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HomeMy WebLinkAbout2011-01-25 Board of Selectmen PacketOFRfiQ~ly Town of Beading 16 Lowell Street ' ng, MA 01867-2685 Reads J6,3g°iti o4Q~4P . FAX: (781) 942-9071 Email: townmanager@ci.reading.ma.us TOWN MANAGER Website: www. readingma.gov (781)'942-9043 MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: January 20, 2011 RE: January 25, 2011 Agenda 4) The Volunteer Appointment Subcommittee has interviewed candidates for the Town Forest Committee and the RMLD Citizen's Advisory Board. The minutes from their meeting are enclosed. The question was raised as to whether the Town Forest Committee was three members or five, and I have enclosed a copy of the policy establishing the Town Forest Committee as five members. 5a) The hearing material for the change of officer and stockholder for Oye's is enclosed. Also included are comments from Health, Police, and Community Services. Staff has no problems with the proposed changes. 5b) Traffic Issues - Washington Street - We have sent a notice to establish parking regulations on Washington Street between Prescott and Woburn Streets pursuant to the Board's previous discussion. I have enclosed a general map, and more specific mapping and recommendation from staff will be forthcoming on Tuesday. Grove Street at Strout Avenue Parking Regulations - Staff has recommended restriction on 50 feet on either side of Strout Avenue - no parking, standing or stopping. This is a site visibility issue for traffic coming out of Strout Avenue. Temple Street Parking- Regulations - After we completed the reconstruction of Temple Street on the sidewalks, we determined that the parking restriction signs on the street were never firmly adopted by the Board of Selectmen. This hearing is to adopt the regulations that are currently posted with signs. 8 5c) Presentation - Ad Hoc Municipal Building Committee - The Chairman of the Ad Hoc Municipal Building Committee is finalizing the report and if I get it before Tuesday I will email it to you. The Municipal Building Committee and Chairman will be at the meeting and do a presentation on their recommendations. 5d) Economic Development Committee Briefing - This is the annual briefing from the EDC. Their proposed presentation is included, with a notation that in one of the slides Chairman Bonazoli needs to add the three highest priority action items from the Economic Development Summit. 5f) Update Mattera Cabin - Selectmen Anthony and Bonazoli will make a report to the Board of Selectmen on the progress on the cabin. PIH/ps 9 Volunteer Appointment Subcommittee January 18, 2011 The . meeting convened at 6:30 p.m. in the Senior Center, 49 Pleasant Street, Reading, Massachusetts. Present were Selectmen Camille Anthony and.Stephen Goldy, Town Manager Peter Hechenbleikner, Town Forest candidate Tom Gardiner, RMLD CAB candidate Tony Capobianco. The Town Manager explained that the process would be for the Volunteer Appointment Subcommittee to. meet, interview and make a recommendation to the Board of Selectmen. The recommendation will be forwarded to the full.Board of Selectmen on January 25, 2011 and the Board will make decisions on appointments at that time, Town Forest Committee - Tom Gardiner has been an Associate on the Town Forest Committee and has attended three meetings to date. The vacancy occurs because of George Perry's resignation. RMLD Citizen Advisory Committee - Tony Capobianco is a member of, the Advisory Committee on the Cities for Climate Protection Program, and former CAB member Tracy Sopchak recommended that he consider the position. She has briefed him on the meeting commitment for the position. On motion by Anthony seconded by Goldy the Volunteer Appointment Subcommittee recommends Tom Gardiner for a full position on the Town Forest Committee with a term expiring June 30, 2012 by a vote of 2-0-0. On motion by Anthony seconded by Goldy the Volunteer Appointment Subcommittee makes a recommendation of Tony Capobianco to a position on the RMLD CAB for a term expiring June 30, 2011 by a vote of 2-0-0. On motion by Anthony seconded by Goldy the Volunteer Appointment Subcommittee adjourned at 6.45 p.m. by a vote of 2-0-0. e ectful y itted, S etary 10 ~l a,-k APPOINTMENTS TO BECOME EFFECTIVE JANUARY 11, 2011 Town Forest Committee Term: 3 years- Appointing Authority: Board of Selectmen Present Member(s) and Term(s) Vacancy Patrice A. Todisco Louis deBrigard Mark Wetzel **Thomas Gardiner (Associate) Candidates: 483 Franklin Street 37 Auburn Street 163 County Road 182 Franklin Street **Indicates Associate seeking full membership *Indicates incumbents seeking reappointment Orig. Date (08) (02) (10) (10) 1 Vacancy Term Exp. 2012 2013 2011 2013 2011 11 -tom, APPLICATION FOR APPOINTMENT TO BOARDS/COMMITTEES/COMMISSIONS Date: 11 ! ,z. % u (bast) Address:-____ (Middle) occupation: be y br kc, At,-W, 3Z ZAIZO.X Tel. (Home Tel. (Work,- (Is this number listed?) # of years in Reading: Are you a registered voter in Reading? e-mail addres Place a number next to your preferred position(s) (up to four choices) with #1 being your first priority. (Attach a resume if available) Animal Control Appeals Committee -Audit Committee -Board of Appeals -Board of Cemetery Trustees Board of Health -Board of Registrars Bylaw Committee - Celebration Committee -Cities for Climate Protection -Commissioner of Trust Funds -Community Planning & Development Comm. -Conservation Commission -Constable Contributory Retirement Board -Council on Aging Cultural Council Custodian of Soldiers' &.Sailors' Graves -Economic Development Committee Finance Committee -Historical Commission -Housing Authority -Human Relations Advisory Committee Land Bank Committee _MBTA. Advisory Committee Metropolitan Area Planning Council -Mystic Valley Elder Services RCTV Board of Directors Recreation Committee D Citizens Advisory Board -Telecommunications and Technology Advisory Committee Town Forest Committee -Trails Committee West Street Historic District Commission Other Please outline relevant experience for the position(s) sought: 00 w ~D q b2 14 2.3.7- Town. Forest Committee . Town Meeting in 1930 established the "Committee on Re-forestation" which we now refer to as the Town Forest Committee. Article 4-10 of the . Reading Home Rule Charter provides for the appointment by the Board of Selectmen of a Town Forest. Committee. The purpose of this policy is to establish the structure and purpose of the Town Forest Committee. There is hereby established a 5 member Town Forest committee whose members shall be appointed for three (3) year terms, so appointed that as close as possible to an even number of terms shall expire each year. The Board of Selectmen shall give consideration to applicants with the following. credentials when selecting and appointing members of the Town Forest Committee: • Knowledge of the community • Familiarity with and interest in the Town Forest • Experience with open space preservation and/or land use management • Interest and knowledge in protection of wildlife habitats, forest ecosystems, wetlands, trails, outdoor recreation, and soil and water resources. The Town Forest Committee shall serve as the stewards of the Town owned lands owned as the Town Forest land. As stewards of the Town Forest, the Town Forest Committee shall undertake the following tasks with and in cooperation with appropriate Town staff: • With staff and input by the community, coordinate the development of a.Town Forest Stewardship Plan and a Town Forest Master Plan which will act as guides in future decision making. • Maintain ongoing files of information pertaining to the Town Forest, using the most current available. technology: • Develop and adopt rules and regulations for the Town Forest. • Coordinate scheduling as appropriate for the use of all or a portion of the Town Forest by various community groups The Town Forest Committee shall administratively fall under the Department of Community Services. Staff as available shall be assigned by the Town Manager to work with the Town Forest Committee. Adopted 6122110 12 6L2 RMLD CITIZENS' ADVISORY BOARD Term Three years Annointing Authority Board of Selectmen Number of Members Five Members - One from Reading, one from North Reading, one from Lynnfield and two from Wilmington. The three year terms are staggered Meetings CAB meets once a month in the evening and rotates its meeting locations among the four towns. Authori purpose The Citizens' Advisory Board reviews and makes non-binding recommendations to the RMLD Board on budgets and financial matters including rate setting as well as other policy and operational matters. CAB members' also serve as liaisons to the communities they represent and specifically to the Board of Selectmen. 0b\ 13 LEGAL NOTICE ;f' TOWN OF READING ' To the Inhabitants of the Town of Reading: Yo are hereby notified that ,,-on application for a New Officer ~apd a New Stockholder has been applied for by Kok, Inc. d/b/a Oye's. The application is :for the premises at 26 Walkers °erook Drive, Reading, Qassachusetts. Under the provisions. of ,,Chapter 138, Section 15 of the Massachusetts General Laws, a public hearing will be held by the Board of Selectmen con- '66rning this application , on -Uesday, January 25, 2011 at ..7;30 p.m. in the Selectmen's -.4peting Room, 16 Lowell Street, Reading, Massachusetts. All interested parties are IlWited to attend or submit their V.omments in writing, or by email prior to 4:00 p.m. on ."January 25, 2011 to townman- ,,~9er@ci.reading.ma. us. ' By order of Peter 1. Hechenbleikner i.~ Town Manager 1:18 . soj 15 OFRy0'y Town of Reading 4e 16 Lowell Street r°sJ9. P° °ae°~ Reading, MA 01867-2685 rxc FAX: (7a1) 942-9071 Email: townmanager@ci.reading.ma.us Website: www. readingma.gov MEMORANDUM DATE: December 22, 2010 TO: Police Chief Jim Cormier Town Planner Jean Delios Vxl~ Public Health Administrator Larry Raindin Building Inspector Glen Redmond FROM: Lillian Marino, Town Manager's Office TOWN MANAGER (781) 942-9043 RE: Application for New Officer and New Stockholder Attached is an application for New Officer and New. Stockholder for Kok, Inc. d/b/a Oye's located at 26 Walkers Brook Drive. This application will be going before the Board of Selectmen at their meeting on January 25, 2011. Please review this material and get back to us with your comments. Thank you for your assistance. ~l lm Attachment 16 ~a,2 ~o~NoFRFgo~ti Town of Reading 16 Lowell Street sag+iNCORQ~P Reading, MA 01867-2685 i FAX:.(781) 942-9071 Email: townmanager@ci.reading.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942-9043 MEMORANDUM DATE: December 22, 2010 TO: Police Chief Jim Cormier / Town Planner Jean Delios / Public Health Administrator Larry Ramdin Building Inspector Glen Redmond FROM: Lillian Marino, Town Manager's Office RE: Application for New Officer and New Stockholder Attached is an application for New Officer and New Stockholder for Kok, Inc. d/b/a Oye's located at 26 Walkers Brook Drive. This application will be going before the Board of Selectmen at their meeting on January 25, 2011. Please review this material and get back to us with your comments. Thank you for your assistance. lm Attachment jot, 17 READING POLICE DEPARTMENT x 15 Union Street -Reading, Massachusetts 01867 Wt Emergency Only: 911 - All Other Calls: (781) 944-1212 - Fax: (781) 944-2893 Web: www.ti.reading.ma.us/police/ EXECUTIVE REVIEW New Officer/Director and Stockholder for Kok, Inc. d/b/a Ove's January 04, 2010 Chief James Cormier 011 Reading Police Department 15 Union Street Reading, MA 01867 Chief Cormier, As directed by your Office and in accordance with Reading Police Department Policy and Procedures, I have placed together an executive review of the application' for new Officer/Director and Stockholder for Kok, Inc. d/b/a Oye's located as 26 Walkers Brook Drive. This application will be going before the Board of Selectmen at their meeting on January 25, 2011. , After a thorough review of the application, I find no reason why the change of this license application should not go forward. Respectfully Submitted, b'~* c ive Mark D. Segalla Division Commander s~ 18 Chung I. Lee Attorney At Law 31 Milk Street, Suite 818, Boston, Massachusetts 02109 Telephone: (617) 451-1036 FAX '(617) 451-0968 November 29, 2010 Town of Reading Board of Selectmen Town Hall 16 Lowell Street Reading, MA 01867 RE: Petition for New Officer and New Stockholder Kok, Inc. 26 Walkers Brook Drive, Reading, MA 01867 Dear Sir or Madam, a c 0 ca Please note that this. office represents Kok, Inc., dba Oye's, located at 26 Walkers Brook Drive, Reading, MA. 01867. Pursuant to instructions received from the Alcoholic Beverages Control Commission, please find attached completed Petition for new Officer and New Stockholder for my client., Please note that.the attached petition involves a new stockholder and officer (treasurer and secretary) resulting from the departure of the previous stockholder and officer, Dacun Pan. As a result, and insofar that Mr. Dacun Pan did not tendered the requisite consideration for. the intended corporate equity share, a Special Joint Meeting of the Shareholders and Board of Directors was held on October 13, 2010; accepting the resignation of Dacun Pan from his positions of Treasurer and Secretary; and replacing him with the new proposed Treasurer and Secretary, Karen ZHENG (a/k/a Jian Qing ZHENG). 'Furthermore, as Ms. Zheng has proffered sufficient consideration to warrant a 20% equity share of Kok, Inc., a corporate proposal was approved in the special meeting, canceling Mr. Dacun Pan's issued certificate, and transferring such ownership, without additional consideration, to Karen Zheng. After discussions with the ABCC, we were advised that, insofar additional. capital and consideration is not necessary, financial support documentation and advertisement will not be necessary. Kindly advise if such is correct. Finally, I have also attached this office's check in the amount of $200.00 far the ABCC petition fee. I would appreciate it if you could process the attached petition, and contact this office with 19 5a, additional instructions with regards to any additional information and/or documentation, as well as informing us of the hearing date on this petition. Please note that I will be away from the Commonwealth of Massachusetts until January 15, 2011, and as such, I would appreciate it if you will schedule any hearings after such date. Thank you for your kind cooperation in this matter. 20 0410-R& The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www mass.gov/abcc FORM 43 MUST BE SIGNED BY LOCAL LICENSING AUTHORITY 101600032 READING . ABCC License Number City/Town TRANSACTION TYPE (Please check all relevant transactionsl: New License X New officer/Director Pledge of License Transfer of License F-1 Change of Location Pledge of Stock Fj Change of Manager M Alteration of Licensed Premises F~ Transfer of Stock E] Cordials/Liqueurs Permit F~ issuance of Stock 0 New Stockholder 6-Day to 7-Day License F] Management/Operating Agreement F] Wine & Malt to All Alcohol C] For Reconsideration Local Approval Date Change Corporate Name Seasonal to Annual Change of License Type ❑ Other-- Name of Licensee KOK, INC, EIN of Licensee D/B/A OYES Manager YAO H.TANG ADDRESS: 26 WALKERS BROOK DRIVE - = CITY/TOWN:. READING - STATE MA ZIP CODE .01867 Annual All Alcohol 7 Restaurant Club, Package Annual or Seasonal Categpry:(All Alcohol- Wine&Malt Wine, Type: nera4 Malt & Cordials) Store, Geenerall Onn OPreemisesmises, Etc.) , Etc) Complete Description of Licensed Premises: COMMERCIAL PREMISES CONTAINING APPROX. 4517 SQ. FT., WITH ENTRANCE FRONTING ON WALKERS BROOK DRIVE, AS WELL AS TWO EXITS IN REAR OF PREMISES. BOTH THE KITCHEN AND DINING AREAS ARE ON THE SAME FLOOR, Abutters Notified: Yes C) No ['X Application Filed: DEC. 20, 2010_10:44_ Advertised: JANUARY 18, 2011 Date &Time Date & Attach Publication Contact Person for Transaction CHUNG H. LEE, ATTORNEY AT LAW Phone: 617-451-1036 ADDRESS: 31 MILK STREET, SUITE 818 CITY/TOWN: BOSTON = STATE MA ZIP CODE 02109 Remarks: The Local Licensing Authorities Alcoholic Beverages Control Commission Ralph Sacramone By: Executive Director ABCC Remarks: 21 560 ,Pant I.~orm~ The Commonwealth of Massachusetts Alcoholic Beverages' Control Commission 239 Causeway Street Boston, MA 02114, www mass Xovlabcc RETAIL ALCOHOLIC BEVERAGES LICENSE APPLICATION MONETARY TRANSMITTAL FORM APPLICATION SHOULD BE COMPLETED ON-LINE, PRINTED, SIGNED, AND SUBMITTED TO THE LOCAL LICENSING AUTHORITY. REVENUE CODE: RETA CHECK PAYABLE TO ABCC OR COMMONWEALTH OF MA: $200.00 IF USED'EPAY, CONFIRMATION NUMBER: A.B.C.C. LICENSE NUMBER. (IF AN EXISTING LICENSEE; CAN BE OBTAINED FROM THE CITY): LICENSEE NAME: ADDRESS: CITY/TOWN Inc. dba Oye's Walkers Brook Drive, Reading STATE a ZIP CODE [0 1867 TRANSACTION TYPE lease check all relevant transactions - New License Transfer of License F1 Change of Manager Cordials/Liqueurs Permit 6-Day to 7-Day License ® New Officer/Director F] Change of Location Alteration of Licensed Premises ® New Stockholder Management/Operating Agreement Ej Pledge of License Pledge of Stock Transfer of Stock F1 Issuance of Stock n Wine & Malt to All Alcohol Change Corporate Name Seasonal to Annual E] Change of License Type E] 0therl- THE LOCAL LICENSING AUTHORITY MUST MAIL THIS TRANSMITTAL FORM ALONG WITH THE CHECK, COMPLETED APPLICATION, AND SUPPORTING DOCUMENTS TO: BANK OF AMERICA. P. O. BOX 3396 BOSTON, MA 02241-3396 22 s,g The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www mass goy/abcc PETITION FOR TRANSFER OF OWNERSHIP ABCC License Number Reading City/Town The licensee Kok, Inc. dba Oye's and the proposed transferee Karen ZHENG respectfully petition the Licensing Authonties to approve the following transfer of ownership. Is the PRESENT licensee a Corporation/LLC duly registered under the laws of the Commonwealth of Massachusetts? Tf VRC nles-ze lief the officers- directors and stockholders, their residences, and shares owned by each. ® Yes ❑ No If YES, please list the officers, directors and stockholders, their residences, and shares owned by each. TO: (Place an * before the name of each DIRECTOFALC Manager.) Name Title Address Stock or % Owned Wan Feng YE (aka Kevin YE) President _ 80% Karen ZHENG EE I Treasurer & Secretary 0% EE Yau H. TANG Director one The above named proposed transferee hereby joins in this petition for transfer of said license. SIGNATURE OF LAST-APPROVED LICENSEE: (if a Corporation/LLG by its autho{¢ed representative) SIGNATURE OF PROPOSED TRANSFEREE: 23 Date Signed 10/15/2010 5a6t Is the PROPOSED transferee a Corporation/LLC, duly registered under the laws of the Commonwealth of Massachusetts? Application for Retail Alcoholic Beverage License City/Town Reading 1. Transaction: ❑ New License ® New Officer/Director ❑ Transfer of Stock ❑ Issuance of Stock ❑ Transfer of License ® New Stockholder. F1 Management/Operating Agreement The following transactions must be processed as new licenses-- Season al to Annual ❑ 6-Day to 7-day License ❑ Wine & Malt to All Alcohol TANT ATTACHA1'EWTS: The applicant must attach a vote of the entity authorizing all requested ons, including the appointment of a Manager of Record or principal representative. 2. Tyve of License: ® §12 Restaurant ❑ §12 Hotel ❑ §12 Club ❑ §12 Veterans Club ❑ §12 General On-Premise ❑ §12 Tavern (No Sundays) ❑ §15 Package Store 3. License Catagory: ® All Alcoholic Beverages ❑ Wine & Malt Beverages Only ❑ Wine or Malt Only ❑ Wine & Malt Beverages with Cordials/Liqueurs Permit 4. License Class: ® Annual ❑ Seasonal 5. Contact Person concerning this application (attorney if applicable) NAME: Chung H. Lee, Attorney at Law ADDRESS: 31 Milk Street, Suite 818 CITY[TOWN: Boston STATE MA ZIP CODE 02109 CONTACT PHONE NUMBER: (617) 451-1036 FAX NUMBER: (617) 451-0968 EMAIL: figment818@hotmail.com Sa-i 24 Licensee Information: Legal Name/Entity of Applicant:(e.g Corporation, LLC, Individual) Kok, Inc. Business Name (if different) : Oye's Manager of Record: Yao H. TANG ABBC License Number (for existing licenses only) Address of Licensed Premises: 26 Walkers Brook Drive CITY/TOWN: Reading STATE MA ZIP Business Phone: (781) 944-6800 Cell Phone: NIA Email: I N/A Website: N/A . Description of Premises: se provide a complete description of the premises to be licensed. The description should include the location of all entrances exits. Commercial premises containing approximately 4,517 square feet, with entrance fronting on Walkers Brook Drive, as well as two (2) exits in rear of premises. Kitchen area is located on same floor as the dining area. IMPORTANT ATTACHMENTS: The applicant must attach a floor plan with dimensions and square tootage Tor eacn noor 61 room. Occupancy Number Seating Capacity: 115 s. Occupancy of By what right does the applicant have possession and/or legal occupancy of the premises? Final Lease IMPORTANT ATTACHMENTS: The applicant must submit a copy of the final lease or documents evidencing a legal right to occupy the premises. Other: Landlord is a(n): LLC Other 1 Name alkers Brook Crossing LLC Phone: (617) 770-1955 _ Address: I1266 Furnace Brook Parkway City/Town: Quincy State MA Zip 02169 Initial Lease Term: Beginning Date 03/2010 Ending Date 07/31/2020 Renewal Term: 1 Options/Extensions at i~ Years Each Rent: F77= Per year Rent: $101163.25 per month Do the terms of the lease or other arrangement require payments to the Landlord based on a percentage of the alcohol sales? Yes ® No (j NOTE: Lease provisions provide for additional rent amounts based on gross sales, and not exclusively on alcohol sales. IMPORTANT ATTACHMENTS: if yes, the Landlord is deemed a person or entity with a financial or beneficial interest in this license. Each individual with an ownership interest in the Landlord must be disclosed in §10 and must submit a completed Personal Information Form attached to this application. Entity formation documents for the Landlord entity must accompany the application to confirm the individuals disclosed. 25 9. Licensee Structure: The Applicant is a(n): Corporation Other : If the applicant is a Corporation or LLC, complete the following: State of Incorporation/Organization: Massachusetts Date of Incorporation/Organization: 08/17/2009 the corporation publicly traded?Yes ❑ No 10. Interests in this License: List all individuals involved in the entity (e.g. corporate stockholders, directors, officers and LLC members and managers) an( any person or entity with a direct or indirect, beneficial or financial interest in this license (e.g. landlord with a percentage rent based on alcohol sales). IMPORTANT ATTACBMENTS: All individuals or entities listed below are required to complete a Personal Information Form. Name Title Stock or % Owned Other Beneficial Interest Wan Feng YE (aka Kevin YE) President 80% Karen ZHENG Treasurer and Secretary, 20% Yau H. TANG Director 0% *If additional space is needed, please use last page. 11 TQ;c~:no Tn+Prac#c in Other Licenses: Does any individual listed in §10 have any direct or indirect, beneficial or financial interest in any other license to sell alcoholic beverages? Yes E] No ® If yes, list said interest below. Name UcenseType Licensee Name & Address Please Select Please Select Please Select-~ Please Select Please Select Please Select Please Select *If additional space is needed, please use last page. sa~v 26 12. Previously Held Interests in Other Licenses: Has any individual listed in §10 who has a direct or indirect beneficial interest in this license ever held a direct or indirect, beneficial or financial interest in a license to sell alcoholic beverages, which is not presently held? Yes ❑ No ® if yes, list said interest below: Name Licensee Name & Address Date Reason Terminated [P~Iease [Please Selects Please Select 13. Disclosure of License Disciplinary Action: Have any of the disclosed licenses to sell alcoholic beverages listed in §11 and/or §12 ever been suspended, revoked or cancelled? Yes ❑ No ® If yes, list said interest below: Date License Reason of Suspension, Revocation or Cancellation 14. Criminal Record: any individual listed in §10 or who has a direct or indirect beneficial interest in this license ever been convicted of a municipal, federal or military crime? Yes ❑ No ® . the individual must providean affidavit as to any and all charges as well as the disposition. 15. Citizenship and Residency Requirements for a (§7 s) Package Store License ONLY-. Are all Directors/LLC Managers U.S. Citizens? Yes ❑No ❑ Are a majority of Directors/LLC Managers Massachusetts Residents? Yes ❑ No ❑ Is the License Manager or Principal Representative a U.S. Citizen? Yes ❑ No ❑ Are all members and partners involved at least twenty-one years old? Yes ❑ No ❑ 16. Citizenship and Residency Requirements for (§12) Restaurant, Hotel, Club, General On Premise, Tavern, Veterans Club License ONLY: 1. Are all Directors/LLC Managers U.S. Citizens? Yes ®No Are a majority of Directors/LLC Managers Massachusetts Residents? ' Yes ® No ❑ Is the License Manager or Principal Representative a U.S. Citizen? Yes ® No E] 27 S~i3 17. Costs Associated with License Transaction: A. Purchase Price for Real Property: None. -1 B. Purchase Price for Business Assets: C. Costs of Renovations/Construction: D. Initial Start-Up Costs: E Purchase Price for Inventory: F. Other. (Specify) G: TOTAL COST F- H. TOTAL CASH 1. TOTAL AMOUNT FINANCED F- -J ' IMPORTANT ATTACHMENTS: Submit any and all records, documents and affidavits including loan agreements that explain the source(s) of money for this transaction. Sources of cash should include a minimum of three (3) months of bank statements. The amounts listed in subsections (Iii and (1) must total the amount reflected in (G). . 18. Provide a detailed explanation of the form(s) and source(s) of funding for the costs identified in §17 (include loans, mortgages, lines of credit, notes, personal funds, gifts): N/A. Existing and operating business. *If additional space is needed, please use last page.. 19. List each lender and loan amount(s) from which "total amount financed" noted in subsections 17(1) will derive: Name Dollar Amount Type of Financing N/A *If additional space is needed, please use last page. Does any individual or entity listed in §19 as a source of financing have a direct or indirect, beneficial or financial interest in this license or any other license(sj granted under Chapter 138? Yes ❑ No If yes, please describe: 28 ci, E0. Pledge: (i.e. collateral for a loan) is the applicant seeking approval to pledge the license? ❑ Yes ® No if yes, describe terms and conditions and to whom: If a corporation, is the applicant seeking approval to pledge any of the corporate stock? n Yes ® No If yes, to whom: Number of Shares the applicant pledging the inventory? 0 Yes ® No If yes, to whom: iPORTANT ATTACHMENTS: If you are applying for a pledge, submit the pledge agreement, the promissory note and a vote of e Corporation/LrC approving the pledge. 21. Construction of Premise Are the premises being remodeled, redecorated or constructed in anyway? If YES, please provide a description of the work being performed on the premises: ❑ Yes ® No If all the information is not completed the application may be returned 29 s~, s APPLICANT'S STATEMENT I, Wan Feng YE the: sole proprietor; El partner;® corporate rinci al; LLC/LLP member o Kok, Inc. dba oye's , hereby submit this application for change of officers & stockholde (hereinafter the pp' ica ion -)o~hetoea[Tcensing authority (the "LLA") and the Alcoho"is - everages , on o ommission (the "ABCC" and together with the LLA collectively the "Licensing Authorities") for approval. I do hereby declare under the pains and penalties of perjury that I have personal knowledge of the information submitted in the Application, and as such affirm that all statement and representations therein are true to the best of my knowledge and belief. I further submit the following to be true and accurate: (1) , I understand that each representation in this Application is material to the Licensing Authorities' decision on the Application and that the. Licensing Authorities will rely on each and every answer in the Application and accompanying documents in reaching its decision; (2) I state that the location and description of the proposed licensed premises does not violate any requirement of the ABCC or other state law or local ordinances; (3) I understand that while the Application is pending, I must notify the Licensing Authorities of any change in the information submitted therein. I understand that failure to give such notice to the Licensing Authorities may result in disapproval of the Application; (4) I understand that upon approval of the Application, I must notify the Licensing Authorities of any change in the Application information as approved by the Licensing Authorities. I understand that failure to give such notice to the Licensing Authorities may result in sanctions including revocation of any license for which this Application is submitted; (5) I understand that the licensee will be bound by the statements and representations made in the Application, including, but not limited to the identity of persons with an ownership or financial interest in the license;'. (6) I understand that all statements and representations made become conditions of the license; (7) I understand that any physical alterations to or changes to the size of, the area used for the sale, delivery, storage, or consumption of alcoholic beverages, must be reported to the Licensing Authorities and may require. the prior approval of the Licensing Authorities; (8) I understand that the licensee's failure to operate the licensed premises in accordance with the statements and representations made in the Application may result in sanctions, including the revocation of any license for which the Application was submitted; and (9) I understand that any false statement or misrepresentation will constitute cause for disapproval of the Application or sanctions including revocation of any license for which this Application is submitted. Signature] Date October 1.5, 2010 Title President 30 The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 cc www.mass.gov/ab Personal Information Form Each individual listed in §10 of this application must complete this form. 1. Licensee Information: . Legal Name of Licensee: Kok, Inc. Address: 26 Walkers Brook Drive City[Town Reading Business Name (d/b/a) Oye's ABCC License Number: existing licensee) State MA Zip Code 01867 Phone Number of Premise (781) 9446800 EIN of License: Personal Information: individual Name F Feng YE Home Phone Number: Address: r--- C'rty/Town State MA Zip Code I Social Security Number Date of Binh, Place of Employment Kok, Inc dba Ore's Have you ever been convicted of a state, federal or military crime? Yes ❑ No If yes, attach an affidavit as to all charges and disposition. Financial Interest: a detailed description of your direct or indirect, beneficial or financial interest in this license. I am the 80% equity owner of the corporate license holder, Kok, Inc. dba Oye's. IMPORTANT ATTACHMENTS: For all cash contributions, attach last 3 months of bank statements for the source(s)'of this cash. *If additional space is needed, please use the last page' I hereby swear under the pains and penalties of perjury that the information I have provided in this application is true and accurate: Signature Date October 15, 2010 Title President (If Corporation/LLC Representative) 31 The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www.mass.gov/abcc Personal Information Form Each individual listed in §10 of this application must complete this form. 1. Licensee Legal Name of Licensee: Kok, inc. ~ Business Name (d/b/a) Dye's Address: 26 Walkers Brook Drive ABCC License Number: f existing licensee) City/Town Reading State MA Zip Code 01867 Phone Number of Premise (781) 944-6800 EIN of License: 2. Personal Information: Individual Name Karen ZHENG Home Phone Number: Address: City/Town State MA Zip Code Social Security Number Date of Birth Place of Employment Kok, Inc. dba Oye's Eve you ever been convicted of a state, federal or military crime?. Yes ❑ No yes; attach an affidavit as to all charges and disposition. Financial Interest: a detailed description of your direct or indirect, beneficial or financial interest in this license. I am the 20% equity owner of the corporate license holder, Kok, Inc. dba Oye's. 1 am also the Treasurer and Secretary of the corporate license holder, Kok, Inc. dba Oye's. IMPORTANT ATTACHMENTS: For all cash contributions, attach last 3 months of bank statements for the source(s) of this cash. *If additional space is needed, please use the last page* I hereby swear under the pains and penalties of perjury that the information I have provided in this application is true and accurate: Signature r- G Date October 15r 2010 Title I Treasurer & Secretary (If Corporation/LLC Representative) 457 32 The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www.mass. rov/abee Personal Information Form Each individual listed in §10 of this application must complete this form. 1. Licensee Information: Legal Name of Licensee: KBusiness Name (d/b/a) Oye's Address: 26 Walkers Brook Drive ABCC License Number. (If existing licensee) City/Town Reading State MA Zip Code 01867 Phone Number of Premise (781) 9446800 EIN of License: L Personal Information: Individual Name au H. TANG Address: City/Town State r-~ Social Security Number Place of Employment Kok, Inc. dba Oye's Home Phone Number: MA Zip Code Date of Birth Have you ever been convicted of a state, federal or military crime? Yes ❑ No If yes, attach an affidavit as to all charges and disposition. 3. Financial Interest: a detailed description of your direct or indirect, beneficial or financial interest in this license. am the Director and Manager of record for the corporate license holder, Kok, Inc. dba Oyes. IM-PORTANT ATTACHAIENTS: For all cash contributions, attach.last 3 months of banK statements ror me sourcets) vi um cabi,. 'If additional space is needed, please use the last page` I hereby swear under. the pains and penalties of perjury that the information I have provided in this application is true and accurate: :-I Date October 15, 2010 Signature E:~ Title F" Direct & Manager (If Corporation/LLCRepresentative) I 33 KO K, INC. dba Oye's 26 Walkers Brook Drive, Reading, MA} H867 November 17, 2010 Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 RE: Petition for New Stockholders Dear Sir or Madam, Please be informed that Dacun Pang the original proposed 20% equity stockholder and Treasurer/Secretary of the corporation, has left the corporation without notice. He has not committed, to the corporation, the requisite time and experience which formed the sole basis of his contribution and `subscription price' justifying the original 20% equity interest in the corporation. As such, and pursuant to a Special Joint Meeting of the Shareholders and Board of Directors of the Corporation, Mr. Dacun Pan was effectively replaced with Karen Ye, who is now the Treasurer and Secretary of the Corporation. Further, as Ms. Ye has contributed substantial' time and efforts towards the success of the Corporation since the beginning, and in the absence of Mr. Dacun Pan, it was determined and decided by the Corporation (by the Special Joint Meeting of the Shareholders and Board of Directors) that Ms. Karen Ye be placed in the position of 20% equity owner of the corporation replacing Mr. Dacun Pan, such position to be treated as an initial issuance of stock equity, which will not result in any additional transfer of monetary funds. Thank you. Sincerely, G~ Wan Feng YE, President -210 34 KOK, INC. 1AfflqUTES OF THE SPECIAL JOEIiT MEETING OF THE SHAREHOLDERS AND BOARD OF DIRECTORS Pursuant to the foregoing Waiver of Notice, a Special Meeting of the Shareholders and Board of Directors of Kok, Inc. was held at 26 Walkers Brook Drive, Reading, MA O1 867 at 2:OOPM, on October 13, 2010. .All'of the Directors were present throughout the meeting, namely: Yao H. TANG Yao H. Tang, the sole Director, called the meeting to order. Yao H. Tang was unanimously chosen Chairman of the meeting. Wan Feng YE, as President of the Corporation, was unanimously chosen Secretary of the meeting, and kept the minutes of the meeting. The President then submitted to meeting the resignation of Dacun Pan from the positions of Treasurer and Secretary of the Corporation, said resignation to be effective upon the. completion of this special meeting of the shareholders and Board of Directors. Further, as Dacun Pan did not forward to the corporation the necessary subscription price and amount for the his original 20% share of the corporate stock, the President submitted to the meeting.a proposal to cancel and terminate his 20% share'ofthe corporation. On.motion duly made and seconded,, all of the Directors present voting in the affirmative, it was: VOTED: That the resignation of Dacun Pan from the positions of Treasurer and Secretary of the Corporation be accepted, said resignation to be effective upon the completion of this special meeting of the -shareholders and Board of Directors. VOTED: That Dacun Pan's original 20% share of the corporation, and its corresponding stock certificate, be cancelled and terminated due to Dacun Pan's failure to forward the necessary subscription price and amount for such 20% equity ownership share, such cancellation and termination effective upon the completion of this special meeting of the shareholders and Board of Directors.. The President then indicated that it would be advisable to consider electing a new Treasurer and Secretary to fill the vacant positions in the Corporation. After discussion, onmotion duly made and seconded, all of the Directors present voting in the affirmative, it was: 35 5~-2~ 't(7i• VOTED: That the following officers are hereby elected to serve in the following respective offices, said service to be effective upon completion of this special meeting of the shareholders and Board of Directors: Karen MENG - Treasurer Karen MENG - Secretary The President then indicated that Karen ZING has forwarded the necessary subscription price and amount for a.20% equity ownership share of the Corporation, and submitted a proposal that Karen MENG be issued the appropriate stock certificate evidencing her 20% equity ownership of the Corporation. After discussion, on motion duly made and seconded, all of the Directors present voting in the affirmative, it was: VOTED: That a stock certificate for 20 shares of the Corporation. (currently equivalent to 20% equity ownership of the Corporation) be issued to Karen. MENG as stockholder. Finally, in order to effectuate the changes resulting from this special joint meeting of the shareholders and Board of Directors as they relate to the current business operations of the Corporation, on motion duly made and seconded, all of the Directors present voting in- the affirmative, it was:. VOTED: That the Corporation file all requisite applications to the Town of Reading and the Alcoholic Beverages Control Commission (ABCC) to effectuate the changes in stockholder structure and corporate officers in the Corporation. VOTED: That Wan Feng YE (aka Kevin YE), President of the Corporation is hereby duly authorized to execute and deliver on behalf of the Corporation any and all documents and licensing applications needed and necessary to effectuate such changes to the ABCC and the Town of Reading. There being no further business to be transacted, on motion duly made and seconded, all of the Directors present voting in the affirmative, it was: VOTED: To adjourn. A true record. ATTEST: 4' Wan Feng YE Secretary for Special Meeting Of the Shareholders and Board of Directors 36 PC Vie oloealzb o ~as~jt~~z William Francis Galvin Secretary of the Commonwealth One Ashburton Place, Boston, Massachusetts 02108-1512 COO p~`( Statement of Change of Supplemental Information. Contained in Article VIII of Articles of Organization (General haws Chapter 156D, Section 2.02 and Section 8.45; 950 CMR 113.17) (1) Exact name of the corporation: Kok, Inc (2) Current registered office e:ildress: 2F; Walkers Rrnnk nrivar Reading MA 01867 (number, street, city or town, state, zip code) (3) The following supplemental information has changed: (rbeck appropriate box) 21 Names and addresses of the directors, president, treasurer and secretary (an address need not be, specified if the business address of the officer or director is -the same as the principal office location): President: Wan Feng YE 62 Mary Street, Quincy, MA 02169 ;no, ° co rv cz :`7 ril Treasurer: Karen ZHENG 62 Mary Street, Quincy, MA 02169 ' (a/k/a Jian Qing ZHENG) Secretary: Karen ZHENG 62 Mary Street, Quincy, MA 02169. al 7Z (alkla Jian Qing ZHENG) Director(s): Yau H. TANG 1 Nassau Street, #1007, Boston, MA 02111 ' ts7 r ❑ Fiscal year end: (month, day) ❑ Principal office address: (number, street. city or town, state, zip code) ❑ 'Type of business in which the corporation intends to engage: ❑ Other: This certificate is effective at the time and on the date approved by the Division, unless a later effective date not more than 90 days from the date of filing is specified: P. C. 19U 2.1 37 }r J~ Signed by: (signature of authorized individual) ❑ Chairman. of the board of directors, R) President, ❑ Other officer, ❑ Court-appointed fiduciary, on this day of October -2010 38 s~ COMMONWEA `I'H OF MASSACHUSETTS William Francis Galvin Secretary of the Commonwealth One Ashburton Place, Boston, Massachusetts 02108-1512 Statement of Change of Supplemental irformmation Contained in Article V111 of Articles of Organization (General Laws Chapter 156D, Section 2.02 and . Section 8.45-, 950 CMR 113.17) I hereby certify that upon examination of this statement of change, duly submit- ted. to me, it appears that the provisions of the General Laws relative thereto have been complied with, and I hereby approve said statement; and the filing fee in the amount. of $ having been paid, said articles are deemed ro have been filed with me this a.m./p.rn. day of time Effective date: (must be within 90 days of date submitted) Examiner WILLIAM FRANCIS GALVIN Secretary of the Commonwealth Filing fee; $25 for paper or fax filing. No Fee if filed electronically. TO BE FILLED IN BY CORPORATION Contact Information: Chung H. Lee, Attomey at Law 31 Milk Street, Suite 818 Boston, Massachusetts 02109 Telephone: Email.. Upon filing, a copy of this filing will be available at www.sec.state-ma.US/COL If the document is rejected, a copy of the rejection sheet and rejected document will be available in the rejected queue. _r. 5 Zs 39 LEGAL NOTICE TOWN OF READING To the Inhabitants of the Town of Reading: Please take'notice that the Board of Selectmen of the Town of Reading'will hold the follow- ing public hearings on traffic issues on Tuesday, January.25, 2011 in the Selectmen's Meeting- Room, 16 Lowell` Street, - Reading, Massachusetts: ng Washington Street. iEetStr~ou Regulations Grove Streat Avenue Parking Regulations 8:30 p:m. • Temple Street Parking. Regulations 8:45 p.m. A copy of the relevant docu- ments regarding these topics is available in the Town Manager's Office, 16 Lowell Street, Reading, MA from 7:30 am-5:30 pm, M-W-Thurs and Tues 7:30 am-7:00 pm and .this document is attached to the hearing notice on the website at www.readingma.gov All interested parties are invited to attend,. or may submit their comments in writing or by email prior 'to 4:00 p.m. on January 25, 2011 to townman- ager@ci.reading.ma.us. By order of Peter 1. Hechenbleikner Town M%pager 1/18 Easy Peel® Labels Use Avery® Template 51600 LOEWS JOHN H 15 LAWRENCE ST' WAKEFIELD, MA 018.80 AVTGES JOLEEN PETER AVTGES 42 WASHINGTON ST READING, MA 01867 STINCHFIELD ROGER M BETTY M STINCHFIELD PO BOX 692 WATERBORO, ME 04087 BELL ROBERT RAY ETAL TRS R & L REALTY TRUST 35 WASHINGTON STREET READING, MA 01867 A Bend along line to Feed Paper expose Pop-up Edge7m KURKER PAUL K LYNN E O'BRIEN 34 WASHINGTON ST READING, MA 01867 STROMAN PETER G KAREN G STROMAN 46 WASHINGTON ST READING, MA 01867 DONEGAN ANGELA MARIE BRIAN DONEGAN ETAL 47 WASHINGTON ST READING, MA 01867 TURNER STEPHEN HOLLY TURNER 37 WASHINGTON ST READING, MA 01867 ARY0 51600 LARSON GEORGE R NANCY P LARSON. 38 WASHINGTON ST READING, MA 01867 LUSK DAMON P CHRISTINE E TIGHE 52 WASHINGTON ST READING, MA 01867 BAY ERNEST C MARIE J BAY 144 WOBURN ST READING, MA 01867 HUBBARD ROBERT B KIMBERLY ROSE HUBBARD 43 WASHINGTON ST READING, MA 01867 S~ Z 41 of 209 \ L~1 n 1 n-:g YS",Jt v rY~ j i 1~ 0 1 n i > . 51 `4 d.g rr V'•niS ~ ~ { a'„"~4 Qf 3:, 4 20$ 210 r: 29165, V-.<-'r-'.'~ t; IfL f ' 4x64 ,*207 r7. _ '14 rare ;'S,.y V';'xh :%'1'" i;~ ~cu'„° ' .77. .,V ` 2BAD5 It ~h 1 tu3YeiB ~~.4't. 16` go sA35 e., Q° 1 So s a. r i p INC 37 04 i ` S~,TM r ~6«g9 f 168A75 \ t l - 4~s - +.A kf aril Commuter Rail C'~ ,tia9°tf\"'~• $y~~o.' 8A80 y T Commuter Rail Stations ,0 k,\ uk~ r: ~ rN Vo~ N Commuter Rail 4 a° 27-x35 19J 'Lp~' 3f . . 1rak"° $tt 7.420 1? rte Highways ~-°?4395 sy'~. 1. a - 192-~~':} 'S 1! j 016 p Interstate - a.N Highway 4 '^f` '.'Q". .v 191 1 7:170 4 _ 6'x. 1.67 160' o ° Town Boundary Significant Buildings ~4q ,f r' j` A'p 110-Q .r",~`"' ° z*;i T ~`,ye V - p 40 School Q . Q \ "'t ' ~ t s 194 ?vr° Other Town Building r''• 159 13x3X." El Other $ 7~ t r'^ : l aAao c# la. ,f"~ pyts ! VU ` !$9. 190'.. 1`". \7 9;129' i°I F.,t Buildings ,rr':5$.,. ~.ce 0 Sidewalk la ti.1 S\ 195 ~bJx880 0~° f a Driveway ` r~ /j iaa65 * ' X69 f ti Paved Y 1$3. °~t~ 2°ow , r~ Pr'o ° _ tS~ 6,500 El Unpav ed 43 Na- Pavement tvlarkings C1 '5R40 ~s 13A8 196 r? p, ~Q Parking 1$$ Zti r Fti` 11:090 ''i BA5 A rY Paved 7 1 l°y sa75 ~S° ~ 11 i 0 Unpaved . X84 fti its ` ,"g f 4 .C Roads e {L,,•" ~'.w rr } 10405. ~~a- \ f jr' Bridge 71)71 kl a, f i' 173' C°''f t5~• iO} Qa-l .qj.. cam., ry •''~,•,~d pv °a'~t N p t 57Paved r ice' `s a. ce _ zi,oe'l t ' "~+<jGf~rt:' Unpaved 1$7, 172. 220 Streams Al Stream ` s:- 5x35 9,322 i1 4 4,490 y Zti r c_°ir p _ 1, 07 6~*r 1 N Hydra Connector \ ° f p 14,112. 7, 219 aY`~ I1 Rivers, Ponds, Retention Basin: , 221 tt t 11$6. °p. #4ti ,~t 8,3243 738 84.47 Parcels r ! 5 ru 1,735 Y Pareels with 0rthas ' ° Qeo 14A90 ~1 bJS 2914 Parcels N G'( S~ nt 4 0 Abutting Towns 176 6a; 17.7 237 a r'QF t 10890 1 r a ~3 x4~~ 1 183804 709 178 k'} 15 ~a1 eae0 rah'' 2 The data shown on this site are f 179 ?.y fry ` 9.eoQ L` provided for planning purposes only. tiff 53 - ,i4•,.-. t0A94 1'.~,~ t ''_f---J~'$4$'i°i4538 tja' i- `l~•p flnn Washington Street parking regulations 118 220 ft LEGAL NOTICE TOWN OF READING To the Inhabitants of the Town of Reading: Please take'notice that the Board of Selectmen of the Town of Reading will hold the follow- ing public hearings on traffic issues on Tuesday, January 25, 2011 in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts: • Washington Street Parking !!!Regulqts 8:00 P.M. Grove reet at Strout Avenue Parking Regulations 8:30 p:m. - Temple Street Parking. Regulations .8:45 p.m. A copy of the relevant docu- ments regarding these topics is available in the Town Manage'r's Office, 16 Lowell Street, Reading, MA from 7:30 am-5:30 pm, M-W-Thurs and Tues 7:30 am-7:00 pm and.this document is attached to the hearing notice on the website at www.readingma.g6v All interested parties are invited to attend,. or may submit their comments in writing or by email. prior to 4:00 p.m. on January 25, 2011 to townman- ager@ci.reading.ma.us. By order of Peter I. Hechenbleikner Town N"ager j 1/18 I SL4 Easy Peel® Labels Use Avery® Template 51600 BARREZA PETER P SANDRA M BARRA. 374 GROVE ST READING, MA 01867 YORK GEORGE D ELIZABETH J YORK 408 GROVE ST . , READING, MA 01867 ZANNI CHRISTOPHER A LISA M ZANNI 400 GROVE ST READING, MA 01867 i A Bend along line to Feed Paper expose Pop-up EdgeTM VIGEANT MARY D 386 GROVE ST READING, MA 01867 RUMMEL ROBINSON E FLORENCE G RUMMEL 414 GROVE ST READING, MA 01867 BECKLEY MARK DIANA RHUDICK 410 GROVE ST READING, MA 01867 Etiquettes fadles a peter ® R4A a la hachure afin de Utilisez le gabarit AVERYO 51600 Sens de charyement r6v6ler le rebord Pop-upl^c ~ J © AVERY 5160 A ROCHE WILLIAM K KAREN M ROCHE 392 GROVE ST READING, MA 01867 ZANNI GREGORY S LINDA J ZANNI 15 FAMILY CIR READING, MA 01867 SIDELINKER LESLIE T CHERYL A SIDELRgKER 409 GROVE ST READING, MA 01867 www.avery.com 1-80060-AVERY i TOWN OF READING Voted: The Traffic Rules and Regulations adopted by the Board of Selectmen on March 29, 1995, for the Town of Reading, are hereby amended by adding to Appendix A-1 (No Parking Any Time, List) the following: "5.3 Prohibited on Certain.Streets. Upon the streets or highways or parts thereof as listed in Appendix A-1, parking is hereby prohibited. . Street Location Grove Street Fifty feet an either direction from 5.3, Parking Strout Avenue along the northerly Prohibited on Certain side of Grove Street. Streets DATE OF PASSAGE SELECTMEN'S SIGNATURES TOWN CLERK OF READING TOWN CORPORATE SEAL 45 Town of Reading CONSERVATION COMMISSION Phone (781) 942-6616 16 Lowell Street Fax (781) 942-9071 Reading, MA 01867-2683 ffink@ci.reading.Ma.us MEMORANDUM To: Board of Selectmen From: Conservation Commission Date: December 6, 2010 Re:. Grove Street at Strout Avenue The Conservation Commission was made aware that the Selectmen's agenda for November 30th included a review of parking problems at the intersection of Grove Street and Strout Avenue. The Conservation Administrator sent comments to the Town Manager before the meeting., The Commission discussed this area during their meeting on December 1St. We do not know what action the Selectmen might have taken on November 30th, but would like to raise the following concerns for your consideration at this time; • The northern shoulder of Grove Street is in poor condition. Frequent parking has damaged vegetation and left tire ruts. There is no curbing or catch basin to control runoff, and several erosion gullies have formed adjacent to the low spots in the paved roadway. • Within a few feet of the paved roadway, there is a large vernal pool that provides critical breeding habitat for several species of frogs and salamanders, including at least one endangered species. • The sediments from the eroding shoulders and the contaminants that wash off the roadway surface are being conveyed directly into the vernal pool. • The paved surface and shoulders of Strout Avenue are also in poor condition near the same vernal pool, and also convey contaminants into the pool. The Commission would suggest that the Selectmen consider prohibiting parking along the northern side of Grove Street near Strout Avenue. The southern side of the street is unusually wide and provides room to park a number of vehicles. If the pavement were striped and signs were posted, this would help to direct people to park in the preferred area. The Commission would also request that the Selectmen and DPW develop plans to stabilize the disturbed areas along both roadways, and to improve stormwater management systems. The Commission would be happy to meet with both groups to consider possible design solutions. Thank you. 46 ~b~ 27 26 ELI 409 ` 414 URol~ j 7* 8 i 1 i t E sr w 400 GR f f U { 13 ff-h U-; . r .5 The data shown on this site are provided for planning purposes only Commuter Rail T Commuter Rail Stations /V Commuter Rail Highways Interstate Highway .PV Town Boundary Significant Buildings E2 School 0 Other Town Building E9 Other Historic Properties 'Building T Cemetery IMM Historic Site o Marker i...,l Buildings Sidewalk Driveway Paved Unpaved Roads (9 Bridge Paved E3 Unpaved Streams t'y Stream Hydro Connector ES Riv ers, Ponds, Retention Parcels . Parcels with Orthos /V Parcels = Abutting Towns - 1,30 260 ft Grove Street - ParKing at titrout Avenue. LEGAL NOTICE TOWN OF READING To the Inhabitants of the Town of Reading: Please take'notice that the Board of Selectmen of the Town of Reading will hold the follow- ing public hearings on traffic.' issues on Tuesday, January 25, 2011 in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts: • Washington Street Parking Regulations 8:00 P.M. • Grove Street at Strout Avenue Parking Regulations 8:30 p.m. pie Street Parking . Regulations 8:45 p.m: A copy -of the relevant docu- ments regarding these topics is available in the Town Manager's Offce, 16 Lowell Street, 'Reading, MA from 7:30 am-5:30 pm, M-W,Thurs and Tues 7:30 am-7:00 pm and.this document is attached to the hearing notice on the website at www.readingma.gov All interested parties are invited to attend,. or may submit their comments in writing or by email prior to 4:00 p.m. on January 25, 2011 to townman- ager@ci.reading.ma.us. By order of Peter I. Hechenbleikner Town Hager 1118 s0 Easy Peel@ Labels Use Avery@ Template 51600 GIBSON WILLIAM G CONSTANCE A GIBSON 38 TEMPLE ST READING, MA 01867 FLYNN JOANNE 315 WASHINGTON ST WINCHESTER, MA 01890 CARLSON ERIC C SUZANNE S DAUPHINAIS 97 WAKEFIELD ST READING, MA 01867 FOX W DOUGLAS MARY KAY FOX 58 TEMPLE ST READING, MA 01867 ALLEN THOMAS P HOLLY A ALLEN 177 WOBURN ST READING, M.A. 01867 WARNER MARK L LISA O WARNER 7 TEMPLE ST READING, MA 01867 ALPEDO JOSEPH A 22 TEMPLE ST READING, MA 01867 WARD ANNE M 33 TEMPLE ST READING, MA 01867 MARTYNIAK JOSEPH MARILYN MARTYNIAK 51 TEMPLE ST READING, MA 01867 BROWN TONY J LISA RINALDI BROWN 65 TEMPLE ST READING, MA 01867 Etiquettes faciles a peter Utilises le gabarit AVERY@ 51600 i A Bend along line to I Feed Paper expose Pop-up Edge= ~ WILLIAMS JOHN E JR. WILLIAMS MARY M 44 TEMPLE ST READING, MA 01867 SMITH MARTHA L BARBARA. M BERGER 54 TEMPLE ST READING, MA 01867 BLAKE JOHN G SUSAN M BLAKE 210 SUMMER AVE READING, MA 01867 WEBER THOMAS L SARAH E WEBER 16 TEMPLE ST READJNG, M.A. 01867 FOX ELIZABETH B 58 TEMPLE ST APT #1 READING, MA 01867 AUSTIN GERALD K 10 TEMPLE STREET READING, MA 01867 CONEENEY KATHLEEN (L. E.) LIPPITT PATRICIA A CONEENEY MARY F ETAL 11 TEMPLE STREET 13 TEMPLE STREET READING, MA 01867 READING, M.A. 01867 WALDMAN DAVID. M SHERRY WALDMAN 171 WOBURN ST READING, MA 01867 GORIANSKY JAN L 36 TEMPLE ST READING, M.A. 01867 PIERSON REBECCA L TODD L PETRIN 37 TEMPLE ST READING, MA 01867 MCLAUGHLIN TIMOTHY M JANET M SORTOR 55 TEMPLE STREET READING, MA 01867 SARDONE JOANNE MARY ANN SARDONE 69 TEMPLE ST READING, MA 01867 A de ReAil a la hachure afin de Sens dent r6v6ler le rebord Pop-upmc A RY® 51600 TOOMEY ANN C JANE E WHITE 46 TEMPLE ST READING, MA 01867 BOLLS EDWARD LINDA M H BOLLE .66 TEMPLE ST READING, MA 018.67 SULLIVAN WILLIAM H MARY E SULLIVAN 18 TEMPLE ST READING, MA 01867 CUN MINGS DANIEL E SHARON M CU N41NGS 25 TEMPLE ST READING, M.A. 01867 TOWN OF READING W.S. PARKER MIDDLE SCHOOL 45 TEMPLE ST READING, MA 01867 CARR HOWARD C ETAL TRS 61 TEMPLE STREET NOMINEE 18 CHESTNUT RD READING, MA 01867 BRADLEE E GARDNER TIFFANY BRADLEE 198 SUMMER AVENUE READING, MA 01867 b www.avery.com ; 1-800-GO-AVERY ROPPLE AMY E 19 TEMPLE ST READING, MA 01867 KENNEDY DIANNE P 15 TEMPLE ST READING, MA 01867 Etiquettes faciles a peter ; ® Repliez a la hachure afin de Sens de rev6ler le rebord Pop-upml: i Utilisez le gabarit AVERY@ 51600 chargement J 50 HYNES ANNE M TRUSTEE ANNE M HYNES 2004 TRUST 23 TEMPLE ST READING, MA 01867 www.averycom 1-800-GO-AVERY '-5blt 1 PA~RKER~'IUI~IID~DL.E. SOHO L % f t ! 343 M1~yJ. t-'. ! {rte "f ~ r-"~ . ,j.. ~ i 1 A~ 335 340 ,zt $36 Commuter Rail _ 5 3 \ 337 T: Commuter Rail Stations 295 'l f c \ e s A( Commuter Rail 333' 342 L4 Highways Interstate r p y a '3M Highway 201 oV. Town Boundary \ 4 ~ 332 287•' , rx.5 334"~' J202 Significant Buildings ED School 197. 10 Other Town Building AIR,- 203 288 y yh~ti' t~ 123 ether Buildings 2$3.- 124 0 Sidewalk % 19$ (1. Driveway 3Q3}` 204Paved 29Q D Unpaved 220 126 '~\t1 t i4 Sports Facilities s {3> t, t = \ t 200 ` a Nw ED Golf fQ Field 1 Baseball g r 22~ 129 '~O Tennis 223 nt® Basketball Parking 222 0 Paved 128 r! 1 IZI Unpav ed ` ti. ,.:s '1 ~ ' ` Roads r 1 , °i \ vt.1 IMI Bridge 224 27 \ l ,~.Q. rf tC4 `thy Paved 1 ro - ' El Unpaved Streams 4 ` 227 t Al' ~tAl Stream &I 228a ~ Hydro Connector .130 \i• Rivers, Ponds, Retention Basins Ak~ EE Ina-, o~" A Parcels kN. tt W v° 131 Pa rcelswith 0rthos 225 4 Parcels Abutting Towns Z 3 ¢ 139 r A, y ~ a " O Q~ ~,,IC7 ti A' t/ The data shown on this site are \N ! r4 V i 132 1 f provided for planning purposes only. 133 0 130 260 ft Temple Street Parki.., . 6SS~1Yf04Q~R Cri N Economic Development Committee (EDC) Update 25 Janu y - o'- P19: l4CDRP6P! EDC Overview tt t3= ~ ~x~rt p 1Rk~ 69xt ^ ~ t 7. ~•OFRO - S. e =77- 'I-Nc ORP~Rr EDC -1 Highlights • Spearheaded the effort to revise the sign-by law existing businesses Successfully delivered the second annual FS ~IFN o,- OFR c P'~O~ tYCORe~ T' Retaining Economic Vitality 0 New Business Cn Cn - Sam's Bistro - 107 Main Street ' - Elite Free Style Karate -13 49 . Main Street - Reading House of Pizza -1321 Main Street - Encore Consignments - 151 Ash Street - O'Yes - 26 Walkers Brook Drive - Grumpy Doyle's - 530 Main Street - Sammy Jo's Italian Bakery - Two Haven Street OFR~O ~ O i ~S9~tVf0RPOt`~ _ Sustaining Economi-c'Vitality Passport to Doing Business in Reading Just a beginning will evolve Mailing to developers and commercial real estate companies Economic Development Summit - List top three (James to add from Summit notes) • Create shared Economic Development Vision - All B/C/C and Town Administration - Goals E®C.lia.ison observations cn - Strengthen Development Review Team (DRT) business takeaway. (tools) - Strengthen inter-department communication Encourage and educate businesses to start at Town Hall and keep posted of new developments • Board of selectmen liaison - Review Economic Development Activity bi-weekly updating BOS and public • Establish and create long term partnerships - Businesses, staff, BCC OFREq iYCORYo Business Recruitment and Retention • Reading Fall Street Faire, Anchor of EDCs chartered commitment to Downtown vitality • Business improvement programs - Wayfinding /branding - Store-front improvement Outbound marketing (Michelle Ferullo) • Businesses helping other businesses oFRFga~~ j? 3 sJS~tNCORQ~¢ f [ l h 2 <c a lag tM f Ar~~ .art { - r oln Ong l r ~I a ',t^ Downtown Improvement Event Trust (DIET) - Completed garland project in the downtown - Proj ect plans/ideas for 2010-11 created - Healthy balance in DIET • Work with Town to create excellence in business customer relationships and economic vitality in the Downtown ~/C, Qas CO VIMONWEALT1-? OF 1'1ASSACRUSE'I"I'S =1; LAND COURT ' DEPARTMENT OF Tm TRIAL. COURT Land Court Suffolk County Courthouse 3 Pemberton Square, Room 507 Boston, MA 02108 617-788-7470 617-788-8951 December 23,, 2010 James R Sctuor, Esq. Richard O'Neill, Jr., Esq. Park Place East O'Neill & Associates 3.48 Park Street, Suite 207 2500 Main Street, Suite 112 North.Reading, MA 01864 Tewksbury, MA 01876 Ellen Callahan Doucette, Esq. Brackett & Lucas .19 Cedar Street Worcester, MA 01609 RE: 09 MISC 405859 (CHP) Schalten y. Reading ZBA NOTICE OF DOCKET' ENTRY Notice is hereby given that the following docket entry has been made-in the above- captioned matter: December 16,2010: "Supplemental Heating Held on Cross Motians for Summary Judgment. Attorneys O'Neill and Senior Appeared. Despite Notice and an Opportunity to be Beard, Counsel for Municipal Defendants Did Not Appear. Alter Hearing, for the Reasons Laid Upon the Rccord from the Bench, Pursuant to Mass. R. Civ. P. 56, Giving Every Reasonable Inference to the ['arty Opposing Summary Judgment, Based on the Summary Judgment Record, the Court GRANTED the Motion of Plaintif!'Scholten, Ruling that: (1) the Subject Lot, Created in 2007 by Recording a Plan Under G. L. c. 41, s. 81 L., Lying ill Reading's R-20 District, Does Not Predate the Enactment of the Current Lot Size Requirements. (2) Section 6.3.11.1 of the Reading Zoning By-Latin Does Not Authorize Expansion of a Structure on an Under-Sized Lot by Issuance of a' Building Permit; that Section By Its Plain. Language Applies Only to "stru,ctrn-es... which [are] nonconforming with respect to a minimum setback," and Is Limited in Scope to Allow Such Structures to be Enlarged or Expahded "in any.otlier direction in compliance with this By-Law, by the issuunce of a building permit," Signifying that Relief Available Under this Section by 1ssuanco of Building 60 q0,0\ Permit is Limited to Setback Deficiencies and Does Not Address Lot Size Shortcomings. (3) Feet that Locus, In Addition to Lacking Sufficient Lot Size,. Also Invades One or More Minimum Setbacks, Does Not Entitle Locus to Greater Protections (Under Either Section 6 of G.L. e. 40A, or Reading Zoning By-Law) than Undersized Lot That Complies With All Setbacks; Carter's Axgurnent Would Make Lots Violating Setbacks Subject to Far Less Lot Size Regulation that Lots' Not Violating Setbacks. (4) Court Does Not Reach Question Whether Proposed. Project o.ii Locus Falls Within Definition of "Reconstruction" Under G.L. e. 40A, s. 6, or Constitutes Demolition and Building Anew. (5) Defendant Zoning Board Erred When Upholding Building Inspector's Issuance of a Building Pennnit that Allowed Reconstruction of Structure on Undersized Lot Based Only on Building Permit Issuance and There Being a Finding by the Board that Project is Not Substantially More Detrimental to Neighborhood, or Without Grant of a Variance, Neither of Which Requests for Relief Were Sought, Obtained, or Before the Court to Consider. Judgment to Enter Annulling Decision of Board and Directing Board to Instruct Building Inspector to Revoke Bu.ildia'ig .Pernnit. To be Without Prejudice to Defendant Carter Seeking Additional Zomrig Relief. Plaintiff to File and Serve Proposed Form of Judgment.*" (Piper, J.) Very truly yours, Liz Missett 617=788-7442 elizabeth.missett a,lucl.state.ma.us 61 COitIMONWE ALTH. OF MASSACHUSEJf'TS Middlesex, ss. Land Court Docket No. 09 MISC-405859-JCC Jason P. Scholtcn vs. Paul Dustin, Robert A. Redfern, John A. Jarema, John Miles, Clark W. Petschek, Peter Tedesco, as they constitute the Board of Appeals of the Town of Reading and Sandra M. Carter ;i:**a::;::l:***r:*:; :;::r•** :r.**:k:3=-1:**:;: Ju.dgmept This cause came on for hearing before the Court, Piper, J. presiding, upon Defendant Sandra M. Carter's Motion for Summary Judgment Pursuant to Mass. R. Civ. P. 56 and Plaintiff s Cross Motion for Sununary Judgment Pursuant to Mass. R. Civ, P. 56. The parties having been heard, and the Court having considered the pleadings and affidavits, found that there is no genuine issue of material fact and that the Plaintiff, Jason P. Scholten, is entitled to.a judgment as a matter of law. It is Ordered and Adjudged; That the Decision of the Zoning Board of Appeals of the Town of Reading filed with the Reading Town Clerk on June 18, 2009, is annulled. The matter is remanded to the Town of Reading Board of Appeals with instruction that tlzc Board of Appeals is to order the Commissioner of Buildings to revoke building permit 108802, which was the subject of the above Decision. This judgment is without prejudice to the plaintiff's seeking other relief from the Board of Appeals, not inconsistent with this judgment. Dated at Boston, Massachusetts this . ' day of , 201 , Recorder 62 BRACKETT & LUCAS COMSELORS AT LAW 19 CEDAR STRFFT WORCESTER, MASSACHUSI3178 01009 508-799-9739 Pax 508-799-9799 ELLEN CALLAVIAN DOUCETFE ecdoucette@brkkeUIucas. corn December 30, 2010 Ilia Electronic tllail Only Zoning Board of Appeals Town Hal I 16 Lowell Street Reading, MA 01867 Re: Scholten v. ZBA and Sandra Carter No. 08 MISC 377078 (ZBA Case No. 08-01) and No. 09 MISC 405859 (ZBA Case Nos. 08-02 and Decision After Remand 09-08) Gentlemen: This memorandum. shall serve to update the Board regarding the above-referenced litigation involving the property located at 355 Fra»lclin Street, Reading. You will recall that the property was initially the location of two dwellings, and was subdivided pursuant to the filing of an ANR plan in accordance with M.G.L. c.41, §81L to allow the dwellings to be located upon separate lots. In Case No. 08-01, the Board granted a special permit pursuant to Section 6.3.17 (of the prior Zoning Bylaw) to allow for the demolition and reconstruction of a one- Family dwelling. On the plaintiff's motion for sunnuaryiUdgtment, the Land Court (Piper, .l.) disagreed with. the Board's application of Section 6.3.17 specifically ruling "as a matter of law that Section 6.3.17 of the Zoning Bylaws applies only when the prior use of the site involved was by special peinuit". The matter was remanded back to the Board with direction to consider whether or not either Section 6.3.10 or Section. 6.3.1 1 was applicable to the voluntary demolition and reconstruction of the dwelling, The .Board's determination was that only Section 63.17 would apply to. reconstruction after demolition. The property owner was allowed to file an Answer with the Court alleging to be aggrieved by the Board's decision after remand. '['his matter is still pending. In Case No. 08-02, the Board upheld the Building .Inspector's issuance of a building.pern-ilt pursuant to Section 6.3.11.1 of the Zoning Bylaw for one of the lots to 63 hermit the exl)ansion of the nonconfonn.ing single family dwelling. Section 6.3.11.1 provided that "[a}n existing nonconforming one-family or two-family dwelling or structures accessory thereto which is n.anconfot7ning with, -Mect to _a n...i,nimum. setback, may be enlarged or extended in any other direction in compliance with this ByLaw, b y the issuance of a building permit." On cross-motions for summary judgment the Land Court (Piper, .l) ruled that Section 6.3.11.1 only applies if the one-family dwelling is nonconforming only as to one minimum setback requirement, and does not apply to undersized lots or where there are multiple setback nonconforinitics. At the Court's request, a proposed Order was submitted, a copy of which is attached hereto together with the Court's Docket Entry. Although the Court has neither signed nor entered said Order, the result will be that the matter will be remanded to the Board, and the Board will be ordered to order the Building Inspector to revoke the building permit. On a separate matter, and for the consideration of all, 1 wish to add a comnen.t to clarify and explain the portion of the Docket Entry which notes that despite notice and an opportunity to be heard, counsel for the municipal defendant did not appear. As the Board may or may not know, where the Town or one of its boards, corninittees or commissions is not a stakeholder in a litigation matter, as here where the appeal is tiled by abutters cliallenging relief granted to a property owner, this office monitors the litigation process, but does not actively participate therein. Correspondence is sent to the Court, as was done in this case, requesting that the Court consider the Board of Appeals as a nominal party. hi that way, the Town. does not incur unnecessary legal expenses. This is common practice for `Gown Counsel, and the Town Manager is aware, and supportive of the practice. In this case, I also inade a call to the Sessions Clerk to inquire if my presence was necessary at the summary judgment hearing, and was told that it was not. Further advice will be provided upon receipt of the executed Order. In the interim, please don't hesitate to contact me if you have any questions. Very truly yours, Ellen Callahan Doucette Encl.. cc: Peter 1. I-i.echenble.ikner, Town Manager (via. email) Jean J. Delios Community Services Director/Town Planner (via email) 2. 64 MAssDEVELOPMENT ,160 Federal Street January 7, 2011 Boston, Massachusetts Board of Alderman 02110 Town of Reading 16 Lowell Street Tel: 617-330-2000 Reading, MA 01868 800-445-8030 Dear Members of the Board: Fax: 617- 330-2001 C / CQ°s c. B=~ N 0 V a> W O N The Massachusetts Development Finance Agency will be considering final approval to a revenue www.massdevelopmentcom bond project to be' financed on behalf of Hallmark Health System. Inc located in Melrose, Medford, Malden, Stoneham, Somerville, Reading, Saugus, Revere, Woburn to be issued pursuant to Chapter 23G and 40D of the General Laws. A summary of the project is attached for your information., The Agency's policy is to advise the appropriate local and regional planning agencies to ascertain the relationship of a proposed project to any existing state, local or regional comprehensive plan. The purpose of this letter is to notify you of the project and to request that you advise in the event that the proposed project conflicts with an existing local or regional comprehensive plan. If you would like further information on the project, or if you would like the Agency to consider any comments you may have, please give me a call. DEVAL PATRICK Sincerely, Governor ;t TIMOTHY P. MURRAY Lieutenant Governor Steve J. Chilton Senior Vice President GREGORY P. BIALECKI Chairman "Enclosure: Silmmgy ROBERT L. CULVER President/CEO cc: Edwards Angell Palmer & Dodge LLP 111 Huntington Avenue Boston, MA 02200 Attn: John Thomas, Esq. SJC/jk 65 P <~I 09 Printed on paper manufactured in Massachusetts Meeting Date: January 13, 2011 HALLMARK HEALTH SYSTEM, INC. REQUEST: To assist the applicant in financing a non-profit project, approval of the proposed project for a MassDevelopment 501(c)(3) Tax Exempt Lease issue. is requested. BORROWER: Borrower: Users Hallmark Health System, Inc. Same 170 Governors Avenue Medford, MA 02155 Hallmark Health Corporation is the parent of Hallmark Health System, Inc.; affiliated organizations include Hallmark Health Management Corporation, Hallmark Health Medical Associates, Inc., Hallmark Health Visiting Nurse Association & Hospice, Inc., LM Long-Term Care Services, Inc., North Suburban Long-Term Care, Inc., Savin Long-Term Care Corporation, Hallmark Health Properties, Inc., Hallmark Health Services, Inc. and Hallmark Health Indemnity Professional Services, Ltd. PROJECT Melrose-Wakefield Hospital, 58 Lebanon St., Melrose, MA 02176 and LOCATION: Lawrence Memorial Hospital, 170 Governors Ave., Medford, MA 02155, as well as satellite locations at: 8 Porter St., 18-24 Porter St., 61/63/65 Rowe St., 50 Rowe St., 775 Main St., and 830 Main St., Melrose, MA 02176; 101 Main St., Medford, MA 02155; 178 Savin St., 109 Commercial St., 239 Commercial St., and 578 Main St., Malden, MA 02148; 41 Montvale, Ave., 48 Montvale Ave., and 3 Woodland Rd., Stoneham, MA 02180; 30 New Crossings Rd., Reading, MA 01867; 400 Unicorn Park Dr., Woburn, MA 01801; 645 Broadway, Somerville, MA 02144; 480 Lincoln Ave., Saugus, MA 01906; and 425 Revere St., Revere, MA 02151. PROJECT: Proposed is the acquisition of various medical, surgical, patient monitoring, HVAC and computer equipment, furnishings and fixtures, and related renovations and costs of issuance. GUIDELINE ISSUES: None SOURCES & USES: Sources: Total $15,000,000 Uses: Total $15,000,000 BOND AMOUNT: $15,000,000 EMPLOYMENT: Current employment at project site: 2,100 Total employment in state: 2,100 Projected new employment at project site: 0 \\massdevelopment.com\TndfalBosCommon\Public Record\2011\Hallmark Health (OA&FA).doc 66 INSTITUTION: Founded in 1997, Hallmark Health System, Inc. is a community- based, nonprofit healthcare system serving Boston's northern suburbs. The system includes Lawrence Memorial Hospital of Medford and Melrose-Wakefield Hospital, as well as a many other. healthcare facilities, services and programs. PUBLIC PURPOSE The proceeds of the lease will permit Hallmark Health System, Inc. to BENEFIT: provide state-of-the-art care and reduce healthcare costs. PRINCIPALS: Michael V. Sack Donna West BOARD ACTION: Approve the resolution authorizing Official Action and Final Approval for a MassDevelopment 501(c)(3) Tax-Exempt Lease. \\massdevelopment.com\mdfa\BosCommon\Public Record\2011\Hallmark Health (OA&FA).doc 67 01~ 3 dcr Massachusetts Adnilk January 13, 2011 Mr. Peter Hechenbleikner, Town Manager Town Hall 16 Lowell Street Reading, MA 01867 Dear Mr. Hechenbleikner, C 8,-, 1 As the Massachusetts Department of Conservation and Recreation (DCR) concludes the Ipswich River Targeted Watershed Grant, a six-year demonstration and research project funded by the U.S. Environmental Protection Agency, I wanted to take this opportunity to personally thank the Town of Reading for its contribution to this exciting project. Funding from the grant was used to implement and evaluate nine demonstration projects that showcase low-impact development (LID) and water conservation strategies, specifically designed to address the severe low-flow conditions in the Ipswich River and its tributaries. The town of Reading provided a wide range of technical and administrative support and data for both the Weather-Based Irrigation Controllers and the Water Conservation for Homeowners demonstrations. Staff members in Reading's Water Department were instrumental in helping DCR identify candidate sites for both the residential and municipal components of the weather-based irrigation demonstration. Water Department personnel were also active participants in the collection and analysis of data for both demonstrations, including compilation of billing data, collection of meter readings at four municipal athletic fields, and participation in the Technical Advisory Committee for the Water Conservation demonstrations. The data from these projects were critical to advancing the scientific understanding of the benefits of these water conservation approaches. DCR would like to acknowledge the following individuals for their time, cooperative spirit, expertise, and responsiveness to the various needs of these demonstration projects: Ted McIntire, Peter Tassi, Michael O'Halloran, Bruce Fenton, and Loretta Beaird. DCR is sincerely grateful to these and other town of Reading staff for their many contributions to these critical components of the Ipswich River Targeted Watershed Grant. Sincerely, John P Acting Commissioner Cc Sara Cohen Ted McIntire Peter Tassi Michael O'Halloran Bruce Fenton Loretta Beaird COMMONWEALTH OF MASSACHUSETTS • EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS Department of Conservation and Recreation Deval L. Patrick Richard K. Sullivan, Jr., Secretary 251 Causeway Street, Suite 600 h Governor Executive Office of Energy & Environmental Affairs Boston MA 02114-2119 617-626-1250 617-626-1351 Fax Timothy P. Murray John P. Murray, Acting Commissioner www.mass,gov/dcr Lt. Governor Department of Conservation & Recreation G 68 DEPARTMENT OF THE ARMY 261th "YANKEE" BRIGADE Camp Curtis-Guild 25 HAVERHILL STREET READING, MA 01867-1999 January 14, 2011 Commander, 26th "Yankee" Brigade Board of Selectmen Town Hall 16 Lowell St. Reading, MA 01867 a3 -a Dear Board Members, I would like to personally extend an invitation to you to attend the deployment ceremony for the 26th "Yankee" Brigade at the Reading Memorial High School, Hawkes Field House 60 Oakland Rd., Reading MA, on February 15, 2011 at 9:00 A.M. The "Yankee" Brigade Headquarters and the 26th Signal Company will deploy to Afghanistan for one year beginning this February. The 300 Soldiers attending this function will board busses, at the conclusion of the ceremony, and depart for their planes at Hanscom Air Force Base. This is an extremely important and emotional event for the Soldiers, their families, and this community. Your presence and support would be greatly appreciated. The 26th "Yankee" Division (YD) has a rich and storied history, and has been based in Massachusetts for nearly 1.00 years. The very highway that passes through Reading, Route 128, was designated and remains today the "Yankee Division. Highway." The YD was the first U.S. Division to reach France in WW I, and was victorious at the Battle of the Bulge serving for General Patton in WW 11. The 26th "Yankee" Brigade has continued this proud tradition of service having previously deployed units to Iraq, Afghanistan, Kosovo, Guantanamo Bay, and Egypt following the attacks on September 11, 2001. Most recently, 1,000 Soldiers from the "Yankee" Brigade have just returned from- Iraq. 1,000 Soldiers are currently serving in Afghanistan and 1,000 Soldiers from the "Yankee" Brigade are scheduled to deploy to Afghanistan this year. Please RSVP by February 4, 2011. The point of contact is MAJ Dana Sanders-Udo at (508) 233-7769. Please contact me directly at (508) 962-0495 if you have any concerns or questions. Thank you once again for. your support for this important event. ~S c>0, 69 Page 1 of 1 G.l G /,3oS Schena, Paula From: Hechenbleikner, Peter Sent: Thursday, January 06, 2011 3:30 PM To: Schena, Paula Subject: FW: Sidewalks for Safe Routes to School. 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.goy, email townmanager@ci.re.ading.ma.us Please let us know how we are doing - fill out our brief customer service survey at http:%/read ingma- survey.virtualtownhal 1.net/survey/sid/8874340d9e2130h7/ From: MaryEllen O'Neill [Mai Ito: maryellenoneill@hotmail.com] Sent: Thursday, January 06, 20112:21 PM To: Reading - Selectmen Cc: Hechenbleikner, Peter Subject: Sidewalks for Safe Routes to School Dear James, Camille, Ben, Rick, and Steve, John and I wanted to express our strong support for the proposed sidewalks along Washington Street and Sunnyside Avenue as part of the Safe Routes to School Program. As advocates for a cleaner environment and more healthy lifestyles for people of all ages, we support the town's efforts to improve opportunities for expanded pedestrian and bicycle access. As a society, and as a town wedged between major vehicular transportation routes, we have seen the.results of our over-reliance on cars and trucks - diminished air quality, congested roads, the climbing rate of obesity, even among the young. In addition, we are residents of the Parker Middle School neighborhood and are continually surprised at the volume of traffic through our neighborhood on school days. The percentage.of these cars that are carrying only one child to school is stunning - and dismaying. We are so lucky to live in a community that has five elementary schools and two middle schools. Not many towns our size, or larger, can claim such attention to neighborhoods from an educational standpoint. Most elementary and middle school students are within walking. distance of their schools, but they don't walk there, they get driven. And many parents who could walk to these schools for special events do not. Its time to take additional steps to encourage students and parents to make the switch from cars to feet. We hope you will vote to support the sidewalks on Washington Street and Sunnyside Avenue and move this grant request for the Safe Routes to School Program forward. Thanks very much, Mary Ellen O'Neill 1/6/2011 70 FW: FOR IMMEDIATE RELEASE: North Reading Town Meeting Moves to June Page 1 of 3' tl e6oS Schena, Paula From: Hechenbleikner, Peter Sent: Tuesday, January 11, 2011 8:59 AM To: Reading Chronicle Cc: Jones, Bradley - Rep. (HOU);' Reading - Selectmen; Schena, Paula Subject: RE: FOR IMMEDIATE RELEASE: North Reading Town Meeting Moves to June Paul We have actually moved Town Meeting to later in the year - it used to be mid April and we had frequent conflicts with the school vacation and the religious holidays. There have been suggestions in the past to move Town meeting even later, but unlike in North Reading, we can do that by bylaw amendment - In North Reading it needed a Charter amendment, and that is why the legislature had to get involved. Personally, in Reading I am not in favor of extending Town Meeting until June. The budget development and approval schedule is long enough as it is. Keep in mind that the legislature usually does not vote thestate budget until very late in June, and the Governor's veto's etc often extend into July. What would make things easier for all communities is for the legislature to vote an "early aid resolution" in February, as they are supposed to do, and that would give the cities and town the ability to plan then on what state aid is going to be. This is the only reason to "align the local. budget calendar to mirror the state fiscal year". The fiscal year for the state and Towns is already the same - July 1 to June 30. . We make the most informed decisions that we can and adjust the budget in November as needed. If we had to, we could just continue Town Meeting to later in the year and vote the budget later, but we have not found that to be necessary so far. 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.readingmv email townmanager ci.readin .ma us Please let us know how we are doing - fill out our brief customer service survey at http.,//rea.dingma,- sprypy.yirtua ltownhall.net/surv_ey/sid/887434dd9e2130b7/ From: Reading Chronicle [mailto:readingchronicle@comcast.net] Sent: Monday, 3anuary 10, 20113:34 PM To: Hechenbleikner, Peter 1/11/2011 71 qFi FW: FOR IMMEDIATE RELEASE: North Reading Town Meeting Moves to June Page 2 of 3 Subject: FW: FOR IMMEDIATE RELEASE: North Reading Town Meeting Moves to June Hi Peter, I just received this email from Rep. Jones' office. Is this anything Reading has ever, or would ever consider doing, to better align with the state's fiscal year? Paul Feely Reading Chronicle Forwarded Message From: "Lorenz, Peter (HOU)" <Peter.Lorenz@mahouse.gov> Date: Mon, 10 Jan 20112.0:26:51 +0000 Subject: FOR IMMEDIATE RELEASE: North Reading Town Meeting Moves to June -I The Commonwealth of ~44assachusetts ,?Louse of Representatives . State House, Boston, W,4 02133-1054 BRADLEY H. JONES, JR. STATE REPRESENTATIVE MINORITY LEADER 20TH MIDDLESEX DISTRICT READING • NORTH READING LYNNFIELD MIDDLETON ROOM 124 TEL. (617) 722-2100 Rep_8radle dgnes a@hou.sfafe.ma.us www.bradjonesonlinexom FOR IMMEDIATE RELEASE CONTACT: Peter Lorenz January 11, 2011 817-722-2100 North Reading Town Meeting Moves to June Governor Signs Bill Giving the Go Ahead to Date Change BOSTON-A bill allowing the Town of North Reading to move its annual Town Meeting was recently signed into law by the Governor, House Minority Leader Bradley H. Jones, Jr. announced today. The bill, which was offered by Representative Jones and Senate Minority Leader Bruce Tarr, looked to move the annual North Reading Town Meeting from April to June. "I am pleased this bill was passed in such a timely fashion," said Representative Jones. "Town Meeting 1/11/2011 72 qFz FW: FOR IMMEDIATE RELEASE: North Reading Town Meeting Moves to June Page 3 of 3 is an important part of local government and I hope the date change will allow. more people to participate and have their voices heard." "This important change moves North Reading to a much closer alignment with the state fiscal year and budgeting process," said Senator Tarr. "Now decisions can be made with better information about issues such as local aid that heavily impact the town." The date change goes into effect immediately. Peter S. Lorenz Legislative Aide/Deputy Press Secretary Office of the House Minority Leader Representative Bradley H. Jones; Jr. State House, Room 124 Boston, MA 02133 T: (617) 722-2100 F: (617) 722-2390 Peter.Lorenz@MAHouse.gov(Please note new e-mail address) j,' Please Consider the Environment Before Printing this Email End of Forwarded Message C~ e3 1/11/2011 73 Page 1 of 1 L-il G (3 DS Schena, Paula From: Hechenbleikner, Peter Sent: Thursday, January 13, 2011 3:34 PM To: Katie Wheeler Cc: Schena, Paula Subject: RE: sidewalks on Sunnyside Ave Thanks Katie - I will see that your comments go to the Board 'of Selectmen. The Board of Selectmen is planning on a site walk on January 29 at 8 am, weather permitting. 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,reading.ma,-gov . email townmanager.@ci_readin_g.ma.,us Please let us know how we are doing - fill out our brief customer service survey at http-&pad n.gma_- surv_ey,virtualtownhall.net/.survey/sid/887434dd9e2130b7/ From: Katie Wheeler [mailto:kawheeler@verizon.net] Sent: Thursday, January 13, 20112:28 PM To: Town Manager Cc: Katie Wheeler Subject: sidewalks on Sunnyside Ave Hello.Mr. Hechenbleikner I noticed that the Advocate today has a front-page article about the proposed sidewalks on Sunnyside Ave. and that most of the people quoted were opposed to the idea. As a Sunnyside Ave property owner, I want to go on record as being in support of this plan to extend the sidewalk from Echo to Fairview Ave. I have 3 children who attend Joshua Eaton and I am always concerned about their safety on Sunnyside Ave, both when they are walking and when they are biking. Especially in the winter, I am not comfortable with them walking in street on Sunnyside Ave, since people drive rather fast along this street. When they were younger and very impulsive and lacked awareness about traffic issues, having a sidewalk was definitely helpful in keeping them safe walking to and from school. Likewise for learning how to ride a bike, the sidewalks were an asset. Beginner bike riders aren't ready to focus simultaneously on both the physical coordination needed.to stay balanced and to pay attention to cars, so riding on the sidewalk was a good training ground. I am a firm believer that having sidewalks all the way from Prescott to the Melbourne/Riverside/Sunnyside Ave intersection would be an asset to this community. Thank you for taking the initiative to install them and best of luck in gaining the support of local constituents. Katie Wheeler 29 Sunnyside Ave 74 J 1/13/2011 -L)I G- b a S Schena, Paula From: Hechenbleikner, Peter Sent: Thursday, January 13, 2011 3:36 PM To: Erin & Joe Gesmundo Cc: Schena, Paula Subject: RE: Sidewalks on Sunnyside Ave. Thanks Elizabeth - I will see that your comments go to the Board of Selectmen. The Board of Selectmen is planning on a site walk on January 29 at 8 am, weather permitting. 1/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 townmanager@ci.reading.ma.us Please let us know how we are doing - fill out our brief customer service survey at http://readingma-survey.virtualtownhall.net/survey/sid/887434dd9e2l30b7/ Original.Message----- From: Erin & Joe Gesmundo [mailto:.gesmundo@goldshamrock.com] Sent: Thursday, January 13, 2011 2:22 PM To: Town Manager Subject: Sidewalks on Sunnyside Ave. Dear Mr. Hechenbleikner: My husband and I were so sorry that we were unable to attend the Town Hall meeting about the sidewalks on Sunny-side Ave. I heard from a.neighbor that there is an article in the Advocate with mostly negative quotes about the sidewalks. We really want to express our excitement over the potential sidewalks. We are completely in favor of the sidewalks and hope it will all go through. I remember so clearly asking you about sidewalks when they were redoing the road here and how prompt you were at coming.to my door to assess the situation. I am sure that you are the reason this has moved forward to this point'and I really appreciate all of your efforts. We are so fortunate to have you as the Town Manager in Reading. Everything I see you do and hear you speak about shows how much you care about the citizens of this town. I appreciate you using your great management talents for the good of all here in Reading. All the best, Elizabeth (and Joseph) Gesmundo 34 Sunnyside Avenue 1 ~h 75 Page 1 of 2 C do_s Schena, Paula From: Hechenbleikner, Peter Sent: Thursday, January 13, 2011 12:54 PM To: Kathy McCarthy Cc: Schena, Paula Subject: RE: Sidewalks on Sunnyside Ave Thank you David. I will see that the Board of Selectmen get your email. There is a site walk tentatively scheduled for January 29 at 8 am for Washington and Sunnyside. The Board of Selectmen may entertain other discussion after that and they will let all abutters know. Just as you feel sidewalks are important on Walkers Brook Drive (there are already sidewalks on the other side of the street) we need to evaluate sidewalks as a community, and hopefully develop a continuous system of sidewalks. The purpose of the letters asking for input from abutters is to solicit their'opinion, so I don't think that a petition is necessary. It is possible that the Board of Selectmen could approve the project even if abutters are not in favor - the walks will be in the Town right-of-way. 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,gay email townmanagera@ci,.reading.ma,us Please let us know how we are doing - fill out our brief customer service survey at htteadingrna.- survey_virtualtownhall.net/survey/ id 887434dd9e2130b2 From: Kathy McCarthy [mailto:skimill@comcast.net] Sent: Wednesday, January 12, 20119:28 AM To: Town Manager Subject: Sidewalks on Sunnyside Ave Hi Peter, Due to a schedule confict, I was unable to attend the meeting to discuss putting sidewalks on Sunnyside Ave., but I would like to comment that.I think it would take away, from our neighborhood and ruin the look and appeal of our street. There are very few people that walk on our street and those that do (including myself) do so without problems. Therefore, I would like to say that I think it is a waste of State and Federal money for us as a town to spend this on this project. I do think that sidewalks are necessary on Walker Brook Drive between the car dealership near Home Depot and the Wakefield line under the bridge. 76 1/13/2011 1 What.should we do next to stop this project from moving forward? Should I get signatures from people on the street asking the town not to do this? If even if we don't want it is it going to happen anyway? Please advise. Sincerely, . Dave McCarthy 19 Sunnyside Ave. Cell: 781-856-16514 1/13/2011 77 Page 2 of 2 Z SUMMARY SHEET Traffic Study-Ash Street Conducted for 10 Days in 2010 th From Monday Nov 29' until Wednesday Dec Complaint High rates of speed by' commuters and teenagers using both Brook Street and Ash Street as "cut through" shortcuts. Complainant Nancy Pothier 319 Ash Street Reading, Massachusetts Initial Actions Taken Traffic study already conducted on Brook Street, where we found there to be no problem whatsoever. Discussed at Traffic Night and with resident. This is the second part of studying her complaint. Conclusion The 85th Percentile is 6 MPH above what is generally considered to be the threshold. Targeted enforcement between during the morning and afternoon commutes, as well as dinner hours may help resolve this problem. Will be highlighted on the next Directed Patrol Worksheet: L/C Reading Police Dept. . Support Services STATISTICAL FIGURES Speed Limit-30 miles per hour Average Speed=31 miles per hour Fastest Speed-53 miles per hour Total Volume-22,410 vehicles over, 10 days Average Volume-2,241 vehicles per day Speed Percentiles 15th Percentile : 27 MPH 50th Percentile : 32 MPH 85th Percentile : 36 MPH 95th Percentile : 39 MPH Area Map Location of Study Highlighted in Red Message Schena, Paula Page 1 of I L (c* ~C5 From: Michelle Kramer [michellekramer@verizon,net] Sent: Monday, January 10, 2011 10:00 PM To: Hechenbleikner, Peter Cc: Schena, Paula Subject: RE: Sidewalks on Washington and Sunnyside Thank you. Camille Anthony replied to us as well. -----Original Message----- , From: Hechenbleikner, Peter [mailto:phechenbleikner@ci.reading. ma.us] Sent: Monday, January 10, 20119:31 PM To: Michelle Kramer Cc: Paula Schena Subject: Re: Sidewalks on Washington and Sunnyside Thanks Michelle and Steve. I'll make sure that your comments are considered later this month when they further consider the, issue of the proposed sidewalks. Sent from my iPhone Pete On Jan 10, 2011, at 4:32 PM, "Michelle Kramer" <michellekrarner@verizon.net> wrote: Good Day, Our names are Michelle Kramer and Steve Cook of 19 Knollwood Road and we recently read in The Daily Times Chronicle that the town was planning on installing sidewalks on Washington Street and Sunnyside Avenue. These sidewalks would certainly benefit the children walking to school. We were shocked when we read that there was opposition to this plan. We no longer have children attending Parker, our children are now at RMHS so they do not travel to Parker but occasionally walk home from RMHS along those streets. However, we often walk from Knollwood Road, down Summer, through the Sunnyside/Victoria neighborhood out to Prescott Street, and back through Washington Street to Main. When walking along Sunnyside, the sidewalks end and then you must walk along the street. Anytime a pedestrian shares the street with cars it is not safe. If we can improve this, we ask that you make it happen. Our point is that we believe sidewalks bring a value to our individual properties as well as to our town in general. Sidewalks. indicate a community that cares about the safety of all residents. Sidewalks indicate a town that updates their streets and properties. From what we have read, sidewalks also play a role in increasing property values. We know that we would feel safer walking along these streets as would my high schoolers who sometimes walk down High Street and cut through Sunnyside. The streets have some beautiful trees and while we never like to-remove the trees that help clean our air, we would prefer a sidewalk with a smaller newly planted tree then a street with no sidewalk. We believe the beauty of the street will remain with sidewalks and some landscaping. Thank you Michelle Kramer & Steve Cook 781 789-6774 michellekrame.i,@verizon.net 9~ 1/11/2011 79