HomeMy WebLinkAbout2011-09-06 Board of Selectmen HandoutDRAFT MOTIONS
BOARD OF SELECTMEN MEETING
SEPTEMBER 6, 2011
Anthony, Goldy, Tafoya, Bonazoli, Seh*ber4 Hechenbleikner
1a) Move that the Board of Selectmen go into Executive Session to discuss
strategy with respect to litigation - 45 Beacon Street - and that the
Chair declares that an open meeting may have a detrimental effect on
the litigating position of the body, and to reconvene in Open Session at
approximately 7:30 p.m.
6a) Move that the Board of Selectmen approve the one day special alcohol
beverage license, and approves such event in a public building pursuant
to 5.5.4.1 of the General Bylaw, for the Donor Recognition Event at the
Reading Public Library at 64 Middlesex Avenue on October 14, 2011
from 7:00 p.m. to 10:30 p.m.
6b) Move that the Board of Selectmen close the hearing on the application
for a waiver of retail sales before 6:00 a.m. for JK Market, 211 Main.
Street.
Move that the Board of Selectmen approve an application by JK
Market at 211 Main Street to open at 5:30 a.m., Monday through
Friday, effective September 7, 2011, and excluding State designated
holidays. This approval will expire December 31, 2011. The Board of
Selectmen finds that in accordance with Section 5.10.4 of the General
Bylaws:
® It is in the interest of the public health, safety and welfare or that
public necessity or convenience will be served by permitting such
operation; and
® All conditions of Site Plan approval, all other bylaws, licenses and
requirements of Town agencies and the requirements of Section
3.9 of the Board of Selectmen Policies shall be met. Where there
is a conflict among these bylaws, permits, approvals and licenses,
the most restrictive shall be met; and
• There is no detrimental effect of such operation on the Town or
the immediately abutting neighbors.
0
6c) Move that the Board of Selectmen, pursuant to Section 3.2.1.1 of the
Board of Selectmen policies, approves the change in plan for Cafe Capri
as shown on the plan entitled "Final Restaurant Plan 09/01/2011", and
"Bar Area Plan Cafe Capri, dated Sept. 1, 2011
7a) Move that the Board of Selectmen approve the minutes of August 23,
2011 as amended.
Move that the Board of Selectmen adjourn the meeting at p.m.
D
TOWN MANAGER'S REPORT
Tuesday, September 06, 2011
Administrative matters
♦ MPO Election
♦ City of Boston proposed truck hazardous materials routing
♦ Chamber of Commerce "Buy Local" program
Community Services
♦ Conservation Commission review of bylaw and regulations.
e
Finance
Library
♦ Future of building project
Public Safety
♦ RCA - Reading Community Alerts - Sign up for "opt in" feature
Public Works
♦ MWRA water interconnection with Stoneham
♦ MWRA water redundancy project - under design
♦ MASSDOT is beginning.the design process for resurfacing Main Street. It was last
done in 1986. 1 do not expect work to be done for at least a year.
♦ Installation of sample tree well material in downtown - 2 trees Rubbish and
recycling - what to do if you have an event that will create more rubbish than the
limit - contact JRM for a special pick up - up to 5 bags for $10
♦ Paper Shredding, Rigid Plastics recycling - by popular demand 9/24/11
♦ From FY10 to FY11 trash tonnage is down 15%, equaling an approx. $80,000
savings,
♦ Recycling is up 18%, and is approaching 30% from approx. 20% in FY10.
♦ We now have 2 "Big Belly" solar trash compactors/ recycling units in downtown
♦ Household Hazardous Waste Collection 9/24/11 in Wakefield
♦ Fall leaf' collection - 10/31-11/4, 11/14-11/18, 11/28-12/2
Construction proiects
♦ Causeway Road - Preparatory work is done - pending roadway paving schedule
♦ Roadway Paving: Micro-Seal the contractor has reviewed the roadways, and work
should begin in the first half of September. Aggregate is still preparing the mix
D
designs, when we spoke to them last they still had over half the mix designs to
complete.
♦ Memorial Park: DPW has cleaned the drainage channel. We are getting prices
from contractors to repair\rebuild loose masonry.
♦ Haverhill Street Water Main: Contract awarded. MWRA zero interest loan.
♦ River Study Contract under negotiation
o Storm Water Mapping. Vendor selected - Negotiating price
Dates and Events:
• Observance of 9-11-01 Terror Attacks - September 11, 2011 -
0 10 am at RMHS -dedication of Memorial
0 11:30 am -Town Common
• Reading Fall Street Faire - September 11, 2011 - noon to 5 PM; 5K race starts at
10 am
• Paper Shredding, Rigid Plastics recycling - Fall program by popular demand
9/24/11 at DPW
• Household Hazardous Waste Collection 9/24/11 in Wakefield
. Fall curb-side leaf collection - 10/31-11/4, 11/14-11/18, 11/28-12/2
Page 1 of 5
Schena, Paula
From: Burns, Greg
Sent: Tuesday, September 06, 2011 3:19 PM
To: Anthony, Camille; Anthony, Camille; Hechenbleikner, Peter
Cc: Schena, Paula
Subject: FW: Hazardous Material Transportation Routes Through Boston
Camille,
r
Below is the information you requested. I will also send you Captain Guarino's comments and the
report.
Greg
Chief Gregory J. Burns
Reading Fire Department
757 Main Street
Reading, MA 01867
(P) 781.944:3132
(F) 781.942.9114
www. readingma;gov
Please let us know how we are doing -fill out our brief customer service survey at: http://reading_ma-
survey.virtualtownhall. net/survey/sid/l dc7dcf24f2ebl 82/
From: Burns, Greg.
Sent: Thursday, September 01, 20112:36 PM
To: Guarino, Paul.
Subject: FW: Hazardous Material Transportation Routes Through Boston
Chief Gregory J. Burns
Reading Fire Department
757 Main Street
Reading, Mid 01867
(P) 781.944.3132
(F) 781.942.9114
nvwv.readingmagov
Please let its know how we are doing -fill out our brief customer service survey at: http:Hreadingma-
survey.virtualtownhall.net/survey/sid/l dc7dcf24f2ebl82/
From: Burns, Greg
Sent: Tuesday, July 26, 201111:51 AM
To: Hechenbleikner, Peter
Subject: Hazardous Material Transportation Routes Through Boston
9/6/2011
Page 2 of 5
Peter,
The City of Boston retained Battelle Memorial Institute to perform a series of hazardous materials
highway routing analyses. The analyses performed by Battelle will become the basis for Boston's
recommendations to MassDOT concerning a suitable route or routes for hazmat within the Greater
Boston region and through downtown Boston. If approved by MassDOT and formally designated in
accordance with the procedures and requirements of Federal Regulations, it is anticipated that MassDOT
would then provide the updated routing designation information to the Federal Motor Carrier Safety
Administration (FMCSA). FMCSA cari then update its national hazmat route registry.
The stated major objective of the project is to provide a technical basis for a hazmat route risk
assessment to identify routes through downtown Boston and proposed alternative routes that in their
opinion will reduce risk for purposes of evaluating enhancement of public safety, which is the primary
consideration in the routing designation process. The risk analysis evaluates and characterizes
approximately 20 routes, many providing local routing alternatives for portions of the downtown route
currently used as a through route.
Under the proposed routing designation, the City of Boston would prohibit the use of City streets in the
downtown area for the "through" transportation of Non Radioactive Hazardous Materials (NRHM) where
there is neither a point of origin nor destination within the City of Boston. The proposal would designate I-
93/I-95 as the prescribed through route over which such NRHM approaching the City of Boston is to be
transported. Within Boston, only shipments to destinations/points of origin located within the City would be
permissible, provided the motor carrier applies for and receives a permit from the City.
The major report conclusions include the following:
➢ Based on the differences in route risk, the routes through downtown Boston are significantly higher
in risk than travel on the beltway (Route 128).
Route 128 should be the leading candidate for designation as a through hazmat route. Applying the
federal through routing criteria and comparing Route Alternative 1 (through Boston) with Route
Alternative 3 (which uses Route 128) demonstrates the significantly increased risk posed by hazmat
cargoes coming through Boston.
➢ Factors besides risk such as emergency response capabilities, the location of sensitive environmental
features, climate and the burden to commerce - while worthy of consideration - do not represent
factors that can be used to effectively discriminate among the alternative through routes.
➢ There is ample justification to monitor, control and even restrict daytime through hazmat shipments
through downtown Boston. If downtown shipment routes are allowed, the selection of any
downtown through shipment route should be made based on factors other than risk and made by
transportation officials using such factors as traffic flow and distance. If these factors are judged to
not be significant, then the routing regulations state that the most direct route be selected.
➢ Nothing in this report is intended to lead to recommendations for further restricting the local
delivery of gasoline, diesel fuel and fuel oil within the City of Boston, beyond those otherwise
reasonable restrictions currently in place as implemented by permits issued under the City's existing
regulations.
The risk analysis conducted for this report focused on the transport, of Class 3 (flammable liquids)
materials. There is nothing in the analysis that would result in a different finding City of Boston
Hazmat Route Evaluation 108 April 22, 2011 had another Class or Division of Hazardous Material
been chosen for as the reference shipment in the risk assessment.
Under this plan we would see more hazardous materials shipments on Route 128 and at the Route 128
and Route 93 cloverleaf. There is a public meeting scheduled in Stoneham for Thursday, September 1,
2011. The meeting will be held the Stoneham Town Hall Auditorium located at 35 Central Street in
9/6/2011
Page 3 of 5
Stoneham from 6:30 p.m. to 8:30 p.m. I will attend the meeting.
Chief Gregory J. Burns
Reading Fire Department
757 Main Street
Reading, MA 01867
(P) 781.944.3932
(F) 781.942.9114
wunv. readin¢myVoy
Please let us know how we are doing -fill out our brief customer service survey at: http:Hreadingma-
survey.virtualtownhall. net/survey/sid/l dc7dcf24f2ebl 82/
From: Burns, Greg
Sent: Thursday, July 21, 20112:45 PM
To: Schena, Paula
Subject: RE: Hazardous Material
Thanks Paula.
Greg
Chief Gregory J. Burns
Reading Fire Department
757 Main Street
Reading, MA 01867
(P) 781.944.3932
(F) 781.942.9114
dinmq.
Please let us know how we are doing -fill out our brief customer service survey at: http://readingma-
survey.virtualtownhall.net/survey/sid/l dc7dcf24f2ebl82/
From: Schena, Paula
Sent: Thursday, July 21, 20112:44 PM
To: Burns, Greg
Subject: RE: Hazardous Material
Greg, I believe he said there's info on the MASSDOT website, though this is just in the beginning stages.
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
9/6/2011
Page 4 of 5
Please let us know how we are doing - fill out our brief customer service survey at http://readingma-
su'vey.virtualtown hal I. net/su rvey/sid/de8bdaa 16d b9e6b4/
From. Burns, Greg
Sent: Thursday, July 21, 2011 2:36;PM
To: Schena, Paula; Hechenbleikner, Peter
Subject: RE: Hazardous Material
Peter,
We do have these materials on Route 128 and 93 currently. If this goes into effect I imagine we would
see an increase of trucks carrying hazardous materials on Route 128 and turn off Route 93 South to
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 Region 1 Director he was not aware of the plan. Today I
inquired with Region 1 and I have also sent an email to the Director of MEMA inquiring if they are
aware of the proposal and what they see as the potential impacts. I will keep you informed of any
developments.
Greg
Chief Gregory J. Burns
Reading Fire Department
757 Main Street
Reading, MA 01867
(P) 781.944.3132
(F) 781.942.9114
www.readitisma gov
Please let us know how we are doing -fill out our brief customer service survey at: http://readinama-
su rvey.virtualtown hal 1. net/survey/sid/l dc7dcf24f2eb 182/
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
Phone: 781-942-6643
Fax: 781-942-9071
pschenaCcD,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://readingma-
9/6/2011
Page 5 of 5
survey.virtualtownhall.net/survey/sid/de8bdaal6db9e6b4/
From: Hechenbleikner, Peter
Sent: Wednesday, July 20, 20115:15 PM
To: Schena, Paula
Cc: LeLacheur, Bob
Subject: Re: Hazardous Material
Put 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 PM, "Schena, Paula" <pschena o 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. One of the alternate routes they
are proposing is 1/95. The proposal is in the beginning stages but MassDOT wants the towns to be
aware of this. More information will be forthcoming.
Paula Schena
Office Manager
Town of Reading
16 Lowell Street
Reading, MA 01867
Phone: 781-942-6643
Fax: 781-942-9071
pschenaQq.reading.ma.us
www.readinama. ov
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://readingma-
survey.virtualtownhall. net/survey/sid/de8bdaa16db9e6b4/
v4
9/6/2011
Page 1 of 2
Schena, Paula
From: Burns, Greg
Sent: Tuesday, September 06, 2011 3:22 PM
To: Anthony, Camille; Anthony, Camille; Hechenbleikner, Peter
Cc: Schena, Paula
Subject: FW: HazMat Meeting
Cb of Gregory J. Burns
Reading Fire Department
757 Main Street
Reading, MA 01867
(P) 781.944.3932
(F) 781.942.9114
avwm eadhi ma.xov
Please let its know how we are doing -fill out our brief customer service survey at: http://readincima-
survey.virtualtownhall.net/survey/sid/I dc7dcf24f2ebl 82/
From: Guarino, Paul
Sent: Thursday, September 01, 20119:17 PM
To: Burns, Greg
Subject: Hazmat Meeting
Greg,
I attended the Hazmat Route Meeting in Stoneham on Thursday night. Overall, the meeting was not that well
attended. The major points that were made and discussed were as follows: .
• Both Boston Fire and Police support this proposal.
• Representatives from DOT and the study group discussed the project and why they feel compelled to
change the routing of this cargo. They stated that federal guidelines dictate that if there is an alternative
route for the transportation hazardous materials that lessens the risk to public safety by 50%, then that
route should be used. Boston's study claims that due to the density of their population including
commuters, visitors, schools, etc, that re-routing vehicles transporting hazardous materials would reduce
their public safety risk in the daytime by 400% and the night time risk would be reduced by 100%. In my
opinion, this is the crux of their argument and they have federal guidelines and recommendations to stand
on. They went on to say that this reduced.. public safety risk outweighs the increased route length. They
also argued that these trucks will be using the interstate and not local roads. While for the most part this
may be true, I would argue that local roads are impacted in Reading, Salem Street through the center of
town and then down Lowell Street serve as a cut through from 93 to 129.
• Boston also believes that in the wake of 9-11 that these tanker trucks could be used for terrorist attacks in
the city.
• A representative that spoke on behalf of Mayor Menino stated that the City of Boston is of the opinion and
has recommended that the "Commonwealth" establish foam depots along the routes regardless of the
outcome of the proposed route change.
• The Stoneham Police Chief spoke in opposition and included comments from the Fire Chief who could not
be there.
• Woburn Mayor Galvin and Chief Tortalano spoke in opposition.
• A representative from the Medford Police Department spoke in opposition.
• Senator Donnelly, Senator Clarke, Resp. Louis, and Rep. Dwyers spokesperson spoke in opposition citing
9/6/2011
6
Page 2 of 2
the use of one of the states most dangerous interchanges (93 M 28). They also spoke about the lack of
local resources.
Camille Anthony spoke about the communities not having any information as to what was happening.
It appears that this is more than likely going to happen. I suggest that we as a community explore restricting the
transportation of hazardous materials through Reading unless they originate or are being delivered; specifically,
the 128 to 93 cut through. If a gasoline tanker overturned any ware along this route ad caught fire it would be
devastating.
Paul
9/6/2011
(9
READING PUBLIC LIBRARY FOUNDATION, Inc.
P.O. Box 96 Reading, Massachusetts 01867
1
0
August 22, 2011
~.n
Peter Hechenbleikner
Town Manager
4-7
Reading Town Hall
o '
16 Lowell Street
t-a
Reading, MA 01867
Dear Mr. Hechenbleikner:
The Reading Public Library Foundation, with the support of the Board of Library
Trustees, will host a Donor Recognition Event at the Reading Public Library, 64
Middlesex Avenue, on Friday, October 14, 2011, from 7:00 PM to 10:30 PM.
As part of this event, we are hereby requesting approval from the Board of Selectmen of
our application for a Special (One Day) Alcoholic Beverage License. This is for wine
service only for invited guests.
Should there be any questions, you may contact me at 781-944-2522 or Russ Graham,
our Events Committee Chairman, at 781-944-7846.
Thank you for your assistance.
Sincerely,
William J. c , Sr.
President
Board of Directors
12
L CA.,~
Town of Reading Massachusetts
Application for SPECIAL (One Day) Alcoholic Beverage License
THE COMMONWEALTH OF MASSACHUSETTS
Alcoholic Beverages Control Commission
239 Causeway Street Boston, MA 02114
Event for which application is made (type of event): Reading Public Library Foundation Annual
Recognition Event
Date of Event: 10-14-11 Time of Event: 7:00 p.m. until: 10:30 p.m.
Name to Appear on the License (note - the licensee may only be an individual - not an
organization, corporation, etc.): William Hecht
Give a full description of the premises to be licensed, including the name of the site (if applicable),
street address, rooms at the address to be licensed, location of all entrances and exits (Dote - All
alcoholic beverages must be stored only on the licensed premises, and of no other site. Chapter
138 Section 22 requires a permit for any vehicle transporting alcoholic beverages except for
personal use):
Address of Premises: 64 Middlesex Avenue - Main Floor
Phone Number of Premises: 781-9484-0840
Seating Capacity for this event:
License Category
® All Alcoholic (non-profits only)
❑ Wine and Malt (for profit only)
Contact Person (attorney or representative, if applicable) who can be contacted concerning this
application:
Name: Russel T. Graham
Address: 68 Maple Ridge Road Reading, MA
Phone Number: 781-944-7846
Email Address: russe1126245@a`ol.coni
Applicant is an individual representing (check one):
❑ Association M Non-Profit Corporation ❑ Individual
❑ Partnership ❑ Corporation ❑ LLC
I have read and agree to abide by all Commonwealth of Massachusetts laws, rules and regulations
including all rules and regulations of the Massachusetts Alcoholic Beverage Control Commission, and all
Town of Reading Liquor License Policy - Requirements for Special (One-Day) Liquor Licenses, and attest
that the information submitted in this application is true, accurate, and complete.
14
Occupancy Number: 125
~3 ~~y
Signed and subscribed to under the penalty of perjury this A ay of 20
By: Signature of Full Name. Title:
~z President Reading Public Library Foundation
U
Please attach:
® A letter on their letterhead, from the organization that you are representing, giving authorization to file
this application for the event noted in the application, and signed by the individual or officer
authorized to file all forms and disclosures with the Secretary of State's office
A letter on their letterhead, of the owner of the premises, indicating that you have their permission to
. use the premises for the event that is the subject of this application
® If a,caterer is being utilized, please include a statement on their letterhead that confirms that they are
being paid a set fee, and not a fee based on alcoholic beverage sales
® A copy of the insurance -certificate showing proof of issuance of Liquor Liability Insurance for this
event.
® A copy of the insurance certificate showing proof of workers camp
® Check for $50 made payable to the Town of Reading if you are selling the liquor. There is no fee if
you are just serving
15
LEGAL NOTICE
TOWN OF READING
To the Inhabitants of the
Town of Reading:
Please take notice that the
Board of Selectmen of the Town
of Reading will hold a public
hearing on Tuesday, September
6, 2011 at 8:00 p.m. in the
Selectmen's Meeting Room, 16
Lowell Street, Reading,
Massachusetts on an applica-
tion for Waiver of Retail Sales
before 6:00 a.m. for J.K.'s
Market, 212 Main Street,
Reading.
Copies of the proposed doc-
uments regarding these topics
are available in the Town
Manager's office, 16 Lowell
Street, Reading, MA, M=W-
Thurs from 7:30 a.m. - 5:30
p.m., Tues from 7:30 a.m. -
7:00 p.m. and is attached to the
hearing notice on the website at
www.readingma.gov.
All interested parties are
invited to attend the hearing, or
may submit their comments in
writing. or by email prior to 6:00
p.m. on September 6, 2011 to
townmanager@ci_reading.ma.u
s
By order of
Peter j. Nechenbleikner
Town Manager
8/30
(,B l
21
July 27, 2011
Mr. Peter Hechenbljj JUL 27 F. 3. 22
Town Manager; Reading Massachusetts
Reading Town Hall
16 Lowell Street
Reading MA 01867
To the Board of Selectmen of the town of Reading Massachusetts.
The business of J.K.'s Market; 212 Main St., owned and operated by J.K. Realty Trust, situated
on property owned by same; is respectfully requesting a waiver of retail time restrictions set forth .
under section 5.10 of the General Bylaws of the Town of Reading pursuant to Section 3.9 of the
General Bylaws of the Town of Reading.
Located on plot 249 of the enclosed map, the entire property lies within Business Zone "A"
This waiver is only being applied for the normal business uses currently allowed for and permitted
for, by the.Town of Reading. No additional business activities will occur during the times for which
this waiver would apply.
The owner of J.K.'s Market, and the said Property, being the same expects that the signed
application for waiver will also stand as written approval by-property owner.
In regards to impact on the surrounding, neighborhood:
J.K.'s market is merely applying for this waiver so that a small number of customers
whom would like to get their coffee and newspaper betweep 5:30 AM and 6:00 AM may due so. It
is not our intention to advertise this-time block as "open for business" or actively seek new
business, it is merely to serve a small number of customers who would otherwise be waiting in
the parking lot with their cars idling. There is already a significant amount of traffic on Main Street
during this time frame and employees of said business are already preparing the store for
business as well as receiving deliveries of newspapers etc. We don't expect any new business or
traffic; we only expect that a small number of customers tan get on theirway without idling their
cars in the parking lot for 10 to 15 minutes.
J.K.'s Market has no Drive-thru or and outdoor sound systems, and the parking lot entrances are
located entirely on Main St. and are flanked by another commercial property on one side and a
house which has stood empty for 3 years on the other.
J.K.'s Market follows all required protocols in regards to public safety and-food sanitation.
The owners of J.K.'s market understand and agree that the waiver is superseded by all
other applicable bylaws and regulations, and that strict adherence to noise nuisance
bylaws is required as usual.
Signed- '`~c►~~`~`~ Date
Kalpesh Patel : owner of J.K.'s Market July 27, 2011
Q2
22
Section 3.9 Waiver of Retail Sales before 6. a.m.
. Section 5.10 of the General Bylaws of the Town of Reading prohibits retail sales prior to
6:00 a.m. It also provides for a process by which the Board of Selectmen may consider allowing
retail sales between the hours of midnight and 6:00 a.m. when the Board determines that
permitting retail sales during those hours is in the interest of public health safety and welfare, or
is in the interest of public necessity or public convenience.
These regulations are adopted by the Board of Selectmen to provide guidance to the
Board of Selectmen, applicants, and the public regarding how applications for waivers from the
restriction on hours of retail sales will be handled.
Each application will be dealt with on a case by case basis. An initial application for a
waiver or hours of retail sales prior to 6 a.m. shall require a public hearing noticed to all property
owners within 300', and by publication in a local newspaper and/or publication on the Town's
web site. Renewal of a waiver shall be required on an annual basis with each waiver expiring on
December 31. The Board of Selectmen shall determine on a case by case basis whether a public
hearing is required for each renewal:
The Board of Selectmen may revoke approval upon receipt of complaints that the
operation is taking place contrary to the approval granted by the Board. Revocation shall be
made only after a public hearing, unless emergency circumstances require an administrative
revocation pending hearing.
The following. guidelines are not intended to be a full list of issues to be dealt with by the
Board but are merely guidelines to the applicant:
1. Approval will be granted for businesses within a commercial or industrial zoning district
only.
2. In general, approval shall be for the entire business. For example, if a business dispenses
gasoline, sells coffee, and has a convenience store, all within the same business, then the
approval shall be for all parts of the business.
3. The retail use for which approval of a change in retail hours is permitted will be the
principal use on the property.
4. Written approval of the property owner will be required prior to the Board.hearing an
application for a license. This will need to be renewed annually.
5. The Board may require evidence that the change in permitted hours of retail operation
will have minimal effect on the neighborhood adjacent to the site.
6.. The applicant must show that adequate controls are in place to ensure public safety and
follow food code sanitation protocols.
7. No waiver of the hours of retail sales will be considered for prior to 5 am Monday
through Friday. No waivers shall be considered for Saturdays, Sundays, or State
Designated legal holidays.
8. The Board may limit the use of outdoor speakers, drive-thru's, and/or restrict parking in
certain areas in order to limit the impact of the waiver on-neighboring properties. In
order to address these issues, the Board may require a site plan from applicants, drawn to
scale, and showing locations of these features and their relation to abutting residential
buildings.
9. Prior to the issuance of a waiver on the hours of retail sales, the Board may request a
review by the Health Division, Police Department, and the Building/Zoning Inspection
Division and proof that all necessary approvals, permits, and other licenses needed to
operate have been issued.
3-24 Board of Selectmen Policies ► A
24 (,b
10. A waiver to allow retail uses prior to 6 a.m. is not a waiver of any other bylaw or
regulation of the Town of Reading or other agency having jurisdiction.
11. Parking lot cleaning, and other maintenance operations (excluding emergency work), and
deliveries shall not take place between the hours of 9:00 PM and 7:00 am. Rubbish
collection and recycling shall not take place between 9:00 PM and 6:30 am.
Adopted 6126107
I0*IN
3-25 Board of Selectmen Policies
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Town of Reading
16 Lowell Street.
Reading, MA 01867
FAX: (781) 942-9070
Website: www.readingmA.gov
Bylaw Committee
(781) 942-9050
Preliminary Report on General ]Bylaw Recodification
July 6, 2011
Section 8-9 of the Reading Home Rule Charter, requires that the Bylaw Committee present to Town Meeting not
less than every 10 years, proposed revisions or recodifacation of the bylaws of the Town.
Section 8-9: Reenactment and Publication of Bylaws
Within one (1) year of the adoption of this Charter and at intervals of not more than ten (10) years
thereafter, proposed revisions or recodifacation of the bylaws of the Town shall be presented to Town
Meeting by the Bylaw Committee.
At least four (4) months prior to the Town Meeting at which action under this section is to be taken,
the Committee shall cause to be published in a local newspaper: (a) a report summarizing its
recommendations and noting the times and places within the Town where complete copies of the
report shall be available for inspection by the public, and (b) the date, time and place not less than
two weeks following such publication when a public hearing shall be held by the committee on the
preliminary report.
[Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 2005]
The General Bylaw of the Town was last re-codified in 1988, shortly after the Reading Home Rule Charter was
adopted.
The intent of recodifacation is not to make substantive changes to the General Bylaw, but to make sure that they
are simple to read and understand, and are internally consistent and accurate.
Since the winter of November 2010, the Bylaw Committee (together with Town Counsel, the Town Clerk, and
the Town Manager) has met 8 times and has developed a new, easier to read, standardized version of the General
Bylaw. The details of this draft are available in hard copy at the Library and Town Clerk's office, and
electronically on the Town's web site at www.readingma.,gov.
In proceeding with this recodification, the Bylaw Committee had several specific goals in mind:
0 Improve the organization of the General Bylaw - It is clear that the existing bylaws have been amended in
sequential order without any particular attention to organizing the sections by subject matter. The "Public
Order" article seems to eclipse the others.
4 Improve the formatting - Make the General Bylaw more user friendly; easier to read; simpler (there are
too many subsections in some portions of the bylaw); more compact (narrower margins mean less paper is
used); add a robust index (not part of the adopted bylaw, but as a useful tool); and keep the chronology
(also not part of the adopted bylaw, but as an additional tool).
33
0 Standardize terms within the General Bylaw to the extent practical. The Bylaw Committee has had some
definite ideas as to how to spell and reference certain terms. Town Counsel has reviewed those to ensure
conformance with standard practice. Examples of now standardized terms include: the spelling and
capitalization of "bylaw", references to the state statutes as "M.G.L.", and the consistent use of other
common terms. In addition, there are a number of sections with common language, 'and some sections
where the language is similar. The Bylaw Committee has attempted to organize the bylaws so that that
the common language is standardized, and included only once in the bylaws.
0 Review the bylaw for content. Each of the bylaw sections was reviewed in an effort to determine what, if
any, changes are needed. The following are examples of some of those changes:
0 What can be "re-codified" as is~ - (Wetlands)
0 What needs to be modified - (Personnel)
0 What needs to be removed - (Building Code)
0 What needs to be added - (table in section 1.7 that shows who enforces non-criminal disposition and
what the fines are)
The following is a summary of the detailed work included in the proposed recodification:
Organization:
Following its review of best practices in the Commonwealth, the Bylaw Committee recommends reorganizing the
General Bylaw into 8 Articles:
General Provisions
Town Meeting
Town Offices and Town Officers
Personnel
Conduct of Town Business
Financial Procedures
Regulation on the Use of Land
Public Order
Inclusion of all previous sections
The Bylaw Committee retained all of the previous sections of the General Bylaw, but reorganized many of the
provisions into new sections, except for the following sections which have been deleted:
0 Laundromat Licenses - staff has determined that there is no reason for such a license
0 Underground Petroleum Storage License _ This bylaw was rescinded by Town Meeting at the 2011
Annual Town Meeting
0 Gas Inspector section - not necessary - no other such positions are included in the bylaw
0 Building Code - not necessary - there is a state building code and the Town may not vary from that
0 Municipal Data Processing Center - no longer needed - this was required in pre-Charter days
0 Eliminated the Conflict of Interest section because the state statute, M.G.L. c.268A, applies
Summary of Changes:
Article 1 General Provisions
Added some definitions from the detailed bylaw sections to create a general definition section
0 Standardized the non-criminal disposition section as section 1.7 from different language in various
sections of the bylaw, and inserted a chart that contains the bylaw section, enforcing agent, and
fines (fines are specified in accordance with state statute)
34
v~ 6d -2,,
Article 2 Town Meeting
No substantive changes
Article 3 Town Offices and Town Officers
® Eliminated the section on the Gas Inspector - not necessary
0 Standardized the section on the general standards for- Appointed Boards, Committees, and
Commissions
0 Eliminated Municipal Data Processing Center - no longer needed - this was required in pre-
Charter days
o Eliminated the Conflict of Interest section because M.G.L. will apply
Article 4 Personnel
® No substantive changes
Article 5 Conduct of Town Business
v Removed a number of sections and put them in another section of the bylaw
® Modified the sections on Rules and Regulations to reflect current practice
Article 6 Financial Procedures
® No substantive changes
Article 7 Regulation on the Use of Land
® This is a new article compiled of sections from various other sections of the bylaw
® Removed details of non-criminal disposition from individual sections and inserted them in the first
article
® Eliminated underground petroleum storage licensing article
® Eliminated laundromat licensing and reference to the Gas Inspector position - not necessary - no
other such positions are indicated
A Eliminated reference to the Building Code - not necessary - there is a state building code and the
Town may not vary from that
Article 8 Public Order
® Rewrote the section on Anti-Litter to simplify it but retained the intent of the existing bylaw
® Rewrote the section on News Racks but retained the intent of the existing bylaw
The Bylaw Committee looks forward to hearing any questions or comments at its hearing on July 6, 2011 at 7:00
p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts
Respectfully submitted
Bylaw Committee
Phil Pacino, Chairman
Dolores Carroll
John H. Russell
Ron O'Keefe !LJ
Louise Callahan
35 3
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SUMMARY SHEET
Reading Police Dept.
Support Services
Traffic Study-Harrison Street
Conducted for 12 Days in 2010
From Monday December 20th to Friday December 31s't
Complaint
Residents expressed concern to
Selectman Goldy that vehicle
speeds along Harrison Street
have greatly increased since the
reconstruction of the park and
the new paving. Some residents
expressed a desire to pursue the
state-controlled process of
lowering the speed limit from 30
MPH to 20 MPH.
Complainant
Stephen Goldy, Selectman
42 Berkley Street
Reading, Massachusetts
Initial Actions Taken
Discussed at BOS Traffic Night.
Overview of speed -loWcring
process given and traffic study
conducted to determine
likelihood of success. Traffic
counts unable to be downloaded
for several months due to
hardware problems..
Conclusion
The 85th Percentile of wintertime
traffic is within the acceptable
speed range. A second study
should be conducted to
determine consistency between
seasons.
Upcoming Actions
Results of first traffic study will
be given to Selectman Goldy
and second study will be
conducted in the late Spring or
early Summer.
STATISTICAL FIGURES
Speed Limit- 30 miles per hour per MGL c.90 §17
Average Speed-- 24 miles per hour
Fastest Speed- 1 vehicle went 53 miles per hour
Total Volume- 6,878 over 12 days
Average Volume- 573 vehicles per day
Peak Volume Times-- 6 - 9 a.m. 8s 3 - 6 p.m. Weekdays
Speed Percentiles
15th Percentile : 18 MPH
50th Percentile : 24 MPH
85th Percentile : 29 MPH
95th Percentile : 32 MPH
Area Map
Location of Study
Highlighted in Red
38
(Vy , ei2
Reading Police Dept.
SUMMARY SHEET Support Service
Traffic Study--Harrison Street
Conducted for 13 Days in 2011
From Wednesday June 1st to Monday June 13th
Complaint
Late last fall several residents
expressed concern to Selectman
Goldy that vehicle speeds along
Harrison Street have greatly
increased since Ithe
reconstruction of the park and
the new paving. Some residents
expressed a desire to pursue the
state-controlled process of
lowering the speed limit from 30
MPH to 20. MPH.
Complainant
Stephen Goldy, Selectman
42 Berkley Street
Reading, Massachusetts
Initial Actions Taken
Discussed at BOS Traffic Night.
Overview of speed-lowering
process given and traffic study
conducted to determine
likelihood of success. Traffic
count conducted during winter
months did not provide enough
impetus for pursuing the
cumbersome speed-lowering
process.
Conclusions of New Study
The 851", Percentile of fair
weather traffic is slightly above
the acceptable speed range. It is
also worth noting that the
average daily volume for the
street has more than doubled
under fair weather conditions.
Upcoming Actions
Results of both traffic studies
will be presented to the PTTF
and shared with the BOS
during the upcoming traffic
night in July.
STATISTICAL FIGURES
Speed Limit-- 30 miles per hour per MGL c.90 § 17
Average Speed-- 27 miles per hour
Fastest Speed- 1 vehicle went 59 miles per hour
Total Volume- 15,791 over 13 days
Average Volume- 1,214 vehicles per day
Peak Volume Times-- 6 - 10 a.m. Weekdays
2 - 6 p.m. Weekends
SDeed Percentiles
1.5th Percentile : 24 MPH
50th Percentile : 28 MPH
85th Percentile : 32 MPH
95th Percentile : 35 MPH
Area Map
Location of Study
Highlighted in Red
Page] of 2
Schena, Paula
From: Hechenbleikner, Peter
Sent: Wednesday, August 31, 2011 7:19 PM
To: • Schena, Paula
Subject: Fwd: BOS - traffic night
Attachments: 2011-07-06 Reading EDC - Reading Center Directional Locations v02.pdf; ATT00001.htm
Include the memo and map in the BOS packet
Sent from my il'hone
Pete
Begin forwarded message:
From: "Delios, lean" <jdelios(ir)ci.reaciing.aiia.ius>
To: "I lechenbleikner, Peter" <phechenbleil:nerlc)ci.reading.ma.tis>
Cc: "Ben Yoder" <Ben.Yoder@keurig.com>
Subject: RE: 1305 - traffic night
Here is the latest information that I have and was based on our site visit some weeks back
with CPI)C on-the Wayfinding (signs.and locations). As I understand this message I am not
required to attend the BOS meeting on 9/6.
Jean J. Del ios
Community Services Director/Town Planner
Town of Reading
16 Lowell Street
Reading. MA 01867-2685
(P) 781-942-6612
(F) 781-942-9071
Town MAII l lours 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: CLOSED
jdelios(cc.;ci.reacling.ma.u.s
w-~v~v.read i ngma.gov<http://www.readingma:gpv>
Please let us know how we are doing by filling out a brief customer service survey at
llttp://readingma-survey.virtualtowi- ialI.net/survey/sid/de8bdaaI6db9e6b4/
From: llechenbleikner, Peter
Sent: Wednesday, August 31, 2011 1:17 PM
To: Cormier, Jim; Lee, Michael; Martel, .Tustin; Zager, Jeff; Zambouras, George; Delios,
Jean
Subject: 130S - traffic night
®r~~
40 (,0
9/l/2011
Page 2 of 2
Traffic night Here is the agenda for "Tuesday night. We start this part of the meeting at
9:00.1 need the following information some of it already exists. I will want all items on
PP for Tuesday:
Haven/Lligh Street improvements; BETA will bring graphics on thumb drive
Harrison Street - 2 counts Have it
availability of additional. employee/merchant parking spaces on High Street; Cormier
a map, number of spaces there, and number we have already rented out
Way Iinding signs; Delios - number and location - George, you might also want to talk
about the process of the parking signs with MASSDOT
downtown project follow-up and status; George - what still needs to be done - and
process --replacement of trees, fixing crosswalk on Main at Haven, replacing light fixtures,
left turn Salem to Main NB
bus shelter; Pete/Jean (Jean I can do this since this is probably the only thing you
would. be there for)
sidewalks - repair, replacement, and new construction; Zager - what are the priorities-
for repair and from l"I'VIli meetings, what are the priorities for new.
Hopkins and Main signal; George - overall map that shows the intersection - and then
what is the process going forward
Washington Street night time HVF.; George status? Show map
permit parking - status of rental of permit spaces; Cormier - up to date information
HC space downtown - Haven at Main; have it
West Street - go to 100% design; George no map required
Grant Street; Pete.
Peter]. fleclienbleikner
Town Manager
Town of Reading
16 Lowell Street
Reading MA 01867
Please note new Town hall Yours effective June 7, 2010:
Mondav, Wednesday and Thursday: 7:30 a.m - 5:30 p.m.
Tuesday: 7:30 a.m. - 7:00 p.m.
Friday: CLOSED
phone: 781-942-9043
fax 791-942-9071
web wwtiv.rcadingma.gov<http://www,readingma.gov>
email toNvnnianageffei.i"eadiiig.ilia.Lts<]nallto:loVo'nrnanagerCgIcl.reading.ma.us>
Please let us know how we are doing - fill out our brief customer service survey at
littp://rc:adingma-survey.virtLialtownhalLnet/survey/sid/l dc7dc04f2eb l 82/
41
9/l/2011
9
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Page 1 of 1
Schena, Paula
From: Zambouras, George
Sent: Thursday, September 01, 2011 3:16 PM
To: Schena, Paula; Hechenbleikner, Peter
Cc: Tafoya, Meghan Young; Delios, Jean
Subject: FW: Parking.sign decision
Paula,
The email below is MassDOT's response, denying the Wayfinding Parking Sign request
George J. Zambouras, P.E.
Town Engineer
781-942-6683
781-942-5441( (flax)
Email: gzambouras&i.reading.ma.us
Please note Town Hall Hours
Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m.
Thuesday 7:30 a.m. - 7:00 p.m.
Friday: CLOSED.
From: Karas, Mike (DOT) [mailto:mike, karas@state.ma.us]
Sent: Thursday, September 01, 2011 12:46 PM
To: Zambouras, George
Cc: Leavenworth, Patricia (DOT)
Subject: Parking sign decision
Boston Traffic has completed its review of the proposed parking sign.
As proposed, they do not consider the Town of Reading's '2 hour parking' trailblazer signs acceptable for
independent use. Due to their shape and non-standard colors (both of which conflict with MassDOT and MUTCD
standards), they would not be readily identifiable by unfamiliar (i.e. out of town) drivers.
However, they would have no objections to the' Town incorporating a round parking logo, provided it includes the
word Parking, into a wayfinding assembly (such as those shown in Section 2D.50 of the 2009 MUTCD) that also
directs drivers to other businesses, attractions, or Town facilities. However, to insure that unfamiliar drivers would
understand the meaning of such a logo, it would have to be green on white - similar to the 04-1 sign.
(Dew(
51
9/1/2011
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Memo
To:
Peter Hechenbleikner
From:
George J. Zambouras
Date:
September 1, 2011
Re:
Walkers Brook Drive - Nigh-time Truck Exclusion
I was just informed that the nighttime exclusion was denied. We will be receiving a
denial letter shortly
.~3
e Page 1
64
• Curb, Sidewalk, Pedestrian Improvements
• Birch Meadow Drive by Imagination Station - Summer 2011 Do
work but leave one point of access for parking - install izate for
future uses but leave locked open
• List of needed repairs from Mike DeBrigard
• New walks
• Highland from Federal to Auburn;
• Bancroft from just before Locust to Auburn
• Auburn Street - Highland of Parkview.
• Parkview Road - Auburn to Oakland
• Grove Street - Forest to Franklin
• Prescott Street - Summer to West
• Pennsylvania Avenue - Redgate to Summer
Pleasant Street - John to Manning
• Vine from Mineral to High
• Mineral from Vine to High;
• High Street - west side from.Middlesex to Vine
• Wilson Street
• Curtis Street and South Street to AWP emergency access point
• Sidewalk reconstruction or major repair
• Prescott Street petition - Zambouras will evaluate and
determine what part of Prescott is a priority - maybe SRTS
part - and see if we have enough $ in the budget
• Linden Street - Haven to Woburn reset curbing and replace
sidewalk
• Sanborn Street - Lowell to Woburn - replace sidewalk
DRAFT - 2011 Subsequent Town Meeting November 14, 2011
WARRANT OU'T'LINE 09/01/2011
Art. Mover/ Moderator
Article Description Sponsor Comment Notes
i
of Selectmen RMLD Annual. Report
o ' State oithe Schools
Report on. Instructional
Motions
5. Amending the t' X LU I2 ;1 uclget_ »oara. of aeieuur~GU.
6 App'rgve I'aytnerit of Prior Year's Board of Sle4tinen e
Bills
7 Rescinding debt ($465,000 in general Board of Selectmen o
hind; $65,000 in Sewer find)
m $140,000 for Birch Meadow Tennis
Couris 4/26/07 Art. 21,
+ $275,000 for 't'urf Field
hnprovernents 4/26/07 Art. 22;
$65,000 For Sewer improvements
Sunnyside/Fairview 4/26/07 Art.
23;
$50,000 for (.,adder Truck 11/13/07
Art. 10
H Appropriating -hands from the 40R Board of Selectmen e
Smart Growth Stabilization Fund into
the Affordable. Housing Trust Fund
9 Amending Article 5 of the November Trust Fund
12, 2010 Subsequent Town Meeting Commissioners
re Veterans Flower Fund.
65
LeLacheur/Doucette
LeLacheur/Doucette
1 article, 4 motions?
LaPointe
Doucette
V l
Zambouras
of ~;erectmen for conveyance . s
13 Discontinuing a street and ;authorizing Board of Sele~tinen ® :
nnnvwanre nf'the nronerty on Pearl
West/LeLacbeur/
Doucette
MEMEM
West/LeLacheur/
Doucette
22 General Bylaw Establishing Vacant Board of Se:
Property Standards
66
♦ ~ 4
s~
~~3
67