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HomeMy WebLinkAbout2010-09-21 Board of Selectmen Packetof R�AOr� c ' Town of Reading `moo Ewa 16 Lowell Street j639 rx Re��P� Reading, MA.01867 -2685 FAX: (781) 942 -9071 Email: townmanager @ci.reading.ma.us Website: www.readingma.gov MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: September 16, 2010 RE: Agenda -September 21, 2010 TOWN MANAGER (781) 942 -9043 4a) The proposed purchaser of the Addison Wesley property will be in to do a brief presentation to the Board of Selectmen, to introduce themselves. Stephen Goldy and I met with representatives of Addison Wesley Pearson and Pulte Homes in early September at Addison Wesley Pearson's request. 4b) Included in the packet is a copy of the approved CPDC approval of the Oak Tree Development. Also included in the Warrant is a Home Rule Petition requesting an additional All Alcohol Package Store License within the 40R Downtown Smart Growth Zoning District. This is presented at the request of Oak Tree and pursuant to previous discussion by the Board of Selectmen. 4c) The draft Warrant is enclosed for the Board's information. It had been anticipated previously that all the Sign Bylaw amendments would be in a single Article, but it makes sense to split them into separate Articles as CPDC had proposed. There may be some minor modifications to the Warrant prior to Tuesday evening. 4d) SammyJo's Bakery has requested an early opening at 5:00 a.m. The bakery is located. on Haven Street. The information enclosed in your packet consists of the request, the policy established by the Board of Selectmen on early openings, and comments from the Public Health Administrator and the Chief of Police. 4e) Representatives from the Historical Commission and their consultant will be in to present to the Board of Selectmen the updated historical inventory and their public process. I have asked them to focus specifically on issues related to economic development and commercial zoning. 143 4f) Please see the attached material regarding church snow plowing.. I also heard on Wednesday from Father Steve Rock from St. Agnes, that St. Agnes, the Korean Church of the Nazzarene on north Main Street will want to opt into the Town plowing their parking lots over the next three years. I have asked Town Counsel to draft an agreement between the participating churches and the Town. Any comments or suggestions from the Board of Selectmen would be appreciated. Also, the instructional motion asks for a report to Town Meeting at the Subsequent Town Meeting on this matter. 4g) As part of the CPDC approval of the Kyle Drive subdivision off of Wakefield Street, a large portion of land is to be deeded to the. Conservation Commission, The Commission has approved the deeding of this land and it needs only Selectmen's approval. The map in the packet shows the land to be deeded. There are also pedestrian access points to this land. 4h) Approval of Agreement — Cedar Glen — The purchasers of Cedar Glen are finally ready to move ahead with their purchase. They had initially approached us about a year ago. Town Counsel has reviewed the agreement. The Housing Authority has approved the agreement. The agreement includes local preference, which was one of the issues that the Town felt that they would like to get in this agreement. 7a) I've ,given the Board of Selectmen a background agreement on the purchase, sale, lease, or value of real estate for a brief Executive Session. PIH /ps. 4 Town Of Readim V' 16 Lowell Street, Reading, NIA 01867-2683 Phone: -781-942-6654 fax: 791-942-907 1 ivebsite: ivWw.dread1nganaus1p1ann!ng e-mail: jdelios@ci.rwding.itia.tis . � • COMMUNITY PLANNING AND DEVELOPMENT COMT&SSION September 13, 2010. C:D Final SW'Plan'Review Decision rT1 V Project., 30 Haven Stieet, Oaktree Development r7l W cr) To the Town Clerk: This is to certi/y, at a public hearing of the Reading Community Planning and Development Commission (CPD Q opened on May 10, •610 continued to May 24, 2010, June 1401, 2010, , August 23rd, and closed on September 13, 2010, by a motion duly made and seconded, it was voted: "We, the CPDC, as requested by'Oaktree Development, under the provisions of Section 4.12 of the. Zoning By-Laws . of the, T . own of Reading, ing, to consider the, contemplated site plan development for property addressed. at 30 Haven Street (Assessors'Map 16, Lot 347), a . s shown' on the plans entitled "Site Development Plans 30 Haven Reading, MX' set ii-idexed Al though A25 dated August 11, 2010 and sheets C-1 through C-7. dated August 11, 2010 and revised on September 7, 2010, prepared by DeVellis Zrein' Inc. for Oaktree Development, do y vote; 4 . -0-1to approve the said plans, subject to the - Findings and Conditions below. MATERIALS: The following materials in addition to the plans as recorded were submitted into the public record on the fallowing dates: March 26, 2010 Stormwater Management & Operation & Maintenance Plan for 30 Haven St, Reading, MA prepared by DeVellis Zrein Inc. of Foxboro dated March 26, 2010. Revised August 5, 2010. April 12, 2010 Site Development Plaps•for 30 Haven. Street-, Reading, MA prepared by DeVellis Zrein . Inc.. of Foxboro, Sheets C-1, C-2, C-3, C-4, L1, 'L2, Al, A21, A3, A4, A5, A6, A7, AS, A9, A10, All, Al2, A13, A14, A15, A16, A17, A18, A19, A20 dated April 12, 2010. April 12, 2010 Existing conditions site plan for. 30 Haven Street, Reading, MA prepared by John F. McQuilkin Jr. of JM Asso'ciates dated March 9, 2010. wb� A Oalctree Development, Site Plan Repiew DeCLSiOn Town of Reading CPDC 30 Haven Street April 1.2, 2010 Cover letter.and development narrative dated April 12, 2010 and Downtown Smart Growth District (DSGD) . Site Plan Review application form, abutter's list and envelopes. April 12, 2010 Sample affordable housing application. April 12, 2010 Development Review Team notes from April 5th; 2010. April 27,2Q10 Memorandum from Conservation Administrator Fran Fink to the Community Planning & Development Comrrussion Re: 30 Haven Street, Downtown Smart Growth District Application dated April 27, 2010. April 28, 2010 Electronic Email from Fire Chief. Greg Burns to Staff Planner Abby McCabe Re: 30 Haven St - Site Plan Review Comments dated April 28, 2010. May 5, 2010 Certification of Completeness/ Advisory Report dated May 5s1, 2010.to Gwendolen Noyes of Oaktree Development from CPDC Chair Nick Safirna. May-13,2010 Electronic Mail from Town Planner, Jean. Delios, to Gwen Noyes of Oaktree Development dated Thursday May 13, 2010. May 17, 2010 Memorandum from Peter Hechenbleikner to CPDC dated May 17, 2010 RE: Board of Selectmen Comments - Oak Tree. May 20, 2010 Ten page letter from Phil Terzis of Oaktree Development to Jean Delios Re: 30 Haven Street: Response to Comments dated May 20, 2010.. May 20, 2010 Shadow Study prepared by. DeVellis Zrein Inc. and Oaktree Development dated May 24, 2010 for 30 Haven Street. May 20, 2010 Mitsubishi Electric Mr. Slim specification sheets for the air conditioning system. ' 'May 20, 2010 Maverick-Cooling Unit Systems and physical acoustical data. May 20, 2010, Informational HVAC Acoustical Diagram prepared by DeVellis Zrein Inc. dated May 24, 2010 for 30 Haven Street. June 3, 2010 Electronic Mail from Ann Ward to Jean Delios Subject: Trees dated Thursday June 3, 2010. June 4,'2010 Electronic Mail from Mary Ellen O'Neill to. Jean Delios Subject Trees at Former Atlantic Site dated Friday June 4th. June 6, 2010 Electronic Mail from Gwen Noyles to Mary Ellen O'Neil .Subject: Trees at Former Atlantic Site dated June 6, 2010. June 9, 2010 Density Waiver Request letter. from Gwendolen G. Noyes of Oaktree Development to the Reading Planning Board dated June 9, 2010. ' June 14, 2010 Revised, site -plan entitled, "Site Plan Parking Concept for 30 Haven Street" prepared by DZI DeVillis Zrein Inc. sheet C -1 dated April 12, 2010. June 23, 2010 Memorandum from Town Engineer, George J. Zambouras, to Community Services Director /Town Planner, Jean Delios Re: Oaktree Development - 30 Haven Street dated June 23, 2010. Page 2 of 1- 6 Oaktree Development, Site Plan Review Decision Town o f Reading CPDC 30 Haven Street July 13, 2010 Trip Generation Assessment - Reading prepare d by TEC, Inc. dated July 12, 2010. July 26, 2010 Site Plan Review Extension Request from Oaktree Development filed with the Town Clerk on July 28, 2010 approved by the CPDC on July 26, 2010. August. 10 2010 Engineering Support prepared by TEC, Inc. dated Traffic Engine August 10, 2010 July 26, 2010 Site Plan Review Extension Request from Oaktree Development filed with the Town Clerk on July 28, 2010 approved by the CPDC on July 26, 2010. August 11, 2010 Cover Letter from Oaktree Development Phil Terzis to Community Services Director/ Town Planner jean Delios Re: 30 Haven Street dated August 11, 2010. August 11, 2010 Revised Site Development Plans for 30 Haven Street Reading, MA prepared by DZI DeVellis Zrein Inc. for Oaktree. Development LLC dated August 11, 2010 sheets C-1 through C- 6- and- Al through A25. August 11, 2010 Traffic Report prepared by TEC of Lawrence, MA for Oaktree Development, LLC for 30 Haven Street entitled Traffic Engineering Support for Proposed Mixed•Use Development 30 Haven Street - Reading, Massachusetts dated August 10, 2010. August 11, 2010 Stormwater Management and Operation and Maintenance Plan- for 30 Haven Street Reading, MA dated March 26, 2010 and revised on August 5, 2010. August 18, 2010 Memorandum from Town Engineer George Zambouxas to Community Services Directof/Town Planner jean Delios and CPDC Members RE: Oaktree Development - 30 Haven Street dated August 18, 2010. August 23, 2010 August 23, 2010 Oaktree Development Site Plan Review - Checklist of Outstanding Issues prepared by Town Planner jean Delios. September 7, 2010 Cover Letter from Gwendolen Noyes of Oaktree Development to Community Services Director/Town Planner Re: 30 Haven Street Redevelopment dated September 7, 2010. September 7, 2010. Site Development Plans for 30 Haven Street, Reading, MA dated August 11, 2010 and revised on September 7, 2010 sheets C-1 through C-7. September 9, 2010 Electronic Mail from Reading Tree Warden Bob Keeling to Staff Planner Abby McCabe Subject: Planting Plan for 30 Haven Street email sent September 9, 2010. September 13, 2010 Memorandum from Town Engineer George Zambouras to Town Planner jean Delios and the CPDC Re: Oaktree Development - 30 Haven Street dated September 13, 2010. September 13, 2010 Test Boring Log for Atlantic Food Store 30 Haven Street, Reading, MA prepared by Soil Exploration Corp. dated August Page 3 of 13 7 Oaktree Development, Site Plan Review Decision n Havers Street 31, 2010 provided to the CPDC during the September 13 public Town of-Reading CPDC hearing. FINDINGS: 1. This four story project is being proposed undei the Downtown Sniaxt Growth Zoning Overlay District (DSGD). The Applicant is proposing a mixed use development. The first floor will include Business and Service Uses, and the upper 3 floors will be residential. The site plan depicts the first floor commercial/ retail uses as a restaurant, retail, consumer services and possibly an office space in accordance with Section 4.12.7 of the Zoning By -Law. The plans show upper stories as three floors of multi-family residential.. Parking for the building's residential tenants will be in the underground private parking garage. The proposed uses are permitted as-of-right according to the Section 4.12.5.1. "Allowed Uses" of the DSGD. 2. The Site Plan Review 'Application fee for this project, which was due upon application submission, has been deferred per an agreement with the Town Manager. A condition of the deferral states that it must be paid to the Town in full by October 31,2010 or prior to the issuance of a building permit, whichever comes first. 3. CPDC opened the public hearing on May 10, 2010 and continued the public hearings until a vote to close the public hearing Was made on September 13, 2010. At the June•14111 CPDC meeting, the CPDC voted to grant the density waiver request to exceed the 20 units per acre dimensional limitation of the - DSGD zoning by-law with the following conditions: a. Waiver is granted subject to Section 4.12.12 "Waivers" of the Zoning By-Law; b. A major reason for granting the waiver is because of the commitment of the applicant to make substantial improvements to the public parking (Braude Court Municipal Parking Lot) being made by the applicant; c, The Waiver shall be for this development to have a maximum of 56 total residential units at a density. of 7.3 units per acre d. The Waiver is subject to'the successful resolution of both the Site Plan *Review and the issues outlines. in the Certificate of Completeness/Advi.sory Report from the CoMmiInity Planning and Development Commission to Oaktree Development dated May 5, 2010. e. This waiver was granted with the condition that a transportation. management plan and pedestrian connection between the rear Page 4 of 13 8 0aldree Developinent, Site Plan Review Decision 30 Haven Street and front of the building /site be provided and subject to the approval of this Site Plan Review Decision. Town of Reading CPDC 4. The proposal meets the dimensional requirements of Section 4.12.6 "Dimensions and Other Requirements" of the DSGD. - The proposed building height is 45 feet, the building's fourth floor step-back is a minimum of 5 feet front the primary building face in accordance with Section 7.1.2. of the DSGD Design Standards and Guidelines, the floor area ratio '(FAR) is 2.78, t-he.front setback is 0 feet, and the minimum lot frontage is over 50 feet. 5. Parking - According to Section 4.12.8.1. "Off-Street Parking" of the DSGD Zoning By-Law, retail stores, offices and consumer service establishments located within 300 feet of a public off -street parking facility shall be exempt from off -street parking requirements. Residential units are required to provide 1.25 parking spaces per unit. The Applicant is proposing 76 parking spaces for the residential units in the underground parking garage and thus this proposal meets Reading's parking requirements. 6. Off- Street Loading & Delivery -This proposal include's a 23 ft loading space at the rear of the building off of Braude Court. The Applicant has requested and the CPDC hereby voted 4-0-lon September 13, 2010 to allow a waiver from Section 4.12.8.2. which requires at least, five loading spaces. According to Section 4.12.8.2 of the Zoning By-Law, front door and on street deliveries are not allowed. for non residential establishments on Haven Street. 7. Parking and Site Circulation - At their sole expense, the Applicant has agreed to make improvements to the rear municipal parking lot and the Have ' n Street streetscape that will results in a total of 117 public parking spaces (a rediiction of three spaces from the existing layout), maintain the two way right of way between Haven Street and the rear of the site- to improve vehicular and pedestrian circulation, create a pedestriah-friendly sidewalk bump out on Haven Street and add a 5 foot sidewalk along the east side of the property connecting the municipal lot to Haven Street as shown on the site development plans submitted by the Applicant on sheets C-1 through C-7 dated April 12, 2010 and revised on September 3, 2010. The changes to the municipal parking lot and public ways are subject to the review -and approval of the Board of Selectmen. 8. Geotechnical Report and Ground Water Report - A Geotechnical Report and Ground Water Report shall be submitted to the Town Engineer and Town Planner. The Report shall address all items stated in the Town Engineer's memo to the Town Planner and CPDC dated September 13, 2010and is subject to the approval of the Town Engineer. Any modifications to the plans as submitted, resulting ' from additional information pertaining to the geotechnical and ground water reports will require review and approval from the Town Engineer and Town Planner. If there is a need for additional equipment or structures to be added to handle the subsurface water, it will be required to be done within the Page 5 of 13 f91 q-�s Oaktree Development, Site Plan Review Decision Town of Reading CPDC 30 Haven Street boundaries of the existing building. No exterior pump houses or other potential, Ing water related structure/ equipment will be allowed•. 9. Drain Line Conflict - Based on the information furnished, it is possible that the existing drain line traversing the property could be at an elevation that conflicts with the proposed underground parking area. The status of the potential grade conflict shall be reviewed and approved by the Town Engineer to verify this condition. Should the conflict be unavoidable a relief drain of equal capacity will be required to be re-routed around the building to the discharge point of the , existing dyain so that the Town will not lose . drainage carrying capacity of the current drainage system. 10, Shared Parldng for Visitors & Employees - A letter from Oaktree Development dated September 7,. 2010 proposes one underground parking space for each tenant/ owner of the building's commercial or retail space and allows the property manager to assign overnight guest parking spaces when available. 11. Public Access / Pedestrian Connection - Sheet C-1 Layout and Parking Plan dated I April 12, 2010 and revised on September 3, 2010 proposes, a.five (5) foot sidewalk along the east side of the property next to the building and the right of way. The sidewalk allows for safe pedestrian travel between Haven Street . and the municipal parking lotto the rear of the property. 12. Consistency with 2005 Master Plan The Reading Master Plan (adopted, February 25, 2006) was the result of several.years of work by the Master Plan Advisory Committee. Thd proposal for 30 Haven Street meets many of the goals and objectives stated in the Master Plan, such as; increasing Reading's affordable housing units, promoting diversity in housing types and households, -introduces mixed use in the downtown, and enhances the economic vitality of the downtown. 13. Consistency with the Goals of the Downtown Smart Growth District (DSGD) • Provides mixed-use development in the downtown. • Promotes pedestrian friendly redevelopment downtown. • Provides a diversified housing stock at a variety of costs within walking distance to public transportation. • Generates positive tax revenue for the Town and allows the Town to benefit from the. financial incentives of Mass. Gen. Laws Ch. 40R. The following conditions shall be required at the Applicant's sole expense, unless otherwise noted. CONDITIONS: Prior to Applying for Building Permits (including demolition permits): 1. The Site Plan Review fee in the amount of $14,048 must be paid in full. Page 6 of 13 j� � W Oalctree Development Site Pla . n Review Decision. Town of Reading CPDC 30 Haven Street 2. Twenty percent (20%) of all the dwelling units shall be affordable units as per Zoning By-Law Section 4.12.10.1 and shall comply With all. of the requirements of Section 4.12.10.. The Applicant is required to submit evidence to the Town Planner that the project meets the cost.and eligibility requirements. 3. Prior to the issuance of a building permit and marketing of any, units, the affordable units are subject to an Affirmative. Fair Housing Marketing Plan approved by the Massachusetts DepartrAent of Housing and Community Development (DHCD). The Affirmative Fair Housing Marketing Plan and the DHCD apprbval must be submitted to the Approving Authority (CPDC) - through the Town Planner before any building permits are issued as proof that all Ing conditions of Zoning By-Law Section 4.12.10.5. have been satisfied. 4. Prior to the issuance of building permits, an Affordable Housing Restriction. Form must be submitted to the Approving Authority (the CPDC) through the Town Planner with DHCD's approval verifying compliance with the 40R requirements under 760 CUR 56.00 and Reading Zoning By-Laws Section 4.12.10.5. 5. In accordance-vAth Section 4.12.10.3 "Design and Construction" of the Zoning By-Laws, the I affordable units must be dispersed throughout the Development Project and be comparable in initial construction quality and exterior design to the unrestricted units. 6. The total number of bedrooms in the affordable units must ' be at least proportionate to the total number of bedrooms in all units of the project of which the affordable units is part as per Section 4.12.10.4 "Unit Mix" of the Zoning By- Laws. 7 Facade: According to the Building Design Standards in Section 7.1.2. of the', DSGD Design Standards and Guidelines,'the front and rear facades of four story buildings shall step I back a minimum of five feet from the primary building face at either the second or fourth f1dor levels over 50% of their length, or offer alternative. strategies for scaling building height as shown on the approved plans. The building fagade shall be substantially as indicated on the architectural plans and elevations dated April 12, 2010* and updated August 11, 2010 on sheets indexed A3 - Al2 for 30 Haven Street prepared by DeVellis Zrein Inc. for Oaktree Development LLC. Any change's to these plans shall have prior approval by the CPDC. ' As design of the fagade becomes more finalized, materials and rear elevation design specifics shall be provided for review by the CPDC at the Design Development Stage. 8. Drainage I & Storm Water.Management: Per Zoning By-Laws Section 4.3.3.5.4. and DSGD Design Standard * s and Guidelines Section 8.6, the drainage design must conform to DEP storm water regulations and Best Management Practices (BMT), subject to the approval of the Town Engineer, The Operations and Maintenance Plan shall include a map of the system, easements required, a Page 7 of 13 &1 11 O*aktree Development, Site Plan Review Decision Tozvn of Reading CPDC 30 Haven Street schedule for maintenance activities, and all provisions of the Town Engineer's memo to the CPDC dated September 13, 2010 shall be adhered to subject to the approval of the Town Engineer. 9, Grading and Utilities: The CPDC approves the plans entitled "Site Development Plans for 30 Haven Street" sheet C-1 Grading and-Utilities Plan prepared by I)eVelhs Zrein Inc. dated April 12, 2010 and lastly revised on September 3, 2010, The plans shall be updated to show the changes recommended in the Tow. n Engineer's September 13, 2010 memo to the CPDC and subject to the approval of the Town Engineer. 10. Landscaping: The Planting Plan on sheet C -5 and C-6 of the Site Development - Plans for 30 Haven Street plans dated April 12, 2010 and revised on September 3, 2010 shows fifteen 3 - 3.5 inch caliber deciduous trees proposed along Haven Street, along the sidewalk at the -rear of the building and in the municipal parking lot. A further revised landscaping plan shall be submitted to the Town Planner and Approved by the Town Engineer And Tree Warden. The revised landscape plan should replace the five October Glory Red Maples proposed for the municipal lot with Armstrong Maples. The five Red Oaks proposed on Haven Street should be substituted with 'a variety of Pin Oaks. The location of all trees along the sidewalk or street shall be located to allow for a min mum of a five (5) foot clearance. A detail of the landscaped planting beds shall also be provided on the revised landscape plan. The property -owner shall be responsible for the survival of all the trees (both on and off site) for one year after they have planted, thereafter, they will be maintained by the Town of Reading. However; the planting beds and landscaped areas (both on and off the Applicant's property) shall be maintained by the property owner or property manager. The existing street trees on Haven Street shall be preserved through a plan for relocation to be included in the final landscape plan submitted to the Town Planner. Contact information for the individual responsible for maintenance of the landscaped areas shall also be provided to the Town Planner. 11.' Sustainable Design: The ApplicAnt has agreed to use sustainable construction techniques and materials for the new construction consistent with the Guiding Principles of the DSGD Design Standards and Guidelines Section 6.5. Specification sheets for the air conditioning system were submitted with this application and during the public hearing. 12. Dumpster Enclosure: The details of the dumpster enclosure shall be submitted to the Town Planner and the Health Department for review and. approval. A dumpster permit from the Health•Department is required. 13. In accordance with Zoning By-Law Section 4.12.16, proof that this Site Plan Review Decision has been filed with the Middlesex South District Registry of Deeds should be submitted to the Town Planner. Page 8 of 1. 12 I Oaktree Development, Site Plan Review Decision Tfti o f Reading CPDC 30 Haven Street 14. Full construction documehts shall be submitted for a plan review by the Fire Chief or his designee prior to the issuance of a building permit.'The fire alarm must be connected to a master box' connection to the municipal fire alarm and have monitoring by a Central Station service. The fire alarm must be a Class A system and the fire -sprinkler system must meet the requirements of N.F.P.A.13. 15. Public Access: According to Section 4.3.8.5.6. of the Zoning By-Laws, a certification that the-proposal is in compliance with the Americans with Disdbilities Act and the Massachusetts Access Barriers Board shall be submitted to the Town Planner and the Building Inspector prior to applying for building. permits. 16. Pre - Construction meeting: The Applicant shall coordinate with the Town Planner a pre - construction meeting with Town staff at least 30 days prior to applying for building permits to review these conditions and any and all final 9 construction sequencing, details and plans for this project. During Construction: 1. Per Zoning By-Laws Section 4.3.3.6.j., Hours of Construction shall be adhered to as per Section- 5.5.8. Construction Hours and Noise Limits of the Town of Reading General By-Laws and said hours shall be posted in a conspicuous place at the entrance prior to any work on the site. 2. 'Town staff or their designee shall have reasonable access to inspect the site to determine compliance with this Decision. All drainage facilities shall be subject to inspection by the Town.- 3. Per Zohin'* 9 By-Laws Sect-ion 4.3.3.6., the Applicant and/or its contractor-shall provide during construction complete, full coordination with local officials on* making alterations to existing utilities, further all utilities on site shall be installed underground, subject to local utility approval. 4. Per Zoning By-Laws Section 4.3.3.6.j., construction activities shall be conducted in a workmanlike manner at all times. Blowing dust or debris shall be controlled by the Applicant through stabilization, wetting down, and proper storage and- disposal methods, subject to the approval of the Health Administrator or designee. The Applicant shall ensure that abutting local streets are kept clear of dirt and debris, which may accumulate as a result of construction activities for the Project, and documentation, shall be provided demonstrating ongoing post management control, subject to the approval, of and -administration by the Health Administrator. 5. A bond shall be posted for the final As-Built plans and will be returned to the Applicant once the requirements of Condition number 15 under "Prior ' to the Issuance of a Permanent Certificate of Occupancy" are met. The bond amount shall be determined by the Town Ehgineer. Page 9 of 13 13 Oaldree Development, Site Plan Review Decision Tdwnof Reading CPDC 30 Haven Street Prior to the Issuance of a Permanent Certificate of Qg9x_an_C_Y_- 1, signage: Signs for each business requires a Certificate of Appropriateness or a Master Signage Plan for the property shall be submitted foi review and approval . by the CPDC before being subrr-utted to the Building *Inspector for a sign permit. The proposed signage must comply with.Section 9 of the DSGD Design Standards and Guidelines. No signage is approved by this decision. 2. Noise: The roofto p mechanicals, or any exterior building equipment, shall be . screened with sound control devices or construction that mitigates the equipment noise. 3. The fagade of the proposed building shall be substantially as indicated on the architectural plans and elevations for 30 Haven Street Reading, MA sheets A-3 through sheets A-12,.prepared by DeVelis Zrein Inc, for.0aktree Development LLC dated April 12, 2010 and revised on -August 11, 2010. 4. The retail and commercial -spaces on the first floor shall be prim ' axily transparent fagade elements to reinforce the public nature of the ground floor uses as shown on the submitted plans and elevations in accordance with Section 7.3.2 of the DSGD Design Standards and Guidelines. 5. Ground floor commercial and retail uses shall be a minimum of 60% glass and the view into the first floor windows shall be m ' aintained with a view into the sales floor or seatin . axea as indicated on the. approved plains and elevations. The 9 ground floor windows shall not be blocked as per Section 7.4.2. of the DSGD Design Standards and Guidelines. 6. Public bike racks shall, be installed on the east side of -the site as shown on the approved site plans., 7. According to the DSGD Design Standards and Guidelines Section. 7.2.4., Rooftop mechanical equipment shall be set back from building facades so that it is not visible from street views, screened from view behind parapets enclosed within architectural elements that integrate it into the building design. 8. Proof that the Affordable Housing Restriction for, each affordable unit has been recorded with the Middlesex.South District Registry of Deeds. 9. Lighting: All site lighting shall confirm to the DSGD Design Standards and Guidelines Section 8.4 and shall conform to the dark skies standards.• All site lighting shall be designed to cut off light at the property line. The proposed wattage for each fixture type shall be approved by the Approving Authority (CPDC) before the certificate of occupancy is issued. Fixture cut sheets shall be required to be approved by the Approving Authority. (CPDC) in advance of ordering and installing to demonstrate compliance With DSGD Design Page 10 of 13 14 Oaktree Developinent, Site Plait Review Decision Town of Reading CPDC 30 Haven Street Guidelines 8.4.6 and with the requirements for cut-off shields. Gooseneck or other lighting that will be used on the fagade to illuminate the signage for the first floor commercial/retail spaces shall be approved by the Approving Authority (CPDC). 10. All building awnings shall be made * of fire resistant, -water repellent marine fabric in accordance with DSGD Design Standards and Guidelines Section 9.4. Internally illuminated awnings are not permitted, except as down lighting this is intended to illuminate the sidewalk under the awning. Fabric awnings were proposed with this project, however, awning color was not determined during site plan review. An awning plan showing color and other details shall be submitted to the Town Planner for review and approval. 11. Public Safety: An emergency device to allow access in and out of the underground parking garage shall be installed if a parking gate . is installed. 19. Shared Parking for Visitor . s & Employees: A shared parking agreement or lease . for employee and /or visitor parking . dng overflow at a nearby off-site location should be submitted to the Town Planner prior to the issuance of a final certificate of occupancy. 13. Landscaping: The property o . Wner or property manager shall be responsible for maintaining the landscaped planting beds in the areas surrounding the property. Contact information for the responsible parties shall be submitted to the Town Planner. 14. The dumpster, storage and loading dock area shall be screened from view in accordance with Section 4.3.3.6.d and Section 4.3.3.6.j of the Zoning By-Laws. Screening details to be submitted and approved by the. Town Planner. 15. Two full size paper copies and electronic AutoCAD final As-Built plans showing the building footprint, drainage systems and utility connections shall be submitted to the Town Planner and Town Engineer to ensure compliance . with this decision and other applicable Town standards. The bond held for this requirement will be returned to the Applicant once this condition has been fulfilled. After Occupancy. 1. Lighting: All building lighting shall comply with the dark sky initiatives (light shall shine down only) with the light source being fully shielded so that no lighting or glare spills onto abutting properties. 2. Deliveries & Loading: Per Zoning By-Laws Section 4.12.8.2., front door * and on- street deliveries are not allowed for non-residential establishments on Main and Haven Streets. Deliveries are limited to the rear of the site only. There shall be no . deliveries earlier than 6:00 AM or after 9:00 PM Monday through Friday and no early than 9:00 AM or after 5:00 PM on Saturdays and Sundays. Page 11 of 13 15 Oaktree Development, Site Plan Re-view Decision Town of Reading CPDC 30 Haven Street 3. The Applicant or future owner shall have the responsibility for maintaining or replacing landscaping, fencing, lighting and other street furniture items included on the approved site plans. 4. Snow storage: Snow shall not be stored on site or in the public parking area. 5. Trash Removal: In accordance with Zoning By-Law Section 4.3.3.6.j. with consideration for the residents of 30: Haven Street, trash removal shall be limited to the hours of 9:00 AM and 4:00 PM Monday through Friday only., 6, Fire/Public Safety: Outdoor storage on patios, balconies and. common spaces shall meet the state building and fire code requirements at all times. 7, The Applicant or future owner shall ensure daily that exterior areas ' of the site remain dear of debris, trash and any equipment used in connection with any commercial activity on site. 8. Trees: The property owner, or future owner, is responsible for the survival and maintenance of the trees for one year after they have been planted. Plan Changes After Approval by Approving,Aythority: 1. Minor Plan Changes: After Plan Approval, an Applicant may apply to make minor changes in a Development Project involving minor Utility or building orientation adjustments, or minor adjustments to parking or other site details that do not affect the overall build -out or building envelope of the site, or provision of open space, number of housing units, or housing need or affordability features. Such minor changes must be submitted 'to the Approving Authority on redlined prints of the approved plan, reflecting the proposed change, and on application forms provided by the Approving Authority. The Approving Authority may authorize such changes at.- any regularly scheduled meeting, without ' the need to hold a public hearing. The Approving Authority shall set forth any" decision to approve or deny such minor change by .motion and written decision, and provide a copy to the Applicant for filing with the Town Clerk. 2. Major Plan changes: Those changes deemed by the Approving Authority to constitute a major'change in a Development Project because of the nature of the change in relation to the prior approved plan, or because such change cannot be appropriately characterized as a minor change as described above, shall be processed by the Approving Authority as a new application for Plan Approval pursuant to ti-tisPection. 4.12 of the Reading Zoning By-Laws. In accordance with Section 4.12.16 of the Reading Zoning By-Laws, this approval shall remain valid and run with the lafid indefinitely, provided that construction has commenced within two years after the decision ' is issued, which time shall be extended by the time required to adjudicate an appeal and which time shall be Page 12 of 13 16 Oalttree.Development, Site Plan Review Decision Town of Reading CPDC . 30 Haven Street extended if the project proponent is actively pursuing other required • permits or there is good cause for failure to commence. Signed as to the accuracy of the vote as reflected in the rtiinutes: Abby "gbe, Staff Planner Cc: Applicant, Town Clerk, Building Inspector, Planning Files Page 13 of 13 17 SUBSEQUENT TOWN MEETING NOVEMBER 8, 2010 TABLE OF CONTENTS Title Sponsor Pane # Article 1 Reports. Board of Selectmen 2 Instructions Board of Selectmen 3 Amend Capital Improvements Program FY 2011 - FY 2020 Board of Selectmen 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 Loan Program Board of Selectmen 8 Authorize the. Town to apply for Funds — Reading Public Library Project Board of Library Trustees 9 Amend Boundaries of Birch Meadow Parcel Ownership Board of Selectmen 10 Street Acceptance — Benjamin Lane, Causeway Road, Kiley Drive Board of Selectmen 11 Acceptance of Drainage Easements — Benjamin Lane Board of Selectmen 12 Home Rule Petition re: Additional Package Store License for Downtown Board of Selectmen 13 Bylaw Amendment re: Eliminating Precinct Chairman Term Limits Rules Committee 14 Amend Charter to Eliminate Land Bank Committee Board of Selectmen 15 Charter Amendment re: Referendum Procedures Board of Selectmen 16 Approve a Contract for Greater than Three Years RMLD Lkd I Article Title Sponsor Page 17 Zoning — Amendments to Sign Regulations — CPDC Side Yard Setbacks on Free Standing Signs in Business A Zoning District 18 Zoning - Amendments to Sign Regulations - CPDC Free Standing Signs in Business B Zoning District 19 'Zoning — Amendments to Sign Regulations — CPDC Exempt Signs in Business A and Business B Zoning Districts 20 Zoning. — Amendments to Sign Regulations — CPDC Second Sign Permitted in,Single Ten Buildings in Business A Zoning District 21 Zoning — Correction to Section 6.3 — CPDC Nonconforming APPENDIX FY 2011 -FY 2020 Capital Improvements Blue Pages Program Conduct of Town Meeting 19 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 A true copy. Attest: Laura Gemme, Town Clerk Constable L4 C,3 20 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 7J of the Reading Home Ru.1e 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. I . 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 2 21 yo4 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 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 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 1 " =40% Date: September 30, 2010, Prepared by Town of Reading Eng.ineerin'g 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, -and to take any other action related thereto. Board of Selectmen ARTICLE 10 To see if the Town will vote to accept the report of the Board of Selectmen upon the laying out as a public way the following described private ways under the provision of law authorizing the assessment of betterments, such Ways being laid out in accordance with plans duly approved by the Board of Selectmen; and to authorize the Board of Selectmen to take such ways under the provision of law authorizing the assessment of betterments, in fee or rights of easement therein by eminent domain, under the proviisions of Chapter 79 of the General Laws, as amended, or acquire said lands in fee or rights of easement therein by purchase, gift or otherwise and to assess betterments therefore, the plans and descriptions for such ways being filed in the Office of the Town Clerk in accordance with the statutory requirements; and to see what sum the Town will vote to appropriate by borrowing, or from the tax levy, or transfer from available funds, or otherwise, 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 11 ARTICLE 12 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: "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 611 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 13 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: "2.2.6 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 4 LA 23 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 14 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 15 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. Lic I W (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 questiOR 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 yin +oro 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. 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 se submitted shall appear at the top of each referendum petition and shall be presented in the following form 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 (bFief deGGFiPti9R of the substaflse (insert complete language of the vote in the same taRguage -ate 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 to take any other action with respect thereto. 25 Board of Selectmen ARTICLE 16 To see if the Town Will vote pursuant to Massachusetts General Laws Chapter 30B, Section 12 to authorize the General Manager of the Reading Municipal Light Department (RMLD) to enter into a five-year contract * including all extensions renewals and options, in order to save $12,187 as compared to signing a one-year contract, for maintenance of the Supervisory Control and Data Acquisition program for electric distribution system monitoring, upon such terms and conditions determined by the Reading Municipal Light Department General Manager, or take any other action with respect thereto by the Reading Municipal Light Board, or take any other action with respect thereto. ARTICLE 17 To see if the Town will vote to amend Section 6.2 .of the Reading Zoning By-Laws by adding an (/) 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 odd (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: 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 18 . 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: (Lanquage te be FeFneved is ShOWR With stFikethFOUgh /words in bold italics denotes new language.) 7 Li Cq 26 Max. Max. Type Permit Sign Sign Front Side Maximum Required Area Height Setback Setback Number (s q. ft) (ft.) (ft.) 11. Free - Standin 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 18 . 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: (Lanquage te be FeFneved is ShOWR With stFikethFOUgh /words in bold italics denotes new language.) 7 Li Cq 26 In Table 6.2.3 Signs Permitted According to Zoning District Buslness�13 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: 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.Z9.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 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. I 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, 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: 27 Max. Permit Sign Max. Front Side Maximum Type Required. Area Sign Setback Setback Number (sq. ft.) Height 14. Free- Y 35 50(D) 20-14 0 20 1/lot Standing (Service Stations only) 17. Free- SPP (j) 35 10.5 0 20 1 /lot Standing I I I 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.Z9.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 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. I 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, 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: 27 Section 6.2.9.a. The CPUC 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. by-law, 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 19 To see if the Town will vote to amend the Town of Reading Zoning By-Laws Section 6.2.4.o. "Exempt Signs" and Section 6.2.6.3 "Signs in Business-A Zoning Districts" and Section 6.2.6.4. "Signs in Business-B Zoning Districts" as follows: (La9guage te be Femoved is ShGWR with strikethfGugh/words in bold italics denotes new language.) Add the following language to Section 6.2.4.o. "Exempt Signs":- 0. Any establishment located in a Business of 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 address Rurnbei: of the ty,shall be PFOMiR�Rtly displayed OR SUGh SigR, and the si9R shall in all resperAs GORfGFM to the abe q#s_. Delete Section 6.2.6.3.d d. Either the allowed free-standing sigR OF, if RG free StandiRg sigR is used, theR at least one wall ar projeGtiRg SigR, Shall PMMiReRtly display the street ad4Fess Rumber of the pFopeFty. Delete the second paragraph of Section 6.2.6.4. "Signs in Business-B Zoning Districts:" W q & I I 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 6.2.6.3 "Signs in Business-A Zoning Districts" as follows: (Language to be FeFFIeved is ShGWR With stFikethi;6uo/words in bold italics denotes new language.) To remove the second bullet under Prohibited Signs in Se* ction 6.2.6.3. so that it reads: Prohibited Signs: Banners as permanent signs A. free sta.m.ding and a wall sign fai: buildings that are RE)t multi tenaRt 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-stan'dind sign, or one wall sign or one projecting sign a*. 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 21 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 doe's 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 10 29 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 jo 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. f Given under our hands this 21st day of September, 2010. , Constable 30 James E. Bonazoli, Chairman Camille W. Anthony, Vice Chairman Richard W. Schubert, Secretary Stephen A. Goldy Ben Tafoya SELECTMEN OF READING LEGAL NOTICE OFRF9o'd 639P1NCOR4��P • TOWN OF READING To the Inhabitants of the Town of Reading: Please take notice-that the Board of Selectmen of the Town o f 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 , 31 � O, ,Z•, � Z '� ', ,iti .DUDLE`F ST { v Z m. MT VER -ST y '. O � I i : o o y Q,��$..:. WPSHINGTO it ,' � ' CRoSerRo J �G �P ` �� 32 co ��v��- I IC) To Whom it may concem. SammyJo's Bakery on 2 Haven st. Reading Ma. Would like to request an opening of 5:oo am Monday thru Saturday.'and Sunday would be 6:00 am.. Seeing we are new to the town and located at the train Id like to be available to the early, .morning commuters. I believe this could really be beneficial to myself as well as the commuters. Thank You Ms.Melinda Nimblett Any questions or concern Please call me.. 339-222-6350 0 33 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'grarited 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 carts 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- ffim's, and/or restrict parking in certain areas in order to limit the impact of the waiver on neighboring properties. In order to address these issues, the Board may require a site plan from applicants, drawn to scale, and showing locations of these features and their relation to abutting. residential buildings. 9. Prior to the issuance of a waiver on the hours of retail sales, the Board may request a review by the Health Division, Police Department, and the Building/Zoning Inspection Division and proof that all necessary -approvals,. permits, and other licenses needed to operate have been issued. 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 6126107 34 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- 5-ok 6-yes serve safe certifi,cate, 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 9.00pin 35 AT THE DEPOT REALTY TRUST .286 PARK STREET NORTH READING, MA 01864 978­664-1656 FAX 978-664-2363 mgballcontractors@verizon.net September 13, 2010 Board of Selectmen Town of Reading 16 Lowell Street Reading, MA 01867 RE: Request for Waiver of Opening Hours Dear Board: On behalf of our tenant, Melinda Nimblett, of SammyJo's, 2 Haven Street, Unit 102, 1 would like to request a waiver of the Town of Reading's by-law relative to opening time for businesses. This bakery/coffee shop/deli would like to open between 5 and 5:30 am weekdays in order to accommodate early morning customers. We believe the early opening Will have no adverse impact on the Haven Street/downtown area. Thank you for your consideration of this request. Sincerely, N-D Mark G. Hall Trustee 36 OFR��ry Town of Reading G y 16 Lowell Street �MA 01867 -2685 Reading, s'79r7NCORQO�P FAX: (781) 942 -9071 Email: townmanager @ci.reading.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942 -9043 171 OUR E TO: Jean Delios, Community Services Director Jim Cormier, Police Chief Larry Ramdin, Health Administrator Glen Redmond, Building I e x FROM: Peter I. Hechenbleikner DATE: September 1, 2010 RE: SammyJo's Bakery Please see the attached request from SammyJo's Bakery at 2 Haven Street to open beginning at 5:00 a.m., Monday through Saturday and 6:00 a.m. on Sunday. Please note that the rules and regulations do not allow the early opening on Saturdays. Please provide your comments with regard to this proposal to this office by 9:00 a.m. on Thursday, September 16. PIH/ps 37 OF I? Reading Police Department James Cormier, Chief of.Police mod. a INCO Peter, 1, have reviewed the request from SammyJo's Bakery to open at 5:00 a.m. Monday through Saturday and 6:90 a.m. on Sunday, and have no opposition to the opening. 0] O MEMORANDUM Date: September 9, 2010 To: Peter Hechenblelkner Cc: From: Chief James W. Cormier RE: SammyJols Bakery Approved By: Approval Initial Peter, 1, have reviewed the request from SammyJo's Bakery to open at 5:00 a.m. Monday through Saturday and 6:90 a.m. on Sunday, and have no opposition to the opening. 0] Page I of 2 Schena, Paula From: Hechenbleikner, Peter Sent: Wednesday, September 08, 2010 9:19 AM To: Schena, Paula Su.bject:.FW: Comments- Sammy Jo's Bakery 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 townmanaaer @ci.reading.ma.us �ger(fti.readjnq.ma.us Please let us know how we are doing - fill out our brief customer service survey at Littp-L 4peadin �ma- survey.virtualtovmhall.net/surv&y/sid/9lb54a9276d6l2c7/ From: Delios, Jean Sent: Wednesday, September 08, 2010 8:56 AM To: Hechenbleikner, Peter Subject: Comments - Sammy Jo's Bakery I have reviewed the request for early opening at Sammy Jo's Bakery and offer my support of their application. As the applicant indicates, CP DC reviewed plans for the interior renovation of the space and granted a Site Plan Review Waiver on August 9, 2010. As a condition of the waiver, CPDC required deliveries to be from a parking space so that there is no impact on traffic as a result of large delivery trucks. Clearly, granting permission for early opening will boost her business during the busy early morning commuter hours. The proximity to the commuter rail station makes opening early crucial to attracting customers. Jean J. Dehos Community Services Director/Town Planner Town of Reading 16 Lowell Street Reading, MA 01867-2685 (P) 781-942-6612 (F) 781-942-9071 Town Hall Hours as of June 7, 2010 M, W, Th: 7:30 a.m. S:30 p.m. Tuesday: 7:30 a.m. - 7,00 p.m. FRIDAY: CLOSED 39 9/8/2010 AFA,oy� Town of Reading e 16 Lowell Street OsJ9D7NCORPp4P Reading, MA 01867 -2685 FAX: (781) 942 -9071 Email: townmanager@ci.reading.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942 -9043 MEMORANDUM TO: Jean Delios, Community Services Director Jim Cormier, Police Chief. Larry Ramdin, Health Administrator en Re Mond; Building I e r FROM: Peter I. Hechenbleikner DATE: September 1, 2010 RE: SammyJo's Bakery Please see the attached request from SammyJo's Bakery at 2 Haven Street to open beginning at 5:00 a.m., Monday through Saturday and 6:00 a.m. on Sunday. Please note that the rules and regulations do not allow the early opening on Saturdays. Please provide your comments with regard to this proposal to this office by 9:00 a.m. on Thursday, September 16. PIH/ps M �i Easy Peel(D Labels Use , Avery@ Template 51600 2-12 PRESCOTT ST LLC 5 6 RED GATE IN READING, MA 01867 HAVEN ATLANTIC LLC 30 HAVEN ST ' READING, MA 01867 DOUCETTE EDWARD J KATHERINE A DOUCETTE PO BOX 273 NOREADING, MA 01864 CARLSON RICHARD W TR 55 HAVEN ST REALTY TRUST 60 HARBOR AVE MARBLEHEAD, MA 01945 GRAHAM FRANCIS E GALE S GRAHAM 14 GREEN ST READING, MA 01867 BROWN KEVIN M 35 LINCOLN ST READING, MA 01867 KELLEY TIMOTHY J CHRISTINE M KELLEY 84WOBURN STREET READING, MA 01867 A Bend along line to AVERY@ smom 1, Feed Paper expose Pop-Up Edge*lm 39-41 LINCOLN ST LLC 56 RED GATE LN - READING, MA 01867 Iloi1 o,_111011111 • LE M"- I m IRA kVA AV ya WR 1_0 72 WOBURN ST READING, MA 0 1867 KILEY ROBERT J TR 34 GOULD ST REALTY TRUST 34 GOULD ST READING, MA 01867 LATINA MARK A TRSTEE HAVEN JUNC. RLTY TR 20 POND MEADOW DR STE 204 READING, MA 01867 GREGORIO PHILIP J 57 RUSTIC LANE READING, MA 01867 COLOMBO ROBERT COLOMBO PJC REALTY MA, INC. OILEARY & COLOMBO R T C/O RITE AID 70 HAVEN ST P 0 BOX 3165 READING, MA 01867 HARRISBURG, PA 17105 LEHR EVELYN J TRUSTEE THE LEHR FAMILY TRUST 16. GREEN ST READING, MA 01867 ARENA STEPHEN J DEBORAH A ARENA 134 CANDLEWOOD DR WALTHAM, MA 02154 HARRIS W RUSSELL ETAL HARRIS REALTY TRUST go WOBURN ST READING, MA 01867 MOLETTIERI GINO P ETAL TRS T.B. DONOVAN LLC LUMA REALTY TRUST .42 BOSTON ROCK RD 47 HIGH ST MELROSE, MA 02176 READING, MA 01867 FOUR LEAF CLOVER PROPERTIES LL 900 SUMMER ST LYNNFIELD, MA, 01940 CINCOTTA MARILYN I 97 ELM ST STONEHAM, MA. 02180 ktiquettes fadles b peter UtIllsez le qabarit AVERYO 51600 COPPOLA SUSAN E 100 WOBURN ST - READING, MA 01867 YOUSHENG MA HUMIN P WANG 2 HAVEN STREET READING, MA 01867 TASKER SUSAN E TRUSTEE HAVEN STREET TRUST 1 HAVEN ST READING, MA 01867 LJH BRANDE COURT LLC 21 ANGLEWOOD IN NORTH READING, MA 01864 TRS STEPHEN VIEGAS SUSAN'C VIEGZAQ 2 HAVEN ST #306 READING, MA 01867 I A Sens de Adliez 4 [a hachure afin de charcement rMlir le rebord Pop-Up- NORTHRUP RICHARD D 57-59 HIGH ST READING, MA 01867 CONTE OSCAR VALERIE CONTE 98 WOBURN ST READING, MA 01867 CROWLEY KEVIN. J CROWLEY CATHERINE M 3 KEENEST STONEHAM, MA 02180 Www.avery.conh 1-800-.GO-AVERY Easy Pe*10 Labels Use Avery@ Template 51600 HALL MARK Gr TRUSTEE C/O GWT HAVEN REALTY LLC 2 HAVEN ST U301 READING, MA 01867 k NOW Bend along line to Feed Paper expose Pop-Up Edge71A HALL MARK G TRUSTEE C/o YOUSHENG MA 2 HAVEN ST U303 READING, MA 01867 D'AMICO JAMES V JR TRUSTEE PERERA RAVINDRA RAILROAD REALTY TRUST C/O MRTH TRAM 473 BROADWAY 78 WOBURN ST CIHELSA, MA 02150 READING, MA 01867 • Rf QL&II, is ]ILN kVj FAVI PELLET AND MRVIE LLC 2 HAVEN ST UNIT 206 READING, MA 01867 me IN 6119100101191"WA5 , 1 9 Im COLOM13A GIUSEPPE ROSARIA COLOMBA 30 FRANKLIN ST READING, MA 01867 HALL MARK G TRUSTEE DEPOTREALTY TRUST 286 PARK ST NORTH READING, MA 01864 ZZW REALTY LLC 19 MALL ST #2 SALEM, MA 01970 DARDENO PHILIP PRD REALTY TRUST. SWISS BAKERS 16 RIDGEWAY RD -P.O. BOX 55 NORTH READING, MA 01864 READING, MA 01867 AVER Y@ 51600 1 1k NORET CHARLES R CINDY W NORET 15 CHUTE ST READING, MA 01867 MURPHY SEAN P 14 INTERVALS TERR READING, MA 01867 SAMPSON STEPHEN J 2 HAVEN ST STE 208 READING, MA 01867 ANASTOS, LLC 2 HAVEN STREET READING,.MA 01867 READING EXECUTIVE PLACE, LLC 2 HAVEN STREET READING, MA 01867 ttlqueUes faciles, a peler qq la hachure afin de www.avefycom yens me Utillsez le gabailit AVERYO 51600 charqemerit r6v6ler le rebord Pop-up— 1-800-GO-AVERY TO: Board of Selectmen From: Peter I. Hechenbleikner, Town Manager Date: 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 9th, 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. I 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, an . d have discussions with each of them about getting the agreement signed by the end of October. 43 0 Page 1 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 FY10. We estimate that time, equipment and material would be $20 per event. This. would average to $340 per church in FY10. J4 Summary of 2009/2010 cost of plowing Church lots Church FYI 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 FY10. We estimate that time, equipment and material would be $20 per event. This. would average to $340 per church in FY10. J4 ARTICLE 3 - On motion by Tony Rickley of Precinct 2 to bring Article.3 back to the table for an instructional motions. Instructional Motion as follows: Move that the Board of Selectmen be instructed to meet with Church leaders of the town who may be interested in pursuing the possibility of a program for plowing and / or removal of snow from- church parking lots and driveways by the town at some mutually agreed ,to terms and conditions, and costs payable to the town for such services. A report on progress, and hopefully conclusions on such negotiations shall be made at the 2010 Subsequent Town Meeting desirable. Motion Carried Annual. Town Meeting April 29, 2010 45 � �3 Town of Reading CONSERVATION COMMISSION t y� Phone (781) 942 -6616 16 Lowell Street Fax (781) 942 -9071 r = ffink @ci.reading.ma.us w Reading, MA 01867 -2683 �o 0 `I.9cINCORYp4 To: Board of Selectmen From`. Conservation Commission Date: September 13, 2010 Re: Land transfer, Kylie Drive`Subdivision 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. About 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 Balser 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.. 46 Suggested Motion — I move that, pursuant to the provisions of Section 8C of Chapter 40 of the Massachusetts General Laws, the Board of Selectmen approve 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. ��v i i• �� 11 { � r ?� L J�' i r a i� � - ""�04���t -' �� Yi�.,i � I AL Lk i i r, a +i'' I C Y \ '�' . �\ \ •''+r r "'' 7 � +•ti r � " ` �J t it ',� ... / ,, rt � i t .1 '}'Z� �;/.4 :_ �.• � � 1 �.tsz_. -(+-i_ �_ �! � � t,�4 ` . •_ 1 j I i 1--- ..�, -•r" —y '�31>�;�, -��: `'..,Y � `� t .. r' a ?a� 1120 17 ,_L._ f _j-, a .tom --'._ -•� t 1� + i `�.� ,� --._ %..� . 'r t D'."�55 jrF Bf� � �'17� � �K t i l' i�+O i�. •1� v "��,� � �r F `�`- ..."•� r"^ }'`�d ' f �.. 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SQ f -'.,'. \ .:% \i. ,r �.U'`,v��'j a.� S'S)tY ...I ,_- ).,T, • tll_ -'te, tr•�.....!�_: '`'\flip: _ Iu_- q� 48 J QUITCLAIM DEED DEER RUN DEVELOPERS, INC, a Massachusetts Corporation with a usual place of business of 189 Main Street, North Reading, MA FOR CONSIDERATION PAID AND IN FULL CONSIDERATION OF ONE ($1.00) DOLLAR GRANT TO THE TOWN OF READING, a municipal corporation having an address of 16 Lowell Street, Reading, MA, 01867, under the care, custody, management and control of the Conservation Commission of the Town of Reading, for conservation purposes, for passive recreation uses, for the promotion and development of natural resources, and for the protection of the watershed resources of said Town of Reading, in perpetuity, under the provisions of Mass. Gen. Laws, c. 40, §8C, as it may hereafter be amended, and of Amended Article 49 of the Massachusetts Constitution With Quitclaim Covenants A certain parcel of land in Reading, Middlesex County, Massachusetts, being more particularly. described as Lot A on "Definitive Plan Kylie Drive Reading, Mass." Hayes Engineering, Inc., Thomas F. Winslow, P.L.S., 603 Salem Street, Wakefield, Mass 01880 drawn for Deer Run Developers Inc., dated March 4, 2005 and revised through February 14, 2006 recorded on October 17, 2006 with the Middlesex South Registry of Deeds as Plan No. 1286 of 2006. Containing approximately 4.29 acres more or less according to said Plan. Being a portion of the premises conveyed to the Grantor by deeds recorded with the Middlesex South Registry of Deeds in Book 42106, Page 54; Book 42106, Page .61, and Book 46832, Page 241. SIGNATURE PAGE TO FOLLOW �Y9w. .,.. Executed as a sealed instrument this v day of 2010 g ae:er Ruen =evelope By: Franklin S. Davis Its President and Treasurer COMMONWEALTH OF MASSACHUSETTS ss. On this d 2010, before me, the undersigned Notary a ay of Public, personally appeared FRA S. DAVIS proved to me through satisfactory �RIJN evidence of identification which was - A aa"'"� ni-41- to be the person whose name is signed on the preceding or attached document, and acknowledged ' to me that he signed it voluntarily for its stated purposes on behalf of Deer Run Developers, Inc. A Notary Public. .AWETTE M. CHAKUR r My Commiss on Fhpir Is Nay bl Pul-- Notary Name my commiWoon E)q*" A021,20ii � y� 50 AC I CEPTANCE, BY THE READING CONSERVATION COMMSSION We, the undersigned, being the Conservation Commission -of the Town of Reading, Massachusetts, . s, pursuant to the provisions of Section 8C of Chapter 40 of the Massachusetts General Laws, do hereby accept the within 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 Conservation Commission. TOWN OF READING . CONSERVATION COMMISSION William J. Hecht, Sr., Chair T 4 ivi ban, ice C it es v aug If Brian J. Tucker Tina Oh so . OX4�� - Annika Scanlon Barbara Stewart COMMONWEALTH OF MASSACHUSETTS - (I 111HYI&K. Ltx'" ss. ?4� On this q7 Zay of 2010, before me, the undersigned Notary Public, personally appeared _1 n U A n 11-114 <_1 /wt, . a" "67dlv't'�Z4r _�YL-&Jail-, proved to me through satisfactory evidence of identification which was 65'9 o�� be the person whose name is signed on the preceding or attached document, dlid acknowledged to me that he signed it voluntarily for its, stated purposes on behalf of the Town of Reading Conservation Commission Notary Public: My Commission Expires: Notary Name 51 APPROVAL BY THE BOARD OF SELECTMEN We, the undersigned, being the Board of Selectmen of the Town of Reading, Massachusetts, pursuant to the provisions of Section 8C of Chapter 40 of the Massachusetts General Laws, do hereby approve the within 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 Conservation Commission. TOWN OF READING BOARD OF SELECTMEN James E. Bonazoli, Chair Camille W. Anthony, Vice Chair Richard W. Schubert, Secretary Stephen Goldy Ben Tafoya COMMONWEALTH OF MASSACHUSETTS ss. On this day of 2010, before me, the undersigned Notary Public, personally appeared proved to me through satisfactory evidence of identification which was , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purposes on behalf of the Town of Reading Board of Selectman. Notary Public: My Commission Expires: Notary Name: 52 . 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 0 18 67, 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 R1H, 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 W] q IV � r� 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 oe 12962162.3 AV 54 WITNESS the execution hereof, under seal, as of the date and year first above written. 12962162.3 PRI CEDAR GLEN, LLC, a Massachusetts limited liability company By: PRI Cedar Glen Manager, LLC, a Massachusetts limited liability company, its manager Name: Title: Member [Signatures Continue on Next Page] N 55 3' WITNESS the execution hereof, under seal, as of the date and year first above written. Approved as to form: By: Town Counsel 12962162.3 TOWN OF READING By: Board of Selectmen James Bonazoli, Chairman 21 M 1 *14 141 11 LIMITED WAIVER OF RIGHT OF FIRST REFUSAL Pursuant to that certain comprehensive permit granted. to Cedar Glen Associates by the Town of Reading Zoning Board of Appeals on June 9, 1977, which was received by the Reading Town Clerk on June 9, 1977 (the "Comprehensive Permit "), each of the undersigned has a right of first refusal ( "Right of First Refusal ") with respect to the potential sale of a multi - family residential community known as Cedar Glen, located at 2 Elderberry Lane, Reading, Massachusetts ( "Cedar Glen "). Each of the undersigned hereby waives its Right of First Refusal with respect to the following transaction: Sale of Cedar Glen to PRI Cedar Glen, LLC, a Massachusetts limited liability company ( "PRI Cedar ") or to a legal entity controlled by PRI Cedar or its principals, Raymond Uritescu and Michael Hennessey, or to any permitted assignee of the foregoing, pursuant to the terms of that certain Amended and Restated Real Estate Sale Agreement by and among GR -Cedar Glen Limited Partnership and other entities owned and controlled by Equity Residential, as sellers, and Rhode Island Homes, LLC, as purchaser, dated as of September 23, 2009, as the same may be amended, amended and restated, supplemented or otherwise modified from time to time. The waiver by each of the undersigned of it Right of First Refusal herein shall not affect each of the undersigned's Right of First Refusal to purchase Cedar Glen pursuant to the terms of the Comprehensive Permit if the above - described transaction is not consummated, or if Cedar Glen is offered for sale on any subsequent occasion, subject to the provisions of applicable law. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK; SIGNATURES APPEAR ON FOLLOWING PAGES] Exhibit A - 1 57 q_45� EXECUTED as an instrument under seal this day of 52010. TOWN OF READING By: Board of Selectmen James Bonazoli, Chairman COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. On this day of , 2010, before me, the undersigned notary public, personally appeared as Chairman of the Board of Selectmen of the Town of Reading aforesaid, proved to me through satisfactory evidence of identification, being (check whichever applies): ( ) driver's license or ( ) other state or federal governmental document bearing a photographic image, ( ) oath or affirmation of credible witness known to me who knows the above signatory, or (. ) my own personal knowledge of the identity of the signatory, to be the person whose name is signed above, and acknowledged the foregoing to be signed by her voluntarily for its stated purpose. , Notary Public My Commission Expires: Exhibit A - 2 41-6-11 L , EXECUTED as an instrument under seal this 1 day of ; 2010. READING HOUSING AUTHORITY �(7 Name: / �VlXC Title: )/Z COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. On this day of ; kp—, e, ri 6e4 , 2010, before me, the undersigned notary public, personally appeared L;;,✓�, y-hc as �X��v r, �: Q pc srv�of the Reading Housing Authority aforesaid, proved to me through satisfactory evidence of identification, being (check whichever applies): ,( ) driver's license or ( ) other state or federal governmental document bearing a photographic image, ( ) oath or affirmation of credible witness known to me who knows the above signatory, or ( my own personal knowledge of the identity of the signatory, to be the person whose name is signed above, and acknowledged the foregoing to be signed by her voluntarily for its stated purpose. P�i � 50Ae, -4 ,Notary Public My Commission Expires: Nz vew,1.z4 l: 2,4 r Exhibit A - 3 W THE COMMONWEALTH OF MASSACHUSETTS Number: 2010 -6 TOWN OF READING This is to certify that ANTHONY VINCENT CAVALLO, 680 MAIN STREET, READING, MASS. IS HEREBY GRANTED A SPECIAL ONE -DAY LICENSE TO SELL BEER AND WINE AT FALL STREET FAIRE WITH DINING TENT TO BE PLACED IN PARKING LOT IN FRONT OF 680 MAIN STREET ON SUNDAY, SEPTEMBER 12, 2010 BETWEEN THE HOURS OF 12:00 P.M. TO 5:00 P.M. Under Chapter 138, Section 14, of the Liquor Control Act. and subject to the following conditions: • Beer. and wine will only be served. • All product will be stored under the designated tent area and will not be stored on-the Venetian Moon premises. • Patrons will not be allowed to order beer and/or wine at the service bar area. All service to patrons will be to patrons seated at a table. • All beverages will be contained to the tent area. • Barriers surrounding the entire perimeter of the tented event space — approved by the Chief of Police. • Only one entrance /exit for patrons, this entrance /exit point will be staffed by a host and manager at all times. • Police detail starting % hour prior to opening and remaining at least 1/7, hour after closing or until area is safely closed. • Anyone serving alcohol will be Tips, Barcode or SafeServe certified. - Holders of one day licenses shall provide a bartender and/or servers who are trained and authorized to make decisions regarding continued service of alcoholic beverages to attendees. There shall be no self service of any alcoholic beverage at any event approved as a one day license. This permission is granted in conformity with the Statutes and Ordinances relating thernd exnire0at &-00 p.m., September 12, 2010, unless suspended or reiokgd. 6&1 THE COMMONWEALTH OF MASSACHUSETTS Number: 2010 -7 This is to certify that SHEILA CLAKE, 536 _HAVERHILL STREET, READING, MASS. IS HEREBY GRANTED A SPECIAL. ONE -DAY LICENSE TO SELL BEER FOR PATRIOT'S TAILGATE AT FALL STREET FAIRE IN UPPER PARKING LOT IN TOWN MUNICIPAL LOT LOCATED BEHIND CVS ON SUNDAY, SEPTEMBER 12, 2010 BETWEEN THE HOURS OF 12:00 P.M. TO 5:00 P.M. Under Chapter 138, Section 14, of the Liquor Control Act. and subject to the following conditions: • Beer only. • Barriers surrounding. the entire perimeter of the tailgate event space — approved by the Police Chief. • Only one entrance /exit for patrons. • Police detail starting % hour prior to opening and remaining at least % hour after closing or until area is safely closed. • Patrons will be required to present a valid ID at the entrance. • Patrons will receive a bracelet with three tickets attached. Bracelet will be placed on their wrist and children will be stamped. Patrons will be able to leave and re -enter but will only be able to purchase a total of three tickets. • Anyone serving alcohol will be Tips, Barcode or SafeServe certified. • Patrons will be entitled to three (8) oz. servings (equivalent to two beers). • Tips certified staff will remove a ticket from the bracelet with each sample disbursed. • No minors allowed in the service area between the ages of 12 and 20 years old. (11 and under are permissible.) Holders of one day licenses shall provide a bartender and/or servers who are trained and authorized to make decisions regarding continued service of alcoholic beverages to attendees. There shall be no self service of any alcoholic beverage at any event approved as a one day license. This permission is granted in conformity with the Statutes and Ordinances relating therand expiT,►at 5 00 p.m., §eptember 12, 2010, unless suspended or revoked. in Kathleen A. McNamara Legal Assistant Ms. Jean Delios Town Planner Town of Reading Town Hall 16 Lowell Street Reading, MA 01867 ROBERT G. PETERSON Attorney at Law 314 Main Street Wilmington, MA 01 887 Telephone: 978 - 658 -6886 Facsimile: 978-658-4820 September 2, 2010 Re: The Salon on Haven, Inc. Property Address: 55 Haven Street, Reading, MA 01867 Assessor's Map 16, Parcel 307 Dear Ms. Delios: I am writing to express my personal thanks for your assistance in guiding my client, Jacqueline A. Bento, through the site plan review process relative to the re- location of her hair salon to 55 Haven Street, Reading, MA. I am very much aware that this site plan needed to be processed and approved in a very short timeframe in order for Ms. Bento to re- locate her hair salon in a timely fashion. This would not have been possible without the cooperation and assistance of you and other members of your Planning staff. Both my client and I truly appreciate the efforts that you put into this matter on her behalf. I am very familiar with this type of work, and my usual lament from my clients is that this process is long, lengthy and unwarranted. In this case, just the opposite occurred, and I thought you might like to know that your professionalism concerning this matter was most truly appreciated. RGP/kmc/File 12190 cc: Ms. Jacqueline Bento gas fc 62 OFRfyoyc Town of Reading w 16 Lowell Street'�-' b ° Reading, 'MA 01867 -2685 P� Js't9r 1N ORp� FAX: (781) 942 -9071 TOWN MANAGER Email: townmanager@ci.reading.ma.us Website: www. readingma.gov (781) 942 -9043 September 9, 2010 Dear Liquor Licensee: On May 28, 2010, the Massachusetts Legislature amended c. 138, s. 12 by requiring all existin alcohol license holders and all new applicants for. an "on- premises" alcohol license to carry a mandatory amount *of liquor liability insurance. The provisions became effective on August 26, 2010 and, therefore, must be applied to all on- premises license holders such as restaurants, taverns and private clubs seeking renewal of an existing license scheduled for end of the calendar year as well as to applicants for a new license to serve alcohol under Section' 12. As part of the renewal process next month, the Town will require a Certificate of Insurance showing a minimum policy limit of $250,000 per person and $500,000 per accident for personal injury or death caused by the negligence of the license holder. We will be sending out the liquor license renewals in October and we are sending you this information now to give you enough time to obtain the necessary Certificate of Insurance for your renewal. Sin rel ti Peter I. Town Manager PIH:lm W r� 8c,5 Town of Reading Public Works Department 16 Lowell Street �. Reading, MA 01867 -2683 Fag: (781) 942 -5441 ENGINEERING DIVISION Website: www.ci.reading.ma.us ww.ci.reading.ma.us (781) 942 -9082 .September 9; 2010 Re: Causeway Road Betterments\Layout Dear Resident, Enclosed please find the notice Selectman's Public Hearing for Causeway Road Betterments and Layout. We expect to have to estimated cost of the betterments completed next week and will mail them out as soon as completed. We will schedule a neighborhood meeting the week prior to the hearing to discuss and hopefully resolve any concerns you may have regarding the betterments. . If you have any questions please call or email me at gzambouras @ci.reading.ma.us: George J. Zambouras, P.E. Town Engineer . 1 C \Documents and Settings \gzambouras \My Documents \Legal Documents \causeway memo 090%0.doc 64 Page 1 of 1 4c, Qa5 Schena, Paula From: Hechenbleikner, Peter Sent: Thursday, September 09, 2010 1:50 PM To: Schena, Paula Subject: FW: Peter Sanborn Place (PSP) I/c Board of Selectmen 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 townmanageraci. reading. ma. us Please let us know how we are doing - fill out our brief customer service survey at http: / /readingma= survev virtualtownhall net /survey /sid/91b54a9276d6l2c7,/ From: Hechenbleikner, Peter Sent: Thursday, September 09, 2010 1:50 PM To: 'jmccormack @masshousing.com' Cc: Delios, Jean; 'm.jacobs @mhjassociates.com'; 'Jcarsonuchpsp' Subject: Peter Sanborn Place (PSP) John. 1 apologize for the delay in submitting this follow -up to your site visit. I enjoyed meeting with you and touring the proposed expansion of the .Peter Sanborn Place expansion. . The letter previously submitted by the Town can stand as our formal comment letter. We are and remain excited to advocate for the expansion of this site in Reading. PSP provides a valuable part of the Town's inventory of affordable housing, and is a well run and valued part of the Reading Community. We stand ready to work with PSP and their team to bring this project to a successful completion. Peter I. Hechenbleikner Town ManagerJohn . 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 town manager a ci.readinc .ma.us Please let us know how we are doing - fill out our brief customer service survey at i. //readinma= survey.virtualtownhall.net/survey/sid/9lb54a9276d6l2c7/ %7 9/9/2010 65 Page I of 2 Schena, Paula From: Hechenbleikner, Peter Sent: Thursday, September 09, 2010 7:41 AM' To: Gernme, Laura Cc: Schena, Paula, Subject: FW: RMLD CAB disclosure of potential conflict of.interest Attachments: SCAN0171.JPG I/c Board of Selectmen 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. read i ng ima.-g—ov email Lownmanager(a)ci. reading. ma. us lift //rg Please let us know how we are doing - fill out our brief customer service survey at __p ad ngnia- 612c7/ From: quincyvale@gmaii.com [mailto:quincyvale@gmail.com] On Behalf Of Quincy Vale Sent: Wednesday, September 08, 2010 11:20 PM To: Mary Ellen O'Neill Cc: Arthur Carakatsane; Atty. Arthur 1. Carakatsane; Cameron, Vinnie; Michael A. Caira; Hechenbleikner, Peter Subject: RMLD CAB disclosure of potential conflict of interest Dear Ms. O'Neill, According to the Massachusetts General Laws, Chapter 164, Section 56A, and Chapter 268A, Section 19, 1 want to officially disclose to the Reading Municipal Light Department (RMLD) Board of Commissioners,, the Town of Reading, the Town of Wilmington and the Citizens' Advisory Board that I work as a legal practitioner and consultant specializing in the areas of energy, energy efficiency and green building. As an owner of my legal practice and consulting firm, I represent the Swift River Company, who is an owner-operator of various hydroelectric facilities doinR business in the New England energy market; the same market the RMLD acquires its power supply. Due to the nature of my occupation, I will recuse myself from discussions and votes on power ---Supply matters or _any other matters that may come before me as a Citizens' Advisory Board 9/9/2010 66 Ir6w Page 2 of 2 member that may result in me or my company obtaining unwarranted financial privileges or gaining special treatment. A copy of this letter is being provided to the Town Manager of Reading, Town Manger of Wilmington, other Light Board Commissioners, the General Manager of RMLD, and the Citizens Advisory Board. If you have any questions, please contact me at (617) 694 -5181. Sincerely, /s/ A. Quincy Vale, Esq. Citizens' Advisory Board Signed letter attached to this email. 'Hard copy with original signature to be hand delivered. CONFIDENTIALITY NOTICE This e -mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e -mail and destroy all copies of the original message. J tJ ' 6 9/9/2010 Page 1 of I L-1 C, do S Schena, Paula From: Hechenbleikner, Peter Sent: Thursday, September 16, 2010 8:15 AM To: Reading - Selectmen Cc: Zager, Jeff; Schena, Paula Subject: FW: Trash Contract- I/c Board of Selectmen 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.readinama.aov email town ma naq'e Ib-ci. read i nq. ma, us Please let us know how we are doing - fill out our brief customer service survey at http://reddingma- surva.virtualtownhall.net/sin-vey/sid/9 I b54a9276d612c7/ From: MaryEllen O'Neill [malito:maryellenoneill@hotmail.com] Sent: Thursday, September 16, 2010 8:06 AM To: Hechenbleikner, Peter Subject: Trash Contract Hi Peter, We picked up the information on the new trash contract at JRM's booth at the street fair last Sunday. It looks great! And if it's okay to talk about trash as being exciting, it is! Congratulations to you and your team on developing an excellent program! Mary Ellen 9/16/2010 . 68 20's L 1^p Town of Reading, HEALTH 16 Lowell Street Phone: (?01)94%'9061 Fax: (781) Reading, ��������_���� MA 01867-2683 ' :' 'meadinu.rn"vS �Q1���`��ln� ="�"��~^~���~~r---- Flu season is here and the Reading Health Division '' ishm the process of planning our annual vaccination clinics. VVo are urging that every resident get a flu shot. The vaccine im recommended for everyone / r8montheofoge.VVap|ononvemcinoUnQmoid'nto over 9 years,of age. Flu Vaccines will be offered at no cost to Medicare recipients, all you have to do is id d provide your insurance informnotion.There yviUbeo$1O.00adnnln|etrmtm for rnae residents under O5 years ofage. . If you would like to be vaccinated and are unable . to leave your home due to illness or injury, please call 781-942-6656. The Health Division'is given an allotment of flu vaccine from the Massachusetts Department of Public Health aa soon oevvo receive enough vaccine to host our clinics so, vve will advarUma ,the dates. Clinics will be advertised on the Town of Reading website (on the home page), in both the Chronicle and Advocate newspapers, and onRCT\/ Ne are aware that retail pharmacies are currently offering g O vaccinations. Their vuu�/, ia obtained directly from the vaccine manufacturer, through a different supply means The Reading Health Division would like to remind residents to take the following additional steps to protect themselves from seasonal influenza: ' ' hands them, them. To get ��aa��o���m��w�Juetnnamgyour vvaenmg .uu��m/�v . ~ clean you need to use soap. A quick rub, even with soap, won't get your hands clean, and the few seconds you save could cost you days if you get sick later. To make sure your hands are really clean, scrub your palm o. between your fingers, the backs of your hands and under your fingernails for st least 2Ooeoondo. Use regular soap. Antibacterial soap isn't necessary. These soaps do kill bacteria, but antibacterial soaps may contribute to the growing problem -of antibiotic resistance. After rinsing, dry your hands with a paper towel. Use the same paper towel to turn off the water and open the neotnoonndoor. To help stop the spread of germs, cover your mouth and nose with atissue when you ooughmromaeze- Putyouruoedtisoue the basket If you don't h o tissue, cough ov sneeze into your upper sleeve, not your hands. Clean your hands after coughing or sneez ing by wash with soap and water with alcohol-based hand cleaner. � Please stay home from work if you are sick, and keep sick children home from school. Stay at home until you/your child have been free from fever for at least 24 hours after the last dose of fever-reducing medication (like Tylenol, Advil or Motrin). -Illy all ia 71 L`L (a S �. oWWWWW WWW00.o0W CC to o o o o 000000 G> .4NNNNN NNNNNN. I .e tQ �- tD CU tU co CU (D CO CU tip Cif 0 0 a.• � � � ff3- 69-.60- Efl EH 601 60- Q O O ._ M O 't C w- N to M W- O = '� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 v psi U'i LO LO LO Uti LO U'i Uri Uri Vi Sri 0 O 0 t��69-cfl -cam 61-160-61:)-60- 60- 60- N N N N N N M o0 o6 o6 00 00 00 00 c6 o6 co* 00 t!1 N N C o N _ LO T LO N _ .a Q1 M M M O O O O O m m O O 4.0 C 0 O O O I`- I` Imo I,,-, I—, P - Il- i- M (D. Q i L U L U , cD E a) cD E E m O C L /D V O N co Q) O 71 L`L (a S RECONSTRUCTION OF WEST STREET . READING, MASSACHUSETTS MASSDOT PROJECT FILE NUMBER 601705 PROJECT LOCATION AND LIMITS The project includes the West Street Corridor from the intersection of West/Willow /Summer Avenue southward umm 01 at to the Woburn City Line in Reading, Massachusetts. Improvements to the intersection of Woburn Street d' Summer Avenue are also included as part of the project. The project limits along the corridor ext en approximately 7, , 500 feet (1.4 miles) along West Street and an additional 2,500 feet (.5 mile) along the intersecting side streets for a total project length of approximately 10,000 feet (1.9. miles). WILMINGTON LOCATION PLAN . p THE PROJECT HAS BEEN IN THE WORKS FOR OVER 14 YEARS. .• This project received Project Review Committee approval- on February 6, 1996 • 25% Design Package submitted to MassDOT on February 27, 2006 • MassDOT Design Public Hearing held on January 30, 2008 • 75% Design Package submitted to MassDOT on September 29, 2008 • Order of Conditions issued by the Reading Conservation Commission on December 2, 2009 PROJECT NEED • ADT along West Street corridor is approximately 13,100 vehicles - • West Street serves as the primary connector between Woburn and communities north of Reading and also provides access to I -95 in Woburn and I -93 in Wilmington • School Safety need oBarrows Elementary School (K -5) immediately abuts West Street. There are 400 children in the school the majority of which use West Street to access the school. This school site also contains a park site which contains neighborhood basketball, tennis, baseball, and playground facilities. oParker Middle School (6 -8) lies 4 blocks to the east of West Street and houses approximately. 595 students, about 1/4 of whom must cross West Street to get to school. This site also contains one of the Town's major athletic facilities consisting of an artificial turf soccer, lacrosse, and football field. enue is one block from Parker Middle School and under this oThe intersection of Woburn Street and Summer Av project a new signal will be installed.. oJoshua Eaton School (K -5) lies approximately 5 blocks to the east of West Street and houses 425 elementary school students as well as a major youth baseball facility and playground. oAustin Preparatory School (5 -12) lies near the northerly end of the project about a block away, and houses 695 students, all of whom drive or driven to school. At least 1/Z of the students arrive at school via West Street • _Community Growth 'in and outside of Reading), Three major housing developments, as well as growth in the commercial areas of Woburn, create more traffic on West Street. oAvalon Bay 490 unit multifamily residential rental development in Woburn — access is only via West Street oJohnson Woods 250 unit multifamily residential for sale (condo's) development in Reading — 10% affordable units - access is only via West Street oReading Commons 240 unit 40b rental development —.20% low income - access only via West Street o Commercial development in Woburn — Cummings Park and Mishawaum Road retail area — still expanding MISCELLANEOUS PROJECT INFORMATION • • West Street Pavement Condition Index (PCI) is approximately 61.5 on a scale of 100 • Town completed water distribution main along West Street in 2005, in preparation of the reconstruction project. The roadway is now in desperate need to reconstruction and if the project is not moved quickly local funds will . have to be spent which will be wasted when the reconstruction project is done. • Length of project is approximately 1.9 miles (includes side streets) • Project to provide continuous pedestrian and wheelchair facilities with new cement concrete sidewalks and ADA/AAB wheelchair ramps and grass buffer strips along both sides of roadway • Project to install new School Crossing Traffic Signal (fully actuated) at West Street/King Street/Winslow Road intersection for Barrows Elementary School and Parker Middle School students • Project cost is currently $7,907.254.57 (MassDOT is carrying this amount in their system) • The town has expended approximately $370,000.00 for Design Services to date • MassDOT has completed the 75% Design Review with the exception of the District 4 DUCE Section (District has sent draft DUCE Comments with the formal comments due by September 17, 2010) • The Utility Coordination Meeting was held on May 18, 2010 and site walk was held on June 29, 2010 RIGHT OF WAY and ENV ERONMENTAL STATUS • Town is obtaining signatures on new Right of Way forms (no permanent easements or takings) • The CE Checklist and ENF were submitted to MassDOT on June 23, 2010 • Local Conservation Commission approval received 2010 FUNDING (TIEP1 STATUS A , • Project currently resides in the Universe of Projects (not programmed on a FFY TIP) J " 73