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Home My WebLink About2011-04-12 Board of Selectmen PacketOF REqo ® Reading f=-; e 16 Lowell Street Reading., A 01867-2685., dg+tHCORQp4 FAX: (781) 942-9071 Email: townmanager@ci.reading.mams TOWN MANAGER Website: www. readingma.gov (781) 942-9043 MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: April 7, 2011 RE: Agenda - April 12, 2011 Ben Tafoya has office hour at 6:30 p.m. Ia) I'm waiting to hear whether Ben will want to be sworn in at the meeting. James will not be present at the meeting and will have been sworn in by then. 3a) This is the annual Telecommunication Week proclamation and I would expect representatives from the Police, Fire and Dispatchers to be present. 5a) Irene Collins and other representatives of the Chamber will be present to explain the proposed By Local Program. They'd like to use the opportunity to be on the Selectmen's meeting to publicize this program. 5b) Bertucci's is changing management for all of their facilities in Massachusetts, and they have paid their fees in a blanket manner to the state. This does not require a public hearing or advertisement. 5c) Bertucci's would like to add additional tables to their outdoor dining area, and this requires Selectmen's approval. Outdoor seats do not count as part of the parking requirements for any facility. 5d) The Board will have a hearing to consider acceptance of Pondview Drive off of Fairchild Road. There is a letter from an abutter that was received on Thursday, and the Engineering Division will be.reviewing this concern. If it is a substantive concern that cannot be addressed prior to- Town Meeting, then staff would recommend tabling this at Town Meeting and considering it in the fall. 5 5e) James Maughan from the Conservation Commission will review with the Board of Selectmen their proposed process for reviewing wetlands bylaws and rules and regulations per the Board of Selectmen's letter which is also attached. 5f) The Board will be reviewing the Annual Town Meeting Warrant and decide whether or not to recommend various articles. Of particular interest to.a number of residents is proposed Article 21 on plowing sidewalks abutting their property. One resident, Mr. Van Magness, has sent over 20 questions/comments and we are collecting the information to be able to address those. If we have this information done on Monday we will send it by email to the Board and have copies at the meeting. PIH/ps 6 Town Manager Fund YEAR EFF DATE SRC REFERENCE AMOUNT VDR NAME/ITEM DESC COMMENTS 2010. 6/30/2010 POE PO ENT/PRF 723.23 ATS ALARM SYSTEMS INC. ALARM 2011 3/10/2011 API W T1137 132.96 DEE A RISLEY IL123117-002-11 2010 5/20/2010 API W T1047 161.73 AVON SUPPLY CO INC MATTERA CABIN 2010 5/20/2010 API W T1047 180.22 AVON SUPPLY CO INC MATTERA CABIN 2010 5/20/2010 API W T1047 458.68 AVON SUPPLY CO INC MATTERA CABIN 2010 5/20/2010 API W T1047 402.71 AVON SUPPLY CO INC MATTERA CABIN 2010 5120/2010 API W T1047 782.83 REXEL CLS MATTERA CABIN 2010 6/24/2010 API W T1052 221.74 MOYNIHAN NORTH READING LU MATTERA CABIN 2010 6/24/2010 API W T1052 9.95 M.OYNIHAN NORTH READING LU MATTERA CABIN 2010 6/24/2010 API W T1052 - 47.96 MOYNIHAN NORTH READING LU MATTERA CABIN 2010 6/24/2010 API W T1052 214.79 REXEL CLS MATTERA CABIN 2010 6/24/2010 API W T1052 160.56 REXEL CLS MATTERA CABIN 2010 6/24/2010 API W T1052 89.72 REXEL CLS MATTERA CABIN 2010 6/24/2010 API W T1052 64.61 REXEL CLS MATTERA CABIN 2010 6/2412010 API W T1052 74.79 REXEL CLS MATTERA CABIN ,-4 2010 6/24/2010 API WT1052 4.98 REXEL CLS MATTERA CABIN 2011 8/19/2010 API W T1108 84.95 MOYNIHAN NORTH READING LU MATTERA CABIN REA135-0002 3,816.41 Conservation Account Reserve Fund Transfer 2010 YEAR EFF DATE SRC REFERENCE AMOUNT VDR NAME/ITEM DESC COMMENTS 2010 6/30/2010 POE PO ENT/PRF 258.77 ATS ALARM SYSTEMS INC ALARM 2010 5/612010 API WT1045 1,878.00 GSG SUPPLY INC BUTERUS LP CONVERSION KIT 2,136.77 Gift Account YEAR EFF DATE SRC REFERENCE AMOUNT VDR NAME/ITEM DESC COMMENTS 2011 3/17/2011 API W T1138 366.77 REXEL CLS MATTERA LOG CABIN 2011 2/17/2011 API W T1134 440.76 HOME DEPOT CREDIT SERVICE 6035322532498866 2011 2/3/2011 API W T1132 1,931.76 HOME DEPOT CREDIT SERVICE 6035322532498882 2011 2/3/2011 API W T1132 13.70 MOYNIHAN LUMBER CO REA135 2011 12/3012010 API W T1127 .1,253.15 HOME DEPOT CREDIT SERVICE 6035322540961640 2011 12/30/2010 API W T1127 312.88 MOYNIHAN LUMBER CO REA135-002 2011 12/30/2010 API W T1127 34.38 MOYNIHAN LUMBER CO REA135-002 2011 12/30/2010 API CRED MEMO -6.95 MOYNIHAN LUMBER CO DISC AMT 2011 12/23/2010 API W T1126 2,268.00 ALBERT F FITZGERALD INC 180410 1 2D 2011 12/9/2010 API W T1124 2011 12/9/2010 API W T1124 2011 1219/2010 API W T1124 2011 12/9/2010 API W T1124 2011 12/9/2010 API W T1124 2011 11/1012010 API W T1120 2011 . 10/28/2010 API W T1118 2011 10/28/2010 API W T1118 2011 10/28/2010 API W T1118 2011 10/28/2010 API W T1118 TOTAL 223.22 MOYNIHAN LUMBER CO REA135 20.54. REXEL CLS LOG CABIN 128.37 REXEL CLS LOG CABIN 207.74 REXEL CLS' LOG CABIN 8.99 REXEL CLS LOG CABIN 42.84 AVON SUPPLY CO INC REA501 7.53 AVON SUPPLY CO INC REA501 252.39 AVON SUPPLY CO INC REA501 284.07 REXEL CLS LOG CABIN 258.56 REXEL CLS LOG CABIN 8,048.70 94,009.88 THE TOWN PAYS APPROXIMATELY $30 PER MONTH FOR A PHNOE LINE THAT IS NEEDED FOR EMERGENCIES AND THE ALARM SYSTEM. 00 n Dear Friend, This September I Ith will mark the ten-year anniversary of the tragic events of 9/11 when the Town of Reading lost Kevin M. McCarthy, a long-time Reading resident and RMHS graduate from the Class of 1978. A fundraising effort is now underway to establish a memorial site to be located near the front entrance of Reading Memorial High School. This memorial will include a nicely landscaped area with granite benches, some plantings, and a monument with plaques to remember Kevin and to honor all those who perished on 9/11. It will be dedicated on Sunday, September 11, 2011. For those who knew him, Kevin had an engaging personality, a great sense of humor and enthusiasm for life. His entrepreneurial spirit and sense of adventure were well documented. After graduating from RMHS, Kevin ran his own livery business for eight years and served in the National Guard for six years while also attending college. He was an avid fisherman and loved Cape Cod where he vacationed with family. He was a stay-at-home dad with newborn twins while residing in California and after moving to Connecticut, reinvented himself as a bond broker for Cantor Fitzgerald in New York City. Kevin was on the 104th floor of the North Tower at the World Trade Center on 9/1.1 leaving his wife Debra and three children, Chelsea, Andrew, and Stephanie. No other event has had more affect on our children's lives than those that occurred on 9/11. It is our hope that this memorial will serve to remind all those who pass through Reading Memorial High School that as proud Americans, we respect and embrace our freedoms, have always sacrificed for our freedoms, and honor those whose lives were taken on 9/11 because of those freedoms. All donations for this memorial would be warmly received and are tax-deductible. If you would like to donate via PayPal, please click on the link below. Donations can also be made through the Reading Public Schools website by visiting www.edline.net/pages/readingpublicschools and follow- ing the link under "news" If you would prefer to mail a check, please make it payable to: Kevin McCarthy RMHS 9/11 Memorial Fund c/o Reading Cooperative Bank 180 Haven Street Reading, MA 01867 '11iank you in advance for helping to make this memorial possible. It will benefit all students who pass through RMHS, serve as a place of reflection for the community, and honor Kevin and all those who lost their- lives on 9/11. We hope you can join us for the dedication of this memorial on September 11, 2011. F- Respectfully yours, Mark Dwyer RMHS Class of 1979 Fundraising Chairman Kevin M. McCarthy RMHS Class of 1978 x S?4j I1r__ 3 OFF2~gbf~4~ Town of Reading 16 Lowell Street 1NCC1R~'~¢e Reading, NIA 01867 CONTRIBUTORY RETIREMENT BOARD Ph: (781) 942-9007 Fx: (791),942-9037 Joseph R. Veno, Chairman Gail LaPointe Richard P. Foley March 3 0, 2011 Alan Foulds Reading Town Moderator 9 Ide Street Reading, MA 01867 Francis P. Driscoll Thomas A. Clough Colleen Loughlin, Ret Admin Re: Rescheduled meeting for COLA vote Dear Alan, Please be advised that the Reading Retirement Board is meeting on May 24, 2011, and will vote on a cost of living increase for our retirees for fiscal year 2012. According to the provisions of Chapter 127 of the Acts of 1999, the Reading Retirement Board must annually notify the proper legislative body 30 days before a publicly posted meeting where the Reading Retirement Board decides whether to elect to grant an increased COLA. Please call me at (781) 942-9007 if you have any questions. Sincerely, / Colleen Loughlin Retirement Board Administrator cc: Peter Hechenbleikner Town Manager 10 P'J Improvements and Acceptance of Causeway Road Reading, Massachusetts ^ . y~}z Proiect Location and Limits Causeway Road is located in the northwesterly part of Reading adjacent to the Reading Wilmington Town Line. The roadway runs in a north south direction, paralleling Rte. 93 starting at its intersection with Lowell Street (Rte. 129) and terminating at a cul-de-sac a distance of approximately 1400 linear feet. The limit of the project will involve roadway improvements for the entire length of the roadway. Project History ➢ Causeway Road originally was a 10 wide gravel roadway serving 3-5 residential properties ➢ A private roadway layout proximately 940 feet in length was established in 1941 ➢ Commonwealth of Massachusetts acquired several parcels in 1957 o Takings for 1-93 corridor o Established a public way for the first 480 linear feet of Causeway Road o Constructed the MassDOT maintenance facility ➢ Subdivision extended the private way approximately 1000 feet in 1960 ➢ Current length of Causeway Road is approximately 1400 linear feet o. Public roadway portion is 480 feet in length - created by MassDOT ® 3 parcels have frontage on the public roadway • State - 52.5% of frontage • Town of Reading -13.5% of frontage • Austin'preparatory School _ 34.3% o Private roadway portion is 1,000 feet in length ■ 16 parcels have frontage on the roadway • Private residences - 68.6% of frontage • Town of Reading & Reading Municipal Light - 31.4% of frontage ➢ Residents expressed concerns regarding maintenance of roadway and lack of drainage in summer 2009 and in previous years ➢ Following several neighborhood. meetings, residents formally requested Town to accept roadway in April 2010 ➢ Selectman approved the establishment of Causeway Road as a public roadway through takings and assessment of betterments for improvements o The cost of constructing the improvements is borne 100% by the abutting property owners on a. pro rata per front foot basis. Roadway Improvement Costs Total Project Cost Public Portion ➢ Total Project Cost Private Portion ➢ Total Project Cost (Public Private Portions)$ 68,835.00 $239,610 :00 $ 308,445.00 IG-<"- 11 a p L7 L1 t V %If CAUSEWAY y-y'. U F Public „ Private En Q N A v' L] 0 00 Legend Town Boundary Buildings Parcels Road Private Section of Causeway Road UAL) 12 Map by Town of Reading Map date: 4/5111 Parcel ownership as of 1/1/10. Building footprints, driveways, parking and roads from aerial photos taken 4/08. 0 40 80. 160 240 -77Feet 1 inch = 200 feet PROCLAMATION w W Public Safe Telecommunications Week Whereas: Emergencies can occur at any time that require police, fire or emergency medical services; and Whereas: When an emergency occurs, the prompt response of Police Officers, Fire Fighters and paramedics is critical to the protection of life and preservation of property; and Whereas: The safety of our Police Officers and Fire Fighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Reading Police-Fire Communications Center; and Whereas: Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services; and Whereas: Public Safety Dispatchers are the single vital link for our Police Officers and Fire Fighters by monitoring their activities by radio, providing them information and insuring their safety; and Whereas: Public Safety Dispatchers of the Reading Police Department have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients; and Whereas: Each Dispatcher has exhibited compassion, understanding and professionalism during the performance of their job in the past year. Now, therefore, we, the Board of Selectmen of the Town of Reading, Massachusetts do hereby proclaim the week of April 10 -16, 2011 as Public Safety Telecommunications Week in Reading in honor of the men and women whose diligence and professionalism keep our Town and citizens safe. THE BOARD OF SELECTMEN James E. Bonazoli, Chairman Camille Anthony, Vice Chairman Richard W. Schubert, Secretary Stephen A. Goldy Ben Tafoya o~~r, Rea P}yFA 1 4~ Reading-North Reading Chamber of Commerce CAS' or of Buy Local Campaign and Guide Names 2011 Objectives: Promote buying locally to. Reading and North Reading consumers. Increase Chamber membership. Q>o5 yl)2 Tactics: Use low-cost-to-Chamber methods to reach consumers such as a business directory, web site, door sticker, buy local weekends with co-op advertising. Campaign rolled out in phases throughout the year. Guide: Business Directory mailed to every household in Reading and North Reading with important "call to action" messages in the directory about the importance of buying locally and how, it supports the community. Name directory appropriately to promote local buying to consumers. Use member photos on front cover to draw members into supporting the directory and buying profiles/ads. Directory funded by advertising. Web site & Publications: Carry messages into web site and other Chamber publications. Cost already built into annual working budget. Door Sticker: Create and distribute adhesive door signs with key "call to action" message with Chamber of Commerce membership included. Plan to reprint stickers with new logo - will get cost estimates. Buy Local Weekends: Promote buy local weekends 3 - 4 x per year. Get members on board to offer specials. (may be an opportunity to partner with Reading's Shop the Block group and increase participation to NR) Consumer campaign paid for through co-op advertisements. Encourage members to promote through Facebook and Twitter at no charge. Messages: Consumer: Convey a "call to action" to buy local. Key messages create a positive feeling for consumers for buying locally Members: Convey support by communicating to consumers the value of buying locally. Connect to "Chamber Membership" as a valuable marketing tool. 14 ,5";t,k Ideas: BUY LOCAL WHY? YOUR DOLLARS COME BACK TO YOU! When you buy local, you invest in your community, in your neighbors, and in yourselves. In this economic climate, the best return on investment is in local business. It is estimated that for every dollar you spend, twice as much will be reinvested in the community. Door Sticker Idea: Preserve this Local Business - Buy Local Reading-North Reading Chamber of Commerce Member (Final sticker language will be consistent with guide name) Buy Local Weekends: FridayNaturdayOSunday Studies have shown that when you spend money at local businesses 2 times more of that money stays in the local community. Just by spending locally on weekends you can contribute positively to the economic health of the Reading and North Reading. Spend here and your money stays here. Guide/Campaign Names BUY LOCAL Preserve and Promote Local Businesses in Reading and North Reading An initiative of the Reading-North Reading Chamber of Commerce 15 For information contact: Q Irene Collins Executive Director Reading-North Chamber of Commerce Y-, 978-664-5060 or 781-944=8824 (Phone) ? rnrchambercom@aol.com (Email) of www.readingnread ingchamber.or (Website) 'CR Pre,S), R-e W Reading-North Reading Chamber of Commerce to produce a "Guide to Doing Business Locally" this spring Reading and North Reading MA, March 15, 2011 - The Reading-North Reading Chamber of Commerce will produce a "Guide to Doing Business Locally" which will be mailed to every home in Reading and North Reading.this spring. Every current Chamber member will be listed in the directory and on the web site at no charge. "In this economy it is more important than ever for residents to buy local, said Chamber President John Murphy. "The guide will give Reading and North Reading residents a resource for finding and supporting our local businesses that support them." The Chamber's Guide to Doing Business Locally will consist of half-page profiles of members, business listings and traditional display advertisements. The user- friendly guide will also be full-color, glossy and the size of a playbill (5 I/2 x 8 '/2) which will fit easily into a kitchen drawer, glove box or pocket book. Combined with the on- line version residents'will find it easier to locate local businesses that have products and services they need. "The Chamber offers many low-cost opportunities to help members market themselves. Taking an active role in talking to the community about the importance of buying locally is another way we can help," said Chamber Executive Director Irene Collins. "The guide will be filled with researched backed information about the positive impact of spending locally and the resources to do it. Ultimately we see it as another Chamber marketing tool to benefit our members and communities." A listing in the printed guide is exclusive to Chamber members: Non-members can participate by joining the Chamber by April 1, 2011. Membership forms can be 16 ~ found on the Chamber's web site www.readingnreadingchamber.or~ or by contacting Executive Director Irene Collins at telephone 978-664-5060 or by email RNRChambercom@aol.com The Reading Chamber of Commerce was founded in 1989 and merged with the North Reading Business Association to form the Reading-North Reading Chamber of Commerce in January 2000. The Chamber provides members with networking, educational and promotional opportunities and is dedicated to its members' success, encouraging participation in Chamber programs and events. For immediate release March 15, 2011 S,I,q 17 -51" READING POLICE DEPARTMENT x 15 Union Street - Reading, Massachusetts 01867 'Z" po Emergency Only: 911 - All Other Calls: (781) 944-1212 . Fax: (781) 944-2893 Web: www.ci.reading.ma.us/police/ EXECUTIVE REVIEW New Officer/Director Transfer of Stock for Bertucci's Restaurant Corporation April 04, 20 1.1 Chief James Cormier 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-Transfer of Stock for Bertucci's. Restaurant located as 45 Walkers Brook Drive. This application will be going before the Board of Selectmen at their meeting on April 07, 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, S . betective Mark D. Segalla Criminal Division Commander f r y. ,l~ 19 561 DEMAKIS LAw OFFICES, P. C. GREGORY C. DEMAKIS THOMAS C. DEMAKIS SANDOR RABKIN JOSEPH H. DEVLIN* *Also Admitted in N.H. Attn: Mr. Peter Hechenbleikner Town Manager Reading Town Hall 16 Lowell Street Reading, MA 01867 r Re: Application of Bertucci's Restaurant Corp. (the "Licensee") for approval of a change of officer.and director with regard to an alcoholic beverage restaurant license Dear Mr. Hechenbleikner: Enclosed please find the following documents with regard to the application for approval of a change of officer and director with regard to the alcoholic beverage restaurant license held by the Licensee in your municipality. 1. Letter from Ralph Sacramone, Executive Director of the Alcohol Beverage Control Commission (the "ABCC"), relative to the ABCC's preliminary approval and instructions. 2. Monetary Transmittal Form and copy of filing fee. 3. Petition for Transfer of Ownership. 4. Retail alcoholic beverages application. 5. Personal Information Forms. 6. Exhibit Package. V = u r~ A public hearing and advertisement are not required for a change of officer and director, and we were therefore unsure whether there were any local fees. . Please let us know at your earliest convenience if you need any additional documentation, information or fees. This transaction involves all 40 Bertucci's restaurants in Massachusetts. The transaction will not result in any change to the manager, operation or physical structure of the individual Bertucci's restaurant in your municipality. 56 CENTRAL AVENUE LYNN, MASSACHUSETTS 01901 TEL. (781) 595-3311 FAX (781) 592-4990 March 15\, 2011 h U c~ Joe/Open/LicensingBertucci-s ChangeofUff+Dir/Cover Itrs and municipal addresses/ltr 3.14.11 15 6 20 The Alcoholic Beverage Control Commission (the "Commission") has investigated and approved the application and exhibits listed in its letter, determining that the transaction is in compliance with the provisions of M.G.L. Chapter 138. The procedure for processing the application is set forth in the letter from Mr. Sacramone. The Commission only requires the Form 43 be returned to the Commission after the hearing. The Commission requires no other forms, documents or information in connection with the application. The $200 application fee has already been paid directly to the Commission. We will be calling shortly to follow-up, and we look forward to speaking with you. If you should have any questions with regard to this application, please feel free to call Patricia Gallant at extension 104. Thank you very much for your time and cooperation. V truly ours, ` n Jos ph . Dev in JHD/kad Enclosures Joe/Open/LicensinglBeriucci-s Changeofflff+Dir/Cover Itrs and municipal addresses/Itr 3.14.11 S0 21 ~J1ssACHUS~iy/ c. (~G/ March 2, 2011 NAR LOCAL BOARDS Amherst,Andover,'Beverly, Boston, Braintree, Brockton, Cambridge, Canton, Chelmsford, Framingham, Hingham, Holliston, Lexington, Longmeadow, Mansfield, Marlboro, Medford, Needham, Newton, North Andover, North Attleboro, Norwood, Peabody, Plymouth, Randolph, Reading, Swampscott, Taunton, Waltham, Wellesley, Westboro, West Roxbury, West Springfield, and Woburn The Commission has received a request from Bertucci's Restaurant Corp. for a New Officer / DirectorTransfer of Stock in the above-noted cities and towns. Due to the magnitude of these transactions, the Commission has received the information and documents provided by the licensee. The review was to determine whether the contemplated transaction is consistent with the provisions of M.G.L. c. 138. Based upon our review, we are satisfied that the transaction is consistent with the purposes of the law and would not result in the individual corporate licenses being deemed to be out of compliance with the applicable statute. Accordingly, this letter sets forth our recommended procedure for the processing of these applications. Arrangements have been made for the Corporation to pay all of the $200 application fees directly to the Commission. Therefore, no fee needs to be collected. The Commission has reviewed and accepted copies of the following documents and instruments: 1. Petition for Transfer of Ownership 2. Personal Information From 3. 5 Page Application 4. Vote of the Board of Directors 5. Documents outlying the finances of the transaction S6q Phone: 617.7273040 a T•ac 617.7271258 • Office: 239 &ZewayStreet, Boston, CIA 02114 . We6.• unvw.mass.gov1a6cc P-r:na. nH R-.-. Peres . Where there will be no change of existing managers, the Commission will not require that a Form A be completed, nor will. the Commission require background information on the managers as such information should already be on file. The applicant will contact you directly for processing the application. Please forward to the Commission the Form 43. The Commission will require no other forms, documents or information in connection with these applications. Should you or your town/city solicitor have any questions or require information or assistance, please contact Investigator Jack Carey at (617) 727-3040, extension 36. Sincerely, alph Sacramone Executive Director Cc: Ted Mahony, Chief Investigator . Pat Krueger, Licensing Coordinator Gregory C. Demakis, Esq. Joseph H. Devlin, Esq. S6-5, 23 The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www.mass.gov/abec RETAIL ALCOHOLIC BEVERAGES LICENSE APPLICATION MONETARY TRANSMITTAL FORM. APPLICATION SHOULD BE COMPLETED ON-LINE, PRINTED, SIGNED, AND SUBMITTED TO THE LOCAL LICENSING AUTHORITY. ECRT 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 Restaurant Corp. Walkers Brook Drive Reading I STATE ZIP CODE TRANSACTION TYPE (Please check all relevant transactions): F New License Transfer of License . Change of Manager, Q Cordials/Liqueurs Permit Q 6-Day to 7-Day License n New Officer/Director Change of Location Alteration of Licensed Premises New Stockholder Management/operating Agreement 101600026 101867 Pledge of License Pledge of Stock Transfer of Stock Issuance of Stock Wine & Malt to All Alcohol Change Corporate Name Seasonal to Annual D Change of License Type R Other--~ 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, 02241-3396 S66 24 The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 . cc www.mass.gov/ab PETITION FOR TRANSFER OF OWNERSIEUT 101600026 ABCC License Number Reading City/Town Bertucci's Restaurant Corp. and the The licensee proposed transferee - respectfully petition the Licensing Authorities to approve the following transfer of ownership. Is the PRESENT licensee a Corporation/LLC duly registered under the laws of the Commonwealth of Massachusetts?. FYI Yes M No If YES, please list the officers, directors and stockholders, their residences, and shares owned by each. Name Title Address Stock or % Owned Stephen V. Clark CEO, President, Director 4857 Orchard Park, Frisco, TX 75034 0 David G. Lloyd CFO, Treasurer, Secretary 21 Garden Rd., Wellesley, MA 02481 0 Carl E. Axelrod Assistant Secretary 75 Shaw Rd., Chestnut Hill, MA 02467 0 Is the PROPOSED transferee a Corporation/LLC, duly registered under the laws of the Commonwealth of Massachusetts? FX 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 DIRECTOR/LLC Manager.) Name Title Address Stockor % Owned David.G. Lloyd CEO, President, Director 21 Garden Rd., Wellesley, MA 02481 0 Brian P. Connell CFO, Treasurer, Secretary 3 Patriot Lane, Whitman, MA 02382-2379 0 Bryan K. Schwanke Assistant Secretary 930 Union Street, Duxbury, MA 02332-3016 0 The above named proposed transferee hereby joins in thi etition r anST oT said kense. SIGNATURE OF LAST-APPROVED LICENSEE: (If a Corporat on/LLC authorized re .esentative) SIGNATURE OF PROPOSED TRANSFEREE: 25 Date Signed 11!1712010 Application for Retail Alcoholic Beverage License City/Town Reading -1 Tranc~el-inn: ❑ New License ❑ New Officer/Director ❑ Transfer of Stock ❑ Issuance of Stock ❑ Transfer of License ❑ New Stockholder ❑ Management/Operating Agreement The following transactions must be processed as new licenses: ❑ Seasonal to Annual ❑ 6-Day to 7-Day License ❑ Wine & Malt to All Alcohol EWORTANT ATTACHMENTS: The applicant must attach a vote of the entity authorizing all requested transactions, including the appointment of a Manager of Record or principal representative. 2: Type of License: ❑X §12 Restaurant ❑ §12 Hotel ❑ §12 Club ❑ §12 Veterans Club ❑ §12 General On-Premise _ ❑ §12 Tavern (No Sundays) ❑ §15 Package Store ~ T.irencP f'ata¢'nrv: ❑ All Alcoholic Beverages ❑ Wine & Malt Beverages Only ❑ Wine or Malt Only ❑ Wine & Malt Beverages with Cordiats/Liqueurs Permit ❑ Annual Seasonal J; C'nntart PPrgnn enneerning this annlication (attorney if applicable) NAME: H. Devlin, Esq. ADDRESS: Ic/o Demakis Law offices PC, 56 Central Ave. CITY/TOWN: Lynn STATE MA CONTACT PHONE NUMBER: (781) 595-3311 FAX NUMBER: EMAIL jdevlin@demakislaw.com ZIP CODE 01901 _ (781) 595-4990 26 s~g Licensee Information: Legal Name/Entity of Applicant:(e.g corporation, u-c, individual) Bertucci's Restaurant Corp. Business Name (if different) : Bertucces Italian Restaurant Manager of Record: Mic ABBC License Number (for existing licenses only) : 101600026 Address of Licensed Premises: 45 Walkers Brook Dr. CITY/TOWN: Reading STATE MA ZIP 01867 Business Phone: (781) 942-2001 Cell Phone: Email: bertl30@bertuccis.C( Website: www.bertuccis.com 7. Description of Premises: Please provide a complete description of the premises to be licensed. The description should include the location of all entrances and exits. Approximately 6770 square feet Italian kitchen, one bar/lounge, two dining rooms, outside patio, one main entrance, one rear IMPORTANT ATTACHMENTS: The applicant must attach a floor plan with dimensions anu square 1UUldy= 1 V1 Occupancy Number: Seating Capacity: 263 8. Occupancy of Premises: 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 Other: ~ legal right to occupy the premises. - _ Landlord is a(n): LLC 7::::~ Other I Name [Ne~wiew Investments LLC Phone: (781) 272-4000 -71 Address: 15 Third Ave., Suite 1 City/Town: BState MA Zip 01803-4470 Initial Lease Term: Beginning Date 03!16/2008 Ending Date 03/16/2023 Renewal Term: F Options/Extensions at F= Years Each Rent: $200,000.00 per year Rent: $16,667.00 _ 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 E] No Pg 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. 27 9. Licensee Structure: The Applicant is a(n): Corporation If the applicant is a Corporation or LLC, complete the following: State of Incorporation/Organization: Massachusetts (Is the Corporation publicly traded?Yes ❑ No ❑ Other : Date oflncorpbration/Organization: 11/02/1984 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 AT'I'ACl- MEN-,rS: All individuals or entities listed below'are required to complete a Rgiisonal [ntunii~iliun 1~orill Name Title Stock or % Owned Other Beneficial Interest F David G. Lloyd CEO, President, Director None Brian P. Connell CFO, Treasurer, Secretary None Bryan K. Schwanke Assistant Secretary None Bertucci's Corporation Stockholder 81,605 See Ex A - Corp. Structure *If additional space is needed, please use last page. 11. Existing Interests in Other Licenses: Does any individual listed in §10 have any direct or indirect, beneficial orfinancial interest in any other license to sell alcoholic beverages? Yes X❑ No ❑ If yes, list said interest below: Name License Type Licensee Name & Address Bryan K. Schwanke §12 Restaurant Schwanke Bros. Inc., 789 Quincy Shore Dr., Wollaston, MA 02170 Please Select Please Select Please Select Please Select Please Select Please Select If additional space is needed, please use last page. ~ifl 28 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 n No ❑ If yes, list said interest below: Name Licensee Name & Address Reason Date Terminated Please Select F ct Plea se 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 I License I Reason of Suspension, Revocation or Cancellation 14. Criminal Record: Has any individual listed in §10 or who has a direct or indirect beneficial interest in this license ever been convicted of a municipal, state, federal or military crime? Yes ❑ No ❑ the individual must provide an affidavit as to any and all charges as well as the disposition. 15. Citizenship and Residency Requirements for a (§15) Package Store License ONLY: 1. Are all Directors/LLC Managers U.S. Citizens? Yes ❑No ❑ 2. Are a majority of Directors/LLC Managers Massachusetts Residents? Yes ❑ No ❑ 3. 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 ❑X No ❑ 2. Are a majority of Directors/LLC Managers Massachusetts Residents? Yes ❑ No ❑ 3. Is the License Manager or Principal Representative a U.S. Citizen? Yes 0 Non 29 17. Costs Associated with License Transaction: A. Purchase Price for Real Property: 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 H. TOTAL CASH 1. TOTAL AMOUNT FINANCED 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 " 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, mortaaaes, lines of credit, notes, personal funds, gifts): 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(I) will derive: Name Dollar Amount Type of Financing *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(s) granted under Chapter 138? Yes No If yes, please describe: 30 . Pledge: (i.e. collateral for a loan) 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? ❑ Yes ❑ No If yes, to whom: Number of Shares Is the applicant pledging the inventory? ❑ Yes ❑ No. if yes, to whom: IMPORTANT ATTACHMENTS: If you are applying for a pledge, submit the pledge agreement, the promissory note and a vote of the Corporation/LLC approving the pledge. 31 If all the information is not completed the application may be returned F Exhibit A The current ownership structure of the Licensee, Bertucci's Restaurant Corp., was approved by the ABCC and the local licensing authorities through a state-wide transfer application in 2009. Corporate and other entity documentation was provided in an exhibit package filed therewith. Bertucci's Restaurant Corp., a Massachusetts corporation, is the Licensee. Bertucci's Inc., a Massachusetts corporation, is the 100% stockholder of the Licensee. Bertucci's Corporation, a Delaware Corporation, is the 100% stockholder of Bertucci's Inc. 14.8% of the stock in Bertucci's Corporation is owned by Sankaty Credit Opportunities 11, L.P. Sankaty Credit Opportunities II, L.P. is a limited partnership duly organized under the laws of the State of Delaware. 55.6% of the stock in Bertucci's Corporation is owned by Sankaty Credit Opportunities III, L.P. Sankaty Credit Opportunities III, L.P. is a limited partnership duly organized under the laws of the State of Delaware. 0.7% of the stock in Bertucci's Corporation is owned by RGIP, LLC. RGIP, LLC is a limited liability company duly organized under the laws of the State of Delaware. Approximately 8.1 % of the stock in Bertucci's Corporation is owned by GOLUB Capital Partners Coinvestment, Ltd. GOLUB Capital Partners Coinvestment, Ltd. is a corporation duly organized under the laws of the Cayman Islands. 8.6% of the stock in Bertucci's Corporation is owned by CAMOFI Master LDC. CAMOFI Master LDC is a Limited Duration Corporation duly organized under the laws of the Cayman Islands. 1.5% of the stock in Bertucci's Corporationis owned by CAM IZN Master LDC. CAMIIZN Master LDC is a Limited Duration Corporation duly organized under the laws of the Cayman Islands. The balance of the shares of stock in Bertucci's Corporation (10.7%), is owned by approximately ninety individual shareholders or other entities. None of these individual shareholders or entities own mote than 2.2% of the stock in Bertucci's Corporation. Joe/Open/Licensing/Bertucci's - change of officer and director 6.3.09/Exhibits 2010 11 32 1 EXHIBIT B LICENSES FORMERLY HELD BY THE ENTITIES NAMED IN QUESTION 10 Restaurant Name Liquor License Held Reason Bertucci's Copley Square Bertucci's Restaurant Corp.. Restaurant Closed Bertucci's Mansfield Bertucci's Restaurant Corp. Restaurant Closed Bertucci's Peabody Bertucci's Restaurant Corp. Restaurant Closed Bertucci's Brookline Bertucci's Restaurant Corp. Restaurant Closed Bertucci's Mansfield Bertucci's Restaurant Corp. Restaurant Closed Vinny T's Back Bay Vinny T's Restaurant Corp. Restaurant Sold Vinny T's Dedham, Dedham K&L Restaurant Sold Vinny T's Danvers Vinny T's Restaurant Corp. Restaurant Sold Vinny T's Lexington Vinny T's Restaurant Corp. Restaurant Sold Vinny T's Natick Vinny T's Restaurant Corp. Restaurant Closed Vinny T's Seekonk Vinny T's Restaurant Corp. Restaurant Sold Vinny T's Shrewsbury Vinny T's Restaurant Corp. Restaurant Sold i t i Joe/open/Licensing/Bertucci's - change of officer and director 8.3.09/Exhibits 2010 11 33 5b,~5- I EXHIBIT C LIST OF VIOLATIONS RESULTING IN SUSPENSION.OF LICENSE 1. The license for the restaurant located at 150 Worcester Road, Framingham, Massachusetts, was suspended for two days on September 26, 2005 for failure to change the manager on the liquor license and failure of the manager to have an identification card issued by the Framingham Police Department. 2. The license for the restaurant located at 275 Centre Street, Newton, Massachusetts, was suspended for three days on April 16, 2002 for sale to a minor. A fine was paid in lieu of suspension. i Joe/Open/Licensing/Bertucci's -change of officer and director 8.3.09/Exhibits 2010 II 34 EXHIBIT D LIST OF OTHER LICENSES IN WHICH THE LICENSEE OR OTHER ENTITIES LISTED IN QUESTION 14 HAVE ANY DIRECT OR INDIRECT FINANCIAL INTEREST 1. Bertueci's Brick Oven Ristorante 51 East Pleasant Street Amherst, MA 01002 2. Bertucci's Brick Oven Ristorante 90 Main Street Andover, MA 01810 3. Bertucci's Brick Oven Ristorante 27 Enon Street Beverly, MA 01915 4. Bertucci's Brick Oven Ristorante One Blackfan Circle Children's Hospital Boston, MA 02115 5. Bertucci's Brick Oven Ristorante x 22 Merchants Row Faneuil Hall . Boston, MA 02109 6. Bertucci's Brick Oven Ristorante 533 Commonwealth Avenue Kenmore Square 3 Boston, MA 02215 7. Bertueci's Brick Oven Ristorante 412 Franklin Street Braintree, MA 02184 8. Bertucei's Brick Oven Ristorante Unit 1, Rainbow Square 1285 Belmont Street Brockton, MA 02301 9. Bertucei's Brick Oven Ristorante 5 Cambridge Park Drive Cambridge, MA 02140 t Joe/Open/Licensing/Bertucci's - change of. officer and director 8.3.09/Exhibits 2010 II 35 10 Bertucci's Brick Oven Ristorante 21 Brattle Street Harvard Square Cambridge, MA 02138 11. Bertucci's Brick Oven Ristorante 799 Main Street Kendall Square Cambridge, MA 02138 12. Bertucci's Brick Oven Ristorante 95 Washington Street Village Mall Canton, MA 02021 13. Bertucci's Brick Oven Ristorante 14 E. Littleton Road Chelmsford, MA 01824 14. Bertucci's Brick Oven Ristorante 150 Worcester Road Framingham, MA 01702 15. Bertucci's Brick Oven Ristorante 90 Derby Street Hingham, MA 02043 16. Bertucci's Brick Oven Ristorante 414 Washington Street Holliston, MA 01746 17. Bertucci's Brick Oven Ristorante 1777 Massachusetts Avenue Lexington, MA 02420 18. Bertucci's Brick Oven Ristorante Longmeadow Shop 674 Bliss Road Longmeadow, MA 01106 ; 19. Bertucci's Brick Oven Ristorante 280 School Street Mansfield, MA 02048. t Jae/Open/Licensing/Bertucci's - change of officer and director 8.3.09/Exhibits 2010 II C~ ! g 36 J 20. Bertucci's Brick Oven R.istorante 374 Boston Post Road ` Marlborough, MA 01752 21. Bertucci's Brick Oven Ristorante Solomon Pond Mall 601 Donald Lynch Blvd Marlborough, MA 01752 22 Bertucci's Brick Oven Ristorante 4054 Mystic Valley Parkway Medford, MA 02155 23. Bertucci's Brick Oven Ristorante 1257 Highland Avenue Needham, MA 02492 24. Bertucci's Brick Oven R.istorante 275 Centre Street Newton, MA 0245 8 25. Bertucci's Brick Oven Ristorante 300 Boylston Street Atrium Mall Chestnut Hill, MA 02467 26. Bertucci's Brick Oven Ristorante 435 Andover Street North Andover, MA 01845 27. Bertucci's Brick Oven Ristorante 999 S. Washington Street North Attleboro, MA 02760 s 28. Bertucci's Brick Oven Ristorante 1405 Providence Highway Sterling Plaza Norwood, MA 02062 29. Bertucci's Brick Oven Ristorante 15 Newbury Street ' West Peabody, MA 01960 30. Bertucci's Brick Oven Ristorante 6 Plaza Way Plymouth, MA 02360 Joe/Open/Licensing/Bertucci's - change of officer and director 8.3.09/Exhibits 2010 II 37 v V 5 31. Bertucci's Brick Oven Ristorante 55 Mazzeo Drive Randolph, MA 02368 4. 32. Bertucci's Brick Oven Ristorante 45 Walkers Brook Dr. Reading, MA 01867 33. Bertucci's Brick Oven Ristorante 450 Paradise Road Swampscott, MA 01907 34. Bertucci's Brick Oven Ristorante 2 Silver City Galleria Galleria Mall Drive Taunton, MA 02780 35. Bertucci's Brick Oven Ristorante 475 Winter Street Waltham, MA 02451 36. Bertucci's Brick Oven Ristorante 380 Washington Street Wellesley, MA 02481 37. Bertucci's Brick Oven Ristorante 160 Turnpike Road (Rte 9) Westborough, MA 01581 38. Bertucci's Brick Oven Ristorante 683 VFW Parkway West Roxbury, MA 02132 39. Bertucci's Brick Oven Ristorante 847 Riverdale Street ` West Springfield, MA 01089 40. Bertucci's Brick Oven Ristorante• 17 Commerce Way Woburn, MA 01801 0 Joe/Open/Licensing/Bertucci's - change of officer and director 8.3.09/Exhibits 2010 II 38t 3.2.1 - General Requirements for All Licensed Establishments 3.2.1.1- Plan Required A plan of the building and a detailed floor plan of the licensed premises including the capacity of a restaurant and parking facilities shall be on file with the Licensing Authority. No alterations shall be permitted to the premises without approval in advance from the Licensing Authority. 3.2.1.2 - Deliveries Deliveries to licensed establishments shall be made only during business hours and shall be made in a manner so as not to disrupt neighbors or interfere with traffic or parking. 3.2.1.3 - Inspection The licensed premises shall be subject to inspection by the Police, the Licensing Authority, and other duly authorized agents of the Licensing Authority. Any hindrance or delay of such inspection caused by an employee of the licensee shall be cause for action against the license. 3.2.1.4 - Advertisements No advertising matter, screen, curtain or other obstruction, which prevents a clear view of the interior of the premises, shall be maintained in or on ariy window or door. 3.2.1.5 - Automatic Amusement Devices No establishment licensed for the on-premises or off-premises sale or consumption of alcohol shall permit the use of any automatic amusement device or electronic game as defined by M.G.L. Chapter 140, Section 177A unless specifically licensed to do so by the Board of Selectmen. 3.2.1.6 - Duty to Perform An applicant for a license to sell liquor on or off premises shall within 45 days of the issuance of such license commence construction of the licensed premises which shall be fully operational within 120 days of the issuance of such license, unless otherwise approved by the Licensing Authority. Thereafter, the licensee will continuously operate the premises.' in accordance with the terms and conditions of the license. The closing of the licensed establishment for seven consecutive calendar days or for more than 20 regular business calendar days during a calendar year shall be deemed to be abandonment of the license and sufficient grounds for revocation, unless prior approval is granted by the Licensing Authority. Such revocation shall only be done following a public hearing. Upon application by the licensee, the Licensing Authority may waive this abandonment provision in the event of major renovation, destruction by fire or flood or other similar circumstance. 3.2.1.7 - Establishment of Written Policies Licensees shall establish written policies regarding " the sale or service of alcoholic beverages based upon the requirements of the regulations of the Alcoholic Beverages Control Commission, these regulations, and any other conditions placed on the license. 3-4 Board of Selectmen Policies ~G 39 D m A En O~ C -i m X nm p O N r- C) I 1 7 m 2 N 73 m -i G G7 7 I(// D / m D I m G) 2 cu x mG-1 ~ m > 2m D rn mZ D a ~ D -I O m Cf) z m D ( m z m I m X O Ern n _1 X ~ D rn >IXi9' 17 --1 0 m mz j En m m > 0 X m o m rrD m ~ m EX PLANTER mrn Z cx m _ a3 U) Q7 Z nom > > G) 6q ~l mz -I 0DmD D'o ~AF~ m0 mrs`'~ D ~ 3r'o~gg: ~Ozmm rn N >7 0 L D C D a i In GO ~p r nC Jv EnDm .r G)i a DRAWING NAME: PROJECT NAME: EXISTING PATIO BERTUCCI'S &~a~ SEATING 45 WALKERS BROOK DR a cc ARCHITECTS READING, NIA UPLAN DAFZCHITECTS.CDM Q G S T A O RA N T 250 E. MAN STREET RDRTON, MA 02766 DATE ISSUED: MARCH 16, 2071 PROJECT NO: 11-019 1.7744303390 V ~G ~ 5,-G3 DRAWING NAME. PROJECT NAMlE: " 0 B ® LAN PROPOSED PATIO BERTUCCI'S ~4p 4a , SEATING 45 WALKERS BROOK DR blear ccl s READING, MA L)PLANDARGHITEGT5.GOM -RESTAURANT 2S0 E MM STREET NORTOK MA 02766 DATE ISSUED: MARCH 16, 2011 PROJECT NO: 11-019 - J 1-774490790 M .aH . LEGAL NOTICE TOWN OF'REAbING : To the Inhaii' t bfta0 s. of the Town of Reading: ' n Please ,take notice, that the :y ti7 Board of Selectmen of.the •Tq of Reading will, hold, ..a public h hearing.,'ori.l"uesday,1April-12 2011 at 7:5•0 0 m. it V•,, the ' Selectmen's Meeting Ro.,on ;16.: . Loweli:•:' :Street; ,.:.Reading; N Ma'ssachiisetts to consider ifie- . A acceptance='of°poridview `Lane " ` as a `public way: Copies .of the proposed doc'` ument 4,e a(dmg this to is e avaulabie t°,-. in•, :`the y;;Town (NAn4ger .s.- office;-'-4 6,'.Lowel[ Vie. Streiet; ; Reading,;-MA,M=V11- „ : urs .from`7. 30 a.)P ;5 30 T6es frbm,.7 30 a: and:isi tabf ed to iP, 1 hearing notice on tfie w ' bs to at .y www.readingma:gov , ~ , • ' . All interested parties:_are'.' •in.Vited'to.attend the.hdarrng, or-, may sulimlt their comments' in"' L writing- or' by' email, :prior to 6:00 11.. to town 20 p.m. bri April 12,'. - manager@ci.reading.ma:us:: 4 ' Byorder of ' Peter 1. Hechenbleikner ' Town Manager 4/5 Jt SJ- l 42 Don McNeice 33 Pondview Lane Reading, Mass. 01867 4/5/11 Town of Reading. 16 Dowell Street Reading, Mass. 01867 Attention: Board of Selectman Dora 1V*Neice 617-212-8109 43 4 ZOl1 APP, -7 WI It** 06 "4-J, 2.-- James E. Bonazoli, Chairman Camille W. Anthony, Vice Chairman Town of Reading Richard W. Schubert, Secretary Stephen A. Goldy 16 Lowell Street Ben Tafoya Reading, g 01 867 BOARD OF SELECTMEN (781) 942-9043 FAX: (781) 942-9071 Website: www.ci.reading.ma.us March 1, 2011 William Hecht, Chairman Reading Conservation Commission 16 Lowell Street Reading, MA 01867 Dear Mr. Hecht and Members of the Conservation Commission: As you are aware, the Board of Selectmen heard a recommendation by the Town Manager that the Town vote to eliminate the local wetlands bylaw. You spoke eloquently on a couple of occasions about the need to retain this bylaw. In your presentations you noted that it has been a long time since the bylaw and its regulations have been reviewed and amended, and that perhaps the review of both documents is overdue. Based in large part on your presentations and representation the Board of Selectmen agreed at its meeting on February 15,2011 to not place an article to rescind the local wetland bylaw on the Annual Town Meeting warrant, 'and the Board of Selectmen directed the Town Manager to draft a letter to the Conservation Commission regarding the review of the bylaw and regulations. This letter, endorsed by the full Board of Selectmen, therefore outlines the Board of Selectmen's intent and expectations with regard to this matter: o The Board of Selectmen will not place an article on the Annual Town Meeting warrant to rescind the wetland bylaw. Instead, the local wetlands by-law and accompanying regulations will be immediately reviewed and recommendations will be developed that will streamline and simplify these regulations while maintaining protection of wetlands. Depending on the outcome of this process the Board of Selectmen would reserve the right to place an article amending or rescinding the bylaw on the warrant for the 2011 Subsequent Town Meeting. ® The Conservation Commission, working with staff including the Town Manager, will develop by April 15, 2011 an outline of a process and timeline to complete a thorough review of the local wetland bylaw and regulations. ,5e( -44 ® The process will consider: o Completion of the review no later than September 1, 2011; o Consideration of hiring of an outside consultant to assist in the review to ensure its objectivity; o Conducting the review in an open process, soliciting an d welcoming all points of view in the community, including soliciting comment and suggestions from previous applicants and other residents and property owners interested in this issue; o Keeping as a goal minimizing the requirements of the bylaw and regulations to the least level necessary to ensure the protection of community health, safety, and welfare; o Simplifying the administrative processes and procedures so that an informed applicant can understand and easily comply with the process of applying, receiving a decision, and complying with decisions; o Evaluating similar bylaws and regulations of neighboring communities so that regionalization or sharing of the administration of the local bylaw and regulations can be most easily facilitated. The commitment of the Conservation Commission and staff to serving this community is clear. How to best accomplish that is not as clear, and the Board hopes and anticipates that this process will yield results that both the Commission and the Board of Selectmen can support. Sincerely, James Bonazoli Chairman 45 Final 23 March 2011 Proposed Process for'Reviewing Reading's Wetland Regulations and Enabling By-law The Reading Board of Selectmen has requested the Conservation Commission propose a process for reviewing the Town's Wetland Regulations and enabling By-laws. The primary goal of the review is to simplify the regulations and. allow expedition of the application/approval . process without compromising meaningful and needed wetland and environmental protection Outlined below is a proposed process approved unanimously by the Reading Conservation Commission at the 23 March 2011 meeting. An ad hoc committee would be formed to conduct the requested review. The ad hoc committee would actively solicit input from a variety of stake holders affected by the Town's wetland application process and then evaluate and summarize the input received. Committee and public meetings would be held in a neutral setting such as the Library or Senior Center. Based on the input received and the ad hoc committee's own review of the regulations, they would draft a report to the full Conservation Commission. The report would include: summary of the process implemented; documentation of the major issues (positive and negative) raised concerning the wetland permit application and approval process; results of stakeholder input; and recommendations for modification of the regulations/by-law to addresses issues raised during the process. The report would be reviewed by the Conservation Commission and revised as appropriate. The finalized report, as approved by the full Conservation Commission would be submitted to the Board of Selectmen. The ad hoc committee would be chaired by an active member of the Reading Conservation Commission and have one or two other current Commissioners on the committee. Two to four former Reading Commissioners or commissioners from adjacent towns would also be recruited as committee members. As advised by Town Council, stakeholders currently with business before the Conservation Commission would have a conflict of interest in serving on the Ad hoc Committee. Thus no persons with current or likely future business will be asked to serve on the committee. However they can attend the Ad hoc Committee meetings as they are open meetings. Also, as noted below input from such individuals will be actively solicited by the Ad hoc Committee. 46 L./3 SoIicltaUmI of ~liapuf once established the ad hoc committee would finalize the details of the solicitation process based on the general structure outlined below. a Develop an information flier that identifies the charter of the ad hoc committee and summarizes current regulations (including laymen's description of the Reading and State wetland application process) ® Develop a questionnaire to solicit input on such topics as: what do you like about the wetland protection/application process and environmental protection measures; what don't you like; what would you change; what don't you understand; how can the Town make.it simpler and easier; etc. ® Distribute the information flier and questionnaire by mailings to recent wetland permit applicants, Town officials, other stakeholders, and by postings on appropriate web pages ® Publicize the process and availability -of information in local papers, public access TV, etc. ® Invite stakeholders with extensive experience in the Reading Wetland permitting process to discuss their experiences with the Ad hoc committee in an open forum. Stakeholders would include: o Engineers/Wetland Scientist who frequently represent applicants in the Reading wetland permitting process o Builders and developers active in Reading o Attorneys who frequently represent applicants in the Reading wetland permitting process o Town employees and boards.involved in the wetland application process o Representatives of local environmental advocacy groups o Representative recent applicants and abutters ® Hold one or more public workshops to explain the wetland protection/application process and solicit additional input. Ad Mac Cotnraiittee Support The committee would require limited administrative support for mailings, web site entries, and collating responses. Also Town Counsel's review and input on any proposed recommended changes would be needed, sciled.ule Approval of the proposed process is expected on or shortly after 16 April and the ad hoc committee would be formed within 2 weeks (about 1 May). The information flier would be developed and disturbed by 1 ,June. The first public work shop would be held before Reading Schools are out for the year (about 15 June) and additional public events.would be held if needed during the summer. The results of the review and recommendations would be submitted to the full conservation commission by about S August 2011. 5e, q 47 Page 1 of 2 Hechenbleikner, Peter From: Ellen Doucette [ecdoucette@brackettlucas.com] Sent: Tuesday, April 05, 20114:04 PM To: Hechenbleikner, Peter Subject: Re: Sidewalk Plowing Article #21...Info request #3 Attachments: Westlaw Document 14 43 29.doc Attached hereto is a copy of M.G.L. c.40, sec. 21 which in subsection (3) specifically authorizes the enactment of a bylaw for the removal of snow and ice, with a maximum penalty of $300.00. Chapter 85, sec.5 says what it says, but it is also an older statute (the legislature no longer distinguishes between . cities and towns for purposes of establishing fines) and in my opinion is not applicable when there is a more specific statutory authority. In determining which statute applies, it is always the more specific statute that. controls. Please call if you have any questions. Ellen Ellen Callahan Doucette, Esq. Brackett & Lucas 19.Cedar Street Worcester, MA 01609 (508) 799-9739 (508) 799-9799 Facsimile Original Message From: Hechenbleikner Peter To: Doucette Ellen Sent: Sunday, April 03, 20112:01 PM Subject: Fwd: Sidewalk Plowing Article #21...Info request #3 Sent from my iPhone Pete Begin forwarded message: From: Frederick Van Magness <vanma ness@verizori.net> Date: April 3, 20118:3 7:41 AM EDT To: Selectmen Reading <selectmenga ei.readin ng ia.us>, Hechenbleikner Peter <phechenbleikner ci.reading.ma.us> Ce: Zager Jeff <'zt aver a(~q .readin .lg na.us> Subject: Sidewalk Plowing Article #21...Info request #3 Hi all, Sorry about all these emails, but I continue to find questions concerning the proposed 4/7/2011 48 5 Page 2 of 2 article #21 and per the last BOS meeting, you asked for my issues and concerns in. advance of the April 12th BOS meeting. Concerning the fine for non-compliance, the draft article #21 states "Violations of this section shall be punishable by a fine of $25 per day......." This fine applies to all sections of the proposed By-Law..residences, businesses, and apartments/condominiums: In researching various aspects of this program, I discovered that the Massachusetts General Laws, Chapter 85, Section 5 titled "Removal of snow and ice from sidewalks by abutting landowners penalties" states as follows: "Cities by ordinance and towns by by-laws may provide for the removal of snow and ice from sidewalks within such portions of the city or town as they consider expedient by the owner or occupant of land abutting upon such sidewalks. Such ordinances and by-laws shall determine the time and manner of removal and shall affix penalties, not exceeding fifty dollars in the case of a city or ten dollars in the case of a town, for each violation thereof." The above citation of the Chapter 85, Section 5 MGL was obtained on-line yesterday, April 2, 2011, and I could find nothing to supersede it. As you can see, there is a difference in the town violation penalty of"not exceeding" $10 that the MGL sets vs. the $25 contained in the draft by-law. Please review so we can have a clear answer as to what forms the legal basis of the variation on the 12th. Sincerely, Fred Van Magness SR 243 Franklin St. Reading, MA 01867 781-944-0537 4/7/2011 49 ~~v Wdstlaw. M.G.L.A. 40'§ 21 Page 1 P" Effective: July 9, 2008 Massachusetts General Laws Annotated Currentness Part I. Administration of the Government (Ch. 1-182) '91 Title VII. Cities, Towns and Districts (Ch. 39-49A) '9 Chapter 40. Powers and Duties of Cities and Towns (Refs & Annos) § 21. By-laws of towns; purpose Towns may, for the purposes hereinafter named, make such ordinances and by-laws, not repugnant to law, as they may judge most conducive to their welfare, which shall be binding upon all inhabitants thereof and all persons within their limits. They may, except as herein provided, affix penalties for breaches thereof not exceeding three hundred dollars for each offense, which shall enure to the town or to such uses as it may direct. Notwithstanding the provisions of any special law to the contrary, fines shall be recovered by indictment or on complaint before a district court, or by noncriminal disposition in accordance with section twenty-one D. (1) For directing and managing their prudential affairs, preserving peace and good order, and maintaining their in- temal police. (2) For preventing the fall of snow and ice from roofs and securing the removal thereof in such portions of their lim- its and to such extent as they deem expedient. The penalty for violation of such by-laws shall apply to the owner of such building or to his agent having the care thereof. (3) For providing for the removal of snow and ice from the sidewalks, within the limits of the public ways therein to such extent as they deem expedient. The penalty for the violation of such by-laws shall apply to the owner of abut- ting property or his agent having charge thereof. (4) For requiring owners of buildings near the line of public ways to erect barriers, or to take other suitable measures to prevent the fall of snow and ice therefrom upon persons traveling on such ways, and to protect such persons from other dangers incident to the maintenance, occupation or use thereof. (5) For declaring any sewer or drain laid in any land or way, public or private, opened or proposed to be opened for public travel, to be a common sewer, and that it'shall not be laid or connected with any existing common sewer ex- cept by the board or officers authorized to lay and maintain common'sewers. (6) For regulating, under a penalty not exceeding fifty dollars for each offence, the use of the common sewers and the connections which may be made therewith. (7) For regulating throughout the town or within a limited portion thereof, by any designated board or commission, the inspection, materials, construction, alteration or use of pipes and fixtures through which water is supplied by public water works; and to prohibit the use of such water by persons neglecting or refusing to comply with such by- laws. (8) For regulating, under a penalty not exceeding fifty dollars for each offence, the use of reservoirs connected with its water supply and land and driveways appurtenant thereto. © 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. 50 M.G.L.A. 40 § 21 Page 2 (9) For regulating the width of tires of vehicles owned in such town and used on the highways thereof. (10) For requiring and regulating the numbering of buildings on or near the line of public or private ways and pre- scribing by whom and the method in which it shall be done. (11) For regulating the disposal by town boards, officers or departments of personal property belonging to the town. (12) For regulating the making of annual reports by boards, officers or departments not required by law to make such reports. (13) For requiring all town officers to pay all fees received by them by virtue of their office into the town treasury, or to report the amount thereof from time to time to the selectmen, who shall publish the same in the annual town report. (14) For prohibiting or regulating the leaving of vehicles unattended within the limits of private ways furnishing means of access for fire apparatus to any building. (15) For regulating the use, occupation and maintenance, by clubs or associations, whether or not incorporated, of dwelling houses used in common by any or all of their members. In addition to any other remedy provided by law for violation of any ordinance or by-law made under authority of this paragraph, the superior court shall have juris- diction in equity to restrain any such violation. (16) For authorizing the superintendent of streets or other officer having charge of ways, for the purpose of remov- ing or plowing snow, or removing ice, from any way, to remove, or cause to be removed, to some convenient place, including in such term a public garage, any vehicle interfering with such work, and for imposing liability for the cost of such removal, and of the storage charges, if any, resulting therefrom, upon the owner of such vehicle. (16A) For authorizing the board or officer having charge of the collection of garbage and refuse, for the purpose of facilitating such collection, to remove, or cause to be removed, to some convenient place in the city or town, includ- ing in such term a public garage, from any portion of a public way therein or from any private way therein open to public use any vehicle parked contrary to a sign within one hundred feet banning parking at such time and place, and for imposing liability for the cost of such removal, and of the storage charges, if any, resulting therefrom, upon the owner of such vehicle. (16B) For designating areas upon public streets to be used as bicycle lanes and for establishing a noncriminal ticket- ing procedure against violations of bicycle laws, and a schedule of fines for breaches thereof, not to exceed twenty dollars for each offense. (17) For prohibiting or regulating the removal of soil, loam, sand or gravel from land not in public use in the whole or in specified districts of the town, and for requiring the erection of a fence or barrier around such area and the fin- ished grading of the same. The superior court shall have jurisdiction in equity to compel compliance with any ordi- nance or by-law made hereunder. The penalty for violation of any ordinance or by-law made hereunder shall be as follows:--for the first offence, fifty dollars; for the second offence, one hundred dollars; and for each subsequent offence, two hundred dollars. Any order or by-law prohibiting such removal hereunder shall not apply to any soil, loam, sand or gravel which is the subject of a permit or license issued under the authority of the town or by the ap- propriate licensing board of such town or by the board of appeal, or which is to be removed in compliance with the requirements of a subdivision plan approved by the town planning board. © 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. ~ q 51 M.G.L.A. 40 § 21 Page 3 (18) For regulating the inspection, materials, construction, installation, alteration or use of pipes, fittings and fixtures through which gas is supplied within buildings and other structures. (19) For requiring any person excavating land or any person in charge of such excavation and for requiring any owner of land which has been excavated to erect barriers or take other suitable measures within two days after such person has been notified in writing by the mayor or city manager and the.city council, the selectmen or the building inspector, of the city or town in which the land is located that in their opinion such excavation constitutes a hazard to public safety. The penalty for violation of any ordinance or by-law made hereunder shall not exceed two hundred dollars per day for every day such person is in violation of such notice commencing with the fourth day thereof. The superior court shall have jurisdiction in equity to compel compliance with any ordinance or by-law made under the provisions of this clause. Notwithstanding the foregoing, no person shall be found guilty of a violation of such an ordinance or by-law, nor shall a person be compelled in equity to comply therewith unless, in the opinion of the court, such excavation constitutes a hazard. (20) For requiring owners of land whereon is located an abandoned well or a well in use, to either provide a cover- ing for such well capable of sustaining a weight of three hundred pounds or to fill same to the level of the ground. The penalty for violation of any ordinance or by-law made hereunder shall be a fine of not less than one hundred dollars nor more than five hundred dollars. (21) For prohibiting or regulating the parking of any motor vehicle in front of any dwelling house except by the oo- cupants of said dwelling house, provided that notice of said prohibition or regulation is given by the use of portable or permanent signs. (22) For controlling and abating noise from whatever source, including, without limiting the generality of the fore- going, the right to restrict or limit the use of automobile horns and the operation of motor vehicles in such a manner as to cause excessive noise. (23) For requiring that designated parking spaces for vehicles either owned and operated by disabled veterans or by handicapped persons and bearing the distinctive number plates authorized by section two of chapter ninety, or for vehicles transporting handicapped persons and displaying the special parking identification plate authorized by said section two of said chapter ninety, or for vehicles bearing the official identification of a handicapped person issued by any other state, or any Canadian Province, be provided in public and private off-street parking areas. (a) Any ordinance or by-law made hereunder shall require any person or body that has lawful control of a public or private way or of improved or enclosed property used as off-street parking areas for businesses, shopping malls, theaters, auditoriums, sporting or recreational facilities, cultural centers, residential dwellings, or for any other place where the public has a right of access as invitees or licensees, to reserve parking spaces in said off-street parking areas for any vehicle owned and operated by a disabled veteran or handicapped person whose vehicle bears the dis- tinguishing license plate authorized by said section two of said chapter ninety or for any vehicle transporting a handicapped person and displaying the special identification plate authorized by section two of chapter ninety or for any vehicle bearing the official identification of a handicapped person issued by any other state, or any Canadian Province, according to the.following formula:-- If the number of parking spaces in any such area is more 'than fifteen but not more than twenty-five, one parking space; more than twenty-five but not more than forty, five per cent of such spaces but not less than two; more than forty but not more than one hundred, four per cent of such spaces but not less than three; more than one hundred but not more than two hundred, three per cent of such spaces but not less than four; more than two hundred but not more than five hundred, two per cent of such spaces but not less than six; more than five hundred but not more than one thousand, one and one-half per cent of such spaces but not less than ten; more'than one thousand but not more than two thousand, one per cent of such spaces but not less than fifteen; more than two thousand but less than five thou- 0 2011 Thomson Reuters. No Claim to Orig. US Gov. Works.~j 52 " Y M.G.L.A. 40 § 21 Page 4 sand, three-fourths of one per cent of such spaces but not less than twenty; and more than five thousand, one-half of one per cent of such spaces but not less than thirty. (b) Parking spaces designated as reserved under paragraph (a) shall be identified by the use of above-grade signs with white lettering against a blue background and shall bear the words "Handicapped Parking: Special Plate. Re- quired. Unauthorized Vehicles May be Removed at Owner's Expense". The spaces shall be as near as possible to a building entrance or walkway, shall be adjacent to curb ramps or other unobstructed methods permitting sidewalk access to a handicapped person and shall be at least 8 feet wide, not including the cross hatch access aisle as defined by the architectural access board established in section 13A of chapter 22. The cross hatch access aisle abutting a handicapped parking space shall be considered part of the handicapped parking space to which it abuts to provide individuals who use wheelchairs or other mobility aids with sufficient space to enter and exit their vehicles. No per- son shall park in the cross hatched access aisle. (24) For prohibiting or regulating the standing or leaving of vehicles unattended within parking spaces designated as reserved for vehicles owned and operated by disabled veterans or handicapped persons and within certain other ar- eas. An ordinance or by-law made under this section shall prohibit or regulate the leaving of unauthorized vehicles within parking spaces, including the cross hatch areas, designated for use by disabled veterans or handicapped per- sons as authorized by clause (23) or in such a mariner as to obstruct a curb ramp designed for use by a handicapped person as a means of egress to a street or public way. The penalty for a violation of an ordinance or by-law made under this section shall be not less than $100' nor more than $300 and shall provide for the removal of the vehicle in accordance with section 22D. This penalty shall not be a surchargeable offense under section 113B of chapter 175. CREDIT(S) Amended by St.1941, c. 346, § 1; St.1949, c. 98; St.1951, c. 352; St.1952, c. 594; St.1953, c. 319, § 8; St.1953, c. 402; St.1954, c. 213; St.1955, c. 24; St.1956, c. 509; St.1957, c. 436; St.1959, c. 220; St.1961, c. 383; St.1965, c. 316; St.1967, c. 870; St.1969, c. 383; St.1970, c. 470; St.1971, c. 83; St.1973, c. 317; St.1973, c. 806, § 1; St.1974, c. 424, § 1; St.1975, c. 107; St.1977, c. 401, § 1; St.1981, c. 109; St.1981, c. 644, § 1; St.1985, c. 632, § l; St.1986, c. 251, § 1; St.1990, c. 326, ~ l; St.1991, c. 468; St.2000, c. 384, 4 9; St.2002, c..450, 1, 2; St.2008, c. 76, U 1, 2, eff. July 9, 2008. Current through the 2010 2nd Annual Session (C) 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. END OF DOCUMENT © 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. b 53 Hechenbleikner, Peter From: Frederick Van Magness [vanmagness@verizon.net] Sent: Monday, April 04, 2011 10:28 AM To: Reading - Selectmen Cc: Hechenbleikner, Peter; Zager, Jeff; Feeley, Paul; toni.cook@covad.net Subject: Fwd: State fund for Sidewalks Hi all, Please follow the email string below and and snow shoveling implications. Interesting response for sidewalks on North Main St. and Franklin. I did not ask about the recent downtown renovations or what might happen on West St. during the upcoming reconstruction of that historic roadway but there may be implications there as well. I expect a significant turnout for the selectmen's meeting on April 12th to discuss this warrant article. Just want you to keep everyone informed. Fred Begin forwarded message: From: "Crupi, Andrea (HOU)" <Andrea.Crupi@mahouse.gov> Date: April 4, 2011 9:40:41 AM EDT To: "van magness@verizon.net" <vanmagness@verizon.net> Subject: RE: State fund for Sidewalks Dear Mr. Van Magness- Representative. Jones asked me to respond to your recent e-mail regarding the maintenance of sidewalks in Reading on North Main Street and Franklin Street that were funded through a state grant. just heard back from the Executive Office of Transportation regarding this matter and was informed that once a state funded project like the one you inquired about is completed the state signs over responsibility of the maintenance to the town. At that time, the maintenance duties that the town becomes responsible for are snow and ice removal, potholes and other surface repairs that are necessary. If you have any other questions regarding this or any other matter, please do not hesitate to contact me. Best regards, Andrea Andrea M. Crupi Office of House Minority Leader Bradley H. Jones, Jr. State House, Room 124 Boston, MA 02133 (617) 722-2100 54 ~ 0 -----Original Message----- From: Jones, Bradley - Rep. (HOU) Sent: Wednesday, March 30, 2011 10:15 AM To: Frederick Van Magness Cc: Barnes, Lauren (HOU); Carisella, Brittany Subject: RE: State fund for Sidewalks We can take a look but, my recollection is that the grant was silent on the matter but that as local' streets the sidewalks on Franklin would be a local matter while I will have to check on North Main Street. -----Original Message----- From: Frederick Van Magness [mailto:vanmagness@verizon.net] Sent: Wednesday, March 30, 2011 9:01 AM To: Jones, Bradley - Rep. (HOU) Subject: State fund for Sidewalks Hi Brad, Would appreciate your having some minor research done by one of your staff. members. When you obtained funds for the Town of Reading to construct sidewalks on North Main Street and Franklin St., a number of years ago, were there any stipulations on the fund grants that the town would be responsible for maintenance? I'd like to see any exact words that came with the two grants you obtained. Thanks, Fred Van Magness Sr. 243 Franklin St., Reading, MA SF g 55 Page 1 of 4 Hechenbleikner, Peter From: LeLacheur, Bob Sent: Sunday, April 03, 2011 8:08 PM To: Hechenbleikner, Peter Subject: FW: Article # 21 Snow and Ice Removal From: Frederick Van Magness [mailto:vanmagness@verizon.net] Sent: Sunday, April 03, 20115:00 PM To: Finance Subject: Fwd: Article # 21 Snow and Ice Removal Bob, I had a nice conversation with Marsie West this afternoon about Article 21. I asked for her email address and she suggested I send this information through you so that you could get it in the hands of the Finance Committee as a group and as part of public record, since they have not taken action on this article as of this date. Thanks in advance for forwarding it to their. I will also send two other emails on the same subject and would ask that you forward them as well to the Finance Committee. Thanks, Fred Van Magness Sr. Begin forwarded message: From: Frederick Van Magness <vanmagness a_)verizon.net> Date: March 29, 2011 10:42:30 PM EDT To: Selectmen Reading <selectmenCEDci.reading. ma.us>, Hechenbleikner Peter <phechenbleikner apci.readinc .ma.us> Cc: Zager Jeff <jzager@ d. read in _ma.ua> Subject: Article # 21 Snow and Ice Removal As promised at tonight's selectmen's meeting, following is a list of my concerns relative to Article #21 as proposed: 1. Liability ( A HUGE ISSUE) - I cannot purchase insurance-to insure a liability for property that I do not own. And even if I could buy insurance, it would mean an extra out-of-pocket cost to me personally that I do not pay for today. Will the town provide a written release of liability to each and every property owner that may be impacted by this article if it is passed? If a resident shovels/plows the snow from a neighbors sidewalk since they may be away or are elderly, who is liable for a claim due to negligent maintenance? 2. Notice - How will the town notify each property owner of the requirement& to implement this article? The town just cannot issue a, list of streets in the newspapers, since not everyone gets the newspaper in Reading and it would not constitute legal due notice. Also, not every property on a street would be impacted. For Main Street as an example; it is probably sections of the street, but not all. Will the town provide ANNUAL certified mail notices, return receipt required, to each property owner so that the town'will have a record of notice being given should a claim for injury be made on an improperly maintained sidewalk? How will notice be handled to properties that changes hands during the winter 4/7/2011 56 SO Page 2 of 4 due to home sales, foreclosures, etc.? Unless there is a deeded encumbrance, how would future owners know? 3. Encumbrance - should this By-Law be passed, will the town require a recording at the Registry of Deeds mandating the required maintenance? Note, the Reading Conservation Commission requires deed restriction recordings to ensure compliance with the Conservation By-laws. So if this is the standard, why would the BOS not require a deed restriction be placed on the record to inform future potential owners? If a deed is to be recorded, who will pay. for the cost to record same and who in town will maintain a file of recorded deed restrictions? 4. Certain areas of the town are no salt or low salt in the Aquifer Protection District. Will the town require the use of non-salt products for ice control on sidewalks and if so, at who's cost? 5. Who will provide the sand, salt, or alternative chemicals to be used to control ice or snow accumulations? Will the. town supplies be available to residents at the DPW garage? Who from the DPW will load sand/salt for residents use? After all, we would not want a resident to be hurt at the DPW facility. 6. Please provide specific examples of exactly when snow/ice must be removed in accordance with the time limits (i.e.: for residents, within eight hours between sunrise and sunset after such snow and ice have come upon the sidewalk.... for businesses, use the similar times in the By-Law) in the proposed By-Law, for the following: For sake of discussion, assume winter Sunset is 4:30PM and Sunrise is 7AM. Please provide separate times for clearance of snow/ice for Residents and Businesses Snow stops at 7AM weekday....snow must be cleared for resident by , businesses by (do this for all examples below) Snow stops at midnight we Snow stops at 5PM weekday Snow stops at 5PM Saturday Snow stops at IPM Saturday Snow stops at noon on Sunday Based on the By-Law wording and specific times that snow may stop falling, it is clear to me that all snow WILL NOT be removed from sidewalks in sufficient time for students to walk unencumbered to school. Asa result, if sidewalks are only partially cleared, there is a safety issue for schools. Will schools have more delayed openings? Will students be forced into the road for added safety issues? 7. There are numerous places in Reading where there is not 36 inches of sidewalk area ( specific criteria in By-Law). One in particular is about 500 north of Birch Meadow Drive on the west side of Main. Since this is on Main St. and is a school route, please advise how the resident will be able to comply, when even the Town cannot. Note, the only exclusion from compliance is due to the demonstration of extremehardship due to health and financial distress. There is no relief for unusual property configurations. 8. How will the town handle snow removal from sidewalks that the BOS has granted an exemption due to extreme health and financial distress? How will the exemption be granted... procedure, criteria, financial limits per household or per owner, etc.? Will people be required to disclose their financial tax returns? Will the Police Department, as the enforcement entity, have a list of exempted properties? Who. will maintain the list? Will the DPW clear these exempted properties within the same time criteria as for 4/7/2011 57 ,)0 Page 3 of 4 residents? 9. Section 5.19.5 specifically says that no person can cause snow, etc. to be placed on any street, sidewalk, etc. I believe this is. the same as current By-Law. However, the requirement for businesses to shovel the full width of their sidewalk means they have no place to put the snow. What do you anticipate they will need to do with snow that falls on the sidewalks in front of their property that they must shovel off? Will they have to hire a contractor to haul the snow away? Remember, these are tough financial times for all, residents and businesses. Is this what our Economic Development Committee is endorsing as a pro-business initiative? 10. In the supporting materials in the Town Warrant, it states the cost of sidewalk snow removal in the northerly and southerly areas costs $40 per mile. If I assume each residence has 100 ft of frontage, this works out to a cost of approx. $0.80/storm (80 cents) for each residence. For 18 storms (see calculation below), this amounts to $14.40 yearly per residential property impacted by the By-Law to have the town do the work. Is it really worth it to push this issue once again? If this revenue is so important to the town, then come up with a $5 fee to be tacked on to the Storm water fee for ALL Residents and businesses and continue to provide the service. After all, most residents walk on one sidewalk or another in town. 11. Using data from the warrant article, assuming 43 miles @ $40/mile plus $658 for business area, this equates to $2378 per storm. The estimate of total cost of $44,000 divided by $2378 means we had 18 plowable storms this winter in the towns assumptions. A homeowner that would have to contract with a service to shovel a sidewalk would cost between $35-50/storm (FVM Estimate). On 18 storms, this represents an extra cost of $630 - $900 EXTRA costs for each homeowner that cannot do the work themselves or are away during the winter (added out-of-pocket costs to Seniors and retirees). Larger sidewalk areas would probably cost proportionately more. The town does not sand or salt sidewalks today but now requires in this By-Law that residents do this work, all at ADDED cost beyond the numbers above. Over 10 years, the cost for the town to plow residential sidewalks is $144 per property but $6300-9000 if residents pay for it individually. Am I missing something?. 12. Enforcement - for residents who may be away, what is the specific ticketing procedure that the Police will use. For properties that are vacant or owners are away, how will they know they have been ticketed? Once a ticket has been issued for a storm, will the Police automatically revisit the property every day (remember the penalty is $25 PER DAY) and issue another ticket each day the violation remains? If not, why not? Where will they place the ticket? Will it be mailed? Will they ring the bell? 13. Looking at the comparable community statistics provided, you should note that 8 out of the 11 communities have no regulations or the town clears some selected sidewalks. Of the 6 communities that Reading touches, in 4 of the 6 the town clears selected sidewalks. This list may not be the full list, but it is a good start for now. Let me say for the record, I understand what is being attempted by the town to try and cut costs and as a fiscal conservative, I am in favor of any possible cost reduction opportunities. However, this particular By-Law has embedded problems galore. I find it very discriminatory for the people who, by no fault of their own, happen to have a sidewalk in front of their property that is a designated walk route. If the town is going to place this type of a requirement on residents, then place it ON ALL RESIDENTS who have a sidewalk, just on an unlucky few on. the designated routes. Being forced to assume a liability for something I cannot insure is particularly troubling to me, as I refuse to risk any of my financial assets for the potential of being at fault for negligence in maintenance of a town owned property. Frankly, Pd rather pay the fine. Concerning businesses, this is also an anti-business issue that hurts the very 4/7/2011 58 Page 4 of 4 lifeblood of a vibrant community central business district that the town/BOS has been trying to cultivate in recent years with a new downtown, etc. etc.. The extra costs for some residents on these selective routes can be high, especially for seniors who may not be able to shovel for themselves. From an enforcement point, I realistically think it is not enforceable without a dilution of limited police resources. Do we want the snow-police or the crime-police in Reading? It is obviously choices we must all make. I ask the BOS take a leadership position by indefinitely postponing this article at Town . Meeting. Let's instead work on compost sticker costs and depot parking stickers that are priced to market. 4/7/2011 59 Hechenbleikner, Peter From: Frederick Van Magness [vanmagness@verizon.net] Sent: Sunday; April 03, 2011 8:38 AM To: Reading - Selectmen; Hechenbleikner, Peter Cc: Zager, Jeff Subject: Sidewalk Plowing Article #21:..Info request #3 Hi all, Sorry about all-these emails, but I continue to find questions concerning the proposed article ##21 and per the last BOS meeting, you asked for my issues and concerns in advance of the April 12th BOS meeting. Concerning the fine for non-compliance, the draft article #21 states Violations of this section shall be punishable by a fine of $25 per day......." This fine applies to all sections of the proposed By- Law.. residences, businesses, and apartments/condominiums. In researching various aspects of this program, I discovered that the Massachusetts General Laws, Chapter 85, Section 5 titled "Removal of snow and ice from sidewalks by abutting landowners penalties" states as follows: "Cities by ordinance and towns by by-laws may provide for the removal of snow and ice from sidewalks within such portions of the city or town as they consider expedient by the owner or occupant of land abutting upon such sidewalks. Such ordinances and by-laws shall determine the time and manner of removal and shall affix penalties, not exceeding fifty dollars in the case of a city or ten dollars in the case of a town, for each violation thereof." The above citation of the Chapter 85, Section 5 MGL was obtained on-line yesterday, April 2, 2011, and I could find nothing to supersede it. As you can see, there is a difference in the town violation penalty of "not exceeding" $10 that the MGL sets vs. the $25 contained in the draft by-law. Please review so we can have a clear answer as to what forms the legal basis of the variation on the 12th. Sincerely, Fred Van Magness SR 243 Franklin St. Reading, MA 01867 781-944-0537 ~'F13 60 Hechenbleikner, Peter From: Frederick Van Magness [vanmagness@verizon.net] Sent: Friday, April 01, 2011 10:21 AM To: Reading - Selectmen; Hechenbleikner, Peter Cc: Zager, Jeff Subject: Sidewalk Plowing Article #21...Info request #2 Hi all, As I noted in my prior emails, I may have other questions concerning Article #21, as follows: 1. Specifically concerning Main Street (Route 28), Lowell Street and Salem Street (Route 129), all being State numbered highways, I assume (but maybe incorrectly) the sidewalks along these roads are in the current state road right of way. Question #1 - please confirm who owns the fee under the area where the sidewalks on these roads are located ...is it the Reading or is it the State? Question #2 - if the State owns the fee, can a By-Law of the Town of Reading mandate property owner removal of sidewalk snow on sidewalk land that is not owned by the town? You may need a legal opinion on this. 2. Section 5.19.1 requires "the owner or occupant......" to cause snow, etc. to be removed. How can the town require renters (occupants) to perform this maintenance? Isn't the town's sole remedy against property owners? In the case of a fine or ticket being issued,.will the police ticket the owner or the occupant? How will they know the difference? How much time will it take for them to get the name and address of the owner to issue the ticket and will the tickets be mailed so as to be sure the owner is noticed? Will a ticket to the. occupant constitute a lien on the property? If a ticket is unpaid, will the enforcement be through the Registry of Motor Vehicles like normal police tickets? How will unpaid tickets be processed? 3. Section 5.19.1 requires snow removal on paved sidewalks designated as "walking routes". Is there a specific distinction between a walking route and all sidewalks? The background material accompanying the article in the very first sentence says "This article would require all property owners to clear snow and ice from sidewalks abutting their property"..It therefore appears to be the intent of this proposed By-Law to encompass ALL sidewalks, not just walking routes. Please confirm. 4. Businesses are required to remove all snow from the entire width'of the sidewalk. In the downtown, some sidewalks are maybe 20-30 feet wide ...such as in front of CVS and Walgreens. Therefore, it appears these businesses will have more sidewalk to plow and sand vs. others because of the new downtown alignments. Please confirm. 5. Have the schools been notified that snowstorm snow/ice removal may not happen to allow all school walking routes to be open for walking until the end of the day after snow stops falling? For example, if a storm ends at 5PM, snow does not have to be removed until sunset the nextday. In today's world, the DPW would usually have the school sidewalk routes open by 7AM the next day and school could open on time. With this requirement passed on to residents if this By-Law passes, the schools could be adversely impacted by potentially having students walking in the streets since sidewalks might not be cleared by 7AM, representing a substantial safety issue. Is the School Committee and Superintendent on board and understand this new By-Law? If a student is hit by a car walking on the street because the sidewalks are not shoveled AND the By-Law does not require i f ' 61 J N removal until 8 hours after a storm between sunrise and sunset, who would be liable in a suit ? How many extra snow days might be needed in next years school calendar? Thanks, Fred Van Magness Sr 243 Franklin St., Reading, MA 01867 62 ~Ffs Schena, Paula From: Hechenbleikner, Peter Sent: Thursday, March 31, 2011 5:10 PM To: Schena, Paula Subject: FW: shoveling sidewalks Board of Selectmen next meeting Peter I. Hechenbleikner Town Manager . Town of Reading 16 Lowell Street Reading MA 01867 Please note new Town Hall Hours Monday, Wednesday and Thursday: 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 effective June 7, 2010: 7:30 a.m - 5:30 p.m. us Please let us know how we are doing - fill out our brief customer service survey at http://readingma-survey.virtualtownhall.net/survey/sid/887434dd9e2l3Ob7/ -----Original Message----- From: Judith Kramer [mailto:jekcmr@yahoo.com] Sent: Wednesday, March 30, 2011 7:08 PM To: Hechenbleikner, Peter Subject: shoveling sidewalks Hi Peter, Just want to express my opinion regarding homeowners shoveling sidewalks. The sidewalk does not belong to me and I personally don't even have one where I live. I shouldn't be made liable for something I do not own and I speak for anyone who does have one in front of their house. There are so many people with health issues that make it impossible for them to shovel or plow. I think the taxes we pay now should cover the town taking care of this issue and especially since the town owns the property, it is the town's. responsibility. Did you ever try to find a kid to shovel your driveway? Most kids are above shoveling and so many people couldn't afford it even if they found a kid to do it. Please give my opinion your consideration. I will be watching to. see how the April meeting goes. Thanks. Hope you and Susan are well. Judi Kramer 63 Hechenbleikner, Peter From: Frederick Van Magness [vanmagness@verizon.net] Sent: Wednesday, March 30, 2011 8:54 AM To: Hechenbleikner, Peter Cc: Reading - Selectmen Subject: Re: Article 21 Legal citation.... Peter, Thanks for your note. The cite I passed on was, from what I could tell, from the current case in 2010 with the SJC(SJC-10529). It was footnote #11 contained within the case. This legal stuff is very murky. From what I read in the case, it concentrated on natural vs. unnatural snow/ice collections and the issues associated with private property owners needs to remove same from the sidewalks, etc. within their privately owned property. I did not read any words that said that the new case now specifically requires property owners to remove natural snow accumulations from public property. Maybe we need to add a few bucks (less than $5) to the annual Storm Water Management fee to cover snow plowing of school routes and downtown, spreading the cost over everyone in the community, including businesses. We do storm water management for the benefit of all in the community.... seems like walkable sidewalks in and around the town, including downtown, also benefits the community at large. I also seem to recall.... maybe inaccurately... that when Reading received funds years ago from the state for sidewalks on north Main St. and recently for westerly Franklin St, there was noted that the town would be required to maintain the sidewalks. Not sure if it was ever determined what maintaining involved, but one could easily suggest that keeping the walks free for winter safe passage would fit under maintenance, just as much as filling in cracks or holes for safe passage in better weather. My issues with this article have always been.... 1. Liability/Liability/Liability, 2. Enforceability, 3. Discrimination against some, 4. Cost and physical impact to Seniors, 5. Reasonableness, and 6. Adverse impact to downtown business. Fred On Mar 30, 2011, at 8:03 AM, Hechenbleikner, Peter wrote: Fred That cite was the case that was binding before the recent case, and the recent case now supplants the 1938 case. 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 ell 1 64 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:Hreadingma- survey.virtualtownhall. net/survey/sid/887434dd9e2130b7/ -----Original Message----- From: Frederick Van Magness [mailto:vanmagness@verizon.net] Sent' Tuesday, March 29, 2011 11:37 PM To: Reading - Selectmen; Hechenbleikner, Peter Subject: Article 21 Legal citation.... found the following in a slip opinion of the Papadopoulos case. Most of the case was devoted, to natural vs. unnatural accumulations of snow/ice on private property. It was interesting to read the comments. Seems the case law is not all that clear. I'm sure Town Counsel can clear this up. Seems like if it got there naturally, no liability, but if you cleaned it up, you could be liable. Seems a little murky to me. Fred SJC-10529 EMANUEL PAPADOPOULOS & another1 vs. TARGET CORPORATION2 & another.3 Suffolk. February 8, 2010. July 26, 2010. 11 There was a third legal track, not relevant here, for injuries suffered by a plaintiff on a public way, including a sidewalk and roadway, that abutted a, defendant's property. "The owner or occupant of premises abutting on a public way is under no obligation to keep the sidewalk free of snow or ice which came there from natural causes." Bamberg v. Bryan's Wet Wash Laundry, Inc., 301 Mass. 122, 123-124 (1938). The owner of land abutting a sidewalk on which the injury occurred, even if the owner had an easement of travel on the sidewalk, was liable only if the dangerous condition was created by the owner or its employees, or by "the physical state of its abutting land or of structures thereon under its control." Id. at 124. See Mahoney v. Perreault, 275 Mass. 251, 253-254 (1931), and cases cited. ZS 65 Page 1 of 3 Hechenbleikner, Peter From: Frederick Van Magness [vanmagness@verizon.net] Sent: Tuesday, March.29, 2011 10:43 PM To: Reading - Selectmen; Hechenbleikner, Peter Cc: Zager, Jeff Subject: Article # 21 Snow and Ice Removal As promised at tonight's selectmen's meeting, following is a list of my concerns relative to Article #21 as proposed: 1. Liability (A HUGE ISSUE) - I cannot purchase insurance to insure a liability for property that I do not own. And even if I could buy insurance, it would mean an extra out-of-pocket cost to me personally that I do not pay for today. Will the town provide a written release of liability to each and every property owner that may be impacted by this article if it is passed? If a resident shovels/plows the snow from a neighbors sidewalk since they may be away or are elderly, who is liable for a claim due to negligent maintenance? 2. Notice - How will the town notify each property owner of the requirements to implement this article? The town just cannot issue a list of streets in the newspapers, since not everyone gets the newspaper in Reading and it would not constitute legal due notice. Also, not every property on a street would be impacted. For Main Street as an example, it is probably sections of the street, but not all. Will the town provide ANNUAL certified mail notices, return receipt required, to each property owner so that the town will have a record of notice being given should a claim for injury be made on an improperly maintained sidewalk? How will notice be handled to properties that changes hands during the winter due to home sales, foreclosures, etc.? Unless there is a deeded encumbrance, how would future owners know? 3. Encumbrance - should this By-Law be passed, will the town require a recording at the Registry of Deeds mandating the required maintenance? Note, the Reading Conservation Commission requires deed restriction recordings to ensure compliance with the Conservation By-laws. So if this is the standard, why would the BOS not require a deed restriction be placed on the record to inform future potential owners? If a deed is to be recorded, who will pay for the cost to record same and who in town will maintain a file of recorded deed restrictions? 4. Certain areas of the town are no salt or low salt in the Aquifer Protection District. Will the town require the use of non-salt products for ice control on sidewalks and if so, at who's cost? 5. Who will provide the sand, salt, or alternative chemicals to be used to control ice or snow accumulations? Will the town supplies be available to residents at the DPW garage? Who from the DPW will load sand/salt for residents use? After all, we would not want a resident to be hurt at the DPW facility. 6. Please provide specific examples of exactly when snow/ice must be removed in accordance with the time limits (i.e.: for residents, within eight hours between sunrise and sunset after such snow and ice have come upon the sidewalk.... for businesses, use the similar times in the By-Law) in the proposed By-Law, for the following: For sake of discussion, assume winter Sunset is 4:30PM and Sunrise is 7AM. 4/7/2011 66 oe,O~q._. Page 2 of 3 Please provide separate times for clearance of snow/ice for Residents and Businesses Snow stops at 7AM weekday.... snow must be cleared for resident by , businesses by (do this for all examples below) Snow stops at midnight weekday Snow stops at 5PM weekday Snow stops at 5PM Saturday Snow stops at 1PM Saturday Snow stops at noon on Sunday Based on the By-Law wording and specific times that snow may stop falling, it is clear to me that all snow WILL NOT be removed from sidewalks in sufficient time for students to walk unencumbered to school. As a result, if sidewalks are only partially cleared, there is a safety issue for schools. Will schools have more delayed openings? Will students be forced into the road,for added safety issues? 7. There are numerous places in Reading where there is not 36 inches of sidewalk area ( specific criteria in By-Law). One in particular is about 500 north of Birch Meadow Drive on the west side of Main. Since this is on Main St. and is a school route, please advise how the resident will be able to comply, when even the Town cannot. Note, the only exclusion from compliance is due to the demonstration of extreme hardship due to health and financial distress. There is no relief for unusual property configurations. 8. How will the town handle snow removal from sidewalks that the BOS has granted an exemption due to extreme health and financial distress? How will the exemption, be granted... procedure, criteria, financial limits per household or per owner, etc.? Will people be required to disclose their financial tax returns? Will the Police Department, as the enforcement entity, have a list of exempted properties? Who will maintain the list? Will the DPW clear these exempted properties within the same time criteria as for residents? 9. Section 5.19.5 specifically says that no person can cause snow, etc. to be placed on any street, sidewalk, etc. I believe this is the same as current By-Law. However, the requirement for businesses to shovel the full width of their sidewalk means they have no place to put the snow. What do you anticipate they will need to do with snow that falls on the sidewalks in front of their property that they must shovel off? Will they have to hire a contractor to haul the snow away? Remember, these are tough financial times for all, residents and businesses. Is this what our Economic Development Committee is endorsing as a pro-business initiative? 10. In the supporting materials in the Town Warrant, it states the cost of sidewalk snow removal in the northerly and southerly areas costs $40 per mile. If I assume each residence has 100 ft of frontage, this works but to a cost of approx. $0.80/storm (80 cents) for each residence. For 18 storms (see calculation below), this amounts to $14.40 yearly per residential property impacted by the By-Law to have the town do the work. Is it really worth it to push this issue once again? If this revenue is so important to the town; then come up with a $5 fee to be tacked on to the Storm water fee for ALL Residents and businesses and continue to provide the service. After all, most residents walk on one sidewalk or another in town. 11. Using data from the warrant article, assuming 43 miles @ $40/mile plus $658 for business area, this equates to $2378 per storm. The estimate of total cost of $44,000 divided by $2378 means we had 18 plowable storms this winter in the towns assumptions. A homeowner that would have to contract with a service to shovel a sidewalk would cost between $35-50/storm (FVM Estimate). On 18 storms, this represents an extra cost of $630 - $900 EXTRA costs for each homeowner that cannot do the work themselves or are away during the winter (added out-of-pocket costs to Seniors and retirees). Larger 4/7/2011 67 Page 3 of 3 sidewalk areas would probably cost proportionately more. The town does not sand or salt sidewalks today but now requires in this By-Law that residents do this work, all at ADDED cost beyond the numbers above. Over 10 years, the cost for the town to plow residential sidewalks is $144 per property but $6300-9000 if residents pay for it individually. Am I missing something? 12. Enforcement - for residents who may be away, what is the specific ticketing procedure that the Police will use. For properties that are vacant or owners are away, how will they know they have been ticketed? Once a ticket has been issued for a storm, will the Police automatically revisit the property every day (remember the penalty is $25 PER DAY) and issue another ticket each day the violation remains? If not, why not? Where will they place. the ticket? Will it be mailed? Will they ring the bell? 13. Looking at the comparable community statistics provided, you should note that 8 out of the 11 communities have no regulations or the town clears some selected sidewalks. Of the 6 communities that Reading touches, in 4 of the 6 the town clears selected sidewalks. This list may not be the full list, but it is a good start for now. Let me say for the record, I understand what is being attempted by the town to try and cut costs and as a fiscal conservative, I am in favor of any possible cost reduction opportunities. However, this particular By-Law has embedded problems galore. I find it very discriminatory for the people who, by no fault of their own, happen to have a sidewalk in front of their property that is a designated walk route. If the town is going to place this type of a requirement on residents, then place it ON ALL RESIDENTS who have a sidewalk, just on an unlucky few on the designated routes. Being forced to assume a liability for something I cannot insure is particularly troubling to me, as I refuse to risk any of my financial assets for the potential of being at fault for negligence in maintenance of a town owned property. Frankly, I'd rather pay the fine. Concerning businesses, this is also an anti-business issue that hurts the very lifeblood of a vibrant community central business district that the town/BOS has been trying to cultivate in recent years with a new downtown, etc. etc.. The extra costs for some residents on these selective routes can be high, especially for seniors who may not be able to shovel for themselves. From an enforcement point, I realistically think it is not enforceable without a dilution of limited police resources. Do we want the snow-police or the crime-police in Reading? It is obviously choices we must all make. I ask the BOS take a leadership position by indefinitely postponing this article at Town Meeting. Let's instead work on compost sticker costs and depot parking stickers that are priced to market. 4/7/2011 68 SF-z,., ~ Board of Selectmen Meeting March 15, 2011 For ease of archiving, the 'order that items appear in these minutes reflects the order in which the items appeared on the agenda for that meeting, and are not necessarily the order in which any item was taken up by the Board. The meeting convened. at 7:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman James Bonazoli, Vice Chairman Camille Anthony, Secretary Richard Schubert, Selectmen Stephen Goldy and Ben Tafoya, Town Manager Peter Hechenbleilmer, Assistant Town Manager/Finance Director Bob LeLacheur, Office Manager Paula Schena and the following list of interested parties: Thomas J. Ryan, Bill Brown, Carol Shapiro, Joan Neary, John Weston, Diane Weggel, Mary Avery. Reports and Comments Selectmen's Liaison Reports and Comments - Stephen Goldy indicated he will be attending a hearing with the Town Manager re: public service committees. He has also received calls regarding-the aquifer protection district and would like this put on an agenda. Camille Anthony noted she attended an Economic Development Committee meeting and they are planning on purchasing baskets, banners and wreaths. She also noted that there are still double poles and she requested a list from the Light Department. Richard Schubert offered condolences to the victims of the earthquake and tsunami in Japan. James Bonazoli indicated he will be attending a ribbon cutting at Golf Town. The Mattera Cabin ribbon-cutting will be April 30th and Reading United Soccer and Reading Lacrosse will be asking for a Sunday morning exception for practices. Public Comment - Bill Brown noted that Verizon tools down four double poles today on Birch Meadow. Resident Tom Ryan indicated he feels the Mattera Cabin is a "white elephant" and noted that the Town lost $9,000 in tax revenue when the Town purchased the property. James Bonazoli noted that the Town received a sizable grant that paid for materials and the vocational school is doing the work. Jordan's Furniture and other businesses have also made donations. Camille Anthony noted that the cabin is a wonderful building that the community can use and it will add to the quality of life in Reading. Town Manager's Report - The Town Manager gave the following report: Administrative Matters ® The environmental cleanup at the RMLD property on Causeway Road has reached an end point, with all tests being below detectable levels for PCB's. ® I attended and testified with Stephen Goldy at the Joint Committee on.Public Service's hearing on municipal health insurance. 69 Lo-, Board of Selectmen Meeting - March 15, 2011 - page 2 Community Development ® The Board of Selectmen has a copy of the latest results from the Cultural Council survey. The comments are especially worth noting. ® Grumpy Doyle's has submitted a request to use paper cups on. St. Patrick's Day. Chief Cormier is okay with it as long as they hire additional security and staff and the Board of Selectmen agreed with this. Public Safety ® The Police Chief has lifted the winter parking bans on several streets. Overnight parking is still restricted until April 1. Public Works The water and sewer bills have gone out and included is the very informative information in the Public Works Newsletter on upcoming events. ® Pothole patching began last week with the opening of the hot-top plants. Concentration is first on major roads, and then on minor streets. ® The hearing on the Safe Routes to Schools project is scheduled for Parker Middle School on April 14th at 7:00 p.m. ® Later this month our recycling and rubbish hauler JRM will begin their educational program in the elementary school classrooms. ® Final Conservation certificates have been issued for Walkers Brook Drive and for Collins Field. Construction Projects ® Construction on a number of projects will begin within a month or so. These include additional road projects for which funding is available, final work on Memorial Park, and re-paving of parts of Belmont Street and California Road following water and sewer work on those streets last year. ® There is a letter from Mass Housing in tonight's handout that denies'the application for the Splendid Splinter residences Assistant. Town Manager's Report - The Assistant Town Manager noted that the School Department goes before the Finance Committee tomorrow night. Next week will be an overview of benefits, DPW and enterprise. He also noted that the current cultural council survey is in tonight's handout and the Selectmen should find it interesting. Discussion/Action Items Presentation of Donation - Veterans Flower Fund - This was rescheduled to March 29. Update - Economic Development Summit - James Bonazoli noted that many communities are trying to revitalize their downtown. Newburyport is changing their bylaws to mold what it looks like now. He suggests having Michael Hunter from the state come in as a guest speaker. Ben Tafoya noted that most of what the state does will not fit Reading. He noted that Adam Bakke from Lowell did an opportunity study and he suggests that study be reviewed. He also suggested inviting businesses to Reading and giving them a toolkit with demographics. 70 b CIL- *_7i Board of Selectmen Meeting - March 15, 2011 - page 3 Camille Anthony indicated she would like to have someone from Newburyport come in. She also requested that someone follow up on the abandoned Getty Station - it's an eyesore. Hearing Rescind Policy on Land Bank Committee and Telecommunications and Technology Advisory Committee - The Secretary read the hearing notice. The Town Manager noted that we have been unable to fill the vacancies on these committees and staff has taken over the workload. He recommends rescinding the policies. A motion by Schubert seconded by Anthony to close the hearing on rescinding the Land Bank Committee and Telecommunications and Technology Advisory Committee policies was approved by a vote of 5-0-0. A motion by Goldy seconded by Tafoya to rescind the Land Bank Committee and Telecommunications and Technology Advisory Committee policies and re-number the remaining policies as appropriate was approved by a vote of 5-0-0. Macaroni Grille - New Officer and Change of Manager - The Town Manager noted that the Board needs to approve the new officers and change of manager. A motion by Goldy seconded by Anthony to approve the application from Mac Acquisition of Delaware d/b/a Romano's Macaroni Grill for new officers Norman Abdallah and Craig Rawls and the Change of Manager to Joshua Henderson, was approved by a vote of 5-0-0. Review Healthy Communities Program - Health Administrator Larry Ramdin gave an update to the Board of the Healthy Communities Program and passed out handouts to the Board. Mr. Ramdin noted that their goal is to promote a healthy lifestyle and lower the risks of chronic illnesses. He noted that Reading has a high stroke rate. Mr. Ramdin reviewed the Healthy Communities section of the website. Camille Anthony requested that handouts be available at the grand opening of the Mattera Cabin: Discussion - Regionalization of Health Services - The Town Manager noted that the Town did not qualify for the study grant, but we are in discussion with other communities. Board of Health member Barbara Meade indicated the Board has concerns about, moving. forward if we don't have a plan in place. The Town Manager indicated there will be a plan in place by July 1, 2011. The Selectmen formed subcommittees to get feedback from the Boards and Committees affected by the proposed administration cuts in hours: Ben Tafoya and Stephen Goldy with the Board of 'Health; Richard Schubert and Camille Anthony with the Conservation Commission; James Bonazoli and Stephen Goldy with the. Council on Aging. 71 b lk. 1 Board of Selectmen Meeting - March 15, 2011 - page 4 Review Options for South Street/Jacob Way Intersection for Pulte Homes - The Town Manager noted that Pulte went before CPDC for site plan review. The issue is South Street and Jacob Way. The original concept plan made Jacob Way the main roadway and South Street was to form a "T" alignment onto it. Pulte is proposing to make South Street the main roadway and align Jacob Way to form a "T" alignment onto it. Mark Mastroni, Pulte's Traffic Engineer, indicated that the existing conditions are awkward and the angles and sightlines do not work. The proposal will generate less traffic. The proposal is to keep South Street the same and realign Jacob Way to form a "T" alignment. The "T" alignment will be moved 220 feet from Main Street to give improved sight distance. They also propose to create a space for off street parking for neighbors. Camille Anthony noted that the resident at 362 South Street indicated the alignment looked different on two maps. Mr. Mastroni noted that is because snap 5 is an overlay. Headlights from cars will go into Calereso's parking lot - they will not touch his driveway. Traffic Engineer Dermot Kelly, Pulte's Traffic Consultant, reviewed the traffic counts. He noted that.the counts for the previous project were 210% higher. Alan Cloutier from Fay, Spofford and Thorndike noted that cuing up is very critical. He recommends three lanes on South Street if feasible and a short turn pocket to show no detrimental impact. He noted that three lanes would have a 60 foot cue and without the three lanes it would be a 120 foot cue. Dermot Kelly noted that there is no access line on Main Street inside of South Street so it would need Mass Highway approval. He noted there would be a problem lining up lanes across the street. The Town Manager noted that the Town's layout was a result of rezoning. The biggest complaint from residents was that South Street is straight and fast. The intersection needs to be signalized. There is also the issue of the Board of Realtors access and the Town would need to keep an easement. CPDC Chairman John Weston noted that CPDC is onboard with the plan. Chris Coleman, representing the Eastern Middlesex Board of Realtors noted that the Board is in support of Pulte's plan because it will provide much needed parking for the Eastern Middlesex Board of Realtors. Tom Loughlin, from Oak Street, noted that the green plan (the Town's) was the most expensive. He noted that it doesn't make sense for the Town to own Jacob Way. A resident from 348 South Street asked out of the 3,000 cars in the traffic study, how many will travel down South Street. Dermot Kelly noted there would be 19 cars an hour in the morning and 18 cars an hour in the evening. 72 ~~y Board of Selectmen Meeting- March 15, 2011 -page 5 Ryan Hoffman from South Street noted that he has children and has concerns with the volume of traffic. He noted that 'a sidewalk would be a benefit. John Weston suggested widening Jacob Way to have on-street parking. Marls Mastroni noted that they reduced the width of Jacob Way to add sidewalks and landscaping. James Bonazoli suggested just widening it at the mouth. Ben Tafoya indicated he would like to see the traffic reports before making a decision. He also wants to give other residents a chance to voice their opinion. He would like a response from Pulte regarding the widening of the mouth of the road. Chairman James Bonazoli directed the Town Manager to put this on the March 29"' agenda as a public hearing. Decision - Cemetery.Garage Next Steps - A motion by Anthony seconded by Goldy that the. Board of Selectmen endorse the further exploration of two sites. for the location of a new Cemetery Garage as outlined in the report from the DPW Engineering Division: ® Laurel Hill site +Forest Glen site And that the Town Manager is instructed to include in the Capital Improvement Program funding in FY 2013 for the design development for those two sites, and to utilize whatever other funds and other resources may be available prior to that date for further site evaluation and planning work. The motion was approved by a vote of 5-0-0. Discussion - Carry in/Carry out of Rubbish in Parks - The Board of Selectmen reviewed the background that DPW staff developed on whether or not carry in/carry out in parks and school grounds is viable. From the information learned to date, it does not appear that any community has completely solved the problem. The Board of Selectmen agreed to seek more information and to try to develop a program - perhaps on a pilot basis - at least at some of the parks. The Town Manager suggested that a site like Memorial Park might be ideal because it is not reserved for athletic use - it is more of a passive park. Approval of Minutes A motion by Anthony seconded by Goldy to approve the minutes of February 15, 2011 was approved by a vote of 5-0-0. A motion by Tafoya seconded by Goldy to adjourn the meeting at 11:15 p.m. was approved by a vote of 5-0-0. Respectfully submitted, Secretary 73 ( ~J Board of Selectmen Meeting March 29, 2011 For ease of archiving, the order that items appear in' these minutes reflects the order in which the items appeared on the agenda for that meeting, and are not necessarily the order in which any item was taken up by the Board. The meeting was convened at. 7:00 p.m. in the Selectmen's Meeting Room, 16 Lowell, Street, Reading, Massachusetts. Present were Chairman James Bonazoli, Vice Chairman Camille Anthony, Secretary Richard Schubert, Selectmen Stephen Goldy and Ben Tafoya, Town Manager Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur, Office Manager Paula Schena and the following list of interested parties: Ryan Hoffman, Paul McCarthy, Cromwell Schubarth, Diane Weggel. Reports and Comments Selectmen's Liaison Reports and Comments - James Bonazoli noted that he and Camille Anthony were at the Mattera Cabin and he showed a video clip that was taken while they were there. The grand opening will be April 30, 2011.. Richard Schubert asked about security when it does open and it was noted that it will be staffed with volunteers. Richard Schubert reminded everyone of the upcoming election. Stephen Goldy indicated he will be' attending the Chamber dinner tomorrow night and offered congratulations to all the nominees. Public Comment - Bill Brown noted that the door on the Mattera Cabin still swings in. State law requires it to swing out. Tom Ryan noted that there is no handicap parking-spot at the Mattera Cabin. Fred Van Magness indicated he will want to discuss Article 21 on the Warrant in detail. He will request that the Selectmen remove it from the Warrant. James Bonazoli indicated that review of the warrant has been rescheduled for April 12. Fred Van Magness also noted that the list of double poles is missing one in front of 237 Franklin Street. Toni Cook, 94 Salem Street noted that she was also there to request that Article 21 be removed from the Warrant. James Bonazoli noted that the Warrant has already closed so it cannot be removed from the Warrant. He advised Ms. Cook to be present at the meeting on April 12 and recommended that all questions be given to staff ahead of time. Town Manager's Report - The Town Manager gave the following report: . Administrative matters ® Election - April 5 0 There is a vacancy on the volunteer CPDC. 74 Board of Selectmen Meeting - March 29, 2011.- page 2 ® RCTV will have live election coverage at 7p.m. on April 5, 2011. Candidates have been invited to watch the election coverage in the RCTV screening room, State Reps Jones, Dwyer and Senator Clark plan to be at this "Election Night Open House". ® RCTV's Annual Meeting - Find out all about RCTV Thursday, April 7, 2011 at 7p.m. 7:00 p.m. Hors d'oeuvre & Equipment showcase 7:25 p.m. Studio "A" Dedication: Eugene Nigro 7:30 p.m. RCTV Annual Meeting - Annual Report Membership seat election to RCTV Board 7:45 p.m. Time Will Tell - RCTV Game Show hosted by Kevin Vendt (all questions are related to RCTV) 8:25 p.m. Dessert ® Reading's population according to the 2010 Federal Census is now 24,747 residents. ® 1 have given the double utility pole inventory to the Board of Selectmen. In the past year 127 double poles have been eliminated thanks to the Board of Selectmen initiative on this matter. Community Development Calereso's is getting ready to start their demo work getting ready for construction of their new facility on South Main Street. ® The former Getty Gas Station located at 306 Main Street has been an expressed concern for some time now. We have identified the contact person and initiated action to clean up the eyesore (this has been done). This property is owned by a REIT and is among a :portfolio of 800 other properties. Jean Delios has asked for information relative to their long term plans for the site. ® Yet an additional. underground storage tank has been discovered under the Mr. Saunders Tux Shop building located at 287 Main Street. Wednesday the Fire Department issued a Notice of Violation and an Order to address the issue by April 8, 2011. 0 The CPDC has approved a site plan for E-Car at the former Artist Shoppe site on South Main Street. ®'A blog by MassHousing references the recent denial of the "Splendid Splinter" 40b application - see this link htt :/p /bit.ly/eznIrric ® We are looking at joining other communities to create a regional Economic Target Area designation which will enable the town to be eligible for a range of economic development grants, and may make property owners eligible for certain state and/or federal tax credits. We will schedule this for Board of Selectmen discussion on 4/26, jointly with the EDC. ® The Board of Selectmen asked for an explanation of the off-street parking for the Reading Woods Development (Pulte). It is included in the Board of Selectmen packet. A news article made it sound like the total spaces to be provided was 369 spaces for 424 housing units. Those are just the outdoor spaces. Pulte has approval for a total of 895 parking spaces, but 68 spaces will not be built at this time. 75 ~bv Board of Selectmen Meeting - March 29, 2011 - page 3 Public Safety The State has established requirements for a Crowd Manager in certain establishments for an effective date of July 1. The Fire Chief is determining whether these requirements apply to any Reading establishments. Public Works 1. A Design Public Hearing will be held by MassDOT to discuss the proposed Walter S. Parker Middle School - Safe Routes to School project in Reading, MA. WHERE: Parker Middle School Auditorium 45 Temple Street Reading, MA 01867 WHEN: Thursday, April 14, 2011 at 7:00 PM ® Reading Recreation is proud to announce that they are now doing on-line registration at www.readini rec.com, Folks can access the site either through. www.readingma.goy . We will have some unique abilities such as email blasting folks by program and making updates from any computer as it is all internet based. Residents will be able to search by program or put in an age or grade to see all their options. There is also an overall savings on our credit card rate of more than I%. The summer magazine has also been sent to all households. ® The weeks of April 18th and May 2" d the rubbish contractor will pick up leaves in large paper bags at curbside on your regular collection day. ® The Compost Center opens April 1 and is operi Friday, Saturday, and Mondays for the months of April and May. Proclamations/Certificates of Appreciation Proclamation - Autism Month - Tom Foxon proclamation. and his daughter were present to receive the A motion by Schubert seconded by Anthony to proclaim April 2011 as "Autism Awareness Month" in the Town of Readinje was approved by a vote of 54=0. Proclamation - Start Walking Day - Everett and Virginia Blodgett and Virginia Adams from Walkable Reading were present. A motion by Tafoya seconded by Goldy to proclaim April 6; 2011 as "Reading Start Walking Day" in the Town of Reading was approved by a vote of 5-0-0. Personnel and Appointments Fall Street Faire Committee - No action taken at this time. Historical Commission - -A motion by Goldy seconded by Anthony that the Board of Selectmen accept the report of the Volunteer Appointment Subcommittee and confirm the following appointment to the following Boards, Committees and Commissions: 76 ~b3 Board of Selectmen Meeting - March 29, 2011 - page 4 ® Historical Commission o Sharlene Reynolds Santo for term expiring June 30, 2012 The motion was approved by a vote of 5-0-0. Discussion/Action Items Presentation of Donation - Veteran's Flower Fund Reading resident Dan McGrath was present. He made a donation of $4,000 in memory of his brother who passed away. Veteran's Agent Frank Driscoll noted that Mr. McGrath indicated he would like the entire donation to be available for expenditure. Highlights - Cemetery Record Search System - Assistant Town Manager Bob LeLacheur reviewed the online cemetery record search. As an example he looked up the record for Amos Potamia who died in 1858 and is one of two known slaves buried in Reading. The Assistant Town Manager noted that the software system was purchased for a very reasonable fee. Virginia Adams noted that during the bicentennial, many headstones were photographed and they might still be at the library. Re-Appointment of Town Accountant- A motion by Goldy seconded by Tafoya to reappoint Gail LaPointe as Town Accountant with a term expiring March 31, 2012 or until a successor is appointed was approved by a vote of 5-0-0. Review Audit'- Town Accountant Gail LaPointe and Auditor Eric Demas from Melanson and Heath were present. Mr. Demas noted that the audit went well and the records are reconciled and closed. Mr. Demas noted that over the last six fiscal years there has been a modest increase in funds - the Town has very stable operations. He noted that there is $6.3 million in reserves and bonding agencies will look at that. He noted that bond rating agencies would also look at how the reserve fund money is being used i.e. operations or capital. Mr. Demas noted that there is still one remaining item from the last audit regarding the receipts in the Town Cleric's office, but has learned that the Town is taking steps to take care of the issue by installing a cash register. Hearing - South Street/Jacob Way Intersection Design - The Secretary read the hearing notice. Reid Blute, the developer from Pulte Homes, and his team including Mark Mastroni, Mike Rizzotti and Dermot Kelly were present. The Town Manager noted that notices were sent to the abutters on South Street West of Main Street, and Curtis Street. The two options are to "T" Jacob Way onto South Street; or to "T" South Street onto Jacob way. There are also viable alternatives for access to the Eastern Middlesex Board of Realtors. 77 Gbq Board of Selectmen Meeting -March 29, 2011 -page 5 Reid Blute noted that CPDC approved the plan for Reading Woods last night - anticipating Selectmen's approval. They (Pulte Homes and CPDC) need to know which alternative to the intersection to move forward with. Mark Mastroni noted that,he drew up even more alternatives after the last Selectmen's meeting and he reviewed all of them with the Board. Nick Safina, member of CPDC, noted that CPDC's primary concern was southbound on Main Street. He noted that-a high speed right hand turn is not needed. Also the parking for the Board of Realtors doesn't work in the gray #4 plan. He prefers one lane in each direction and cuing. Chris Coleman from the Eastern Middlesex Board of Realtors indicated they don't need as many spaces as shown. He indicated that spaces along South Street could be used and parking along Jacob Way would also be good. He indicated that the Board of Realtors would be willing to make a portion of their land on South Street available if needed for an additional lane on South Street. There was much discussion regarding traffic counts and also the number of lanes on the other side of South Street and the consensus of the residents was that the green plan #3 was the best. Amotion by Goldy seconded by Tafoya to close the hearing *regarding the design of the intersection on South Street/Jacob Way was approved by a vote of 5-0-0. On motion by Goldy seconded by Anthony, the Board of Selectmen voted to approve the design of the intersection of South 'Street and Jacob Way as part of the improvements necessitated by the redevelopment of the former Addison Wesley Pearson site by Pulte Homes, subject to approval of the final details of the design and sequencing of the construction by the Community Planning and Development Commission, subject to local and state permitting requirements including Site Plan Review, Subdivision approval, Scenic Roadways, MassDOT, 40R, and any others that are applicable: The design as previously laid out by National Development which would create a "T" intersection of South Street into Jacob Way in the approximate location and design as shown on a conceptual plan shown during the public hearing as "Green Alternative 3: Parallel Parkin Spaces & Shifted South Street" to be finally approved by CPDC. The motion was approved by a vote of 5-0-0. The Board also indicated that they favor a scenario for the east and west bound lanes of South Street at Main Street which will provide for maximum traffic flow with the minimum of physical impact, including consideration of a design that would have an east and west bound lane width of "a lane and a half' allowing for motorist use of the additional width to make right turns while other traffic is cuing for straight and left turns. The Board understands that this decision is fully under the jurisdiction of the MASSDOT. Finally, it is the Town's intent to. name the continuous travel way of South Street from Main Street onto the point where the realignment reconnects with existing South Street, as South Street. 78 Board of Selectmen Meeting - March 29, 2011 - page 6 Request for Driveway Variance - The property developer and a purchaser of one of the duplex units requested a variance from the driveway requirements. Town Engineer George Zambouras explained the nature of the variance, and the plan approved by Engineering that would not require a variance. The purchaser has two driving aged sons and the development as. initially laid out does not have enough driveway space to accommodate the vehicles. The Board noted that the applicant is the same developer who requested and received a variance for a property on Franklin Street last year. The developer indicated that in that case the Town Engineer was right in suggesting that the building be moved farther back on the lot. Selectman Tafoya indicated that this applicant should not anticipate any additional variances from the driveway regulations from this Board. A motion by Goldy seconded by Tafoya that the Board of Selectmen approve the driveway regulation variance request for 21 - 23 Harrison Street as indicated on the plan entitled "Si"te Plan For Driveway for 21 - 23 Harrison Street" dated June 22, 2010 with revisions to _March 3, 2011 by Christiansen & Sergi, Inc of Haverhill, MA, was approved by a vote of 5-0-0. Request from Reading_ United Soccer Club and Reading Youth Lacrosse - Recreation Administrator John Feudo, along with Peter Coumounduros from Reading United Soccer and Chris Flanagan from Reading Lacrosse asked for a 1 year approval to have practices on Sunday mornings. No amplified noise and no whistles will be used. A motion by Tafoya seconded by Goldy that the Board of Selectmen allow use of the temporary use of the two artificial turf fields in the Birch Meadow complex for practice only by Reading United Soccer, and Reading Youth Lacrosse on Sunday mornings Starting April 3, 2011, and ending June 17 2011, beginning with no activity on the site prior to 10.00a m , and subject to permits being issued by the Recreation Administrator, was approved by a vote of 5-0-0. Approval of Tennis Court Fees - Recreation Administrator John Feudo and Mary Ellen Stolecki and Kate Kaminer from the Recreation Committee were present and explained the proposed tennis court fees and operation. The purpose is to make sure that the tennis courts, during high demand times, were appropriately regulated and that residents were accorded the best possible access. Selectman Tafoya cautioned the Recreation Administrator that there could be two conflicting goals with the program - revenue generation and enhancement of resident access - they would need to determine which goal they are trying to achieve. The Board of Selectmen wants a review of the success of the program in the fall. A motion by Goldy seconded by Tafova that the Board of Selectmen approve the "Seasonal Tennis Pass" as recommended by the Recreation Committee, beginning May 31, 2011 and ending, September 2, 2011 for the hours of 5.00 p.m. to 9:00 p.m., Monday -Friday. (holidays excepted) for the seasonal cost of $10 per individual resident with a maximum of $25 per resident family; and $100 per individual non-residents, was approved by a vote of 5-0-0. l.U 79 Board of Selectmen Meeting - March 29, 2011 - page 7 Discussion Re: Utility Rate - Tabled until a future meeting. Approval of Minutes A motion by Goldy seconded by Tafoya to approve the minutes of March 1, 2011 was approved by a vote of 5-0-0. A motion by Goldy seconded by Tafoya to adjourn the meeting at 11:25 p.m. was approved by a vote of 5-0-0. Respectfully submitted, Secretary 80 ~b1 LIG /SoS Peter Heckenblecker, Reading Town Manager, Town Hall, 16 Lowell Street, Reading, MA 01867 3/24/2011 Dear Peter, We're pleased to inform you that negotiations with Pulte Homes of New England LLC over the fence between our properties have resulted in the developer's decision to respond favorably to our requests. Just yesterday, Reid Blute of Pulte Homes advised Theresa Petrillo of his firm's decision to install a new, six-foot, cedar stockade fence behind all South Street homes abutting the former Addison-Wesley property, from the top of the street down to the access road. This is a decision we believe all South Streets residents, and our neighbors in the vicinity, will applaud, and we are grateful that Reid and his team worked through this issue with us. Please ensure that this letter is disseminated to the members of Board of Selectmen and the Community Planning and Development Commission, prior to the next scheduled meetings of both boards. Pulte Homes will be sending CPDC this information, to be added to the Site Plan. If you have any questions, please let us know. Thank you. Sincerely, Scott and Sheila Spinney, 323 South Street Theresa Petrillo, 329 South Street CC: BOS and CPDC, via Town Manager's Office Reid Blute Theresa Petrillo 81 L I C 6e'11( CITY OF MELROSE ROBERT J. DOLAN Mayor March 24, 2011 Ben Tafoya Chair, Board of Selectmen Town of Reading 16 Lowell St. Reading MA 01867 Dear Ben, OFFICE OF THE MAYOR City Hall, 562 Main Street Melrose, Massachusetts 02176 Telephone - (781) 979-4440 Fax - (781) 662-2182 The City of Melrose is looking to partner with up to three municipalities during the next fiscal year in an effort to regionalize information technology services and data center operations. There are many benefits of a regional data center from both a financial and efficiency standpoint. There are also no geographical boundaries in creating this regional collaborative. Some of these benefits include: o Shared datacenter capital costs - reduces the burden on each city/town to build, maintain and sustain high quality data services ® Enterprise-grade data center - collective funding of a data center extends the buying power which in turn allows the regional group to purchase a higher quality, more robust datacenter ® Shared disaster recovery/business continuity costs - reduces the burden on each city/town to fund necessary but costly disaster recovery/business continuity initiatives ® Shared regulatory compliance costs - - reduces the burden on each city/town to fund necessary initiatives to comply with various regulatory costs i.e. email archiving o Predictable datacenter costs - collective purchasing and financing provides predictable costs over the term of the agreement m Power and cooling savings - single regional data center. reduces the cost of powering and cooling individual datacenters resulting in energy savings for each participating city/town • Shared labor costs - allows participating city/towns to share staffing costs Interested cities and towns should contact Mike Lindstrom in the Mayor's Office at (781) 9794440 for additional information. I look forward to speaking to you more about this exciting opportunity. J. Dolan City of Melrose 65 :6 NY OE 8V~j jjUZ 82 C1b v V e4 °,q Sven. The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Massachusetts Historical Commission March 28, 2011 Richard Smith Adams and Smith, Architects and Consultants 55 Thomas Road Swampscott, MA 01907 RE: Proposed Addition to Reading Town Library, 64 Middlesex Avenue, Reading, MA; MHCRC#50134 Dear Mr. Smith: The Massachusetts Historical Commission has reviewed the information you submitted, received March 9. 201 1, concerning the proposed project referenced above. After a review of the information submitted, MHC staff have the following comments. The Reading Public Library at 64 Middlesex Avenue (MHC# REA.192), is individually listed in the State and National Register of Historic Places as the Highland School. The proposed project involves an addition to the current library at 64 Middlesex Avenue using Massachusetts Board of t ibrarv,Commissioners Funds. MHC requests'that additional information be submitted in order to evaluate the potential effect to the Hiahland School. Please send further details ofa mechanical storage on the roof of the addition, specifically addressing whether the look conveyed in the preliminary drawings will be the permanent appearance or whether they will be screened in some way that is more in keeping with the overall design of the addition. Also the MHC requests final drawings for this project. These comments are offered to assist in compliance with M.G.L. Chapter 9, Section 26-27C, (950 CMR 71.00) and MEPA (301 CMR 1 1.03(10)). Please do not hesitate to contact Michaela Jergensen of my staff if you have any questions. Sincerely, Brona Simon Executive Director State Historic Preservation Officer Massachusetts Historical Commission xc: Peter I. Hechenbleikner, Town.Administrator Reading Historical Commission Massachusetts Board of Library Commissioners 220 Morrissey Boulevard, Boston, Massachusetts 02125 (617) 727-8470 • Fax: (617) 727-5128 www_see. state&&. us/mhc fc. DEVAL L. PATRICK, GOVERNOR TI'UOTHY P. MURRAY, LT. GOVERNOR 3 ' JEFFREY B. MULLAN, SECRETARY & CEO x` LUISA PAIEWONSKY, ADMINISTRATOR Mr. George Zarimbouras Reading Engineering Dept. 16 Lowell Street Reading, MA 01867 MO ving Massachusetts Forward. mR, Highway RECEIVED DEPT. OF PUBLIC WORKS DATE, TOWN OF READING March 10, 2011 SUBJECT: Reading / Wakefield E Lynnfield interstate 1-95 Resurfacing and Related Work Federal Aid No. - Pending E.W.O. No. - P605597 P11 Project File No.,- 605597 Dear Mr. Zambouras, MassDOT District Four is preparing to resurface and perform related work to the above subject roadway in the Towns of Reading, Wakefield and Lynnfield. The District is notifying all utility companies of this upcoming project so that they can plan any work in this.a.rea ahead of time. Attached is a Locus Map showing the project limits and a Scope of Work. This project currently has a fall 2012 advertisement date. Should you require any additional information relative to this project or require a coordination meeting please contact Brian M.. Fallon, P.E., District Projects Engineer at (781) 641-8475. Sincerely, Patricia A. Leavenworth, P.E. District Highway Director Cc.: file . Ray Stinson, District Utilities & Constructability Engineer MassDOT - Highway Division - District 4.519 Appleton Street, Arlington, MA 02476 • (781) 641-8300 84 Massachusetts Department Of Transportation ~ x'9nw.y Highway Division Project No. 605597 P 'I S77c7SsD Iff Massachusetts Department of Transportation Highway Division SCOPE OF WORK RrIE.128/I-95, READING-WAI EFIELD-LYNNFIELD INTERSTATE MAINTENANCE ROADWAY RESURFACING PROJECT Proiect Description: The work shall consist of full width asphalt pavement excavation by cold planer and overlaying with hot mixed asphalt (BAIA) on mainline and ramps. The work also includes removing and discarding guardrail, proposed guardrail and end treatments, adjusting and rebuilding drainage structures, installing hook lock frames and grates on the existing and proposed catch basins, unclassified excavation, fine grading and compacting, replacing scored concrete pavement at gores with milled rumble strips, traffic data collection stations, traffic management, pavement markings and slotted pavement markers, proposed rumble strips, proposed storm water bmp's, and incidental items of work as required by the Engineer. Also included in this Contract shall be repairs to bridges to. include but not be limited to the following; asphaltic bridge joint systems, sawing and sealing bridge joints, removing and resetting bridge curb as required, removal of bridge pavement, membrane waterproofing and overlaying with HMA dense binder course for bridges. The work will remain within the-right-of-way, with the majority of the work within the limits of pavement. Haybales and silt fence will be located at areas of environmental concern. Areas include, but are not limited to sloped embankments adjacent to resource areas, drainage pipe outlets, paved waterway outlets, and areas designated by the Engineer. The Contractor shall remove all accumulated silt and debris from the siltation barriers and properly dispose of the material. Siltation barriers shall be removed and disposed of at the Engineer's direction. During the execution of work under this contract, the Contractor shall exercise care in the placement and storage of equipment, materials and debris. No equipment, material, or debris can be placed or stored in or near a resource or drainage area leading to a resource as directed by the Engineer. Project Location: The proposed multi-town project is located on a section of Rte. 128/1-95. It begins at mile marker 56.594 (Sta.51+50) in Town of Reading at the northern bridge joint of the North Main St. underpass (Sta.5+87.59) and extends northerly across Reading/Wakefield town line ending at mile marker 56.719 (Sta.0+00) in the Town of Wakefield. The project continues northerly ending at mile marker 59.102 (Sta.95+45.76) Wakefield/Lynnfield town line, then continues northerly across into the Town of Lynnfield ending at mile marker 59.549 (Sta.119+05) Lynnfield/Wakefield town line. The project also continues northerly ending at mile marker 61.054 (Sta.198+52.08) on I-95 in the Town of Wakefield after the 1-95 NB on-ramp (Ramp-Salem St. to Rte. 95 NB). Traveling southbound the project ends at mile marker 61.124 (Sta.202+20) in the Town of Lynnfield before off-ramp Rte. 95 SB to Salem St. The length of the project is 47,466-feet or 8.990 miles. ~~Z E BK= Q" ShL 123+61.52 BK `N~ a 1~~ rRT 129 TO RT 95 NO - c RAMP-R7/9S 59 NN\TH A ' n ~ MO%n RR ~ RAMP NORTH AVE TO RT S / 28 BRIDGE NoW 1-19 Over BiBcM;:R R .eta>a~+sn N RAMP- T 95 NO TO T 129 _ ~.BRIDGENo W 1 76; ' Over Lowell St BR Sta =91±71 ` RAMP-NORTH AVE TO RT 95 NO s y rr L m ST .,ser,/= ive: ST TORT 95 S~ I -RAM -RT 95 5 TO SALEM ST/ TO )211 95 v , / Gl/a,ClU/ef:r tt~U~u,uvw u~ A N _ A►KEFIEL ~ Sta. 198+52 08 {Wakefield)-, g - R MP-R 28 NO TO RT S BRIDGE No W 1' 20; 1{IM 61 034 _ AMP RT 95 TO T N6 Over Parker. Rd: I 'r= J 32128.59 Sta.2100,+08 Wakefield 'St 4Re r Sta. 200+08 Lynnfield Sta +#0 Wak e s E6r~ t 5 - Section #1: Sta. 51+50 (Reading) to Sta. 58+14 (Reading)/Sta. 0+00 (Wakefield) = Total Length = 664' m - y Section #2: Sta. 0+00 (Wakefield) to Sta.119+64.56 (BA)ISta.121+06.88 (AXE = Total Length =11,964.56' Nss Section #3: Sta 121+06.88-(AAT) to Sta.123+61.52 (BI)/Sta. 91+86.08 (A19 =Total Length =254.64'. or FF \ Section #4: Sta. 91+86.08 (AIL) to Stu. 95+45.76 (Wakefreld)/Sta. 95+45.76 (Lynnfield) = Total Length = 359.68' RAMP, T 28 8_,.TO=R 5-N8 - .t Section #5: Styr. 95+45.76 (Lynnfreld) to Sta.119t05 (Lynnfiel&Sta.119+05 (Wakefield) = Total Length = 2,359.24' ` z a ' RAMP-RT 95 NO Section #6: Sta.1I9+OS (Wakefield) to Sta. 198+52.08 (Wakefield) - Nortl:Bor:nd =Total Length = 7,947 BEGEV-PROJECT. Sub-total (Northbound) =23,549' ^ T TryT TS S( a 3I±50 (Reading): ti V lT V MM: 5659¢ Section #7: Sta.198+52.08 (Wakefield) to Sta. 202+20 (Lynnjield) -SouthBound =Total Lgngt1:=368 ' Sub-total (Southbound) = Sub-total (Northbound) +368'=23,9X7' BRIDGE No R3-8 ;i. S'TO Total Project Length (nb&sb)= 23,549'+23,9171 =47,466feet or 8.990 miles ' Over Main St.(Rte28) j Star-51+05-.81"_- PROJECT No. 605597 Commonweath of Massachusetts LOCUS PLAN Reading-Wakefield-Lynnfield (Interstate I-95) . Roadway Resurfacing & Related Work Project 1" = 2000 HFghway ~ivlaiarr Page 1 of 1 Schena, Paula From: Hechenbleikner, Peter Sent: . Thursday, March 31, 2011 10:37 AM To: Schena, Paula Subject: Fwd: Great Job! L/ c BOS Sent from my iPhone Pete Begin forwarded message: From: "Zager, Jeff' <jzager q ci.reading,ma.us> Date: March 31, 2011 9:55:26 AM EDT To: "Hechenbleikner, Peter" <pbec.henbleikner@ci.reading.ma.us> Cc: "Doyle, Tom" <tdoyle & i.read ing.ma.us> Subject: FW: Great Job! FYI Jeffrey T. Zager 16 Lowell Street Reading MA 0186'7 Tel: 781-942-9077 Fax: 781-942-9081 Please let us know how we are doing - fill out our brief customer service survey at http://readingma- survey.virtualtownhall. net/survey/sid/887434dd9e2l 30b7 web: www.readingma.gov jzager @ci.reading._ma.us From: Kathy Crowley [mailto:klc2640@verizon.net] Sent: Wednesday, March 30, 20117:29 PM To: Zager, Jeff Subject: Great Job! Just a note of thanks for all the hard work your crew did this winter. Especially the young man that did our street - Catherine Ave. It was a very tough winter and I am sure they were-very tired, but continued to do quality work. People I work with that drive thru town said it was better than most. It is nice to see people take pride in doing their job. Thanks again. Kathryn Crowley qz,,, 3/31/2011 87 C ~e.Gt•,,l COMMONWEALTH OF MASSACHUSETTS w w OFFICE OF THE GOVERNOR + d State House, Room 360, Boston MA 02133 (617) 727-3600 FAX (617) 727-5291 GSM Sy0 J DEVAL L. PATRICK 50 GOVERNOR 9 X_ TIMOTHY P. MURRAY LIEUTENANT GOVERNOR l March 31, 2011 Mr. James E. Bonazoli, Chairman Town of Reading 16 Lowell Street Reading, MA 01867 Dear Mr. Bonazoli: We are pleased to inform you that the Chapter 90 local transportation aid funding for Fiscal Year 2012 will total $200 million statewide. This is a 29 percent. increase from the previous fiscal year, representing the highest level of funding ever apportioned for local transportation aid. We recognize the importance of this capital spending to each municipality across the Commonwealth, especially during these difficult economic times. This is why we worked with our partners in the Legislature to ensure that additional state funds are available to support transportation infrastructure improvements. This will not only deliver immediate economic benefits but ensure the long term viability of our infrastructure. We pledge to remain supportive of the Chapter 90 program and your local transportation needs. We expect legislative authorization for the FY 2012 Chapter 90 program within the next several days. This letter certifies that the Town of Reading's Chapter 90 apportionment for Fiscal' 2012 is $597,663. This apportionment is automatically incorporated in your existing 10-Year C.90 contract which was signed in FY2008 and is posted on the MassDot Web site http://www.massdot.state.ma.us/ highway/municip al.aspx. . We look forward to working closely with your community to ensure the continuing success of the Chapter 90 program in the years to come. Please feel free to contact Matt Bamonte at (617) 973-7647 with any questions you may have regarding the Chapter 90 program. Sincerely, Governor 88 _3110-111~ Lieutenant Governor 4 Ll G /.3oS Schena, Paula: From: Hechenbleikner, Peter Sent: Monday, April 04, 2011 2:03 PM To: Schena, Paula Subject: FW: Hi again-can you clarify -regarding the safe routes in Reading question.. 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/887434dd9e2l3ob7/ -----Original Message----- From: Jody Avtges [mailto:jodyavtges@gmail.com] Sent: Monday, April 04, 2011 1:18 PM To: Cope, James (DOT) Subject: Hi again..can you clarify ..regarding the safe routes in Reading question.. Dear'Mr. Cope (love that name although you must be tired of comments): So our public hearing date is April 14 but a few of us are not able to make the meeting so we are putting together statements. I am interepting the below to mean that exisitings sidewalks in need of repair (that are on Woburn and Prescott St.) are qualified expenses. If so, how can we advocate for that instead of current proposal? I can be reached by email or by phone use my cell: 781-985-0559. Thank you very much. Jody Avtges, 42 Washington St., Reading, MA 01867 from Feb 4: In response to your recent request, please note the following guidance from the Federal Highway Administration regarding parameters of Safe Routes to School projects. - Jim James P. Cope Office of Transportation Planning Massachusetts Department of Transportation 10 Park Plaza, Suite 4150 Boston, MA 02116 phone: (617) 973-7043 <tel:%28617029%20973-7043> fax: (617) 973-8035<tel:%28617%29%20973-8035> ,e-mail: james.cope@state.ma.us Eligible Infrastructure Projects SAFETEA-LU specifies that eligible infrastructure-related projects include the planning, design, and construction of infrastructure-related projects that will substantially improve the ability of students to walk and bicycle to school, including sidewalk improvements, traffic calming and speed reduction improvements, pedestrian and bicycle crossing improvements, on-street bicycle facilities, off-street bicycle and pedestrian facilities, secure bicycle parking facilities, and traffic diversion improvements in the vicinity of schools. (Section 1404(f)(1)(A)) Given the general guidelines established in the legislation, each State DOT will be responsible for determining the specific types of infrastructure projects that are eligible for this program. Below is 'a list of potential infrastructure projects that some States have used for existing SRTS or related programs. This list is not intended to be comprehensive; other types of projects that are not on 89 this list may also be eligible if they meet the objectives of.reducing speeds and improving pedestrian and bicycle safety and access. Sidewalk improvements: new sidewalks, sidewalk widening, sidewalk gap closures, sidewalk repairs, curbs, gutters, and curb ramps. Traffic calming and speed reduction improvements: roundabouts, bulb-outs, speed humps, raised crossings, raised intersections, median refuges, narrowed traffic lanes, lane reductions, full- or half-street closures, automated speed enforcement, and variable speed limits. Pedestrian and bicycle crossing improvements: crossings, median refuges, raised crossings, raised intersections, traffic control devices (including new or upgraded traffic signals, pavement markings, traffic stripes, in-roadway crossing lights, flashing beacons, bicycle- sensitive signal actuation devices, pedestrian countdown signals, vehicle speed feedback signs, and pedestrian activated signal upgrades), and sight distance improvements. On-street bicycle facilities: new or upgraded bicycle lanes, widened outside lanes or roadway shoulders, geometric improvements, turning lanes, channelization and roadway realignment, traffic signs, and pavement markings. Off-street bicycle and pedestrian facilities: exclusive multi-use bicycle and pedestrian trails and pathways that are separated from a roadway. Secure bicycle parking facilities: bicycle parking racks, bicycle lockers, designated areas with safety lighting, and covered bicycle shelters. Traffic diversion improvements: separation of pedestrians and bicycles from vehicular traffic adjacent to school facilities, and traffic diversion away from school zones or designated routes to a school. Planning, design, and engineering expenses, including consultant services, associated with developing eligible infrastructure projects are also eligible to receive infrastructure funds. Project Location For infrastructure projects, public funds must be.spent on projects within the public right of way. This may include projects on private land that have public access easements. Public property includes lands that are owned by a public entity, including those lands owned by public school districts. Construction and capital improvement projects also must be located within approximately two miles of a primary or middle school (grades K - 8). Schools with grades that extend higher than grade 8, but which include grades that fall within the eligible range, are eligible to receive infrastructure improvements. For projects on private land, there must be a written legal easement or other written legally binding agreement that ensures public access to the project. There must be an easement filed of record, which specifies the minimum length of time for the agreement to maximize the public investment in the project. The project agreement should clearly state in writing: The purpose of,the project. The minimum timef•rame for the easement or lease. The duties and responsibilities of the parties involved. How the property will be used and maintained in the future. The project must remain open for general public access for.the use for which the funds were intended for the timeframe specified in the easement or lease. The public access should be comparable to the nature and magnitude of the investment of public funds. Reversionary clauses may be appropriate in some instances. These clauses would assure that if the property is no longer needed for the purpose for which it was acquired, it would revert to the original owner. Real Property Acquisition For real property acquisition, all project sponsors must comply with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Regulations implementing this Act are found in 49 CFR Part 24. These regulations will be applied to evaluating the acquisition of real property and any potential displacement activities. See http://www.fhwa.dot.gov/realestate/ua/index.htm. Jody James Avtges 781-942-5756-home or . 781-985-0559-cell 2 -2- 90 ac 80,5 March 30, 2011 Peter I. Hechenbleikner, Town of Reading 16 Lowell Street Reading, MA 01867 Town Manager Re: Reading Public Schools, Birch Meadow Elementary School, J. Warren Killam Elementary School Dear Mr. Hechenbleilcner: r+! C] B `J O o- I am pleased to report that the Board of the Massachusetts School Building Authority ("MSBA") voted to approve the Proposed Green Repair Project ("Proposed Project") for the Town of Reading to replace the windows at the Birch Meadow Elementary School and the roof at the J. Warren Killam Elementary School. The Board approved a total estimated maximum grant of $984,448 for the Proposed Project, with individual maximum grant amounts for each of the two projects referenced above. The final grant amount for each of the two projects will be determined by the MSBA based on a review and audit of all project costs incurred by the District, in accordance with the MSBA's regulations, policies, and guidelines. The final total combined grant amount for the two projects may be an amount less than $984,448. Pursuant to the terms of the MSBA's Green Repair Program, the District has 90 days to acquire and certify local approval for an appropriation and all other necessary local votes or approvals showing acceptance of the cost, type, scope and timeline for the Proposed Project. Upon receipt of the certified votes demonstrating local approval, the MSBA and the District will execute a Project Funding Agreement which will set forth the terms an d conditions pursuant to which the District will receive its grant from the MSBA. Once the Project Funding Agreement has been executed by both parties, the District will be eligible to submit requests for reimbursement for Proposed Project costs to the MSBA. We will be contacting you soon to discuss these next steps in more detail, but in the meantime, I wanted to share with you the Board's approval of the Proposed Project for the Town of Reading to replace the-windows at the Birch Meadow Elementary School gtil 40 Broad Street, Suite 500 • Boston, MA 02109 • Tel: 617-W-4466 • Fax: 617-720-5260 0 wwwMassSchoolBuildings.com Steven Grossman Katherine P. Craven Chairman, State Treasurer Executive Director and the roof at the J. Warren Killam Elementary School and the Board's authorization to execute a Project Funding Agreement for this Proposed Project. Sincerely, Craven 0eCraven Executive Director Cc: Senator Katherine Clark Representative James Dwyer Representative Bradley Jones James E. Bonazoli, Chair, Reading Board of Selectmen Christopher Caruso, Chair, Reading School Committee John F. Doherty, Superintendent, Reading Public Schools Dan Bradford, Owner's Project Manager, Knight, Bagge and Anderson, Inc. Ronald Alex, Designer, LPBA Architects, Inc. File Letters 10.2 ~~f-v 92