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HomeMy WebLinkAbout2011-08-02 Board Of Selectmen Packeto NOFRFq~! Town of eading j~ 16 Lowell Street Reading, MA 01867-2685 P cr9, rNCOxe°~ FAX: (781) 942-9071 ER 94 MANAANAGG Email: townmanager@cLreading.mams TOWN Website: www. readingma.gov MEMORANDUM TO: Board of Selectmen PROM: Peter I. I Iechenbleikner DA'Z'E:: July 28, 2011 RE: August 2, 2011 Agenda lc) included in your packet is the customer service survey results for the first half of 2011. The number of surveys received seems to be constant from the past two years. Town staff continues to perform at a very high level of customer service based on information submitted by residents and other customers. Procedurally, the contact information is removed From the survey forms and the survey forms are then distributed to each department for their information and follow up when appropriate. We are also working on doing customer service training for staff, and developing a methodology to capture customer service input that is received i.n other ways other than the formal forms. The conservation restriction for 40. Sunset Rock Lane is in your packet and will require the Selectmen's signatures. It has been approved by the Conservation Commission and by the property owner. Following the Selectmen's signatures this will go to the State for their signature and filing. This property has been the subject of litigation for a number of years. 3a) Included in your packet is a list of those volunteers who are retiring and have served for five years or more on a Board, Committee or Commission of the Town. Certificates of Appreciation are available for any of those who are present on Tuesday evening. 4a) Enclosed in your packet is proposed Selectmen Liaison Assignments for fiscal year 2012 based on input received by the Chairman from Board members. This needs to be approved by the Board. 4b-e) Enclosed in your material is the minutes of the Volunteer Appointment Subcommittee meeting of July 26, 2011. The Committee is recommending appointment of candidates for the Board of Health, Historical Con-rmission, Recreation Committee and Zoning Board of Appeals. Included in your packet also is a list of other volunteer vacancies. 7 5a) As follow up to the discussion on amplified sound in the parks, included in your packet is the draft policy establishing an ad hoc committee to review amplified sound on public property under jurisdiction of the Board of Selectmen. If the Board is interested in i-noving forward with adoption of this policy in establishing an ad hoc committee, that can be done at vour next meeting in August. 5b) The two Mobil stations on Main Street are changing to Global gas stations and Selectmen's approval is required for that change. The two locations are 178 Main Street at Summer Avenue, and Franklin and Main Streets - 1330 Main Street. Staff review has no problems with the change of names, but the Community Services Administrator notes that they will need approval and all signs will need to come into compliance with the Sign Bylaw. 5c) The Green Repair Program is well underway and bills need to be paid. Borrowing is required for the Town's share of this project. The Treasurer intends to borrow internally i.e. borrow from some of our own accounts. This will be short-term until we sell the bonds. This will require Selectmen's approval and signature of the forms. 5c) Oaktrec has proposed to have Watertown Community Housing designated as the monitoring agent for the affordable housing in Oaktree. Information on Watertown Community Mousing is enclosed, and representatives from Oaktree and Watertown Community ]-lousing will be present to answer any questions that the Board of Selectmen may have. 51) The joint meeting of the Selectmen and the Reading Housing Authority has been scheduled briefly to approve the escrow agreement between the Town and Oaktree relative to the $200,000 grant from the Affordable Housing Trust Funds to support the affordable housing in the Oaktree Development. This escrow agreement has been extensively reviewed by counsel and by Oaktree. 5g) The school zone flashers have been in place for over 20 years at our elementary school locations. We are experiencing extensive breakdowns of these flashing lights. Staff has reviewed the literature to determine whether or not the flashing school zone lights in elementary school districts are effective in insuring pedestrian safety, and the literature indicates that the flashing lights are more effective than signs. Signs are much easier and less costly to maintain. Staff has had discussion with the Joshua Eaton School, the administration and with the PTO Safety Committee and 'we are recommending removal ofthe flashing lights and replace them with signs as noted on the attached diagram. If the Board has no problems with moving ahead with this we will be able to accomplish this before the start of school. We've done the same thing in the Birch Meadow area and it is working successfully. With the other elementary schools we would do the same thing as the Iashing lights deteriorate to the point of not being able to be repaired. 8 Sh) While serving the papers on the violations for serving to underage operatives, the Town discovered that Oye's Restaurant did not have a manager in charge. The Board was. aware of this at the time of the hearing for the service to underage, and directed that we should have this violation brought before the Board. It needed to be done separately because the original notice to the business did not include this violation. This is a hearing by the Board of Selectmen, and if the Board finds that there was a violation it may take whatever action it deems appropriate under your rules and regulations. 5i) Town Counsel has prepared the order of taking for the temporary and one permanent easement for the safe route to school sidewalk project. This needs to be approved by the Board and then will be filed by Town Counsel. PI HJps 9 Customer Service Survey Responses: 94 1. What department did you visit? Answered: 91 skipped: 3 Building, Electrical, Fire Water and Utilities Building Water Department retirement. Recreation BPW/Finance Water DPW DPW/Water building Public Works Engineering Human Resources Water Recreation Engineering Water/Sewer Department of Public Works Public Works water/sewer Engineering Town Clerk Collector DPW at house and over phone DPW Clerk, Health/Senior & Planning Building Inspector DPW Public Health Building Inspector planning cXKeJH <a href=„http://bpbyfcrizuyp.comP'>bpbyfcrizuyp</a>, [url=http://vozhhgxgcruq.coml]vozhhgxgcrugUur , [link=http://simxgegbwkud.comnsimxgegbwkudUlink], http://bgaklorbewhj.com/ Water Department Collections Treasurer's office Water Department Tree warden Public Works Water/Sewer DPW DPW Water Department RMLD I CA 10 DPW Recreation DPW Public Works DPW Water DPW Basement- Name Unknown Building Inspector Public Works Public Works DPW Public Works Town Manager (via email) DPW Water Police Dept. Water Recreation water Water Department Building DPW DPW came to me Public Works via phone DPW clerk Public Works Elder Services DPW Police Department Police puplic works/trees Engineering Engineering DPW Building Inspector NOne, internet and mail Police/parking DPW Water public works Water Water Water Department and Public Works police Town Clerk 2. What was the reason for your visit? Answered: 90 Skipped: 4 11 C,-2., Permits Purchase a new washer/dryer obtain copies of plans Rebate payroll financial assistance ? about recycling Water rebate toilet replacement 2 new bath Pick up a water rebate form permit Rebate Property inquiry Change Health Insurance Rebate Register for T-Ball plot plan Rebate Low-flow toilet rebate water conservation rebate water bill Plot Plan dog licenses Bill Payment Rebate following purchase of washing machine Recycle Bisn (Not Taking All Debris) Dog License, info on Senior Housing real estate due diligence snow plowing issue Rebate Check for permits advertising lawn signs cXKeJH <a href="http://bpbyfcrizuyp.comP'>bpbyfcrizuyp</a>, [url=http://vozhhgxgcruq.cornfvozhhgxgcrugVurl], [link=http://simxgegbwkud.comnsimxgegbwkudVlink], http://bgaklorbewhj.com/ Water Conservation Rebate To pay a bill Direct deposit my pay from school system New Toilet Rebate Discuss town tree removal To obtain rebate on purchase of new washing machine High bill Energy Rebate New Washer Rebate washer rebate toilet replacement buy movie fix Water Conservation Rebate water rebates Rebate - Water Conservation 12 , rum' Relief of excess water bill due to leak. rain barrels Rebate Permit to Remodel Rebate water conservation rebate Water Conservation Rebate Water Conservation rebate Question about bike racks in town Water Conservation Rebate Low flush toilets Meeting Toilet Rebate Program Information about payment new washing machine Rebate Permit water conservation rebate-checked to see if washer was installed water rebate new washer new appliance rebate Water Conservation Rebate register to vote Water Conservation Rebate Assistance water conservation rebate Information RAD tree removal request surveying info Purchase rain barrels & compost center pass Building Permit for Deck Construction rebate for washing machine parking/compost sticker road not drivable Water Conservation Rebate rebate Rebate Water Conservation Rebate Program Rebate for water and energy conserving washing machine traffic hazard post meeting 3. Were you assisted in a timely manner? Answered: 92 Skipped: 2 13 I poor (2) 2 fair (0) M 3 average (2) 4 good (8) 03 5 excellent (80) 14 (:iJ 5. Was the person who assisted you knowledgeable? Answered: 91 Skipped: 3 1 poor (1) F 2 fair (3) ® 3 average (1) r 4 good (10) 5 excellent (76) 5. Did you accomplish what you came for? Answered: 90 Skipped: 4 U 1 poor (2) 2 2 fair (1) M 3 average (1) rr 4 good (10) 5 excellent (76) 5. Was the person you spoke with professional/courteous? Answered: 91 Skipped: 3 1 poor (3) 2 fair (1) ® 3 average (0) 4 good (9) i.5 excellent (78)' 5. Did you leave with a clearer understanding? Answered: 91 Skipped: 3 ® 1 poor (1) 2 fair (1) ® 3 average (3) C 3 4 good (10) 5 excellent (76) ~ flan tk s z y~ % 5. Any comments or suggestions on how we can enhance customer service? Answered: 63 Skipped: 31 No Exceptional & Professional!! Ann Gentile and Abby McCabe were both extremely helpful!! John Feudo and his staff are very helpful and professional. John got back to be in a timely manner and was very understand and knowledgeablel! my question was in the form of an email More than helpful - very detailed and polite. We received our rebate in a timely manner. Very accomodating with visit times to fit with our schedules. _ No, I believe the people in the department were very nice, all of them. 15 1 ~ Co Not at this time - everything was great. Thank you Public Works. Excellent service. Mr Markos was very helpful and informative. Petra helped tremendously - when I messed up the form, she said she would fill in the technical details for me - Awesome! The washer rebate was so simple. Thanks for great service. The woman (whose name I failed to get) was very pleasant, professional and assisted me in registering my son for his first year of t-ball. She was great! My experience was absolutely wonderful. I first contacted the Town Hall and spoke to a very curtious and helpful woman explaining my situation. She gave me the procedure to follow. I did as she said and with her help as well as Ms. Kinsella help my problem was taken care of to my satisfaction. It was a very pleasant experience. Keep up the good work ! Customer service was excellent in all areas. No suggestions needed. No- Mike and Ann were very helpful! Abby was very helpful Keep planning and Conservation staffed at full time.. cXKeJH <a href="http://bpbyfcrizuyp.comP'>bpbyfcrizuyp</a>, [url=http://vozhhqxgcruq.com/]vozhhgxgcrugVurl], [link=http://simxgegbwkud.com~simxgegbwkudVlink], http://bgaklorbewhj.com/ Very friendly, good service The entire office staff was very cordial and-helpful. Thanks to Nancy and her staff. Please keep hiring people like Ann who I talked to on the phone. No complaints here. Bob Keating was fast to respond with a fair decision on my issue. Keep up the great work It was easy and fast. Thank you. The Reading Light Came to my condo to verify I had a new EE washer Always great at town hall. Nothing to improve upon! ' Everyone I spoke to was very helpful and the rebate was handled very quickly - we were very happy with the service. I received the application from the appliance store: I did not speak to anyone at Town Hall. I received my check soon after I applied. Loretta is great. I had some difficulty in settling this in a timely manner due to the office being closed on Fridays. Wonderful deal on the rainbarrels - the program has made them very affordable - thank you People that I worked with were very helpful. Person who did the in-home verification was also very courteous and efficient. Another great program. Thank you I would have answered all of these as 5s, but at this point my question was not completely answered but rather directed to the person who can answer it. None Very smooth easy process, no problems. Thank you Common courteousness does not exist at the Police Station. It was excellent. Commitments were kept and appointments were on time. Great staff! These individuals care about the youth of this community. They do their best to meet the needs of the many "interest groups" here in town. Good job. I question the position of permit coordinator - the process needs to be changed. Have since received rebate check Thank you Process was quick and easy, no complaints! Thank you my 18 year old daughter went to town hall to regiter to vote shortly before leaving for college. she was told nobody was there to help her and to come back anoterh day The rebate application form instructions did not state that a receipt was needed. The form should be clarified. This 16 ' ~1 would have saved me an extra trip. Very positive experience. The folks at the police department need to learn to say Hello. Not everyone that enters their door is someone "bad" and in need of being treated sternly, and ultimately rudely. RAD was an excellent course! I learned a tremendous amount and it was fun! I've been telling my friends about it and they've expressed an interest in taking it, as well. I would also like to sign my children up for RADkids. this is a follow up to tree removal at 19 Parkman Rd. I want to commend Bob Keating and the public works crew for a job well done in removing 2 pine trees. The job was well done and my request to keep damage to surrounding property to a minimum was honored.) want to thank the public works crew. Really, really well., Been here many times and the results are always the same! Pick up hours for the rain barrels at the garage are challenging. It would be great if they had one later day, just like town hall. Staff was very helpful and patient with the process. Thank you for the rebate program None - services in Reading are excellent. Your customer service is excellent - the problem is ongoing..... Thanksl None None, it was an efficient and pleasant experience. Open on Friday (day) and Tuesday nights 6. What is your name? Answered: 70 Skipped: 24 17 Y C Town of Reading 16 Lowell Street Reading, MA 01867-2683 CONSERVATION COMMISSION Phone (781) 942=6616 Fax (781) 942-9071 June 30, 2011 Mr. and Mrs. David A Pucci 40 Sunset Rock Lane Reading, MA 01867 Re: Conservation Restriction, 40 Sunset Rock Lane, Reading, MA Dear Mr. and Mrs. Pucci: The enclosed Grant of Conservation Restriction document incorporates all of the revisions requested by the Division of Conservation Services, as forwarded to you in May. Please sign on page 11 in the presence of a Notary and then return the document to the Reading. Conservation Commission. We will then collect signatures from the Commission and Selectmen, and send the document to DCS for the final signature by the Secretary of Energy and Environmental Affairs. Then we will return the document to you for recording at the Registry of Deeds. Please the document to the Commission by July 11, 2011 . so that they can sign it during..thAx rn next meeting on July 13 . Thank you for your attention to this matter. Sincerely, Frances M. Fink Conservation Administrator Enclosures cc: Ms. Judy Pickett, Esq., Brackett & Lucas, 19 Cedar Street, Worcester, MA 01609 18 ~G-t GRANT OF CONSERVATION RESTRICTION TO. TOWN OF READING We, David A. Pucci and Melissa A. Pucci, of 40 Sunset Rock Lane in Reading, MA, being the sole owners of the land at 40 Sunset Rock Lane, for our successors and assigns (hereinafter referred to as the "Grantor"), acting pursuant to Sections 31, 32 and 33 of Chapter 184 of the General Laws of Massachusetts, hereby grant to the Town of Reading, acting by and through its Conservation Commission, by authority of M.G.L.c. 40 §8C, a duly constituted municipal corporation having its usual place of business at 16 Lowell Street, Reading, Massachusetts 01867, and its permitted successors and assigns (hereinafter referred to. as the."Grantee"), in perpetuity and exclusively for conservation purposes, the following Conservation Restriction on a 41,600 square foot portion of a 58,739 square-foot parcel of land located in the Town of Reading, Massachusetts; said parcel being described as: The areas shown as "Conservation Restriction Easement" (hereinafter referred to as the "Premises") on portions of Lot 4, (Lot 4 in its entirety hereinafter referred.to as the "Property") on a plan of land entitled "Definitive Plan, Sunset Rock Lane, Reading, Mass.", Sheet 2 of 7, signed and stamped by Sidney C. Field, Jr. Professional Land Surveyor #15320, dated July 30, 1997, revised through January 12, 1998, recorded at the Middlesex Registry of Deeds as Plan 999 of 1998, Book 28122, Page 535 and shown as Parcel 10 of Reading Assessors Map 50, located at 40 Sunset Rock Lane. Said Premises contain 41,600 square feet according to said plan and are more particularly described. as set forth in Exhibit "A" and Exhibit "B" attached hereto and incorporated herein by reference The boundaries of the Conservation Restriction Area have been staked with concrete bounds or drill holes as delineated in the above-referenced "Definitive Plan, Sunset Rock Lane, Reading, Mass.", Sheet 2 of 7". For Grantor's Title, see Middlesex South Registry of Deeds Book 52584, page 569. This Grant of Conservation Restriction is required by an Order of Conditions issued by the Town of Reading Conservation Commission on February 12, 2009, and recorded at the 19 k G1 0 Middlesex South District Registry of Deeds at Book 52401, Page 26, and incorporated herein. issue d by This Grant of Conservation Restriction is also required b 1 an Order of Conditions d at the Middlesex Town of Reading Conservation Commission on January , 1998 , and South District Registry of Deeds at Book 28153, Page 523. I. PURPOSES This Conservation Restriction is defined in and authorized by Sections 31 Restrict rater t18 oo of the general Laws and otherwise by law. The purpose of this Cons is: assure that the Premises will be maintained in its current condition in perpetuity and for conservation purposes, predominantly in a natural, scenic and undeveloped condition; and to prevent any use or change of the Premises that would materially impair or interfere with its conservation and preservation values. These values include the following: ® Open Space Preservation. The protection of the Premises.contributes Cons to the prot et and of the scenic and natural character of abutting Dividenc Town Forest land, and the protection of the Premises will enhance the open-space value of these lands. Wetlands and Floodplain Protection. The Town of Reading has identified, the significance of the Premises for wetlands and floodplain protect ion through did Other of Conditions issued on February 12, 2009, a certified copy Middlesex South District Registry of Deeds at Book 52401, Page 26, and also through an Order 'of Conditions issued on January 12, 1998, a certified copy of which is recorded at the Middlesex South District Registry of Deeds a that are tributary torthe ses contain a stream and associated bordering vegetated wetlands Ipswich River. The open, scenic, and natural condition of the Premises contributes to the preservation of the Town of Readings unique wetland and floodplain resources. Protection of Wildlife Habitat and Plant Communities. The Premises contain a wide Town of Reading. variety of plant and animal species threatened by development in The Conservation Restriction Area serves as habitat for a multitude of animals and birds and contains several different species of plant and flowers. The stream and wetlands within the Premises are contiguous with and tributary to the stre E tared wetlands within Priority Habitat identified on the "Reading Priority Habitats and Map", dated October 1, 2008, by the Massachusetts Natural Heritage and Endangered Species Program and Core Habitat identified on the BBioMap 2" dated October 2010 by the Natural Heritage and Endangered Species Program. Furtherance of Government Policy. Protection of the Premises furthers the Town of open Reading's 2007 Open Space and Recreation Plan, specifically Goal #3 , "Protect connection space for wildlife habitat and watershed protection", Goal #6, between open and recreation spaces",-and Goal #7, "Preserve the character of the town". 202 ( c k ( Protection of the Premises also protects land within the Town of Reading's Aquifer Protection District, the Zone II and Zone III wellhead protection areas for the public water supply wells. H. BINDING EFFECT, PROHIBITED ACTS AND USES, EXCEPTIONS THERETO,. AND PERMITTED USES A. Binding Effect The Grantor covenants that the Premises will at all times be held, used, the Property v eyed subject to and not used in violation of the following restrictions that shall run perpetuity. B. Prohibited Acts and Uses Subject to the exceptions set forth in subparagraph C below, the Grantor will not perform or permit the following acts and uses that are prohibited on, above, and below the Premises: (1) Constructing, placing, or allowing to remain any temporary or permanent structures, including but not limited to buildings, tennis courts, landing strips, mobile homes, swinuniiig pools, asphalt, concrete or other forms of impervious pavement, greenhouses, skating rinks, signs, fences, billboards or other advertising displays, antennae and dishes, utility poles, towers, conduits, lines, storage tanks, or other temporary, or permanent structure or facilities on, above, through, or under the Premises; (2) Mining, excavating, dredging, cutting, destroying, or removing from the Premises soil, loam, peat, gravel, sand, rock; or other mineral resource or natural deposit, or otherwise make topographical changes in the area; (3) Placing, filling, storing, or dumping on the Premises soil, refuse, trash, yard waste such as lawn clippings, leaves, branches, etc. (other than those naturally deposited in the area), vehicle bodies or parts, rubbish, debris, junk, waste, or any other substance or material whatsoever, whether or not generated on the Property; (4) Cutting, removing, or otherwise destroying trees, grasses, shrubs, brush, or other vegetation; (5) Conducting activities detrimental to drainage, flood control, water conservation, water quality, erosion control, soil conservation, plants, wildlife habitat, or archaeological conservation; (6) Using, parking, or storing vehicles including motorcycles, mopeds, all-terrain vehicles, skimobiles, trail bikes, or any other motorized vehicles on the Premises; 213 ~`Z (7) Disrupting, removing, or destroying stone walls or granite fence posts on the Premises; (8) Subdividing or conveying a part or portion of the Premises alone, or division or subdivision of the Premises (as compared to conveying the Premises in its entirety which shall be permitted), or using a portion of the Premises towards building or development requirements on this or any other parcel, except as necessary to comply with zoning to allow the existing single-family residential structure; (9) Using the Premises for residential, commercial, business, or industrial purposes; (10) Using herbicides and pesticides, or using other chemicals or mechanical means which may have an adverse impact upon the plant life or wildlife within the restricted area, except as may be permitted, in writing, by the Grantee for the control of noxious or invasive species, and designed and applied to affect the target species and not nearby non-target species; (11) Conducting any other use of the Premises or activity that, in the reasonable opinion of the Grantee, is or may become inconsistent with the purpose of this Conservation Restriction or that would materially impair its conservation interests. C. Reserved Rights and Exceptions to Otherwise Prohibited Acts and Uses The Grantor reserves the right to. conduct or permit the following activities and uses on the Premises, but only if such activities and uses do not materially impair the conservation values or purposes of this Conservation Restriction. (1) Walking, strolling, hiking, horseback riding, fishing, cross-country skiing, or other similarly passive, non-motorized, and non-mechanized recreational activities in the Premises that do not materially alter the landscape or degrade environmental quality; (2) Selective de minimus pruning and cutting of trees and shrubs in accordance with generally accepted forest management practices for fire prevention or to remove hazards, or to control disease and insect damage, or to preserve the present condition of the Premises. Provided, however, that said activities shall be undertaken only with the written consent and approval of the Grantee, which consent and approval shall not be unreasonably withheld or delayed; (3) Creating and maintaining a minimal number of unpaved walkways and paths less than five feet wide in the Premises. However, no walkway or path shall be located within 50 feet of any stream, and said activities shall be undertaken'only with the written consent and approval of the Grantee, which consent and approval shall not be unreasonably withheld or delayed; 22 ~ C:, (4) Conducting measures designed to restore native biotic communities, remove non- native invasive species, or to maintain, enhance or restore wildlife or wildlife habitat. Provided, however, that said activities shall be undertaken only with the written consent and approval of the Grantee, which consent and approval shall not be unreasonably withheld or delayed; (5) Maintaining existing stone walls in the Conservation Restriction Area; and (6) Using vehicles necessary for public safety (i.e., fire, police, ambulance, or other government officials) in carrying out their lawful duties. The exercise of any right reserved by the Grantor under this Paragraph C shall be in compliance with all applicable federal, state, and local laws, rules, regulations and permits. The inclusion of any reserved right requiring a permit from a public agency does not imply that the Grantee or the Commonwealth takes any position whether such permit should be issued. D. Whenever notice to or approval by the Grantee is required under the provisions of paragraphs A, B, or C, the Grantor shall notify the Grantee in writing not less than sixty days before the date the Grantor intends to undertake the activity in question. The notice shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity in sufficient detail to permit the Grantee to make an informed judgment as to the activity's consistency with the purposes of this Conservation Restriction. The Grantee, upon 48-hour notice and between 9:00 a.m. and 8:00 p.m. Monday through Saturday, may perform an inspection before granting or withholding approval. Where the Grantee's approval is required, the Grantee shall grant or withhold approval in writing within sixty days of receipt of the Grantor's written request therefor. The Grantee's approval shall not be unreasonably withheld, but shall only be granted upon a showing that the proposed activity shall not materially impair the purposes of this Conservation Restriction. Failure of the Grantee to respond in writing within sixty days shall be deemed to constitute approval by the Grantee of the request submitted, so long as the request sets forth the provisions of this section relating to deemed approval after sixty days in the notice. III. LEGAL REMEDIES OF THE GRANTEE A. Legal and Injunctive Relief The rights hereby granted shall include the right in the Grantee to enforce this Conservation Restriction by appropriate legal proceedings and to obtain injunctive and other equitable relief against any violations, including, without limitation, relief requiring restoration of the Premises to their condition before the occurrence of the violation (it being agreed that the Grantee will have no adequate remedy at law). The rights hereby granted shall be in addition to and not a limitation of any other rights and remedies available to the Grantee for the enforcement of this Conservation Restriction. The Grantee agrees to cooperate for a reasonable period of time prior to resorting to legal means in resolving issues concerning violations 22 1 C-,14 provided the Grantor ceases objectionable actions and the Grantee determines that there is no ongoing diminution of the conservation values of the Conservation Restriction. B. Cost of Enforcement The Grantor covenants and agrees to reimburse the Grantee or otherwise bear the costs and expenses (including without limitation counsel fees) incurred in enforcing this Conservation Restriction or in taking reasonable measures to remedy, abate, or correct any violation thereof, provided that a violation of this Conservation Restriction is acknowledged by the Grantor or the Grantor has been found to be in violation by a court of competent jurisdiction. C. Non-Waiver Enforcement of the terms of this Conservation Restriction shall be at the discretion of the Grantee. Any election by the Grantee as to the manner and timing of the Grantee's right to enforce this Conservation Restriction or otherwise exercise the Grantee's rights hereunder shall not be deemed or construed to be a waiver of any such rights. D. Grantee Disclaimer of Liability By the Grantee's acceptance of this Conservation Restriction, the Grantee does not undertake any liability or obligation relating to the condition of the Premises pertaining to compliance with and including, but not limited to, hazardous materials, zoning, environmental laws and regulations, or acts.not caused by the Grantee or the Grantee's agents.. E. Acts Beyond the Grantor's Control Nothing contained in this Conservation Restriction shall be construed to entitle the Grantee to bring any actions against the Grantor for any injury to or change in the Premises resulting from causes beyond the Grantor's control, including but not limited to fire, flood, storm and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Premises resulting from such causes. IV. ACCESS: The Conservation. Restriction hereby conveyed does not grant to the Grantee, to the general public, or to any other person any right to enter upon the Property, except as follows: The Grantor hereby grants to the Grantee, or the Grantee's duly authorized agents or representatives, an easement of access to enter the Property upon reasonable notice and at reasonable times and in a reasonable manner for the purposes of inspecting the Premises to determine compliance herewith, enforcing the restrictions herein, remedying any violation thereof, and inspecting the Premises before granting or withholding approval of the acts and uses as more fully described in Section II.C. The Grantor also grants to the Grantee, after notice of a violation and failure of the Grantor to cure said violation, the right to enter the 24 t I,- 1-5~ Property for the purpose of taking any and all actions with respect to the Premises as may be necessary or appropriate to remedy or abate any violation hereof, including but not limited to the right to perform a survey of boundary lines. Reasonable time shall be Monday through Saturday between the hours of 9:00 a.m. and 8:00 p.m. V. : COSTS, LIABILITIES, TAXES The Grantor shall pay, before delinquent, all taxes, assessments, fees, and charges levied on or assessed against the Property by a competent authority, and, except for such charges as may be imposed by the Town of Reading, shall furnish the Grantee with satisfactory evidence of payment upon request. VI. ASSIGNABILITY A. Running of the Burden The burdens of this Conservation Restriction shall run with the Premises in perpetuity, and shall be enforceable against the Grantor and the successors and assigns of the Grantor while holding any interest in the Premises. B. Execution of Instruments The Grantee is authorized to record or file any notices or instruments appropriate to assuring the perpetual enforceability of this Conservation Restriction; the Grantor on behalf of the Grantor and the Grantor's successors and assigns appoints the Grantee as the Grantor's attorney-in-fact to execute, acknowledge, and deliver any such instruments on the Grantor's behalf. Without limiting the foregoing, the Grantor and the Grantor's successors and assigns agree to execute any such instruments upon request: C. Running of the Benefit The benefits of this Conservation Restriction shall ran to the Grantee, shall be in gross, and shall not be assignable by the Grantee, except in the following instances: (1) As a condition of any assignment, the Grantee shall require that the purpose of this Conservation Restriction continues to be carried out; (2) The person or entity to whom the Grantee intends to assign the Conservation Restriction, at the time of the assignment, shall qualify under Section 170(h) of the internal Revenue Code of 1986, as amended or any successor statute, and applicable regulations thereunder, and is a donee eligible to receive this Conservation Restriction under Section 32 of Chapter 184 of the Massachusetts General Laws, as amended or any successor statute; and 25 (3) . Any assignment shall be in compliance with the provisions of Article XCV1I (97) of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable. VII. SUBSEQUENT TRANSFERS The Grantor shall incorporate by reference the terms of this Conservation Restriction in any deed or other legal instrument by which the Grantor divests any interest in all or a portion of the Property, including a leasehold interest. The Grantor shall notify the Grantee in writing within 20 days of such transfer. Failure to do so shall not impair the validity or enforceability of this Conservation Restriction. Any transfer will comply with Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable. The Grantor shall not be liable for violations occurring after the Grantor's ownership. Liability for any acts or omissions occurring prior to any transfer and liability for any transfer if in violation of this Conservation Restriction shall survive the transfer. Any new owner shall cooperate in the restoration of the Premises or removal of violations caused by prior owner(s) and may be held responsible for any continuing violations. VIII. ESTOPPEL CERTIFICATES Upon request by the Grantor, the Grantee shall within thirty (30) days execute and deliver to the Grantor any document, including an estoppel certificate, that certifies the Grantor's compliance with any obligation of the Grantor contained in this Conservation Restriction. IX. NON MERGER The Grantor and Grantee intend that any future acquisition of the Premises shall not result in a merger of the Conservation Restriction into the fee. The Grantor agrees that the Grantor will -not grant, and the Grantee agrees that the Grantee will not take title, to any part of the Premises without having first assigned this Conservation Restriction to ensure that merger does not occur. X. EFFECTIVE DATE This Conservation Restriction shall be effective when the Grantor and the Grantee have executed the Conservation Restriction deed; the administrative approvals required by Section 32 of Chapter 184 of the Massachusetts General Laws have been obtained; and the Conservation Restriction deed has been recorded in the Middlesex County Registry of Deeds. This Conservation Restriction shall be recorded in a timely manner. XI. NOTICES . Any notice, demand, request, consent, approval, or communication that either the Grantor or the Grantee desires or is required to give to the other shall be in writing and either served personally or sent by first-class mail, postage pre-paid, addressed as follows: 29 ~Gt~. To Grantor: David A. Pucci and Melissa A. Pucci 40 Sunset Rock Lane Reading, MA 01867 To Grantee: Town of Reading Conservation Commission 16 Lowell Street Reading, Massachusetts 01867 or such other address as either the Grantor or the Grantee from time to time shall designate by written notice to the other or that is reasonable ascertainable to the Grantor or Grantee. XII. GENERAL PROVISIONS A. Controlling Law The interpretation and performance of this Conservation Restriction shall be governed by the laws of the Commonwealth of Massachusetts. B. Liberal Construction Notwithstanding any general rule of construction to the contrary, this Conservation Restriction shall be liberally construed in favor of the grant to effectuate the purpose of this Conservation Restriction and the policies and purposes of Massachusetts General Laws, Chapter 184, Sections 31=33. If any provision in this instrument is found to be ambiguous, any interpretation consistent with the purpose of this Conservation Restriction that would render the provision valid shall be favored over any interpretation that would render it invalid. C. Severability If any provision of this Conservation Restriction or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Conservation Restriction shall not be affected thereby. D. Entire Agreement This instrument sets forth the entire agreement between the Grantor and the Grantee with respect to the Conservation Restriction and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Conservation Restriction, all of which are merged herein. XIII. MISCELLANEOUS A. Pre-existing public rights. Approval of this Conservation Restriction pursuant to Massachusetts General Laws, Chapter 184, Section 32, by any municipal officials and by the 27 Secretary of Energy and Environmental Affairs is not to be construed as representing the existence or non-existence of any pre-existing rights of the public, if any, in and to the Premises, and any such pre-existing rights of the public, if any, are not affected by the granting of this Conservation Restriction. 4o WITNESS our hands and seals this h 3 day of David A Pucci _ a --`J MelisPucci COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. -th day of _ X61 j before me, the undersigned On this L Notary Public, personally appe ed t o tcL H • Pt t c~ i ; ~~1'-5'5CL Pt'Lcc~ i proved to me through satisfactory evidence of identification, which as were µ li r f v c r s• to be the person(s) whose name(s) is/are signed on the preceding or attached documents, and acknowledged to me that he or she signed it voluntarily for its stated purpose. Signature of Notary Public Printed name of Notary Public My Co ssion Expires (date) (Place Notary seal or stamp above.) 291 1 C- '2,0 ACCEPTANCE OF GRANT BY CONSERVATION COMMISSION We, the undersigned, being a majority of the Conservation Commission of the Town of Reading, Middlesex County, Massachusetts, hereby certify that at a meeting duly held on the Conservation Commission voted to accept the foregoing Conservation Restriction pursuant to Massachusetts General Laws, Chapter 40, Section 8C, and agree to be bound by its terms. Dated: ~ Zo it X131`. . Dated: l// 31a~ ~f Dated: Dated: Dated: Dated: Dated: o Toner Commissioner COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. On this day of before me, the undersigned Notary P Z lic, personally appear d ~i5~ roved to me through satisfacto evidence of identification, which was/were b R IVO U L ck, to be the person(s) whose name(s) is/are signed on the preceding or attached documents, and acknowledged to e that he or she si e voluntarily for its stated purpose as members of the Reading Yons~ria/ion'ComxTilsiol/~ ok of N Pr 6 - [n~am\(e of /Notary Public My Commission Expires (date) (Place Notary seal or stamp above.) 3Q t ~-2 Commissioner APPROVAL OF GRANT BY BOARD OF SELECTMEN We, the undersigned, being a majority of the Selectmen of the Town of Reading, Middlesex County, Massachusetts, hereby certify that at a meeting duly held on , the Selectmen voted to approve the foregoing Conservation Restriction pursuant to Massachusetts General Laws, Chapter 40, Section 8C. Dated: Selectman Dated: Selectman Dated: Selectman Dated: Selectman Dated: Selectman COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. On this day of before me, the undersigned Notary Public, personally appeared proved to me through satisfactory evidence of identification, which was/were to be the person(s) whose name(s) is/are signed on the preceding or attached documents, and acknowledged to me that he or she signed it voluntarily for its stated purpose as members ofthe Reading Board of 'Selectmen. Signature of Notary Public Printed name of Notary Public My Commission Expires (date) (Place Notary seal or stamp above.) APPROVAL BY SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS COMMONWEALTH OF MASSACHUSETTS The undersigned, Secretary of Executive Office of Environmental Affairs of the Commonwealth of Massachusetts, hereby certifies that the foregoing Conservation Restriction to the Town of Reading has been approved in the public interest pursuant to Massachusetts General Laws, Chapter 184, Section 32. Dated: Secretary of Energy and Environmental Affairs COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. -On this day of , before me, the undersigned Notary Public, personally appeared proved to me through satisfactory evidence of identification, which was/were to be the person(s) whose name(s) is/are signed on the preceding or attached documents, and' acknowledged to me that he or she signed it voluntarily for its stated purpose. Signature of Notary Public Printed name of Notary Public My Commission Expires (date) (Place Notary seal or stamp above.) 1 tXHMIT A GRANT OF CONSERVATION RESTRICTION TO TOWN OF READING So much of the Property located at 40 Sunset Rock Lane, Reading, Massachusetts as is shown as "Conservation Restriction Easement" within the boundaries of Lot 4 on a certain plan entitled "Definitive Plan, Sunset Rock Lane; Reading, Mass.", Sheet 2 of 7, signed and, stamped by Sidney C. Field, Jr. Professional Land Surveyor #15320, dated July 30, 1997, revised through January 12, 1998, recorded at the Middlesex Registry of Deeds as Plan #99 of 1998, Book 28122, Page 535. The "Conservation Restriction Easement" on said plan is more particularly described as follows: Starting at the southeasterly comer of Lot 4 and thence punning. N80°59'23"W a distance of 123.15 feet; thence turning and running N82°29'20"E a distance of 151.89 feet; thence turning and running N07°30'40"W a distance of 45.12 feet; thence turning and running N36'03'41" W a distance of 187.70 feet; thence turning and running N85°06'08"W a distance of approximately 102 feet; thence turning and running N3 1'00'00"W a distance of 43.45 feet; thence turning and running N13°00'00"W a distance of 84.00 feet; thence turning and running N73°00'00'.'E a distance of 13.0.00 feet; thence turning and punning N30°00'00"E a distance of 47.81 feet; thence turning and ruining N8 0'00'00"E a,distance of 119.00 feet; thence turning and punning along the westerly sideline of Sunset Rock Lane to the point of the beginning. Containing an area of 41,600 square feet, more or less. 1$3 l G EXHIBIT B GRANT OF CONSERVATION RESTRICTION TO TOWN OF READING ~ X714 4.4 Sketch Plan of Land NO13s 51 ' 10 Showing Conservation Restriction On Lot 4 of Sunset Rock Lane Subdivision •03,41°V~ ,o 40 Sunset Rock Lane LOT 5A Reading. Massachusetts X36 ~0 11, 439 S1 h CONSERVATION RESTRICTION- EASEMENT NO~ E Nr8 of RE ROD D.H.. NpT30'40 W FND. c'Np- 79.90 34. TB 45.12 r 77.07 ~N0T30'4o N07-30'40 "W ( a~K N'5 NOt00 '00'0 0"E ZB 0~ ~'Tr. r84~00~_..~ 1N~Op t u>' N13'00_ '~Cv rLOT N ~ 4 58, 739 s LOT 5 l 3, 000 SF. UPL,gN4~ 2,Y.,90,9 S. F. (2UPG4S.F. 01 MlCON-5 ,R,0716AA, ry v C 9t§rp-I C-T IdN • 11 7 5-0, -6~tFfn '0 '01 A A\ ,N . oo. . 00. ry~ N28• ~ 3 W St~~R o Z \osF ~o M~ 9047 11^6000.4 \F` \J ip P V ~ Ns ~3~j• ~w t m 702~m N23 01 4a i / 20.004 57 3y ~,Ty 66! R-2 5.00 _ 1 ~d,6j L-725.97 L-16.00 O=7TOd'so 00 p=36'21'54 34 r,'L~ Commonwealth of Massachusetts Board of Library Commissioners 98 North Washington Street • Suite 401 • Boston, MA 02114 617 725-1860 • . 800 952-7403 (in state only) ° Fax: 617 725-0140 July 14, 2011 Ruth Urell Reading Public Library 64 Middlesek Avenue Reading, MA 01867 Dear Ms. Urell, Commissioners Thank you for participating in the Massachusetts Public Library Construction Program (MPLCP) Chairman 2010-2011 Construction Grant Application Round. The Board of Library Commissioners and its Katherine K. Dibble staff appreciate the time and effort that went into the completion of the Reading Public Library's Boston application. Vice-Chairman At the Jul 14, 2011 meeting of the Massachusetts Board of Library Commissioners, the Board Francis R. Murphy y Arlington voted to make Provisional Grant Awards and Waiting List placements for the 2010-2011 Construction Grant Round. The Board voted that the Reading Public Library project be placed on 3ry Rose Q the Waiting List, with a rank of #2 of 15. When funds become available, a Provisional Grant Secretary Quinn ,burn Award will be in the amount of $5,105,114 for the Reading Public Library's construction project. Carol B. Caro Grant reviewer comments about your specific project will be discussed with you on an individual Brookline basis in a separate meeting with our staff in the corning months. We will be in contact after George T. Comeau, Esq. September 5th to arrange this meeting with you and your design team. Canton Vicki L. Kaufman For your information, we have included the Code of Massachusetts Regulation 605 CMR 6.00 Weymouth that governs the Massachusetts Public Library Construction Program. For future reference your Dr. Em Claire Knowles project consultant is Rosemary Waltos. Medford Gregory I Shesko Congratulations on reaching this important milestone with the Reading Public Library's Needham placement on the Waiting List. Alice M. Welch Leominster Sincerely, Director Robert C. Maier Robert C. Maier Director Enclosure: 605 CMR 6.00 Project Summary G ZG, 35 Deval L. Patrick, Governor Timothy P. Murray, Lt. Governor Jeffrey B. Mullan, Secretary & CEO Frank DePaola, Acting Administrator Via First Class Mail James E. Bonazoli, Chairman Reading Town Hall 16 Lowell Street Reading, MA 01867 ionazoli@ i reading.ma.us Dear. Chairman Bonazoli: OT 1' d Z-7 Massachusetts Department of Transportation -q Highway Division July 22, 2011 cz~ C_ C r_ Na NOTICE OF PRO® C HEARINGS ROUTEANDPUB w In accordance with '49 C.F.R. § 397.71(b)(3), the Massachusetts Department of Transportation ("MassDOT") is providing Notice of the City of Boston's proposed routing designation for the transportation of Non-Radioactive Hazardous Materials ("NRHM") along the I-93/1-95 corridor. Hearings will be held on August 23, 24, 30, and September 1 at the below locations. Comments will be accepted until 5:00 p.m. on September 23, 2011. . Boston Tuesday, August 23, 201.1 State Transportation Building 10 Park Plaza, 2nd Floor Boston, MA 02116 6:30 p.m. - 8:30 p.m. Waltham Tuesday, August 30, 2011 Clark Government Center Main Auditorium 119 School Street Waltham, MA 02451 6:30 p.m. - 8:30 p.m. uinc Wednesday, August 24, 2011 Thomas P. Crane Public Library 40 Washington Street Quincy, MA 02169 6:30 p.m. - 8:30 p.m. Stoneham Thursday, September 1, 2011 Stoneham Town Hall Auditorium 35 Central Street, Stoneham, MA 02180 6:30 p.m. - 8:30 p.m. Under the proposed routing designation, the City of Boston would prohibit the use of where point neith of ori City streets for the "through" transportation oNRH Would designate I-93/I-95 as the prescribed destination within the City of Boston. Theproposal through route over which such NRHM approaching of the on Boston is to be transported. within the City wou d be Within Boston, only shipments to destinations/points ~ permissible, provided the motor carrier applies for and receives a permit from the City. For vehicles approaching Boston from Quincy in route to Everett, the routing evaluation prepared by the City identifies the proposed north bound route as: start at Exit 9 on I-93 and continue as follows: Start on I-93 at Exit 9, South on I-93 to I-95N access ramp, North on I-95 to I-93S way access ramp, South on the I-93 to Route 38 ramp, pAve to Alford Route 38, Streets Northeast ion Alford Rutherford Avenue, Northwest on Rutherford ( Ten Park Plaza, suite 4160, Boston, MA 0211 Tel: 617-973-7000, TDD: 617-973-73M 36 www.mass.gov/massda i ,-Aiiina the Nation in Transportation Excellence "ZI Boston Hazmat Route Page 2 of 2 Street/Route 99, End on Alford St./Route 99 Bridge before Everett. For vehicles approaching Boston from Everett in route to Quincy, the routing evaluation identifies the proposed south bound route as: start on Route 99 Bridge before Everett and continues as follows: Start on Alford Street/Route 99 Bridge just before Everett, Southwest on Alford Street/Route 99, Northwest onto Main Street to Mystic Avenue/Route 38, North on the Mystic Avenue to I-93 ramp, North on the I-93 to I-95S ramp, South on I-95 to I-93N ramp, North on I-93, End on I-93 at Exit 9. MassDOT encourages you to submit all comments and concerns regarding the proposed route to Thomas F. Broderick, P.E., Acting Chief Engineer, MassDOT, 10 Park Plaza, Suite 4160, Boston, MA 02116, ATTN: BOSTON HAZMAT ROUTE. Submissions will also be accepted at any of the public hearings or electronically at bostonhazmat@state.ma.us. For additional information, including the City of Boston routing evaluation, please visit ay. MassDOT's website at h!tp://www.massdot.state..,ma.us/Highw Sincerely, Thomas F. Broderick, P.E. Acting Chief Engineer 37 i C. 2, S Page I of') Schena, Paula From: Hechenbleikner, Peter Sent: Monday, July 25, 2011 10:44 AM To: Schena, Paula Subject: FW: Hazardous Material TM report 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.rn. - 7:00 P.M. Friday. CLOSED phone- 781-942-9043 fax 781-942-9071 web www readingma.gov ernail townrnanager(-5ci reading.ma.us Please let us know how we are doing - fill out our brief customer service survey at http:/lreadingma-survey.virtualtownhall.net/survey/sid/l dc7dcf24f2ebl 82/ From: Burns, Greg Sent: Thursday, July 21, 20112:36 PM To: Schena, Paula; Hechenbleikner, Peter Subject: RE: Hazardous Material Peter, imacr ine We do have these materials on Route 128 and 93 currently. if this goes nto off Route 93 South Would see an increase of trucks carrying hazardous materials on Route t travel south on Route 128 South in an effort to go around Boston. Reading's area of vulnerability would be the 128 Route 93 cloverleaf. Several weeks ago I contacted the MEMA Regionl D~r~~ the Director sof not aware MEMA ~1gh Plg if they are inquired with Region 1 and 1 have also sent an email aware of the proposal and what they see as the potential impacts. I will keep you informed of any developments. Greg Chief (I regc,r~* . BUMS ]:calling Fire llelrirtrnent. 757 Main Strect Ftcacl'l1g, M`' U 186-17 (1'1 7,41.94.4.3 132 (l') -R 1.942.9114 38 Page 2 of 3 wn,n). rea~liq)nw. you fcustorner sertiice survey at lcuse !et its luum+ how tire (We cloirtg -,fill out our bric, survey.virtualtownhall.net/survey/sid/ldc7dcf24f2eb182/ . From: Schena, Paula Sent: Thursday, July 21, 20118:23 AM To: Burns, Greg Subject: FW: Hazardous Material Greg, any comments? Paula Schena Office Manager Town of Reading 16 Lowell Street Reading, MA 01867 http://readingma- Phone: 781-942-6643 Fax: 781-942-9071 pschena@ci. reading. ma. us www.readingma.gov Town Hall Hours: Monday, Wednesday and Thursday - 7:30 a.rn. - 5:30 p.m. Tuesday - 7:30 a.m. to 7:00 p.m. Friday - CLOSED Please let us know how we are doing -fill out our brief customer service survey at http:/lreadingma- survey.virtualtownhall.net/survey/sid/de8bdaa16db9e6b4/ From: Hechenbleikner, Peter Sent: Wednesday, July 20, 2011 5:15 PM To: Schena, Paula Cc: LeLacheur, Bob Subject: Re: Hazardous Material Puri this in TM report for 8-2. Ask Greg of it has any impact - my sense is that these materials are already on 195 Sent from my iPhone Pete On Jul 20, 2011, at 2:20 1'M, "Schena, Paula" <pschena q.ci.reading.ma.us> wrote: Greg McGowan (617-248-2993) from MassDOT called. He noted that the City of Boston is drafting a proposal to limit the transport of hazardous. material in Boston. Orie of the alternate routes they beginning stages but MassDOT wants the towns to be will is in the are proposing is 9. information The proposal forthcoming. aware of this. More Paula Schena Office Manager Town of Reading. 16 Lowell Street Reading, MA 01867 Phone: 781-942-6643 Fax: 781-942-9071 pschena@ci.reading.ma.us www.readingma.gov 39 t r30 Page 3 of) Town Hall Hours: Monday. Wednesday and Thursday - 7:30 a.m. - 5:30 p.m. Tuesday - 7:30 a. m. to 7:00 p.m. Friday - CLOSED Please let us know how we are doing - fill out our brief customer service survey at http:/Ireadingma- survey.virtualtownhall.net/survey/sid/de8bdaa16db9e6b4/ 40 ~G✓~ Massachusetts .Department of Elementary and Secondary Education ~p1 75 Pleasant Street, Malden, Massachusetts 02148-4906 Telephone: (781) 338-3000 TTY: N.E.T. Relay 1-800-439-2370 Mitchell D. Chester, Ed.D. Commissioner July 20, 2011 John F. Doherty, Ed.D. Superintendent of Schools Reading Public Schools 82 Oakland Road Reading, MA 01867 Dear Superintendent Doherty: iV 0 C r w This is in response to your letter of June 27, 2011, in which you stated that due to a miscalculation in making up school days lost due to snow emergencies, one school in Reading, the Wood End Elementary School, operated for only 179 school days in the 2010-2011 school year. The Student Learning Time regulations, 603 CMR 27.03(3), require every school committee to operate the schools within its district at least 180 school day's in a school year. htt ://w-w-w.doe.mass.edu/lawsre s/603cmr27.html?section=all. You noted that despite the district's failure to provide the required minimum 180 school days at the Wood End Elementary School, the students did receive 930 hours of structured learning time over the 179 school days, which exceeds the 900-hour minimum for elementary schools required in section 27.04(1) of the regulations. You asked for guidance from the Department as to next steps you should take, and requested a waiver of the 180-day regulation if the district is eligible for a waiver under these. circumstances. I appreciate your forthrightness in bringing this matter, to my attention and your willingness to take full responsibility for this oversight. students at the Wood End Elementary School. I ake the 180er of the 180-day school year for the s day minimum requirement very seriously because student learning time is a precious resource. Our policy on this issue was most recently restated in my February 2011 memo to school superintendents on Student Learning Time: Guidance on the 180-Day Requirement, htip //w~vw doe mass edLi/news/news.aspx?id=5984: If a school is closed for health/weather/safety emergencies between the first day of the school year and March 3 expect the school district to make up all days lost by adding the appropriate number of full days to ensure a 180-day school year. Had you requested a waiver in the wintertime when these events occurred, I would not have granted it. The. school year has ended and you have acknowledged the oversight, but these facts do not compel me to change my view and grant the waiver now. 41 t In terms of next steps, Mass. General Laws Chapter 71, Section 4A, provides for withholding of state aid when a school district fails to keep schools open for the required number of days. The statute reads as follows: Every town which, without having received a specific exemption from the board of education, fails to keep open all schools required to be maintained under sections one and four or fails to provide school facilities under section six for grade nine through twelve, the number of days required by said board in each school year shall have deducted from the sum of school aid payable to it under chapter seventy an amount equal to the proportion which the number of such days during which schools were not kept open bears to the total number of days required that they be kept open by said board. The state school aid for Reading attributable to the Wood End Elementary School is $4115 per day. Since the fourth quarter payments of state aid for FY2011 have already been processed, I anticipate deducting $4115 from Reading's first quarter FY2012 payment, to account for the one required day that Reading failed to provide school for students at the Wood End Elementary School. You stated in your letter: "Next year, all schools in the Reading Public Schools are scheduled to attend 181 school days." I take this to mean that in the 2011-2012 school year, all students in the Reading Public Schools, including students in the Wood End Elementary School, are scheduled to attend school for 181 school days. By taking this action, you and the school committee recognize that the 180-day requirement is indeed merely a minimum. I appreciate your commitment to the students of Reading and wish you a pleasant summer and a successful school year ahead. Sincere y: Mitchell D. Chester, Ed.D. Commissioner C: . Jeff Wulfson, Deputy Commissioner Chair, Board of Selectmen, Town of Reading 42 ~ X33 Certificates of Appreciation for Retiring Volunteers Who Served 5 or more years Zoning Board of Appeals Clark Petsehek - 5 years Board of Health Colleen Seferian -12 years _Advisory Committee on the Cities for Climate Protection Program Stephanie Anderberg - 5 years Tracy Sopchak - 5 years Council on Ain Stacy Bertocchi - 6 years Economic Development Committee Russell Graham - 5 years Human Relations Advisory Committee Margaret Soli - 10 years Recreation Committee Christopher Campbell -18 years Mary Anne Kozlowski - 8 years John Winne 14 years 43 3 (L.f SELECTMEN'S LIA ISON A SSIGNMENTS - FY12 Goldy 4ccounting Department Community Services Department Schubert > Board of Appeals Schubert > Cities for Climate Protection Program Committee Tafo a > Community Planning and Development Commission / MAPC Anthon Conservation Commission Anthon r Economic Development Committee Tafo a/Golc r Fall Street Faire Committee Schubert > Historical Commission Tafo a Board of Health Schubert "v Constable ncil on Aging /Mystic Valley Elder Services C Anthon ou Finance Department Schubert Board of Registrars - Gold Trust Fund Commissioners Schubert Board of Assessors Anthon v Finance Committee Bonazoli Housing Authority Tafoya Library Department > Cultural Council Bonazoli Department of. Public Safety `r Human Relations Advisory Committee > Police De arti-nent Fire Dc artment Goldy Department of*Public Works Board of Cemetery Trustees v MWRA Trails Committee > Town Forest Committee > Recreation Committee Bonazoli Reading Municipal Light Department - - Anthony j School Department 44 U{ C(-- Volunteer Appointment Subcommittee . July 26, 2011 The meeting convened. at 7:00 p.m. in the Conference Room, 16 Lowell Street; Reading, Massachusetts. Present Were Selectmen 'Ben Tafoya and James Bonazoli, Town Manager Peter 1-fechenbleikner, Andrew Friedman, Richard Hand, Janann Ali, Virginia Adams. The Volunteer Appointment Subcommittee (VASC) interviewed Andrew Friedman for a position on the Board of Health. He works for DEP and would be able to avoid any conflict of interest by not doing any work related to Reading. The VASC interviewed Richard Hand for a position on the Recreation Committee. He now coaches soccer for girls under 14 but is not involved in the governance of the soccer program. He is an employee of Honeywell dealing with energy efficiency programs. The VASC interviewed Janann Ali for a position on the Historical Commission. She is a patent attorney and recently moved from Cambridge. She lives in a historic home on Woburn Street. Virginia Adams asked if she could be appointed to a regular member position so that quorum issues could be avoided. There are also other applicants who can be interviewed at a later date, and if Ms. Ali wants to move to an Associate membership at that time she can do that. The Board interviewed Damase Caouette for the Zoning Board of Appeals. He is currently an Associate member and would move up to a position as a regular member. Following interviews, the VASC approved the following motion by Bonazoli seconded by Tafo a: Mr. Friedman be recommended for the Board of Health position for a term expiring June 30, 201,4- -Mr. (land be recommended for a position on the Recreation.Committee for a term expirina June 30, 2014 Ms. Ali be recommended fora position on the Historical Commission for a term expirin June 30, 2014; Mr Caouette be recommended for a full position on the Zoning Board of Appeals with a term expiring June 30, 2014. The motion was approved by a vote of 2-0-0. On motion by Bonazoli seconded by Tafoya the VASC voted to adjourn at 7:30 p.m. on 4 vote of 2-0-0. Respectfully submitted, Secretary 45 9 L' klefwbllo~ VACANCIES ON BOARDS, COMMITTEES, COMMISSIONS AS OF 7/6/11 COMMUNITY SERVICES Board of Appeals- (3 year term) I member Board of Health - (3 year term) 1 member Council on Agin g - (3 year term) t member; (I year term) I member DEPARTMENT OF PUBLIC WORKS Town Forest Committee - (3 year term) I' member, (I year term) 1 member Recreation Committee - (3 year term) I member PUBLIC SAFETY Human Relations Advisory Committee - (3 year term) I member LIBRARY DEPARTMENT Cultural Council - (3 year term - 6 years max.) 2 members To be considered for appointment to any of these positions, please apply at the Town Clerk's office. 46 "6 -t' DRAFT Policy establishing an ad hoc Committee to Review Amplified Sound on Public Property under the Jurisdiction of the Board of Selectmen ad hoc Committee to Review An li red Sound on Public Property urTder the Jurisdiction o the ljoara o Selectmen P .f` t until rO~toberr Property under 2011 t or There is hereby created an ad hoc Committee to Review Anhd shall Sound Jurisdiction of the Board of Selectmen (the ad hoc Comrntttee), h such earlier date the ad hoc Committee may have completed dditional 3 rmonthsms of ad hoc committee until members may be extended by the Board of Selectmen for Up to nts of Reading for terms expiring October 31, The ad hoc Committee shall consist of seven (7) reside 2011. In selecting the membership, an attempt will be made to fill the membership as follows: o 2 members of the Board of Selectmen; their members; o 2 members appointed by the Recreation Committee from among o 3 Residents at Large appointed by the Board of Selectmen, ST The residents at large shall onot f the members of the Recreation Committee or the Board of Pla PubMlic members at large shall live within 300 feet of one of hfollowing Park Sturgis and Recreation. Areas: Birch Meadow, Hunt Park, Longwood Park, Symonds Way, Washington Park, or school grounds that are used for public recreation. The ad hoc Committee shall perform the following activities related to the issue of the use a plified sound in Public Parks, Playgrounds, and Recreation Areas under the jurisdiction of the nd the scope of the charge to the ad hoc committee, and develop a ,work plan which: . Reviewand understa 1 and schedule; regulations, 2. Review and understand "Section 4-14 Rules an Selectmen Policiesandi Rules and blic Parks, playgrounds, and Recreation Areas" of the Board of shall, on any public park, and especially to Section 4.14.3 Rule 3: "RULE 3. No per-son luyground, recreation or other area under the jurisdiction of theRecreation Committee in. the person or utter any profane,. P Town of Reading, solicit the acquaintance o or annoy another solicit subscri ption threatening abusive or indecent language or aloud as defined by Chapter 138, contribution; or have possession of, or drink any ame o chance, or have possession of any instrument Section 1, of the General Laws; or play any g of or other canvass; or preach or pray of gambling; or make an oration or harangue or any political aloud; or do any obscene or indecent act; or play any m sic l tort their true de ogrz e (any emphan d ainplijier, except by iw°itten authority from the Recreation Co added); 3. Reach out to Town Departments Boards/Committees/Commissions r ememphasis those volunteer atihleti the organizations, and the community broadly (with parts P on who live n proximity of public parks, playgrounds, and recreation areas) that may have an interest in this issue, and request their information and ideas; 4. Develop draft amendments to "Section 4-14 Rules and Regulations Relating to Public Parks, Playgrounds, and Recreation Areas ; 5. If amplified sound is recommended to be allowed in Public dPar s, Platgro od ,and Recreation Areas with a permit from the Recreation Committee, develop 47 s~ the Recreation Committee on the circumstances and manner in which amplified sound is to be permitted; under the on the.issue of Amplified Sound on Public Property Prepare a preliminary report comment; report; Jurisdiction of the Board of Selectmen, and solicit public input on the preliminary 7. Submit the preliminary to the Board of Selectmen for their review and 8. Based on review with the Board of Selectmen, finalize the report and submit it to the Board of Selectmen; Staff and 'I'owa Counsel will be assigned to work with mthe ad .en through Conimittee on Town Managelrf eTheoad hoc Public Properly under the Jurisdiction of the Board of Sele the Corminitiee will be considered to be part of the. Town Managers Office for administrative purposes. Adopted S~2 48 49 610 k FP-2 (Rev. 05-2009) License. Massachusetts General Law, Chapter 148 § 13 Q New License U Amended License GIS Coordinates 42.5105 N LA 1. 71.0942 W LONG. Ltccnse Nun- cr After notice and hearing, and in accordance with Chapter 148 of the Mass. General Laws, a license is hereby granted to use the land herein described for the purposes described. Location of Land: 178 MAIN STREET, Parcel # 114 Number, Street and Assessor s Map and Parecl iD Owner of Land: GLOBAL MONTELLO GROUP CORPORATION LLC Address of Land Owner: 7300 West Friendly Ave. MS F-76, Greensboro, NC 27420 Flammable and Combustible Liquids, Flammable Gases and Solids Complete this section for the storage offlammable and combustible liquids, solids, and gases. All tanks and containers are considered full for the purposes of licensing and permitting. (Attach additional pages if necessary) PRODUCT NAME CLASS MAXIMUM UNITS CONTAIN R QUANTITY gal., lbs, cubic feet drums Tank #1 gasoline 10,000 gallons UST 10,000 gallons UST Tank #2. gasoline, - Tank #3 Diesel 10,000 gallons UST _ _-Tank #4 Gasoline 10 000 aa> > ons IIST LP-gas (Complete this section for the storage of LP-gas or propane) Maximum quantity. (in gallons) of LP-gas to be stored in abm'e«round containers: List sizes and capacities of all aboveground containers used for storage- Maximum quantity (in gallons) of LP-gas to be stored in underground containers: List sizes and capacities of all underground containers used for storage. Total aggregate quantity of all LP-gas to be stored: FireNyorks (Complete this section for the storage of fireworks) Maximum amount (in pounds) of Class L3G: Maximum. amount (in pounds).Qf Class IAG: 'Maximum amount (in pounds) of Class I.4: Total aggregate quantity of all'classes.of fireworks to be•stored: 50 s~2 EM jpgiVes (Compiete this section for the storage of explosives) ❖ Maximum amount (in pounds) of Class 1.1: ❖ Maximum amount (in pounds) of Class 1.2: ❖ Maximum amount (in pounds) of Class 1.3: ❖ Maximum amount (in pounds) of Class 1.4: ❖ Maximum amount (in pounds) of Class 1.5: • Maximum amount (in pounds) of Class 1.6: Number of magazines used for storage: Number of magazines used for storage: Niunber of magazines used for storage: Number of magazines used for storage: Number of magazines used for storage: Number of magazines used for storage: Licensing Authori Use: This license is granted upon the condition that the licensed activity will comply with all applicable laws, codes, rules and regulations, including but not limited to Massachusetts General Law, Chapter 148, and the Massachusetts Fire Code (527 CMR) as amended. The license holder may not store materials in an amount exceeding the capacities herein specified unless and until any amended license has been granted. ADDITIONAL RESTRICTIONS: Title Date Signature of Licensing Authority THIS LICENON THE LAND FOR WHICH IT IS GRANTED. SPICIOUSLY POSTED Page 2 FP-2 (Rev. 05/2009) 51 63 W i r a FP-2 (Rev. 05-2009) 0f READING License Massachusetts General Law, Chapter 148 § 13 GIS Coordinates ".a.L----- T. 71.05129 W LON . ❑ New License )6 Amended License L___ After notice and hearing, and in accordance with Chapter 148 of the Mass. General Laws, a license is hereby granted to use the land herein described for the purposes described. Location of Land: 1330 MAIN STREET? Parcel # 76 Number, Street and Assessor's Map and Parcel ID Owner of Land: GLOBAL. MONTELLO GROUP"'-CORPORATION LLC Address of Land Owner: 7300 West Fri endly Ave. MS F-76, Greensboro, NC 27420 Flammable and Combustible Li uids Flammable Gases and Solids Complete this section for the storage of f lammable and combustible liquids, solids, and gases. All tanks and containers are considered _full for the purposes of licensing and permitting. (Attach additional pages if necessary) PRODUCT NAME CLASS ~an.k #1 Gasoline Tank #2 Gasloine '..Tank #3 Diesel MAXIMUM Y UNITS lbs gal. CONTAIIVER UST, AST, IBC, QUANTIT , , cubic feet . drums 10,000 gallons UST 10,000 gallons UST 10,000 gallons UST j,P as (Complete this section for the storage of LP-gas or propane) ❖ Maximum quantity (in gallons) of LP-gas to be stored in aboveground containers: List sizes and capacities of all aboveground containers used for storage ❖ Maximum quantity (in gallons) of LP-gas to be stored in underground containers: List sizes and capacities of all underground containers used for storage Total aggregate quantity of all LP-gas to be stored: Fires (Complete this section for the storage offireworks) ❖ Maximum amount (in pounds) of Class' 1.3G: ❖ Maximum amount (in pounds) of Class IAG: ❖ Maximum amount (in pounds) of Class 1.4: Total aggregate quantity of all classes of fireworks to be stored: THIS LICENSE R POSTED A CERTIFIED COPY THEREOF MUST BE ON THE LAND FOR WHICH IT IS GRANTEDSPICIOUSLY 65 License Num er 5b1~ EXp1pS VeS (Complete this section for the storage of explosives) Maximum amount (in pounds) of Class 1.1: ❖ Maximum amount (in pounds) of Class 1.2: Maximum amount (in pounds) of class 1.3: ❖ Maximum amount (in pounds) of Class 1.4: Maximum amount (in pounds) of Class 1.5: Maximum amount (in pounds) of Class 1.6: Number of magazines used for storage: Number of magazines used for storage: Number of magazines used for storage: Number of magazines used for storage: Number of magazines used for storage: Number of magazines used for storage: Licensing Authority Use: This license is granted upon the condition that the licensed activity will comply with all applicable laws, Chapter 148, and the codes, rules and regulations, including but not limited to Massachusetts General Law, Massachusetts Fire Code (527 CMR) as amended. The license holder may not store materials in an amount exceeding the capacities herein specified unless and until any amended license has been granted. ADDITIONAL RESTRICTIONS: THIS LICENSPE OR A CERTIFIED COPY ED ON THE LAND FOR WHICH SPICIOUSLY IT IS GRANTED. Z , gp_2 (Rev. 05/2009) 66 ~ 1 Page 1(j"/ Division of Local Services Massachusetts Department of Revenue ADVANCE OF FUNDS IN LIEU OF BORROWING REPORT City/Town/District of Town of Reading, Massachusetts Purpose of Issue KILLAM SCHOOL REMODELING ( Green Rep airs) Authorization Subsequent Town Meeting 11/08/10; Article 9, pursuant to Ch. 44, s7(3A) & 70B (Date and article of town meeting vote and M.G.L. citation) Grant Number 201102460017E (If applicable) A Amount of Lgan Authorized a: t r ` 4 i $ 0,000.: 1;5 Computation of Limit on Total of Advances: B. Unappropriated Free Cash 06/30111 $ 3,471,031 C. Stabilization Fund 06/30/11 $ 1,524,830 D. 1 % of FY 12 Budget $ 748,784 E. Greatest of line B, C or D $ 3,471,031 F. Other Advances Outstanding $ 446,500 G. Remaining Limit ( line E less line F) $ 3,024,531 H. Amount to be Advanced - This Issue $ 1,413,500 (not to exceed line G) Date of Advance: July 1, 2011 F--7-1 7.27 Approved: Mayor or City Manager, Majority of Selectmen or Commissioners Please send 1st Copy to: Accountant or Auditor See IGR #92-105 for instructions and accounting procedures Date of Repayment to General Fund: Accountant / Auditor Please send 2nd Copy to: Division of Local Services Public Finance Section PO Box 9569 Boston MA 02114-9569 t (Revised: December 2003) 78 Massachusetts Department of Revenue Division of Local Services ADVANCE OF FUNDS IN LIEU OF BORROWING REPORT City/Town/District of Town of Reading, Massachusetts Purpose of Issue Authorization Grant Number BIRCH MEADOW SCHOOL REMODELING (Green Repairs) Subsequent Town Meeting 11/08/10; Article 9, pursuant to Ch. 44, s7(3A) & 70B (Date and article of town meeting vote and M.G.L. citation) 201102460005E (If applicable) ' i5 0 010 0A q.,rAmount`of Loan Authorized rnputation of Limit on Total of Advances: B. Unappropriated Free Cash C. Stabilization Fund D. 1 % of FY 12 Budget .E. Greatest of line B, C or D F. Other Advances Outstanding G. Remaining Limit (line E less line F) H. Amount to be Advanced - This Issue (not to exceed line G) Date of Advance: Approved: 06/30111 $ 3,471,031 06/30/11 $ 1,524,830 $ 748,784 $ 3,471,031 471,031 $ 446,500 July 1, 2011 Mayor or City Manager, Majority of Selectmen or Commissioners Please send 1st Copy to: Accountant or Auditor See /GR #92-105 for instructions and accounting procedures Date of Repayment to General Fund: Accountant l Auditor Please send 2nd Copy to: Division of Local Services Public Finance Section PO Box 9569 Boston MA 02114-9569 (Revised. December 2003) 79 TOWN OF READING, MASSACHUSETTS CERTIFICATE RELATING TO CERTAIN MINUTES OF A MEETING OF THE BOARD OF SELECTMEN Dated: )201 We, the undersigned members of the Board of Selectmen (the' "Board") of the Town of Reading, Massachusetts (the "Town"), hereby certify that the following is a true copy of excerpts from the minutes ofa Iregular] (special] * meeting of the Board duly called and held on August 2, 2011 at p.m. at the Selectmen's Office (the "Meeting"), pursuant to due and proper notice of the date, time, place and purpose of the Meeting given to each Selectmen. The C, C?, Meeting was attended by (_j of the five (5) members of the Board of Selectmen, IV t_` constituting a quonim, who were present and voted throughout; the following vote was duly C'•,.?f~'/ adopted by vote of yeas, nays and U absent (thc "Vote"). The Meeting considered the $2,050,000 Water Bond expected to be issued to the Massachusetts Water Resources Authority. Thereupon, after full discussion and upon motion duly made and seconded, it was "VOTED: That the Town Manager be hereby authorized on behalf of the Town to enter into and to execute a Loan Agreement and a Financial Assistance Agreement with the Massachusetts Water Resources Authority (the "Authority") and any other agreements as may be deemed necessary in connection with the issue and sale of an interest fi•ee loan in the aggregate principal amount of a $2,050,000 Water Bond-(the "Bond") to Authority; That the Bond is authorized pursuant to Chapter 44, Section 8(5), of the General Laws, as amended and supplemented, and being a portion of the $2,285,000 Water Bonds authorized by a vote of the Town duly adopted under Article 7 at the Subsequent Town Meeting called for November 8, 2010, shall be an interest free loan in the aggregate principal amount of $2,050,000 dated as of its date of issue, and shall be payable $205,000 on August 15 in each of the years 2012 to 2021, inclusive." We hereby certify that the foregoing is a true copy of the Votes adopted at the Meeting as appearing in the minutes thereof; that the Meeting was open to the public; that notice stating the place, date, time and purpose of the Meeting was filed with the Town Clerk of the Town of Reading and a copy thereof was posted in the Town Clerk's office or on the principal official bulletin hoard of the Town at least 48 hours, not including Saturdays, Sundays and legal holidays, prior to the time of the Meeting and remained so posted at the time of the Meeting; that no .deliberations or decisions in connection with the Votes were taken in executive session; and that the official record of the Meeting was made available to the public promptly and will remain * Delete that which is inappropriate. 80 SS ~ available to the public, all in accordance with Chapter 30A, §§18-25, of the General Laws, as amended (the "open-meeting law"). We further certify that the aforesaid Votes have not been in any respect, amended or rescinded but still remain in full force and effect as of the date hereof, Approved: Town Treasurer Board of Selectmen a I, the undersigned Cleric of the Town of Reading, Massachusetts, affix hereto the Town seal and my official signature for the purpose of authenticating the foregoing signatures of the Selectmen and the Town Treasurer, and of certifying that each has been duly elected or appointed to, has qualified for and is presently acting in his or her respective office. I further certify that the aforesaid Votes have not been in any respect amended or rescinded and remain in full force and effect as of the date hereof. Town Cleric (TOWN SEAL) BOS11I 12621640.1 81 5~z $222,200411' THE COMMONWEALTH OF MASSACHUSETTS TOWN OF READING SEWER BOND $222,200" The Town of Reading (hereinafter called the "Municipality") in the County of Middlesex and in The Commonwealth of Massachusetts promises to pay to the Massachusetts Water' Resources Authority (hereinafter called the "Authority"), or registered assigns, the sum of Two Hundred Twenty-Two Thousand Two Hundred Dollars ($222,200) in installments oh August 15 of each year as set forth below, without interest: Year Installment 2012 $44,440 2013 44,440 2014 44,440 2015 44,440 2016 44,440 Principal payments on this bond are payable at the offices of theAuthority at 100 First Avenue, Charlestown Navy Yard, Boston, Massachusetts 02129. Upon final payment of the principal of this bond the Authority shall cancel this bond and.retum it to the Municipality. This bond is the only instrument representing a borrowing of $222,200 issued by the Municipality pursuant to Chapter 44 of the General Laws, as amended, and a vote of the Municipality duly passed on the 9th day of November 2009. This bond is issued for the purpose of defraying the cost of improvements to the Municipality's sewer system as described in said vote. This bond is transferable only upon presentation to the Treasurer of the Municipality with a written assignment duly acknowledged or proved. No transfer hereof shall be effectual unless made on the books of the Municipality kept by the Treasurer as transfer agent and noted thereon by the Treasurer with a record of payments. 82 5d 3 In Witness Whereof the Municipality has caused this bond to be signed by its Treasurer and countersigned by its Selectmen and the seal of the Municipality to be affixed hereto as of the day of 2011. .Countersigned: Treasurer Selechz-len (Town Seal) BUS 111 12621619.1 sd~ 83 (Please Note: The following statements are an essential part of the permanent bond record. Read them carefully before signing this certificate. Advise Edwards Angell Palmer & Dodge LLP of any inaccuracy,) TOWN OF READING, MASSACHUSETTS $222,200 SEWER BOND SIGNATURE AND NO LITIGATION CERTIFICATE Wc, the Selectmen and the Treasurer of the Town of Reading, Massachusetts, certify that we have signed the $222,200 Sewer Bond (the "Bond") of the Town dated August 22, 2011, and payable, without interest, in installments on August 15 of each year as set forth below: Year Installment 2012 $44,440 2013 44,440 2014 44,440 2015 44,440 2016 44,440 The Bond bears the Town seal, which is also affixed to this certificate. We further certify that the Financial Assistance Agreement with the Massachusetts Water Resources Authority (the "Authority") dated August 22, 2011 providing for the sale of the Bond has been signed by the'rown Manager, and that the Loan Agreement dated August 22, 2011 relating to the Project financed by the Bond has been signed by the Town Manager and we hereby confirm those Agreements. The Financial Assistance Agreement and the Loan Agreement are sometimes referred to collectively in this certificate as the "Agreements", Capitalized terms used in this certificate and not otherwise defined shall have the sarne meanings given those teens in the Agreements. We, the Selectmen and the Treasurer, also certify as follows: 1, Authority. The Bond is issued pursuant to Chapter 44 of the General haws and the following vote of the Town: $222,200 Sewer Bonds being a portion of the $404,000 Sewer Bonds authorized tinder Article 9 at the Subsequent Town Meeting called for November 9, 2009 After this issue there remains $181,800 authorized unissued debt under that authorization. s< 84 Execution of the Agreements was further authorized by a vote of the Selectmen passed August 2,.2011 (the "Selectmen's Vote"). 2. Other Debt. No other debt has been incurred under that vote of the Town. 3. Use of Proi cot and Loan Proceeds. (a) No Reimbursement. None of the proceeds of the Loan and the Bond are being used by the Town to reimburse the Town for expenditures previously made fi•om funds other than proceeds of a borrowing. (b) Prior Notes or Bonds. No proceeds of the Loan or the Bond will be used to pay or retire any notes, bonds or other evidence of indebtedness previously issued by the Town. (c) No Sale of Project. The Town does not expect to sell any Project prior to repayment of the Loan and the Bond. (d) Use in Trade or Business. Not more than 5% of the gross proceeds of the Loan or the Bond are to be used (directly or indirectly) in any trade or business carried on by any person other than a state or local governmental unit. (Use in a trade or business includes all activities carried on by the federal government (including its agencies and instrumentalities), by so-called Section 501(c)(3) organizations and by all other nongovernmental entities other than natural persons, but does not include use as a member of or on the same basis as the general public.) The Town does not have or plan to have any contract or other arrangement not applicable to the general public under which a party, other than the Commonwealth or a local governmental unit is to have the use of the Project or is to make payments based on costs of the Project rather than sewer costs. (e) Private Loans. None of the gross proceeds of the Loan or the Bond are to be used by the'rown directly or indirectly to make or finance loans to others. (The foregoing representation does not preclude the financing of a Project whose costs are to be paid by betterment assessments over a period of years.) We, the Selectmen, the Treasurer and the Town Clerk, further certify as follows: (a) Authorization Execution and Delivery of Documents. The Loan Agreement, the Financial Assistance Agreement and the Bond have been duly authorized, executed and delivered. None of those instruments has been amended or supplemented since its date (except such amendments or supplements which have been approved by the Authority) or repealed and each such instrument remains in full force and effect as of this date. (b) Signatures and-lncumbency. The signatures of the Treasurer, and the Selectmen as appearing below are the genuine signatures of the persons who held those offices when the Agreements and the Bond were signed and when they were delivered. (c) Proceedings. No proceeding essential to the execution, delivery or issue of the Agreements and the Bond has been repealed or amended except as stated in paragraph (1) as say above, and no proceedings have been taken relating to the Agreements and the Bond other than those certified to Edwards Angel] Palmer & Dodge LLP, (d) Bylaws, The bylaws or votes described below are the only bylaws or standing votes of the Town affecting the authorization, sale or issue of the Bond, or the authorization, execution or delivery of the Agreements, and since April 20, 2011 there has been no change therein affecting those matters in any way except as may be indicated below: Town of Reading General By-Laws, as certified on April 20, 2011. (c) Home Rule, Since April 20, 2011 the Town has not adopted any amendments or additions to changes in the Town Charter. (f) Selectmen's Vote. Attached hereto is atrue copy of the Selectmen's Vote, which has not been amended or repealed and remains in full force and effect on this date. (g) Open Meeting Law. All proceedings essential to the issue of the Bond and the authorization, execution and delivery of the Agreements' and deliberations of a quorum relating thereto have been taken at a meeting or meetings open to the public; notice of each such meeting was filed in the office of the Town Cleric and publicly posted in the time and manner set. forth in G.L. C,30A, 18-25; no deliberations, decisions or vote in connection with the Bond or the Agreements were taken in executive session and no vote was taken by secret ballot; and the official record of each such meeting was made available to the public promptly and remains available to the public and, excepting any such meeting held within the last 22 days was made so available more than 21 days prior to the date hereof. (h) No Referendum. No petition for a referendum has been filed with respect to any of the proceedings essential to the authorization, sale or issue of the Bond or the authorization, execution or delivery of the Agreeirrents. (i) Development Districts. The Town fhasJfhas nofj* established any development districts pursuant to G.L. c.40Q. (j) Debt Limit. At the time of their authorization the Bonds were, and on the (late hereof the Bond is, within every debt and other limit prescribed by law or otherwise. * delete that which is inappropriate -3- 86 $2,050,000*41 THE COMMONWEALTH OF MASSACHUSETTS TOWN OF READING WATER BOND $2,050,000** The Town of Reading (hereinafter called the "Municipality") in the County of Middlesex and in The Commonwealth of Massachusetts promises to pay to the Massachusetts Water Resources Authority (hereinafter called the "Authority"), or registered assigns, the sum of Two Million Fifty Thousand Dollars ($2,050,000) in installments on August 15 of each year as set forth below, without interest: Year Installment Year Installment 2012 $205,000 2017 $205,000 2013 205,000 2018 205,OOD 2014 205,000 2019 205,000 2015 205,000 2020 205,000 2016 205,000 2021 205,000 Principal payments on this bond are payable at the offices of the Authority at 100 First Avenue, Charlestown Navy Yard, Boston, Massachusetts 02129. Upon final payment of the principal of this bond the Authority shall cancel this bond and return it to the Municipality. This bond is the only instillment representing a borrowing of $2,050,000 issued by the Municipality pursuant to Chapter 44 of the General Laws, as amended, and a vote of the Municipality duly passed on the 8th day of November, 2010. This bond is issued for the purpose of defraying the cost of improvements to the Municipality's water system as described in said vote. This bond is transferable only upon presentation to the Treasurer of the Municipality with a written assignment duly acknowledged or proved. No transfer hereof shall be effectual unless made on the books of the Municipality kept by the Treasurer as transfer agent and noted thereon by the Treasurer with a record of payments. 92 X13 In Witness Whereof the Municipality has caused this bond to be signed by its Treasurer and countersigned by its Sel d the seal of the Municipality to be affixed hereto as of the _ day of?) 2011. 0,4 Countersigned; Treasurer Selectmen (Town Scal) Cios l i l 12621642.1 93 d Sr-I r'1 - _ - _ - _ _ _ _ - - _ - - _ . r ~ V~`✓=}'/~'??G~/%7~~n+G7i/Lf'i i~f~:.~`~~/~:1v(,~t~t^.if~~~:~~,/r..: ? =~--x '=H,,, ~~r:;~:~ rieJr?t%re~• r%Jl~~r~C• ~r LiLP,. `~fu-.G?- 1^".;::ue r` !G~.;~r-~l:.~L 5 _s to _ ^ i+{::7'..e'7ZG O i..~` - Readinn ,ate pure 5, 2036 t: y or-ovn LICENSE 6n accr-arca the orcvsrcns of Cnaptes 148 eflhe General Laws, a icense is heret,! -raro== t_ use :ic- laae herein described far the law U use :,i the'ullang.... or oilier structuce_., wr:ci rare or is:are to be sttuaiec :i erecr, =na •>s -esc. teo or, the _toL plan tiled with the application `et this license. Location cl [an •"tail Street vearest cross stye=_t 3525 Gallows Rd.,'Fairfar, 7A_ 2203; C-rrer x tad `!cb_1 t?=i Corz)or= t: c.n - Ad ress _ Numoerof t und'nes ar I;.ersiruc!Jras:a vvi-tic. ".;is aoplicalicn aopiies . gasoline Fining Station;:Dcd Mart Oceceancy or use ci such ::-jddiry^s 7ctai caoacw/ ci cc-ainers r. oailons: - aboveground 90 JrderorounC 40 - 000 - Ct^cctiuicte5esta•eo:rcontainers•- ~Or000 clall•vns easollre; 10,000 as ]_qns ;Iesei Uou eWa t i oe rg l a; s Ras:nccic^ ( ~l'-wiiance -0zh the "own of Reading Gerteral 3`!-_s:, S. ? 3orag- aad_- dlin a Crude Petroleum or ar,1, ;rude Petroleum P riducts. - THIS ME`!SEi On H0 OS-r~TIC OR CERTIFIED COPY THI=R 'CP'.1UST 3E N~c G ~C<." ' - =c' IiJ H pnOrc TC i,O~ SSE ::OPYLL_--OIdS TO LIC~~Su .D?] .E`7°i.SE SIDE Cr LICENSE t ar_ 05 Ma --m trees sub=ect to: dit-ous to ' icense =c ?-ior td the Lssjance of the licease, a '_a.ndszap.t: g plain must be approved by the ?oatd of Selectme:i. _ • ?rior to placing diesel E•jel in t e tank, the vapcr recr.very sTstea must 'e re.piaza_d as :epreseated by the app---cant's rapresentarive_ 1 Signs •raist meet bylaw provisions. 6. Landscaoin.g must be mainta red as aoprove^ tircu-hc.:e tie life or the 11cense. 52 6bq D. X -03 Massachusetts Department of Environmental Protection ELII~ Underground Storage Tank Program Form FP-290 CMR 9.00 Notification for Underground Storage Tanks Regulated Under 527 Forward completed form to: Contact: MassDEP Bureau of Waste MassDEP Prevention UST Bureau of Waste Prevention UST Program 617-556-1035 eutro2gram P.O. Box 120-0165 Boston, MA 02112-0165 El A. New Facility (see instructions, #1) ( B. Amended to ation containing unde ground storage tanks gu ated under 27 CMR 9.00. if mo a than filete vefanks are owned at this location, phoocopy the follovoing pages and staple continuation sheets to the form. The FP- 290 must be completedg in duplicate. Although the form may, be photocopied, the facility owner or owner's are department will issue the permit Poprttiion of theeFP-2 0, however, registration is not complete The the FP- 290 Is received and checked by the Underground Storage Tank Program. All questions on. this form are to be answered. Incomplete forms will be returned. 1 "New FaciliV means a tank or tanks located at a site where tanks have not been previously located. ess" a street name. number street pro- office 2areanot streetcceptable e rand wi m cause as eg stration to be re turned aif geographic to ati on of facility numbers vided, pplease indicate distance and direction from closest intersection, e.g., (facility at 199 North Street is Iccated) 400 aids southeast of Commons Road (intersection). - Notification Required MassDEP UST Form FP-290 is to be used as Notification , Registration, and permit for underrgground storage tanks and tank facilities regulated under 527 Code of Massachusetts Regulations 9.00. No regulated un- derground storage tank facility shall be installed, maintained, replaced, substantially modified or removed without a permit (FP- 290) issued by the head of the local fire department The owner of any storage facility shall within seven working days notify the head of the local fire department and the Dept of Environmental Protection of any change in the name, address, or telephone number of the owner or operator of a storage facility subject to regulation by Chapter 148, Mass. General Law and by 527 CMR 9.00. Underground Storage Tanks Each owner of an underground tank first put into operation on or after Jan. 1, 1991, shall, within thirty days after the tank is first put into operation, no- tify the Department of Environmental Protection (the department) of the ex- istence of such tank, specifying, to he extent kn uses of such tank. the tank, date of installation, capacity, type, By no later than Jan. 31, 1991, each owner of an underground storage tank that was in operation at any time after Jan. 1, 1974, regardless of whether or not such tank was removed from beneath the surface of the ground at any time, shall notify the department of the existence of such tank, specifying, to the extent known, the owner of the tank, date of installation, capacity, type, location of the tank, and the type and quantity of substances stored in such tank, or which were stored in such tank before the tank ceased being in operation if the tank was removed from beneath the surface of the ground prior to the submittal of such notice to the department Such notice shall also specify, to the extent known, the date the tank was removed from beneath the surface of the ground prior to the submittal of such notice to the department The operator of any tank that has no owner or whose owner cannot be definitely ascertained, shall notify the department of the existence of such tank, specifying, to the extent known, any information relating to ownership of the tank, and date of installation, capacity, type, 1. OWNERSHIP OF TANK(S) Owner Name (Corporation, Individual, Public Agency, or Other Entity) Global Montello Group Corporation c/o Gilbarco Veeder-Root Street Address 7300 West Friendly Ave., MS F-7 Mailing Address (if different from street address) 27420- Greensboro NC Zip Code SIMS City Guilford r_ County 0001253-8054 _ A. Facility Number B. Date Entered C. Clerk's Initials D. Comments and in suloc ch flank, orwh ch were s o ed in such tank b fore the tank cea ed being in operation if the tank was removed from beneath the surface of the ground prior to the submittal of such notice to the department If the tank was abandoned beneath the surface of the ground prior to the submittal of such notice to the department, such notice shall also specify, to the extent known to the owner or operator, the date the tank was abandoned in the ground and all methods used to stabii'ize the tank after the tank ceased being in operation. Fxce'__._p_tion: (a) a farm or residential tank of 1,100 gallons or less capacity used for storing moor uel for noncommercial purposes, or (b) a tank used for storing heating oil for consumptive use on the premises where stored are not required to be registered under 527 CMR 9.00. Penalties: Any owner who knowingly fails to notify or submits false informa- tion shad be subject to a civil penalty not to exceed $25,000 for each tank for which notification is not given or for which false information is submitted. (MGL Chapter 148, section 38H, 527 CMR 9.00) tthhe tank owner. One copy will be provided to the fire depairtment, and the ark owner shall send a separate copy to the, address at the top of this page. When to Notify? 1. Owners of storage tanks in use or that have been taken out of operation must notify within thirty days. Owners and Operators of Reggulated StorageTankSystems mustmainain records certifying that all leak detection, inventory control and tightness testing requirements forthe Regulated StorageTank System are current These records must be readily available for inspection. 11. LOCATION OF TANK(S) Give the geographic location of tanks by degrees, minutes, and seconds. Example: Lat 42, 36,12 N Long. 85, 24,17W Latitude Longitude Dstance and d rect on tram dosest intense lion (see instructions S2) FwZity Name or Company she identhiier. as applicable \_n .1- rl I,- el-t<V~v . street Address (P.o. aox not acceptable -see instructions Q2)` A CRY A-, State mp Code III. TYPE OF OWNER ❑ Federal Government E. Commercial (storage and sale) ❑ State Government El Private• ❑ Local Govemment (storage and use) IV. INDIAN LANDS 0 Tanks are located on land within an Indian Reservation or on other trust lands. CI Tanks are owned by native American nation, tribe, or individual. V. TYPE OF FACILITY Select the Appropriate Facility Description: (check all that apply) _ Gas Station Marina Trucking/Transport Railroad Utilities Petroleum Distributor Federal - Military Residential Airport Industrial Farm Aircraft Owner Contractor Other (explain) . Vehicle Dealership VI. CONTACT PERSON IN CHARGE OF TANKS GVR Compliance Analyst Address: Phone Number (include area code): Name: - 800 253-8054 Compliance Analyst 7300 W. Friendly Ave., MS F-76 Home: Job Title: (800) 997-7725 Greensboro, NC 27420 Business: VII. FINANCIAL RESPONSIBILITY tR I have met the financial responsibility requirements in accordance with 527 CMR 9------------------------------ Check 00all that apply: ❑ Guarantee ❑ Letter of Credit El Self Insurance ❑ Trust Fund E] Commercial Insurance ❑,Surety Bond CYPState Fund ❑ Other Method Allowed - Specify El Risk Retention Group • Provide policy information, certificate of compliance information or other verification. VIII. ENVIRONMENTAL SITE INFORMATION This information should be available from local health agent, conservation commission, or planning department. 1. Tank site located in wellhead protection area D Yes RNo 2. Tank site located in surface drinking water supply protection area ❑ Yes E~blJo 3. Tank site located within 100 feet of a wetland DYes QW0 4. Tank site located within 300 feet of a stream or water body 0Yes [;No IX. ON OF STORAGE "T"ANKS AND PIPING (COMPLETE FOR EACH TANK AT THIS LOCATION) Tank Idr Tank No.__~__ Tank No. Z Tank No. Tank No. u Tank No. 1. Tank serial # (if known) bCurrently in Use _ of Use (Start Date) [-7= = F7= C d. Permanently Out of Use (Start Date) E_= C= e. Underground storage tank (UST) [V LIST to UST Pa UST 191UST DUST Date of Installation (mo./daylyr.) 2 c~ , R 15 4 `9' 1 . 2 ~ Tank No Tank 0. 5 Tank No.~ Tank No . Tank Identification Nufnber (cont.)Tank No. Substance Gurrently•or Last Stored 4 ] F= F7= . Gasoline F X MV L7 Marina i iV O Marina other use V .:7 Marina J My L3 Marina .:1 MV f J Marina her f.: other L other ] o ; Motor vehicle or J other O other t r - b. Diesel t_ _ ] MV L Marina Li MV L' Marina L.---~ arlna'MV hMarina U MV he Marina L" MV Motor vehicle or other use I.lother `other i he c. Kerosene d. Fuel Oil` r C=~ _ _ L_ `"Consumptive Use" tanks need not s'e registered. for are "Consumptive Use" fuel hee s i g ti . hot water n a and/or e. Waste Oil f. Other, Please specify - - - Substance Hazardous L _ 4 (other than 4a thru 4e above) CERCLA name and/or CAS number - - Mixture of Substances Please specify 5.. Material of Construction - Tank (mark only one) r---1 Bare steel (includes asphalt, galvanized and epoxy coated) Catholically protected steel ~ C= E__= Composite (steel with fiberglass) ~ j~ Fiberglass reinforce) plastic (FRP) 0 Concrete C= Unknown Other Please specify 6. Type of Construction-Tank (mark only one) Single walled Double walled Unknown Other Please specify is tank lined? E. Yes O G Yes'KNo L'. Yes U Yes Ja Yes L Na Does tank have excavation liner? _ Yeslo C Yes a C Yes40 L Yeslo ❑ Yes . No C e Page 3 FP-280 (revised 07/09) /,6 Tank Identification Number (cont.) Tank No.~ Tank No.-2-- Tank No.3 Tank No. Tank•No. 7. Material of Construction - Piping (markoniyone) Bare steel (includes asphalt, galvanized and epoxy coated) Cathodically protected steel Fiberglass reinforced plastic (FRP) Flexible Copper Unknown Other Please s eci Type of Construction - Piping (mark only one) B . Single walled Double walled Unknown Other Please specify Has piping been repaired? Is piping gravity feed? Date C= Yes ">~fqo I 'Yes Wlo toYes'~No 0Yes Rio . Yes 1~60 :j Yes 1~6io I IYes !~q- -DYes ~no Yes I' No ! IYes LNo X. INSTALLATION COMPLIANCE 1. Installation i i C uo i i p ng A. Installer certified by tank and p manufacturers (1f\Q{,~ t c Oro the licensed b d if y ie or B. Installer cert implementing agency d t i ere s C. Installation inspected by a reg engineer d b d y approve D. Installation inspected an the implementing agency t kli ' s installation chec E. Manufacturers s have been completed F. Another method allowed by 527 CMR 9.00. Please specify 2. Tank Leak Detection (mark only one) A. Double-wall tank -Interstitial monitoring B. Approved in-tank monitor C. Soli vapor monitoring (check one below) 3 Monthly J Continuous Tank G" l F1 ❑ - Tank ® F-1 ❑ Tank ~ F1 F1 " .L Tank 1 ' ~ ' Y f~i~ Iv Gt Tank 1 ~t: ` E. Other method allowed by 527 CMR 9.00. Please specify FP-290 (revised 07109) bb aye ' -1 r7 k Identification Number (cont.) T Tank No.- Tank No. Tank No, 3 Tank No. Tank No. _ Piping i i an 3. Piping -Leak Detection (mark only one) Piping ng p Piping Piping P • A. Pressurized ( ❑ a. interstitial space monitor ❑ ❑ ❑ ! ❑ b. Product line leak detector (mark all that apply below) Automatic flow restrictor* Automatic shut-off.device* Continuous alann` Also requires annual test of device and piping tightness test or monthly vapor monitoring of soil. B. Suction: Check valve at tank only ❑ ❑ ❑ El ❑ (Requires interstitial space monitor or line tightness test every three years) i Interstitial space monitor D Line tightness test C- Suction: Check valve at dispenser only ❑ ❑ ❑ ❑ (No monitor required) D. Other method allowed by 527 CMR - 9.00. Please specify ~ - -~Ac i uQ 4. Date of last tightness test (tank & piping) i F-1 F] F] 5. -Gravity feed piping .i` =-r: ~ ,i> J E 6. Spill' containment and overfill protection Tank Tank Tank Tank Tank F1 A. Spill containment device installed B, Overfill prevention device installed ❑ 7. Daily Inventory Control (mark only one) A. Manual gauging by stick and records t li ❑ ❑ ❑ F-1 ❑ ion a reconci B. Mechanical tank gauge and records ❑ F1 ❑ F] ❑ - reconciliation s 5<ia I te F 1 C. Automatic gauging system Tank Piping Tank , Piping Tank Piping Tank Piping Tank Piping licable l iProtection A 8. ode (if Type app ) i F-1 F1 ❑ ❑ F] ❑ o ❑ ❑ A. n a Sacrific A. d Current Type ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ F-1 F B, Impresse . C. Date of Last Test Third Party Inspection: te of Last D I C) ~ ;'1:i>,.. i',@•i?'1:'`:;}a`: •'Kri:r.; ~~~t~• { ~~l;: ~ ' ~.'4;: f . xs•Yr• e :~~c;•:a . . ~ l:i . • rf.'e":?i'c C„t 2i : ' ~ rAti'rr - 1 a ; i ^ ri ; . _ a , . C:: a X1. CERTIFICATION (Read and sign after completing all sections) forwarded io the local lire department must be signed separately. A photocopied signature NOTE: Both the copy being sent to the Dept of Fsvironmentat Protection and the copy and that based will not be accepted on either document. tion In this and all subm t believe that the submditted Information ids true accurate, and complete. re under penally perjury that i have personally the information l I d i i a ec n n ofor obta on my Inquiry of those in ndividuals immediately rasensibie rfini-I rin° ^ -'vner or owner's authorized representative (Print) d , g Signature: Date: / o %Name an • ,r7~, W SLR Sin^~`1 Page 5 5 FP-ego (revised 07,09) OWNE S AUTHORIZED AGENTS 7 ag GILBARCO ~ VEEDER-ROUT April 18, 2011 Reading Town Clerk 16 Lowell St. Reading, MA 0 1867 RE: Global Station # 2445 178 MAIN ST READING, MA 01867 To Whom It May Concern: Gilbarco Inc. CMS Department, MS F-76 7300 West Friendly Ave. P. O. Box 22087 Greensboro, NC 27420 United States Phone: 800-253-8054 Fax: 336-547-3384 www.gilbarco.com www.veeder-.com As a Global Montello Group Corporation and Global Companies, LLC (Global) authorized Compliance Service Provider, Gilbarco Veeder-Root is responsible for renewing and maintaining permits and licenses, and for coordinating and tracking the resolution of compliance issues. Global purchased the above-referenced station from ExxonMobil Oil Corporation in September 2010. At the time of purchase, Global submitted to your municipality an application.to amend the facility license for storage of flammables and combustibles at the above-referenced gasoline service station (FP-2A form). To date we have not been issued an amended license. This letter is to request either an updated License reflecting the transfer of ownership for the above referenced gas station or written confirmation that one will not be issued. According to the "Guidelines for Municipal Officials on the Issuance of Licenses Granted under Massachusetts General Law, Chapter 148 § 13": "A license is granted by a local licensing authority and then is recorded in the office of the city of town clerk... Massachusetts General Law Chapter 148, Section 13 establishes the procedure under which local licensing authorities may grant licenses for the storage of flammable combustible and explosives on the land. City and town clerks are required to maintain records of licenses that have been granted." I have included a copy of the License hi the old owner's name for your reference. If the local licensing authority does not issue an updated License fora change of ownership, please sign below. Signature: Title: By signing this letter, you are indicating there is no requirement to have an amended License in the new owner's name. This letter will act in conjunction with the current License to ensure full compliance with Massachusetts General Law, Chapter 148 § 13. Sincerely, yoseph Weisman Joseph Weisman Owner's Authorized Agent (336) 315-2889 58 AO L I D A GUIDE FOR MUNICIPAL OFFICIALS ON LICENSING THE a. STORAGE OF FLAADJABLES, COMBUSTIBLE and EXPLOSIVES Licenses, Registrations and Pennits The purpose ~of this document is to provide guidance to fire departments, local licensing authorities, and municipal clerks on licenses, registrations and permits for the storage of flammable, combustible, or explosive materials in 13 00! accordant Massachusetts Regulation e(CMR),a527 CMR 2 00,t 527 CMR 6 .00, 527 CMR'9.00r 527 Prevention Code of M 527 . CMR 14.00. b A license is the permission by competent authority to do an act which, without such permission, would be un aw ul, a trespass, or a tort. A storage license is applied for and granted by the local licensing authority. The license is granted to the land and not to an individual. Only one license may be issued to a parcel of land., This license may be amended to reflect changes in quantity, conditions or restrictions. The license may be revoked or suspended for cause by the issuing authority. Information pertaining to the license and the license shall be maintained by the city or town clerk. e A registration is the acknowledgement by competent authority of the act of recording a formal or official reco~"rs orage registration is filed annually with the local city or town clerk. The registration serves solely to notify the community of the present license holders name and address. Only one registration may be granted for each license. Records of registration shall be maintained by the city or town clerk. A permit is a written authority or warrant, issued by a person in authority, empowering a person to do some e act not forbidden by law but not allowable without such grant of authority. The law allows certain small quantities of flammable and combustibles to be kept or stored on the land without a license, but with a permit granted by the head of the fire department. 527 CMR 14 requires a permit in addition to the license. The following are definitions related to the terms "flammable or combustible". ' Combustible liquid: Any liquid having a flash point at or above 100°F shall be known as a Class II or Class III Liquid. Combustible liquids shall be divided into the following classifications: Class II: Liquids having flash points at or above 100° and below 140°F. Class IIIA: Liquids having a flash point at or above 140°F and below 200°F. Class IIIB: Liquids having a flash point at or above 200°F. Flammable Liquids: Any liquid having a flash point below 100° F and having a vapor pressure not exceeding 40 psia at 100717. Flammable liquids shall be known as Class I liquids and shall be divided into the following classifications. Class IA: Liquids having flash points below 73°F and having a boiling point below 100°F. Class IB: Liquids having flash points below 73°F and having a boiling point at or above 100°F. Class IC:, Liquids having flash points at or above 73°F and below 100°F. The authority for the keeping and storage of flammables, combustibles, and explosives, is section 13, of Chapter 148, M.G.L.. This General Law is rather lengthy; this document references only the relevant sections. In order to apply for a new license or to change the conditions or restrictions of an existing license, the applicant must apply for approval or disapproval from the head of the local fire department. Whether the local fire official approves or disapproves the application, the next step is a public hearing on the application. Not less than seven days prior to a public hearing it must be advertised in a newspaper published in the English language. At the applicants expense, all abutters and owners of real estate must be notified by registered mail not less than seven days prior to the hearing at which the licensing authority acts on the license application. A licensing authority may prescribe conditions or restrictions to a .license. Any such license granted hereunder shall be subject to such conditions. and restrictions as may be prescribed in the license by the local licensin thority, which may include a condition that the license be exercised to such extent and within such periols may be fixed by such authority. L `A certificate of registration must be filed annually on or before April thirtieth by the owner/occupant of the land who holds (exercises) the license. This informs the licensing authority that the license is still being exercised, and the name of the person or entity exercising the license. The Board of Fire Prevention Regulations has been granted the authority to exempt certain quantities of the articles (flammables, combustibles, and explosives), articulated in section 9 of Chapter 148, from licensing, and registration.3 These exemptions may be found in the relevant sections,of 527 CMR governing the articles to be stored. Every license granted, and every certificate of registration filed under Section 13, is deemed to be granted or filed upon condition that if the land described in the license ceases to be used for the aforementioned uses, the holder of the license shall within three weeks after such cessation eliminate, in accordance with rules and regulations of the board, all hazardous conditions incident to cessation. a Massachusetts Code of Regulations 527 CMR 9.00, Tanks and Containers, uses the definitions "abandoned" and "out of service", to further categorize storage containers subject to cessation of use. As defined: "Abandoned, in the case of underground storage tanks, shall mean out of service for a continuous period in excess of six months where a license from the licensing authority is required under the provisions of M.G.L. c.148, s. 13, and for a period in excess of 24 months in the case of any other underground storage facility or an aboveground tank of 10,000 gallons capacity or less; and in the case of aboveground storage of any fluid other than water, where a permit is required from the Marshal under provisions of M.G.L.. c. 148, s. 37, it shall mean out of service for a continuous period in excess of 60 months and it has been deemed to *be unsafe and a threat to the public safety by the head of the fire department and by the Department of Fire Services." 5 "Out of service, not in use in that no filling or withdrawal is occurring." 6 Once the tank is. abandoned or out of service it must be removed. (With the exception of certain double wall underground storage tanks) If it is determined that a fire or explosion hazard exists or is likely to exist as the result of the continued exercise of a license, the local fire chief may issue a cease and desist order. The fire chief shall order reasonable measures to protect the safety of the public from the hazards of a fire or explosion. Any measures so ordered are at the expense of the license holder. "When a fire or explosion hazard exists or is liable to exist due to the exercise of such license, the marshal or head of the fire department, shall issue an order to the licensee to cease and desist in the exercise of such license and said marshal or said head of the fire department shall direct that reasonable measures to insure safety to the public be undertaken at the expense of the holder of such license. "7 The first paragraph of section 13, Chapter 148, speaks of certain articles named in section 9 of Chapter 148, that are subject to regulation. Section 9, names the articles subject to regulation by license or permit. "The board shall make rules and regulations for the keeping, storing, use, manufacture, sale, handling, transportation or other disposition of gunpowder, dynamite, ' crude petroleum or any of its products, or explosive or inflammable fluids or compounds, tablets, torpedoes or any explosives of a like nature, or any other explosives, fireworks, firecrackers, or any substance having such properties that it may spontaneously, or acting under the influence of any contiguous substance, or of any chemical or physical agency, ignite, or inflame or generate inflammable or explosive vapors or gases to a dangerous extent, and may prescribe the location, materials and construction of buildings to be used for any of the said purposes. Such rules and regulations shall require persons keeping, storing, using, selling, manufacturing, handling or transporting dynamite or other high explosives to make reports to the department in such particulars and in such detail that the quantity and location thereof will always be a matter of authentic record in the department..."" The first paragraph of section 9 of Chapter 148, states that the Board of Fire Prevention Regulations shall make rules and regulations for the keeping, storing, use, manufacture, sale, handling, transportation or other disposition of the articles name.. The Board has made these Rules and Regulations with the Code of Massachusetts Regulations (CMR) 527.CMR 2.00 (Fireworks), 527 CMR 4.00 (Oil Burning Equipment) 527 CMR 6.00 (LP-gas), 527 CMR 9.00, (Tanks and Containers), 527 CMR 13.00 (Explosives) and 527 CMR 14.00, (Flammable Fluids, Solids, or Gases). These regulations allow the storage of certain quanti~gs of materials to stored without a license, but subject to permit issued by the head of the fire department. l Kegulation bZf.(;MK 14.03 section (2), requires a permit for the storage of any tiammable fluid, solid or gas. This permit is to be obtained from the head of the fire department, as provided by M.G.L. c.148, s.10A and 23. The head of the fire department may restrict the quantities to be stored under the permit. What this means is that'a permit in addition to a license, a permit is required from the head of the fire department for the storage of flammable and combustible fluids. The head of the fire department may reduce the quantity of product allowed by permit but may.not increase the quantity beyond that allowed by the regulation. Exceptions to the permit process are granted to certain persons for the storage and use of and use of limited quantities of flammables, combustible. These exemptions may, be found in the relevant sections of 527 CMR governing the articles to be stored. Important Points • A license for the storage of flammable or combustible. fluids in quantities in excess of those allowed by regulation is granted by the local licensing authority after approval or disapproval by the head of the fire department and after a public hearing. A permit is granted by the head of the fire department. • A license is not owned by an individual as a personal privilege. A license once exercised is a grant which runs with the land. The permanent record of a license is to be recorded and maintained by the city or town clerk. • A permit from the head of the fire department is required in addition to a license for the storage of materials regulated under 527 CMR 14.00 (Flammable or Combustible Liquids, Flammable Solids or Flammable Gases. • A certificate of registration is annually filed by the holder or occupant of licensed land to inform the city or town clerk to record (register),the license as still active and being exercised. • A city or town may develop its own form for the actual license and registration. The form of the license and. registration must contain, as a minimum, that information contained in Department of Fire Services Fire Prevention Forms, FP-2, License and FP-5, Registration respectively. • A license, when exercised, is a grant running with the land. A parcel of land may only have one license for the storage of flammable or combustible fluids. , • If the conditions, capacities or restrictions authorized by a license are changed, an amended license must be obtained. A new application must be submitted to the local licensing authority, the head of the local fire department must approve or disapprove, and a public hearing must be held. If granted, the amended license supersedes and replaces the old license, and will show the 'aggregate total capacities allowed under the grant. The-terms and conditions of the new license now prevail. The license must be plainly posted on the premises. • A certificate of registration is the vehicle used by the license holder or occupant of licensed land to notify the city or town town clerk annually, before April thirtieth, that a license is in use and currently being exercised. If a registration is not applied for and issued, after three weeks, it may be viewed as cessation and' cause for review of the license. A registration must be plainly posted on the premises. 1527 CMR 14.02 2 Massachusetts General Law, Chapter 148 § 13, Paragraph 3 3 Massachusetts General Law, Chapter 148 § 13, Sentence 2 4 Massachusetts General Law, Chapter 148 § 13, Paragraph 3 s 527 CMR 9.02 6 527 CMR 9.02 7 Massachusetts General Law, Chapter 148 § 13, Paragraph 6 8 Massachusetts General Law, Chapter 148 § 9 61 / 1-7 MOBII, 011, CORP CORP MOBIL OIL JS JASON C/O ALLIANCE ENERGY LLC C/O ALLIANCE: ENERGY LLC KIMB MELIUS kRLY A IMB K 36 ETNDUSTRIAI. PARKWAY 36 E INDUSTRIAL PARKWAY 62 HOPKINS ST BRANFORD, CT 06405 BRANFORD, CT 06405 READING, MA 01867 GREGORIO I,OUIS J GREGORIO LOUIS,J WOOD KENNETH I C/O PROPERTY ACQUISITION GROUP LLC FRANCES A GREGORIO FRANCES A GREGORIO 526 SUMMER AVE 156 HOPKINS ST 156 HOPKINS ST MA 01867 READING READING, MA 01867 READING, MA 01867 , SCIIROMM ALLISON HARDY JEFFREY HARDY JEFFREY .101 IN SCI IROMM ALISON HARDY ALISON HARDY 518 SUMMER AVE 38 WALNUT ST M-'ADING.'MA 01867 518 SLIMMER AVE READING, MA 01867 READING, MA 01867 'TOWN OF READING READING HOUSING AUTHORITY READING HOUSING AUTHORITY C'ONSERVAT'ION COMMISSION 22 FRANK TANNER DR 22 FRANK TANNER DR 16 LOWFIA, ST READING, MA 01867 READING, MA 01867 READING, MA 01867 JONES BARBARA GAVINS BUSTIN ALANA I JOSEPH FUSTOLO JR ARETUSI REMO 23 NELSON AVE I CROSS 10 TARPIN TER READING, MA 01867 READING. , MA 01867 READING, MA 01867 C'IANO ANGELO TRUSTEE DOHERTY PETER E ETAL TRS DOHERTY PETER E ETAL TRS ONAIC REALTY TRUST DOHERTY REALTY TRUST DOHERTY REALTY TRUST 143 MAIN ST 163 MAIN ST MA 01867 READING 163 MAIN ST READING, MA 01867 READING, MA 01867 , RECORD RONALD A SR SYNNOTT BURTON J HAKANSON BRUCE C TRUSTEE RHET'A A RECORD CHERYL L SYNNOTT JAI REALTY TRUST 522 SUMMER AVE PO BOX 571 MA 01867-0401 READING 191 MAIN ST READING, MA 01867 READING, MA 01867 , t\-MACDONAI,D T ERENCE P ATKINSON GARY-M CAROLE C ATKINSON LiCHOULAS RITA TR SEVEN HOPKINS STREET REAI,TY TR KATHRYN 1, MACDONALD 27 HOPKINS STREET 7 I1OPKINS ST 190 MAIN ST READING. MA 01867-3602 READING. MA 01867 READING. MA 01867 DOIIERTY THOMAS N NICOSIA JOSEPH M MONTGOMERY ROBERT K C'AROLYN M DOHERTY LAURA E DOOLEY ARDELLA S MONTGOMERY 464 SUMMER AVE 68 HOPKINS STREET 45 HOPKINS ST READING, MA 01867 READING, MA 01867 READING, MA 01867 WICKEN CHRISTOPHER M WICKEN CHRISTOPHER M CONGO MATTHL-'W T I IEAT'H1',R M ROBITAILLE HEATHER M ROBITA1LI,E 195 MAIN ST 147 MAIN ST 147 MAIN ST READING, MA 01867 READING. MA 01867 READING, MA 01867 62 C Easy Peep' Labels Use AVeryO Template 51600 HOSSEINI ABDOLI,AH E 211 MAIN ST UNIT 2 RI ADING, MA 01867 TRAPENI GUY R CAMPBELL KENNETH N JR GALLO MATTEO TRUSTEE MARY BETH TRAPENI CAMPBELL DONNA 1. OCEANVIEW NOMINEE TRUST 492 SUMMER AVE 201 MAIN ST 376 NORTH STREET READING, MA 01867 READING, MA 01867 BOSTON, MA 02113 ANDERSON JAKE MICHELLE M ANDERSON 527 SUMMER AVE READING, MA 01867 CLARK EDWARD J PAULINE P CLARK 515 SUMMER AVE READING, MA 01867 DICOSTANZO FRANK L CAROLYNN M DICOSTANZO 56 HOPKINS ST READING, MA 01867 NALWALK THEODORE J JANE S NALWALK 33 WALNUT ST READING, MA 01867 A Bend along line to I Peed Paper mo~ expose Pop-up EdgeTM j DOWE PATRICK A CHRISTINE M GRIFFIN 66 HOPKINS STREET READING, MA 01867 ARTHUR CHARLES R JR ARTHUR CHARLES R JR MARIA M ARTHUR MARIA M ARTHUR 15 HOPKINS ST 15 HOPKINS ST READING, MA 01867 READING. MA 01867 HOLLIS MICHAEL J TYRELL DAVID C 11 HOLLIS CAROLYN B JACQUELINE F STEELE 484 SUMMER AVE 38 FAIRMOUNT RD READING, MA 01867 READING, MA 01867 DAGOSTINO JAMES V MCCABE LINDA J CAROL A DAGOSTINO I HOPKINS ST 21 HOPKINS ST READING, MA 01867 READING, MA 01867 DOYON MAURICE P TR DOYON RAYMOND M TR 172 MAIN ST READING, MA 01867 PATEL KALPESH TRUSTEE JK REALTY TRUST 212-214 MAIN ST READING, MA 01867 D A Ry® 5160® GAGE JASON L ROBIN A GAGE 200 MAIN ST READING. MA 01867 HANEY BRIAN R SARAH K HANEY 196 MAIN ST READING, MA 01867 MARTIN BRUCE L CATHERINE 1, MARTIN 521 SUMMER AVE READING, MA 01867 AURITI SILVIO HUGHES STEPHEN M ALBA AURITI PAULA J HUGHES 44110PKINS ST 157 MAIN ST READING, MA 01867 READING, MA 01867 HARROW MAIN STREET REALTY LLC 136 MAIN ST READING, MA 01867 63 ® READING HOUSING AUTHORITY 22 FRANK TANNER DR READING, MA 01867 www averv eom ! Easy Peel'w Labels I A Bend along line to i Q Peed A!/EI~Y@ 51600 Use AVeryO Template 51600 j Paper expose Pop-up Ed gLTM j HAUCK JENNIFER L DURRANI ZAHID K TRUSTEE MATTHEW G'HAUCK THE 151 MAIN STREET REALTY TRUST 155 MAIN ST P O BOX 238 READING, MA 01867 BRIDGEWATER, MA 02324 DURRANI ZAHID K TRUSTEE THE 151 MAIN STREET REALTY TRUST P O BOX 238 BRIDGEWATER, MA 02324 ASELTINE JOANNA A 193 MAIN S-1` READING. MA 01867 C'URRAN PATRICK J JR C:URRAN DANIELLE P. 20 WALNUT ST READING, MA 01867 BANK OF NEW YORK TRUSTEE FOR THE CCiRTIF CWMBS INC CHL 6400 LEGACY DR PLANO. TX 75024 O'CONNOR ERIN M 35 WALNUTST READING, MA 01867 KARABACHI ADAM TRUSTEE ADAM REALTY TRUST 250 VALLEY ST PROVIDENCE, RI 02909 156 MAIN STREET LLC A MASS LTD LIABILITY CO 24 LILAH LN . READING, MA 01867 SHEEDY MICHAEL L _ SI IEEDY CATHERINE A 8 WALNUT ST READING. MA 01867 4milattac farilps A nPlar TYRELL DAVID C 11 JACQUELINE F STEELE 38 FAIRMOUNT RD READING, MA 01867 LANDON BENJAMIN R KATHLEEN M TiBBE'1'TS 512 SUMMER AVE READING. MA 01867 HOLBROOK.IEFFREY H SUSAN E HOLBROOK 12 WALNUT ST READING, MA 01867 DOHERTY PETER E ETAL TRS DOHERTY REALTY TRUST 165 MAIN ST READING, MA 01867 DEWEY EDGAR G TANYA D DEWEY 206 MAIN ST READING, MA 01867 SAYMAN WILLIAM C CHUHA KRISTINE L TRUSTEE KARLEEN M SAYMAN D & K REALTY TRUST 6 KENNETH RD 38 HOPKINS ST READING. MA 01867 READING, MA 01867 CAHILL PAUL R ETA1, TRS CAHILL REALTY TRUST 462 SUMMER AVE READING. MA 01867 PERKINS DONIS M JANINE PERK fNS 28 WALNUT ST READING, MA 01867 ANDREOTTOLA LORETTA M 489 SUMMER AVE READING, MA 01867 TAKEHARA JOANN M DAVID G SANFORD 52 HOPKINS S"fREET READING, MA 01867 FEAGLEY JANICE G 483 SUMMER AVENUE READING, MA 01867 KYDD CATHERINE G (1.,.E.) WILLIAM 1. KYDD ETAL 210 MAIN ST READING. MA 01867 156 MAIN STREET LLC A MASS LTD LIABILITY CO 24 LILAH LN READING, MA 01867 LICHOULAS JAMES T JR TR OBRIEN JOHN J JAMES AND THOMAS REALTY TRUST PATRICIA A OBRIEN 7 HOPKINS ST 34 WALNUT ST READING. MA 01867 READING. MA 01867 _ HEFFERNAN PATRICK - NICOLE HEFFERNAN 9 CROSS ST READING, MA 01867 6-4. - I _ Reoliez A la hachure afin de sblb www.avery.com. ok C Y1 U, 4z t 6 .In accordance with the provisions of Chapter 148 of the General Laws, a licence is hereby granted to Uue the land herein described for the lawful use of Le o; az::a; afro :ire,,.. wb1ch is/are or isiare to be situated. thereon, and as described on the plot plan filed with the application for this license. 1f~IRS to R . . , Location of land J2.0 1?........................ST ....!1.ER.Q.,t•!.~ .....Nearest ercm atreet F Ocvaer of land ..~ZL....Q1L........Kt'. ......................Address ....91 ~.O.N RI}E sroNtlAr~ ~t Number of buildings op other structures to wWch this license applies .............d. } Q} g (p Occupancy or Lisa of such buildings Total capacity of tanks in gallons:-Aboveground ................N /..1..t..,... ,,.Underground Kind of fluid to be stored in tanks ..................6A.S0.l~.;VN.E.... „ . Restrictions--If any:......... ~ mss: (Slt... nature of IIeeasios sn:horirl) THIS DENSE OR A PHOTOSTATrC OR CERTIFIED CO'•Y THEREOF MUST Me CONGPICUOUa1 Y POSTED IN A PROTECTED PLACE ON THE LANE) FOR WHICH IT 15 GRANTED 4 f I Ubi q O-L 1I 931 SS 67 s6,~ Zkc 44Y , ~o Z L44~ i~ Massachusetts Department of Environmental Protection Underground Storage Tank Program Form FP-290 elated Under 527 CMR 9.00 Notification for Underground Storage Tanks Reg Contact: Forward completed form to: MassDEP Bureau of Waste MassDEP Bureau of Waste Prevention UST Program Prevention Prevention UST Program ext. 2 P.O. Box 120-0165 617-556-1035 Boston, MA 02112-0165 ❑ A. New Facility (see instructions, #1) Q B. Amended INSTRUCTIONS: Form FP-290 (Notification for Underground Storage Tanks) is to be completed for each age tanks reated toilowing pa ues nd staple continuattiionOsh ee is to he formtThe FP- location containing underground sop owner's owned at this location, photocopy t t owner 290 must be completed in duplicate. Although t the phorm otocopied photocopied, are the not facility e t The local fire representative must sign each copy separate department will issue the permit portion of the FP-290, however, registration is not complete until the FP- 290 is received and checked by the Underground Storage Tank Program. All questions on.this form are to be answered. Incomplete forms will be returned. i "New Facility" means a tank or tanks located at a site where tanks have not been previously located. 2 'Facility street address` must include both a street number and a street name. Post office box numbers are not acceptable and will cause a registration to be returned. If geographic location of facility not pro- vided, please indicate distance and direction from closest intersection, e.g., (facility at 199 North street is located) 400 yards southeast of Commons Road (intersection). Notification Required MassDEP. UST Form FP-290 is to be used as Notification Registration, and Permit for underground storage tanks and tank facilities regulated under 527 Code of Massachusetts Regulations 9.00. No regulated un- derground storage tnkfacility shall be installed, maintained, replaced, substantially modified or-removed without a permit (FP- 290) issued by the head of the local fire department The owner of any storage facility shall within seven working days notify the head of the local fire department and or telephoneEnumber of to owner or operator of a torage fac City sub ects to regulation by Chapter 14B,. Mass. General Law and by 527 CMR 9.00. Underground Storage Tanks Each owner of an underground tank firs put into operation on or after Jan. 1, 1991, shall, within thirty days after the tank is first put into operation, no- 2 the Department specifying, to the extent dthep ownertof ttte t nk, date te of of installation, capacity, , typ ence of such tank, speciy ty a location, and uses of such tank. By no , lat than was in operati neat any time after Jan. 1, 1974r gardless orf whether oat not such tank was removed from beneath the surface of the ground at any time, shall notify the department of the existence of such tank, specifying, Itypeelocextent ation of he tathe nk, and the type and qdate of uart of siubstancespstored in such tank, or which were stored in such tank be ore the tank ceased being in operation If the tank was removed from beneath the surface of the ground prior to the submittal of such notice to the department. Such notice shall also specify, to the extent known, the date the tank was removed beneath the surface uch to the department The opp erator grof any ank that has no mittalwnof or whoseice owner cannot be,definitely ascertained, shall notify the department of the existence of such tank, specifying, to the extent known, any information relating to ownership of the tank, and date of installation, capacity, type, 1. OWNERSHIP of TANK(S) Owner Name (Corporation, Individual, Public Agency, or Other Entity) Global Montello Group 'Corporation.c/o Gilbarco Veeder-Root Street 7300 West Friendly .Ave., MS F-76 Marring Address (f ditereat from ress) NC 27420- Greensboro, state p C - Chy Gull ord County (800) 253-8054 _ Owner's Employer Federal ID 4 Phone Number undude Area Code) A. Facility Number B. Date Entered C. Clerk's Initials D. Comments and location of the tank, and the type and quantity of substances stored in such tank, or which were store in such tank before the tank ceased being in operation if the tank was removed from beneath the surface of the ground prior to the submittal of such notice to the department. If the tank was abandoned beneath the surface of the ground prior to the submittal of such notice to the department, such notice shall also specify, to the extent known to the owner or operator, the date the tank was abandoned in the ground and all methods used to stabilize the tank after the tank ceased being in operation. xc i n: (a) a farm or residential tank of 1,100 gallons or less capacity used for stori ng motor fuel for noncommercial purposes, or (b) a tank used for storing heating oil for consumptive use on the Premises where stored are not required to be registered under 527 CMR 9.00. Penalties: Any owner who knowingly falls to notify or submits false informa- tion shall be subject to a civil penaty not.to exceed $25,000 for each tank for which notification is not given or for which false information is submitted. (MGL Chapter 148, section 38H, 527 CMR 9.00) Whereto Notify? Two completed notification fors should both be signed by the tank owner. One copy will be provided to the fire department, and the tank owner shall send a separate copy to the address at the top of this page. When to Notify? 1.Owhers of storage tanks in use or that have been taken out of operation must notify within thirty days. Owners and Operators of Regulated StorageTank Systems must maintain records certifying that all leak detection, inventory control and tightness testing e records must be readily available for inspection. tem are current These 11. ROGATION OF TANK(S) Give the geographic location of tanks by degrees, minutes, and seconds. Example: Let 42, 36,12 N Long. B5, 24, 17W Latitude Longitude Distance and direction from dosest intersection (see instructions f2) Facility Name of any She Identifier, as applicable street Address (P.D. Box not acceptable. see instud ions 02) city state Page 1 FP-290 (revised 07/09) 68 I ~j(= INDIAN LANDS on land within an Indian Reservation or on IIi= ~YPE OF OWNER are located ❑ Tanks ❑ Federal Government s Co'eecial and sale) other trust lands. tribe, e owned by native American nation, ❑ State Government or individual- (storage [l Tanks ar ❑ Private ❑ Local Government (storage and use) TYPE OF FACILITY riate Facility Description: (check all that apply) TrucUng[Transport Select the ApProP _ Marina utilities Gas Station Railroad Residential Petroleum Distributor Federal - Military Farm Airport Industrial _ other (explain) Aircraft Owner Contractor - Vehicle Dealership OF TANKS n -k1AEiGE All, CONTACT PERSON IN e'i Phone Number (include area code): Ana1YSt Address: (800) 253-8054 GVR Compaiance 7300 W. Friendly Ave., MS F-76 Home: '800) 997-7725 Name: Compliance Analyst Business: Job -title: Greensboro, NC 27420 VII= FINANCIAL IRESPONS1131LITY with 527 CMR 9.00- in requirements in accordance ~ I have met the financial responsibility - - - ❑ Letter of Credit Check all that apply, ❑ Guarantee ❑ Trust Fund ❑ Self Insurance o Surety Bond ❑ Other Method Allowed - Specify ❑ Commercial insurance ~6 State Fund ❑ Risk Retention Group Certificate of compliance information or other verification. Provide policy information, $ITE INFORMATION 'V'III= wENVIRONMENTAL tanning department- VIII. uld be available from focal health agent, conservation com'-'~ission, or p This information sho _ pYes qNo rotection area 1. Tank site located in wellhead p water supply Protection area ❑Yes ~No 2. Tank site located in surface drinking pYes 0No 3. Tank site located within 100 feet of a wetland of a stream. or water body ❑Yes ~ No 4. Tank site located within 300 fie TANKS AND IalPINO (COMPt-ETE FOR F~'CH TANK AT THIS LOCATION) GE Tank No. Tank No. IX= I)ESGRIPTCON OF STORA 7- Tank No.'_ Tank No. Tank No._____ Tank Identification Number _ if known) C~ 1. Tank status a. Tank mfr's serial # ' b. Currently in Use oraril Out of Use (Start Date) c. Temp y Start Date) ❑ UST ❑ Us' d. Permanently Out of Use ( ~usT El UST e. Underground storage tank (US- Fa UST \!:-3 D~ \o, tc,C 2. Date of installation (mo 3. Estimated Total capacity (gallons) 69 ~o .nor+ r.n.aro~ rt7 mot Tank No. Tank No_ Tank No. Tank No.____ tion Number (cont.) Tank No. ifi ca Tank Ident 4. Substance Currently or Last Stored a. Gasoline v 1-3 nna he arina M arina ~I M ` C M V Ca Marina V U Marina Motor vehicle or other use other -C-oha-r-~ - other J o he L b. Diesel Marina U MV ! i V L Marina MV Marina U MV hearing D__- . other na MV L Mar motor vehicle or other use - i:lother ;other - bother . r= ~ ~ L a Kerosene C_ d. Fuel Oil* --1 1 - - "consumptive Use- tanks need not be registered. used tive Use" fuel t r. " er . Consump eating and/orhott wa h L_----' e- Waste Oil f. Other, Please specify J_ - - - - - _ - - _ - Hazardous Substance 4a thru 4e above) (other than CERCLA name and/or CAS number _ - - - - - - - _ _ - - - - -i Mixture of Substances Please specify terial of Construction -Tank (mark only one) M a 5. C- Bare steel (includes asphalt, galvanized L - C~ and epoxy coated) L-'~ Cathodically protected steel Composite (steel with fiberglass) C===~~ [ ~ Fiberglass reinforced plastic (FRP)= ~ Concrete [ I Unknown r L Other C--~ _ _ Please specify 6. Type of Construction-Tank (mark only one) Single walled Double walled ~ C-~ [ Unknown. ~ Other Please specify J Yes L No L Yes )ao U Yes _ No G Yes ~Jo lJYe is tank lined? s o - No . =Yes ~o oye k have excavation liner? C, Yes _ s Co CYes 6o CYes UNo Does tan page 3 d 07109) i V~ se FP-290 (rev 70 Tank No. Tank Identification Number (cant.) 7. Material of construction - Piping (mark only one) Bare steel (includes asphalt, galvanized and epoxy coated) Cathodically protected steel Fiberglass reinforced plastic (FRP) Flexible Copper C--] Unknown Other k±~_ No. Tank No. Tank No. _ Tank No._ TT C_ 7 Please specify 8. Type of Construction -Piping (mS ngle walled t _ l3ouble walled E--= Unknown Other Please specify (UYesio Has piping been repaired? t':: Yes ) Yes 0 Is piping gravity feed? Z Yes RNo UYes o JYes 00 Date - X, INSTALLATION COMPLIANCE 1. Installation A. Installer certified by tank and piping manufacturers B. installer certified or licensed by the implementing agency C. Installation inspected by a registered engineer D. Installation inspected and approved by the implementing agency E. Manufacturers' installation checklists have been completed F. Another method allowed by 527 CMR 9.00. Please specify 2. Tank Leak Detection Tank (mark only one) A. Double-wall tank - Interstitial monitoring ❑ B. Approved in-tank monitor C. Soil vapor monitoring (check one below) F] J Monthly D Continuous L-L E❑ IYes I -No Yes I: No UYes UNo UYes LNo r= F= Tank Tank - Tank >4 . Tank Z 5. g. _ 2- 4 1.2 w, r Y," ' ❑ ' E. Other method allowed by 527 CMR 9.00. Please specify t Par,., G! FP-290 {revised 07109) 71 d Tank No-j- Tank Identification Number (cont.) one} Piping 3. Piping Leak Detection (mark only A. Pressurized a. Interstitial. space monitor b. Product line leak detector (mark all that apply bet Automatic flow restrlctDI'° _ Automatic shut-off device'` J continuous alarm'` t Aiso requires annual test of device and piping tightness test or monthly vapor monitoring of soli. B, suction: Check valve at tank only (Requires interstitial space monitor years) r line tightness test every .1 Interstitial space monitthree or D Line tightness test C. Suction: Check valve at dispenser only (No monitor required) D. Other method allowed by 527 GMR 9,00. Please specify 4. Date of last tightness test (tank & piping) 5. Gravity feed piping 6. Spilt containment and overfill protection A. Spill containment device installed B. overfill prevention device installed 7. Daily Inventory Control (mark only one) A. Manual gauging by stick and records reconciliation B. Mechanical tank gauge and records reconciliation C. Automatic gauging system B. Cathodic Protection (if applicable) A. Sacrificial Anode Type 13, impressed Current Type C. Date of Last Test r Tank Na.- Tank No. LLinJ ❑ Tank No. Tank No. Piping ' TOP Piping Piping ❑ C❑ ~N Lai I F] F1 Tank Tank Tank Tank• ' Tank : ~ ~ ❑ ❑ El ❑ ❑ F] ❑ ❑ ❑ El ❑ ank piping Tank Tank Piping Fj El piping Piping g Tank . El ❑ ❑ Tank Piping ❑ r-1 Ell El E] s, 18.x. ction- Date of Last Third Party insp leting all sections) red signature ~(1 (;ERTiF1GATlON (Read and sign after comp aratel A hotocop 10-'u'- to the localfire department must be signed sap y. P being sent to the Dept. of Environmental Protection and the copy NOTE-, Both the COPY and complete. will not be accepted on either document. 1112TW h the information subndted in this and all attached documents. and that bas is true, accurate, examined and am fam ng the inforcnatlon, t believe thatthe submitted Information responsible for obtalni Date: 1 declare under penalty of PeT1urY that 1 have Personally on mY inquiry a#tl'°sG rndrvrduals immediately 5 nature. ot owner or owner's authorized representaBVe (Print) k3 r' _*a and o)n ~l at tttie pa e Ft' 290 (revised 07109 72 eiz~k GILBARCO ~ VEEDER-ROOT April 18-5 2011 Reading Town Clerk 16 Lowell St. Reading, MA 0 1867 RE: Global Station # 2446 1330 MAIN ST READING, MA 01867 Gilbarco Inc. CMS Department, MS F-76 7300 West Friendly Ave. P. O. Box 22087 Greensboro, NC 27420 United States Phone: 800-253-8054 Fax: 336-547-3384 www.gilbarco.com www.veeder.com To Whom It May Concern: LLC (Global) authorized Compliance Service As a Global Montello Group Corporation and Global Compa maintaining permits and licenses, and for Provider, Gilbarco Veeder-Root is responsible for renewing coordinating and tracking the resolution of compliance issues. Corporation in September 2010. At the Global purchased the above-referenced station from EconMobil Oil o amend the facility license for storage of the transfer have time of purchase, Global submitted to your municipality an application To_ date we have ce station (FP-2A form). flarnmables and combustibles at the above-referent d e uestneither an updated License reflecting not been issued an amended license. This letter is q rshi for the above referenced gas station or written confirmation that one will not be issued. owne p es for Municipal Officials on the Issuance of Licenses Granted under Massachusetts According to the "Guidelin A General Law, Chapter 148 § 13": town is by a local licensing authority. and then is recorded blishesi eth pro eidure under which local A license granted clerk...Massachusetts General'Law Chapter 148, Section 1 es City and town losives on the land. ties may grant licenses for the storage of flammable comb s nl a ded.p licensing authors Y clerks are required to maintain records of licenses that belocal ow~icensing included a copy of the License in the old owner's name for your reference- the 1 1 have authority does not issue an updated License for a change of ownership, please go Signature: Title" there is no requirement to have an amended License in the new owner's name. By signing this letter, you are indicating 148 § 13. current License to ensure full compliance with Massachusetts General Law, chapter Sincerely, 5rosepk'Weistnan Joseph Weisman owner's Authorized Agent (336) 315-2889 This letter will act in conjunction with the s~- 73 Easy Peel1w Laoeis I Use Avery(E) Template 51600 Peed Paper expose Pop-up E09611 AL rr- aka a rt~r~rC : ~jTi C _~~T'Cl~'O _ LESTER MARION A LESTER MARION A 1310 MAIN ST LESTER MARION A 13 10 MAIN ST READING, MA 01867 1310 MAIN ST READING, MA 01867 READING, MA 01867 CAROLYN/FLORENCE LLC - DEANE CAMERON 0 CO NEW OWNERS LESTER MARION A ERICA L DEANE 128-130 FRANKLIN ST 1310 MAIN ST 124 FRANKLIN ST. READING, MA 01867 READING, MA 01867 READING, MA 01867 SHAW TERRENCE M E1'AL'CR GARDINER THOMAS GARDINER GAR M MARTHA AMICO TONYA MARIE SHAW REALTY TRUST FRANKLIN FRANK 182 LI 4 CHAPEL HILL, DR READING. MA 01$67 404 PARK ST NORTH READING, MA 01864 01867 READING, - YTNG LAW S1U COLOMBA FRANK J LUSK DAVID A C/O NETWORK GROUP .12 CHAPEL HILL DR ANNE M LUSK • 1 CAMERON STREET READING. MA 01867 30 GAVIN CIRCLE WELLESLEY. MA 02482 READING. MA 01867 LEVYJOSHUA PREVITI BRANDY MICHAEL. A PREVITI (.;VANS LAWRENCE ELYSSA LEVY 13 NELSON AVE 1361 MAIN ST 15 NELSON AVE READING, MA 01867 READING, MA 01867 READING, MA 01867 MOULTON CASEY L TOWN OF READING CHASE RICHARD C/O S SCOTT BERGER 16 LOWELL ST KAREN CHASE 48 NONANTUM STREET - 42 READING, MA 01867 'I 1 NELSON AVE BRIGHTON, MA 02135 READING, MA 01867 VENUTI CHARLES M ETAL TRS BQSC111;TT1 CARLQ A.TRtJST1E MOBIL OIL CORP ALLIANCE ENERGY LLC O THE VENUTI REALTY "iRt)ST T TTI 2009 REVOCABLE T AA CARL INDU TRIAL PARKWAY 6 120 FRANKLIN SC LIN S 116 F 11 G FRANK BRANFORD. CT 06405 READING, MA 01867 867 READING, MA MA 01 - SANTORELLI SALVATORE GHIKA THOMAS M YAU KAM SI-11IJ TR SANTOR REALTY TRUST TRS'T1:B YAIJ FAMILY REVUCTRUS'' 3 GUMWOOD LANF. 22 NELSON AVE 14 NELSON AVE WAKEFIELD, MA 01880 READING. MA 01867 READING, MA 01867 LAMONTAGNE RYAN M SANDRA C LAMONTAGNF 24 GAVIN CIR READING. MA 01867 CAPOZZI LOUIS C'OURTNF.,Y CAPOZZI 5 GAVIN CIRCLE READING. MA 01867 kitluettes fadles b peter Utiiisez le gabarit AVERYO 51.60@ MERRILL RICHARD P TRUSTEE MERRILL RICHARD P TRUSTEE P MERRILL TRUST RICHARD P MERRILL TRUST RICHARD ER L 35 BENNINGTON DR 35 BENN N T DR BELMONT, NH 03220 BELMONT. NH 03220 MCLAUGHLIN ROBERT J DEBELLIS STEPHEN M MCLAUGHLIN PORNPEN M LUCIE DEBELLIS 14 GAVIN CIRCLE 170 FRANKLIN ST READING. MA 01867 READING, MA 01867 I A. Repliez a is hacfiure af(n de ' www.avery.com Sens de Mc 1-800-GO-AVERY chargement d r~v6ler (e rebord Pop-up Easy PeeP°' Labels late 5160® e' Tem A pall. a-.,--y ~.,T~ 1 Feed Paper expose Pop-up Edge ' j 1:=-~ p9 O a.■.. - - p Very Use vrir~a~a~+a~a pan a a~a~>za~►dc~zi"~a~na~~' aCa~~-2-n a IT _ n RION A LEST ER ER MA MA I'LIADIS NESTOR LESTER MARION A 1310 MAIN ST T MAIN 1310 FANOULA ELIADIS READING, MA 01867 G, MA 01867 READIN 162 FRANKLIN ST READING. MA 01867 MICHAEL F E ' WILLIAM W SELLERS MCKENNA "fHOMAS.J JOYCE M JULIAN SUSAN C LEVERO USAN C S SELLERS USHA N 16 HARCOURT ST #8L 181 FRANKLIN STREET R I) R 167 NORDtN VAN MA 02116 BOSTON READING, MA 01867 RE ADING, , MA MA 01 867 RE 01 , _ • BOTTICELLI ROBERTA G PAGE DENNIS TRUSTEE NCG LLC RICKY G NAZ.ZARO FRANKLIN REALTY TRUST 1337 MAIN ST 127 FRANKLIN ST 189. FRANKLIN ST READING, MA 01867 READING. MA 01867 READING, MA 01867 SHAW TERRENCE M ETAL TRS YING LAW SIU CICCARIELLO CHARLENE SHAW REALTY TRUST C/O THE NETWOKI< GROUP I CAMERON ST 20 CHAPEL HILL DR READING, MA 01867 404 PARK ST NORTH READING, MA 01864 WELLESL,EY. MA 02482 . DELANEY JOSEPH E JENNIFER B DELANEY 125 FRANKLIN ST READING, MA 01867 QUEENIE LLC 1331 MAIN ST READING.. MA 01867 NHP PROPERTIES BUSINESS TRUST C/OPMARVIN TPROPERTIES BR S& CLESS TRUST C/O MARVIN F POER & CO 31 STATE STREET 9TI1 FLOOR 31 STATE STREET 9TH FLOOR BOSTON, MA 02109 BOSTON. MA 02104 YTNG LAW SIU YING LAW S I U C/O NETWORK GROUP C/O NETWORK GROUP 1 CAMERON STREET 1 CAMERON STREET WELLESLEY, MA 02482 WF:I,LESLEY, MA 02482 i A Repliez h la hatbure afin de i vvww.avery.com tt'iquettes fatales peter ® Sens de v61er le rebord Pop-up'"c 1-800-GO-AVERY 1 Utilisez le gabarit AVERIf® 51.60 j chargement 7 Schena, Paula From: Hechenbleikner, Peter Sent: Thursday, May 26, 2011 10:16 AM To: Schena, Paula Subject: RE: Gas Stations Name Change Keep this in the file. Peter L Hechenbleikner Town Manager Town of Reading 16 Lowell Street Reading MA 01867 Please note new Toed IThursday effective 7 30 June 7, 20101 5 30 Pm. Monday, Wednesday and Tuesday: 7:30 a.m. - 7:00 P.M. Friday: CLOSED phone'. 781-942-9043 fax 781-942-9071 web www.readingrna-9ov email townrnanager@ci.reading.ma.us how we are doing -fill out our brief customer service survey at http://readingma- Please let us know survey.virtualtownhaltenet/survey/sid/887434dd9e2130bV -7 From: Schena, Paula Sent: Thursday, May 19, 2011 11:26 AM To: Hechenbleikner, Peter Subject: FW: Gas Stations Name Change Paula Schena Office Manager Town of Reading 16 Lowell Street Reading, MA 01867 Phone: 781-942-6643 Fax-, 781-94.2-9071 .us pschena@ci.reading.rna www.readingma.gov Town Hall Hours~ and Thursday - 7:30 a.m. - 5:30 p.m. Monday, Wednesday Tuesday - 7:30 a.m. to 7:00 P.M. at htt llreadingma- Friday - CLOSED fill out our brief customer service survey P Please let us know how t/ are doing virtualtownhall.nesuryey survey. From: Delios, Jean Sent: Thursday, May 19, 2011 11:23 AM To: Schena, Paula Subject: RE: Gas Stations Name Change bti~ 5/26/2011 76 Page 2 of 2 The name change will trigger new signage, how do they anticipate handling that? Jean J. Dehos comrnnnit% seni(es t)iroctori'('~n~ii I'1<tnnoT Tow of Reading 16 Lowell Street Reading, NIA 01867-2685 (P) 781-942-6612 (F) 781-942-9071 Town Hall Hours as of June '7, 2010 M, W, Th: 7:30 a.m. - 5:30 p.m. Tuesday: 7:30 a.m. - 7:00 p.m. FRIDAY: CLOSET) jt.Ielios www.readinimla,gov 1'1 lc t ~iti lin~n~ lioN.v vve Tiro comp by filliri,; ow a brief CtaSIOlywr wr'vice ~,,iir-vv tit I~tt}~:::`rc < +lins.;rrt<i ~:r3r~,~~•.~ iri l.~tilt~;~~ n}<<ill:nrt:'tit.irvey;`si.rl;'c:1~~51•~clai~ } t>c.lb`.~rfib-li From: Schena, Paula Sent: Wednesday, May 18, 4:09 PM To: Burns, Greg; Gemme, Laura; Delios, Jean Subject: Gas Stations Name Change Attached are the applications for the Mobil Stations at 178 Main Street and 1330 Main Street name change to Global. This will be scheduled for a hearing on July 12. Please review and get back to me with any comments by July 7. Paula Schena Office Manager Town of Reading 16 Lowell Street Reading, MA 01867 Phone: 781-942-6643 Fax: 781-942-9071 pschena@ci.reading.ma.us www.readingma.gov Town Hall Hours: Monday, Wednesday and Thursday - 7:30 a.m. - 5:30 p.m. Tuesday - 7:30 a.m. to 7:00 p.m. Friday - CLOSED Please let us know how we are doing - fill out our brief customer service survey at http;l/re..adingma- survey.virtualtownhall.net/survey/sid/de8bdaal6db9e6b4/ 5/26/2011 77 (k) Receipt of Purchase Price. I, the Town Treasurer hereby certify that the Bond was delivered on the date hereof and the full purchase price of $222,200 and a grant of $181,800 is expected to be received from the Authority on August 25, 201 L. Dated: (date of delivery o payment for the Bond - to be left blank until delivery) Treasurer Town Clerk Selectmen L30S 1 11 12621620.1 (TOWN SEAL) a, s~~ $222,200** THE COMMONWEALTH OF MASSACHUSETTS TOWN OF READING SEWER :BOND $222,200** The 'T'own of Reading (hereinafter called the "Municipality") in the County of Middlesex and in The Commonwealth of Massachusetts promises to pay to the Massachusetts. Water Resources Authority (hereinafter called the "Authority"), or registered assigns, the sum of Two Hundred Twenty-Two Thousand Two Hundred Dollars ($222;200). in installments on August 15 of each year as set forth below, without interest: Year Installment 20,12 $44,440 2013 44,440 2014 44,440 20fS 44,440 2016 44,440 Principal payments on this bond are payable at the offices of the Authority at 100 First Avenue, Charlestown Navy Yard, Boston, Massachusetts 02129. Upon final payment of the principal of this bond the Authority shall cancel this bond and,return it to the Muni cipali ty, . . This bond is the only instrument representing a borrowing of $222,200 issued by the Municipality pursuant to Chapter 44 of the General Laws, as amended, and a vote of the Municipality duly passed on the 9th day of November 2009, This bond is issued for the purpose of defi•aying the cost of improvements to the Municipality's sewer system as described in said vote. This bond is transferable only upon presentation to the Treasurer of the Municipality with a written assignment duly acknowledged or proved. No transfer hereof shall be effectual unless made on the books of the Municipality kept by the Treasurer as transfer agent and noted thereon by the Treasurer with a record of payments. 88 s~61 In Witness Whereof the Municipality has caused this bond to be signed by its Treasurer and countersigned by its Selectmen and the seal of the Municipality to be affixed hereto as of the day of 2011. C:ountersiLmcd: WY, Selectmen. (Town Seal) BOS I I 1 12(21 G 19.1 Treasurer sjo 89 We, the undersigned members of the Board of Selectmen (the "Board") of the Town of Reading, Massachusetts (the "Town"), hereby certify that the following is a true copy of excerpts fi•om the minutes of a [regular][special]* meeting of the Board duly called and held on August 2, 2011 at _ p.m, at the Selectmen's Office (the "Meeting"), pursuant to due and proper notice of the date, time, place and purpose of the Meeting given to each Selectmen, The Meeting was attended by . of the five (5) members of the Board of Selectmen, constituting a quorum, who were present and voted throughout; the following vote was duly adopted by vote of . yeas, and absent (the "Vote"), The Meeting considered the $222,200 Sewer Bond expected to be issued to the Massachusetts Water Resources Authority. Thereupon, after full discussion and upon motion duly made and seconded, it was "VOTED; That the Town Manager be hereby authorized on behalf of the Town to enter into and to execute a Loan Agreement and a Financial Assistance Agreement with the Massachusetts Water Resources Authority (the "Authority") and any other agreements as may be deemed necessary in connection with the issue and sale of an interest free loan in the aggregate principal amount of a $222,200 Sewer Bond (the "Bond") to Authority; That the Bond is authorized pursuant to Chapter 44, Section 7(1), of the General Laws, as amended and supplemented, and being a portion of the $404,000 Sewer Bonds authorized by a vote of tho Town duly' adopted under Article 9 at the Subsequent Town Meeting called for November 9, 2009, shall be an interest free loan in the aggregate principal amount of $222,200 dated as of its date of issue, and shall be payable $44,440 on August 15 in each of the years 2012 to 2016, inclusive." We hereby certify that the foregoing is a true copy of the Votes adopted at the Meeting as appearing in the minutes thereof; that the Meeting was open to the public; that notice stating the place, date, time and purpose of the Meeting was filed with the Town Cleric of the Town of Reading and a copy thereof was posted in the Town Cleric's office or on the principal official bulletin board of the Town at least 48 hours, not including Saturdays, Sundays and legal holidays, prior to the time of the Meeting and remained so posted at the time of the Meeting; that no deliberations or decisions in connection with the Votes were taken in executive session; and that the official record of the Meeting was made available to the public promptly and will remain * Delete that which is inappropriate. S~11 90 available to the public, all in accordance with Chapter 30A, Sections 18-25, of the General Laws, as amended (the "open-meeting law"). We, further certify that the aforesaid Votes have not been in any respect, amended or rescinded but still remain in full force and effect as of the date hereof. Approved; Town Treasurer Board of Selectmen I, the undersigned Clerk of the Town of Reading, Massachusetts, affix hereto the Town seal and my official signature for the purpose of authenticating the foregoing signatures of the Selectmen and the Town Treasurer, and of certifying that each has been duly elected or appointed to, has qualified for and is presently acting in his or her respective office, I farther certify that the aforesaid Votes have not been in any respect amended or rescinded and remainin full force and effect as ofthe date hereof, Town Clerk (TOWN SEAL) BOSii1 12621621.1 91 Sj '2 (Please Note: The following statements are an essential part of the permanent bond record. Read them carefully before signing this certificate, Advise Edwards Angell Palmer & Dodge LLP of any inaccuracy.) TOWN OF READING, MASSACHUSETTS $2,050,000 WATER BOND SIGNATURE AND NO LITIGATION CERTIFICATE We, the Selectmen and the Treasurer of the Town of Reading, Massachusetts, certify that we have signed the $2,050,000 Water Bond (the "Bond") of the'fown dated August 15, 2011, and payable, without interest, in installments on August 15 of each year as set forth below: Year Installment Year Installment 2012 $205,000: 2017 $205,000 2013 205,000 2018 205,000 2014 205,000 2019 205,000 2015 205,000 2020 205,000 2016 205,000 2021 205,000 'fhe Bond bears the Town seal, which is also affixed to this certificate. We ['urther certify that the Financial Assistance Agreement with the Massachusetts Water Resources Authority (the "Authority") dated August '15, 2011 providing for the sale of the Bond has been signed by the Town Manager, and that the Loan Agreement dated August 15, 2011 relating to the Project financed by the Bond has been signed by the Town Manager and we hereby confirm those Agreements. The Financial Assistance Agreement and the Loan Ageement are sometimes referred to collectively in this certificate as the `-`Agreements", Capitalized turins used in this certificate and not otherwise defined shall have the same meanings given those tornis in the Agreements. . . We, the-Selectmen and the Treasurer, also certify as follows: 1. Authority, The Bond is issued pursuant to Chapter 44 of the General Laws and the following vote of the Town: $2,050,000 Water Bonds being a portion of the $2,285,000 Water Bonds authorized under Article 7 at the Subsequent Town Meeting called for November 8, 2010. After this issue there remains $235,000 authorized unissued debt under that authorization. 94 S~:~s Execution of the Agreements was further authorized by a vote of the Selectmen passed August 2, 2011 (the "Selectmen's Vote"). 2, Other Debt, No other debt has been incurred under that vote of the Town. 3. Use of Project and Loan Proceeds, (a) No Reimbursement. None of the proceeds of the Loan and the Bond are being used by the Town to reimburse the Town for expenditures previously made from funds other than proceeds of a borrowing. (b) Prior Notes or Bonds, No proceeds of the Loan or the Bond will be used to pay or retire any notes, bonds or other evidence of indebtedness previously issued by the Town, (c) No Sale of'Projeci, The Town does not expect to sell any Project prior to repayment of the Loan and the Bond, (d) Use in Trade or Business, Not more than 5% of the gross proceeds of the Loan or the Bond are to be used (directly or indirectly) in any trade or business carried on by any person other than a state or local governmental unit. (Use in a trade or business inefudes all activities carried on by the federal government (including its agencies and instrumentalities), by so-called Section 501(c)(3) organizations and by all other nongovernmental entities other than natural persons, but does not include use as a member of or on the same basis as the general public.) The Town does not have or plan to have any contract or other arrangement not applicable to the general public under which a party, other than the Commonwealth or a local governmental unit is to have the use of the Project or is to make payments based on costs of the Project rather than water costs, (e) Private Loans. None of the gross proceeds of the Loan or the Bond are to be used by the Town directly or indirectly to make or finance loans to others. (The foregoing representation does not preclude the financing of a Project whose costs are to be paid by betterment assessments over a period of years.) We, the Selectmen, the Treasurer and the Town Clerk, further certify as follows: (a) Authorization Execution and Delivery of Documents. The Loan Agreement, the Financial Assistance Agreement and the Bond have been duly authorized, executed and delivered. None of those instruments has been amended or supplemented since its date (except such amendments or supplements which have been approved by the Authority) or repealed and each such instrument remains in full force and effect as of this date. (b) Signatures and Incumbency. The signatures of the Treasurer, and the Selectmen as appearing below are the genuine signatures of the persons who held those offices when the Agreements and the Bond were signed and when they were delivered. (c) Proceedings, No proceeding essential to the execution, delivery or issue of the Agreements and the Bond has been repealed or amended except as stated in paragraph (1) -2- 95 above, and no proceedings have been taken relating to the Agreements and the Bond other than those certified to Edwards Angell Palmer & Dodge LLP. (d) Bylaws. The bylaws or votes described below are the only bylaws or standing votes of the Town affecting the authorization, sale or issue of the Bond, or the authorization, execution or delivery of the Agreements, and since April 20, 2011 there has been no change therein affecting those matters in any way except as may be indicated below: Town of Reading General By-Laws, as certified on April 20, 2011. (e) Home Rule, Since April 20, 2011 the Town has not adopted any amendments or additions to changes in the Town Charter. (f) Selectmen's Vote. Attached hereto is a true copy of the Selectmen's Vote, which has not been amended or repealed and remains in full force and effect on this date. (g) Open Meeting Law. All proceedings essential to the issue of the Bond and the authorization, execution and delivery of the Agreements and deliberations of a quorum relating thereto have been taken at a meeting or meetings open to the public; notice of each such meeting was Filed in the office of the Town Clerk and publicly posted in the time and manner set forth in G.L. C. 30A, §§18-25; no deliberations, decisions or vote in corincction with the Bond or the Agreements were taken in executive session and no vote was taken by secret ballot, and the official record of each such meeting was made available to the public promptly and remains available to the public and, excepting any such meeting held within the last 22 days was made so available more than 21 days prior to the date hereof. (h) No Referendum. No petition.for a referendum has been filed with respect to any of the proceedings essential to the authorization, sale or issue of the Bond or the authorization, execution or delivery of the Agreements. (i) Development Districts. The Town f(hasJfhas notj* established any development districts pursuant to G.L. c.40Q. (j) Debt Limit. At the time of their authorization the Bonds were, and on the date hereof the Bond is, within every debt and other limit prescribed by law or otherwise. * delete that which is inappropriate -3- 96 (k) Receipt of Purchase Price. I, the Town Treasurer hereby certify that the Bond was delivered on the date hereof and the full purchase price of $2,050,000 is expected to be received from the Authority on August 18, 2011. Dated: 2011 (date of delivery of and payment for the Bond - to be left blank until delivery) Treasurer Town Clerk Selectmen (TOWN SEAL) ISOSI 11 12621639.1 97 $2,050,000' THE COMMONWEALTH OF MASSACHUSETTS TOWN OF READING WATER BOND $2,050,000" The Town of Reading (hereinafter called the "Municipality") in the County of Middlesex and in The Commonwealth of Massachusetts promises to pay to the Massachusetts Water Resources Authority (hereinafter called the "Authority"), or registered assigns, the sum of Two Million Fifty Thousand Dollars ($2,050,000) in installments on August 15 of each year as set forth below, without interest: Year Installment Year Installment 2012 $205,000 2017 $205,000 2013 205,000 2018 205,000 2014 205,000 2019 205,000 2015 205,000 2020 205,000 201E 205,000 2021 205,000 Principal payments on this bond are payable at the offices of the Authority at 100 First Avenue, Charlestown Navy Yard, Boston, Massachusetts 02129. Upon final payment of the principal of this bond the Authority shall cancel this bond and return it to the Municipality. This bond is the only instrument representing a borrowing of $2,050,000 issued by the Municipality pursuant to Chapter 44 of the General Laws, as amended, and a vote of the Municipality duly passed on the 8th day of November, 2010. This bond is issued for the purpose of defraying the cost of improvements to the Municipality's water system as described in said vote. This bond is transferable only upon presentation to the Treasurer of the Municipality with a written assignment duly acknowledged or proved. No transfer hereof shall be effectual unless made on the books of the Municipality kept by the Treasurer as transfer agent and noted thereon by the Treasurer with a record of payments. 98 In Witness Whereof the Municipality has caused this bond to be signed by its Treasurer and countersigned by its Selectmen and. the seal of the Municipality to be affixed hereto as of the day of------ , 2011. Countersigned: cS P E IMrc p Treasurer 44 q-1, CN, ~ a S electrnen (Town Seal) BOS 111 12621642.1 99 s~v~ Promoting, preserving, and developing affordable housing in VVate* town Community Housin Watertown since 1991 July 7, 2011 Jean Delios Town Planner 16 Lowell Street Reading, NIA 01867 Dear Ms. Delios, I am writing to offer our services as a MassHousing approved Monitoring Agent. Watertown Community Housing, Inc. (WCH) has been working in the field of affordable housing development, administration and compliance for nearly 20 years. Working closely with the Town of Watertown's Planning Department, WCH has facilitated a Downpayment Assistance Program and Home Improvement Program that has provided over $1.5 million in loans to over 100 income eligible households. All of these loans are subject to deed restrictions that require annual compliance monitoring and/or refinance and resale restrictions that bring us in regular contact with the owners on behalf of the Town. In recent years WCH has provided lottery and Affirmative Fair Marketing services to private developers. Recent efforts include: 2007 - Riverbank Lofts (7 units in Watertown) 2008-2009 - Repton Place (28 units in Watertown) .2010 - Castle Courtyard and Admirals Cove (6 units in Natick) Each of these projects involved negotiations with the Town and developer, review of numerous legal documents, marketing, lottery administration, income and asset eligibility determinations for all lottery winners. While some of these units also involved the use of HOME funds, the major compliance focus was on the Local Initiative Program as thesewere all LIP or LAU units. Additionally, in 2010 WCH completed a $5.5 million rental project that created 18 units,of permanently deed restricted housing. The project involved numerous public handing sources such as the Low Income Housing Tax Credit, HOME Program, Community Based Housing Initiative, Section 8 Project Based Vouchers, and private funding sources including the Federal Home Loan Bank of Boston's AHP Program, Boston Community Loan Fund and Watertown Savings Bank. WCH self manages this property and therefore has conducted all of the marketing, lottery administration and income/asset eligibility determinations for all residents. Most recently, WCH has begun providing 40B Compliance Monitoring and has current agreements with: - Campion Estates (7 affordable units in North Andover) - Villages at Goddard Highlands (26 units in Stoughton) 'i'he majority of WCEI marketing, lottery and compliance work is overseen by its Executive Director Jennifer Van Campon. She has over 15 years experience in affordable housing projects 63 Mount Auburn Street, Watertown, MA 02472 • Tel: 617-923-3505 • Fax: 617-923-8241 • www.watertowncommunityhousing.org 100 5 ~'1 and programs. She has been with WCTI 4 years. Ms. Van Campen participates in all negotiations with developers and Towns and assists in the fa.cilitation.of required agreements and legal documents. She also oversees the marketing and lottery administration. She is assisted by an Administrative Coordinator Robyn Rufo who has been with WCH for 4 years. Ms. Rufo manages all individual applicant files and conducts initial income/asset eligibility determination. Final eligibility determinations are provided by Ms. Van Campen. References for your consideration: Geoff Engler, SEB Consulting - 617-782-2300 x 202 Greg Watson, Mass Housing - 617-854-1000 Janice Lesniak, DHCD - 617-573-1327 We believe Watertown Community Housing has the experience and capacity to assist other Towns and developers in the implementation of their affordable housing goals. We look forward to the opportunity to work with you in the coming months and years. Please contact me at 617-923-3505 x 4 if you have any questions. Thank you for your consideration. Sincerely, Jenkifer ` an Camp. F?xecutlve Director s101 Massachusetts Housing Finance Agency Dne Beacon Street, Boston, MA 02108 TEL: 617.054.1000 I FAt:617.854.1091 VP: 866.758.14:55 www.rrrasshousing.com May 6, 2011 Watertown Community Housing, Inc. 63 Mt. Auburn St. Watertown, MA 02472 Attn: Jennifer Van Campen, Executive Director Re: Monitoring Agent Services Dear Ms. Van Campen: Pursuant to your request dated April 29, 2011, this letter will confirm that MassHousing is approving Watertown Community Housing, Inc, to perform Affordability Monitoring Services for compliance with the of brdabiiity requirements of projects permitted under M:G.L. Ch. 40B. The requisite prior experience is clearly demonstrated in the supporting documents submitted with your request. The previous monitoring responsibilities outlined in that submission adequately address your qualifications to perform those services within the context of the Comprehensive Permit Process. Thank you for your interest in providing a valuable service within the affordable housing community and to the Commonwealth of Massachusetts, if you have any. questions concerning this letter, please contact me at 617-854-1880. 7 Si erely: Gregory I .Watson Manager of Comprehensive Permit Programs Deval L. patrick, Gownur Ronald A. Homer, Chairman Thomas R. Gleason, Executive Director Timothy R Murray, Lt. Governor ( Michael 1. Dirrane, We Chair I Robert M. Ruzzo, Deputy Direct 102 .5 Jennifer Van Campen 49 Phillips Street Watertown, MA 02472 (781) 640-3027 jy~dq(a?grnail.copi. Professional Experience Executive Director Watertown Community Housing, Inc. 2007 - present • Oversaw affirmative marketing program for sale of 35 affordable homeownership units. • Completed acquisition of 18 unit rental property, obtained over $5 million in public and private financing to undertake renovation of the property. • Oversee property management of 18 unit rental property including affirmative marketing plan, income eligibility determination and on-going maintenance. • Led the expansion of WCH services into other communities including the provision of home buyer classes, program administration and lottery services to Brookline, Newton and Natick. • Conduct all fundraising, financial management, program reporting and management of staff. • Provide interim Fxecutive Director staffing to Metro West Collaborative Developers a collaborative, process amongst four towns to create an innovative affordable housing production strategy and vehicle. Executbe hirector Waltham Alliance To Create Housing (WATCH) 1998-2005 Created and implemented an organizational plan including: 3-year strategic plans; 1-year community organizing, affordable housing development and workforce training work plans; and $350,000 annual operating budget fundraising strategy. Oversaw the development of real estate development staff and programs including site acquisition, neighborhood resident involvement, financing, design and construction of 21 units of rental and homeownership housing with total development costs of over $4 million. Initiated the first formal Board and leadership training process. • Supervised staff and volunteers in the implementation of a Tenant Training Program, First Time Home Buyer Program, English for Employment and numerous community organizing campaigns involving over 400 people annually resulting in significant local and state-wide public policy achievements. • Launched the organization's first capital campaign raising nearly $100,000, which then leveraged an endowment campaign raising an additional $50,000. • Established partnerships with neighboring towns and regional organizations resulting in a new health care training initiative with two major health care providers and the construction of a. four-unit condominium project outside of Walthaan. Assistant Director Bridgeport Artisan Center 1998 Lead author of organizational restructuring including creation of in-house production and employment strategy and transition to independent non-profit status. Co-led the start up of in-house production facility including: site improvements, hiring strategy, materials identification, logistics and product development. Created financial management system. Performed grant writing, reporting and data collection. Yale Conant anity Renaissance Fellow Housing Authority City of Pittsburgh 1997 Was one of 20 people selected nationally to participate in this inaugural fellowship program Funded by the U.S. Department of Housing and Urban Development and coordinated by Yale University to provide support to the nation's most troubled housing authorities. Project manager of the $117 million AIlequippa 'Terrace revitalization effort which involved the demolition of 1,500 public housing units; reconstruction of 1,200 public housing and market 103 ~~N rate units; relocation of 500 families; establishment of "self-sufficiency," plans for 450 families; and creation of a general partnership between the residents and the developer. Executive Director Citizens for Action in New Britain (CANB) 1992-1996 Assisted in the creation of work plans for eight issue groups with a total constituency of over 1,200. Developed strategies addressing a variety of community issues including: affordable housing, economic development, Medicare/Medicaid reform, neighborhood stabilization, community reinvestment, crime prevention and tax issues. • Planned annual leadership training process including a retreat statewide and regional conferences, summer training series and inter-organizational planning meetings. Researched and initiated partnership projects with other non-profit agencies such as the New Britain Area Conference of Churches, Chamber of Commerce and Trinity College. Edited quarterly newsletter, annual report, brochure and other marketing materials. Maintained records of accounting and managed the day to day activities of the office. Author of $5 million Arch Street Neighborhood Revitalization Lone plan including the identification of housing and economic development opportunities and the involvement and training of neighborhood leadership around issues of community development. Cominimity Organizer Citizens for Action in New Britain (CANB) 1990 - 1992 Identified and trained resident leaders to develop strategies-to improve their community. Responsible for building three issue groups with memberships of 30-75. Assisted in the creation of a home ownership initiative that created a $7 million First Time Home Buyer Program involving five local bank and the City of New Britain. Provided first time homebuyer counseling to over 270 families. Lecturer Connecticut Colleges 1992- 1995 Presented workshops on "Basics of Community Organizing" to human service and social work students at Tunxis Community College, Central CT State University and Trinity College. Couch Track and Field 1991- 2001, 06-07 Nonnewaug (Head), Hall, New Britain, Waltham and Watertown High Schools (Assistant) . Developed training programs for 75 youth in all of the high school field events. Volunteer Experience Coach, Little Kickers / Watertown Youth Soccer Program 2008, 2010 Alemher, Board of'Directors Metrowest Regional Employment Board 2002 -2005 Participated in the formation of liealth Care Works, a sector-based job training program involving four area hospitals and three community based organizations. Massachusetts Association of Community Development Corporations Member, Policy Corrimittee 2009 --to present Member, Board of Directors 1.998 - 2005 Chair, Church-Closing Committee 2005 Chair, Legislative Committee 2001 - 2003 Education and Certifications National Development Council - Housing Development Finance Professional Certification 2009. Southern New Hampshire University - M.S. in Commumity Economic Development 1998 Trinity College, Hartford, CT - B.A. in Urban Studies 1990 104. ESCROW AGREEMENT This ESCROW AGREEMENT (the "Agreement") is entered into this day of August, 2011, by and among ENTERPRISE BANK AND TRUST COMPANY, with an address of 222 Merrimack Street, Lowell, Massachusetts 01852 (the "Escrow Agent"), OAK-RJF 30 HAVEN STREET LLC with an address of 10 McTernan Street, Cambridge, Massachusetts 02139 (the "Developer") and the TOWN OF READING (the "Town") a municipal corporation with executive offices. at 16 Lowell Street, Reading, MA 01867. WHEREAS, the Developer is the owner of certain real property located at 30 Haven Street; Reading, Massachusetts (the "Premises"); WHEREAS, Developer is constructing a retail and residential project on the Premises (the "Project") pursuant to a Site Plan Review Decision issued by the Town's Community Planning and Development Commission dated September 13, 2010 as amended (the ``Site Plan"); WHEREAS, Developer and Escrow Agent have entered into a Construction Loan Agreement dated as of March 18, 2011 (the "Loan Agreement") to provide financing for the construction of the Project; WHEREAS, the Town has agreed to provide $200,000 from its Affordable Housing Trust Fund to assist Developer to complete the affordable housing elements of the Project- and WHEREAS, Escrow Agent has agreed to act as escrow agent in accordance with this Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Del Neil to Escrow Agent. As of the date hereof, the Town shall deliver the amount of $200,000 (the "Escrow Amount") to the Escrow Agent. Upon receipt of the Escrow Amount, Escrow Agent shall deposit it into a separate account in the name of the Developer and shall hold such funds in accordance with the tern-is of this Agreement. All interest on the Escrow Amount will be paid to the Developer as additional funds available for the development of the Project. 2. Release of F"serow Fund. 2.1 As Required, Escrow Agent shall release the Escrow Amount to the Developer as requested by Developer pursuant to requisitions provided to the Escrow Agent in a form substantially similar to the requisitions provided by Developer to Escrow Agent as lender under the Loan Agreement; provided that no portion of the Escrow Amount shall be released until the earlier of (a) all amounts available to the Developer under the Loan Agreement have been disbursed or (b) the Developer's actual and accrued expenses for the Project have reached $17,900,000 as set forth in requisitions provided by Developer to Escrow Agent. 2.2 On Written Instruction. Notwithstanding the foregoing Section 2.1, the Escrow Agent shall release the Escrow Amount, or any portion °''6929 105 SF~ thereof; upon receipt of written instructions executed by each of the Town and Developer. 2.3 Completion of Project. Notwithstanding the foregoing sections, if actual expenses for the Project do not reach $18,100,000 based on requisitions provided by Developer to Escrow Agent then difference between the actual expenses and $18,100,000 shall be disbursed to the Town for re-deposit to the Affordable Housing Trust Fund without the authorization or notice to the Developer being required. 3. failure to Complete. In the event that the Developer shall abandon the development of the Project, or fail to complete the Project within twenty four (24) months of the date hereof, the balance of the Escrow Account shall be disbursed to the Town for re-deposit to the Affordable Flousing 't'rust Fund without the authorization of the Developer being required; provided that Escrow Agent shall give Developer thirty (30) days prior written notice. For purposes hereof, the Project shall be deemed to be complete upon completion of all work including any punchlist. 4. Non-Transferability. The transfer of ownership in the Premises shall not include a transfer of the Escrow Account without the express written consent of the Town. 5. Escrow A ent. Escrow Agent shall perform such duties as are specifically set forth herein subject to the following provisions: (a) Escrow Agent shall be entitled to charge its customary and reasonable fees for its services hereunder which fees shall be paid by the Developer. (b) Escrow Agent may resign and be discharged from its duties hereunder at any time by giving notice of such resignation to the other parties hereto specifying a date (not less than 7 days after the giving of such notice) when such resignation shall take effect. Promptly after such notice, a successor escrow agent shall be appointed by mutual agreement of the Town and Developer, such successor to become the escrow agent hereunder upon the resignation date specified in such notice. If the Town and Developer are unable to agree upon a successor escrow agent within 7 days after such notice, Escrow Agent shall be entitled to appoint its successor. Escrow Agcnt shall continue to serve as escrow agent until its successor has assumed in writing Escrow Agent's obligations hereunder and receives the remaining Escrow Amount. The Town and Developer may agree at any time to remove Escrow Agent upon notice to Escrow Agent setting forth the date upon which such removal shall become effective. In the event of such removal, the Town and Developer shall appoint a successor escrow agent and-Escrow Agent shall turn over the remaining Escrow Amount to such successor escrow agent. (c) The duties and responsibilities of Escrow Agent are limited to those specifically set forth herein. Escrow Agent shall not be liable for any mistake of fact or error of judgment made in good faith or for any acts or omissions by it of any kind other than bad faith, willful misconduct or gross negligence. Escrow Agent shall be entitled to rely, and shall be protected in doing so, upon (i) any written notice, instrument or signature believed by it in good faith to be genuine and to have been signed or presented by the proper party or parties duly authorized to do so, and (ii). the advice of counsel (which may be of Escrow Agent's own choosing). Escrow Agent shall have no responsibility for the contents of any writing submitted to it hereunder and shall be entitled in good faith to rely without any liability upon the contents thereof. 87 x929 (d) Any dispute that may arise among Escrow Agent, the Town and Developer under this Agreement with respect to (i) the delivery, ownership, or right of possession of the Escrow Amount or any portion thereof, (ii) the facts upon which Escrow Agent's determinations hereunder are based, (iii) the actions to be taken by Escrow Agent hereunder, and (iv) any other questions arising under this Agreement, shall be settled either by agreement of the parties to such dispute (evidenced by appropriate instructions in writing to Escrow Agent signed by such parties) or by entry of a final order, decree or judgment by a court of competent jurisdiction in the United States of America (the time for appeal therefrom having expired and no appeal having been perfected) (a "Final Order"). The Escrow Agent shall be under no duty to institute or defend any such proceedings, and the parties shall be jointly and severally liable'to Escrow Agent for any costs, expenses, and counsel, fees it shall incur by reason of such dispute or litigation. Prior to the settlement of any dispute as herein provided, Escrow Agent is authorized and directed to retain in its possession or to deliver to a court of competent jurisdiction without liability to anyone, such portion of the Escrow Arnount that is the subject of or involved in the dispute. 6. Notices, Any notice pursuant to this Agreement shall be in writing and shall be delivered by hand with provision for acknowledgment.of receipt or sent by registered or certified mail, retLirn-receipt requested, postage prepaid or by Federal Express or other recognized commercial overnight courier or by facsimile, addressed as follows: If to the the Developer to: Paul M. Ognibene OAK-RJF 30 Haven LLC 10 M cTernan Street Cambridge, MA 02139 Fax No. With a copy to: John J. Siciliano, Esq. Hemenway & Barnes LLP 60 State Street Boston, MA 02109 Fax No. (617) 227-0781 If to the Town to: Peter I. Hechenbleikner Town Manager Town Hall 16 Lowell Street Reading; MA 01867 Fax No. (781) 942-9071 With a copy to: Ellen Callahan Doucette, Esq. Bracket and Lucas 19 Cedar Street Worcester, MA 01609 Fax No. (508) 799-9799 6~ 876929 l d7 [f to Escrow Agent to:Patty Wilson Enterprise Bank & Trust Company 222 Merrimack Street Lowell, MA 01852 Fax No. Notice shall be deemed effective, (a) if delivered by hand or Federal Express or other recognized commercial overnight courier, on the date of delivery thereof, or (b) if sent by registered or certified mail, on the earlier of the date of' receipt or first attempted delivery by the U.S. Postal Service, or (c) if transmitted by facsimile on the date the transmission is confirmed as received provided it is received during regular business hours at the place of receipt, otherwise on the next business day. Any party may from time to time change the address to which notices may be sent by giving the other party notice of such change in accordance herewith. 7. Miscellaneous. (a) This Agreement will be binding upon, inure to the benefit of, and be enforceable by the respective beneficiaries, representatives, successors and assigns of the parties hereto, but neither this Agreement, nor any of the rights, interests or obligations hereunder shall be assigned by any of the parties hereto without the prior written consent of the parties hereto. (b) This Agreement contains the entire understanding of the parties with respect to the subject matter hereof, and may be amended only by a written instrument signed by the parties hereto. (c) 'Chis Agreement shall be construed in accordance with and governed by the laws of the Commonwealth of Massachusetts. (d) 'rhe captions appearing in this Agreement are for convenience only and have no other signi ficance. (e) I'bis Agreement shall terminate upon the distribution of all of the Escrow Fund in accordance with this Agreement, provided, however that the provisions of Section 3 shall survive termination hereof. Upon such termination, Escrow Agent shall have no further obligations with respect to the Escrow Fund. [remainder of page left intentionally blank] 876929 1 do sF~ Executed as a scaled instrument as of the date set forth above. ESCROW AGENT: ENTERPRISE BANK & TRUST COMPANY By: DEVELOPER: OAK-RJF 30 Haven LLC By: Oakville Reading Fund LLC, its Manager By: Paul M. Ognibene, Manager TOWN OF READING HOUSING AUTI LORI ry Karen Flammia, Chairman Diane Cohen, Vice Chairman Kevin Mulvey Mary Connors TOWN: TOWN OF READING BOARD Ol, SELECTMEN Camille W. Anthony, Chairman Stephen Goldy, Vice Chairman Ben Tafoya, Secretary James E. Bonazoli Richard W. Schubert 876929 1 b n 5~f m N m pa bA '.si N N V) R3 M ~ cd F CO c) r r: s 0 ZW a °a z IJd z~w z ® ; W ~a ~,.W N C3 ® s4 V Q.~ zw LLJ U U0: i r y N ~ {1 ~ Q N is L40N -l s Me, n.. ur ell tQ< '4t' renns}{vaflia Ave a ~c'T~ ~.•3~ ~ ~ CU ue ~a ,4. Y ,c t9'~>jiant V ~ row uw r U:.r SL '~7ry Rci ui X G cSf .c Oak P- w9e FCd c~(t• r~i~,e~iC Ira crl~' r`-c:FayuR Rct Cs~ 110 ~p~ LEGAL. NOTICE Towel IJ~ I~EAOIN ALLIrGCIP LA7ION SECtidN 3 2 fi., I, SUPER VISI0.N - PRESENCE To the (cihab(tants of the TcjWh'bf ,Reading: Please taste notice that 'the Hoard of Se'l'ectmen as..the Licensing,Authonty for the Town of Reatlipgiiil load a public hearing ari Tu±asday, ,Augus# 2, <2t}11 ai 9:od p.m. in the Selectmen's' Ieethg'-Ro6m16 Loweli Street,' Readj;h I :t 2 i .uk Messaci use. s.1 oshow ,eaiase ~i4U4ia):: VVV[~_K LJ`\Y Q,i iQQ1:ri1,1y, 13ostactrant Licbn}se: to Expose, a : U Keep for Sale, and to Sel[?AIi tCi~cis of=AicoNo'1~c Bev.'erages•e?o he Dru'lnk an t 1? he .retnrs~s,N sho'U"Id.not be modified; sits pendetf or revoked for vIalating Sec tiara 3:2.1.1 of the BaAM,of Sele'cfinen Policies.on, June 20111 to wit: Supervision Presence: A(1 in#erpsied parties may appear in person, may: submit their comments•in writing, or may email comments to town- manager@-dreadina.ma.us. IBy ardar of Petet"1 H"~chatirtl~I+~►Nr~rer~'< . Mna er ' Town 7.26 Shi 111 Town of Reading 16 Lowell Street Reading, MA 01867-2685 ASSISTANT TOWN MANAGERXINANCE DIRECTOR (781) 942-6636 FAX: (781) 942-9037 Email: finance&i.reading.ma.us CERTIFIED MAIL #7010 0780 0001 6911 8641 July 20, 2011 Yao Tang KOK, Inc d/b/a Oye's 26 Walkers Brook Drive Reading, MA 01867 NOTICE OF BEARING Alleged Violation - Board of Selectmen Policies and Procedures - Article 3 Licenses Section 3.2.1.12 Supervision - Presence Dear Mr. Tang: On June 27, 2011 at 4:20 p.m., when the constable attempted to serve the Notice of Violation on KOK, Inc., for the violation of M.G.L. c.138, §34 that occurred on June 22, 2011; she was unable to do so because a manager was not on duty. In accordance with Section 3.2.1.12 of the Board of Selectmen's Policies and Procedures for Licenses: [t]he licensee, a Manager or principal representative of the licensee shall be present in the licensed premises at all times during which alcoholic beverages are being sold pursuant to the license, and shall be available to the licensing authorities and its agents during all such times unless some other person, similarly qualified, authorized and satisfactory to the Licensing Authority, and of whose authority to act in place of such Manager or principal representative shall first have been approved by the Licensing Authority in the manner aforesaid is present in the premises, and is acting in the place of such Manager or principal representative. SkZ 112 You are hereby notified that the Board of Selectmen, will hold a public hearing on August 2, 2011 at 9:00 p.m. in the Selectmen's Meeting Room, Town Hall, 16 Lowell Street, Reading, MA 01867, to show cause why KOK, Inc. d/b/a Oye's, should not be field in violation of the Board of Selectmen's policies and procedures. This public hearing will be held pursuant to the provisions of M.G.L. c.139, §64. After the hearing the Board of Selectmen may vote to suspend or revoke your license if it finds that there is satisfactory proof that a violation has occurred. You may appear on your own behalf and/or with your legal counsel and present witnesses. Sincerely, Robert LeLacheur Assistant Town Manager 113 5k3 DD.RINC6 READING POLICE DEPARTMENT v5.5n INVESTIGATIVE ACTION REPORT CASE#: D084256 org.. case# : rpt date: 06/27/11 20:14 reported: MONDAY from date: to ucr: 106 INVESTIGATION location: 26 WALKERS BROOK RD and OYE'S RESTAURANT follow up by: NONE NEEDED case status: officer: rpt status: Change Status: review officer: comp/vict notify: N sup review officer: cir/involve type: Solvability Factors CIR: complaint: TOWN-BY LAW VIOLATION INVESTIGATION 07/20/11 .09:56 PAGE: 1 06/27/11'16:15 OPEN PRELIMINARY reporting officer: 36•DET. SAUNDERS assignment: C car: 36 second officer: sup/back-up: NAMES type mast# name/add hone dob ss# WITNESS 017218.HOYT,SALLY M (781) 944-1191 221 WEST READING MA 01867 INVOLVED 120768 ZHENG,JIAN QING 62 MARY QUINCY MA 02169 NARRATIVE CHIEF, ON JUNE 27, 2011, AT APPROXIMATELY 1620 HOURS, I WENT TO OYE'S RESTAURANT, 26 WALKERS BROOK DRIVE TO ASSIST CONSTABLE SALLY HOYT IN SERVING A DOCUMENT TO A MANAGER. MRS. HOYT REPORTED TO ASSISTANT TOWN MANAGER ROBERT LELACHEUR THAT SHE ATTEMPTED TO SERVE A MANAGER AT 1515 HOURS, THIS DATE AND NO MANAGER WAS ON DUTY. MR. LELACHEUR CONTACTED CHIEF CORMIER WHO THEN ASSIGNED ME TO ACCOMPANY MRS. HOYT TO OYE'S AND TO SPEAK WITH A MANAGER. CHIEF CORMIER GAVE ME A COPY OF TOWN BY-LAW 3.2.1.12, SUPERVISION- PRESENCE,-WHICH STATES "THE LICENSEE, A MANGER OR PRINCIPAL REPRESENTATIVE OF THE OF THE LICENSE SHALL BE PRESENT IN THE LICENSE PREMISES AT.ALL TIMES DURING WHICH ALCOHOLIC BEVERAGES ARE BEING SOLD PURSUANT TO THE LICENSE AND SHALL BE AVAILABLE TO THE LICENSING AUTHORITIES AND ITS AGENTS DURING ALL SUCH TIMES I BROUGHT A COPY 114 DD.RINC6 READING POLICE DEPARTMENT 07/20/11 09:56 v5.5n PAGE: 2 INVESTIGATIVE ACTION REPORT CASE#: D084256 org.case#: OF THE BY-LAW WITH ME_ NARRATIVE AT APPROXIMATELY 1620. HOURS, MRS. HOYT AND I ENTERED OYE'S AND SPOKE WITH YUKI YANG,•THE HOSTESS. I ASKED IF WE COULD SPEAK WITH THE MANAGER. SHE TOLD ME THAT NO MANAGER IS WORKING. I ASKED HER WHO SHE WOULD REPORT TO IF THEIR WAS A PROBLEM AND SHE SHRUGGED HER SHOULDERS. THEN A SECOND FEMALE CAME TO THE COUNTER AND I ASKED HER WE COULD SPEAK WITH A MANAGER. SHE ALSO,INFORMED THAT NO MANAGER IS WORKING. I THEN REQUESTED THAT ONE OF THEM CALL THE OWNER, KEVIN ZHENG SO I COULD SPEAK WITH HIM. SHE DID SO. I SPOKE WITH KAREN ZHENG, KEVIN'S WIFE AND A MANAGER. I ASKED HER IF A MANAGER IS WORKING AND SHE SAID NO. I THEN INFORMED'HER OF THE BY-LAW AND SHE SAID THAT KEVIN AND HER HAD SOMETHING TO TODAY, BUT WOULD BE IN LATER. I THEN ASKED HER WHO IS IN CHARGE HERE AND SHE SAID NO ONE. SHE THEN STATED THAT THE BAR MANGER WADE IS IN THE BUILDING. I SAID OKAY, HE QUALIFIES AS A MANAGER. I•THEN INFORMED MRS. ZHENG ABOUT THE LETTER AND THE BOARD OF SELECTMAN HEARING NEXT WEEK. I THEN ASKED YUKI IF SHE WOULD GET WADE. AFTER SEVERAL MINUTES, A WILLIAM.FHUNG CAME OVER TO SPEAK WITH ME. WILLIAM WAS BEHIND THE BAR WATCHING THE ENTIRE TIME WE WERE THERE. I ASKED WILLIAM IF HE IS A MANGER AND HE SAID NO. I INFORMED WILLIAM THAT MS ZHENG STATED HE WAS THE BAR MANAGER. HE APPEARED CONFUSED. AT THIS TIME, I DETERMINED THAT NO MANAGER WAS ON DUTY, IN VIOLATION OF TOWN BY-LAW 3.2.1.12. I GAVE WILLIAM-AND YUKI MY BUSINESS CARD. MRS. HOYT AGREED WITH ME THAT NO MANAGER WAS PRESENT IN. THE BUILDING WHILE ALCOHOL WAS BEING SERVED. I OBSERVED APPROXIMATELY TWELVE PEOPLE SITTING AT THE BAR CONSUMING ALCOHOLIC BEVERAGES,. SEVERAL WERE DRINKING BEER FROM BUDWEISER BOTTLES. I ALSO OBSERVED TWO BARTENDERS,. ONE BEING WILLIAM, BEHIND THE BAR SERVING ALCOHOLIC DRINKS. Solvability Factors - Eliminated by Investigation: Developed by Investigation: Remaining for Investigation: Additional Evidence/Tech Work - Photographs [ ] Composite [ ] Fingerprints [ ] Other [ ] Performed by: gen status: 115 DD.RINC6 READING POLICE DEPARTMENT v5.5n INVESTIGATIVE ACTION REPORT CASE#: D084256 org.case#: I ve tigating er's Signature 07/20/11 09:56 PAGE: 3 Reviewing Officer's Signature Date 116. S to THE TOWN OF READING COMMONWEALTH OF MASSACHUSETTS BOARD OF SELECTMEN Order of Taking WHEREAS, the Board of Selectmen of the Town of Reading in the Commonwealth of Massachusetts, acting under the authority of a vote of Reading Town Meeting pursuant to Article 8 of the annual town meeting held on April 25, 2011 and in accordance with Chapter 82 of the General Laws of said Commonwealth, and acts in amendment thereof' and in addition thereto, has determined that it is necessary and essential as a matter o1' public necessity and public welfare to construct and reconstruct sidewalks on Woburn Street, Washington Street, Prescott Street and Sunnyside Avenue in said Town of Reading and that the public interest and convenience requires the acquisition of easements in certain properties abutting said streets; and WHEREAS, said Board of Selectmen did, on August 2, 2011, vote to acquire easements necessary for the to construct and reconstruct sidewalks on Woburn Street, Washington Street, Prescott Street and Sunnyside Avenue, and to set aside funds sufficient to authorize and pay for easements taken for this purpose, as required by Massachusetts General Laws Chapter 79; and W14FREAS a7I other conditions precedent have been complied with; NOW, THEREFORE, the Board of Selectmen of the Town of' Reading, duly elected and qualified, acting in compliance with Massachusetts General Laws Chapter 79, does hereby take those easements which are shown on a plan, signed by the individual members of said Board and entitled: 117 Sid EASEMENT PLAN OF LAND SAFE ROUTES TO SCHOOL INFRASTRUCTURE PROJECT WOBURN-STREET, WASHINGTON STREET, SUNNYSIDE AVENUE TEMPLE STREET AND PRESCOTT STREET - PARKER MIDDLE SCHOOL (MassDOT Project No. 606222) IN THE TOWN OF READING, MASS. MIDDLESEX COUNTY prepared for the Town of Reading by Otte & Dwyer, Inc., Land Surveyors, 59 Appleton Street, Saugus, MA 01906, which plan consisting of 4 sheets is to be recorded in said Deeds together with this Order of Taking. Temporary easements are hereby taken in Parcels TE-1 through TE-21 inclusive and a permanent easement is taken in Parcel 1-T, which easements consist of the right to enter upon said land at any time during the effective period of the easements to accomplish the necessary work within said parcels, including site grading, constructing slopes of excavation and/or embankment, driveways, removing and resetting walls and to perform any other incidental construction. Said easements are temporary in mature and are to be in effect for a period of five (5) years from the date of the recording of this instrument. For damages sustained by the following owners in their property by reason of the aforesaid takings, and in accordance with the provisions of General Laws, Chapter 79, Section 6, as amended awards are made. r he Board of Selectmen reserves the right to amend the awards at any time prior to the payment thereof for good cause shown. 2~; '2'-- 118 Parcel No. Supposed Owner Area Book Page Award TE-1 Thomas P. and Holly A. Allen 85 s.f. 43367 595 $ 400.00 TE-2 David M. and Sherry Waldman 220 s.f. 51741 19 $1,000.00 TE-3 Roman Catholic Archbishop of Boston 620 s.f. 3152 376 $2,700.00 TE-4 Victor J. Silva 50 s.f. 42939 555 $ 200.00 TE-5 John H. and Donna M. Loews (50%) 180 s.f. 22773 173 $ 800.00 Catherine Capozza Realty Trust (50%) 55328 520 Catherine L. Capozza, Trustee TE-6 Ernest C. And Marie J. Bay 990 s.f. 12797 203 $4,300.00 TE-7 R&L Realty Trust 450 s.f. 21527 346 $2,000.00 Robert Ray Bell, et al, Trustees TE-8 Stephen and' Holly Turner 600 s.f. 36383 313 $2,600.00 TE-9 Robert B. Llubbard and 860 s.f. 46230 573 $3,700.00 Kimberly Rose-Hubbard TE-10 Brian Donnegan and 540 s.f. 32563 100 $2,400.00 Christopher Donnegan Angela Marie Donegan, Life Estate 'TE-11 Thirty-Seven Prescott Street Nominee 545 s.f. 36831 142 $2,400.00 Realty Trust Roger M. and Betty M. Stinchfield, Tr. TE-12 Damon P. Lusk and 20 s.f. 46765 3 $ 100.00 Christine E. Tighe TE-13 Timothy M. Michel and Lynda J. Ott 10 s.f. 30206 513 $ 100.00 TE-14 Joseph A. and Ronda J. White 190 s.f. 45564 316 $ 800.00 -TE-15 Nancy L. Anderson 470 s.f. 23164 281 $2,000.00 TE-16 Randall G. and Kimberly J. Moreau 105 s.f. 34505 6 $ 500.00 TE-17 Dorothy Costello. 145 s.f. 53255 245 $ 600.00 TE-18 28 Sunnyside Avenue Realty Trust 110 s.f. 24237 368 $ 500.00 Doris A. Dagnese, Trustee TE-19 Joseph D. and Elizabeth E. Gesmundo 1,105 s.f. 47464 466 $4,800.00 TE-20 Kenny T. and Karla M. Goodreau 450 s.f. 47316 351 $2,000.00 TE-21 James D. and Martha E. Polley 270 s.f. 1202 H] $1,200.00 1-T John 1-1. and Donna M. Loews 10 s.f. 22773 173 $ 200.00 Catherine Capozza Realty Trust (50% ) 55328 520 Catherine L. Capozza, Trustee 119 3 ~i 3 The names of the owners herein given, although supposed to be correct are such only as matters of opinion and belief. In witness whereof, we have set our hands and seals this 2" d day of August, 2011. TOWN OF READING BOARD OF SELECTMEN Camille W. Anthony, Chair Stephen Goldy Ben Tafoya James E. Bonazoli Richard W. Schubert COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. On this 2°d day of August, 2011 before me, the undersigned notary public, personally appeared the Reading Board of Selectmen, proved to me through satisfactory evidence of identification, which were personally known to me to be the persons whose names are signed above, and acknowledged to me that they signed it voluntarily for its stated purpose. Notary Public My commission expires 120 Board of Selectmen Meeting June 7, 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 7:07 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 Bob LeLacheur, Office Manager Paula Schena, and the following list of interested parties: Bill Brown, Mac Cesullo, Frank Driscoll, Mary lllen Stolecki, Mary Ellen Downy and Vicky Schubert. Reports and Comments Selectmen's Liaison Reports and Comments Stephen Goldy noted that the Fall Street Faire Committee has been meeting and is still looking for volunteers. The registration for vendors is now online. Camille Anthony noted that she covered for Stephen Goldy at the Senior Center. She also noted that Jimmy Houston will not be there this. evening. Ben Tafoya noted that sponsors are needed for the Fall Street Faire. He also noted that he has been visiting communities with the Town Manager and Town Engineer lobbying for the West Street project which is not on the current lisf. James Bonazoli thanked staff for the Memorial Day event. He noted that the Economic Development Summit is next week and the Fall Street Faire that will be held on September I 1 th will start at noon and the 9 -11 Memorial Service will be from 10:00 a.m. 11:00 a.m. Public Comment - Bill Brown gave the Town Manager a list of town owned land. He noted that the flowers in the cemeteries will be picked up on Monday. He also asked where the money came from to water the flower baskets in the downtown. James Bonazoli indicated that the Board had already had that discussion and it is time to move forward. He indicated that it costs approximately $9,000 to water the plants and it probably won't be done next year. Vicky Schubert turned in a petition that was signed by residents who are opposed to amplified sound. Jaqui Carson from Peter Sanborn Place indicated that she is applying for 30 units of affordable housing. She got the Reading Housing Authority to write a letter of support and is requesting that the Selectmen do the same. Ben Tafoya noted that he will support a letter without a number attached to it. 121 b~► Board of Selectmen Meeting - June 7 2011 - page 2 A motion by Goldy seconded by AnthonyAhat the Board of Selectmen authorize James Bonazoli or the Town Manager to draft a letter in support of the Peter Sanborn Place United Homes of Reading proiect was approved by a vote of 5-0-0. Town Manager's Report - The Town Manager gave the following report: Administrative matters ® It is time for the annual Board/Committee/Commission appointment process ® The Board needs to sign the paper work for the new precincts that the Board approved at their last meeting Community Development ® Jacqui Carson from Peter Sanborn Place will be in under public comment to request Board of Selectmen support for some level of funding from the Affordable Housing Trust Fund for the PSI' expansion project. Camille Anthony has asked for an update for the Board of Selectmen on the 3 South Main Street redevelopment sites. ® Please see the letter from Jean Delios to Jim Mawn regarding the M.F. Charles Building. Public Safety o The RCASA Youth Crew is looking for additional 14 year old -to 18 year old members. Contact Erica McNamara at the RCASA office if interested. Public Works ® MW RA water interconnection with Stoneham - work this fall - completed summer 2012 - a copy of the notice of advertisement is in your packet. ® The first phase of the Fast 14 bridge work went well last weekend, except that some of the information apparently had the dates of lane closure incorrect. Watch 93fastl4.in4o( dot.state.ma.us for further information ® We have been made aware of National Grid gas line work on. four streets - notices have gone to abutters ® The MPO is holding workshops and information sessions on proposed changes to the MOU The major change would be to significantly increase the municipal representation on the MPO. Construction projects ® Causeway Road - Trees have been removed; RMLD will be starting pole relocation this week, DPW to start drain installation next week (weather permitting). Dates and Events: o Friends and Family Day - June 18, 2011 ® Reading Fall Street Faire September 11, 2011 The Town Manager noted that he has been in contact with Reading, Kansas which is a city of 250 people and they lost 1 /3 of their housing and they have damage to their parks, schools and 6a:2-- 122 Board of Selectmen Meeting - June 7 2011 - page .3 churches from the tornadoes. He has talked with our Clergy Association and Recreation to see if there is any interest in helping. Discussion/Action Items Highlights - Technology Plan - Bob LeLacheur noted that the Technology Division has four full time staff. We share document storage hardware with the Light Department and we work with the schools also. We are ready to go public with document storage. There is a need for new policies also. Financially, technology is under budget on almost every item - there is $250,000 available. Plans for $150,000 include accounting software, public safety software and improve the website. We are exploring PC virtualization and have reduced PC replacement cost from '$1000 to $ 300/year. The Assessors selected new CAMA system; we have a new mass communications system that will be used to notify staff, boards, committees and commissions along with residents. Preview New Reading Community. Alerts - Police Business Administrator Andrew Scribner noted that the water ban last year exposed a weakness in our alert system - it couldn't call everyone quickly enough. The Town investigated systems and purchased Everbridge. New user sign up is going on. Richard Schubert asked about the elderly who do not have computers and Andrew Scribner indicated there are public computers at the Library, Senior Center and there will be a kiosk at the Police Station. Hearin Amending Section 1.5.2 of the Selectmen's Policies Re: Use of Public Funds for Gifts - The Secretary read the hearing notice. The Town Manager noted that the policy is on how public fiends can be used for bereavement - the previous policy did not allow it. Town Accountant Gail LaPointe noted that changing the wording to say that donations can be collected so the wording will be changed to "accept and use funds" instead of "use public funds." A motion by Anthony seconded by Goldy to close the hearing on amending Section_ 1.5.2 of the Selectmen's Policies was approved by a vote of 5-0-0. A motion b Gold seconded b Tafo a to approve the amendments to Section 1.5.2 of the Selectmen's Policies as presented was approved by a vote of 4-0-1 with Anthony abstaining. Review Amplified Sound Use at Morton Field - Reading Bulldogs - James Bonazoli noted that the Recreation Committee has a policy to allow amplified sound. A petition was received tonight regarding use of amplified sound at Morton Field on Sundays from 1:00 to 7:00 p.m. Mr. Bonazoli also noted that the Selectmen are not the issuers of the permit. Selectmen Richard Schubert indicated he will step down as a Selectman because he is a property owner at 119 Winthrop Avenue and although he is not a direct abutter to Morton Field, he lives 123 Board of Selectmen Meeting= June 7 2011 - page 4 within close pl'oximity. He was speaking as a private citizen and acting on his own behalf and not as a member of the Board of Selectmen. Vicky Schubert noted that she is representing the neighborhood and 32 residents signed the petition asking the Board to overturn the permit allowing use of amplified sound this summer because their input was not solicited previously. She noted that she does not object to baseball, just specifically amplified sounds. She noted that she respects the work of the Recreation Department and feels the Recreation Committee under estimated the impact on the neighbors. She noted that the petition asks _the Board to rescind the permit to use amplified sound because it is intrusive and impacts their right to peace. She feels the duration of eight Sundays from 1:00 to dusk with stop and go music is not necessary. Terry Ware, a resident on Winthrop Avenue for 20 years, indicated that she is surprised that Morton Field is being used for this and feels it will be an intrusion every Sunday. She feels that baseball can stand alone. Mary Ellen Stowlecki, Chairman of the Recreation Committee, noted that the Selectmen asked the Recreation Committee to look at the section on amplified sound back in 2009. The Recreation Committee had difficulty quantifying sound and determining who would police it so they didn't amend the policy. She noted that Mr. Hallisey wanted to make this an event for Reading, not impose on the neighborhood. Last July he was told by the Town to shut off the sound. A subcommittee was set up and no resolution came of it. Ms. Stowlecki noted that this is a great opportunity for Reading youth to have this in Reading - it's a festive atmosphere. The Town Manager noted that when the initial application was made there was no mention of amplified sound. lie noted that the Bull Dogs are not your typical team, their season is set and they have a valid permit. Vicky Schubert asked why the permit was issued again when they were told to shut off the sound last year. She noted that the committee should have invited public input. Mrs. Schubert indicated that every Sunday is not an exception and suggested that Symonds Way would be a more appropriate location for them. Bernie Winne, Associate member of the Recreation Committee, indicated that the Committee consulted with the Town Manager and Police Department and the Police indicated they received no complaints. Mary Ellen Downey noted that when they got shut down last year the abutters thought that was the end of it. She has never made a complaint in 32 years but every Sunday is too much. James Bonazoli asked if the music part or just the announcements were the problem and Vicky Schubert indicated all of it. Rick Schubert, 119 Winthrop Avenue, indicated that his comments are as a private citizen. He feels there is a vagueness of policy and this is a significant change in protocol in the past 20 years. It is a significant negative impact on abutters. He noted that Babe Ruth started at 9:00 124 ('aM Board 'of Selectmen Meeting_ June 7 2011 .-.page 5 a.m. and went all day. He had no refuge even inside his house and his neighbors had the same complaint. The noise was overwhelming and unacceptable. Recreation Committee member Frank Driscoll noted that there were no complaints originally there was no opportunity to discuss. They were told to shut it off by the Town Manager and one Selectman. He feels the Recreation Committee didn't have any reason not to issue the permit because one complaint isn't enough to shut it down. James Bonazoli indicated if a public hearing was held then the Recreation Committee would have heard comments. The Town Manager noted that the reason he stopped them was because this was something different. A motion by Tafoya seconded by Anthony to direct the Recreation Committee to rescind the permit for the ReadinIZ Bull Dol4s team to use amplified sound at Morton field was approved by a vote of 4-0-0. James Bonazoli noted that the Selectmen need to look at the policy for amplified sound including types and duration. Approval of Plans - Busa Liquors - Architect Domenic Sacari noted that he prepared the plans. They are rearranging their retail space. The Town Manager noted that all of the permits are in place and they just need the Selectmen to approve it. A motion by Tafoy seconded by Goldy to approve the proposed revised floor plan for Busa Liquors dated 27 September 10, was approved by a vote of 5-0-0. Review/Approve Aquifer Protection District Amendments - The Town Manager noted that he needs direction from the Board and he hopes to have'this ready for the fall Town Meeting. Richard Schubert indicated it would be helpful to see comparisons. A motion by Goldy seconded by Anthony that the Board of Selectmen direct the Town Manager and Assistant Town Manager to work with Town Counsel and Staff to prepare amendments to the Zoning Bylaw section 4.5 - the Aquifer Protection District Bylaw - to have the bylaw mirror the state DEP regulations as to maximum coverage, and incorporate specific design standards into the bylaw, was approved by a vote of 5-0-0. Approval of Proposal to Transfer a Portion of 40R Smartgrowth Incentive Payments to the . Affordable Housing Trust Funds - The Town Manager noted that once the building permits are issued we can spend the money. Pulte is doing demo now and the permit will be issued on September 9. 2011 for the first part of the project. The amount of $350,000 will become available and then $3000 for each unit will be paid to the Town. 125 Board of Selectmen Meeting - June 7, 2011.- page 6 James Bonazoli and Stephen Goldy suggested a nominal figure of $150,000. Ben Tafoya indicated he didn't feel comfortable just picking a number tonight. He would rather wait for the building permit to be issued. The Town Manager indicated that the Warrant will not have a dollar amount in it. A motion by Anthony seconded by GOO that the Board of Selectmen direct the Town Manager to place the appropriate article on the Subsequent Town Meeting warrant to transfer funds from the Smart Growth stabilization fund into the Affordable Housing Trust Fund, was approved by a vote of 5-0-0. Review/Direction on Instructional Motions Ben Tafoya is holding a workshop on Town owned property. The Town Manager indicated he will schedule this for August 2. Approval of Minutes A motion by Goldy seconded by Tafoya to approve the minutes. of May 10, 2011 was approved by a vote of 5-0-0. A motion by Schubert seconded by Tafoya to go into Executive Session to discuss strategy with respect to labor negotiations - Dispatchers union, and that the Chair declares that an open meeting may have a detrimental effect on the bargaining position of the body, and not to reconvene in Open Session was approved on a roll call vote with all five members voting in the affirmative. Respectfully submitted, Secretary 126 ~0, Board of Selectmen Meeting June 21, 2011 For ease gf'archNing, the order that items appear in these minutes reflects the order in r4)hich the items appeared on the agenda.for that meeting, and are not necessarily the order in which any item rvus 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 Hechenbleikner, Office Manager Paula Schena and the following list of interested parties: John Arena, John Halsey, Michael Cerullo, Ruth Urell, Mary Ellen Downey, Mary Ellen Stolecki, Tom Connery, Michelle Kramer, Michael Mesullo, Lynne Cassinari, Frank Driscoll, William Hughes, William Cataldo, Terry Weir, Deb Miller, John B. Sullivan, Donna Dudley and Bill Crowley. Reports and Comments Selectmen's Liaison Reports and Comments - Ben Tafoya. indicated that Friends and Family Day was a great event. He noted that CPDC approved the MWRA design last night and asked if there will be an information session with the South Street neighbors. The Town Manager noted that once the bids are in and a contractor has been selected then there will be a meeting. Ben Tafoya asked if solar panels were considered with our performance contracting and the Town Manager indicated that it was. There is solar water at the fire stations and solar heat at the field house. Richard Schubert noted that the West Street Historic. District Commission toured an 1896 house last night. He requested that the West Street Historic District Commission and Historical Commission have a staff liaison at Town Hall. Stephen Goldy noted that John Feudo did a great job with Friends and Family Day. The Fall Street Faire Committee meeting is on Monday. Camille Anthony indicated the Board received a letter from the resident at 114 Prescott Street regarding concern of the state of the sidewalks and lighting on Prescott Street. Mrs. Anthony noted that she would like to have a workshop meeting to discuss money for sidewalks. James Bonazoli noted the Board received a letter from a neighborhood who wants to do a betterment for sidewalks on Edgemont and Stewart. Mr. Bonazoli noted that the Fall Street Faire 9-11 Memorial service will be from 10:00 a.m. to 11:00 a.m. at the Reading Memorial High School and then on the Common from 11:30 a.m. to 12:00. Mark Dwyer is still looking for donations. Public Comment - John Halsey submitted a petition to the Board of Selectmen regarding the Reading Bulldogs being allowed to use amplified sound. Town Manager's Report - The Town Manager gave the following report: 127 o0V Board of Selectmen Meeting - June 21, 2011 - page 2 Administrative matters ® 292 Tickets went out in the mail for having unlicensed dogs. There are a total of 330 unlicensed dogs in Reading. Finance o Three months of meals tax equaling $74,680.92 is scheduled for payment by end of June - this is well above our FY 12 budget of $150,000 for the whole year. Public Saiety ® The RCASA Youth Crew is looking for additional 14 year old to 18 year old members. Contact Erica McNamara at the RCASA office if interested. Public Works 4, MW RA water interconnection with Stoneham- work this fall - completed summer 2012. ® National Grid gas line work on 4 streets - notices have gone to abutters. Construction projects o Causeway Road - Trees have been removed; RMLD will be starting pole relocation this week, DPW has completed drain installation. Still need to meet with administrator on site to discuss wetland line for filling status. ® Haverhill Street Water Main Project - Will receive bids for project the last week in July. Will forward final application to MWRA regarding zero interest loan after bids (MWRA's requested method). Sidewalk contract Contractor to start tomorrow correcting 2 driveway aprons from previous work. Will start imagination Station curb and sidewalk relocation following Conservation Commission request for determination. o Roadway Paving Contractor designing mix, should submit designs for review in 2 weeks. Expected roadway work to commence mid July. ® Gas Company gas main installation - Vine Street area: should finish main line installation this week. To start services the following week. ® Memorial Park Culvert - DPW to clean sediment end of July to the beginning of August. Repair of masonry channel to follow (by Contractor). Dates and Events: ® Reading ball Street faire September 11, 2011. Proclamations/Certificates of Appreciation Resolution - African American Patriots - A motion by Tafoya seconded by Bonazoli to approve the resolution for the African American Patriots National Memorial was approved by a vote of 5-0-0. Personnel and Appointments Appointments Boards Committees and Commissions - The Board discussed the new process for interviews and the consensus was the process is great and if there are any issues the Board of Selectmen can meet with any of the Boards, Committees or Commissions during the year. 128 ~1 Board of Selectmen Meeting - June 21, 2011 page 3 A motion by Goldy seconded by Bonazoli that the Board of Selectmen approve the recommendation of the Volunteer Appointment Sub-committee for appointments and or reappointments to various Boards, Committees, and Commissions for terms beginning July 1. 2011. as listed below: Position Appointment Term ending Animal Control Appeals Com. Tina Ohlson 6-30-14 Board of Appeals John Miles Board of Appeals (Associate) Damase Caouette Cemetery Board of Trustees Olive Hecht Janet Baronian Board of Registrars Harry Simmons ACCCP David Williams Ronald Daddario ACCCP (Associates) Michele Benson Gina Snyder Commissioners of Trust Funds Beth Klepeis Stephen Goldy CPDC David Tuttle Charles Adams CPDC (Associate) George Katsoufis William Keating Conservation Commission William Hecht Tom Laughlin Constable Sally Hoyt Council on Aging Dorothy Derosa Carol Oniskey Cultural Council Margaret Caouette Economic Development Corn, Sheila Clarke Ben Yoder EDC (Associates) John Russell Michelle Ferullo Karl Weld 129 6-30-14 6-30-14 6-30-14 6-30-14 6-30-14 6-30-14 6-30-14 6-30-12 6-30-12 6-30-14 6-30-14 6-30-14 6-30-14 6-30-12 6-30-12 6-30-14 6-30-14 6-30-14 6-30-14 6-30-14 6-30-14 6-30-14 6-30-14 6-30-12 6-30-12 6-30-12 lP Board of Selectmen Meeting - June 21, 2011 - page 4 Fall Street Faire Committee Ben Tafoya 6-30-14 Fall Street Faire Committee (Associate) Denise Benard . 6-30-12 . Historical Commission Roberta Sullivan 6-30-14 Historical Commission (Associate) Virginia Adams 6-30-12 MAPC Steven Sadwick 6-30-14 RCTV Board of Directors Edward Smethurst 6-30-14 Kevin Walsh 6-30-12 Reading Ice Arena Authority Carl McFadden 6-30-14 Recreation Committee Adams Chase 6-30-14 Recreation Committee (Associate) Joseph Rossetti 6-30-12 RMLD Citizen Advisory Board Tony Capobianco 6-30-14 Town Forest Committee (Assoc.) Louis DeBrigard 6-30-12 Trails Committee Alan Rosh 6-30-14 Trails Committee (Associate) John Parsons 6-30-12 Will Finch 6-30-I2 VASC James Bonazoli 6-30-12 Ben Tafoya 6-30-12 West Street Historic District Richard Schubert 6-30-14 (Associate) Ilene Bornstein 6-30-12 Sharlene Reynolds Santo 6-30-12 The motion was approved by a vote of 5-0-0. Ap pointment of Town Counsel - Camille Anthony noted that she and Stephen Goldy reached out to Boards, Committees and Commission and staff for comments. All comments received were positive. A motion b Tafv a seconded b Gold to reappoint the firm of Brackett and Lucas as Town Counsel for FY2012 with a term expiring June 30, 2012 was approved by a vote of 5- 0-0. Discussion/Action Items Board oi' Selectmen Reorganization James Bonazoli thanked the Board for the opportunity to serve as Chairman and turned the meeting over to the Town Manager. 130 bq Board of Selectmen Meeting - June 21, 2011 - page 5 Tafoya moved and Goldy seconded to place the name of Camille Anthony into nomination as Chairman of the Board of Selectmen for a term expiring 6-30-12 or until a successor is appointed A motion by Tafoya seconded by Goldy to close the nominations was approved by a vote of 5-0-0. The main motion was approved by a vote of 4-0-1 with Anthony abstaining. Schubert moved and Tafoya seconded to place the name of Stephen Goldy into nomination as Vice Chairman 'of the Board of Selectmen for a term expiring 6-30-12 or until a successor is appointed There being no other nominations, the motion was approved by a vote of 4-0-1 with Goldy abstaining. Goldy moved and Bonazoli seconded to place the name of lien Tafoya into nomination for the position as Secretary of the Board of Selectmen for a term expiring 6-30-12 or until a successor is appointed There being no other nominations, the motion was approved by a vote of 5-0-0. Town Accountant Quarterly Report - Town Accountant Gail LaPointe was present and gave a review of events to date. She noted that the auditors have started their preliminary work. She also noted that she is working on getting the Human Resources module of Munis up and running and we will probably need a new server in one to two years for the Munis upgrades. Approval of Outdoor Dining Sammy Jo's - The Town Manager noted that this is the first application for outdoor dining. The request is for two tables outdoors. The Board of Health has approved and there is plenty of room to maneuver. Camille Anthony asked if there was an issue with the sign and the Town Manager indicated that it has been brought into compliance. A motion by Goldy seconded by Tafoya to approve the outdoor dining for Sammy Jo's Bakery and Caf6 located at 2 Haven Street with a term expiring December 31, 2011 pursuant to the plan submitted was approved by a vote of 4-0-0 (Schubert had left the room). Hearing_-- Approval of FY2012 Compensation Plan - The Secretary read the hearing notice. Human Resource Administrator Carol Roberts noted that the Pay and Classification Plans are for non-union employees and there are no changes from last year. Town Meeting Member John Carpenter asked if the numbers are working out as discussed at Town Meeting regarding the cutbacks. The Town Manager noted that some positions are not being filled and some are being filled other ways. A motion by Goldy seconded by Bonazoli to close the hearing was approved by a vote of 5- 040. A motion by Goldy seconded by Bonazoli to approve the FY2012 Compensation Plan was approved by a vote of 5-0-0. 131 ~bS Board of Selectmen Meeting - June 21, 2011 - page 6 Further Consideration of the Use of Amplified Sound - Summer 2011 - Reading Bulldogs Selectman Richard Schubert recused himself because he is a resident of the neighborhood and signer of the petition so he will sit with the audience. Mr. Halsey, 75 Beaver Road, indicated he was unable to be at the last meeting. He submitted a petition with 330 signatures earlier this evening. He is asking for a motion to reconsider the Selectmen's direction to the Recreation Committee to rescind the Bulldogs use of amplified sound. Ile noted that he was not informed of the last meeting and his permit was already in place. He asked why it took so long for this to come before the Board of Selectmen when this discussion began last July. He went before the full Recreation Committee in April and he heard no public comment. IIc noted he played his first game on June 5t" at 1:00 p.m. and finished at 5:00 p.m. They play 30 minutes of music before the start, then the National Anthem and announce players during the game. He also noted that the speakers are set up properly, unlike Reading Babe Ruth All Star Day which had people running the sound systems who did not know anything about them. Mr. Halsey noted that the music makes it interesting - it adds to the venue. The resident who lives in the last house on Bancroft Street has concerns about setting precedence. He noted that parking is also a struggle. John Sullivan, 134 Belmont Street, asked the Board to reconsider. John Arena, 26 Francis Street, indicated that a vote was taken without both parties present. This is an opportunity to undo the vote. The resident from 48 Woodland Street noted that he watched great baseball on Fathers Day and felt that music is the sound of community. Pete Moscarcllo noted that Morton Field has been improved.. It is an enhanced atmosphere with music. fie is in favor of the music. Lynne Cassinari indicated that she signed the original petition and she wanted to be heard just like Halsey, but she wasn't given that chance from the beginning. She noted this is for several games over the course of the summer and if you grant for one group, then others will want to do the same. She is against the music. Michelle Kramer noted that Reading is a booming community and everyone needs to work in partnership. Mary Lllen Stolecki, Chairman of the Recreation Committee, noted that Mr. Halsey's permit is revoked and there was no process for both sides to meet. The Recreation Committee asks the Selectmen to reconsider and work out a compromise. Bill Crowley noted that watching vintage baseball is a wonderful experience. His nephews commented on the beautiful field and their eyes lit up when they heard the music and announcements. He highly praised Mr. Halsey. 132 6b (0 Board of Selectmen Meeting - June 21 20 1.1 - pak) e 7 Tom Conncry, 101 Beaver Road, indicated that he was speaking on John Halsey's behalf and endorsed his character. lie asked the Board to reconsider their vote. A resident from 102 Winthrop Avenue noted that baseball is not the issue amplified sound is. She is not asking him to cease his activity, just the sound. A resident from 26 Glenmere Circle indicated that broadcast is his major in school and he's had the opportunity to broadcast at the field. He also noted that someone else did the sound on Babe Ruth Day and Mr. Halsey was not even there. Julie Scott, 129 Hanscom Avenue, indicated she is a direct abutter and has lived there for 25 years. She feels it is a great opportunity for the Town to'have the Bulldogs play here and she is willing to work with Halsey. Selectman Richard Schubert spoke as a Town Meeting member and resident. Fie noted there was an urgent need to address the policy, but a policy is broad based and will affect all fields, He noted that the issue is not just the sound, but the Frequency, John Carpenter, 114 Hanscom Avenue, indicated he has lived there 27 years and this is not new. This is the sound of enjoyment. He encourages the Board of Selectmen to reconsider. David Pinette noted that John Halsey received a permit. The neighbors complained about an event that wasn't the Bulldogs. Fie feels the Board of Selectmen jumped the gun and should reinstate the permit and go down and observe the activity themselves. Williams Hughes, 156 Salem Street, indicated he supports reinstatement of the pen-nit. James Bona-roli noted that the policy was set back in 1991 - 20 years ago. It needs to be revamped, but the Board needs to understand what sound is. They need to allow the amplified sound on a probationary period, hear it in action, and then put it back on an agenda with the Recreation Committee and the subcommittee. Stephen Goldy noted that the Board should reconsider because they only heard one side of the story two weeks ago. Ben Tafoya noted that the existing policy is not adequate and there needs to be a policy in place before taking any action. Camille Anthony noted that there were meetings with Mr. Halsey and they couldn't come to an agreement. She suggests reconsidering to announce players and the national anthem, but no music. John I-lalsey suggested the national anthem, announcing the players and a two minutes song in between innings. Fle feels that will work with the neighborhood. 133 60 8 Board of Selectmen Meeting_ June 21, 2011 -page.. A motion b Gold seconded b Bonazoli to direct the Recreation Committee to rescind the permit to use amplified sound was approved by a vote of 4-0-0. A motion seconded b Bonazoli to reinstate the sound for effective dates with the condition that the sound be used only for the National Anthem and announcements of the players was approved by a vote of 4-0-0. .fames Bonazoli noted that he will be the liaison with Mr. Halsey. 'T'he 'town Manager noted he will send a letter to the Recreation Committee asking them to met and confirm ASAP. Bill Crowley noted that if this was a true test case then the music should be allowed. 'T'own Manager Goals - The Town Manager reviewed the goals. Set Town Manager's Salary - A motion by Schubert seconded by Tafoya to set the Town Manager's salary at $132,700 for the fiscal year 2012 was approved by a vote of 5-0-0. Approval of Minutes A motion by Tafoya seconded by Goldy to approve the minutes of May 3, 2011 was approved by a vote of 54 A motion by Goldy seconded by Tafoya to approve the minutes of May 24, 2011 Was approved by a vote of 5-0-0. A motion by Goldy seconded by Tafoya to approve the Executive Session minutes of May 3, 2011 as written was approved by a vote of 5-0-0 with all five members voting in the affirmative. A motion by Bonazoli seconded by Goldy to adjourn the meeting at 11:00 p.m. was approved by a vote of 5-0-0. Respectfully submitted, Secretary 134 Y~ Board of Selectmen. Meeting July 5, 2011 For ease o '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 7:05 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Camille Anthony, Selectmen Stephen Goldy and Richard Schubert, Town Manager Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur, Town Counsel Ellen Doucette, Police Chief James Cornier, Police Sergeant Mark Segalla, Police Detectives Michelle Halloran and Michael Saunders, Office Manager Paula Schena and the following list of interested persons: Robert Carp, Bob Kiley, Palatat Pattenesuan, Kevin Tao. Reports and Comments Public Comment - Bob Kiley and his father were present. Mr. Kiley indicated he lives on Tennyson Circle and the S - 12 hours of band music is very loud and unbearable. He requested that the Selectmen revisit the noise and amplified sound issues. Discussion/Action Items Hearin Liquor License Infraction - Bangkok Spice Thai Restaurant - The Secretary read the hearing notice. Police Chief James Cormier, Police Sergeant Mark Segalla, Police Detectives Michelle Halloran and Michael Saunders were present. Chief Cormier noted this is a result of a series of compliance checks. There were four violations for sale of alcohol to minors. Richard Schubert asked how often compliance checks, are done. Chief Cormier noted there are different types of compliance checks - underage; party checks and "Cop in the Shop." They perform as many as they can during the year. Richard Schubert asked if all licensees were included and Chief Cormier indicated they are. Sgt. Segalla noted that the compliance checks took place on June 22, 23 and 24, 2011. A notice was posted in the Chronicle and Reading Patch and they visited establishments and spoke with Managers. Sgt. Segalla read the ABCC guidelines for compliance checks. Each operative was sent into the establishments without any identification and were given a breathalyzer test before and after the investigations. Sgt. Segalla noted that on June 22, the underage operative went into Bangkok Spice and was served alcohol. The owner was informed. Palatat Pattenesuan, owner of the Bangkok Spice was present. He rioted that will never happen again. He noted that night he was in the kitchen and his wife was the one who served. 135 L 06A Board of Selectmen Meeting -July 5 2011 - page 2 Richard Schubert asked how long Mr. Pattenesuan has had a liquor license and he indicated two years. Selectman Schubert asked if the patron was sitting to have a meal and Sgt. Segalla.. indicated yes. Selectmen Schubert asked Mr. Pattenesuan if he was TIP trained and Mr. Pattenesuan indicated he is the only employee TIP trained. The Board of Selectmen informed Mr. Pattenesuan that it is a requirement that everyone serving be trained in TIPS. Chief Cormicr noted that Mr. Pattenesuan passed two previous compliance checks. Camille Anthony asked if he is closed on any days and it was noted he is closed. on Sundays. A motion by Goldy seconded by Schubert to close the hearing on the possible modification, suspension or revocation of the Restaurant License to Expose, Keep for Sale and to Sell Wine and Malt Beverages to be Drunk on the Premises for Palatat Pattenesuan d/b/a Bangkok Spice Thai Restaurant, 76 Haven Street, for violating GL Chapter 138, Section 34 for the sale or delivery of alcoholic beverai,es to a person under 21 years of age,_ was approved by a vote of 3-0-0. A motion b Gold seconded b Schubert that the Board of Selectmen find Palatat Pattenesuan d/b/a Ban kok Spice Thai Restaurant 76 Haven Street in violation of MGL Chapter 138, Section 34 for the sale or delivery of alcoholic beverages to a person under 21 vears of age on June 22, 2011, was approved by a vote of 3-0-0. A motion by Goldy seconded by Schubert that Palatat Pattenesuan d/b/a Bangkok Spice Thai Restaurant, 76 Haven Street, be penalized with a three day suspension for violation of MGL Chapter 138; Section 34 for the sale or delivery of alcoholic beverages to a_person under 21 years of age on June 22, 2011, was approved by a vote of 3-0-0. A motion by Goldy seconded by Schubert that the three day suspension for Palatat Pattenesuan d/b/a Bangkok Spice Thai Restaurant, 76 Haven Street, take place on July_ 18, 19 and 20, 2011; that the license be surrendered to the office of the Town Manager not later than 9 am the first day of the suspension, to be returned to the licensee by 9 am the day. follewin the suspension; and that a placard be placed on the premises. during the period of suspension indicating the business is "unable to sell liquor due to a suspension of the liquor license for sale of liquor to an underage person", was approved by a vote of 3-0-0. The Town Manager noted that the restaurant is allowed to stay open, but will not be allowed to sell alcohol for those dates. Hearing - Liquor License Infraction - Knights of Columbus - The Secretary read the hearing notice. Brian Snell, John Cafazo, Steve Kintigos and John Ferguson from the Knights of Columbus were present. Sgt. Segalla noted that on June 23, 2011 the underage operative rang the buzzer at the Knights of Columbus, was buzzed in, sat at the bar and was served a beer. The underage operative was given a breathalyzer before and after the operation and did not have any, identification on him. 136 ~2 Board of Selectmen Meeting - July 5 2011 - page 3 Brian Snell indicated this was a case of mistaken identity. This is their first violation in 40 years. They assumed he was a guest of the member who he was speaking to. Mr. Snell offered to make checking of ID's a stipulation from now on. Steve Kintigos submitted a "Licensees Stipulation of Facts" to the Board for the record. John Cafazo, resident, noted that he has been TIPS certified for 30 years. He feels it is unfair to have the same punishment as Bangkok Spice who violated the policy. John Ferguson noted this *was just a mistake. Richard Schubert asked if they are closed on any days and it was noted they are closed on Sundays. A motion by Schubert seconded by Goldy that the Board of Selectmen close the hearing on the possible modification, suspension or revocation of the Club License to Expose, Keep for Sale, and to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises for Home Building Corp of Reading Council K OF C Inc d/b/a Knights of Columbus, I1 Sanborn Street, for violating GL Chapter 138, Section 34 for the sale or delivery of alcoholic beverages to a person under 21 years of age, was approved by a vote of 3-0-0. A motion by Schubert seconded by Goldy that the Board of Selectmen. find. Home Building Corp of Reading Council K OF C Inc d/b/a Knights of Columbus, 11 Sanborn Street, in violation of MGL Chapter 138, Section 34 for the sale or delivery of alcoholic beverages to a person under 21 years of ale on June 23, 2011, was approved by a vote of 34-0. A motion by Schubert seconded by Goldy that Home Building Corp. of Reading Council K. OF C Inc d/b/a'Knights of Columbus, 11 Sanborn Street, be penalized with a three day suspension for violation of MGL Chapter 138, Section 34 for the sale or delivery of alcoholic beverages to a person under 21 years of age on June 23, 2011, was approved by a vote of 3-0-0. A motion by Schubert seconded by Goldy that the three day suspension for Home Building Corp of Reading Council K OF C Inc d/b/a Knights of Columbus, 11 Sanborn Street, take lace on Jul 18 19 and 20, 2011, • that the license be surrendered to the office of the Town Manager not later than 9 am the first day of the suspension, to be returned to the licensee by 9 am the day following the suspension; and that a placard be placed on the premises during the period of suspension indicating the business is "unable to sell liquor due to a suspension of the liquor license for sale of liquor to an underage person", was approved by a vote of 3-0-0. Hearing - Liquor License Infraction -_Oyes - The Secretary read the hearing notice. Sgt. Segalla noted that on June 22, 2011 the underage operative entered Oye's and was served one beer. The bartender did not ask for an ID. The officer notified the Manager. 137 G/~ Board of Selectmen Meeting= July 5 2011 - page 4 Kevin Tao was present and apologized. He noted that he's been in the restaurant business for 1.0 years and this is the first time this has happened. He noted that the bartender is old and failed the T] PS test. He indicated that they check ID's for 40 and under and there is a Manager there at all times. Camille Anthony noted that when the Constable tried to serve him papers for this hearing, there was no Manager on-site. She noted that it is required that a Manager be on-site at all times and we will have this discussion at another meeting. A motion by Goldy seconded by Schubert that the Board of Selectmen close the hearing on the possible modification, suspension or revocation of the Restaurant License to Expose, Keep for Sale, and to Sell All Kinds of Alcoholic Beveralyes To be Drunk on the Premises for KOK, Inc d/b/a Oye's, 26 Walkers Brook Drive, for violating GL Chapter 138, Section 34 for the sale or delivery of alcoholic beverages to a person under 21 years of age, was approved by a vote of 3-0-0. A motion by Goldy seconded by Schubert that the Board of Selectmen find KOK, Inc d/b/a Oye's, 26 Walkers Brook Drive, in violation of MGL Chapter 138, Section 34 for the sale or delivery of alcoholic beverages to a person under 21 years of age on June 22, 2011, was approved by a vote of 3-0-0. A motion by Goldy seconded by Schubert that KOK, Inc d/b/a Oye's, 26 Walkers Brook Drive be penalized with a three day suspension for violation of MGL Chapter 138, Section 34 for the sale or delivery of alcoholic beverages to a person under 21 years of age on June 22, 2011, was approved by a vote of 3-0-0. A motion by Goldy seconded by Schubert that the three day suspension for KOK, Inc d/b/a Oyes, 26 Walkers Brook Drive take place on July 18, 19 and 20, 2011; that the license be surrendered to the office of the Town Manager not later than 9 am the first day of the suspension, to be returned to the licensee by 9 am the day following the suspension; and that a placard be placed on the premises during the period of suspension indicating the business is "unable to sell liquor due to a suspension of the liquor license for sale of liquor to an underage person", was approved by a vote of 3-0-0. Hearing - Liquor. License Infraction - The Wine Shop of Reading - The Secretary read the hearing notice. Sgt. Segalla noted that on June 23, 2011 the underage operative entered the Wine Shop and purchased a six pack of beer. The clerk asked if he was a cop and he indicated he was not, so she put the beer in a paper bag so the Police wouldn't see it. Robert Carp, owner and attorney, was present and indicated he had a video tape from his surveillance camera. Ile noted that the guidelines say that the underage operative should reasonably look their age. Mr. Carp asked what he was wearing and Detective Saunders indicated kakis and an overcoat. Mr. Carp indicated that. he feels the overcoat made him look older. Mr. Carp noted that the report does not indicate an alcohol test before entering the store - 138 Board of Selectmen Meeting -July 5 2011 - page 5 there was a four hour lapse and he feels the test should have been given immediately before he went into the store. He also noted that the operative engaged the clerk in conservation about the location of the beer. Detective Saunders indicated the guidelines do not say the operative can't speak - he just can't misrepresent his age, and further more, the breathalyzer was given 1 '/Z hours prior, not four hours. Sgt. Segalla noted that it was supposed to be a four hour operation, but it only took 1 ''A hours. Richard Schubert asked Mr. Carp how long he had owned the Wine Shop and Mr. Carp indicated since March of this year, Chief Cormicr noted that the police visited all liquor establishments including the Wine Shop on May 27, 2011 and spoke with the Manager regarding compliance. Stephen Goldy noted that whether or not the operative spoke has no bearing on whether or not the liquor was sold to him. _A motion by Goldy seconded by Schubert that the Board of Selectmen close the hearing on the possible modification, suspension or revocation of the Retail Package Goods Store License to Expose, Keep for Sale and to Sell All Kinds of Alcoholic Beverages Not to be Drunk on the Premises for Reading Fine-Wines, LLC d/b/a The Wine Shop of Reading, 676 Main Street, for violating GL Chapter 138, Section 34 for the sale or delivery of alcoholic beverages to a person under 21 years of age, was approved by a vote of 3-0-0. A motion by Schubert seconded by Gold that the Board of Selectmen find-Reading Fine Wines LLC d/b/a The Wine Shop of Reading, 676 Main Street in violation of MGL Chapter 138, Section 34 for the sale or delivery of alcoholic beverages to a person under 21 years of age on June 23, 2011, was approved by a vote of 3-0-0. A motion by Gold seconded b Schubert that Reading Fine Wines LLC d/b/a The Wine Shop of Reading, 676 Main Street be penalized with a three day suspension for violation of MGL Chapter 138, Section 34 for the sale or delivery of alcoholic beverages to a person under 21 years of age on June 23, 2011, was approved by a vote of 3-0-0. A motion by Schubert seconded by Gold that the three day suspension for Reading Fine Wines, LLC d/b/a The Wine Shop of Reading, 676 Main Street take place on July 18, 19 and 20, 2011, that the license be surrendered to the office of the Town Manager not later than 9 am the first day of the suspension, to be returned to the licensee by 9 am the day following the suspension; and that a placard be placed on the premises during the period of suspension indicating the business is "unable to sell liquor due to a suspension of the liquor license for sale of liquor to an underage personwas approved by a vote of 3-0-0. Mr. Carp requested that he be allowed to remain open to sell cheese and food and the Board indicated he could. 139 6OS' aver ''®°r a® a.s' ae.+' ® `®al Pei 4 ~I ~i 1 I I' I Ida I~ 11 - I~I THE COMMONWEALTH OF MASSACHUSETTS Fee: $50.00 Number: 2011-17 TOWN OF READING This is to certify that BRUNA SOUZA CARNOIRO D/B/A HAVEN SEAFOOD MARKET, 591 MAIN STREET, READING, MASS., seating 12 customers IS HEREBY GRANTED A COMMON VICTUALLER'S LICENSE in said Reading, Massachusetts and at that place only and expires December 31, 2011, unless sooner suspended or revoked' for violation of the laws of the Commonwealth respecting the licensing of common victuallers. This license is issued in conformity with the authority granted to the licensing authorities by General Laws, Chapter 140, and amendments In Testimony Whereof, the undersigned have hewu.nto affixed their official si tures. f Y xC^'ak~i~ x'~w ` a ~nirh+" ' , Date Issued: JULY 19, 2011 4 I 1Q I! ~I I 0 GC Clq 21 1 J LL O Z U N i O O Lr) 00 .I`~- m I`- Lo w d M a I`- d M t- Coo d M CO m N N N O Sz = M Lo N M " Lo 0 l I-- " I-- N ,I- N O 'd' O to ~ ' RS Ef}I . . tTf O d" O N t37 O Lo d 0 t7~ 00 g o d m . , r M- vy E0- E 4- ~ 60- 6cy ffl- ~ ~ O O ~ifl O O O i _ > E O 'a tU = O 010 2 i I -r C O N t" N 'T- T- m 0 M M d tom- 00 Lo Lo N O w M w m m a d M O M O I vi d OO CEO O LO 00 C9 C9 O d O N co d- Lo a M N LO O. 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MULLAU, SCcr,ETArY & CEO LUiSA PAIEWONSKY, ADMINISTRATOR Movrr7g Massachusetts Fo"rwa~d ~ OF Y A 17 r~ Highway c . hTir IV C# May 6, 2011 Christine Lusk 52 Washington Street Reading, MA. 01867 sv C N SUBJECT: Reading - Parker Middle School: Safe Routes to School Project Project File !qd.` 666222 Dear Ms. Lusk: This is in response.to your April 20, 2011 letter that includes,a petition signed by 22 residents requesting that the proposed netiv sidewalk on Vdas,1h on Street include a grass strip. After discussions with the Town and the project Consultant, the design will be revised and a 2 foot wide grass strip will be,iricluded with a 5 .foot wide cement concrete sidewalk. The 100% design plans with this revision will be submitted to MassDOT and the Town next week. . If you have any questions, please contact Mr. Shawn Holland, Project Manager; at (617)'03-7242. Sincerely, Marie J. Rose, P.E. Director of Project Management MJWsh Cc: Patricia Leavenworth, District 4 Highway Director Peter Hechenbleikner; Town.Manager George Zarribouras, Town Engineer Shawn Holland, Project Manager Kevin Dabdrade and Mikel Meyers -TEC -6~ MaSsachu3etts Departmerit of Transportation, Htghviiay DiVisioh WVVW.masS.gbv/rriassdot TEN PARK PLAZA • BOSTON, MA 02 1 1 6-3969 PHONEi 43.973.7000 • FAx: 617.973.8031 • TDD: 617.973.7306 Page 1 of 5 E-l G t~ bS Schena, Paula From: Hechenbleikner, Peter Sent: Monday, June 27, 2011 12:34 PM To:' Feu.do, John; Schena, Paula Subject: Re: RMSL Looks good. Paula, please l/c to the bos Sent from my Whone Pete On Jun 27, 2011, at 11:00 AM, "Feudo, John" <jfeudo c-,ci.reading.ma.us> wrote: Hi Peter, Reading Men's Softball is offering to replace two benches at the lighted field at Birch Meadow. These would replace the 2 current cinderblock/Wood benches running concurrent with BM Drive. They would be the standard cast iron benches. They would go in the current locations as not to impact and other changes forthcoming in the master plan. Let me know if you have any comments. John John A. Feudo Recreation Administrator Town of Reading Office: 781 -942-907 5 Fax: 781-942-5441 jfeudo@ci.reading.ma.us Website: www.readingma.gov/recreation Please note new Town Hall Hours effective June 7, 2010:Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.rn.Tuesday: 7:30 a.m. - 7:00 p.m. Friday: CLOSED Please let us know how we are doing - fill out our brief customer service survey at http://readingma-survey.virtualtownhall.net/survey/sid/887434dd9e2130b7/ From: Neil McKinney [mailto:neilmckinney@verizon.net] Sent: Monday, June 27, 2011 10:10 AM To: Feudo, John Cc: Mike Cormio Subject: Re: Fwd: RE: RMSL Hi John, That is correct the first two would be replacing the two old ones that are closest to the lighted field. ' RMSL then would budget money to purchase at least one more in 2012 and two if possible depending on funds raised. 144 qG 4 X7'7 P7 n 1 1 Page 2 of 5 Thank you, Neil From: "Feudo, John" <jfeudo@ci.reading. ma.us> To: Neil McKinney <neilmckinney@verizon.net> Cc: Mike Cormio <michael.cormio@coresecure.com> Sent: Mon, June 27, 20119:56:33 AM Subject: RE: Fwd: RE: RMSL Hi Neil, I will pass this through the Town Managers office for approval. So we are looking to change benches- remove existing and place new Town Standard benches. John John A. Feudo Recreation Administrator Town of Reading Office: `781 •-942-9075 Fax: 781-942-5441 jfeudo@ci.reading. ma. us Website: www,.readingma.gov/recreation 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 Please let us know how we are doing - fill out our brief customer service survey at http://readi ngma-stirvey.virtuaitownhal1.net/survey/sid/887434dd9e213Ob7/ From: Neil McKinney [mailto:neilmckinney@verizon.net] Sent: Monday, June 27, 20119:42 AM To: Feudo, John Cc: Mike Cormio Subject: Re: Fwd: RE: RMSL Hi John, Just wanted to remind you that we would like to move forward with the purchase of two benches. We are thinking of starting by replacing the two that are closest to the fence at the lighted field and then purchase more to add along the row in the future. Please let us know what we need to do to move this forward. Thank you, Neil From: "Feudo, John" <jfeudo@ci.reading. ma.us> To: Neil McKinney <neilmckinney@verizon.net> Cc: Mike Cormio <michael.cormio@coresecure.com> Sent: Tue, June 14, 2011 8:06:32 AM Subject: RE: Fwd: RE: RMSL O~ Gam' 6/27/2011 145 Page 3 of 5 Benches can take 8 - 12 weeks for delivery. That is average. John John A. Feudo Recreation Administrator Town of Reading OfFice:781-942-9075 Fax: 781-942-5441 jfeudo@ci.reading.ma.us Website: www.readingma.gov/recreation 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 Please let us know how we are doing - fill out our brief customer service survey at http://readingnia-survey.virtLialtownhal1.net/survey/sid/887434dd9e2130b7/ From: Neil McKinney [mailto:neiimckinney@verizon.net] Sent: Monday, June 13, 20114:50 PM To: Feudo, John Cc: Mike Cormio Subject: Re: Fwd: RE: RMSL Hi John, Yes I am sure we could do that. The only other question I would have is would you know how long this would normally take, to get done? Thanks, Neil From: " Feudo, John " <jfeudo@ci.reading. ma.us> To: Neil McKinney < neilmckinney@verizon. net> Cc: Mike Cormio <michael.cormio@coresecure.com> Sent: Mon, June 13, 20113:47:55 PM Subject: f E: Fwd: RE: RMSL Hi Neil, Can you, I and Mike work on this together next week? I have Friends and Family day this weekend which won't allow me to give the time to this project as I would like to commit to it. J I can get a map for you. John John A. Feudo Recreation Administrator Town of Reading Office: 781=942-9075 Fax: 781-942-5441 jfeudo@ci.reading.ma.us Website: www.readingma.gov/recreation Please note new Town Hall Hours effective June 7, 2010:Monday, Wednesday and Thursday: 7:30 6/27/2011 146 l c,3 Page 4 of 5 a.m - 5:30 p.m.Tuesday: 7:30 a.m. - 7:00 p.m. Friday: CLOSED Please let us know how we are doing - fill out our brief customer service survey at litip://readingma-survey.vii-tualtownhati.net/survey/sid/887434dd9e2l 3Ob7/ From: Neil McKinney [mailto:neilmckinney@verizon.net] Sent: Monday, June 13, 20112:56 PM To: Feudo, John Cc: Mike Cormio Subject: Re: Fwd: RE: RMSL Hi Again, John, We have decided we would like to move forward with two of the higher quality benches and then will look to add more in the next year or two. We would like to have one of these put near left center field and maybe the other one behind left field knowing that we would add some more in the future. Will you need a drawing of where would like them? Thanks for all your help. Neil From: " Feudo, John <jfeudo@ci.reading. ma.us> To: Neil McKinney < neilmckinney@verizon. net>; Michael Cormio <michael.cormio@coresecure.com> Sent: Mon, June 13, 2011 12:01:14 PM Subject: RE: Fwd: RE: RMSL Hi Neil, The price is significant - about $1200 including the plaque vs $600 for the red ones. They are very high quality. John A. Feudo Recreation Administrator Town of Reading Office: 781-942-9075 Fax: 781-942-5441 jfeudo@ci.reading.ma.us Website: www.readingma.gov/recreation 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 Please let us know how we are doing - fill out our brief customer service survey at http://readingrna-survey.virtuaItownha11.net/survey/sid/887434dd9e2130b7/ From: Neil McKinney [mailto:neilmckinney@verizon.net] Sent: Monday, June 13, 2011 11:59 AM To: Michael Cormio Cc: Feudo, John Subject: Re: Fwd: RE: RMSL Hi Mike & John Can we find out how much these other benches cost? If they are a lot more maybe we can go with 2 and add more later. Thanks, 147 - 4c-1 6/27/2011 L / C Ccomcast. June 29, 2011 2011 JUL -5 AM 11= 57 Board of Selectmen Town of Reading 16 Lowell Street Reading, MA 01867 Dear Chairman and Members of the Board: I am writing to provide you with information regarding upcoming changes to our Standard Cable package in your community. As of August 4, 2011, the Standard Cable package will no longer be available and customers currently subscribing to this package will begin to receive the Digital Starter package. The monthly price for the Digital Starter package is the same as customers currently pay for the Standard Cable package and includes a digital set-top box and remote or CableCARD for their primary TV. In addition, customers will receive new channels including Style, C-SPAN3, Sprout, Hallmark Movie Channel, History International, Biography and Bloomberg TV. As Comcast's monthly Digital Additional Outlet Service Charge of $8.95 is applicable to Digital Starter customers with two or more digital set-top boxes or CableCARDs, Comcast is providing former Standard Cable customers having digital set-top boxes or CableCARDs on their account as of August 4, 2011 with this service at a reduced price of $1.95 per month ($1.50 per month for CableCARDs) through February 4, 2012. Should customers not want to keep their additional set-top box or CableCARD they have the ability to exchange the device for a digital adapter. Digital adapters provide access to Basic and Expanded Basic channels however they do not provide access to two-way services such as the on-screen program guide and On Demand. Customers with additional TVs have the following equipment options available to them: • They can receive up to two digital adapters per an account at no additional charge (including any digital adapters currently on the account). Additional digital adapters beyond the first two are available at $1.99 per month. • They can obtain additional digital set-top boxes at the monthly price of $8.95 each. Customers are being notified of this change by direct mail communication. Should residents contact you with questions, please do not hesitate to direct them to our toll free customer service number: 1-800- COMCAST. Our Customer Account Executives are available 24 hours a day, 7 days a week to answer any questions they may have regarding Comcast products, services and prices. If you have any questions about this or any other issue, please feel free to contact me directly at 978-927-5700, ext. 4409. Sincerely, it..Cryrncurt Jane M. Lyman Senior Manager of Government & Regulatory Affairs 149 9cl c aS" Ccoto `f 13. b, June 27, 2011 _ Peter A. Valberg, Ph.D. pvalber cr ~i•a.dientcorp.com =77 77=' Gradient Gradient's Year 2011 Report to the Town of Reading on Monitoring of RF Exposure Levels, Reading, MA 1 Introduction and Summary, The Town of Reading, Massachusetts has requested that Gradient periodically measure the radio frequency (RF) energy levels in the vicinity of the Telecommunications Equipment located on the Water Tower Site (corner of Auburn and Beacon Streets) in Reading, MA. Dr. Peter Valberg of Gradient has annually surveyed the RF levels on streets adjacent to and nearby the Water Tower Site (Auburn Street, Beacon Street, Chestnut Street, Locust Road and Parkview Road). RF measurements were previously made at these same locations on November' 13, 2000; April 2, 2001; July 9, 2001; December 20, 2001; December 31, 2002; December 29, 2003; December 23, 2004; December 26, 2005; December 14, 2006; March 4, 2008; May 26, 2009; and April 15, 2010. This report provides the results of RF measurements made on Tuesday; June 21, 2011. The Gradient survey on June 21, 2011, found that RF levels were low and were in substantial agreement with values measured in the earlier surveys. The June 2011 RF levels remain many-fold (about 1,000-fold) below national and international safety guidelines on allowable RF levels for general-public, continuous exposure. For completeness, Sections 2 through 5. and Section 8, provide updated background information similar to what was provided in earlier reports. Sections 6 and 7 provide the RF monitoring results for June 21, 2011. 2 Nature of Radiofrequeney (RF) Waves Electromagnetic waves, also called "radio waves" or "radiofrequency radiation," are generated by moving electric charges. A good analogy is.the wave pattern produced in a lake if you periodically poke a stick into the surface. You notice that as you do this, waves are created in the surface of the lake that propagate outward from the point of disturbance. The stick pushing up and down is analogous to the electric charges in an antenna moving up and down, and the waves produced are analogous to the electromagnetic waves propagating away from the antenna. The electric field.can be visualized as lines coming out from the charge radially like the spokes on a wheel (except that the electric field lines continue outward indefinitely). When you move electric charges, field lines follow, so that they are always coming out radially from charged particles. if you shake a charged particle fast enough the lines cannot instantaneously reorient toward the new position of the particle, and you get "kinks" in the electric field lines that move outward at the 1 Gradient • 20 University Road, Cambridge, MA 02138 • • (61 7) 395-5000 fax; (61 7)'13 '8-5001 • www aradientcorp.com Cj ` speed of light. That is, electromagnetic waves are essentially kinks in the electric field lines that occur at a frequency corresponding to the frequency at which you are shaking the charge. Magnetic fields are also produced because moving charges produce magnetic fields, so the total phenomenon is called "an electromagnetic wave." The radio-wave frequency is expressed in "Hertz" (Hz), a term which is equivalent to "cycles per second." For example, voice frequencies cover -the range from about 50 Hz to 15,000 H7,. Radio-wave frequencies cover the range from about 300,000 Hz (i.e., 0.3 megahertz, or 0.3 MI Iz) to 30,000,000,000 Hz (i.e., 30 gigahertz, or 30 GHz). Communications signals rely on a "carrier frequency, which is different for each communication signal, and the difference in frequencies enables many RF signals to be present without interfering with each other. For cellular telephone technology, the carrier frequencies are in the range 1 - 2 GHz. By itself, an RF carrier wave is an unchanging continuous electromagnetic wave, and it carries no information: Information is imposed on the carrier wave by a modulation process that alters it by changing its amplitude, frequency, or phase in step with the voice frequency being imposed (amplitude modulation, AM; or frequency modulation, FM). Alternatively, the voice signal can be coded into computer bits, and the carrier wave can be modulated by changing its amplitude or frequency in discrete steps (digital. modulation): Scientists have asked whether RF- biological interactions depend on the type information being transmitted, e.g., "voice," or "music," or "computer bits." The answer is no, the physical energy of the RF waves depends on the power of the carrier wave, and studies have provided no evidence that the biological impact (or non- impact) of RF depends on the information content carried by the radio waves. 3 Sources and Power Levels or Electromagnetic Signals in Our Environment The electromagnetic spectrum encompasses frequencies from the kilohertz range up through microwaves and on into infrared, light, ultraviolet, and X-rays. Visible light is the major source of electromagnetic energy in our environment. The human body, by virtue of being alive and warm, generates heat energy (electromagnetic energy in the infrared portion of the spectrum), which can be seen by an "infrared" camera, even in complete darkness. The RF portion of the. electromagnetic spectrum is at a lower frequency than even infrared (heat) radiation. In the RF range, some of the common sources of radio-wave energy include the following: Commercial radio (AM&FM) and commercial TV (VHF & UHF & digital) Marine and aviation radio services, marine and aviation radar, police radar Public emergency, fire, and police dispatch services Amateur (ham) radio operators Cellular telephones, pagers, Personal Communications Systems" (PCS) Cordless telephones, baby monitors, wireless toys, walkie-talkies Computer monitors, TV sets, CD players, computer games Microwave ovens (leakage) Microwave finks for computers, radio, television, and telephone Satellite television / communications,. global positioning system (GPS) Medical procedures such as diathermy, magnetic resonance imaging 2 • Gradient • 20 University Road, Cambridge, MA 02138 • (617) 395-5000 • fax: (617) ql;55j5001 • www gradientcorrp.com • The total amount of RF energy transmitted by these sources varies widely. Typical radio and television broadcast stations are licensed to operate at power outputs of 10,000 to 1,000,000 watts; cell telephone base antennas have power levels of 100 to 1,000 watts; a cell-phone handset produces less than 1 watt of RF energy. For any antenna, the energy emitted is dissipated in all directions, and the RF energy level decreases rapidly with distance. At the closest accessible point, all transmitters must comply with the RF safety standards established by the Federal Communications Commission (FCC). 4 National and International Sources for Safety Standards on RF Exposure Safety standards for RF exposure are based on the knowledge accumulated from many years of laboratory work and of human experience with RF waves (e.g., radio, television, navigation, telemetry, cell telephones, radar). Research findings on potential health effects of RF waves have been assembled and reviewed by numerous independent scientific consensus groups composed of research, engineering, medical, and public health scientists. These groups include: • American National Standards Institute (ANSI / IEEE, 2003, 2006), • Federal Communications Commission (FCC, 1999, 2007), a • International Agency for Research on Cancer (IARC, 2011), b International Commission on Non-lonizing Radiation Protection (ICNIRP, 1998, 2004, 2009), • Massachusetts Department of Public Health (MADPH, 1988), • National Council on Radiation Protection and Measurements (NCRP, 2002), a • National Radiation Protection Board, UK (NRPB, HPA, 2000, 2004), • Netherlands Health Council (NHC, 2002, 2003, 2007), and • World Health Organization (WHO, 1993, 2000, 2007). The reports of these groups, written by medical doctors, biologists, engineers, and toxicologists, ate voluminous, thorough, and even-handed. With minor differences, these blue- ribbon panels concur that the current guidelines for RF exposure protect the safety of the public and of residents living nearby transmitting antennas. Typical measurements of the intensity of RF waves are for energy per unit area, and the results are given in "microwatts per square centimeter" or µW/cmz. A microwatt is a millionth of a watt. FCC: littp://tr,,insition.fcc.gov/B ureaus/E;ngineeringTechnology/Documents/bulletins/oet56/oet56e4.pdf (p. 15). n IARC: In 2011, the International Agency for Research on Cancer(IARC) classified radiofrequency fields (RF) as Group 213 (possibly carcinogenic) on the IARC scale of carcinogenic risk to humans. littL)://www.iare.fr/eii/niedia-ceiiti-e/i)i-/201 I /pdfs/pr308 E.pdf ICNIRP: htip://www.iciiii-p.de/docLiiiieiits/Statei-neiitEMF.pdf littp://w-ww.icnirj).de/docui-nents/RFReview.pdf d NCRP: httM//\vw\v.ncri)publications.org/Reports/I 19 3 • Gradient • 20 University Road, Cambridge, MA 02138 • (61 7) 395-5000 • fax: (617) 395-5001 9 www gradientcorp com • The FCC_allowable RF exposure levels vary with the frequency of the radio waves, but the lowest (most restrictive) level, for the frequency range 30 - 300 MHz, is 200 microwatts per square centimeter (200 [LW/cm 2). For RF electromagnetic energy, the safety standard for public exposure varies with frequency, being 20,000 µW/cm2 in the AM radio-frequency band, 200 µWlem2 in the FM radio--frequency band, and 1,000 µW/em2 at cellular telephone frequencies of 1,900 MHz. For the digital "PCS" cell-telephone frequency band around 1,900 MHz, the allowable level is 1,000 µW/cm2, and at analog cell-telephone band around 850 MHz, the allowable level is 560 µW/cm2 (FCC, MADPH). Summertime sunlight at noon bathes us with about 150,000 µW/cm2. These energy comparisons are shown in. the following Table: Electromagnetic energy in Applicable FCC. standard for Typical RF levels measured sunlight at the earth's surface 1,900 MHz RF wave energy near base station antem-ias (noon. summer day) (public and residential areas) (at an public location) 150,000 µW/cm2 1,000 µW/cmZ below 1 µW/Cm'` 5 Nature of Scientific Evidence of Health Effects Understanding the potential toxicity in humans of any particular exposure is an integrative process that strives for coherence among several lines of evidence. At the most fundamental level, scientists believe that the operation of living organisms, although only partially understood, is bounded by the accepted principles of physics, chemistry, and biology. Thus, a first line of analysis is to ask whether specific levels of RF exposure, on a physical, chemical, and biological basis, have the ability to modify the operation of life processes. Second, experiments with isolated cells and laboratory animals are used to test the outcome of RF exposure under controlled conditions. However, the very complexity of living systems makes experimental results susceptible to artifacts; and outcome differences between the exposed and control systems may not be due to the exposure in question. Consequently, experiments on RF exposures need to be examined for validity from a number of viewpoints, e.g., physics of electric and magnetic fields, radio wave dosimetry, cell biology / molecular biology methodology, animal toxicology / physiology / pathology, and statistical analysis. Third, data from human studies (volunteers, clinical studies, epidemiology) are potentially of the greatest relevance, not requiring extrapolation from in vitro systems or from animal species. However, the uncontrolled nature of human lifestyle and experience makes control of bias, confounding, and exposure misclassification difficult, and complicates the interpretation of results. Epidemiology alone can seldom identify a causal association unless the results are strong, specific, and coherent. From the above types of investigations, a voluminous scientific and medical literature base exists of studies on possible health effects from RF waves. An adequate picture cannot be formed by considering only selected studies, or, even less, from anecdotal stories about RF "effects." The scientific credibility and interpretation of each study must be weighed by scientists having the qualifications and training to interpret the strengths and weaknesses of what was actually done. 4 • Gradient • 20 University Road, Cambridge, MA 02138 • • (61 7) 395-5000 • fax; (617) 1$15001 • www aradientcorp.com And, this sort of thorough review is what has formed the basis of the conclusions of the blue- ribbon panels of scientific experts. 6 RF Survey Results for Streets Near the Water-Tower Antenna Site The RF survey measured total broadband power density, in microwatts per square centimeter (µW/cm2). The RF measurements were made around lunchtime on Tuesday, June 21, 2011, when significant usage of cellular telephones was anticipated, i.e., between 11:00 AM and 1:00 PM. The temperature was approximately 79°F, and the weather was sunny, with low winds. . Monitoring locations included those streets that were closest to the water tower antennas, namely, Auburn Street, Beacon Street, Chestnut Street, Locust Street, and Parkview Road. Because cell telephone frequencies cover the range from about 800 to 2,000 MHz, broadband measurements were made with a calibrated digital-meter / probe combination. Gradient used the Narda Model 8718B survey meter, in combination with Narda Electric Field Probe 9760D (Frequency Range: 0.30 MHz to 3,000 MHz). The output of the probe is in microwatts per square centimeter (µMcm2). The accuracy and calibration of the digital- meter/probe combination are checked periodically by the manufacturer to assure that both parameters are within.± 5%. The response of the probe is adjusted to be "flat" over its frequency range, and the lower limit of the probe's sensitivity is about ± 0.02 µW/em2. The instrument was re-calibrated by the manufacturer in December of 2010 to assure that the readings were reliable and accurate. Measurements were made at a height of about 6 feet above the ground level, and the power density was continuously recorded as the probe was walked down the entire length of the individual streets. Both the spatial average and the peak level were noted [in µW/cm']. The results are summarized below, and are on the low end of RF levels typical for urban areas. The Rl' levels measured were also many-fold below the applicable RF safety standard for public exposure (which is 1,000 µW/cmz at the 1,900 MHz cellular PCS frequency). I Maximum RF Level, Average RF Level, Street µW per square ern ttW per square em Auburn Street ' 0.150 0.084 l3eacon Street 0.113 0.086 Chestnut Street 0.130 0.065 Locust Street 0.156 0.100 Parkview Road 0.163 0.133 Overall Average 10.142 0,094 Date of measurements: Tuesday, June 21, 2011, from 11:00 AM to 1:00 PM 5 1/ • Gradient • 20 University Road, Cambridge, MA 02138 • • (61 7) 395-5000 • fax: (617) 3?-,5001 • www.gradientcorp.com • 5 7 Summary Overall, the June 21, 2011 results, similar to results from previous years, showed.that the surveyed locations had RF levels well below 1 RW/em'. That is, the levels did not exceed one-tenth of 1% of the FCC permissible exposure level (1,000 µW/cm2) for radio-waves at cell telephone frequencies. Therefore, no health hazard can be anticipated from the RF levels in the vicinity of the water tower, and, in fact, a substantial safety margin (i. e., a 1,000-fold factor) exists between monitored RF levels and permissible RF levels. New research continues to add to the vast quantity of RF literature available, and the conclusions of.this research are being monitored by public health agencies worldwide. In any area of research where new studies are being done at the limit of scientists' ability to detect effects, some portion of the studies may yield findings suggestive of a biological effect, even in the absence of a real biological effect. Confirmatory studies are necessary to determine whether the result are valid or are due to random variation, artifact, or confounding. Scientific validity requires reproducibility, integration with results from other laboratories, and examination from a number of viewpoints, e.g., physics, dosimetry, cell biology, toxicology, pathology, and statistical analysis. Publication of a report is generally the beginning, not the end, of the scientific review process. At the present time, careful reviews of the scientific data do not support claims of health effects from RF exposure at levels below the safety standards. No valid basis has been established for questioning the safety of the current health-protective RF exposure limits. For example, the American Cancer Society (ACS, 2010) gives the following statement on its website regarding "Cellular Phone Towers and Cancer." "Some people have expressed concern that living, working, or~ going to school near a cell phone tower might increase the risk of'cancer or other health problems. At this time, there is very little evidence to support this idea. In theory, there are some important points that would argue against cellular phone towers being able to cause cancer. First, the energy level of radiofi-eyuency (RF) waves is relatively low, especially when comparLd with the types of radiation that are known to increase cancer risk, such as gamma rays, x-rays, and ultraviolet (UV) light. The energy of RF waves given off by cell phone towers is 'not enough to break chemical bonds in DNA molecules, which is how these stronger°forms of'radiation may lead to cancer. A second issue has to do with wavelength. RF waves have long wavelengths, which can only be concentrated to about on inch or two in size. This makes it unlikely that the energy.fr°om RF' waves could be concentrated enough to affect individual cells in the body. 6 Gradient • 20 University Road, Cambridge, MA 02138 (617) 395-5000 • fax: (617)1356-5001 • www aradientcorp.com Third, even if RF waves were somehow able to affect cells in the body at higher doses,. the level of RF i-vaves present at ground level is very low Well below the recommended limits. Lei;els of energy from RF waves near cell phone towers are not significantly differ^ent than the background levels of RF radiation in urban areas, from other sources, such as radio and television broadcast stations. For these reasons, most scientists agree that cell phone antennas or toviers are unlikely to cause cancer." (ACS, 2010) Sincerely yours, GRADIENT 1. J1 ~ Peter A. Valberg, Ph.D., Principal 8 . Literature Citations American Cancer Society (ACS). 2010. "Cellular Phone Towers and Cancer Risks" litt ://www.cancer,or,,/Cancel•/CancerCauses/OtherCarcino g ens/AtHome/cellular- hone-towers (Accessed June 27, 2011) American. National Standards Institute / Institute of Electrical and Electronic Engineers (ANSI J IEEE). 1992. ANSI/IEEE Standard-C95.1: Safety levels with respect to human exposure to radio frequency electromagnetic fields, 3 kHz to 300 Gl-1z. April 27, 1992, IEEE, Piscataway, NJ. European Commission. 2009; 2005. European Information System on Electromagnetic Fields Exposure and Health Impacts. EU Joint Research Centre, I-21020 Ispra (VA); Italy TP 460. htt ://ec.euro a.eu/health/o ini.ons2/en/clectroma rnetic-fields/1-2/index.htm http //ec eulopa eu/liealth/ph projects/2002/pollution/fp pollution 2002 fi•ep 0I.Pdf Health Canada. 1999 and 2004 and 2009. A review of the potential health risks of radiofrequency fields from wireless communication devices: An expert panel of report. l Phones andl Cell Society Ph one Canada, Ottawa, Ontario. RSC.EPR 99-1, 149 pp. Safety o Towers" http://www.hc-sc.~4c.ca/iyb-vsv/prod/cell e.html International Agency for Research on Cancer (IARC). 2011. "Carcinogenicity of Radiofrequency Fields." Lancet Oncology, Vo1.12, July 2011, pp. 624-626. (Baan et al., IARC) Published Online: 22 June 2011 www thelancet con-/oncology doi:10.1016/S1470-2045(11)70147-4. 7 • Gradient • 2b University Road, Cambridge, MA 02138 (617) 395-5000 • fax: (617) J%t6001 • www,aradientcorp.com International Commission for Non-Ionizing Radiation Protection (ICNIRP). 1998 and 2004. Guidelines for limiting exposure to time-varying electric, magnetic and electromagnetic fields (up to 300 GHz), Health Physics, 74 (4): 494-522. See: http://www,icniEp.de/pUbEMF htm Massachusetts Department of Public Health (MADPH). 1988. Regulations for fixed facilities which generate electromagnetic fields in the frequency range of 300 kHz to 100 GHz and microwave ovens. 105 CMR 122.000 (Code of Massachusetts Regulations). National Council on Radiation Protection and Measurements. (NCRP). 1986. Biological effects and exposure criteria i'or radio frequency electromagnetic fields. Report 86, (Bethesda, MD: National Council on Radiation Protection and Measurements) pp.1-382. National Radiation Protection Board (NRPB) [Recently renamed the "Health Protection Agency" (HPA) 1. 1993 and 2003. Health Effects from Radiofi-equency Electromagnetic Fields: Report of an independent Advisory Group on Non-ionising Radiation. Documents of the NRPB, Vol. 14, No. 2, National Radiological Protection Board, Chilton. Didcot, Oxfordshire, t1K. htt ://Nv\vw.h a.or .uk/Publications/Radiation/NPRBArehive/Documents0i'l'heNRPB/Absd1402/ National Radiation Protection Board (NRPB). 2004. Mobile Phones and Health. Documents of the NRPB, Volume 15, No. 5. NRPB, Chilton, Didcot, Oxfordshire, UK http://hvww hipa org uk/Topics/Radiation/UnderstandingRadiation/UnderstandingRadiationTopics/ Electromap.ncticFields/MobilePhones/info BaseStations/ Netherlands Health Council. 2003. Radiofrequency electromagnetic fields .(300 Hz - 300 GHz), summary of an advisory report. Health Physics 75:51-55. http://N.vww.gezondlicidsraad.nl/eii/publications/clectromag netic-fields-annual-update-2008 Valberg PA. Van Deventer TE, Repacholi M. 2007. Base stations and wireless networks: Radiofrequency exposures and health consequences. Environmental Health Perspectives. 115: 416-424. Available at: bttp•//www ehponline orb;/members/2006/9633/9633.pdf World Health Organization (WHO). 1993. Environmental Health Criteria 137• Electromagnetic Fields (300 Hz to 300 GHz). Geneva, Switzerland: WHO, 1993, pp. 1-290. World Health Organization (WHO). 2006. Electromagnetic Fields and Public Health, Fact Sheet No. 304. Geneva, Switzerland: WHO, Available at: htt ://Nvww.who.int/mediacentre/factsheets/fs304/ci-/index.litmJ and http://Nvww.wlio.int/peh-emf*/research/database/ei-i/index.htm] Gradient • 20 University Road, Cambridge, MA 02138 ` • (61 7) 395-5000 • fax: (617) 319575001 9 www gradientcorp ccm Submitted t0: June/July, 2011 yt . . .....f. ~L Conducted by 158 c~Fl 23 Arrowhead Circle • Rowley, MA 01969 Office: (978) 948=5100 Fax: (978) 948-5150 Email: cros6705gaol.com www.detectwaterleaks.com July 6, 2011 Town of Reading Department of Public Works Water & Sewer Division 75 New Crossing St. Reading, MA 01867 ATTN: Mr_ James Richardson, Water & Sewer Superintendent Dear I& Richardson, Starting on the date of June 6, 2011, through July 1, 2011, our company conducted and completed a water leak detection survey on the entire water distribution system - approximately 110 miles - for the Town of Reading; MA. A total of 6 leaks were detected throughout the water system (2 main leaks and 4 service leaks). These leaks are listed on the leak page follow MR in this report.. We estimate the daily water leakage from the 6 leaks detected, to be approximately 55,000 gallons per day. Conducting the survey every year proves to be beneficial to the Town of Reading in reducing and maintaining the unaccounted for water leakage below the 5% level, as well. as many other benefits pointed out in the following report. We look forward to working with you and your staff on the next survey if awarded the project. If you have any questions or need our services in the near future, please feel free to call at your convenience. Sincere , Car M Sopper, President 150 , SUNIlV1ARY: Water & Waste Pipe Testing, Inc., of Rowley, MA., conducted and completed a water leakage survey on approximately 110 miles of the water distribution system for the Town of Reading, MA.. The entire survey was conducted during the working hours of 7:00 am to 3:00 pm on weekdays. The more heavily traveled roads, such as Main St. (Rte. 28), Lowell St., Salem St., and the downtown area, were surveyed on early Sunday morning, June 19, 2011, between 5:00 am and 10:00 am. The survey was conducted during the working daylight hours so that assistance from Mr. James Richardson, Water & Sewer Superintendent, was available when needed. All leaks detected were reported to Mr. Richardson at the end of each day of the survey. To date, 3 of the 6 leaks detected have been repaired by the Water Department. The 3 unrepaired leaks are scheduled, to be repaired as soon as the Water Department workload permits. -2- 160 9F'3 TOWN OF READING, MA LIST OF LEADS DETECTED JUNE/JULY, 2011 6/8/11 6/22/11 48 Colonial Drive. Main leak 20 ; 6/20/11 48 Woodland Rd. 6" bell joint leak 5 6/27/11 6/28/11 28 Harthorn Rd 7/1/11 62 Pine Ridge Rd. Service leak - 3 6/29/11 homeowner's side Service leak 4 Not 7/1/11 123 Gleason Rd. Service leak 4 7/1/11 20 Green St. Service leak 2 -3- 161 repaired . Not repaired Not repaired 6jFq r , r 1 ' r r t r o TOWN OF READING, MA WATER LEAK DETECTION SURVEY SURVEY DATA CHART JUNE/JULY, 2011 162 CONCLUSIONS AND RECOMMENDATIONS: Based on the results of this leak detection survey, the unaccounted for water leakage found can be attributed to the detectable and repairable water leaks in the system. It does not include water used for firefighting, flushing programs, street cleaning, etc. The amount of water from the leaks detected during the survey can be defined as the difference between the amount of water produced and the amount of water sold, which is registered on the customer's meters. The actual consumption records over the next 12 months following the completion of the survey will more accurately indicate the volume of water which had been leaking throughout the system prior to the leak detection survey. The following are some additional benefits of having a water leakage survey conducted: -Reduced electricity costs -Reduced the cost of chemical treatment -Reduced property damage from water breaks surfacing -Reduced risk of contamination -Decrease in water rates for customers since it is they who pay for leakage May we suggest that the following recommendations be taken into consideration: l'- Continue an ongoing water leakage survey every year. 2 - Repair the leaks that have not been repaired on the list included in this report as soon as possible. We strongly believe that a continuous water leakage survey conducted every. year would continue in the present reduction of water loss in the system, thus increasing revenue in the Water Department's budget. -5- 46 163 EMEMOMEMMM ACKNOWLEDGMENTS: We would like to mention 'our appreciation to Mr. Jeffrey Zager, Director of Public Works, Mr. James Richardson, Water & Sewer Superintendent, and their staff, for their full. cooperation in helping us make the survey successful. We hope we can be of some service to the Water & Sewer Department on any future leakage surveys. -6- iqE~ 164 ~ ( &V F w COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF TELECOMMUNICATIONS AND CABLE < 4, °`+M sJ"JC.T.V./D.T.C.06-1 2011 JUL 13 nN 10: 37 July 6, 2011 Petition by Verizon New England Inc. to commence a rulemaking pursuant to 207 C.M.R. § 2.01(1) to amend 207 C.M.R. § 3.00 et seq.: Licensing. ORDER CLOSING DOCKET I. INTRODUCTION AND PROCEDURAL HISTORY On March 16, 2006, Verizon New England Inc., d/b/a Verizon Massachusetts ("Verizon"), filed, pursuant to G. L. c. 30A, § 4, c. 166A, § 16, and 207 C.M.R. § 2.01(1), a petition with the Department of Telecommunications and Energy ("Department" ),I through the Cable Television Division ("Cable Division"), to request that the Cable Division adopt a regulation governing the licensing process for a cable system in a city or town where the issuing authority has previously granted at least one cable license, and the applicant seeks to offer cable television service in competition with the incumbent provider. Petition, at 1, Petition by Verizon New England Inc. to commence a rulemaking pursuant to 207 C.M.R.. § 2.01(1) to amend 207 C.M.R. § 3.00 et sue.: Licensing, C.T.V./D.T.C. 06-1 (Mar. 16, 2006) ("Petition"). Verizon The Department of Telecommunications and Energy was dissolved on April 11, 2007. See Chapter 19 of the Acts of 2007. Jurisdiction over telecommunications and cable matters was placed in the newly- established Department of Telecommunications and Cable. See id. For administrative ease, "Department" as used herein refers to both Departments. 1 ` 165 J 0~ further requested that the Cable Division amend the regulation at 207 C.M.R. § 3.09, governing appeals, in keeping with Verizon's proposed regulation on competitive licenses. Id. On May 5, 2006, the Cable Division, pursuant to G. L. c. 166A, § 16, and 207 C.M.R. § 2,01(1), initiated a rulemaking proceeding to solicit comments from interested persons on whether to adopt the proposed regulations or otherwise amend the current regulations? Petition by Verizon New England Inc. to commence a rulemaking pursuant to 207 C.M.R. § 2.01(1) to amend 207 C.M.R. § 3.00 et sue.: Licensing, C.T.V./D.T.C. 06-1, Order Instituting Rulemaking at 5-6 (May 5, 2006) ("Initiating Order"). On August 16, 2006, the Cable Divison held a public hearing at its offices to provide further opportunity to comment on the proposed regulations. See Petition by Yerizon New England Inc. to commence a rulemaking pursuant to 207 C.M.R. 2.01(1) to amend 207 C.M.R. § 3.00 et sue.: Licensing, C.T.V./D.T.C. 06-1, Notice of Public Hearing and Request for Comment by the Dep't of Telecomm[s]. and. Energy - Cable Television Div. on Proposed Amendments to Rules and Regulations Governing the Cable Television Licensing Process, at 2 (May 5, 2006). On December 14, 2006, Verizon filed a letter with the Department to call to its attention the Federal Communications Commission's ("FCC's") upcoming open meeting during which it was scheduled to address a comprehensive video franchising reform order. See Letter. from Alexander W. Moore, Associate General Counsel, Verizon, to Alicia Matthews, Hearing Officer, Cable Div., Dep't of Telecomms. and Energy, C.T.V./D.T.C. 06-1 (Dec. 14, 2006). Verizon recommended that the Department await action by the FCC before proposing new rules in the proceeding. Id. On December 20, 2006, the FCC issued an order in MB Docket No..05-311 2 In addition to Verizon's proposed substantive changes to 207 C.M.R. § 3.00 et seq., the Cable Division, on its own motion, included in the ralemaking proceeding a proposal to make a technical correction throughout 207 C.M.R., which had not been amended to reflect the changes in G. L. c. 166A. Initiating Order at 6. Specifically, the Cable Division proposed to change "Community Antenna Television Commission" to "Community Antenna Television Division" in the title, and the reference "Commission" to "Division" in each instance it appears in the section. Id. 2 166 addressing video franchise reform. See In re Implementation of Section 621(a)(1) of the Cable Communications Policy Act of 1984 as amended by the Cable Television Consumer Protection and Competition Act of 1992, MB Docket No. 05-311, Report and Order and Further Notice of Proposed Rulemaking, FCC 06-180 (rel. Mar. 5, 2007) ("FCC Order"). On July 2, 2010, Verizon filed a letter with the Department to withdraw its Petition as a result of the FCC's order addressing video franchising reform. See Letter from John L. Conroy, Vice President-Regulatory, Verizon, to Catrice Williams, Secretary, Dep't of Telecomms. and Cable, C.T.V./D.T.C. 06-1 (July 2, 2010). II. DISCUSSION The FCC's order addresses Verizon's proposed regulations by establishing reasonable time limits for local franchising authorities to render decisions on competitive applicants' franchise applications. See FCC Order at 167. Where Verizon requests that the Department adopt a three-month time limit on the competitive licensing process in Massachusetts, the FCC's order establishes a maximum time frame of 90 days for entities with existing authority to access public rights-of-way, and six months for entities that do not have authority to access public rights-of-way. See Petition at 5-7; FCC Order at' 67. The Department finds, in light of the FCC's order and Verizon's withdrawal of its Petition, that any further action in the instant proceeding is unnecessary. Accordingly, the Department determines to close the docket. III. ORDER Consistent with the above, it is hereby ORDERED that docket C.T.V./D.T.C. 06-1 is CLOSED. 3 &2 167 By Order of the Department, Geoffr G. Why, - wl- Commissioner . RIGHT TO APPEAL Appeals of any final decision, order or ruling of the Department of and Cable may be brought pursuant to applicable state and federal laws. 4 q&q 168 z,Ic &s TO: PRESS RELEASE From: Peter 1. Hechenbleikner, Town Manager Date: Thursday, July 14, 2011 Re: Reading Public Library Building Construction Grant Application The Town of Reading learned today that the Reading Public Library project was ranked second on the wait list of projects'to be funded. 8 Library projects out of 28 libraries that completed the grant round process statewide were funded. If any of the funded projects is not able to come up with the. local share of the funding for the project within six months, then projects on the wait list could be funded. "Wait-listed libraries will receive their grants as funds become available through the state's five-year capital plan." Reading's Library construction grant application was for full renovation and reconfiguration of the existing historical library building, and construction of a 7,596 square foot addition to the building. The application was submitted in January 2011, following six months of extensive review of program needs, development of design alternatives, and selection of a proposed design. The process included extensive community outreach and discussion. Reading Library Director Ruth Urell indicated that "Everyone associated with the Reading Public Library appreciates the beautiful Highland School building, built in 1894, but we also deal daily with its shortcomings as a library facility. The project would increase space for children's programs and learning areas; create a new/expanded space for teens; create new spaces for reading, tutoring, silent study, and group study; expand the capacity of a large meeting room and add two small meeting/conference rooms; and remedy outgrown and out-of-date service and infrastructure issues and extensively renovate the existing building to provide full access, updated lighting, traffic flow, security, HVAC, and wiring and to build in more flexible spaces for future growth, changes in services, and increasing usage." "We are very disappointed in not having our project selected for funding at this time. The Reading Public Library is housed in a historic building that is in desperate need of renovation. Additionally, by every measure the per capita level of use of the Reading Public Library surpasses the activity of most Massachusetts libraries," according to Town Manager Peter Hechenbleikner. The community's next steps need to be discussed by the Board of Library Trustees and the Board of Selectmen. Options are: ® Wait the six months and see if any of the approved projects is not able to secure their local share of the funding, in which case projects on the wait list would be funded d Consider a scaled back project with local funding from Reading taxpayers, through a debt exclusion Proposition 2'/Z override; 169 hI D- . 4 ® Request that the legislature fund an additional round of library construction capital projects Ruth Urell said: "While we certainly hoped that our proposal would receive state funding in the current grant round, we are encouraged to be poised with a top-ranked project for future funding. Now we know what work we have to do to press our state delegation to release capital funding to work with hard-pressed communities to build, repair, and improve aging and inadequate public library facilities. I'm confident that this approved project will be funded within the next year or two, and the result will be a greatly enhanced library, for people in Reading to enjoy for generations." For further information contact: Peter I. Hechenbleikner Ruth Urell, 16 Lowell Street Director Reading MA 01867 Reading Public Library 781-942-9043 781-942-6725 townmanager@ci.reading.ma.us urell@noblenet.org J (9 h71- 170 2 L fe, QoS Friday, July 15, 2011 2011 JUL 19 AM 9: 42 Ms Ruth Urell 64 Middlesex Ave Reading MA 01867 Subject: Tarot Cards for Teens "Interested in knowing about your future?" A public library is supported by the public for the public good. I question whether advocating divination as a methodology for life planning is in the public interest. I am deeply disappointed that this is being offered to our teens this summer. I strongly urge you to replace this offering with something not related to the occult. Thank you. Respectfully; Joyce Gould 17 John St Reading MA 01867 cc: Friends of the Library Reading Public Library Foundation Inc. Reading Board of Selectmen 171 1i I U{ L fC I State Transportation Building Ten Park Plaza, Suite 2150 Boston,*MA 02116-3968 Tel. (617) 973-7100 Fax (617) 973-BB55 TTY (617) 973-7089 www.bosionmpo.org Jeffrey B. Mallon MassDOT Secretary and (EO and MPO Chairman Karl H. Quackenbush Acting Director, MPO Staff The Boston Region MPO, the federally designated entity responsible for transportation decision- making for the 101 cities and towns in the MPO region, is composed of: MassDOT Office of Planning and Programming City of Boston Gty of Newton Gly of Somerville Town of Bedford Town of Braintree Town of Framingham Town of Hopkinton Metropolitan Area Planning Council Massachusetts Boy Transportation Authority Advisory Board Mossochusetis Bay Transportation Authority . MassDOT Highway Division Massachusetts Port Authority Regional Transportation Advisory Council (nonvoting) Federal Highway Administration (nonvoting) Federal Transit Administration (nonvoting) BOSTON REGION METROPOLITAN PLANNING ORGANIZATION 2011 JUL 19 P14 f: 21 July 15, 2011 Dear Chief Elected Official: The Boston Region Metropolitan Planning Organization (MPO) is circulating an important document for public review and comment: the draft federal fiscal year 2012 Unified Planning Work Program (UPWP). You are invited to review this draft and submit comments. The UPWP contains information about transportation planning projects to be conducted in the region during the upcoming federal fiscal year, which will begin on October 1, 2011. The public comment period began on Monday, July 11, 2011, and is scheduled to end at 5:00 PM on Tuesday, August 9, 2011. Written comments must be received by the MPO before the end of this period. Comments on this draft will be considered by the MPO at a meeting currently scheduled for August 18, 2011. The MPO is sending notification of the public comment period to a broad list of interested parties, including: TIP contacts, municipal plalming directors and highway directors, MAPC Subregion'representatives, legislators, environmental justice, contacts, and reference librarians. Copies may be downloaded from the MPO website at www.bostomnpo.org/upwp. CD copies of these documents are available for review ini public libraries. CD and print copies and accessible-format versions will be provided on request. Public comments and requests for documents should be submitted to the U.S. mail or e- mail address or the fax number on this letterhead. An open house will be held on Wednesday, August 3, 2011, to provide additional opportunities for public input. Please see the enclosed flyer or the MPO website for details of this event. If you have questions on the draft UPWP, please contact Mary Ellen Sullivan at 617-973- 7119 or mesullivan@ctps.org. I hope you will take this opportunity to review this important draft document and help us shape the future of transportation in the Boston Region MPO area. Sincerely, C C% David J. o1 ter, Chair Transporta io Planning d Prograrmning Committee DJM/pdw 00-1 172 .r : ~ a~F171 ~r~t:~ ,sty ~E its, Ra - w -61 Lazy II ,JUL 2I A~ la 43 K 4,411-1,pn 14vcle4~c, JAI -/7o> Z ~ Z 4) 4/ e 102. Mo-a-w 1 7 go 7;/ A-q Cltf l 174 - - - - - 00 ; cell ~vZ 175 Llc SCJ5 7-24-2011 Dear Chief Cormier I grew up in Reading class of 77. I moved out of state for a few years and came back to Reading when I got married and bought my first house in 1992 I was pulled over tonight And was given a ticket. But you may thing this is a letter of complaint. It is not. I was in the wrong and am not asking for a favor or anything remotely like that. I am writing to tell you about the officer who pulled me over. I have a teen girl who just got her license about a year ago. And I want the streets safe at night as well as the day for her. So if this is not a letter of complaint after I got a ticket what is it? Well it is a letter of praise. Your officer asked politely for my license and registration. When I asked him why he pulled me over he gave me a detailed answer, again politely. I have been pulled over in year's past and made to feel as if I was a criminal. I am not. I am a father who was rushing home to feed my 15 year old son. So I appreciated the fact this young officer did not make me feel like a low life criminal. He was both professional and again very polite. I will pay my ticket and be more careful. He gave me my license back and said "Drive safe and have a good night sir" You should be proud to have this officer in your employ. His name was Ian Nelson # 67 I am pretty sure. a letter of support and recognition for his work. Please put this in his personnel file as And remember this is NOT A LETTER OF COMPLAINT. He did his job with much respect for a taxpaying citizen of Reading. Sincerely me PS IF you have any Q please do not hesitate to call me at 63 L, 176 From: Hechenbleikner, Peter Sent: Monday, July 25, 2011 11:02 AM To: Schena, Paula Subject: FW: Chapter 70 Reduction for Wood End Attachments: DESE - Wood End.pdf; Wood End 10-11.pdf Town Manager's report Peter I. Hechenbleikner Town Manager Town of Reading 16 Lowell Street Reading MA 01867 Please note new I-own Hall Hours effective June 7, 2010 Monday, Wednesday and Thursday. 7:30 a.m - 5:30 p.m. Tuesday: 730 a m. - 7:00 p.m. Friday. CLOSED phone. 781 9112-9043 fax %81-942-9071 web wNw r+;ad ngma.gov ern,-il townrrnanager@6 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/1 dc7dcf24f2eb182/ From: Doherty, John [mailto:jdoherty@reading.kl2.ma.us] Sent: Friday, July 22, 2011 12:10 PM To: Hechenbleikner, Peter Subject: Chapter 70 Reduction for Wood End Good Afternoon, Peter: I hope that you are enjoying your vacation. I don't know if 1 told you this, but in late June, it came to our attention that the Wood End Elementary School was in session for only 179 school days, instead of the 180 school days as required by state law. As you may remember, Wood End completed the school year on June 23, one day later than the rest of the school district, because of the two days of school that were cancelled earlier in the year due to excessive snow on the roof. The original logic was that we went 181 clays as a school district and Wood End would only need to attend school for one additional day. However, when I calculated the end date for Wood End and the rest of the school district, I mistakenly based it on 180 days, instead of the 181 that we normally attend. Even though Wood End went an additional school day, I subtracted a school day from the rest of the school district, which means that Wood End still owed a day of school. When I found out about the error, I immediately notified the DESE via phone and requested a waiver by letter, which I have attached to this email. Today, I was notified by the Commissioner's Office that they have denied my request for the waiver. I have also attached that letter for your review. In addition, there is a clause in the statute that says if a school does not go the required 180. school days, a calculated amount of funding is withheld from the Chapter 70 formula. Because of the error, the Town of Reading will receive $4,115 less in Chapter 70 aid for FY12. This amount is based upon the allocation of t 177 7 P7ri)nt 1 Page 2 of 2 Chapter 70 funding i'or one day for Wood End. 1 am not sure how this impacts the FYI2 budget. I will call you on Monday to discuss what needs to happen. I wanted to give you a heads up because the letter from the Commissioner is also being sent to the Chair of the Board of Selectmen. I apologize for this miscue and I take full responsibility for this error. If you have any questions, please do not hesitate to contact me. 'hake care. John F. Doherty, Ed.D. Superintendent of Schools Reading Public Schools 82 Oakland Road Reading, Massachusetts 01867 781-670-2849. jdoherty@reading.1<12.ma.us ' Tease don't print this e-mail unless you really need to "Strength does not come from winning. Your struggles develop your strength. When you go through hardship and decide not to surrender, that is strength." When writing or responding, please remember that the Secretary of State's Office has determined that email is a public record. This communication may contain privileged or other confidential information. If you are not the intended recipient. or believe that you have received this communication in error, please do not print, copy, retransmit, disseminate, or othervdise (Ise the infornntion. Also, please indicate to the sender that you have received this email in error, and delete the copy you received.. ~ ~v 178 7/26/2011 Mitchell D. Chester, Ed.D. Commissioner July 20, 2011 John F. Doherty, Ed-D. Superintendent of Schools Reading Public Schools 82 Oakland Road Reading, MA 01867 Dear Superintendent Doherty: This is in response to your letter of June 27, 2011, in which you stated that due to a miscalculation in making up school days lost due to snow emergencies, one school in Reading, the Wood End Elementary School, operated for only 179 school days in the 2010-2011 school year. The Student Learning Time regulations, 603 CMR 27.03(3), require every school committee to operate the schools within its district at least 180 school days in a school year. http•//www doe mass edu/lawsreas/603cmr27,html?sect nn=all. You noted that despite the district's failure to provide the required minimum 180 school days at the Wood End Elementary School, the students diet receive 930 hours of structured learning time over the 179 school days, which exceeds the 900-hour minimum for'elementary'schools required in section 27.04(1) of the regulations. You asked for guidance from the Department as to next steps you should take, and requested a waiver of the 180-day regulation if the district is eligible for a waiver under these circumstances. I appreciate your forthrightness in bringing this matter to my attention and your willingness to take full responsibility for this oversight. I must, however, decline your request to grant a waiver of the 180-day school year for the students at the Wood End Elementary School. I take the 180- day minimum requirement very seriously because student learning time is a precious resource. Our policy on this issue was most recently restated in my February 2011 memo to school superintendents on Student Learning Time: Guidance on the 180-Day Requirement, http://www.doc.m ass edu/news/news.aspx?id=5984: If a school is closed for health/weather/safety emergencies between the first day of the school year and March 31, I expect the school district to make up all days lost by adding the appropriate number of full days to ensure a 180-day school year. Had you requested a waiver in the wintertime when these events occurred, I would not have granted it. The school year has ended and you have acknowledged the oversight, but these facts do not compel me to change my view and grant the waiver now. 179 In terms of next steps, Mass. General Laws Chapter 71, Section 4A, provides for withholding of state aid when a school district fails to keep schools open for the required number of days. The statute reads as follows: Every town which, without having received a specific exemption from the board of education, fails to keep open all schools required to be maintained under sections one and four or fails to provide school facilities under section six for grade nine through twelve, the number of days required by said.board in each school year shall have deducted from the sum of school aid payable to it under chapter seventy an amount equal to the proportion which the number of such days during which schools were not kept open bears to the total number of days required that they be kept open by said board. The state school aid for Reading attributable to the Wood End Elementary School is $4115 per day. Since the fourth quarter payments of state aid for FY2011 have already been processed, I anticipate deducting $4115 from Reading's first quarter FY2012 payment, to account for the one required day that Reading failed to provide school for students at the Wood End Elementary School. You stated in your letter: "Next year, all schools in the Reading Public Schools are scheduled to attend 181 school days." I take this to mean that in the 2011-2012 school year, all students in the Reading Public Schools, including students in the Wood End Elementary School, are scheduled to attend school for 181 school days. By taking this action; you and the school committee recognize that the 180-day requirement is indeed merely a minimum. I appreciate your commitment to the students of Reading and wish you a pleasant summer and a successful school year ahead. Sincer Mitchell D. Chester, Ed.D. Commissioner C: Jeff Wulfson, Deputy Commissioner Chair, Board of Selectmen, Town of Reading 0y6A ~ 180 READING PUBLIC SCHOOLS Preparing Reading's Youth to Be Respectful and Productive Citizens of a Global Society John F. Doherty, Ed.D. 82 Oakland Road Mary C. DeLai Superintendent Reading, Massachusetts 01867 Director of Finance & Operations Telephone 781-9414-5800 Patricia de Garavilla Fax 781-9412-9149 Elizabeth Conway Assistant Superintendent Human Resources Administrator June 27, 2011 Mitchell D. Chester, Ed.D. Commissioner of Elementary and Secondary Education Massachusetts Department of Education 75 Pleasant Street Malden, MA 02148-4906 Dear Commissioner Chester, The Reading Public School Department discovered late last week that-one of our elementary schools, the Wood End Elementary School, did not fulfill the 180 day minimum school year requirement as set forth in 603 CMR 27.03 (3). This oversight was due to a miscalculation between the number of snow days that Wood End had this year in comparison with the rest of the school district. Over the last several years, Reading has maintained a 181 day school schedule with 4 snow days for 185 days. This year, the school district used four snow days and Wood End used an additional two days due to excessive snow on the roof. To that end, we calculated that Wood End should attend school one additional school day which would keep them within the 180 day requirement. Unfortunately, when we calculated the additional school day for Wood End, we removed a school day for all of the other schools in the district. Therefore, the last day of school for Wood End was June 23rd and the last day for all other schools in the district was June 22°d. Under this scenario, Wood End should have attended school for one additional day and finished school on Friday, June 24rn Although the Wood End Elementary School only went to school for 179 days, they still were well over the Department of Elementary and Secondary Education Time and Learning Requirements for an elementary school with 930 hours. Next year, all schools in the Reading Public Schools are scheduled to attend 181 school days. As part of this resolution, Wood End will attend school for 181 school days next year. As Superintendent of Schools, I take full responsibility for this oversight and will follow the guidance from the Department as to the next steps that we should take in the process. If we are eligible for a waiver, please consider this letter as a formal request. The Reading Public Schools does not discriminate on the basis of racl, 8+r, sex, religion, national origin, sexual orientation, age or disability. Page 1 of 2 4 C- gV s Schena, Paula From: Hechenbleikner, Peter Sent: Monday, July 25, 2011 10:04 AM To: Reading- Selectmen Cc: Schena, Paula Subject: FW: Saugus Tanker Incident I/c Board of Selectmen Peter I. Hechenbleikner Town Manager Town of Reading 16 Lowell Street Reading MA 01867 Please note new Town Half Hours effective June 7, 2010: Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m. Tuesday: 7:30 a ire. - 7:00 p.m. Friday CLOSED phone 781.942-9043 fax 78r-942-9071 web w.Nw ri.-,arlirgrn_a.gov email town manacle:r@ci.reading rna.us Please let us know how we are doing - fill out our brief customer service survey at http.//readingma-survey.virtualtownhall. net/survey/sid/1 dc7dcf24f2eb182/ From: Burns, Greg Sent: Monday, July 25, 20118:16 AM To: Hechenbleikner, Peter; LeLacheur, Bob Subject: Saugus Tanker Incident Peter and bob, On Saturday, July 23, 2011 we responded mutual aid on the 5th alarm to Saugus. Engine 2 was assigned to Vine Street and worked with Revere, Cambridge and Chelsea Fire to extinguish a fire in a Green 1 louse Complex on Vine Street. Lieutenant Jackson, and Firefighters Delsignore and Gennain were assigned to l;ngine 2. The fire location was about 1/3 of a mile from Fre on Route 1. As the tanker was burning it spilled its contents and it went down hill Route 1 into a stream. The gasoline was burning in the stream and it ignited a house, a commercial nursery business and vegetation along the stream for about a 1/3 of a mile. '1'his was a complex fast moving incident with several separate major incidents to address including: a burning tanker on Route 1 under an overpass, fire spreading down a stream and igniting two separate structures, the need to evacuate a neighborhood and shut down car traffic. From my perspective the incident was very well handled. Greg 7/26/2011 183 qt.) ~ Page 2 of 2 C:hicf Gregur) Burns heading Fire I)eparnnent 757 N-lain Strect Kcadi.ng, NIA 1867, (1') : 81,944.3 / 32 (17) .78 1.942.9114 Wrru" r-vadillrtnr.;on 111cuse /et us know how, we ure doing /il/ out our hrie/'eustoiner service survc>v at: httpI/readingma- survey.virtualtownhall.net/survey/sid/l dc7dcf24f2ebl 82/ 7/26/2011 ' 184 v q* ~ L Ic gr-s July 25, 2011 LiELi Ms. Joyce Gould READING 17 John St. PUBLIC LIBRARY Reading, MA 01867 Dear Ms. Gould Thank you for writing to express your thinking about the Tarot Card program for Teens at the Library. I'm sorry that you are disappointed in our summer programming for teens. Our experienced Young Adult Librarians and the Teen Advisory Group plan many activities that we hope will attract a broad spectrum of young people, interest them in reading and making full use of library resources, and are appropriate and popular in both appeal and content. The library's Young Adult Librarians work diligently and consistently to encourage young people to read, develop strong research skills, and maintain positive engagement with the library throughout the Teen and "Tween" years. They frequently visit classes, provide bibliographic instruction formally and informally for groups and individual students year-round, and offer lots of summer programs to keep young people connected with the library during the long summer months. The Tarot card program was offered as a light-hearted, entertaining, and informational look at a traditional pattern of cards as symbols. The presenter was asked specifically to focus on the positive aspects, and there was never any advocacy of "divination as a methodology for life planning" as your letter states. Two Reading Public Library librarians were involved in the program and no religious, political, spiritual, or lifestyle positions were discussed or advocated. Once again I thank you for your interest in the library and appreciate hearing from you - I apologize for the delay in responding to your letter but I was on vacation last week. Sincerely, Ruth Urell, Director cc: Friends of the Library Reading Public Library Foundation eter Hechenbleikner, Town Manager 9 o k 64 MIDDLESEX AVENUE READING, MASS1A~ AUSETTS 01867 TELEPHONE 781-944-0840 Friday, July 15, 2011 Ms Ruth Urell 64 Middlesex Ave Reading MA 01867 Subject: Tarot Cards for Teens "Interested in knowing about your future?" A public library is supported by the public for the public good. I question whether advocating divination as a methodology for life planning is in the public interest. I am deeply disappointed that this is being i offered to our teens this summer. I strongly urge you to replace this offering with something not related to the occult. Thank you. Respectfully; Joyce Gould 17 John St Reading MA 01867 cc: Friends of the Library Reading Public Library Foundation Inc. Reading Board of Selectmen 186 Reading Public Ubrarv 64 Middlesex Avenue, Reading, MA 01867 - 781-944-0840 Tarot Cards for Teens N Saturday, July 23 2:00-4:00 p.m. Meeting Room Interested in knowing about your future? Have you ever had your tarot card read? Teens and Tweens entering grades 6-12 are invited to have their Tarot Cards read and interpreted by a real. Tarot Card Reader! This event is free, no registration necessary and we always have food! PLEASE NOTE: Our Tarot Reader will be available for 2 hours and will try to provide a reading for all who attend. Card games and other activities will be available while you wait for a personal reading., Sham Save 187 at"'~