - Urell VC - Cameron JDo - Doherty ALL - all Department Heads a V 5/6/2010 2010 Town Manager's Goals and Action Plan Town of Reading MA Status Report / /10 1 Complete labor negotiations for FY 2011 ♦ Negotiate 1 year contracts with each of 6 unions by June 30, 2010 q Dispatch ❑ Patrol Officers ❑ Police Superior Officers ❑ Firefighters DPW Engineers 2 Limit reliance on non-recurring revenue including reserves ♦ Constrain the need for Free cash to balance FY 2010 budget . Limit the recommended use of cash reserves to balance the 2011 budget - attempt to use less than the $1 million authorized by FINCOM done 3 Apply for stimulus funds and other outside resources. ♦ Community Services. Scan all available information for opportunities to secure outside funding including public grants and private partnerships like working with area banks to assist with storefront improvement program financing.' ♦ Police Department Aggressively search for grants and make application where grant requirements can be met and accomplished. Fire Department is actively pursuing. outside sources of funds. For 2010 we. received Assistance to Firefighters Grant for $67,000. We will use these funds to purchase two 12 lead defibrillator monitors and seven semi-automatic defibrillators. This will allow us to equip Ladder 1 or Engine. I with ALS equipment and expand our ALS program. 4 Secured grant for Town Forest evaluation - $4,500 4 Through school/facilities department secured $150,000 stimulus grant for energy conservation 4 Secured NERAC Equipment Grant in the amount of $17,490.69. 4 Secured $583,000 donation for Memorial Park improvements 4 Customer service policy and action plan. Review policy and plan drafts and make constructive recommendations that would enhance the implementation of and effective Customer Service policy. ♦ After Policy is adopted, educate employees and implement policy. In progress - feedback re customer log ♦ Identify areas that need to be targeted for future training. Schedule an in house training in the Community Services Department to improve use of electronic (Outlook) calendar updates as well as voicemail. ♦ Identify rules, regulations, by-laws, procedures needed to be updated,. revised, and streamlined within Community Services divisions and across the department as well as the Town. DPW has identified several potential changes 5/6/2010 3 ~ ~"5 2010 Town Manager's Goals and Action Plan Town of Reading MA Status Report / /10 ♦ Draft FAQ for ConsCom 6 Streamlined Permitting Software ♦ Final review of FB Gov and ViewPermit software with final recommendation to follow. Stepped back to do further review of procedures. Expect completion of review by end of May, selection by end of June ♦ Conduct last phase of due diligence 6 Customer Service Request module on web site 7 Electronic interactions via web site 8 Eliminate church parking lot plowing ♦ follow up letter sent to. all churches reminding them of elimination of town plowing services for 2010/ 2011 winter season. Final action/ vote at April TownMeeting confirmed that we should cease plowing. Instructional Motion re meeting with Churches. 9 Review sidewalk snow plowing/ removal policy ♦ meeting with all appropriate parties to review current sidewalk plowing locations. In process of "internally" reviewing additional sidewalk plowing requests, as well as current program;. engineering preparing current plan/ map- will set up meeting with all parties by end of the month. ♦ complete draft of any proposed program` changes for review by Town Manager and Selectmen - 5/1 /10 ♦ completion of 2010/2011 sidewalk snow plowing/ removal program review 6/1/10- 10 Priority DPW Management Study items Have attended seminars on regionalization and succession planning with performance management upcoming. Will continue with aggressive employee training programs, working with,HR on employee development plans, Analyzing/making improvements to facilities/ grounds. Meeting scheduled with Town Building committee. Engineering staffing being analyzed. Daily Vehicle/equipment repair operational improvements and efficiencies being made. ♦ Continue research / analysis of potential alternative options for future DPW maintenance functions, facilities and operation. Attend conferences/seminars on regionalization alternatives to public works services/ programs. ♦ Review/evaluate current engineering division staffing levels related to current workload, as compared to private consulting services options. ♦ Continue to provide/promote specific training programs for all employees to increase efficiency, upgrade licenses, provide on the job training, and prepare for future succession planning. Work with Human Resources to develop Individual Development Plans (IDP) and updated job descriptions for employees. MUNIs software provides tracking capability for current training and licenses held for every employee. 5/6/2010 4 w44 2010 Town Manager's Goals and Action Plan Town of Reading MA Status Report / /10 ♦ Analyze current maintenance/mechanic staffing configuration, skill level via formal evaluation program. Investigate new structure potential for equipment maintenance/highway division to maximize efficiencies and minimize downtime, plus review current operation for improved efficiencies. ♦ Prepare DPW site plan looking towards increased efficiency, aesthetic improvements, and security enhancements. ♦ Attend Performance Management course to help define strategies for effectively measuring and selecting practical performance measures, and analyzing and using data to improve performance. 11 Add additional MUNIs modules implement version 7.4 - Completed on March 5 and 7th. Still troubleshooting some changes in data entry and reporting but we are 98% complete Implement ambulance billing - completed 2 training session in March. All ambulance runs starting April 1 will be billed through MUNIs billing module 100% complete. ♦ Implement cash registers - working with MUNIs support to connect the hardware and setup the proper permissions. 10% ♦ Implement Human Resources - Conducted Status meeting to outline the agenda for the training days. Established paper trail for workflow. Set up 2 training classes in April for Personnel Action Workflow, Position` control and Training Tracker. 5% complete. ♦ Crystal reports Training 0% ♦ . Employee Self Service review and possible implementation. 0% 12 Expand records management with public access as appropriate 13 Solid Waste collection, recycling contract On track for fall 2010 RFP for Solid Waste/Recycling/Disposal. In contract negotiations with current vendors for potential long term extensions and added contract features. set up kick off meeting to initiate/ prioritize scope of services and expectations - Mid-Feb research various municipal programs and service options - 4/1/10 ♦ draft formal RFP procurement document - 7/1110 ♦ Evaluate proposal from current vendor to extend the contract with concessions and enhancements ♦ RFP for solid waste collection and recycling out to bid -12/1/10 13 Disposal contract ♦ Renegotiate current contract with Covanta, extending contract for additional 13 years 14 Complete Continuity of Operations (COOP) Planning: ♦ The goal of the project is to identify a succession plan for each Department, identify secondary location to operate and provide for storage and retrieval of key records. A 5/6/2010 ~r 2010 Town Manager's Goals and Action Plan Town of Reading MA Status Report / /10 succession plan and essential functions have been identified and prioritized for all departments and divisions. 15 Complete evaluation of regional public safety dispatch. ♦ Reading is part of a multi-community effort that is currently exploring the feasibility of providing a regional 9-1-1 dispatch center. We are currently in the second phase of the project and the objective of this phase is to develop. a detailed feasibility and information plan for establishing a Regional Emergency Communications Center to serve the city of Melrose and the towns of Reading, Stoneham and Wakefield as well as the Middlesex Sheriffs Office (MSO). If feasibility is established, the plan will serve to form the basis of an implementation plan that can be reviewed by each community. We are in the process of identifying possible sites, indentifying governance options, software and other technical issues. A final report on the feasibility of combining dispatch services will be completed at the end of April 2010. ♦ Analyze Phase 2 results and make recommendations on potential impacts to community regarding possible implementation of study.. Phase 2 is in progress currently 4-15-2010. The results for phase 2 are expected in May or early June 16 Continue to work with School Department on health/safety issues. o Dedicate the Police School Resource Officer to this with a high priority rating. This is a continual process that does not have an end point. 17 Healthy Communities'- obesity prevention ♦ Meet with schools to work on health.and safety issues. ♦ Advance "Healthy Reading" programming including obesity prevention. Through a social marketing campaign promote increased the levels of physical activity, healthy food choices,, and lifestyles throughout the community. This will lead to a reduction in the symptoms of chronic disease especially diabetes and cardiovascular illness which are among the most prevalent diseases in the community 18 Affordable Housing ♦ Develop strategies for expanding supply of affordable housing. ♦ Monitor SHI and develop ways to preserve existing affordable housing. ♦ Work with regional housing groups to advance housing goals ♦ Have been working with potential buyers of the Pierce Organ Pipe Building to encourage affordable housing as part of a re-use plan. Working with Peter Sanborn Place regarding their plan to expand approximately 50 units. Participating in review and comment on 885 Main street proposed LIP or 40b. ♦ On-going outreach to property owners/developers in the 40R Downtown Smart Growth District and in the 40R Gateway Smart Growth District 19 Construction of major downtown private developments 5/6/2010 6 4 tL 2010 Town Manager's Goals and Action Plan Town of Reading MA Status Report / /10 ♦ Major Developments - Work with developers of 3 key parcels downtown: ongoing contact made with each of the major developers at least once every other week. o Atlantic; Applicant has a meeting with the neighborhood on 4-12-10; DIRT held 4- 540; Application to CPDC for site plan approval May 2010 o MF Charles; no activity 0 18-20 Woburn St. met with property owner and potential restaurant - property owner needs additional tenants before the project is viable for financing 20 South Main Street design guidelines ♦ finalize draft and ♦ adopt ♦ Include potential modifications to sign bylaw related to the new design` guidelines 21 Wayfinding system e Draft report reviewed in March, 2010, with final to follow by June 1, 2010 22 Implement priority downtown parking action items s Ongoing sign maintenance/installation as required for new parking requirements as developed by selectmen, PTTF committee, etc. ♦ Finalize list of new bike rack locations and apply for same (DPW to install in various downtown and town-wide locations) List finalized and reviewed with Board of Selectmen; application to be made as soonas funds are available. ♦ Encouraged Venetian Moon to develop Valet parking 23 Evaluate acceptance of Green Communities program 24 Continue to meet Sustainability goals ♦ Downtown Parking Recommendations - Implementation 25 Complete/expand Performance Contracting Apply to the State for available stimulus funding to expand the Performance Contracting program to apply to windows at Library, Town Hall, Birch Meadow School, and Killarn School Got a $150,000 grant which will allow us to do all of the windows at Town Hall ♦ Complete existing Performance Contracting project on or about 12-31-10 excellent progress 26 Implement ad hoc Municipal Building Committee Establish Committee established, ♦ Appoint members appointed (all but 1 position) e Focus early attention on Cemetery Garage and library the Committee has met 2X and set up a work schedule. 27 Complete the Mattera Cabin ~ Complete the design of the project done 5/6/2010 7 p 1' 4 t 2010 Town Manager's Goals and Action Plan Town of Reading MA Status Report / /10 Develop a schedule - with Metro Tech Vocational School done Fundraise for the cost of materials for the project - % raised, the remainder "loaned" through the FINCOM reserve Fund; Conservation Commission Chair is doing fund raising e Assist Metro Tech with al aspects of the project Conservation Administrator is lead person on the project Working group to develop program of year round use fo the property, including rental for income to support the operations of the cabin 28 Memorial Park construction bids for construction out on street - Contract signed & pre construction meeting this week. pending favorable pricing, construction to start - 5/15/10 anticipated start date is 4-12. Ground breaking is 4-22 DPW employees to provide work on roadway, drainage, pathways, and site demolition - DPW has started cleaning brook and doing some site demolition work. RMLD has removed lights and disconnect service. o Final roadway paving (Harrison Street) with FY11 road money -11/1/10 29 Complete Washington Park playground Washington Park playground on schedule for June installation. Contract has been awarded,, portion of basketball court has been removed. Sidewalk and curb work to commence this spring. Ongoing fundraising activities- Feb/March/April Completion of formal RFP process & out to bid. - Feb 15 Contract awarded; Site prep work to be completed (as weather permits). -May/June DPW workforce needed.to cut basketball court, remove fencing and old playground equipment. - July/August ♦ Installation process heading towards completion. - August/Sept ♦ Installation of curb.and sidewalk ♦ Release of abutters use of a portion of the site, and restoration of those portions of the site 30 Complete Joshua Eaton Master plan All documents and plan revisions have been completed.. Final submittal to Selectmen on schedule for late May/ early June. Review/ develop/ finalize plans with master plan committee and town staff - Feb Public hearing on draft plan with Recreation Committee - Recreation Committee hearing 4/15; Review with Board of Selectmen 5-11-10 ♦ Plan update based on public input - April ♦ Present proposed master plan to selectmen for review and approval - May/June ♦ Installation of 1St phase of project with funding by PTO 31 Landscape architect for Birch Meadow 32 Add to town's trail system- including Ipswich River Greenway Will continue to work with Trails Committee, Conservation, etc. to enhance town wide system- ongoing. 5/6/2010 ~~g 2010 Town Manager's Goals and Action Plan Town of Reading MA Status Report / /10 ♦ Spring 2010 - contact Trails Committee to initiate discussion on potential plan to promote/ identify town-wide trail system ♦ Ongoing trail enhancement prioritized work throughout 2010 as permitted ♦ Town Forest master plan grant received for forest stewardship - to be completed by 6- 30-10 ♦ Installation of boardwalk with grant from State - Bare Meadow - Haverhill Street end work to started 4-10 ♦ Installation of remaining portions of Maplewood section of boardwalk 33 Funding for West Street project Next possible revision to TIP would be late summer/ early fall. If project does not get funded then, then next possible revision option would be in the spring of 2011. 34 Scope for Zoning Bylaw revision ♦ Develop scope of work to update the portions of the bylaw, not including those portions enumerated in 35 and 35, and consider doing the work piece-meal 35 Sian Bylaw revision - Done ♦ Proposed changes to Section 6.2 of the Zoning Bylaw (Sign By-Law) drafted by the EDC; public forum on 1/13/09; subsequent review by CPDC; BOS review; schedule public hearing; CPDC approved on 3/1/10 after public hearing; On the warrant for Spring Town Meeting 36 Revision to 6.3 of Zoning Bylaw - nonconforming situations - Done ♦ Proposed changes to Section 6:3 of the Zoning Bylaw (Non-Conforming) for review by CPDC at 1/11/10 meeting; BOS review; schedule public hearing; "CPDC approved on 3/1/10 after public hearing submitted article to Spring Town Meeting. 37 Junk regulations 4 Recommend to the Board of Selectmen an amendment to the bylaw re non-criminal disposition for violations - to be included on the Annual Town Meeting warrant 4 Draft proposed regulations for the Board of Selectmen to consider adopting 4 If the Board of Selectmen is in general agreement, conduct outreach to those who would be affected Board of Selectmen has decided to rescind the entire Bylaw - no further work to be done except to have article on STM to rescind bylaw 38 Earth Removal regulations 4 Final Draft approved by CPDC 5/6/2010 .9 2010 Town Manager's Goals and Action Plan Town of Reading MA Status Report / /10 39 Facility and Site naming policy 40Communications policy 41 Review and revise Traffic Rules and Regulations. ♦ Assign the Safety. Officer this task. Acting Safety Officer has been assigned and is working on the regulations. ♦ Explore the opportunity for a college intern to assist with this task. 42 Complete General Bylaw review - Bylaw Committee has agreed to take this on as a project. They. will be working with the Town Clerk, and Town Counsel as needed. The target is to complete the process by the end of the CY and have this on the Warrant for the 2011 Annual Town Meeting. 43 Revise LIP Guidelines Review existing LIP regulations with Town Counsel Compare existing regulations with State regulations and guidelines ♦ Drafted revised regulations for review by Board of Selectmen at workshop meeting and then hearing and adoption by Board of Selectmen 44 Complete Labor Contracts see item 1 45 Evaluate Health Insurance Renewal evaluated and being negotiated 46 Consider disability Insurance 47 Complete B/C/C training 48 Implements ethics/OML training and record keeping ~l Town Clerk has taken on the responsibility of implementation of the initial Ethics training requirements o Regulations are being developed by the AG's office on the changes tot the Open Meeting Law, and the Town Clerk will undertake the very extensive training that will be needed to implement those changes. 5/6/2010 10 ~1b. Board of Selectmen Meeting . April 13, 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, Selectmen Stephen Goldy and Richard Schubert, Town Manager Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur, Town Counsel Ellen Doucette, Fire Chief Greg Burns, Town Clerk Laura Gemme,. Health Administrator Larry Ramdin, Public Works Director Jeff Zager, Public Works Business Administrator Jane Kinsella, Office Manager Paula Schena and the following list of interested parties: Mary Ellen O'Neill, Gary Connor, William Childress, Head Dispatcher Vicki Avery, Police Sergeant John McKenna, Barbara Meade, David Singer, Andrew Grimes, Peter Donovan, George Danis. Reports and Comments Selectmen's Liaison Reports and Comments - Selectman Richard Schubert thanked the voters for re-electing him. Selectman Camille Anthony announced that there will be a public seminar on May 6, 2010 at 7:00 p.m. at the Parker Middle School on "Staying Safe in your Backyard" presented by Dr. Thomas Mather on ticks and bite prevention. She noted that the tickets are free. Vice Chairman James Bonazoli requested that DPW clean the Mattera Cabin roof, and he would like an alternative heat source for the Cabin. He noted that bike riding is not allowed on conservation land but it can be done at the Town Forest. Selectman. Stephen Goldy thanked the voters for re-electing him. He attended a Reading/North Reading Chamber of Commerce outstanding dinner, and special honors went to five Police Officers and a dispatcher for an accident on West Street. Also recognized as Firefighter fo the year was Rob Loring, who traveled to. Haiti on his own time and at his own expense to help with relief efforts. He noted that he had Office Hours this evening and residents from Whittier and Tennyson Roads were present regarding sewerage discharge from the storm. He requested that the. Town Manager set up a meeting with the residents and staff and perhaps a representative from the MWRA. Chairman Ben Tafoya noted that he attended Earth Day at the RMLD. He also noted that Walkable Reading put together a podcast with the Historical Commission. Town Manager's Report The Town Manager gave the following report: e Annual Town Meeting starts April 26th - The Warrant Reportis on the web site. s~~ Board of Selectmen Meeting=April 13, 2010 - Page 2 + Customer Service Survey - 87 responses in 1St Q o Town Hall four day work. week - Increased hours available to the public. ♦ Governor Deval Patrick has ordered that the United States and Commonwealth flags be lowered to half-staff immediately and until further notice at all State buildings in honor of former Minority Leader of the Massachusetts House of Representatives Francis W. Hatch, Jr. who died on Thursday, April 8, 2010. ♦ Election Tuesday - Congratulations to all participants. ♦ Election for Voke School ♦ Sharps Collection Community Development ♦ Encore Consignment Shop, 159 Ash Street ♦ Application for a 40B known as Splendid Splinter at 885 Main Street was received. ♦ Application for 30 Haven Street was received. ♦ Reading Fall Street Faire Open House on Thursday, April 22nd at 7:30 p.m. at the Senior Center. o Non_Conforming Signs ♦ "Our thanks to Reading for the Town's perseverance and patience in establishing its. second 40R Smart Growth Overlay District. Attached is a copy of the signed 40R Letter of Approval. Hardcopies to follow Bill Reyelt * kM DHCD. " ♦ Update re: Mattera Cabin Public Works ♦ Lighting Upgrades I-93 . ♦ There will be a ground breaking ceremony for Memorial Park on April 22nd at 3:30 p.m. ♦ The Spring Guide for recreation activities in Reading is out to all households in Reading. ♦ The Compost Center opened Friday, April 2nd. o The Household Hazardous Waste Collection will be in Reading on May 22nd. There is also a Fall collection in Wakefield. ♦ Sump pumps ♦ Street Sweeping has started. ♦ Hydrant Flushing starts shortly. Construction Proiects in prouress or to be done this year (between now and June 30, 2010): ♦ Done except for loam and seed - School Street, Lincoln Street, Sandra Lane South Street - Main to Hopkins Streets, Scotland Road. ♦ Paving to occur in mid to late Spring - Bear Hill Road, North Street, Pinevale Avenue, Juniper Circle. o Micro-chip seal - Mid to late Spring - Hopkins Street (Main to Wakefield Town Line), and two to three other streets. ♦ Skim coating of local streets - Lewis Street ♦ Fishing Pier - Lobs Pound Mill - Under construction o Trail Construction - Bare Meadow ♦ Memorial Park o Washington Part. Playground o Killam School Playground ~ry~ ,5 Board of Selectmen Meeting - April 13, 2010 - Pale 3 ♦ Master Plan for Joshua Eaton Playground Proclamations/Certificates of Appreciation Proclamation - Public Safety Telecommunications Week - Head Dispatcher Vicki Avery,_ Fire Chief Greg Burns and Police Sergeant John McKenna were present to receive the Proclamation. A motion by Anthonv seconded by Schubert, to approve the Proclamation declaring the week of April 11-17, 2010 as Public Safety Telecommunications Week in Reading was approved by a vote of 5-0-0. Personnel and Appointments Ad Hoc Municipal Building; Committee - Selectman Richard Schubert noted that he and Chairman Ben Tafoya interviewed Andrew Grimes for a position on the ad hoc Municipal Building Committee. He also noted that Mr. Gr'imes' interest is in capital planning and. they recommend his appointment. Goldy moved and Anthony seconded to place the following name into nomination for. one position on the ad hoc Municipal Building Committee with a term expiring December 31, 2010• Andrew Grimes. Mr. Grimes received five votes and was appointed. Discussion/Action Items Swearing in of New Selectmen - Town Clerk Laura Gemme swore in Selectmen Richard Schubert and Stephen Goldy. Highlights - Health - Health Administrator Larry Ramdin and Board of Health Members Barbara Meade and David Singer were present. Mr. Ramdin noted that new regulations go into effect on July 1, 2010 regarding the disposal of- medical sharps. He is expecting the delivery of a sharps kiosk and residents can drop off their sharps to avoid disposal in the household trash. Selectman Camille Anthony asked how they will deal with housebound people, and Mr. Ramdin indicated that they are working on that with the VNA and the Senior Center. Mr. Ramdin noted that they are responsible for enforcing the new calorie posting requirement for chain restaurants and have undergone allergen training. He also noted that the emergency response team has to be prepared to activate and operate emergency dispensing sites in emergencies, and that-the Health Division is required to validate compliance with laws. Chairman Ben Tafoya suggested that the Selectmen meet jointly with the Board of Health regarding the outdoor dining in the community. Hearing - Water Sewer and Storm Water Rate Setting - The Secretary read the hearing notice. Public Works Director Jeff Zager and Public Works Business Administrator Jane Kinsella were present. 5~,3 Board of Selectmen Meeting= April 13, 2010 - Page 4 The Assistant Town Manager noted that the budgets that went out use no reserves. He also noted. that the Finance Committee wants reserves for water and sewer at $500,000 each and at $100,000 for storm water, and that the need for storm water work will be high in the future. He noted that there is water conservation throughout the State and when 'we use less water, we pay more for debt service. Selectman Richard Schubert asked if there are any capital expenses that would require us to keep more than $500,000 in reserves. He also asked if we should use water reserves for the redundancy for water. Selectman Camille Anthony asked what levels are best for the consumer, and the Town Manager indicated the five year option. Selectman Stephen Goldy noted that he received an email from a resident in Precinct 2 who is annoyed with the water restrictions, and asked if they will be enforced. The Town Manager noted that the restrictions have to be enforced because it was part of our approval when we got into the MWRA. The consensus of the Selectmen was that the whole picture including capital items needs to be looked at before making a decision so this will be rescheduled-for April 27, 2010. Hearing - Package Store License - The Wine Bunker - The Secretary read the hearing notice. Town Counsel Ellen Doucette and the applicant Peter Donovan were present. The Town Manager noted that there was a Fax from Peter Donovan and three emails in the packet from residents who are opposed to granting this license. Vice Chairman James Bonazoli noted that one email refers to the wrong site - Linens `N Things. Mr. Donovan gave a presentation to the Board. He noted that he has shipped over 100,000 cases per year in Massachusetts through the internet. He sells 99.9% wine and owns CW II Ltd, a wine wholesaler in Woburn. He also noted that the customer can order online and have the wine delivered to the store. Mr. Donovan noted that the floor area is 7,000 square feet - 9,000 square feet with the mezzanine. He will not sell wine coolers, nips, tobacco, lottery or beer. There will be no more than two stand alone coolers for champagne/wine only. There will be no walk in coolers. The hours are Monday-Saturday from 10:00 a.m. to 8:00 p.m. and they will be closed on Sunday. They will charge more than other wine stores for a single bottle of wine - but their case price is much less expensive. He noted that this is not a chain store and not a large discount store. This is different than what was offered before. He reviewed the results of a survey he did on the need for selling wine by the case. Selectman Camille Anthony asked how his business functions. Mr. Donovan noted that he will have two to three registers, and deliveries are on Tuesday and Thursday. His business is 95% internet based and 100% retail. Selectman Anthony also asked if there will be inventory on site, Board of Selectmen Meeting - April 13, 2010 -Page 5 and Mr. Donovan indicated that there will be and if they don't have what the customer wants, they can order it. Selectman Richard Schubert asked how many other stores Mr. Donovan had and their size. Mr. Donovan indicated that he has one other store and it is 2,500 square feet. He noted that 10% of his business is walk in business. There will be no flashing signs out front. Selectman Stephen Goldy. asked Mr. Donovan about his thoughts on grocery store customers looking for beer. Mr. Donovan indicated that his focus is on wine. He won't have walk in coolers, and he feels that beer is a waste of money from a retail viewpoint. Vice Chairman James Bonazoli asked how many employees he will have, and Mr. Donovan noted probably six but no more than 10 with maximum of four on a shift. He will not need more than 20 parking spaces at one time. Vice Chairman James Bonazoli noted that the survey was done in Reading but some of the people who answered did not live in Reading. Mr. Donovan indicated that is because he sent the surveys to businesses. Vice Chairman Bonazoli asked if he will be selling. food, and Mr. Donovan indicated that he will not. He also indicated that at his other store, he does carry some small bottles of liquor for people at the hotels. Vice Chairman Bonazoli commented that the customer does dictate what he sells. Bill Childress of 105 Main Street inquired about the number of licenses that Mr. Donovan had, and also noted that there were a number of complaints by customers regarding his Woburn location. Mr. Donovan noted that in 2008-2009, he was shipping a lot and there were many delays because the wine cannot be shipped if the temperature is over 70 degrees or under 30 degrees. Mr. Childress indicated that he is not in favor of the Selectmen approving this license. Mary Ellen O'Neill noted that this application is different from the others regarding the hours and what is being offered. She asked if there was any way to put a condition on the license prohibiting beer, and Town Counsel indicated that it is an All Alcohol license. Ms. O'Neill noted that the survey was not well done or scientific, and she feels that there is no. need for this store. George Danis, Manager of 128 Market Place, and his co-worker thanked the Board of Selectmen for considering this application. Town Counsel asked to see the lease, and Mr. Donovan gave her a copy of the lease outline. 'There is no lease at this point Chairman Ben Tafoya asked about the mezzanine area, and Mr. Donovan indicated that it is 1200 square feet above the 7700 square foot first floor area. Selectman Richard Schubert noted that this business requires a customer base much bigger than Reading - it is more regional. He feels that it doesn't satisfy the public need in Reading. s' Board of Selectmen Meeting - April 13, 2010 - Page 6 Selectman Camille Anthony asked if the public need has to be just in Reading, and Town Counsel noted that it does, but if there is nothing similar to it in this area such as internet sales, then it may meet the public need. Town Counsel noted that the memo from Community Services Director/Town Planner Jean Delios indicates that the property owner is supposed to submit -an inventory of parking spaces and building area in use by type of use. It is to be submitted the Town every year but the owner has not done that. She also noted that the trucking access from Route 128 conditions on the site plan should be on the license. The Town Manager noted that there is a limit on retail space at that site because of limited parking. Vice Chairman James Bonazoli noted that if the non-Reading. residents were removed from the survey, there would be no need. Selectman Camille Anthony told Mr. Donovan that she doesn't appreciate his comments in the letter to the Board that he will take the Town to court and it will cost thousands of dollars. Selectman Richard Schubert noted that the Selectmen have a sense of need and nobody says we need another wine store. He also noted that the Selectmen support the Reading Coalition Against Substance Abuse and it is the Board's job to understand the community. Reading was a dry town until about 30 years ago. Nobody is banging on the door asking for more liquor stores, and buying by the case doesn't make it any different. Chairman Ben Tafoya noted that Reading has four existing licenses all of who are happy to sell by the case if preferred. He hasn't heard of any great need for another package store. Selectman Camille Anthony noted that this is not a gigantic store like Wine Nation, and she is inclined to support the application. Vice Chairman James Bonazoli noted that this hearing was publicized in the paper, and the room is not filled with people against the license. Mr. Donovan offered to lower the square.fpotage, and indicated that he was willing to do another survey if need be. A motion by Schubert seconded by Bonazoli to close the hearing for a Package Store Liquor License applied for by Peter J. Donovan d/b/a the Wine Bunker at 128 Marketplace Shopping Center, One General Way, was approved by a vote of 5-0-0. With the Board finding that the applicant's proposal was not a traditional package store, and the basis for the Board's finding of public need was the unique business concept proposed by the applicant with respect to focusing on sales of cases or half cases of wine, the sale of wine comprising more than 99% of its business with little or no emphasis on the sale of beer or spirits the following motion was made. 1!" Board of Selectmen Meeting=April 13, 2010 - Page 7 A motion by Anthony seconded by Bonazoli to approve the application for a Package Store Liquor License applied for by Peter I Donovan d/b/a The Wine Bunker at 128 Marketplace Shopping Center, One General Way, for a term expiring December 31, 2010 subiect to the following conditions: • All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed, and subject to a satisfactory inspection of the establishment by the Town Manager; • Retail space be limited to a total, of 5,000 square feet; • No wine coolers, nips;'/2 pints, tobacco or lottery; • No walk in cooler; • A maximum of 10 linear feet for wine refrigerator units; • Windows need to be installed in front to give full visibility of the retail area; • Deliveries from Route 128 will be to Walkers Brook Drive to General Way, and deliveries from Route 28 will be to Goodall Sanford Road. The motion was approved by a vote of 3-2-0, with Tafoya and Schubert opposed. Hearing- Outdoor Dining Policy -This hearing was rescheduled for May 11, 2010 at 8:30 p.m. Change of Officer - Longhorn Steak House - A motion by Bonazoli seconded by Anthony to approve the . Change of Officer for RARE. Hospitality International, Inc. d/b/a Longhorn Steak House located at 39 Walkers Brook Drive was approved by a vote of 5-0-0. Review Annual Town Meeting Warrant - A motion by Bonazoli seconded by Goldy to support the subiect matter of Article 11 of the Annual Town Meeting Warrant failed by a . vote of 1-4-0, with Tafoya, Anthony, Schubert and Goldy voting in the negative. A motion by Goldy seconded by Anthony to support the subject matter of Article 13 of the Annual Town Meeting Warrant was approved by a vote of 3-2-0, with GOO and Bonazoli voting in the negative. Progress Report on Goals - This item was rescheduled for May 11, 2010. Review Customer Service Survey Results - This item was rescheduled for April 27, 2010. Approval of Minutes A motion by Anthony seconded by Bonazoli to approve the Minutes of March 16, 2010 was approved by a vote of 5-0-0. A motion by Anthony seconded by Goldy to approve the Minutes of March 30, 2010 was approved by a vote of 5-0-0. A motion by Anthony seconded by Bonazoli to approve the Executive Session Minutes of March 16, 2010, as written, was approved on a roll call vote with all five members voting in the affirmative. Board of Selectmen Meeting - April 13, 2010 - Page 8 A motion by Anthony seconded by Bonazoli to approve the Executive Session Minutes of March 30, 2010, as written, was approved on a roll call vote with all five members voting in the affirmative. A motion by Goldy seconded by Anthony to adjourn the meeting of April 13, 2010 at 11:20 p.m. was approved by a vote of 5-0-0. Respectfully submitted, Secretary cw~ Board of Selectmen Meeting April 27, 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, and the following list of interested parties: Massimo Fiume, Daniel Pomerleau, Timothy O'Sullivan, William Cunningham, Connie DeBenedetto, RCASA staff. On motion by Anthony seconded by Schubert, the Board of Selectmen voted to go into Executive Session to discuss strategy with respect to collective bargaining and that the Chair declares that an open meeting may have a detrimental effect on the bargaining position of the body and to reconvene in open session at approximately 7:30 p.m. On a roll call vote, all four members voted in the affirmative and the motion was carried. The Board of Selectmen reconvened at 7:29 p.m. Reports and Comments Selectmen Liaison Reports and Comments - Chairman, Ben Tafoya noted that there is a fundraiser for Washington Park. Improvements from 5:00 p.m. to 8:00 p.m. at .Christopher's Restaurant which will be open for dinner that evening. Proclamations/Certificates of Appreciation Proclamation - Arbor Day - On motion by Anthony seconded by Schubert, the Board of Selectmen voted to aDDrove a Proclamation designating April 30, 2010 as Arbor Day in the Discussion/Action Items Hearing - Ristorante Pavarotti Liquor License - The Secretary read the hearing notice. The Town Manager reviewed the proposed change from a Beer and Wine License to an All Alcohol Restaurant Liquor License. Massimo Fiume, who is the owner, noted that they want the All Alcohol Liquor License to just serve martinis and potentially some cordials. The Town Manager raised the issue of whether or not the area where liquor will be served is adequately separated from the patrons, particularly since it is in the corridor area that accesses the bathroom for the facility. However, it is also the location where all the waiters are because that is where service from the kitchen takes place. Mr. Fiume indicated that white wine is in the refrigerator and the red wine is in locked storage. The Board felt that there was adequate protection for the service bar as proposed. S1/1 Board of Selectmen Meeting - April 27, 2010 - Page 2 There was no public comment. On motion by Schubert seconded by Anthony, the Board of Selectmen voted to close the hearing for an All Alcohol Liquor License applied for by Ristorante Pavarotti, Inc. d/b/a Ristorante Pavarotti at 601 Main Street, Reading by a vote of 4-0-0. On motion by Anthony seconded by Schubert, the Board of Selectmen voted to approve the All Alcohol Liquor License applied for by Ristorante Pavarotti, Inc. d/b/a Ristorante Pavarotti at 601 Main Street, Reading, for a term expiring December 31, 2010 subject to the following conditions: All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed, and subject to a satisfactory inspection of the establishment by the Town Manager by a vote of 4-0-0. The Board made it very clear to Mr. Fiume that until the liquor license comes back approved, by the ABCC, he is still limited to beer and wine service. Presentation of Tobacco Products by RCASA Youth Crew - The RCASA Youth Crew consisting of Daniel Pomerleau, Timothy O'Sullivan, William Cunningham were present and accompanied by Connie Debenedetto and RCASA staff. The Youth Crew presented several different forms of new tobacco products and talked about the dangers of use of these products. Some of them are more potent than cigarettes. The Youth Crew talked about the "84" which stands for the 84% of the youth who do not use tobacco products. The Board thanked the Youth Crew for a very informative presentation. Approve Water Sewer Storm Water Management Rates - The hearing was held at the previous Selectmen's meeting, and action on the rates was deferred to this evening. The Assistant Town Manager reviewed the options for rates and use of reserves. The Board ultimately opted to utilize reserves on a basis that would have them last for at least five years. They asked that the Capital Improvements Program for the enterprise systems be reviewed in January of each year so that they can understand and make decisions on the Capital Improvements Program prior to rate setting. The Board also asked for the prognosis for going to monthly bills, and the Town Manager suggested that this could be scheduled for some time this Summer after staff has had a chance to examine all of the options and costs related to making such a change. On motion by Schubert seconded by Bonazoli, the Board of Selectmen voted to set the FY 2011 Water Rate at $8.03 per 100 cubic feet with a. minimum quarterly bill of $24.09 effective with the September 10, 2010 billing. The motion was approved by a vote of 4-0-0. On motion by Schubert seconded by Bonazoli, the Board of Selectmen voted to set the FY 2011 Sewer Rate at $8.44 per 100 cubic feet with a minimum quarterly bill of $23.32 effective with the September 10, 2010 billing. The motion was approved by a vote of 4-0-0. On motion by Anthonv seconded by Schubert,_ the Board of Selectmen voted to set the Storm Water Rate at $40 per unit (2,552 square feet) per year to be billed quarterly effective with the September 10, 2010 billing. The motion was approved by a vote of 4-0-0. 3/. .rC/ Board of Selectmen Meeting - April 27, 2010 - Page 3 Review Customer Service Survey Results and Comments - The Town Manager reviewed the Customer Service. Survey results to date and suggestions and comments by staff. The Board agreed that the log should be scaled back to something that is manageable by staff. They supported the idea of a focus group if it can be done at low cost through donated time. Continue Review of Annual Town Meeting-L Warrant - The Board looked at the remainder of the Articles on the Annual Town Meeting W_ arrant, and decided not to take any position on any of the remaining Articles. On motion by'Anthony seconded by Bonazoli, the Board of Selectmen voted to adlourn the meetinz of April 27, 2010 at 10:42 p.m. by a vote of 4-0-0. Respectfully submitted, Secretary ~~3 Board of Selectmen Meeting May 3, 2010 The meeting convened at 6:20 p.m. in the School Superintendent's Conference Room, 62 Oakland Road, 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, Fire Chief Greg Burns, Police Chief Jim Cormier, Health Administrator Larry Ramdin, Superintendent of Schools John Doherty, Facilities Director Joe Huggins, School Committee Chairman Chuck Robinson, Director of Human Resources and Finance Mary DeLai, RCTV Director Phil Rushworth and a photographer from Channel 7. Discussion/Action Items Water Emer eg ncy - This was an emergency meeting of the Board of Selectmen. The notice was given to the Chronicle, Advocate, RCTV and the Boston Globe 'on Sunday, May 2nd at approximately 12:00 p.m., was posted at approximately 8:30 a.m. on May 3rd, and does meet the requirements of posting an emergency meeting under the Open Public Meeting Law. The sole purpose of tonight's meeting is to give the Board of Selectmen a report and update on the water emergency that began at 4:08 p.m: on Saturday evening. At that, time, the Town was noticed that the Town of Reading and 29 other communities in the eastern Massachusetts area were placed under "boil water" orders by the Governor because of a major pipeline break in the MWRA water supply line in Weston, Massachusetts. The Town Manager reviewed the steps that were taken through today in informing the community, providing a water distribution process, and dealing with all other matters relating to the emergency. He distributed a memo dated May 3, 2010, an updated memo dated May 3, 2010 outlining emergency notes, a' copy of the emergency water distribution information to date, a copy of the notification by the MWRA at 12:15 p.m. on Saturday, May 1st regarding an emergency water notice, and asking people to stop using the water for the next few hours, and a notice dated May 1, 2010 at 4:08 p.m. placing 30 communities on a "boil water" order and emergency water use regulations. The Town Manager noted that we did our best with emergency notification but had some problems because of our slow Reverse 911 system, and awakening people in the middle of the night with recorded messages from that system. For the notification on Sunday afternoon regarding the water distribution starting on Monday, the Town. used a contracted Reverse 911 system which notified all of the residents within a 3 '/Z hour period. The Board asked that we have further discussion on improvement in the emergency notification process. On motion by Bonazoli seconded by Anthony, the Board of Selectmen voted to adiourn the meeting of May 3, 2010 at 7:00 p.m. by a vote of 4-0-0. Respectfully submitted, Secretary G' ,5 TOWN OF READING Number: 2010-3 Fee: $50.00 This is to certify that the AUSTIN PREPARATORY SCHOOL, 101 WILLOW STREET, READING, MASS. THE ABOVE NAMED NON-PROFIT CORPORATION IS HEREBY GRANTED A SPECIAL ONE-DAY LICENSE FOR THE SALE OF ALL ALCOHOLIC BEVERAGES TO BE SERVED ON THE PREMISES AT AN ALUMNI NETWORK FUNCTION TO BE HELD ON THURSDAY, MAY 13, 2010 BETWEEN THE HOURS OF 5:00 P.M. TO 10:00 P.M. Under Chapter 138, Section 14, of the Liquor Control Act. Holders of the license must purchase all liquor from a licensed wholesaler. Holders of one day licenses shall provide a bartender and/or servers who are trained and authorized to make decisions regarding continued service of alcoholic beverages to attendees. There shall be no self service of any alcoholic beverage at any event approved as a one day license. This is granted in conformity with the Statutes and Ordinances relating res aLV:00 p.m., May 13, 2010, unless susp,fn Aed or revoked. Date Issued: May 4 , 2010 / t , L~CSC' ) ccomcast c. ~ k April 29, 2010 2010 MAY -3 AM 11: 35 Board of Selectmen Town of Reading 16 Lowell Street Reading, MA 01867 Re: Channel Lineup Changes and Price Listing Updates Dear Chairman and Members of the Board: We are writing to share some channel lineup changes with you and updates to our price listing. Effective June 1, 2010, we will be making changes to our channel lineup. Enclosed please find a copy of the notice detailing the changes in your community. The notice also contains a correction to the price adjustment notice related to the availability of Standard-Definition Digital Video Recorders and a clarification around the applicable charges for a High-Definition Digital Video Recorder. Customers received the notice with their April billing statement. Effective August 1, 2010, Comcast will no longer offer non-digital set-top boxes. Digital equipment will continue to be available to customers with older televisions requiring a device to see all the channels in their respective service level. In addition, beginning August 1, 2010, a Name Change Fee of $1.99 will apply to any account requesting a transfer to a new account holder. The new account holder will need to verify their acceptance of the account and related charges before the account will be transferred. Lastly, our price adjustment notice did not provide the monthly Digital Additional Outlet Charge for customers with a CableCARD. We sent a follow up notice to customers indicating that this monthly charge was decreasing from $6.95 to $6.00. Should residents contact you with questions regarding these changes, please do not hesitate to direct them to our toll free customer service number: 1-800-COMCAST. Our Customer Account Executives are available 24 . hours a day, 7 days a week to answer any questions they may have regarding Comcast products, services and prices. As always, if you should have any questions or concerns regarding this matter, or any other cable matter, please feel free to contact me at 978-927-5700, ext. 4409. Sincerely, Jane M. Lyman Senior Manager of Government & Community Relations Enclosure pu ~~Ia 0 1 H ITY TV Lj In f a "~f s n V Vf__ ~ .@ IMPORTANT INFORMATION ABOUT YOUR CHANNEL LINEUP On 6/1/2010, the following changes will occur: • NEW! WENH Prime HD will be added to Basic Service channel 801.* • NEW! WUNI (Univision) HD will launch on channel 816.* • NEW! WUTF (Telefutura) HD will launch on channel 817.* • NEW! WENH Explore will be added to Basic Service to channel 296. A digital QAM tuner TV, digital set-top box or CableCARD equipped-device will be required to view. • WENH -11 (PBS) Basic Service channel 11 will no longer be available. WENH will be replaced by WENH-DT on channel 11 and will require a digital, QAM tuner TV, digital set=tbp box, or CableCARD equipped-device in order to view. • Planet Green HD will move from channel 815 to channel 911." • TV One HD will move from channel 816 to channel 912.** • NBA HD will move from channel 817 to channel 913.** • MLB HD will move from channel 818 to channel 914.** • Movieplex, located on channel 200, will move from the Digital Starter service level to the Digital Classic/ Preferred service level. A subscription to Digital Classic or Digital Preferred and a digital set-top box will be required to view. Movieplex will continue to be available with the following Triple Play packages: Starter XF, Preferred XF, HD Preferred XF, HD Preferred Plus XF and HD Premier XF. • RTPi will move from a part-time Expanded Basic Service channel to a full-time Basic Service channel and will remain on channel 98. • RAI, located on channel 98 as a part-time channel, will no longer be available on the Expanded Basic service level. A subscription to RAI channel 679 as a separate full-time premium channel will be required to view this channel after this date. IMPORTANT Information CORRECTION NOTICE The recent price change notification you received with your April 2010 billing statement should have stated that Standard Definition (SD) Digital Video Recorder Service will no longer be available effective June 1, 2010. If you currently subscribe to SD DVR Service you will continue to receive the service on existing outlets until you make a change or you receive further notice. In addition, the High-Definition Digital Video Recorder Service charge footnote #8, or if you are a new customer, footnote #16 on the price listing provided with your Welcome Kit, should have read: Comcast high- definition equipment required at an additional charge for the primary outlet. We apologize for any confusion these errors may have caused. * A HD QAM tuner W HD set-top box connected to an HDTV or CableCARD connected to a HD capable device is required to.view. A HDTV and HD set-top box or CableCARD connected to a HD capable device are required to view high-definition channels. 1.8001FINITY I Anity.com f M 5A3AFVFU V6 sa3afvruJndd 1 4/1110 8:23 AM U~ CORRECTION NOTICE The recent price change notification you received with your April 2010 billing statement should have stated that Standard Definition (SD) Digital Video Recorder Service will no longer be available effective June 1, 2010: If you currently subscribe to SD DVR Service you will continue to receive the service on existing outlets until you make a change or you receive. further notice. In addition, the High-Definition Digital Video Recorder Service charge footnote #8, or if you are a new customer, footnote #16 on the price listing provided with your Welcome Kit, should have read: Comcast high- definition equipment required at an additional charge for the primary outlet. We apologize for any confusion these errors may have caused. CC 0 m Cast.. sa3afvy8.indd 1 SA3AP/YB V34 3/31/10 10:05AM I v,3 LIC 05 LATHAM LAW OFFICES LLC 643 MAIN STREET READING. MA 01867 0. BRADI:.EY LATHAM' CHRISTOPHER M. O. LATH A M JOSHUA E. LATHAM" . ADMITTED TO PRACTICE IN MASSACHUSETTS AND NEW I39.ME. SffiRE May 3, 2010 Glen Redmond, Building Inspector Zoning Board of Appeals Reading Town Hall 16 Lowell Street Reading, MA 01867 RE: 680 MAIN STREET, READING, MASSACHUSETTS ZBA Case # 10-02 Dear Glen: TEL: (781) 9440505 PAX: (781) 9447079 Please accept this letter as a formal request to withdraw the application of CAC Foods, Inc., d/b/a Venetian Moon Restaurant, Case No. 10-02, scheduled for hearing on May 6, 2010, without prejudice. This decision is purely one of budget and timing. In reviewing the permitting and construction schedules, it is unlikely we could complete construction with sufficient time left in the outdoor dining season to justify carrying the costs into the winter. It is our intent to revisit permitting for the project next winter, with the hope to open early in the outdoor dining season. I will be in attendance for the other hearing scheduled that evening, and so will be available to answer any questions of the Board in this regard. Thank you. Respectfully, 6~Wua Latham 2018 mAy a-3 PH 3. 28 g V Page l of 1 , L/G 30s Schena, Paula From: Hechenbleikner, Peter Sent: Monday, April 26, 2010 11:21 AM To: Hayley Barrett Cc: Zager, Jeff; Reading - Selectmen; Schena, Paula Subject: RE: DPW compliment Jeff Another satisfied customer. Please thank those involved. I/c Board of Selectmen f 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.gov email town manager ci.reading.ma.us Please let us know how we are doing - fill out our brief customer service survey at http://readin„gma- surve r virtualtownhall net/survey/sid/de8bdaal6db9e6b4/ From: Hayley Barrett [mailto:hbarrett95@yahoo.com] Sent: Monday, April 26, 2010 11:17 AM To: Town Manager Subject: DPW compliment Dear Mr. Hechenbleiker, Like many residents this spring, my yard was inundated with water. We had twin lakes, each about two feet deep, which covered the majority of our one acre lot. The lake in the front yard briefly hosted a pair of ducks. I did not even think to call the town. Nevertheless, the DPW came to my rescue. Apparently, my neighbor had phoned, for assistance. While the men were draining that yard, they noticed mine. I spoke with them and they told me that they would return. To my delight, they arrived the next day and cheerfully and efficiently tools care of the front lake. I thought you should know how very pleased.I was to benefit from their efforts and expertise. Cordially, Hayley Barrett 0 4/26/2010 Page 1 of 2 tIC (o S Schena, Paula From: Hechenbleikner, Peter Sent: Thursday, April 29, 2010 8:10 AM To: Gorski, Lori Cc: Reading - Selectmen; Schena, Paula Subject: RE: Materials regarding 885 Main Street Lori We had gotten a copy of the application from the developer to the funding agency, MassHousing, for our comment. We put together fairly extensive comments. A site visit by MassHousing was scheduled, and then cancelled by MassHousing at the last minute because they wanted to meet with the applicant's consultant. MassHousing agreed with our comments that there were incomplete portions of the application, and there seemed to be inaccuracies. MassHousing indicated.to me that they thought that they would require a whole new application with the issues we raised addressed. I have heard nothing since - this all happened a couple of weeks ago. 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.gov email townmanager@ci.reading.ma.us Please let us know how we are doing - fill out our brief customer service survey at http://reading_ma- surv~.virtualtownhall. net/survey/sid/de8bdaa16db9e6b4/ From: Gorski, Lori [mailto: Lori. Gorski@genzyme.com] Sent: Wednesday, April 28, 2010 7:59 PM To: Hechenbleikner, Peter Subject: RE: Materials regarding 885 Main Street Hello Mr. Hechenbleikner, Would you mind letting me know if there have been any developments regarding the 885 Main Street/Splendid Splinter project? Thank you. Lori Gorski - 34 Duck Road From: Hechenbleikner, Peter [mailto:phechenbleikner@ci.reading. ma.us] Sent: Monday, March 08, 2010 12:22 PM To: Gorski, Lori Subject: RE: Materials regarding 885 Main Street Lori 4/29/2010 Page 2 of 2 Thanks. We will put this information together as soon as we can and email it to you. 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.gov email townmanager@ci.reading.ma.us Please let us know how.we are doing - fill out our brief customer service survey at httpWreadinama- survev virtualtownhall.net/survgy/sid/603ffd2e45471753/ From: Gorski, Lori [mailto: Lori. Gorski@genzyme.com] Sent: Monday, March 08, 2010 10:57 AM To: Town Manager Subject: Materials regarding 885 Main Street Dear Mr. Hechenbleikner, Thank you for contacting me regarding the format for the materials relating to 885 Main Street. Electronic files are great and you can send them to me at this email address. Thanks again - sorry I missed you this morning at the train station. It's great to see a new business hit that important one-year milestone. Lori Gorski 34 Duck Road Lori Gorski Associate Director, Corporate Communications Genzyme Corporation I Genzyme Center 500 Kendall Street ( Cambridge, MA 02142 Tel: 617-768-9344 Email: lori•gorski@genzyme.com Mobile: 508-410-0104 4/29/2010 Page 1 of 2 ,?~G gaS Schena, Paula From: Hechenbleikner, Peter Sent: Tuesday, May 04, 2010 7:56 AM To: Reading - Selectmen Cc: Schena, Paula Subject: FW: Comment on Boston Herald story 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.gov email townmanager@ci.reading.ma.us Please let us know how we are doing - fill.out.ourbrief customer service survey at http://readingma- surve virtualtownhall net/survey/sid/de8bdaa16db9e6b4/ From: Hechenbleikner, Peter Sent: Tuesday, May 04, 2010 7:55 AM To: Feeley, Paul; Melissa Russell (mrussell@cnc.com) Cc: Burns, Greg Subject: FW: Comment on Boston Herald story Paul, Melissa You have both asked for comment from the Town regarding the story that appeared in the Herald re FF Palermo's litigation with the Town. The following is our statement, and obviously we cannot comment more because of pending litigation. "This matter is in litigation. The placement of this story carries out a threat by Fire Fighter Palermo's attorney to pressure the Town into settling the case for monetary compensation. The Herald story ran over a year after Palermo actually filed suit. The Town acted properly once it found out about the allegation of harassment. The investigator hired by the Town found that there was no sexual harassment. The Town will not be pressured in this manner." Peter I. Hechenbleikner Town Manager Town of Reading 5/4/2010 Page 2 of 2 16 Lowell Street Reading MA 01867 phone: 781=942-9043 fax 781-942-9071 web www.readingma.gov email townmanager@ci.reading.ma.us Please let us know how we are doing - fill out our brief customer service survey at http://readingma- surve virtualtownhall.net/survey/sid/de8bdaa16db9e6b4/ g~~ 5/4/2010 IfY G [1> a> Schena, Paula From:. Hechenbleikner, Peter Sent: Tuesday, May 04, 2010 3:07 PM To: Reading - Selectmen; Alan E. Foulds Cc: Schena, Paula Subject: Article 13 I understand that Kara Fratto had a conversation with the Town Clerk about filing a referendum petition under the following sections of the Charter. This would require approximately 500 signatures. No final affirmative vote of a Town Meeting on any Warrant Article shall be operative until after the expiration of seven (7) days following the dissolution of the Town Meeting except the following: (a) a vote to adjourn or dissolve; (b) votes appropriating money for the payment of notes or bonds of the Town and interest becoming due within the then current fiscal year; (c) votes for the temporary borrowing of money in anticipation of revenue or; (d) a vote declared by preamble by a two-thirds vote of Town Meeting to be an emergency measure necessary for the immediate preservation of the peace, health, safety or convenience of the Town. If a referendum petition is not filed within the said seven (7) days, the votes of the Town Meeting shall then become operative. [Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 2005] If, within said seven (7) days, a petition signed by not less than three (3).percent of the voters certified by the Registrars of Voters, containing their names and addresses; is filed with the Board of Selectmen requesting that any question be submitted to the voters, then the operation of such vote shall be further suspended pending its determination as provided below. The Board of Selectmen shall; within ten (10) days after the filing of such petition, call a Special Election that shall be held within thirty (30) days or such longer period as may be required by law after ' issuing the call, for the purpose of presenting to the voters any such question. If, however, a regular or special election is to be held not more than sixty (60) days following the date the petition is filed, the Board of Selectmen may provide that any such question be presented to the voters at that election. Any question so submitted shall be determined by a majority vote of the voters voting in said election, but no action of the Town Meeting shall be reversed unless at least twenty percent (20%) of the eligible voters vote in such election. Each question so submitted shall be in the form of the following question which shall be placed on the official ballot: - "shall the Town vote to approve the action of the representative Town Meeting whereby it was voted (brief description of the substance of the vote in substantially the same language and form in which it was stated when presented by the Moderator to the Town Meeting, as appears in the records of the Clerk of the meeting)"? 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.gov email town managerCcDci, reading. ma. us Please let us know how we are doing - fill out our brief customer service survey at http://readingma- surveyvirtualtownhall net/survey/sid/d.e8bdaal6db9e6b4/ UL C/ V LL AdowwAk C7 Z Y V F- w Cn Cn CU U L- N d' N N 0O l*- LO W w O O 00 C) Cv LO T- d" O O M t O d' dt d' 't fa 'a m O C~ ~t m m N 00 d^ 0 0 0 CD . M c . 0 3 t` T- L L C'7 M N I`- h- P- t`- a tom- t` h- C9 to d" co N T- T- IC- T- E y_ 69- Gc} Efl 6c). 69. 61). ffl, 69- Gq 6c~ 69. 6C} Q (1) O 0 d - M ti U') O m LO LO It LO 7 "D ~ Un 00 ~t~ O CO dt co .t 0-) c w 0) -l N Un L{) O N G L (0 O _ ~ 69. 6~ 60- V- T- 69- EF} CS7 69- 63- . 6q 'o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O Efl1 V f~- ~ Imo- O O 69- 6q 6:), 6*} 69- 6ci- 69~ 61)- (A- {f} 6c~ 619- -t 69- Q O ~ ~ c9 t- C)7 00 O c~ f- d; ~f: d; d: L, C) f-- N 00 r C'0 00 O C9 (9 C9 C0 O L() LO LO 't d- CM N N r- _ G i "0 C9 00 US) N , w t` (.0 m CD C C N 6 C)0 C'7 6 4 6 6 N 6 ~ O = ct- ~ L CU 00 00 w m 00 w w 00 00 co co co O G U-) LO LO LO Lo U) U1) U) UD Lo LO LO ~ o = Q N L s. co O i O g N 0 > 0 U 0 t10 CU - L cc CL p !5 Q w O z o ~ LL 2 <C 2 4/G 3 czS FORESTRY-TREE WARDEN'S REPORT Seventy hazardous trees were removed. These trees were dead or in a dangerous condition as to be a threat to public safety. Seventy-five hazardous tree stumps were removed from the tree lawns, parks, schools and playgrounds for. public safety. sixty- three trees were trimmed. Dead wood and low branches were .removed from the public trees as requested or observed. Thirty trees were planted by the Town as street trees The varieties included Columnar Maples, Zelcova, Sweet Gum, Linden,Pear,Tuliptree and Shapora. Seventy -three trees were planted in 'as part of the Downtown project. The Compost Center on Strout Avenue continues to accept brush and leaves from residents. 40,500 cars entered the Compost Center in 2009. Residents are required to purchase stickers for use of the compost center. The holiday lighting put up by the tree crew in the town square was once again very successful. There were. 20,000 colored bulbs installed on the common. RMLD donated 40 strands of the new LED lights. The Town of Reading was awarded "Tree City USA" for the Twenty-fourth consecutive year by the National Arbor Day Foundation. Five hundred Colorado Spruce trees were purchased and distributed to all the fifth graders. Thanks to the Reading Rotary Club that has sponsored and assisted in this program to make "Arbor Day 2009" a success in Reading. A special thanks to all the committees and commissions working toward, the preservation of Reading's public shade trees. Respectfully Submitted - Robert L. Keating, Supervisor-Tree Warden