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HomeMy WebLinkAbout2010-09-21 Board of Selectmen HandoutDRAFT MOTIONS BOARD OF SELECTMEN MEETING SEPTEMBER 21, 2010 Bonazoli, Anthony, Schubert, Goldy, Tafoya Hechenbleikner 4c) Move that the Board of Selectmen close the Warrant consisting of Articles to held on November 8, 2010 at 7:30 .p.m. at the Reading Memorial High School Auditorium, 62 Oakland Road, Reading. 4d) Move that the Board of Selectmen close the hearing for SammyJo's Bakery early opening at 5:00 a.m. Move that the Board of Selectmen approve an application by SammyJo's Bakery at 2 Haven Street to open at 5:00 a.m.; Monday through Friday, effective September 22, 2010, and excluding State designated holidays. This approval will expire December 31, 2010. The Board of Selectmen finds that in accordance with Section 5.10.4 of the General Bylaws: • It is in the. interest of the public health, safety and welfare or that public necessity or convenience will be served by permitting such operation; and • There is. no detrimental effect of such operation on the Town or the immediately abutting neighbors. 4g) Move that, pursuant to the provisions of Section 8C of Chapter 40 of the Massachusetts General Laws, the Board of Selectmen approve (in accordance with the request of the Conservation Commission) the conveyance of 4.29 acres, more or less, shown as Lot A on a plan recorded as Plan No. 1286 of 2006 in the Middlesex South District,-from Deer Run Developers, Inc. to the Town of Reading, under- the care, custody, management and control of the Conservation Commission. 4h) Move that the Board of Selectmen approve the agreement between the Town of Reading and PIR Cedar Glen, LLC regarding the property at Cedar Glen, located at 2 Elderberry Lane, Reading, Massachusetts. 4h) Move that the Board of Selectmen go into Executive Session to consider the purchase, exchange, lease or value of real property, and that the 0 TOWN MANAGER'S REPORT Tuesday, September 21, 2010 Administrative matters ♦ RCASA's President Nancy-Linn Swain, and former RCASA member and current Board of Health member Barbara Meade have been recognized by President Barack Obama for their volunteer service. Awards will be presented at the RCASA annual meeting on September 30 ♦ The Fall Quarterly issue of Your Community Connection is being developed and will be. available electronically on October 1 on the Town web site. ♦ Killam School has invited a number of Town government officials to the school tomorrow morning to celebrate some of the improvements to the school, including the installation of the new playground. Speaking for our employees, the School Department and the Killam community have been a delight to work with on these projects. Community Development ♦ The Reading Fall Street Faire was again an overwhelming success, The volunteers, led by Sheila Clarke and Steve Goldy, deserve. all of the credit for its success; supported by staff from DPW, Health, Fire, and Police; and supported by the business community and by the citizens of Reading. o Grumpy Doyle's is the most recent restaurant business to open in Reading - last Thursday night. Business appears to be booming. Public Safety Public Works ♦ Recycling and rubbish changes the week of October, 4. Detailed information is on the front page of the web site and a flyer is being mailed to the entire community. Construction projects in progress or to be done this year: ♦ Road Improvements - • Temple Street - Roadway, sidewalk and curbing complete. All loam installed and seeded except - Small section leading to Woburn needs to be seeded and staging area at school driveway needs to be top dressed and seeded. All remaining loam and seed should be completed before the end of the week. • Harrison Street - Base course and curbing are complete: Stormceptors have been delivered, Highway Division to install next week. Roadway work to resume the beginning of October along with other streets below. • Arlington Street (Woburn St. to Prescott St.), - Work to start beginning of October and should be completed by end of October. • Haverhill Street (Wakefield St. to Timberneck Dr.), - Work to start beginning of October and should be completed by end of October. Marla Lane (Forest St. to Spruce Rd.), - Work to start beginning of October and should be completed by end of October. • Manning Street (Salem St. to Pleasant St.), Pleasant Street (Manning St. to end), Smith Avenue (Eaton St. to end), - Highway Division project - Smith, Manning, Lewis, and County (between Lewis and Howard) have been completed. One section of County (near end of street at bend) will be completed within a week. • Memorial Park Project nearly complete, ponds are loamed and seeded, most .other areas loamed; area disturbed between ponds and construction fence (Harrison side) and loam storage area remains to be loamed. All loam and hydro seeding is expected to be completed by the end of the week. Trees to be installed in October; benches to be installed when delivered. Barrows site master plan Committee established. First meeting is September 21. Dates and Events: ♦ Household Hazardous Waste Collection - September 25 in Wakefield ♦ RCASA Annual Meeting - September 30 - 7 PM - joint posted meeting with RCASA, School Committee, and Board of Health ♦ State Election - November 2 ♦ Subsequent Town Meeting - November 8 D w ~ ~ ~ N N ~ N N C5 o C.) M ® ~ N M MASSACHUSETTS MUNICIPAL ONE WINTHROP SQUARE, BOSTON, MA 02110 ASSOCIATION 617-426-7272 • 800-882-1498 • fax 617-695-1314 • www.mma.org CITIES, TOWNS AND TAXPAYERS NEED MUNICIPAL HEALTH INSURANCE REFORM Local Control Over Health Insurance Plans Would Save Taxpayers $100 Million AN OPEN LETTER TO ALL CANDIDATES FOR THE LEGISLATURE September 2010 Dear Candidate, Congratulations on winning your party's nomination for the Legislature. On behalf of the cities, towns and local taxpayers of Massachusetts, we are writing to you concerning the single largest budget buster that communities are struggling with: the skyrocketing cost of municipal health insurance. We urgently call on you to support reform legislation to give municipalities control over their health insurance costs. This vital reform would simply give local officials the same power the state has to shape employee health plans, and save taxpayers up to $100 million a year. This call for plan design reform has been embraced by municipal leaders from across the Cormnonwealth, and by leading organizations, including the Massachusetts Taxpayers Foundation, Associated Industries of Massachusetts, the Boston Foundation, the Boston Municipal Research Bureau, local Chambers of Commerce, and others. In February, the Boston Globe provided a rich outline of the crisis in municipal health costs, and days later The Boston Foundation released an 80-page report, The Utility of Trouble - Leveling the Playing Field. Giving Municipal Officials the Tools to Moderate Health Insurance Costs. The Boston Foundation's conclusion is that we must "level the playing field between state and local health benefits management by removing the requirement that municipal officials must collectively bargain plan design changes." Total local aid is $825 million lower than what it was two years ago. Communities are in fiscal crisis, and health insurance refonn offers meaningful savings and relief that taxpayers deserve. There is no excuse for keeping the unique and special veto power that municipal unions hold over health plan changes - this veto power is costing taxpayers millions of dollars a year, forcing cuts in essential municipal and school services that are crowded out by soaring health costs, and forcing the elimination of teachers, firefighters, police officers and other key employees. Without real reform, taxpayers will continue to pay millions more than they should, which will force even more service cuts and layoffs. Local Taxpayers are Forced to Pay Millions More for Employee Health Benefits While health insurance costs are a problem for everyone, municipalities have been forced to pay much more than necessary because of Chapter 32B, the state law that gives municipal unions a veto over common-sense changes that would reduce the cost to taxpayers. Over the past ten years, cities and towns have seen their health insurance costs rise by over 150%. Health insurance is the biggest budget buster at the local level, accounting for as much as 15% of local budgets, squeezing out vital services and costing local taxpayers more and more every year. The state has been able to moderate the cost of employee health benefits by implementing increases in co-pays and deductibles, just as the federal government and private employers have done. But communities have been blocked by the Chapter 32B bargaining mandate, and are trapped in outdated plans that are too costly. Local Government Needs the Same Authority the State Uses to Design Health Insurance Plans Cities and towns are locked into overly expensive health plans because they cannot gain the required union approval to implement cost-savings, while the state has exempted itself from this mandate, and D routinely implements basic decisions on health insurance outside of collective bargaining, such as increasing co-pays and deductibles to lower the cost of their plans. The state must end this double standard by giving cities and towns the same authority to design health insurance plans outside of collective bargaining. We estimate that most cities and towns would be able to lower their health insurance costs by 4-6%, or as much as $100 million statewide. For example, the City of Boston could save well over $1 million a month, and the City of Salem could save $1 million a year. This is real savings that taxpayers deserve. Of course municipal unions oppose this reform. That's not a surprise, but as the Boston Foundation points out "The growing cost of health care is a job-killer. We have union leadership that is reluctant to see changes, but how can they accept a situation that makes municipalities grow steadily weaker and less able to maintain the workforce they need? We need unions to align themselves with the communities they serve." Some state officials have tried to defend the status quo by claiming that labor "has a seat at the table" on the state Group Insurance Commission - but the fact is the 15-member GIC has just 4 labor seats, and the Governor appoints the remaining 11 commissioners who make all the decisions. State officials may be unaware that every city and town already has an Insurance Advisory Committee made up of representatives labor unions, and communities are required to consult with their IAC on all health insurance matters before taking action - this is much more real than what the state claims is their inclusive process. Rhetoric aside, there is no comparison with the state's mandate that cities and towns must go through full collective bargaining and receive union approval before making co-pay and deductible changes in health plans, and the state's power to out-vote labor and impose changes at will. This double standard costs local taxpayers millions of dollars each year! Cities and Towns Need Plan Design Control This past session, the Massachusetts Municipal Association endorsed H. 2509 to eliminate the double standard in state law, and give cities and towns the same power the state has to irnplement necessary cost savings changes in municipal health insurance plans. This is a very focused and moderate proposal. Under the bill, municipalities would still negotiate any changes in the employee-employer premium share, giving municipal unions more bargaining authority than state unions. Municipalities would be able to modernize the health plan design outside of collective bargaining, with a guarantee that all municipal and school employees would still have health plans that are the same or better than what state employees receive, meaning no municipal plan would have higher co-pays or deductibles than the state. The bill simply gives plan design parity to cities and towns. In short, the legislation saves taxpayers money, protects municipal union jobs, guarantees equity with state employee health benefits, and still leaves municipal unions with more bargaining power than state unions. This is a balanced, meaningful and fair reform. Communities are facing a true fiscal crisis. This is the time for real reform and real action. This is the time to pass plan design reform - fiirther delay will only serve to hurt taxpayers, municipal employees and the public. We ask you to support this straightforward and necessary measure. Thank you very much. Sincerely, "Ieff el<;rl Geoffrey C. Beckwith Executive Director (9 Massachusetts Municipal Association Election 2010 act Sheet CITIES, TOWNS & TAXPAYERS NEED HEALTH INSURANCE PLAN DESIGN CONTROL NOW FACTS ALL CANDIDATES FOR THE LEGISLATURE & GOVERNOR SHOULD KNOW ABOUT MUNICIPAL HEALTH INSURANCE REFORM AND PLAN DESIGN CONTROL State Law is Forcing Local Taxpayers to Pay Millions More for Employee Health Benefits. Cities and towns are struggling under the crushing burden of skyrocketing health insurance costs for municipal employees. Municipalities and taxpayers are forced to pay much more than necessary because of a state law that gives municipal unions a veto over common-sense changes that would reduce the cost of insurance plans. * Over the past ten years, health insurance costs for cities and towns have risen by 150%, while spending on everything else from public safety to education to repairing our roads has increased by only 30%. * Health insurance is the biggest budget buster at the local level, accounting for up to 15% or more of local budgets, squeezing out vital services and costing local taxpayers more and more every year. * Without real health insurance reform, corn munities will continue to pay too much for employee health benefits, which will force even more school and municipal service cuts and layoffs while local taxpayers pay millions more than they should. Local Government Must Have the Same Authority the State Has to Design Health Insurance Plans - This Would Save Local Taxpayers $100 Million a Year. Cities and towns have worked hard to control health insurance costs, but they operate under Chapter 32B, a state law that requires localities to receive union approval before implementing changes in health insurance plans, while the state has exempted itself from this mandate, and routinely implements basic decisions on health insurance outside of collective bargaining, such as increasing co-pays and deductibles to lower the cost of their plans. * The state must end this double standard by giving cities and towns the same authority to design health insurance plans outside of collective bargaining. * This one reform is the most effective way to bring irnmediate fiscal relief to all cities and towns. * Most cities and towns would be able to lower their health insurance costs by 4-6%, or as much as $100 million statewide. For example, the City of Boston could save over $1 million a month, and the City of Salem could save $1 million a year. This is real savings that taxpayers deserve. Real Reform Means Giving Health Plan Design Control to Cities and Towns. Cities and towns need the same power the state has to implement necessary cost savings changes in municipal health insurance plans. Municipalities should be able to modernize their health plans outside of collective bargaining, with a guarantee that all municipal and school employees would still have health plans that are the same or better than what state employees receive. These measures would save taxpayers $100 million a year, protect municipal and school services that are being crowded out by skyrocketing health costs, and save the jobs of local teachers, police officers and firefighters. It's Time for All Candidates for the Legislature and Governor to Stand Up for Real Reform. Because this is a controversial issue, state officials have refused to pass real municipal health insurance reform. The truth is that the current system is unaffordable, and this is the balanced, meaningful and fair reform our communities need. It is vitally important that all candidates for the Legislature and Governor break this logjam by pledging to pass plan design reform in January 2011 - more delays will hurt taxpayers, municipal employees and the public. * Plan design reform has been endorsed by local leaders across the state and leading organizations including the Save Our Communities Coalition, The Massachusetts Municipal Association, The Massachusetts Taxpayers Foundation, Associated Industries of Massachusetts, Stand For Children, The Boston Foundation, local Chambers of Commerce, and The Boston Municipal Research Bureau. * Massachusetts can no longer afford the current system, which costs taxpayers too much, crowds out essential local services, and forces layoffs of teachers, firefighters, police officers and other key workers. * This legislation is fair because it is written with a guarantee that municipal and school employees will continue to receive health benefits that are at least equal to what state employees receive. * This legislation will save taxpayers honey, protect local services, guarantee equity with state employee health benefits, and still leave municipal unions with more bargaining power than state unions. * This reforin will protect vital services such as police and fire protection, education, road repairs, senior and youth programs, and libraries from being crowded out by spiraling health costs. Massachusetts Municipal Association • 1 Winthrop Sq., Boston, MA 02110 • 617-426-7272 • www.mma.org e eommonwealt of a!95ar u!9ett5 c S MIDDLESEX DISTRICT ATTORNEY n w 15 COMMONWEALTH AVENUE WOBURN, MA 01801 WWW.MIDDLESEXDA.COM 9 GERARD T. LEONE, JR. TEL: 781-897-8300 DISTRICT ATTORNEY FAx: 781-897-8301 September 13, 2010 EXECUTIVE • ADMINISTRATION • COMMUNICATIONS ' • INTERVENTION & PREVENTION PROGRAMS Human Resources Office ' PUBLIC POLICY Town Hall • LEGISLATION 16 Lowell Street • VICTIM WITNESS BUREAU Reading, MA 01867 TRIAL TEAMS • CAMBRIDGE REGION Charlene Peter DeGennaro and Commonwealth v RE: Commonwealth v SUPERIOR COURT . . Connors • MALDEN REGION SUPERIOR COURT • WOBURN DISTRICT COURT Dear Human Resources Department, SPECIALTY UNITS • APPEALS & TRAINING I wanted to take a moment and inform you of the dedication and BUREAU . commitment shown by Glen Redmond in the above criminal matter. The two • CYBER PROTECTION PROGRAM defendants were recently convicted of embezzling money from two • FAMILY PROTECTION The two were also indicted for homeowners in the town of Wilmington BUREAU U . several 142A offenses involving a construction company doing business as NIT • CHILD ABUSE • DOMESTIC VIOLENCE UNIT House Watch of New England. Mr. Redmond was always willing to help • ELDER/DISABLED UNIT with case and trial preparation. In addition to the embezzlement charges, Mr. • PUBLIC PROTECTION, DeGennaro was also convicted of several home contracting fraud violations, ANTITERRORISM, CORRUPTION& including abandoning the construction projects Mr. and Mrs. Shindleman's TECHNOLOGY (PACT) home in Reading. STATE POLICE DETECTIVES On August 4, 2010, Ms. Connors and Mr. DeGennaro were sentenced • COMPUTER FORENSICS DeGennaro received an rison term for the embezzlement and Mr to a state . HOMICIDE . p • PACT additional from and after sentence to be served in the House of Correction in Billerica for the home improvement contracting fraud violations. Mr. REGIONAL OFFICES Redmond was extremely helpful in our case preparations and at trial, and • CAMBRIDGE without his hard work and dedication we may not have been as successful. • FRAMINGHAM • LOWELL Si cere , DISTRICT COURT OFFICES • AYER • CAMBRIDGE ssistant District ttorney • CONCORD Elisha Willis • FRAMINGHAM Doug Cannon LOWELL 15 Commonwealth Ave. MALDEN • MARLBOROUGH Woburn, MA 01801- NATICK • NEWTON CC: Glen Redmond • SOMERVILLE • WALTHAM • WOBURN PaA TAG ® Primed on recycled paper Fax: (781) 942-5441 Website: www.ci.reading.ma.us 'own of Reading. 16 Lowell Street Reding, MA 01867-2683 PUBLIC WORKS (781) 942-9077 STREET PAVING NOTICE September 16, 2010 Please be advised that, beginning within the next couple weeks, the Town of Reading, Department of Public Works will be resurfacing the following streets: Arlington Street, Haverhill Street (Timberneck Drive to Wakefield Street), and Marla Lane. It is our goal to have the work completed within two weeks of the start date. To complete this endeavor, we are asking you for your assistance. We ask you for the following: 1. Please do not park on the travel way or on the sides of the roads. Cars parked on the travel way during construction will slow down the work and force us to tow the vehicles out of our way. 2. During the paving operations the road, at times, may be impassable. If you need to travel during the paving day, we ask that you move your car to a side street so that you will not be blocked in. It is expected that, for each street, the completion of the paving operation will take less than one day. 3. Please have your trash placed out at the curb, on your day of trash collection, by 6:30 AM. During days that the road is closed and it is your trash collection day, the Town may have to pick up your trash earlier than you may be use too. 4. Please obey the directives of the police details, workers and warning signs during all construction operations. 5. Most importantly, we ask you for your continued support and patience during this project. If you have any questions or require additional information, please do not hesitate to contact the Engineering Division at 781-942-NOWT (781-942-6691). 9 TO: Board of Selectmen Date: Tuesday, September 21, 2010 Re: Pearson Meeting On 9-1-10 the following people met at Pearson's request in order for them to introduce to the Town the developer that they (Pearson) have selected to purchase their Reading property. Developer: Reid Blute, Pulte Homes, Senior Land Manager Michael Rosati, Marchionda and Associates Engineers, Land planner Mark Mastroianni, Pulte Homes, Land Entitlement Manager Mark Comeau, Pulte Homes, Senior Land Manager Patricia Gips, Broker Pearson: Tom Jozkowski, Pearson VP Facilities Richard Berzine, Berzine & Co George Nugent, CB Richard Ellis Town of Reading Peter Hechenbleikner, Town Manager Jean Delios, Town Planner and Community Services Director Steve Goldy, Member of the Board of Selectmen. John Weston, Member of the Community Planning and Development Commission Mr. Reid Blute from Pulte Home introduced Pulte Homes. They are a publically traded company that has been in business for 60 years. They are well capitalized, are the largest home builder in the U.S., and are headquartered in Detroit. The Company is in 69 markets in 29 states, and their local office for New England is in Westborough MA. Pulte Homes NE is active in eastern MA, RI, and CT.. They are doing a major development in Pine Hills in Plymouth MA, and have ongoing active development in RI. Financing for developments will be done internally. Pulte has $1.9 billion in cash. There are 56 Pulte NE employees working now in 9 communities.. They are the largest residential developer in MA and sold 200 homes last year. Nationally Pulte sold 15,000 homes last year. • Page 1 Pulte is an exclusively residential developer, and they build for sale only. Housing types include single family detached homes, townhomes, and garden style condos a maximum of 4 stories. They propose to build "Reading Woods" according to existing zoning, and will meet all of the obligations as specified in the National Development agreement between the Town and the former developer. The product on this site will be 16 townhomes, and the remainding 400+ units would be in 3 and 4 story buildings with some of the parking underneath. Their typical buyers are pre-family and empty nesters. One of their "brands" is Del Webb. Pulte has built 40B developments (Natick) and other senior developments. Pulte offers financing through their own mortgage company. They offer a 10 year warranty on their homes, and have their own service department. They have won 21 customer services awards from JD Powers. Some local developments that are in this general area include: o Natick MA - south of the MA Pike - Rt. 9 - 40B development, no age restrictions, 268 units - flats and townhouse ♦ Great Island (Pine Hills) in Plymouth MA. 600 homes (they have just sold #,450). Over 55 development - marketed under the Del Webb brand e Danvers ♦ North Andover -.route 133/114 Garden condos - 40 B development e North Andover - Middleton area. 1 family homes s Waltham - mixed - 19 townhouse units and garden style. condos in 6 buildings. 268 units,. Off Trapelo Road Pulte indicated that they have studied all existing materials with regard to the site including the National Development developers agreement, and zoning. They have become thoroughly familiar with the site, and developed a concept plan very similar to the residential portions of the National Development plan. The proposed development is all residential and 100% home ownership. Returns to the Town would include: o Estimated permit fees - $500,000 ♦ Projected annual property tax @ $140,000,000 assessed value - $2,000,000 ♦ Limited public expense -1 school child per 10 units ♦ Private infrastructure - no municipal expense ♦ Trash. Collection - Town Manager noted that the Town picks up trash and recycling at condos ♦ 40R payments from the state - $3000/unit - $600,000 ♦ Development agreement responsibilities - Pulte will meet obligations: o Improved storm water management from the site o Sewer 1/1- $600,000 o MWRA water buy-in - $400,000 o Gateway improvements - $10,000 0 Page 2 ~v The Town Manager expressed concern that this was not a mixed use development - there is only residential - no office. Pearson commented that there is no foreseeable market for office and nobody can get financing for office in this climate, even if they had leases signed in advance. With respect to schedule, Pulte plans: o Permitting this fall - 90 to 120 days. ♦ By end of October Pulte had money at risk e Take title 12-31-10 ♦ Building demolition during the winter ♦ Start site work late spring ♦ Start building construction late summer - start with the 40R area e First sales - late 2011 /early 2012 Total units 424 - 40 would be affordable. Pulte will sell the units with their own sales people at model units - will work with local brokers. The. Town Manager asked what they would do in terms of sustainable or green development, and Mr. Blute indicated they would look at what they can do. The Town Manager asked about more detail on the number of units and number of bedrooms per unit by segment, and projected sales price. Mr.. Blute sent the attached information in response to this request and it is attached following this memo. 0 Page 3 READING WOODS Summary Unit/Bedroom Counts (All 4 Subdistticts) # Units # Bldgs # Units # Bedrooms # Bedrooms Bldg Type (per bldg.) (subdistrict) (subdistrict) (per bldg) (subdistrict) Subdistrict A 16 Townhouse Units Townhouse 4 4 16 12 Sub-Total 16 48 Subdistrict B 86 Senior Independent Living Units 36 Unit 36 1 36 68 68 50 Unit 50 1 50 77 77 Sub-Total 86 145 Subdistrict C 200 Gateway Smart Growth Units 50 Unit 50 4 200 77 308 Sub-Total 200 308 Subdistrict D 122 Senior Independent Living Units 36 Unit 36 2 72 68 136 50 Unit 50 1 50 77 77 Sub-Total 122 213 TOTAL 13 424 714 0 Page 4 SUBDISTRICT A 16 TOWNHOUSE UNIT'S Townhouse Building # Units Unit size Bedrooms Bedrooms ossib e Unit Type (per bldg,) (sq. tt) (per unit) (per bldg.) Sales Price Manchester 2 2021 3 6 5345,000 Lancaster 2 2117 3 6 $355,000 TOTAL 4 12 $350,000 PROPOSED SUBDISTRICT A SUMMARY Units # Bldgs # nits # Bedrooms Bldg Type (per bldg.) (sub A) (sub A) (per bldg) Townhouse 4 4 16 12 TOTAL 16 48 PROPOSED UNIT STUDY e Units # Bidgs. 3 bed nits Bldg Type (per bldg.) (per Sub A) (sub A) Townhouse 4 4 16 TOTAL 16 • Page 5 06") SUBDISTRICT B 86 SENIOR INDEPENDENT LIVING UNITS Unit Type (per bldg.) (sq. ft.) (per unit) (per bldg.) A 8 1702 2 16 B 8 1806 2 16 D 13 1396 2 26 E 3 1580 2 6 G 4 97.3 1 4 TOTAL 36 68 50 Unit Building # Units Unit Size Bedrooms Bedrooms Unit Type (per bldg.) (sq. ft.) (per unit) (per bldg.) C 6 1102 1 6 F 3 1208 2 6 H. 8 1410 2 16 I 16 1542 2 32 1 12 1028 1 12 K 1 1025 1 1 M 4 1093 1 4 TOTAL 50 77 PROPOSED SUBDISTRICT B SUMMARY # Units # Bldgs # Units # Bedrooms # Bedrooms Bldg Type (per bldg.) (sub B) (sub B) (per' bldg) (sub B) 36 Unit 36 1 36 68 68 50 Unit 50 1 50 77 77 TOTAL 86 145 PROPOSED UNIT STUDY # 1 bed Units # 2 Bed Units ' # Bldgs. # 1 Bed Units # 2 Bed Units I Br Avg. Z Br Avg. Bldg Type (per bldg.) (per bldg.) (per Sub B) (sob B) (sub B) Sales Price Sales Price 36 Unit 4 32 l 4 32 $350,000 $360,000 50 Unit 23 27 1 23 27 $340,000 $350,000 TOTAL 27 59 $345,000 $355,000 • Page 6 ' ~!j SUBDISTRICT C 200 - GATEWAY SMART GROWTH DISTRICT UNITS i 50 Unit Building I # Units Unit Size Bedrooms Bedrooms Unit Type (per bldg.) (sq. ft.) (per unit) (per bldg.) C 6 1102 1 6 F 3 1.208 2 6 H 8 1410 2 16 1 16 1542 2 32 7 12 1028 1 12 K 1 1025 1 l M 4 1093 1 4 TOTAL 50 77 PROPOSED SUBDISTRICT C SUMMARY # Units # Bldgs # Units # Bedrooms # Bedrooms Bldg Type (per bldg..) (sub C) (sub C) (per- bldg) (sub C) 50 Unit 50 4 200 77 308 TOTAL 200 308 i PROPOSED UNIT STUDY # ]bed Units # 2 Bed Units # Bldgs. # 1 Bed Unils # 2 Bed Units ] Br Avg. 2 Br Avg. Bldg Type' (per bldg) (per bldg.) (per Sub C) (sub C) (sub C) Sales Price Sales Price $150,000 $150,000 50 Unit 23 27 4 92 108 $340,000 $350,000 TOTAL 92 108 Affordable Unit Market Unit ~ Page 7 SUBDISTRICT D 122 SENIOR INDEPENDENT LIVING UNITS Unit Type (per, bldg.) (sq., ft.) (per unit) (per bldg.) A 8 1702 2 16 B 8 1806 2 16 D 13 1396 2 26 E 3 1580 2 6 G 4 973 1 4 TOTAL 36 68 Unit Type (per bldg.) (sq. fW C 6 1102 F . 3 1208 H 8 1410 1 16. 1542 J 12 1028 K 1 1025 M 4 1093' TOTAL 50 (per unit) (per bldg.) 1 6 2 6 2 16 2 32 1 12 1 1 1 4 77 PROPOSED SUBDISTRICT D SUMMARY # Units # Bldgs # Units Bedrooms Bedrooms Bldg Type (per bldg.) (sub D) (sub D) (per bldg) (sub D) 36 Unit 36 2 72 68 136 50 Unit 50 1 50 77 77 TOTAL 122 213 PROPOSED UNIT STUDY 1 bed Units 2 Bed Units # Bldgs. 1 bed Units # 2 Bed Units 1 Br Avg. 2 Br Avg. Bldg Type (per bldg.) (per bldg.) (per Sub D) (per project) (sub D) Sales Price Sales Price 36 Unit 4 32 . 2 8 64 $350,000 $360,000 50 Unit 23 27 1 23 27 $340,000 $350,000 TOTAL 31 91 $345,000 $355,000 i r 0 Page 8 C DEVELOPMENT AND INFRASTRUCTURE AGREEMENT FOR ADDISON WESLEY LONGMAN PROPERTY, READING This Development.and Infrastructure Agreement (the "Agreement") is made as of this 4th day of December, 2007 by and between National Development Acquisitions, LLC, a Massachusetts limited liability company, with an address c% National Development, 2310 Washington Street. Newton Lower Falls, Massachusetts 02462, (the "Owner") and the Town of Reading, a. municipal corporation, acting by and through its Board of Selectmen,. with an address at 16 Lowell Street, Reading, Massachusetts 01867, (the "Town"). BACKGROUND 1. Contingent upon the Reading Town Meeting adopting, without amendment and by no later than December 20,2007, the Gateway Smart Growth Overlay District ("GSGD") and the related proposed changes to the Business C District, the Owner intends to purchase and to redevelop 24.8 acres of land in the Town of Reading, Massachusetts (the -"Property"). The Property, which is shown on Exhibit A attached hereto, is the former location of Addison Wesley Longman and is currently zoned for office and hotel use. 2. The Town is proposing a rezoning of a portion of the Property as a new Smart Growth Zoning District bylaw pursuant to General Laws, Chapter 40R and the regulations there under to affect approximately 10 acres of the Property'. The zoning would govern a proposal made by the Owner to develop a multi-family residential project on said portion of the Property to contain 202 residential units (the "Project"). The proposed Smart Growth Zoning District bylaw (the "40R Zoning")is consistent with the goals identified in the Reading Community Development Plan and the Reading Master Plan. 3. The proposed 40R Zoning has been submitted to, and preliminary approval has been granted by, the Massachusetts Department of Housing and Community Development ("DHCD") and is attached hereto as Exhibit B. The proposed bylaw will be considered by the Special Town Meeting to be held on December 10, 2007 and is Article 4 on the Warrant. Thereafter, if the bylaw is approved by Town Meeting, the same also must be finally approved by DHCD and by the Massachusetts Attorney General. Assuming such approvals, the Owner plans to seek all other required permits and approvals for the Project. 4. The Owner also will be seeking approval by Town Meeting of a related, separate zoning amendment involving certain changes within the Business C District affecting the Property. These changes will add as permissible uses townhomes and senior independent housing within the Business C District, as well as make certain dimensional and other changes. The proposed amendment to the Business C District is attached hereto as Exhibit C and is Article 5 on the Warrant. Thereafter, if both bylaw changes are approved by Town Meeting, the same must also be finally approved by the Massachusetts Attorney General. Assuming such approval, the Owner plans to seek all other required permits and approvals for the redevelopment of the Property, including the Project (the "Required Permits"). The redevelopment of the Property, including the Project, shall be hereinafter referred to as "the redevelopment of the Property." 5. In connection with the Town's consideration of the Project and the' processing of the Town's application to DHCD for approval of the 40R Zoning, the Town and the Owner have agreed on certain mitigation measures for the redevelopment of the Property. These obligations will become effective and binding upon the Owner only if Town Meeting, DHCD and the Massachusetts Attorney General, as and to the extent required, each approves Exhibit B and Exhibit C in the form attached, and the Owner secures the Required Permits for the Project, including the final building permit. 6. Now, therefore, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Owner, for itself and its successors and assigns, as owner of the Property, and the Town, • Page 9 agree that in the event all approvals described in Section 5 above are obtained by the Owner, the following obligations shall be binding upon the parties. ARTICLE 1 PROJECT MITIGATION The Owner shall undertake the mitigation measures described in this Article 1 for the redevelopment of the Property in the manner and at the times set forth below. 1.1 Traffic. The Owner shall pay for and shall construct all off-site traffic mitigation for the redevelopment of the Property, including the costs of engineering and permitting. The construction of such traffic improvements shall be substantially completed prior to the opening of the Project, except for (a) incomplete items which the Owner will bond at the request of the Town, and (b) any traffic improvements that the Town requests be deferred or not implemented. The Owner shall not be obligated to pay for any traffic improvements for which public funds shall be available or which shall be necessitated by other projects. The scope of traffic mitigation improvements that will be provided is generally shown on Exhibit D attached hereto prepared by VHB, Inc., subject to such changes as will result from completion of the local and state permitting process for the redevelopment of the Property, including review by Mass Highway. The owner also agrees to support the Town's processing of an application for a Suburban Mobility grant or any similar grant that will enable the Town to develop and/or improve access to public transportation in the region, ridesharing, and other efforts to reduce traffic demand. 1.2 Drainage and Stormwater.. As part of its permitting for the redevelopment of the Property, the Owner shall comply with the stormwater regulatory requirements of the Massachusetts Department of Environmental Protection, including incorporation of best management practices. 1.3 Sewer Connection. During the local plan review process, the Owner shall cooperate with the Town in evaluating the operation and adequacy of the sewer system servicing the Property the so-called Sturges Pumping Station and the force main pipe downstream of the pumping station. The Owner, shall make payments to the Town-in accordance with the Town's policy on sewer inflow and infiltration as provided herein. These payments (the "I & I Payments" ) will be calculated based on the formula (the" I & I formula" ) of $4.00 multiplied by twice the net additional sewer flow (in gallons per day) for the proposed redevelopment of the Property (estimated to be approximately $450,000). In addition to the I & I Payments, the Owner shall provide up to $50,000 in a one time payment of supplemental funds if needed to address sewer Inflow and infiltration problems, sewer capacity limitations and to make enhancements to the public sewer mains within the Town. Collectively, the I & I Payments and such supplemental funds shall be referred to as the "Sewer Payments". At the time of issuance of the building permit for the first new building on the Property, the Owner shall pay to the Town such portion of the Sewer Payments as is necessary to complete improvements to the sewer system required to provide adequate capacity for the redevelopment of the Property (the "Initial Sewer Payment"). The Initial Sewer Payment shall be applied to the I & I Payments otherwise due for each new building on the Property until the Initial Sewer Payment is exhausted. Thereafter, for each new building, or portion thereof, the I & I Payments pursuant to the I& I formula shall be payable to the Town upon issuance of certificates of occupancy for each such new building. . By way of example only, if the Initial Sewer Payment is $350,000, and the I & I formula for the first new building on the Property would result in an I & 1 Payment of $264,000, then there would be no I & 1 Payment due for the first building. The $86,000 difference between the Initial Sewer Payment and the I & I Payment for the first building would be applied toward the 1 &l payments otherwise due for such subsequent building(s)." 1.4 MWRA' Water Connection. The Owner shall be responsible for the MWRA water system buy- in fees associated with the provision of water service to the redevelopment of the Property payable on a 0 Page 10 building-by-building basis upon issuance of certificates of occupancy for each building. Such buy in fees shall be $5.21 multiplied by 110% of the net additional sewer flow (in gallons per day) from such building. 1.5 Peer Review Consultants. At the time of the submittal of the application for, plan approval required by the GSGD, the Owner shall deposit with.the Town of Reading Treasurer the amount of $25,000 (the "Plan Escrow Account") which may be used pursuant to G.L. c. 40R, §11 by the Community Planning and Development Commission ("CPDC") to engage such consultants as a traffic engineer, civil engineer, attorney, landscape architect, architect, urban designer, lighting consultant, and other reasonably necessary consultants to provide technical assistance during the review of the application for Plan Approval. The Plan Escrow Account shall be replenished by the Owner at the request of the CPDC when the balance falls to $5,000.00: Any balance remaining in the Plan Escrow Account after such Plan Approval shall be refunded t6the Owner. 1.6 Installation of "Gateway to Reading" Sion and/or Structure/Landscaping on Main Street. Prior to issuance ofa certificate of occupancy for the Project, the Owner shall make a payment of up to $10,000 to the Town as the Owner's contribution toward the Town's cost to erect a "Gateway to Reading" sign and/or structure/landscaping on Main Street in the general vicinity of the Property. The Town shall be solely responsible for the permitting, land acquisition, design, installation and maintenance of such sign and/or structure/landscaping. The Owner's funds shall be held in escrow by the Town solely for the 'foregoing purposes and shall be returned to the Owner, with interest, if said sign and/or structure/landscaping is not erected or installed within two (2) years from the date of the Town's receipt of such payment. 1.7 Green Design and Construction. The Town encourages the Owner, and the Owner will use reasonable efforts, to design and to construct the Project using the best current green and sustainability practices, such as Energy Star or LEED. ARTICLE 2 COMMUNITY BENEFITS 2.1 40R Payments. The Owner shall assist the Town in the Town's processing of its application for incentive and density bonus payments from the Commonwealth of Massachusetts related to the 40R Zoning. It is estimated that the Town shall receive up to $350,000 from the Commonwealth of Massachusetts upon adoption of the 40R. Zoning, in addition to $3,000 per unit of residential development upon issuance of building permits, resulting in a total payment to the Town of up to $956,000. It is expressly recognized that these payments are contingent upon funding of the 40R program by the Commonwealth. of Massachusetts and are not the responsibility of the Owner. It is also understood that expenditure of these funds is at the sole discretion of the Town and the expenditure of such funds shall not be construed in any way as relieving the Owner of its financial obligations hereunder relative to mitigation of the impact of the Project. 2.2 Affordable Housing. In order to meet the Town's goals for affordable housing, the 40R Zoning provides in Section 4.11.10.1 for the manner in which the Owner shall satisfy the affordability requirement for the Project. The Owner and Town recognize that meeting the Town's goals for providing affordable housing is an important part of the proposed Project. The Affordable Housing Restriction required by Section 4.11. 10 of the 40R Zoning shall be for the period of time set forth in Section 4.11.10.6.3. If said Affordable housing restriction is not in perpetuity, the Owner agrees to provide the Town with twelve (12) months' notice prior to each date of expiration of said Restriction to enable the Town to take any actions legally available to the Town further to extend said Restriction. 2.3 Jacob Way. As part of the redevelopment of the Property the Owner shall upgrade Jacob Way, a.Town- owned roadway. The upgrade shall include repaving, curbing, drainage, sidewalks and utility improvements. In the alternative, the Town is willing to recommend to Town Meeting that the Town abandon all of its right, title and interest in Jacob Way, and to convey the same to the Owner in fee for its private use and maintenance, provided that the Owner is able to utilize Jacob Way for frontage legally to subdivide lots pursuant to its redevelopment plan. The Town is also willing to consider a different name for Jacob Way if requested by the Owner. 2.4 Community Access. An important objective of the Town is to provide pedestrian access throughout the Property with connections to South Street Walking paths and some green spaces throughout the Property shall be available for the use and enjoyment of residents of future buildings within the Property as well as the surrounding residential neighborhood. The Owner has agreed to provide such access and connections to incorporate and to encourage pedestrian use within the Project. At its sole expense, the Owner shall build and maintain such pathways and shall 0 Page 11 \ indemnify and hold harmless the Town relative to any claims for personal injury or property damage arising out of their use. ARTICLE 3 OBLJGATIONS OF READING 3.1 Permits and Approvals. Town Officials shall support the 40R rezoning and the zoning bylaw amendments for the Business C District. The Owner shall submit the subsequent applications for Site Plan approvals for the .redevelopment of the Property to the Community Planning and Development Commission, and to any other agencies; Boards, Committees, or Commissions with jurisdiction over the redevelopment of the Property, and the Town shall expeditiously process all such applications. The Town shall fully cooperate in the processing of all other necessary permits and approvals from federal, state and local bodies required for the approval of the redevelopment of the Property. . 3.2 Financial Assistance. Town Officials directly shall seek, and assist the Owner in seeking, any available public funding to offset the cost of off-site. mitigation for the redevelopment of the Property. The cost of any such applications shall be borne by the Owner. 3.3 Utility Requirements. The Town shall support and shall expeditiously process applications by the Owner for all necessary utility: connections for the redevelopment of the Property. 3.4 Appeals. If a lawsuit is filed by a third party challenging the 40R Zoning, the Business C zoning amendments, any plan approval there under, .or any other permit or approval issued to the Owner by the Town for the, Project, the Town shall defend any such appeal and the Town shall oppose any such lawsuit. The Owner shall join the Town in defending and opposing the same and pursuing a prompt judicial determination with respect to any such challenge. 3.5 Land Takings. If any land owned by third parties is required for off site traffic mitigation/work or for any other mitigation work required for the redevelopment. of the Property then, after the Owner has exhausted commercially reasonable efforts to acquire the same, the Town shall request that Town Meeting take such land by eminent domain, provided that the Owner indemnifies the Town for-all costs of the same. 3.6 Overall Cooperation. In addition to the foregoing specific matters, the Town shall also cooperate with any other requests by the Owner which are reasonably related to the Owner's efforts to effectuate the redevelopment of the Property. ARTICLE 4 MISCELLANEOUS 4.1 Escrow. This Agreement shall be held in escrow by Town Counsel and shall not become effective or be delivered to .the Town unless and until the December 10, 2007 Special Town Meeting, DHCD, and the Massachusetts Attorney General, as applicable; each has approved Exhibit B and Exhibit C hereto. Upon the last to occur of such events, upon five (5) business days' notice to the Owner, Town Counsel shall deliver one fully-executed copy of this Agreement to the Town and one fully-executed copy to the Owner. 4.2 Notice to Lenders. If the Town gives written notice to the Owner of a default under this Agreement with respect to. any obligation of the Owner, the Town shall simultaneously furnish a copy of such notice to the mortgagee(s) of record of the Project so long as the Town has prior written notice of the identity.and address of each such lender. If the Owner has received notice from the Town of a default under this Agreement by the Owner and such breach is. not cured by the Owner before the expiration of the period provided therefore, a lender may, but shall not be obligated to, cure any such breach upon giving written notice of its intention to do so to the Town within sixty (60) days after lender receives such notice of breach, and, if the lender chooses to cure such breach, the lender shall proceed with due diligence to cure the same. To facilitate the operation of this section; the Owner shall at all times provide. 4.5 Notices. Any notice hereunder shall be in writing and shall be deemed duly given if mailed by certified or registered mail, postage and registration charges prepaid; by overnight delivery service with receipt; or by hand delivery to the parties at the addresses set forth below: If to the Town: Board of Selectmen 0 Page 12 c% Town Manager Reading Town Hall 16 Lowell Street Reading, Massachusetts 01867 If to the Owner: clo National Development 2310 Washington Street Newton Lower Falls, Massachusetts 02462 Attention: Theodore R. Tye and to: National Development 2310 Washington Street Newton Lower Falls, Massachusetts 02462 Attention: Richard P. Schwartz, General Counsel Any notice that is sent by U.S. Mail shall be deemed given on the third day after deposit in the U.S. Mail; any notice that is sent by overnight delivery service shall be deemed given on the next business day after deposit with such service; and any notice that is sent by hand delivery shall be deemed given on the day of actual receipt. 4.6 Estoppel Certificate. Upon ten (10) days' written request from the Owner, the Town, within an additional ten (10) days, shall execute a certificate in a form acceptable for recording with the Middlesex Registry of Deeds that is addressed to the requesting party or a lender, title insurance company, prospective purchaser, tenant or other interested party, confirming that this Agreement is in full force and effect (or, if not, that this Agreement has terminated) and certifying to the best of its.knowledge that the Owner is in compliance with its obligations hereunder or, if not, specifying to the Town with an up-to-date list of the names and address of all lenders for the Project. Any lender may notify the Town in writing of its address and request .that the provisions of Section 4.5, as they relate to notices with respect to the Project hereunder, apply to it. The Town agrees to comply with any such request. 4.4 Mediation. If. a dispute arises concerning the Owner's performance hereunder, prior to resorting to court, the parties first shall provide notice to each other and shall meet and work in good faith either directly or with the assistance of a mutually agreed third party to attempt o resolve their dispute in a prompt manner. However, if any such dispute is not resolved as aforesaid within sixty (60) days after the notice required above, either party shall be free to seek a judicial remedy respects in which the Owner is not in compliance or specifying the obligations which are unfulfilled. 4.7 Successors and Assigns. The provisions of this Agreement shall run with the land and shall be binding upon the. Owner and its successors and assigns as owners of the Property and shall inure to the benefit of the Town and its successors and assigns. An owner of the Property shall be liable hereunder only for any breaches occurring during the period of its ownership of the Property or any portion thereof. 4.8 The Town's Independent Powers. Nothing contained in this Agreement, shall in any way negate; limit or restrict the Town's jurisdiction and authority over the redevelopment of the Properly. This Agreement shall not bind nor affect the independent powers of any authority, agency, inspector or board of the Town including, without limitation, the Community Planning and Development Commission, the Board of Appeals, the Conservation Commission arid/or the Building Inspector; provided, however, that any such actions shall be consistent with the terms of this Agreement. 4.9 Duration. Except as provided in this section below, this Agreement shall be enforceable for the maximum period permitted by applicable law. a. If the Town Meeting vote has not occurred on or before December 20,2007, and or if DHCD and the Massachusetts Attorney General have not approved Exhibit B and, as applicable, Exhibit C, within the time periods provided by applicable statutes and regulations, then the. Owner may terminate this Agreement upon ten (10) days' written notice to the Town, all copies of this Agreement shall be returned to the Owner, and the parties shall be in status quo ante as if this Agreement had never been executed. b. If the Owner does not obtain all the Required Permits for the Project in a form acceptable to the Owner, or if the Owner determines 1:Q.at, in its judgment, the Required Permits for the Project 0 Page 13 will not be issued in a timely manner or in a satisfactory form, or if any permit, approval or legislative action for the Project or development elsewhere on the Property, is appealed, the Owner may terminate this Agreement upon ten (10)' days' written notice to the Town. C. Upon the full performance by the Owner of all of its obligations hereunder, the Town shall, at Owner's request; issue a statement in a form appropriate for recording with the Middlesex Registry of Deeds that all of the terms of this Agreement have been satisfied and that this Agreement is of no further force and effect. hereto 4.10 Amendments. This Agreement may be amended only by an instrument in writing signed by each party 4.11 Governing Law. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. 4.12 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid, inoperative or ID enforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other that those as to which it is held invalid, inoperative or unenforceable, shall not be affected thereby; it shall not be deemed that any such invalid, inoperative or unenforceable provision affects the consideration for this Agreement; and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 4.13 No Recording. If the Town records this Agreement, it shall ipso facto become null and void, provided that the parties shall record a Notice of Development Agreement in the form of Exhibit E hereto when this Agreement is released from escrow pursuant to Section 4.1 hereof. 4.14 Headings. The headings used in this Agreement are for convenience of reference and shall in no way define, increase, limit or describe the scope or intent of any provisions hereof. 4.15 Time of the Essence. All times set forth herein shall be of the essence. 4.16 Counterparts. This Agreement may be executed in any number of counterparts, which, when taken together, shall constitute one and the same instrument. (Signatures appear on following page.] IN WITNESS WHEREOF, the Owner and the Town have executed this Agreement under seal as of the day and year first above written. TOWN OF READING A Majority of the Board of Selectmen OWNER NATIONAL DEVELOPMENT ACQUISITIONS, LLC a Massachusetts limited liability company • Page 14 v Page 1 of 1 Schena, Paula From: Hechenbleikner, Peter Sent: Tuesday, September 21, 2010 4:41 PM To: Reading - Selectmen Cc: Schena, Paula Subject: Pulte financials The assessed value of the property currently is $18.7 million, and the annual taxes are $257,000. Using an. average of $350,000 per unit for the market units, and $150,000 per unit for the affordable units, the total value would be $140,000,000, and the projected taxes would be $1,925,000. the difference in annual property tax revenue would be $1,668,000. Peter I. Hechenbleikner Town Manager Town of Reading 16 Lowell Street Reading MA 01867 Please note new Town Hall Hours effective June 7, 2010: Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m. Tuesday: 7:30 a.m. - 7:00 p.m. Friday: CLOSED 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 l~ttp://readingnia- survey.virtualtownhall.net/survey/sid/91 b54a9276d6l 2c7/ Z~ 9/21/2010 SUBSEQUENT TOWN MEETING NOVEMBER 8, 2010 TABLE OF CONTENTS Article Title Sponsor Page # 1 Reports Board of Selectmen 2 Instructions Board of Selectmen 3 Amend Capital Improvements Program Board of Selectmen FY 2011 - FY 2020 4 Amend the FY 2011 Budget Finance Committee 5 Payment of Prior Years Bills Board of Selectmen 6 Disposal of Tangible Property Board of Selectmen 7 Debt Authorization - Water Improvement Board of Selectmen Loan Program 8 Authorize the Town to apply for Funds - Board of Library Trustees Reading Public Library Project 9 Debt Authorization - School Buildings - School Committee "Green Repair'... Program 10 Amend Boundaries of Birch Meadow Board of Selectmen Parcel Ownership 11 Street Acceptance - Benjamin Lane, Board of Selectmen Causeway Road, Kiley Drive 12 Acceptance of Drainage Easements - Board of Selectmen Benjamin Lane 13 Home Rule Petition re: Additional Package Board of Selectmen Store License for Downtown 14 Bylaw Amendment re: Eliminating Precinct Rules Committee Chairman Term Limits 15 Amend Charter to Eliminate Land Bank Board of Selectmen Committee 16 Charter Amendment re: Referendum Board of Selectmen Procedures O--~ - Article Title Sponsor Page 17 Approve a Contract for Greater than Three RMLD Years 18 Zoning -Amendments to Sign Regulations- CPDC . Side Setback on Free Standing Signs in Business-A, Business-C and Industrial Zoning Districts 19 Zoning - Amendments to Sign Regulations - CPDC Free Standing Signs in Business-B Zoning District 20 Zoning - Amendments to Sign Regulations - CPDC Exempt Signs in Business-A and Business-13 Zoning Districts 21 Zoning - Amendments to Sign Regulations - CPDC Second Sign Permitted in Single Tenant Buildings in Business-A Zoning District 22 Zoning - Correction to Section 6.3 - CPDC Nonconforming APPENDIX FY 2011-FY 2020 Capital Improvements Blue Pages Program Conduct of Town Meeting 0 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant, 1, on notified and warned the inhabitants of the Town of Reading, qualified to vote on Town affairs, to meet at the place. and at the time specified by posting attested copies of this Town Meeting Warrant in the following public places within the Town of Reading: Precinct 1 J. Warren Killam School, 333 Charles Street Precinct 2 Peter Sanborn Place, 50 Bay State Road Precinct 3 Reading Police Station, 15 Union Street Precinct 4 Joshua Eaton School, 365 Summer Avenue Precinct 5 Town Hall, 16 Lowell Street Precinct 6 Austin Preparatory School, 101 Willow Street Precinct 7 Reading Library, Local History Room, 64 Middlesex Avenue Precinct 8 Wood End School, 85 Sunset Rock Lane The date of posting being not less than fourteen (14) days prior to November 8, 2010, the date set for the Subsequent Town Meeting in this Warrant. I also caused an attested copy of this Warrant to be published in the Reading Chronicle in the issue of with an attested copy of this Warrant to be published on the Town of Reading website on John Della Paolera, Constable A true copy. Attest: Laura Gemme, Town Clerk 1 SUBSEQUENT TOWN MEETING (Seal) COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. To any of the Constables of the Town of Reading, Greetings: In the name of the Commonwealth of Massachusetts,, you are hereby required to notify and warn the inhabitants of the Town of Reading, qualified to vote in elections and Town affairs, to meet at the Reading Memorial High School Auditorium, 62 Oakland Road, in said Reading, on Monday, November 8, 2010, at seven-thirty o'clock in the evening, at which time and place the following articles are to be acted upon and determined exclusively by Town Meeting Members in accordance with the provisions of the Reading Home Rule Charter. ARTICLE 1 To hear and act on the reports of the Board of Selectmen, Town Accountant, Treasurer=Collector, Board of Assessors, Director of Public Works, Town Clerk, Tree Warden, Board of Health, School Committee, Contributory Retirement Board, Library Trustees, Municipal Light Board, Finance Committee, ,Cemetery Trustees, Community Planning & Development Commission, Conservation Commission, Town Manager and any other Board or Special Committee. Board of Selectmen ARTICLE 2 . To choose all other necessary Town Officers and Special Committees and determine what instructions shall be given Town Officers and Special Committees, and to see what sum the Town will-.raise by borrowing or transfer from available funds, or otherwise, and appropriate for the purpose of funding Town Officers and Special Committees to carry out the instructions given to them, or take any other action with respect thereto. Board of Selectmen ARTICLE 3 To see if the Town will vote to amend the FY 2011 - FY 2020, Capital Improvements Program as provided for in Section 7-7 of the Reading Home Rule Charter, or take any other action with respect thereto. Board of Selectmen ARTICLE 4 To see if the Town will vote to amend one or more of the votes taken under Article 12 of the April 26, 2010 Annual Town Meeting relating to the Fiscal Year 2011 Municipal Budget, and see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate as the result of any such amended votes for the operation of the Town and its government, or take any other action with respect thereto. Finance Committee ARTICLE 5 To see if the Town will vote to authorize the payment during Fiscal Year 2011 of bills remaining unpaid for previous fiscal years for goods and services actually rendered to the Town, or take any other action with respect thereto. Board of Selectmen 0 ARTICLE 6 To see if the Town will vote to authorize the Board of Selectmen to sell, or exchange, or dispose of, upon such terms and conditions as they may determine, various items of Town tangible property, or take any other action with respect thereto.. Board of Selectmen ARTICLE 7 To see what sum the Town will raise by borrowing pursuant to G.L. Chapter 44, §7 and 8 or transfer from available funds, or otherwise, and appropriate for the purpose of reconstructing water systems, including the costs of engineering services, plans, documents, cost estimates, bidding services and all related expenses incidental thereto and necessary in connection therewith, said sum to.be spent under the direction of the Town Manager; and to see if the Town will authorize the Town Manager, the Board of Selectmen, or any other agency of the Town to apply for a grant or loans to be used to defray all or any part of said water construction and/or reconstruction and related matters; and to see if the Town will vote to authorize the Town Manager to enter into any or all agreements as may be necessary to carry out the purposes of this Article; and to see if the Town will authorize the Town Manager, the Board of Selectmen, or any other agency of the Town to apply for a. non-interest bearing loan from the Massachusetts Water Resources Authority; and to, authorize the Treasurer-Collector, with the approval of the Board of Selectmen, to borrow pursuant to said loan, or take any other action with respect thereto. Board of Selectmen ARTICLE 8 To see if the Town will vote to authorize the Library Trustees of the Reading Public Library and/or the Board of Selectmen to apply for, accept and expend any State grants which may be available for the project; and to authorize the Library Building Committee and/or the Board of Selectmen and/or Library Trustees to apply for any State funds which might be available to defray all or part of the cost of the design, construction and equipping of the Library project; and to authorize the Library Building Committee and/or. the Board of Selectmen and/or Library Trustees to accept and expend any such funds when received without further appropriation. Board of Library Trustees ARTICLE 9 To see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate for the purpose of making improvements including but not limited to repairing and/or replacing roofs and/or windows at the Killam School and/or Birch Meadow School, including the costs of consulting services, audits, plans, documents,, cost estimates, bidding services and all related expenses incidental thereto and ,necessary in connection therewith, said sum to be expended by and under the. direction of the School Committee and/or the Superintendent of Schools; and to see if the Town will authorize the School Committee, Board of Selectmen, Superintendent of Schools, Town Manager, or any other agency of the Town, to apply for a grant from the Massachusetts School Building Authority or any other source of funding, to be used to defray the cost of all, or any part of such improvements; and to authorize the School Committee and/or the Superintendent of Schools and/or the Town Manager to enter into any and all contracts and agreements as may be necessary to carry out the purposes of this Article, or take any other action with respect thereto. School Committee ARTICLE 10 To see if the Town will vote to transfer the care, custody, management and control of certain parcels of land, more or less located on Birch Meadow Drive and Oakland Road, and shown on a plan entitled "Plan of Land Birch Meadow Drive, owned by the Town of Reading, Scale V=40% Date: September 30, 2010, prepared by Town of Reading Engineering Division" said plan being on file in the Town of Reading Engineering Division, from the Reading School Committee for school purposes, to the Board of Selectmen for roadway layout purposes; and to vote to transfer the care, custody, management and control of certain parcels of land as shown on the above plan from the Board of Selectmen for municipal purposes, to the Reading School Committee for school purposes, or take any other action with respect thereto. Board of Selectmen ARTICLE 11 To see if the Town will vote to accept the following roads as public ways pursuant to M.G.L. c.82, in accordance with the layouts adopted by the Board of Selectmen and on file with the Office of the Town Clerk: Benjamin Lane, the entire length from Avon Street northerly for approximately 343 feet; Kylie Drive, the entire length from Wakefield Street southerly for approximately 432 feet; Causeway Road from the end of the existing public way southeasterly approximately 950 feet; and to authorize the Board of Selectmen to accept deeds of easement and for the fee in said roads; and to authorize the- Board of Selectmen to purchase, or take such ways in fee or rights of easement by eminent domain under the provisions of M.G.L. c.79;, or to acquire said lands in fee or rights of easement therein by purchase, gift or otherwise, and to assess betterments therefore pursuant to M.G.L. c.80; and to see what sum the Town will raise by borrowing, or from the tax levy, or transfer from available funds, or otherwise, and appropriate for the acquisition of said lands or easements therein or for payment of any eminent domain damages and for the construction of said ways, or take any other action with respect thereto.. Causeway Road ♦ Benjamin Lane ♦ Kylie Drive Board of Selectmen ARTICLE 12 To see if the Town will vote to authorize the Board of Selectmen to accept the conveyance of permanent drainage easements in Reading, Middlesex County, MA located on Lot 2 and Lot 3 of Benjamin Lane which easements are shown on a plan entitled: Benjamin Lane Definitive Subdivision - Property Rights Plan of Land, Reading Massachusetts Street, prepared by Sullivan Engineering Group, Inc., dated September 28, 2005, with revisions through March 1, 2006, and recorded with Middlesex South Registry of Deeds, as Plan 1106 of 2007, sheet 3 of 8; upon such terms and conditions as the Board of Selectmen shall consider proper; or take any other action with respect thereto. Board of Selectmen ARTICLE 13 To see if the Town will vote to authorize the Board of Selectmen to file a Home Rule Petition with the General Court of the Commonwealth of Massachusetts, and that the legislation be adopted precisely as follows, except for clerical or editorial changes of form only: D "An Act Authorizing the Town of Reading to Grant One Additional License for the Sale of All Alcoholic Beverages Not to be Drunk on the Premises in the Downtown Smart Growth District" Section 1. Notwithstanding Section 17 of Chapter 138 of the General Laws, or any other general or special act to the contrary, the licensing authority of the Town of Reading may grant. an additional license for the sale of all alcoholic beverages not to be drunk on the premises to a business located within the Town of Reading Smart Growth 40R District roughly bounded by Woburn Street, Union Street, Pleasant Street, Parker Street, Haven Street, Ash Street, Gould Street, Green Street, High Street, Brande Court, Linden Street and Sanborn Street in the Town of Reading under Section 15 of said Chapter 138. The licensing authority shall not approve the transfer of the license to any other location but it may grant the license to a new applicant at the same location if the applicant files with the licensing authority a letter from the Department of Revenue indicating that the license is in good standing with the Department and that all applicable taxes have been paid. Section 2. If the license granted under this act is cancelled, revoked or no longer in use, it shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto to the licensing authority, which may then grant the license to a new applicant at the same location and under the same conditions as specified in this act. Section 3: The license shall be subject to all of said chapter 138 except said Section 17. Section 4. This act shall take effect upon its passage. Or take any other action with respect thereto. Board of Selectmen ARTICLE 14 To see if the Town will vote to amend Section 2.2.6 of the General Bylaws of the Town of Reading by striking the sentence "Chairmen shall serve no more than six consecutive years in that position" so that Section 2.2.6 reads in its entirety: 112.2.6 The Town Meeting Members and Town Meeting Members-Elect from each precinct shall hold an Annual Precinct Meeting after the Annual Town Election but before the convening of the business sessions of the Annual Town Meeting. The purpose of the meeting shall be the election of a Chairman and a Clerk and to conduct whatever business may be appropriate. Additional precinct meetings may be called by the Chairman or by a petition of six (6) Town Meeting Members of the precinct." Or take any other action with respect thereto. Rules Committee ARTICLE 15 To see if the Town will vote, pursuant to Section 8-1 of the Reading Home Rule Charter, to amend Section 4-10: Other Committees, to delete Section 4-10 (a) Land Bank Committee, and to re-letter Sections (b) and (c) thereof so that Section 4-10 will read in its entirety as follows: Section 4-10: Other Committees The Selectmen shall appoint the following committees and determine the number of members and their term of appointment, not to exceed three (3) years: (a) Town Forest Committee (b) Historical Commission The Board of Selectmen may establish and appoint standing advisory committees from time to time for a specific purpose. Such committees shall be considered a "multiple-member body" as defined in the Charter, shall be appointed in accordance with the process detailed in Section 8-12, and members shall physically reside in the Town of Reading at the time of their appointment and during their term of office. Any of the elected boards or committees as listed in Article 3 of the Charter may, from time to time, establish and appoint ad hoc committees which shall serve no longer than 12 months. The term may be extended one. time only for up to an additional 12 months. Each ad hoc committee shall be considered a "multiple-member body" as defined in the Charter, and shall be bound by all laws of the Commonwealth of Massachusetts but shall not be required to meet the requirements of Section 8-12 of the Reading Home Rule Charter as to the appointment process. Or take any other action with respect thereto. Board of Selectmen ARTICLE 16 To see if the Town will vote, pursuant to Section 8-1 of the Reading Home Rule Charter, to amend Section 2-15: Referendum Procedures, so that it reads as follows: (language with strikethrough shows deletions/words in italics denotes new language.) . 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. (a) Referendum Petition - If, within said seven (7) days, a referendum 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 affirmative vote of Town Meeting be submitted to the voters in the form of a ballot question, such ballot question to be in the form required in (b) herein, to the voters, then the operation of the Town Meeting 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 referendum 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 ballot question. 33 If, however, a regular or Special Election is to be held not more than sixty (60) days following the date the referendum petition is filed, the Board of Selectmen may provide that any such ballot question be presented to the voters at that Election. (b) Form of Referendum Petition/Ballot Question - Each ballot question 88 submitted shall appear at the top of each referendum petition and shall be presented in the following form ef 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 on (insert date of town meeting) to (brief substance (insert complete language of the vote in the same aentue-a ►d form in which it was stated when presented by the Moderator to the. Town Meeting, and as it appears in the records of the Clerk of the meeting)"? The form of the referendum petition shall be prepared by Town Counsel in conformance with this section. The circulator(s) of the referendum petition may make additional copies of the petition form, but such copies must be an exact duplicate thereof. The petition form may not be altered in any way. No extraneous markings, such as underlines, highlighting, erasures, marking out or insertion of words or other information, are allowed on any area of the petition form. Any such extraneous markings on, or alterations of the petition form, or copies of the petition form that are not exact duplicates, will result in the invalidation of all signatures contained on that petition form. Extraneous markings do not include signatures or addresses. Each petition form. shall include language informing voters that additional markings will disqualify the signatures on the petition form; that for their signature to be valid, they must be a registered voter of the Town of Reading; that their signature shall be written as they are registered, that they should not sign the petition more than once; and that if they are prevented by physical disability from writing, that they may authorize some person to write their name and residence in their presence. The back of each petition form where signature lines appear, shall include the following instruction: "ATTENTION VOTERS: Before signing, read signer information on the other side". In addition to the certification of signatures on the petition form, the Board of Registrars of Voters shall examine the petition forms for extraneous markings, and determine whether they are exact copies. (c) Election - Any ballot question se-submitted in accordance with this procedure 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, or take any other action with respect thereto. Board of Selectmen ARTICLE 17 To see if the Town will vote to authorize the General Manager of the Reading Municipal Light Department, on the recommendation of the RMLD Board of Commissioners, to enter into a five-year contract, including all extensions, renewals, and options, for maintenance of the Supervisory Control and Data Acquisition (SCADA) program at the RMLD, or take any other action with respect thereto. Reading Municipal Light Board 3`~ ARTICLE 18 To see if the Town will vote to amend Section 6.2 of the Reading Zoning By-Laws by adding an (1) after 20 in row # 11 Free-Standing Signs under Side Setback in Table 6.2.3 for Business-A, Business-C and Industrial Zoning Districts. And add (1) to the Notes in Table 6.2.3. and add a new Section 6.2.9. "Signs by Special Permit" as follows: (words in bold italics denotes new language). Table 6.2.3. Signs Permitted According to Zoning District Business-A, Business-C and' Industrial Zoning Districts: Max. Max. Type Permit Sign Sign Front Side Maximum Required Area Height Setback Setback Number. (sq. ft) (ft.) (ft.) (ft.) 11. Free- Standing Y 50(D) 20 0 20(1) 1/lot Note (1): A Special Permit may be granted by the CPDC. See Section 6.2.9. for Special Permit Criteria. Add new Section 6.2.9. so that it reads as follows: Section 6.2.9. Signs by Special Permit. The CPDC may grant a Special Permit for a free-standing sign within the side setbacks identified in Table 6.2.3 or Section 6.2.6.3. if it finds that the sign complies with the purposes of this by-law, abutting properties are not unreasonably impacted by sign placement, and the sign conforms in all other respects with Section 6.2, with specific attention to Section 6.2.5.a. regarding impact on traffic and pedestrian safety. Or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 19 To see if the Town will vote to amend Section 6.2. of the Town of Reading Zoning By-Laws by amending Table 6.2.3 and the corresponding Sections in 6.2. as follows: (Language (words in bold italics denotes new language.) In Table 6.2.3 Signs Permitted According to Zoning District Business-B Zoning Districts: Amend Line #14 under Business-B Zoning Districts. as shown in the chart and add a new Line #17 under to read as follows: Type Permit Required Max. Sign Area (sq. ft.) Max. Sign Height Front Setback (ft.) Side Setback (ft.) Maximum Number 14. Free- Y 35 50(D) 29-14 0 20 1/lot Standing (Service Stations only) 17. Free- SPP (J) 35 10.5 0 20 1/lot Standing 8 (0 Add (J) under the Notes in Table 6.2.3 so that it reads as follows: Note (J): Free-standing signs shall be permitted only where the principal business entrance is located more than 40 feet from the centerline of the street in front of the lot. See Section 6.2.9.a. for Special Permit Criteria. Add "or by special permit" at the end of Section 6.2.5.f. under "Prohibited Signs" so that it reads: f. Free-standing signs in a Business-B Zoning District (except as permitted at service stations or by special permit). In Section 6.2.6.4. "Signs in Business-B Zoning Districts" under "Prohibited Signs," add the words "or by Special Permit" at the end of the first bullet so that it reads: Free-standing (except as permitted at service stations or by special permit). In the second to last sentence of the first paragraph of Section 6.2.6.4. "Signs in Business-B Zoning District," delete "free-standing" and add "or by special permit from the CPDC' to the end of the last sentence so that it reads: No free-standing, internally illuminated, or Reader Board signs shall be permitted anywhere in a Business-B Zoning District. Free-standing signs will be.allowed only for service stations or by special permit from the CPDC. In Section 6.2.6.8. "Signs in Residential Districts," add "except as allowed by a special permit" to the end of the second bullet under "Prohibited Signs" so that it reads: • Free-standing signs (except as allowed by a special permit). Add new Section 6.2.9.a. so that it reads as follows: Section 6.2.9.a. The CPDC may grant a Special Permit for a free-standing sign in the Business-B or Residential Zoning Districts if it finds that the sign complies with the purposes of this bylaw, abutting properties are not unreasonably impacted by sign placement and there is no negative impact on traffic and pedestrian safety. The CPDC may consider the following items when reviewing the Special Permit request, considerations for the character of the surrounding neighborhood, the principal use of the property or business, the location of the parking, landscaping in the front yard setback and other signs on the property. Or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 20 To see if the Town will vote to amend the Town of Reading Zoning By-Laws Section 6.2.4.0. "Exempt Signs" and Section 62.6.3 "Signs in Business-A Zoning Districts" and Section 6.2.6.4. "Signs in Business-B Zoning Districts" as follows: (Language l (words in bold italics denotes new language.) 0 3~° Add the following language to Section 6.2.4.o. "Exempt Signs:" o. Any establishment located in a Business or Industrial Zoning District may display: An "Open" Flag - with dimensional requirements not to exceed four (4) feet by six (6) feet and may contain decorative graphics. A National or State Flag - with emblems of religious, educational, governmental organization or any other federally tax-exempt organization, except when displayed in connection with commercial promotions or advertising. Dimensions shall not exceed four (4) feet by six (6) feet. A minimum ground clearance of eight (8) feet shall be provided for flags that hang over walkways, sidewalks and entrances of businesses. Ground clearance shall' be defined as the distance between the lowest hanging portion or bottom of the flag and the grade directly below. Delete the last sentence in the second paragraph of Section 6.2.6.3. "Signs in Business- A Zoning Districts" so that it reads: A lot which contains not more than one establishment shall be allowed one free-standing sign or one wall sign or one projecting sign only. The street addFess numbeF Of the prepeFty shall be premiReRtly displayed on SUGh sign, and the sign shall in all Delete Section 6.2.6.3.d at least G)Re wall 9F PFGjeGt;Rg GigR, shall PFC)MiRently display the stFeet address number of the pFopeFty. Delete the second paragraph of Section 6.2.6.4. "Signs in Business-B Zoning Districts:" Or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 21 To see if the Town will vote to amend the Town of Reading Zoning By-Laws Section 6.2.6.3 "Signs in Business-A Zoning Districts" as follows: (Language to be removed is sh-11 I (words in bold italics denotes new language.) To remove the second bullet under Prohibited Signs in Section 6.2.6.3. so that it reads: Prohibited Signs: • Banners as permanent signs • A free standing and a wall sign fb~ buildings that are not multi tenant g'1 10 Amend the first sentence.in the second paragraph in Section 6.2.6.3. "Signs in Business- A Zoning Districts" so that it reads as follows: A lot which contains not more than one establishment shall be allowed one free-standing sign or one wall sign or one projecting sign G*. A second sign of a. different sign type shall be allowed not to exceed a maximum of eight (8) square feet. The total square footage of the two signs shall not exceed the maximum allowed as specified in Table 6.2.3. Or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 22 To see if the Town will vote to amend Section 6.3.3.1 of the Zoning By-Laws by adding the word "not" in the second line between the words "does" and "or' so that Section 6.3.3.1 reads in its entirety as follows (words in bold italics denotes new language.): 6.3.3.1 The Building Inspector may issue a Building Permit for an interior renovation, interior alternation or interior reconstruction of a pre-existing, nonconforming structure that does not or will not extend the non-conformity or create a new non-conformity. Or take any other action with respect thereto. Community Planning and Development Commission II and you are directed to serve this Warrant by posting an attested copy thereof in at least one (1) public place in each precinct of the Town not less than fourteen (14) days prior to November 8, 2010, the date set for the meeting in said Warrant, and to publish this Warrant in a newspaper published in the Town, or providing in a manner such as electronic submission, holding for pickup or mailing, an attested copy of said Warrant to each Town Meeting Member. Hereof fail not and make due return of this Warrant with your doings thereon to the Town Clerk at or before the time appointed for said meeting. Given under our hands this 21 st day of September, 2010. James E. Bonazoli, Chairman Camille W. Anthony, Vice Chairman Richard W. Schubert, Secretary Stephen A. Goldy Ben Tafoya SELECTMEN OF READING John Della Paolera, Constable 12 3°' Page 1 of 2 Hechenbleikner, Peter From: James Bonazoli Damesbon@us.ibm.com] Sent: Tuesday, September 21, 2010 3:22 PM To: Hechenbleikner, Peter Subject: Fw: Referendum Procedures for Warrant Hi Pete Can you print this for the board tonight? Thanks James Bonazoli IBM Account Manager Reading, MA mobile 781-956-5468 jamesbon@us.ibm.com Forwarded by James Bonazoli/Waltham/IBM on 09/21/2010 03:09 PM From: marsie.west@bnymellon.com To: James Bonazoli/Waltham/IBM@IBMUS Date: 09/21/2010 01:58 PM Subject: Referendum Procedures for Warrant Hello James, I understand that you're closing out the warrant tomorrow night and there is a well-needed article to re-write the referendum procedures. I've given this some thought since the special election situation in the spring and have the following comments/suggestions. I don't know if it is too late to get any of these changes incorporated but wanted to pass it along to you both in case there is time for revisions. Unfortunately I'm not able to attend the meeting tomorrow night. Updates to Referendum Procedures: 1. Some signers of the petition seemed unaware that there would be a special election at an additional cost tc the Town. It would be helpful to add language to signer information that includes the following points: § The signer understands that they are authorizing the Town to expend funds on an unplanned special election. § The signer is aware that Town meeting vote stands unless both the following criteria are met: 0 20% or more registered voters participate in the special election o Majority votes against Town Meeting position. 2. The current threshold of 3% of registered voters is a low number of residents to authorize special election costs. It's likely that these costs were significantly less when this was initially enacted. Raising the threshold to 9/21/2010 Page 2 of 2. 5% would ensure there is enough resident support to justify the election expense. 3. Section 8.1(b) should indicate how long it will take Town Counsel to prepare the referendum form and the time to file the petition should be based upon when that form is available for signatures. If the form is available a minimum of 24 hours after Town Meeting has ended, that allows the Town Meeting to conclude business before signatures are solicited to change the vote. 4. The timeframe for this is currently tied to business days, not calendar days (per 8.5 Computation of Time). The new schedule at Town Hall has 4 business days vs. 5 so it will take longer to cover business days. A timeline of 7 business days could equal up to 13 calendar days. [It would be good to clarify this in the Charter overall. There are timeframes in the Personnel Policy that refer to days Town Hall is open with timeframes from 20 to 60 days.] Charter Section 8-5: Computation of Time In computing time under the Charter, if seven (7) days or less, only business days not including Saturdays, Sundays or legal holidays shall be counted; if more than seven (7) days, every day shall be counted. I have passed my suggestions along to Ben and Rick also since I've got their e-mail. Let me know if you have any questions, Marsie Marsie West First Vice President, Operations Strategy Group BNY Mellon Asset Servicing 135 Santilli Highway Everett, MA 02149-1950 Phone: 617-382-2865 E-mail: marsie.west@bnymellon.com The information contained in this e-mail is considered Confidential and is intended solely for the use of the named addressee. Access, copying or re-use of the e-mail or any information contained therein by any other person is not authorized. If you are not the intended recipient please notify us immediately by returning the e-mail to the originator. The information contained in this e-mail, and any attachment, is confidential and is intended solely for the use of the intended recipient. Access, copying or re-use of the e-mail or any attachment, or any ' information contained therein, by any other person is not authorized. If you are not the intended recipient please return the e-mail to the sender and delete it from your computer. Although we attempt to sweep e-mail and attachments for viruses, we do not guarantee that either are virus-free and accept no liability for any damage sustained as a result of viruses. Please refer to http://disclaimer.bnymellon,con-i/eu.htni for certain disclosures relating to European legal entities. 9/21/2010 9) LEGAL NOTICE TOWN OF READING . To the Inhabitants of the Town of Reading: Please take notice-that the Board of Selectmen of the Town of, Reading will hold the follow- ing public hearing on Tuesday, September. 21, 2010 in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts: SammyJo's Bakery Early Opening - 5:00 a.m. - 2 Haven Street 8:30 p.m. A copy of the document regarding this topic is available in. the Town .Manager's Office, 1*6 Lowell Street, Reading, MA from 7:30 am-5:30 pm, M-W- Thurs and Tues 7:30 am-7:00 pm and is attached to the hear- ing notice on the website at www.readingma.gov All interested parties are invited to attend the hearing, or may submit their comments in writing or by email prior to 6:00 pm on September 21, 2010 to t o w n m a n a g- er@ci.reading.ma.us By order of Peter I. Hechenbleikner Town Manager 9/14 t~ y7J Section 3.9 Waiver of Retail Sales before 6 a.m. 'Section 5.10 of the General Bylaws of the Town of Reading prohibits retail sales prior to 6:00 a.m. It also provides for a process by which the Board of Selectmen may consider allowing retail sales between the hours of midnight and 6:00 a.m. when the Board determines that permitting retail sales during those hours is in the interest of public health safety and welfare, or is in the interest of public necessity or public convenience. These regulations are adopted by the Board of Selectmen to provide guidance to the Board of Selectmen, applicants, and the public regarding how applications for waivers from the restriction on hours of retail sales will be handled. Each application will be dealt with on a case by case basis. An initial application for a waiver or hours of retail. sales prior to 6 a.m. shall require a public hearing noticed to all property owners within 300', and by publication in a local newspaper and/or publication on the Town's web site. Renewal of a waiver shall be required on an annual basis with each waiver expiring on December 31. The Board of Selectmen shall determine on a case by case basis whether a public hearing is required for each renewal. The Board of Selectmen may revoke approval upon receipt of complaints that the operation is taking place contrary to the approval granted by the Board. Revocation shall be made only after a public hearing, unless emergency circumstances require an administrative revocation pending hearing. The following guidelines are not intended to be a full list of issues to be dealt with by the Board but are merely guidelines to the applicant: 1. Approval will be'granted for businesses within a commercial or industrial zoning district only. 2. In general, approval shall be for the-entire business. For example, if a business dispenses gasoline, sells coffee, and has a convenience store, all within the same business, then the approval shall be for all Darts of the business. 3.'. The retail use for which approval of a change in retail hours is permitted will be the principal use on the property. 4. Written approval of the property owner will be required prior to the Board hearing an application for a license. This will need to be renewed annually. 5. The Board may require evidence that the"change in permitted hours of retail operation will have minimal effect on the neighborhood adjacent to the site. 6. The applicant must show that adequate controls are in place to ensure public safety and follow food code sanitation protocols. 7. No' waiver of the hours of retail sales will be considered for prior to 5 am 'Monday through Friday. No waivers. shall be considered for Saturdays, Sundays, or State Designated legal holidays. 8. The Board may limit the use of outdoor speakers, drive-thru's, and/or restrict parking in certain areas in order to limit the impact of the waiver on neighboring properties. In order to address these issues, the Board may require a site plan from applicants, drawn to scale, and showing locations of these features and their relation to abutting. residential buildings. 9. Prior to the issuance of a waiver on the hours of retail sales, the Board may request a review by the Health Division, Police Department, and the Building/Zoning Inspection Division and proof that all necessaryapprovals, permits, and other licenses needed to operate have been issued. 10. A waiver to allow retail uses prior to 6 a.m. is not a waiver of any other bylaw or regulation of the Town of Reading or other agency having jurisdiction. 11. Parking lot cleaning, and other maintenance operations (excluding emergency work), and. deliveries. shall not take place between the hours of 9:00 PM and 7:00 -am. Rubbish collection and recycling shall not take place between 9:00 PM and 6:30 am. Adopted &26/07 3 Waiver points of interest.. 1-we are in a commercial zoning district 2-yes all parts of the business would like to open at the same time 3-our principal use is to sell coffee and bagels 4- 1-o,?7 eamiNG 5-ok 6-yes serve safe certificate will be posted on site 7-ok, if anything changes can you please keep us update 8-we were approved from the board to have a site plan exemption,regardless we don't have a drive thru or speaker 9-they can all be provided if need be 10-not requesting any other waivers 11-yes there are no pick-ups or drop-offs before lam or after 9.OOpm Town of Reading 16 Lowell Street Reading, MA 01867-2683 HISTORICAL COMMISSION (781) 942-6661 historical@ci.reading.ma.us September 9, 2010 Dear Homeowner, Congratulations! Your home was recently added to Reading's Historical and Architectural Inventory. The responsibility of the Reading Historical Commission is to identify local historic assets and develop plans for their preservation. In 1979, the Commission undertook to survey. Reading properties of historical and architectural significance, and generated the Historical and Architectural Inventory of Reading. The initial 290 properties listed on the Inventory represent house styles from 1694 to 1929, with an emphasis on the earliest housing stock. Thirty years have passed since then, and properties built through 1959 are now eligible to be considered for the Inventory. In Reading, 2500 homes were built from 1929 to 1959, including the post-War housing boom: of the late 1940s and early 1950s. Through a federally funded grant program administered through the Massachusetts Historical Commission, the Reading Historical Commission, together with a preservation consultant, has completed the state forms to add 101 properties to the local and State Inventory. Approximately 90 of these are residential dwellings, with the remainder being commercial properties. Contrary to popular belief, there are no restrictions placed on a property by virtue of being on the Historical and Architectural Inventory. The Inventory is merely a record which helps to identify, document and describe properties, and lend recognition to a property's significance to the Town and its history. Being placed on the local Inventory should be considered an honor by a homeowner, as they become stewards of a piece of Reading's historic fabric. A Town bylaw restricting the demolition of certain properties does include properties of historical or architectural significance which are placed on the Inventory. The bylaw allows the Historical Commission to delay the proposed demolition of these properties for up to one year, while alternatives are mutually sought by the owner and the Commission. A vote of the Historical Commission is required to define Inventory properties as Potentially Significant Structures under the bylaw. A notice regarding the vote is enclosed. An invitation to attend an October reception for owners of newly listed properties, to be held at the Library, is also enclosed. Please feel free to contact the Historical Commission if you have any questions or concerns. You may contact me directly at kreenfield@comcast.net or at 942-2072. Sincerely, Kathryn M. Greenfield Chairman NOTICE OF PUBLIC MEETING Pursuant to the Town of Reading General Bylaws, Section 5.13.2.4c, this form serves to legally notify the property owners listed below, as well as the Building Inspector, that the following properties have been identified by. the Reading Historical Commission as architecturally or historically significant, and that upon an affirmative vote by the Commission, each property will be defined as a Potentially Significant Structure under the Demolition Delay Bylaw. The vote will take place at an open meeting of the Historical Commission, scheduled for October 12, 2010 at 7:30 p.m. at the Town Hall Conference Room. You are not required to be present. 37 Ash Street 99 John Carver Rd. 94 Oak Street 159 Ash Street 89 King Street 48 Pearl Street 287 Ash Street 93 King Street 309 Pearl Street 14 Bancroft Avenue 112 Bancroft Avenue 153 Bancroft Avenue 182 Bancroft Avenue 36 Beacon Street 8 Copeland Avenue 21 Copeland Avenue 32 Copeland Avenue 75 Cross Street 22 Dudley Street 14 Echo Avenue 39 Ellis Avenue 21-23 Gardner Road 14 Grand Street 61 Grand Street 64 Grand Street 79 Grand Street 75 Hancock Street 13 Hanscom Avenue 21 Hanscom Avenue 33 Hanscom Avenue 62 Hartshorn Street 68-76 Haven Street 75-85 Haven Street 78-88 Haven Street 175 Haven Street 300 Haverhill Street 556 Haverhill Street 145 High Street 97 Highland Street 20 Hillcrest Road 56 Hillcrest Road 15 Intervale Terrace 66 John Carver Rd. 22 Lee Street 50 Locust Street 10 Longview Road 16 Longview Road 17 Longview Road 24 Longview Road 54 Longview Road 61 Lowell Street 69 Lowell Street 327 Lowell Street 351 Lowell Street 402 Lowell Street 335 Main Street 494-496 Main Street 531 Main Street 581-591 Main Street 601-607 Main Street 620 Main Street 640-656 Main Street 643 Main Street 672-680 Main Street 1126 Main Street 1149 Main Street 12 Manning Street 28 Middlesex Avenue 44 Middlesex Avenue 65 Middlesex Avenue 97 Middlesex Avenue 75 Mill Street8l Mineral Street 65 Minot Street 14 Mt Vernon Street 52 Mt Vernon Street 41 Oak Street 1.9 Perkins Avenue 20 Perkins Avenue 20 Pine Ridge Road 26 Pine Ridge Road 12 Pratt Street 61-63 Prescott Street 92 Prescott Street 91 Prospect Street 94 Prospect Street 117 Prospect Street 155 Prospect Street 35 Scotland Road 62 Scotland Road 87 Scotland Road 197 South Street 57 Summer Avenue 285. Summer Avenue 33 Temple Street 26 Vine Street 72 Vine Street 8 Wells Road 34 Whittier Road 155 Woburn Street 283. Woburn Street The Reading Mistorical Commission Cordiaffy Invites 2'ou to a Wyception on -14onday, October 18, 2010 at 7:30 pm at the Reading (Public Library for Yfomeowners and" ouiCfing Owners of (Properties Newly Listed" in the 3Cistorical and Architecturaf Inventory Light Refreshments Wi(((Be Served and Certificates Wifl Be (Distributed u~ c O .N c Q w =3 O U) r U N O N S C 'O Cu a) w z 0 Q v w LLI ~ O W J Q d N W W U cr. S 0 C~ J < U F- 00 ~ ~ c( J H Z CL Z Q M W Z Z m LU p Y Z Q F- ~ S W F- W W 1! Q U ~ a . 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CL IM IL a a C CL n n i c° CO 0) O tN c1 Iq CO t 0 CD N N N r "M r M 0~0 0 t~ CO M N P• co M to co , 7 M N rn t~s FORM B - BUILDING MASSACHUSETTS HISTORICAL COMMISSION MASSACHUSETTS ARCHIVES BUILDING 220 MORRISSEY BOULEVARD BOSTON, MASSACHUSETTS 02125 Photograph Assessor's Number USGS Quad Area(s) Form Number 22/37 F Reading F__] 407 Town: Reading Place: (neighborhood or village) Downtown Address: 643 Main Street Historic Name: Bank Building Uses: Present: professional offices Original: commercial/public hall Date of Construction: 1860 Source: At Wood End, p. 160 Style/Form: French Second Empire (altered) Architect/Builder: John Stevens Exterior Material: Foundation: granite Wall/Trim: brick ,m- Topographic or Assessor's Map i o .l ! ~ .j d ! i j 1 M o ( i LC) a I t~ zs r; •d r jr; r ~ .}1,51 Recorded by: Lisa Mausolf Organization: Reading Historical Commission Date (month 1 year): December 2009 Major Alterations (with dates): . 1926-2 nd floor fagade windows changed, rear two-story, wood-frame add. facing Pleasant St. 1959 - third floor mansard roof) removed, south add. Condition: good Moved: no x I yes I I Date Acreage: 0.15 acre Setting: mixed downtown area Follow Massachusetts Historical Commission Survey Manual instructions for completing this form. Roof: tar & gravel Outbuildings/Secondary Structures: none a aNT sr PL trt s~ INVENTORY FORM B CONTINUATION SHEET READING 643 MAIN STREET MASSACHUSETTS HISTORICAL COMMISSION 220 MORRISSEY BOULEVARD, BOSTON, MASSACHUSETTS 02125 Area(s) Form No. o 407 X Recommended for listing in the National Register of Historic Places. If checked, you must attach a completed National Register Criteria Statement form. ARCHITECTURAL DESCRIPTION: Describe architectural features. Evaluate the characteristics of this building in terms of other buildings within the community. Located at the southeast corner of Main Street and Pleasant Street, the Bank Building is a two-story brick structure originally designed in the French Second Empire style but now lacking its character-defining mansard roof which was removed in 1959. Other important original features which do survive include the corner brick quoins, corbelled brick cornice, the brick band between the stories, the footed window sills on the second story of the fagade and the granite piers at the ends of the fagade as well as the granite door surround. The first floor storefronts have been remodeled several times. Originally they consisted of large plate glass windows over granite aprons; the glass area was later greatly reduced. Much of the window area was filled with brick and the present smaller tripartite sets of double-hung windows were inserted in the early 20th century. The shallow copper canopy supported by square wooden posts is also a later addition. In 1920 the second floor fagade windows were changed and a gambrel wall dormer at the center of the fagade was removed and the cornice repaired accordingly. At that time, the triple arched window at the center of the fagade was replaced by the present tripartite window which is Palladian/Colonial Revival in effect with fluted pilasters. It is flanked by two rectangular openings, now containing pairs of 6/6 windows with transom lights above but which in 1920 were single, multi-light units. The granite sills were reused from the original arched window openings (a triple in the center flanked by two pairs). A pedimented vault alarm, a reminder of the building's former use as a bank, remains on the fagade. The north and south elevations are both five bays wide with 6/6 windows with rectangular, rough hewn granite sills and lintels. The first floor windows have transoms. Projecting from the south side is a single-story, flat-roofed, brick addition constructed in 1959. Offset to the northeast, facing Pleasant Street, is a two-story, flat-roofed addition constructed c.1920 to provide access to the upper floors. The vinyl-sided building projects slightly into the sidewalk compared to the original structure and the junction of original addition is marked by an angled wall. The first floor has a recessed entry and 6/6 windows over paneled aprons. The upstairs windows contain 1/1 units. HISTORICAL NARRATIVE Discuss the history of the building. Explain its associations with local (or state) history. Include uses of the building, and the role(s) the owners/occupants played within the community. In the early 19th century this site was occupied by a tavern built by Nathan Parker in 1806 in order to take advantage of the Andover-Medford Turnpike (present-day Main Street) which was established that same year. In 1860 the tavern was replaced by an imposing brick building with mansard roof, indicative of the French Second Empire style. It was constructed for the Reading Agricultural and Mechanic Association, the town's first banking institution, which was organized in 1831. The new building was designed by John Stevens, an architect-builder from South Reading (Wakefield). The building was constructed by Oliver Wallace of Reading. Difficulties in securing enough bricks initially delayed construction. The space on the (former) third story was known as Ellsworth Hall and was used by the Christian Union Church and by the Masons. In the late 1890s and until about 1906 the J.S. Temple Neckwear Company manufactured cravats on the second floor and used the assembly hall for storage and shipping. A fire on November 31, 1906 damaged the building and resulted in the departure of the necktie company. The upper hall was later used as a meeting place for the Knights of Pythias, the Pythian Sisters, the Ancient Order of United Workmen, the Board of Trade, and the Metropolitan Reading Poultry Association. Still later it was utilized by the Rotary Club who left in the 1950s. Continuation sheet I INVENTORY FORM B CONTINUATION SHEET READING 643 MAIN STREET MASSACHUSETTS HISTORICAL COMMISSION Area(s) Form No. 220 MORRISSEY BOULEVARD, BOSTON, MASSACHUSETTS 02125 407 HISTORICAL NARRATIVE (continued) Various stores were located here over the years. Ira Gray & Co., merchant tailor, draper and dealer in men's furnishings, occupied the southern of the front rooms when the building was first completed and Miss Temple's millinery shop was located upstairs. After Ira Gray died in 1871, the southern store was occupied by a series of grocery stores. Alfred Danforth had an apothecary shop on the Pleasant Street corner from 1871 until 1908. This was later the space occupied by the grocery store of E.S. Gray. The storefront tenants included George Whiting's General Store, a traveling medicine show and then George Winchester had an art and novelty store in the early 1900s. Beginning in 1870 the Board of Selectmen utilized the second floor. The Town Library used the building from 1884 until 1898. Over the years, the building served as the headquarters for several banks including the Reading Agricultural and Mechanics Association, the National Bank, and the Reading Savings Bank. In 1920 the Mechanics Savings Bank purchased the building and shared its space with the Reading Cooperative Bank. In 1926 extensive alterations were made to the building including the removal of the peak in the mansard roof. At the same time, the original arched window openings on the fagade were removed and replaced by the present, larger windows, A new addition on the north, Pleasant Street side,. provided access to the upper floors. In 1957 the Reading Cooperative Bank relocated to 180 Haven Street. The Mechanics Savings Bank became the Reading Savings Bank and modernized the structure in 1959, removing the entire third floor mansard roof and adding the single-story addition on the south side of the building. In 1975 the savings bank moved to. 123 Haven Street and the building at 643 Main Street became the Latham & Latham law offices. The original architect, John Stevens, worked in South Reading (Wakefield) between 1847 and about 1874. His other known works include the Steven Hall House at 64 Minot Street in Reading (c.1850), 21 Chestnut Street in Wakefield (1850), First Congregational Church in Woburn (1860), Wakefield Town Hall (1871), alterations to the Bank Block in Woburn (c.1870) and the Melrose City Hall (1874). BIBLIOGRAPHY and/or REFERENCES Bishop, C. Nelson. "Neat Brick Edifice: Biography of a Building", 1959. [Reading Historical Commission]. Massachusetts Historical Commission, MACRIS database. Reading Public Library, Photograph and Postcard Collection, NOBLE Digital Library Archive Reading 350th Book Committee. At Wood End - Reading, Massachusetts 1644-1994, A Pictorial History, 1994. Continuation sheet 2 INVENTORY FORM B CONTINUATION SKEET READING 643 MAIN STREET MASSACHUSETTS HISTORICAL COMMISSION Area(s) Form No, 220 MORRISSEY BOULEVARD, BOSTON, MASSACHUSETTS 02125 407 'j V, 1, L ! f F , - 1888 View of Prescott storefront Source: Reading Public Library, NOBLE Digital Library Archive Continuation sheet 3 INVENTORY FORM B CONTINUATION SHEET READING 643 MAIN STREET MASSACHUSETTS HISTORICAL COMMISSION Area(s) Form No. 220 MORRISSEY BOULEVARD, BOSTON, MASSACHUSETTS 02125 407 T Source: Reading Public Library, Murphy Postcard Collection, NOBLE Digital Library Archive r• Continuation sheet 4 INVENTORY FORM B CONTINUATION SHEET READING 643 MAIN STREET MASSACHUSETTS HISTORICAL COMMISSION Area(s) Form No. 220 MORRISSEY BOULEVARD, BOSTON, MASSACHUSETTS 02125 407 4r, ~ ,s Source: Reading Public Library, Murphy Postcard Collection, NOBLE Digital Library Archive X100 C-!~?G Continuation sheet 5 INVENTORY FORM B CONTINUATION SHEET READING MASSACHUSETTS HISTORICAL COMMISSION 220 MORRISSEY BOULEVARD, BOSTON, MASSACHUSETTS 02125 643 MAIN STREET Area(s) Form No, 407 ' „ r 11 1 -..-..vqs w't T77 a Source: Reading Public Library, Murphy Postcard Collection, NOBLE Digital Library Archive J Continuation sheet 6 Post 1926 view (note changes to mansard roof and second floor windows) FORM B - BUILDING MASSACHUSETTS HISTORICAL COMMISSION MASSACHUSETTS ARCHIVES BUILDING 220 MORRISSEY BOULEVARD BOSTON, MASSACHUSETTS 02125 Photograph ti ) 5 ~ ~ ~ ~d 3 ~r ~ ° ti Illi'f A u, Assessor's Number USGS Quad Area(s) Form Number 20/238 Reading 443 Town: Reading Place: (neighborhood or village) Address: 26 Vine Street ' Historic Name: Robert & Miriam Barclay House Uses: Present: residential F k Original: residential r Date of Construction: 1935 a y Source: water department records V' 1~ } t,it II ~ ' Style/Form: Cape Cod 4 * a _ Architect/Builder: unknown ` m r r Exterior Material: Foundation: concrete Topographic or Assessor's Map Wall/Trim: wood shingle 9.6 Roof: asphalt shingle 14925 Outbuildings/Secondary Structures: na; 10,100 N 7,500 1. 6.260 Sip ' Recorded by: Lisa Mausolf Organization: Reading Historical Commission Date (month 1 year): December 2009 Major Alterations (with dates). none Condition: fair Moved: no I x I yes I I Date Acreage: 0.23 acre Setting: early 20th century residential neighborhood Follow Massachusetts Historical Commission Survey Manual instructions for completing this form. INVENTORY FORM B CONTINUATION SHEET READING 26 Vine Street MASSACHUSETTS HISTORICAL COMMISSION Area(s) Form No. 220 MORRISSEY BOULEVARD, BOSTON, MASSACHUSETTS 02125 443 X Recommended for listing in the National Register-of Historic Places. If checked, you must attach a completed National Register Criteria Statement form. ARCHITECTURAL DESCRIPTION: Describe architectural features. Evaluate the characteristics of this building in terms of other buildings within the community. The house at 26 Vine Street is a well-preserved early 20th century Cape Cod-type dwelling which is notable for its lack of alteration or addition. The 1 %-story, 5 x 3-bay structure rests on a concrete foundation and is sheathed in wood shingles. The steeply-pitched gable roof is sheathed in asphalt shingles and is punctuated by an offcenter, painted brick chimney with two gable dormers rising from the front slope and additional dormers on the rear (a definite departure from historic prototypes). The six-panel front door has two upper lights and is framed by fluted pilasters topped by diamond-,shaped ornaments. The wooden 6/6 windows have molded surrounds and are fitted with exterior storm windows and board shingles with cut-out designs and original hardware. Along the front eaves there is a dentil-like molding and the eaves on the gable ends are close and end in shallow returns. There is a low stone wall along the front property line and a slate sidewalk leads to the front door. HISTORICAL NARRATIVE Discuss the history of the building. Explain its associations with local (or state) history. Include uses of the building, and the role(s) the owners/occupants played within the community. According to water department records, this house was constructed in 1935 and the first owners were Robert and Anne Barclay. It was later the home of Robert and his second wife Miriam. Miriam A. (Nichols) Barclay was a noted local historian who devoted years to the research and study of Reading history and genealogy. She graduated from Reading High School in 1922 and received a Master's degree from Harvard University after attending Radcliffe College. She taught history in public schools for 19 years including 17 in Brookline. Mrs. Barclay served as secretary of the Reading Antiquarian Society and chairman of the house committee for the Parker Tavern. In addition to hosting school children at the Tavern, she penned historical articles for the Reading Chronicle. After Robert Barclay's death, Mrs. Barclay continued to live at 26 Vine Street until her own death in 1990. That same year, the local history room at the Reading Public Library was named in honor of Miriam Barclay and her fellow historian, Eleanor Bishop. In 1991 the house was sold by Mrs. Barclay's heirs to Susan Savage and Lauren Dunn. BIBLIOGRAPHY and/or REFERENCES Middlesex County South Registry of Deeds, Cambridge, Mass. Reading 350th Book Committee. At Wood End - Reading, Massachusetts 1644-1994, A Pictorial History, 1994: 235 Town of Reading. List of Persons Twenty Years of Age and Over. Compiled by the Board of Registrars, Reading, Massachusetts, 1907-1979. (No women listed until 1924). Town of Reading. Valuation of Real and Personal Estates, various dates. Town of Reading, Water Department Records, 1891-present. Continuation sheet I TO: Board of Selectmen From: Peter. I. Hechenbleikner, Town Manager Dater Wednesday, September 15, 2010 Re: Church Snow Plowing At the direction of an instructional motion from Town Meeting at the 2010 Annual Town Meeting, I discussed the issue of Church snow plowing with Reverend Tim Kutzmark of the Unitarian Universalist Church of Reading (the co-chair of the Reading Clergy Association). He designated Father Steve Rock from St. Agnes Church to be the designated spokesperson for the Clergy Association I contacted Father Rock on June 4, and we met on June 23 with Father Rock, St. Agnes parishioners Fiore and Arsennault, along with DPW Director Jeff Zager. James Bonazoli was unable to attend that meeting. The following summarized our discussion and direction: 1. The Town will do an estimate of our cost of plowing and sanding and salting each of the church lots and driveways this past winter, as a point of reference. We will use an estimated time for each, and a blended contractor/employee hourly rate for equipment and operator. We should have that estimate to you in about two weeks. 2. We will develop a transition plan over three years, after which the Town would not provide the service and each of the churches, collectively or separately, will be responsible for their own plowing and sanding and salting. 3. The Town will continue to be responsible for plowing and clearing snow on public sidewalks as long as that remains the policy town-wide. 4. Even following the end of the Town's responsibility for plowing and sanding and salting transitions to the churches, the Town will respond on an emergency basis to a need, as we would anywhere in Town. 5. We will have Town Counsel draft an agreement between the Town and each of the churches that we provide the service for, agreeing to have the Town reimbursed for plowing and sanding and salting during the transitional period, providing for indemnification, and.agreeing to the transition plan. 6. We will try to have this wrapped up by the end of the summer. On August 9t', I sent along to Father Steve the promised information on the cost, in 2009/2010 of plowing the, various church sites in Town, and offered to meet again on the issue. have not yet asked Town Counsel to draft the agreement per item 5 above, pending further discussion with the Clergy Association. It is getting close to the winter season, and I am concerned that this issue is not yet settled, so I propose to have Town Counsel go ahead and draft an agreement with each of the churches whose snow we have traditionally plowed, and have discussions with each of them about getting the agreement signed by the end of October. 0 Page 1 ~Y 6b Summary of 2009/2010 cost of plowing Church lots Church FYI 0 Hours FY 10 Total Avg Rate Baptist 11 $ 1,760.00 $ 119.59 * St Agnes 15.5 $ 1,689.50 $ 119.59 * St Athanasius . 17 $ 1,859.00 $ 119.59 Old South 5.5 $ 429.00 $ 119.59 Congregational 1.66 $ 129.48 $ 119.59 Nazzarene 6 $ 909.00 $ 119.59 Totals 56.66 $ 6,775.98 Total Hours 56.66 Total Cost $ 6,775.98 Average Hourly . Rate $ 119.59 Total w/Avg $ 1,315.49 $ 1,853.65 $ 2,033.03 $ 657.75 $ 198.52 $ 717.54 $ 6,775.97 * Churches that are' sanded We sanded 17 times in FYI 0. We estimate that time, equipment and material would be $20 per event. This would average to $340 per church in FYI 0. 2 44 1/ 60L TOWN OF READING, MASSACHUSETTS AGREEMENT FOR REIMBURSEMENT SNOW PLOWING/SANDING/SALTING SERVICES This Agreement (the "Agreement.') is effective , by and between the Town of Reading acting by and through its Board of Selectmen ("Town"), with no personal liability to themselves, with executive offices. at Town Hall, 16 Lowell Street, Reading, MA. 01867, and the Church , ("Church") Street, Reading, MA 01867. WITNESSETH: WHEREAS, the Church is in need of manpower, machinery, and equipment in connection with the snow plowing of its property located at Street, Reading, MA (the "Premises"); and WHEREAS, the Town has the available manpower, machinery and equipment available to assist the Church in snowplowing its Premises, and desires to do so; and WHEREAS, the Town has agreed to provide snowplowing services on a transitional 3 year period commencing in the winter of 2010/2011 for a total of 3 winters, after which the Town will not longer provide such services. WHEREAS, the Church desires to retain the Town for snowplowing services, and to reimburse the Town for such services, and the Town desires to provide such services, all according to this Agreement. NOW, THEREFORE, for good and valuable consideration; the receipt and sufficiency which are hereby acknowledged, the parties agree as follows: Section 1. Term This Agreement shall commence on , 2010 and shall expire on April 15, 2013, and shall not be renewed after that date. Section 2. Services to be Provided Subject to reimbursement of all costs by the Church as provided herein, the Town shall perform routine snow plowing, sanding and salting of the Premises. Such, work shall be performed at the initiative of the Director of Public. Works and at such times as local conditions. require that the public ways and properties of the Town be plowed to ensure a reasonably safe condition for use by the traveling public. The Town shall be directly responsible for supervising and controlling the work. The Town agrees to faithfully perform its obligations under this Agreement in a professional and workmanlike manner and in accordance with the standard of care and conduct that is generally acceptable in the business or profession. Section 3. Compensation The Church shall pay the Town for the actual cost of the services provided in accordance with the following schedule: Winter of 2010/2011 Snow Plowing per hour : $120 Sanding per snow event : $ 20 Salt per snow event: TBD Winter of Winter of 2011/2012 2012/2013 $120 $120 TBD TBD TBD TBD The Town shall submit to the Church on a monthly basis, a detailed invoice setting forth the charges imposed for all services provided in the preceding month. Payment shall be due to the Town within thirty (30) days of the Church's receipt of the invoice. Section 4. Indemnification The Church agrees to indemnify and hold harmless the Town, the Board, its agents and employees from and against any all claims, actions, suits, losses, damages, liabilities, costs or expenses, including reasonable attorneys' fees or costs, for bodily injury or property damage that may arise out of the Town's performance of its obligations under this Agreement, and hereby releases the Town from any claim for liability for itself and any officers, agents or employees. Section 5. Waiver . No waiver of any default of either party shall be implied from any omission to take any action on account of such default if such default persists or is repeated; and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent. therein stated. One or more waivers by a party shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition. Section 6. Assignment Neither party shall assign any right or interest in this Agreement nor delegate any obligation without the prior written consent of the other party, except that the Town may utilize contractors to perform its obligations under this agreement at its sole discretion. Section 7. Final Agreement This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing 6~y that is duly executed by both parties or as otherwise expressly provided herein. This Agreement shall be construed and enforced according to the laws of the Commonwealth of Massachusetts. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. TOWN OF READING BOARD OF SELECTMEN: James E. Bonazoli, Chair Camille W. Anthony Richard E. Schubert Stephen Goldy Ben Tafoya CHURCH: By: Title: N OFRFgO SO ~ / ~ 8T a ~ ry s39~INCO RQO¢P Town of Reading 16 Lowell Street Reading, MA 01867=2683 To: Board of Selectmen From' Conservation Commission Date: September 13, 2010 Re: Land transfer, Kylie Drive Subdivision CONSERVATION COMMISSION Phone (781) 942-6616 Fax (781) 942-9071 ffink&i.reading.maAus In 2005, the Community Development and Planning Commission and the Conservation Commission issued approvals for construction of the Kylie Drive Subdivision off Wakefield Street. The subdivision included 8 buildable lots, plus one lot that was isolated from the rest by a red maple swamp. The developer offered to convey this lot, known as "Lot A" of the subdivision, to the Town for Conservation purposes. Lot A contains about 4.29 acres of land. Ab'ou't half of the parcel is a forested wetland that supports an active colony of wood frogs, among other species. A stream channel crosses the western portion of the parcel, while the eastern portion'includes a forested upland area. The location of Lot A is shown on the attached GIS map. Lot A (yellow) directly abuts two Town parcels (green) that make up the Charles Lawn Cemetery, as well as a parcel belonging to Reading Open Land Trust (pink). The developer has already provided trail easements over Lots 4 and 5 of the subdivision (orange). Thus, Lot A is the key link for a walking trail that would connect people living in the neighborhoods of Baker Road, Kylie Drive, Wakefield Street, and Charles Street. Most of the trail would be routed through the upland areas, with boardwalks that would cross short wetland sections. The Commission has reviewed the trail route with the Trail Committee, Reading Open Land Trust, and Bob Keating in the DPW Cemetery Division. Both the Trail Committee and ROLT have expressed support and offered volunteer labor. Mr. Keating has identified an appropriate route that would avoid cemetery plots. Town Counsel has reviewed the attached Quitclaim Deed for conveyance to Lot A to.the Town, and the Deed has been signed by the developer and the Commission. The Commission requests that the Board of Selectmen also approve the conveyance and sign the. last page of the Deed. A suggested motion is attached. Please return to the Conservation office after signing so that we can record the Deed at the Registry. ~s AGREEMENT This Agreement ("Agreement") is dated as of the day of September, 2010 between the Town of Reading, a municipal corporation with an office at 16 Lowell Street, Reading, Massachusetts 01867, acting by and through its Board of Selectmen (the "Town") and PRI Cedar Glen, LLC, a Massachusetts limited liability company with an office* at Commerce Center, 30 Exchange Terrace, 2nd Floor, Providence,. Rhode Island 02903 ("PRI Cedar"). The following sets forth the background to this Agreement: A. GR-Cedar Glen Limited Partnership (the "Current Owner") is the owner of a certain multi-family residential community known as Cedar Glen, located at 2 Elderberry Lane, Reading, Massachusetts (the "Property"). B. The Property has the benefit of a Comprehensive.Permit issued pursuant to M.G.L. c. 40B by the Reading Zoning Board of Appeals on June 9, 1977, which was received by the Reading Town Clerk on June 9, 1977 (the "Comprehensive Permit"). C. The Comprehensive Permit states that the Town or the Reading Housing Authority ("RHA") shall have a right of first refusal to acquire the Property in the event of the transfer or proposed transfer of the Property. D. The Current Owner, along with other entities controlled by Equity Residential ("EQR" as sellers (collectively, the "Seller"), and Rhode Island Homes, LLC ("RIH"), an affiliate of PRI Cedar, as buyer, have entered into an Amended and Restated Real Estate Sale Agreement dated as of September 23, 2009 (as the same may be amended, amended and restated, supplemented or otherwise modified from time to time, the "Purchase Agreement"). Pursuant to the terms of the Purchase Agreement, the Property, along with other properties owned by the Seller, are to be sold to RIH, or its permitted assignee(s), subject to the terms and conditions thereof PRI Cedar is RIH's permitted assignee that will take title to the Property pursuant to the Purchase Agreement. E. The Current Owner and PRI Cedar have requested that the Town and the RHA waive their right of first refusal under the Comprehensive Permit with respect to the sale of the Property contemplated by the Purchase Agreement. F. The Town has requested that PRI Cedar enter into this Agreement in consideration of the Town's willingness to so waive its right of first refusal. . Accordingly, for Ten Dollars and other good and valuable consideration, it is hereby agreed as follows: 1. The Property currently has the benefit of a Housing Assistant Payment Contract (the "HAP Contract") pursuant to Section 8 of the United States Housing Act of 1937, as 12962162.3 /~6 amended. PRI Cedar agrees that when the HAP Contract expires or is near expiration PRI Cedar shall seek to enter into a renewal of the HAP Contract for the longest possible period and for the maximum number of apartment units available; provided that PRI Cedar shall have no obligation to enter into such a renewal HAP Contract unless it is on comparable economic terms with the HAP Contract for the Property that is current on the date that PRI Cedar acquires the Property from the Current Owner. 2. For a period of sixty years following the purchase of the Property by PRI Cedar, when the initial renewal HAP Contract for the Property entered into by PRI Cedar pursuant to paragraph 1 of this Agreement and subsequent renewal HAP Contracts for the Property entered into by PRI Cedar expire or are near expiration, PRI Cedar shall seek to enter into further renewals of the Property's HAP Contract or its equivalent for the longest possible period and for the maximum number of apartment units available; provided that PRI Cedar shall have no obligation to enter into any such renewal HAP Contract or its equivalent unless it is on comparable economic terms with the then-current or most recently expired HAP Contract for the Property. 3. To the extent permissible under applicable law, and subject to and subject to obtaining any required approvals, in renting dwelling units at the Property, PRI Cedar shall make best reasonable efforts to collaborate with the Town and RHA to give preference to residents of Reading, employees of Reading, employees of businesses located in Reading, and households with children attending Reading schools. The parties acknowledge that based on current legal requirements, only a portion of the dwelling units will be subject to such local preference. 4. The undertakings by PRI Cedar in this Agreement are expressly conditioned on (i) the consummation of the acquisition by PRI Cedar of the Property pursuant to Purchase Agreement; and (ii) the execution by the Town and the RHA of the Waiver of Right of First Refusal in the form attached hereto as Exhibit A, and the recording of such waiver with the Middlesex (South) Registry of Deeds, and shall be binding solely on PRI Cedar solely under those circumstances. The undertakings of PRI Cedar under this Agreement shall be binding on PRI Cedar's successors and assigns as owners of the Property. [Signature Pages Follow] 2 12962162.3 ARTICLE 13 To see if the Town will vote to authorize the Board of Selectmen to file a Home Rule Petition with the General Court of the Commonwealth of Massachusetts, and that the legislation be. adopted precisely as follows, except for clerical or editorial changes of form only unless the Selectmen (or other municipal executive) approve amendments to the bill before enactment by the General Court. The Selectmen (or other municipal executive) are hereby authorized to approve amendments which shall be within the scope of the general public objectives of this petition: "An Act Authorizing the Town of Reading to Grant One Additional License for the Sale of All Alcoholic Beverages Not to be Drunk on the Premises in the Downtown Smart Growth District" Section 1. Notwithstanding Section 17 of Chapter 138 of the General Laws, or any other general or special act to the contrary, the licensing authority of the Town of Reading may grant an additional license for the sale of all alcoholic beverages not to be drunk on the premises to a business located within 'the Town of Reading . Smart Growth 40R District roughly bounded by Woburn Street, Union Street, Pleasant Street, Parker Street, Haven Street, Ash Street, Gould Street, Green Street, High Street, Brande Court, Linden Street and Sanborn Street in the Town of Reading under Section 15 of said Chapter 138. The licensing authority shall not approve the transfer of the license to any other location but it may grant the license to a new applicant at the same location if the applicant files with the licensing authority a letter from. the Department of Revenue indicating that the license is in good standing with the Department and that all applicable taxes have been paid. Section 2. If the license granted under this act is cancelled, revoked or no longer in use, it shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto to the licensing authority, which may then grant the license to a new applicant at the same location and under the same conditions as specified in this act. Section 3. The license shall be subject to all of said chapter 138 except said Section 17. Section 4. This act shall take effect upon its passage. Or take any other action with respect thereto. Board of Selectmen