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HomeMy WebLinkAbout2017-11-28 SB PacketsFxes 0 Town of Reading Meeting Posting with Agenda Js3�'1NCOPpO�� � \C.4ta�J3V�i,`( ,i1Jv�o Board - Committee - Commission - Council: - Board of Selectmen 011 NOY 22 P 4: 30 1 Date: 2017 -11 -28 Time: 7:00 PM Building: Reading Town Hall Location: Selectmen Meeting Room Address: 16 Lowell Street Agenda: Revised Purpose: General Business Meeting Called By: Caitlin Saunders on behalf of Chairman John Arena Notices and agendas are to be posted 48 hours in advance of the meetings excluding Saturdays, Sundays and Legal Holidays. Please keep in mind the Town Clerk's hours of operation and make necessary arrangements to be sure your posting is made in an adequate amount of time. A listing of topics that the chair reasonably anticipates will be discussed at the meeting must be on the agenda. All Meeting Postings must be submitted in typed format; handwritten notices will not be accepted. Topics of Discussion: 1) Reports and Comments a. Selectmen's Liaison Reports and Comments b. Public Comment C. Town Manager's /Assistant Town Manager's Report 2) Open Session for topics not reasonably anticipated 48 hours in advance of the meeting 3) Proclamations /Certificates of Appreciation 4) Personnel & Appointments 5) Discussion /Action Items a. Accept Gift for the Elder Services Division 7 :20 b. Birch Meadow Batting Cages — Reading Little League 7:30 C. Eaton Lakeview Housing project update 7:45 d. Hearing - Approve BOS Policies, Article 3 — Licenses 8:30 e. Approve Liquor Licenses 9:00 f. Discuss Open Meeting Law complaint letter 6) Approval of Minutes a. October 24, 2017 7) Licenses, Permits and Approvals a. One Day Liquor License — RCTV Trivia Night 8) Executive Session 9) Correspondence a. Correspondence from Office of Environmental Analysis, re: New England Transrail b. Email from Bob LeLacheur, re: Introductions C. Email from Boriana Milenova, re: Eaton Lakeview Project d. Correspondence from Grove Street Residents, re: Meadow Brook Liquor License e. Correspondence from Charles Robinson, re: Gary Nihan Resignation f. Correspondence from Brad Jones, re: State Reimbursement g. Correspondence from MassDOT, re: West St Reconstruction This Agenda has been prepared in advance and represents a listing of topics that the chair reasonably anticipates will be discussed at the meeting. However the agenda does not necessarily include all matters which may be taken up at this meeting. Page 1 1 FR Q �i 'INC* h. i. Town of Reading Meeting Posting with Agenda Email from Natalie Balas, re: R.A.D Classes Email from Gina McCormick, re: R.E.D /HRAC Event Invite This Agenda has been prepared in advance and represents a listing of topics that the chair reasonably anticipates will be discussed at the meeting. However the agenda does not necessarily include all matters which may be taken up at this meeting. Page 1 2 OF Afiq�r� �Q� ` Office of the Town Manager Lowell Street oJ6J9'INCORP��P� �0 16 Reading, MA 01867 To: Board of Selectmen From: Robert W. LeLacheur, Jr. CFA Date: November 15, 2017 RE: BOS Agenda for November 28th 781- 942 -9043 townmanager @ci.reading.ma.us www.readingma.gov /town - manager Your first order of business will be to accept a generous $10,000 donation from the Fulchino Family Trust on behalf on the elder services division. Next will be a presentation from a proposed developer of multi family housing in the Eaton /Lakeview area (Lakeview is a private road across from the Market Basket exit). Note that this project will come in as a 40B, and the developer is aware of our two year 'safe harbor' protection. We have met with them a few times, and encouraged them to have a neighborhood meeting as soon as possible. As of this writing I believe that has recently happened. Your next item will be to discuss and vote on a new BOS Policy Article 3 — Licenses. You have already done the bulk of this work by redoing the liquor license section, and adding KENO. We discussed remaining portions with the Board, whose request was to streamline and simplify remaining sections, such as Entertainment licenses. Please see your packet for more details. Lastly will be the annual approval for both liquor licenses and other licenses. As of this writing we have had no issues, but also have not yet been able to meet with every business. The Assistant Town Manager and a senior Police Officer have been conducting site visits, which are expected to be complete in time for your meeting. Please see your agendas for the December budget meetings as a preview of the order you will hear from department heads. We decided to book the Library conference Room in case there is significant community interest. We plan to spend more time with you on budgets this year in order that a more complete story be told by every department head. We expect good attendance from the FINCOM at these meetings. Each department head will present their requested budgets — which are designed to give the community level services. On the fourth night, I will share my thoughts on how I plan to balance the budget, but I prefer to hear from you and the community before that action is finalized. My deadline is to balance the budget and send it to FINCOM by February 15t, one month earlier than is proscribed by the Charter. On the fourth night we will also discuss long -range planning issues (DPW garage, Killam, etc...). DRAFT - BOARD OF SELECTMEN 2017 AGENDAS 2017 1112812017 Responsibility Start time November 28, 2017 Tuesday Accept Gift for the Elder Services division LeLacheur 7:20 Birch Meadow batting cages - Reading Little League LeLacheur 7:30 Eaton Lakeview Housing project update Delios 7:45 HEARING Approve BOS Policies Article 3 - Licenses Town Counsel 8:30 Approve liquor licenses LeLacheur 9:00 Approve licenses LeLacheur 9:10 Discuss OML complaint Arena 9:20 December 12, 2017 Tuesday! @RPL Office Hour Andrew Friedmann 6:30 FY19 Budget Review 7:00 Public Services Delios Administrative Services Kraunelis Finance Angstrom Debt Authorization - tba Kume December 13, 2017 Wednesday @RPL FY19 Budget Review 7:00 Public Library Lannan & Brzezenski Public Safety - Fire/EMS Burns Public Safety - Dispatch Segalla Public Safety - Police Segalla Public Safety - RCASA McNamara December 18, 2017 Monday @RMHS Meet with School Committee to fill vacancy 7:00 December 19, 2017 Tuesday! @RPL FY19 Budget Review 7:00 Facilities Huggins Performance Contracting Results Huggins Killam School building project Dr. Doherty RMHS /Athletic capital projects Dr. Doherty Capital/Debt LeLacheur Benefits, other Misc Costs LeLacheur December 20, 2017 Wednesday @RPL FY19 Budget Review 7:00 Public Works (gen'l fund) Zager Public Works (Enteprise Funds) LeLacheur January 8, 2018 I School Comm Budget Meeting Monday Office Hour John Arena 6:30 Discuss BOS Policies: Article 1 General Operating Procedures LeLacheur 7:20 HEARING Discuss BOS Policies: Article 2 Volunteers, Boards and Committees LeLacheur 8:30 HEARING Selectmen Goals - update LeLacheur 9:30 January 11, 2018 School Comm Budget Meeting Thursday January 13, 2018 School Comm Budget Meeting Saturday January 16, 2018 School Comm Budget Meeting Tuesday January 18, 2018 School Comm Budget Meeting - Vote Budget Thursday Review of RU TV Uable Community iNceas Assessment Kraunelis 7:20 Wayfinding Presentation Delios 8:00 Discuss Downtown Parking process Delios 8:45 Review Town Manager's Budget LeLacheur 9:15 January 24, 2018 I Financial Forum III lWednesday Discuss & vote Override February 7,2018 FINCOM Budget Meeting (Schools) Wednesday February 8, 2017 IFINCOM 'Budget Meeting (Town) j Thursday Office Hour John Halsey 6:30 Birch Meadow Recreation Subcommittee LeLacheur 7:20 HEARING Approve BOS Policies: Article 1 General Operating Procedures LeLacheur 8:00 HEARING Approve BOS Policies: Article 2 Volunteers, Boards and Committees LeLacheur 9:00 February 14, 2017 FINCOM Budget Meeting (Misc.) Wednesday February 15, 2017 FINCOM Budget Meeting -'Vote Budget Th ursday Close Warrant for April Town Meeting jLcLacheur March 7, 2018 FINCOM- Vote Annual TM Warrant Articles Wednesday Office Hour jDan Ensminger ( ( 6:30 Office Hour Barry Berman 6:30 April 23, 2018 Annual Town Meeting I Monday' April 26, 2018 Annual Town Meeting II Thursday April 30, 2018 Annual Town Meeting III Monday May, 1, 2018 Tuesday Office Hour Andrew Friedmann 6:30 May 3, 2018 Annual Town Meeting IV Thursday May 7, 2018 Annual Town Meeting V Monday June 19, 2018 Tuesday Future Agendas Discuss Cell Tower project Percival Discuss Oakland Road land public process LeLacheur Percy Avenue: improvements on a private way LeLacheur Downtown Parking Segalla Recurring Items Close Warrant: Nov 117 TM by 9/26 Close Warrant: Apr ' 18 TM by 2/27 Review BOS /TM Goals Dec & June Semi -ann Appointments of Boards & Committees June Annual Hearing Approve Classification & Compensation June Annual Hearing Tax Classification October Annual Approve licenses December Annual Reports to BOS Town Accountant Report Qtrly Economic Development Director Mar -July -Dec Tri -ann RCTV members Report Semi -ann CAB (RMLD) member Report Semi -ann MAPC member Report Annual Reading Housing Authority Report Annual Reading Ice Arena Report Annual BOS Appointed Boards & Committees Annual November 28, 2017 VIA EMAIL Thomas R. Mullen, Esq. 21 Franklin Street, 3rd Floor Quincy, MA 02169 Re: Fulchino Family Trust; Acceptance and Release Dear Attorney Mullen: On behalf of the Town of Reading, Elder Services Department, I hereby accept the gift made pursuant to the Fulchino Family Trust, dated July 13, 2011 and thank the Fulchino family for their generous gift. In accordance with the terms of the Trust and G.L. c. 44, § 53A, the funds will be used to support the Elder Services division. Included herewith is a Release as you have requested. Sincerely, Jean Delios Assistant Town Manager Town of Reading 5a� Motion: I move that the funds received by the Town pursuant to the terms of the Fulchino Family Trust, to be accepted on behalf of the Elder Services division by Jean Delios, be expended for capital improvements to the Pleasant Street Center, and that the Board authorize Jean Delios to execute, on behalf of the Board, a release discharging the trustee of the Fulchino Family Trust from all debts which the Town may hold on account of the Trust. RELEASE In the matter of Fulchino Family Trust, I, Jean Delios, Assistant Town Manager of the Town of Reading, Massachusetts, in consideration of $10,000 dollars paid by Fulchino Family Trust to the Town for the benefit of Reading Elder Services, the receipt of which is hereby acknowledged, do hereby release and forever discharge Anthony Statuto, Trustee of the Fulchino Family Trust, from all debts and liabilities whatsoever which the Town now has for or on account of the Fulchino Family Trust. Jean Delios, Assistant Town Manager Date 5d� ARTICLE 3 - LICENSES Section 3.1- General Procedures and Conditions for Issuance of Licenses 3.1.1- Application Procedures Appliea,tsApplications for initial issuance or renewal of licenses issuedshall be on a form as prescribed by the Board of Selectmen sha4l r„ raft an plie atio on a standard form provided by the Teyim. . The applicant shall have the responsibility to complete all information on the form, completely and accurately, and under oath, and shall provide with the appheation all neeessar), information in order for the T----- to determine whether all F-equireffient(s) of the keense in aeeordanee with Town or- State regulations or- bylaws are eemplied with. These req em,e,ts may inelu e btA not be 'imited -zs. Where applicable, the Board may require submission of the following: ♦ A sworn statement that the applicant has paid all taxes and fees and other moneys owed to the Town of Reading for any services; ♦ All required performance bonds, if any, are on file; ♦ A certificate of Workers Compensation is on file. The Board of Seleetme may request information or in uutt from any other Department, Board, Committee or Commission, including the Police and Fire Chiefs, in considering the granting a,Wor renewal of a license. The Board may review the record of any complaints or problems regarding the applicant or hems°° and/licensee or the licensed premises, and shal4pLay take such complaints into account in considering whether or not to issue or renew athe license. 3.1.2 - License Period and Fees Unless otherwise provided, licenses shall be issued for a 12 M014 12 -month calendar year, beginning on January 1st. An application for a new license shall be issued for the remainder of the calendar year. Fees shall be charged for the entire calendar year even if the license is effective for only a portion of the calendar year. The Town Manager may waive such a fee for no greater than a sixty (60) day period at year -end if there are mitigating circumstances. 3.1.3 - License Restricted to the Premises for which it is Issued Except for Taxi and Livery vehicle licenses, an application for a license shall be specific as to the location, including street number and address, for which the license is issued. -The licensed activity may not be moved to any other. location without approval of the Liee,sing ""Board. 3.1.4 - Reauirement that Licensees maintain their Proberties and Businesses in accordance with all Conditions, Bylaws, Rules and Regulations of the Town of Reading during the Term of the License Every business liEensed by the ev,% of Reading-,All Licensees, regardless as to whether listed below ^r „^ *,the type of license held is addressed herein„ shall of their— hee,se, maintain thetheir property and conduct their business in accordance with all eenditionsibe terms of the license, as well as with all pefie es,these Policies, the rules, regulations and bylaws of the Town of Reading. All heefisee , and all General or Special Laws of the Commonwealth. In addition all Licensees shall maintain their premises in a clean and business -like condition that is conducive to public health and safety. 3 - 1 Board of Selectmen Policies �a 3 - 2 Board of Selectmen Policies 3.1.5 — Conditions on Licenses The TevaiBoard may place reasonable conditions on the issuance of any license issued pursuant to these policies to provide for public safety, health, welfare and the promotion of public order. 3.1.6 - Delegation to the Town Manager the Authority to issue Certain Licenses The Board of Seleetme may, annually, delegate to the Town Manager the authority to issue and renew any or all licenses covered by this policy, except for the issuance and annual renewal of liquor licenses. When the Board of Selectmen c-hoosesto delegatedelegates this authority, the Town Manager notify the Board of— Seleetmen will be noTfied of the granting and/or renewal of sueh sue licenses at thei-Fits next regular meeting - following the is ee of renewal. , of any licenses granted or renewed. If an issue has been raised by the Board e€ S n-regarding the issuance or renewal of a license, the Town Manager shall not issue or renew the license1 but it shall be referred back to the Board ^� C°'°"*""' °„ for their review and action. 3.1.7 — Suspension, Modification or Revocation of Licenses The Board may suspend, modify or revoke any license issued under these policies for failure to meet any of the requirements of these policies, or failure to meet any conditions placed on the license. The lieenseeLicensee is entitled to due process as provided by law, which may include written notice of any violation and a hearing. Adopted 10- 27 -86, Revised 12- 13 -94, Revised 12 -5 -95, Revised 5 -25 -04 Section 3.2 — Liquor License Policy Removed for this discussion as it has been recently revised Section 3.3 - Issuance of Peddler's Licenses Chapter 101, Sections 4-2a12A through 33 of the Laws of the Commonwealth, provide for regulations of peddlers. Part of the State law allows the Board of Selectmen to establish local rules and regulations for the granting of such licenses. The following rules and regulations are hereby adopted to guide the Board of Selectmen in reviewing and ruling upon applications for Peddler's Licenses: Each application will be dealt with on a case by case basis. 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. 3 -3 Board of Selectmen Policies t 6'� 1. Approval will be granted within a commercial or industrial zoning district only. 2. No peddlers will be permitted to operate within the public right of way including a roadway or sidewalk area. 3. Written approval of the property owner and any tenants on the property will be required prior to the Board hearing an application for a license. This will need to be renewed annually. 4. If the proposed use, in the opinion of the Board of Selectmen, will generate traffic other than traffic that is routine to the premises, then designated parking spaces will be required that will not be detrimental to the principle use on the premises. 5. The Board will require evidence that the peddler's use will have minimal effect on the neighborhood adjacent to the site. 6. The peddler's use will not take away existing parking spaces from those required on the site. 7. The peddler's use may have no negative impact on retail or commercial activities within the Town of Reading. 8. Peddler's uses will only be permitted where there is another principal use on the site and the peddler's use is related to the principal use of the property. No peddler's uses will be permitted on vacant or unused land. 9. The applicant must show that adequate controls are in place and insure public safety and cleanliness, and a condition of approval of any peddler's license will be that all of the required licenses will be received. 10. Prior to the issuance of a Peddler's License, the Board may require a review by the Health Division and the Building /Zoning Inspection Division and proof that all necessary approvals, permits, and other licenses needed to operate have been issued. Adopted 10- 18 -88, Revised 12- 13 -94, Revised 5 -25 -04 Section 3.4 Issuance of Class I, II and III Motor Vehicle Licenses Chapter 140, Sections 57 -69 of the Laws of the Commonwealth, provide for the regulation of Class I, II and III licenses for the sale of motor vehicles. The Board of Selectmen as Licensing Authority is charged with the responsibility of issuing these licenses, determining that the licensee is a proper person to engage in the business and that there is a suitable place of business. . The following rules and regulations are hereby adopted to guide the Board of Selectmen in reviewing and ruling upon applications for Class I, II and III Motor Vehicle Licenses: 1. Each application will be dealt with on a case by case basis. These guidelines are not intended to be a full list of issues to be dealt with by the Board but are guidelines to the applicant. 2. Class I, II and III Motor Vehicle Licenses will be issued only within a commercial or industrial zoning district within the Town. 3. Pursuant to State law (Chapter 140, Section 59), the applicant must show that the business to be licensed is the principal business of the licensee. 4. The applicant shall provide to the Board of Selectmen a lease or written approval of the property owner (if other than the applicant) for the use of the premises for the license period. 3 - 4 Board of Selectmen Policies 6 l� 5. The applicant will provide, pursuant to Chapter 140, Section 58, proof that the applicant maintains or has access to a repair facility sufficient to enable him to satisfy the warranty repair obligations imposed by State statute. 6. For Class I and II Licenses, all the requirements of Chapter 90, Section 7N 1/4 and Section 7N 1/2 must be complied with. 7. The applicant must show through plans or other means that there is adequate space on the premises for the vehicles to be sold and for customers and employees to park. 8. The licensed activity must not create an adverse traffic impact and access to the site must be adequate. 9. The licensee must conform with the Zoning By -Laws including the sign portions of the Zoning By -Laws. 10 The Board may require information to assure itself that the facility does not and will not cause any environmental problems relative to spills or other release of harmful substances to the environment or to neighboring properties. 11. The applicant shall provide proof of a bond as required by State Statute. 12. Prior to the issuance of a Class I, II or III Motor Vehicle License, the Board may require a review by the Building /Zoning Inspection Division, and proof that all necessary approvals, permits and other licenses needed to operate have been issued. The Board will require a review by the Chief of Police to assist them in determining that the applicant is a proper person to engage in the business to be licensed. The following will be standard conditions for Class I, II or III Motor Vehicle Licenses unless the Board of Selectmen shall modify any of these conditions, and the Board may make any additional conditions on the license as it deems fit: ♦ The maximum number of vehicles offered to be sold at any one time shall be established. ♦ The location of vehicle(s) to be sold will be specifically stated. ♦ The location of the repair facility will be specifically stated. ♦ There will be no pennants, banners, windshield signs or other information other than the principal sign unless required by law. The Board may require pricing and other consumer information to be attached to the vehicle in a manner so as not to detract from the general appearance of the site. Adopted 12- 13 -94, Revised 5 -25 -04 Section 3.5 - Issuance of Taxi and Vehicle for Hire Licenses This Section shall be known as the "Town of Reading Rules and Orders for the Regulation of Carriages and Vehicles Used in the Town of Reading, promulgated pursuant to G.L.C. 40, Sec. 22 ". 3.5.1 - Applicability of Rules and Orders Vehicles for hire including taxicabs and liveries (hereinafter referred to as "vehicles ") operating or caused to be operated by non - governmental entities for the transportation of persons from place to place within the Town, or from a point in the Town to another location outside the Town, other than over regular routes or between fixed termini, shall be subject to these rules and orders to the extent provided below. 3 - 5 Board of Selectmen Policies '6 3.5.1.2 - Definition of Livery Livery shall mean a private vehicle licensed as such, including but not limited to, limousines which are used for pre - arranged trips for particular occasions such as weddings, funerals, celebrations or school transportation. 3.5.2 - License 3.5.2.1 - License Required No vehicle shall be driven, operated or caused to be operated as a vehicle for hire without a license first having been obtained for that vehicle from the Board of Selectmen. Each vehicle shall require a separate license. 3.5.2.2 - Application Applications for a license shall be made in writing to the Board of Selectmen and shall provide the following information: 1. The name and address of the applicant, if an individual; or if a corporation, the name, date of incorporation, address of its principal place of business and the name and address of its officers; or if a partnership, association or unincorporated company, the names and addresses of the partners or associates and the address of its principal place of business. 2. The intended place of business within the Town of Reading. 3. The name of the manager or principal representative. 4. Proposed hours of operation, description of proposed vehicle including the make, model, Vehicle Identification Number and age of the vehicle. 3.5.2.3 - Review by Chief of Police No license shall be granted by the Board of Selectmen until the application has been reviewed by the Chief of Police. Ten (10) working days to be allowed for such review. As a condition of issuance and retention of the license, the owner and all employees of the licenses shall make available to the Police Chief or his designees, the manifest used by the taxi company. "Manifest" means a daily record prepared by a taxicab driver of all trips made by said driver showing time and place of origin, destination, number of passengers, and the amount of fare of each trip. 3.5.2.4 - Grant or Denial The Board of Selectmen may upon receipt of an application, issue a license under such terms and conditions as they deem appropriate and in the public interest. The Board, in determining whether to issue a license, may consider the public demand or the proposed service, the effect of the proposed service upon relevant traffic and safety conditions, the character and financial responsibility of the applicant the condition of the proposed vehicle(s), and any and all other relevant facts or circumstances. 3.5.2.5 - Term and Fee Any license issued hereunder shall expire on the last day of December next ensuing, unless sooner revoked or surrendered. Any licensee who permanently ceases to operate the vehicle for which a license was issued shall forthwith surrender the license to the Board of 3 - 6 Board of Selectmen Policies Selectmen. The fee for each license issued shall be fifty dollars ($50.00) per license. This fee shall not be prorated. 3.5.2.6 - Notification as to Vehicle If issued a license, the licensee shall, prior to the operation of the vehicle as a vehicle for hire, provide the following information, in writing, to the Board of Selectmen: 1. The make, model, Vehicle Identification Number and age of the vehicle. 2. A copy of the vehicle's certificate of registration with the Registrar of Motor Vehicles. 3. A copy of the certificate of insurance coverage page for the vehicle. 3.5.2.7 - Insurance A vehicle issued a license hereunder shall be insured. Coverage for "Bodily Injury to Others" shall be no less, than $100,000 per person/$300,000 per accident. 3.5.2.8 - Liability The licensee is at all times responsible for his vehicle and shall be liable for all penalties and /or damage resulting from his operation of the vehicle or the operation of the vehicle by an employee or agent. 3.5.2.9 - Suspension or Revocation The Board of Selectmen may suspend or revoke a license issued under the provisions of this article for good cause. Before suspension or revocation of a license, the licensee shall be entitled to a hearing thereon before the Board of Selectmen. Written notice of the hearing shall be forwarded to the licensee at least seven (7) calendar days prior to the date of the hearing. Such notification shall state the grounds of complaint and the date, time and place of the hearing. The Town Manager may temporarily suspend a license without a hearing for a period of no greater then ten (10) days or until a hearing is held, whichever is sooner, if there is sufficient evidence to indicate that the public safety would be endangered by continued operation of the vehicle. 3.5.2.10 - Assignment or Transfer Prohibited No license shall be assigned or transferred. 3.5.3 - Permit 3.5.3.1 - Required No person shall operate a vehicle, and no licensee shall employ or allow a person to operate a vehicle, unless the operator first obtains a permit from the Board of Selectmen. 3.5.3.2 - Minors No permit shall be issued to a person under eighteen (18) years of age. 3.5.3.3 - Application Applications for a permit shall be made, in writing, to the Board of Selectmen and shall provide the following information: 3 - 7 Board of Selectmen Policies �)(�% 1. Full name and address. 2. Copy of a valid operator's license issued by the Registrar of Motor Vehicles. 3. All previous experience operating a vehicle for hire. 4. Convictions or pleas of guilty to a criminal offense, except as outlined below. If any, state the offense(s), court(s) in which convicted or guilty plea occurred and when the conviction(s) or plea(s) occurred. The following criminal information is not and shall not be requested, examined or considered by the Board of Selectmen: ♦ Arrests, detentions or dispositions in which no conviction or guilty plea resulted; ♦ Convictions which have been reversed or vacated but not pardoned; Misdemeanor convictions or guilty pleas when the date of conviction or plea was greater than ten (10) years prior to the date of application for the permit; ♦ Traffic violations for which there was a finding of responsibility for a period of two (2) years prior to the date of application for the permit or for such period of time as the Board of Selectmen shall request. Failure to give accurate and complete information as required above may be grounds for denial, suspension or revocation of a permit. 3.5.3.4 - Review by Chief of Police No permit shall be issued by the Board of Selectmen until the application has been reviewed by the Chief of Police or designee. Ten (10) working days are to be allowed for such review. 3.5.3.5 - Issuance or Denial An applicant shall be granted a permit only if the Board of Selectmen determines that granting a permit to the applicant is in the best interest of the public. Criminal convictions or pleas of guilty shall not result in an automatic denial of an application but shall be given significant consideration and weight by the Board of Selectmen, taking into account all factors including the nature and gravity of the offense, the time that has passed since the conviction or plea, and the sensitive nature of serving the public as a driver of a vehicle for hire. 3.5.3.6 - Term and Fee Any permit granted hereunder shall expire on the last day of December next ensuing, unless sooner revoked or surrendered. A permit holder who ceases to operate vehicles shall forthwith surrender his permit to the Board of Selectmen. The fee for a permit shall be fifty dollars ($50.00). This fee shall not be prorated. 3.5.3.7 - Picture Identification Card A picture identification card shall be issued by the Board of Selectmen, or its designee, to each permit holder, and shall be displayed prominently in the vehicle when being driven by the permit holder. 3.5.3.8 - Liability A permit holder is at all times responsible for the vehicle he is operating and shall be liable for all penalties and /or damage resulting from his operation of the vehicle. 3.5.3.9 - Suspension or Revocation 3 -8 Board of Selectmen Policies l�' The Board of Selectmen may suspend or revoke a permit granted under the provisions of this article for good cause. Before suspension or revocation of a permit, the permit holder shall be entitled to a hearing thereon before the Board of Selectmen. Notice of the hearing shall be in writing and forwarded to the permit holder at least seven (7) calendar day prior to the date of the hearing. Such notification shall state the grounds of complaint and the date, time and place of the hearing. The Town Manager may temporarily suspend a permit until a hearing can be held in accordance with the procedures set out above, if there is sufficient evidence to indicate that the public safety would be endangered by the continued operation by the permit holder. In no event shall a temporary suspension be for a period greater than ten (10) calendar days. 3.5.4 - Operation 3.5.4.1 - Duty to Transport A permit holder shall not unreasonably refuse to transport a passenger. 3.5.4.2 - Sharing a Ride No permit holder shall accept a passenger when the vehicle is occupied or engaged without the consent of the passenger(s) already in the vehicle. No person shall be obliged to pay any extra fare or fee for refusing such consent. Separate fares shall not be charged to members of the same party. A party shall be considered any number of individuals (not exceeding the passenger capacity of the taxi) with the same origin and destination. 3.5.4.3 - Taxi Stands - Parking — Standing The Board of Selectmen may assign a taxi stand or stands to one or more taxicabs. The Board of Selectmen may also designate specific areas, streets or ways where vehicles may not park of stand. Standing and /or parking on public ways or public property of vehicles not licensed in the Town of Reading is prohibited except while waiting to return a party whose original point of hire was from outside of Reading, when operating in accordance with a Massachusetts Department of Public Utilities license, or when being used for personal (non- vehicle for hire) purposes. 3.5.4.4 - Maintenance of Vehicles Every vehicle shall be kept in good condition, suitable for occupancy and mechanically fit for the safety of passengers. The interior and exterior of the vehicle shall be safe, clean and sanitary at all times. 3.5.4.5 - Inspection The Reading Police Department or its designee shall have the right to inspect any vehicle for purposes of these regulations or as public safety requires. 3.5.4.6 - Smoking Smoking in a vehicle is prohibited. 3.5.4.7 - Appearance of Operator Every driver having charge of a licensed vehicle shall be suitably dressed (sleeved shirt), neat and clean in appearance. 3 - 9 Board of Selectmen Policies �� 3.5.4.8 - Display of License, Picture Identification Card and Rates of Fare Every vehicle when in operation shall display the following cards in a suitable frame so that they are secure and immobile and plainly visible to passengers riding in the rear of the vehicle: 1. License 2. Picture identification card of driver 3. Fares (taxicabs only) 3.5.4.9 - Lettering on Taxicabs Every taxicab operating under the authority of these rules and orders shall have the name or trade name of the licensee and the name "Town of Reading" or "Reading" painted on both sides of the taxicab in letters four inches high and one -half inch wide, painted in two conspicuous places on the taxicab. 3.5.4.10 - Copy of Regulations Every vehicle shall, when in operation, contain a copy of these regulations, which shall be exhibited to any passenger or Police Officer on request. The licensee and permit holder shall be responsible for the implementation of this requirement. 2_S_S - F%roc 3.5.5.1 - Taxicabs The Selectmen shall establish the rates of fare for the conveyance of passengers and baggage, and may revise such when they so determine. The rate of fare shall be governed by fare zones and shall be on file at the Office of the Town Clerk. 3.5.5.2 - Separate Fares Separate fares shall not be charged to members of the same party. 3.5.5.3 - Senior Citizen Discount Fares for all persons sixty (60) years of age and older shall be discounted in accordance with a schedule approved by the Board of Selectmen. When discounted rates are offered, they must be offered to all senior citizens using a taxicab pursuant to the licensing established in this policy. There shall be displayed a sign informing the passengers of the discount. 3.5.5.4 - No Fares in Excess of Established Rates No taxicab permit holder shall demand or receive as a fare more than the fare established by the Board of Selectmen under the authority granted by these regulations. 3.5.5.5 - Livery Rates Charges by liveries shall be subject to mutual agreement between the livery operator and the passenger(s). 3.5.6 - Information Update and Penalties 3.5.6.1 - Information Update 3- 10 Board of Selectmen Policies r \\ �y When any information provided in an application for a license or permit changes or is updated, the respective licensee or permit holder shall give notice thereof, in writing, to the Board of Selectmen. 3.5.6.2 - Penalties The penalty for a violation of any of these rules and orders shall be a fine equal to the fine for a violation of Town Bylaws as set forth in Article 1.8 of the Town Bylaws. Violation of any of the rules and orders herein shall be just cause for suspension or revocation of a license and /or permit. Adopted 7- 18 -89, Revised 12- 13 -94, Revised 5 -25 -04 Section 3.6 — Innholders and Common Victualler's Licenses Chapter 140, Sections 2 of the Laws of the Commonwealth, provide for the licensing of Innholders and Common Victuallers. The Board of Selectmen as Licensing Authority is charged with the responsibility of issuing these licenses, determining that the licensee is a proper person to engage in the business and that there is a suitable place of business. The following rules and regulations are hereby adopted to guide the Board of Selectmen in reviewing and ruling upon applications for Innholders and Common Victualler's Licenses: 1. Each application will be dealt with on a case by case basis. These guidelines are not intended to be a full list of issues to be dealt with by the Board but are guidelines to the applicant. 2. Innholders and Common Victualler's Licenses will be issued only within a commercial or industrial zoning district within the Town, unless such a business shall exist and has pre- dated zoning, or has been granted a variance to do business in a location that is not in a business or industrial zoning district. 3. The applicant shall provide to the Board of Selectmen proof of ownership, a lease, or written approval of the property owner (if other than the applicant) for the use of the premises for the license period. 4. The applicant shall provide to the Town a plan of the premises to be licensed, including an accurate count of the number of seats available. If outdoor seating is to be required, this shall also be included on the plans. 5. The applicant must show through plans or other means that there is adequate space on the premises for all aspects of the proposed operation, including employee and customer parking, in accordance with the Zoning By -Laws of the Town of Reading. 6. The licensee must conform with the Zoning By -Laws of the Town of Reading. 7. Prior to the issuance of an Innholders and Common Victualler's License, the Board may require a review by the Health Division and the Building /Zoning Inspection Division and proof that all necessary approvals, permits, and other licenses needed to operate have been issued. For establishments licensed as Innholders and Common Victualler's, patrons are not permitted to bring alcoholic beverages onto the premises for their own consumption. Licensees are not permitted to keep alcoholic beverages on the premises except for a small quantity that is used in the preparation of certain specialty- cooked foods. The Board of Selectmen as Licensing Authority will at its discretion determine what is reasonable for this 3 -11 Board of Selectmen Policies a purpose, and whether or not it is customary in the preparation of such specialty foods. This policy shall not apply to establishments that hold valid liquor licenses. Adopted 3- 12 -96, Revised 5 -25 -04 Section 3.7 — Entertainment Licenses Chapter 140, Sections 181 and 183A, and Chapter 136, Section 4 of the Laws of the Commonwealth, provides for the licensing of "qheatfiea zlhib-iltieng, P• blie Amusements, ette " The BeaMpublic amusement and other forms of entertainment. 1. General. An Entertainment License is onlv needed for events where: (1) the establishment where the event is to be held is or is required to be licensed under M.G.L. c.140, §2 or M.G.L. c.138, §12; or 2) an admission fee is charged A responsibility, or after free admission, amusement is furnished upon a deposit of issuing these liee ses deter-mining money in a coin controlled apparatus. 2. Definitions. a. Entertainment License shall mean a single event or annual Section 181 License, Section 183A License, or Sunday License. b. Live Entertainment shall mean entertainment that the keensee i a „r° „°ris performed by individuals located on the premises, including, but not limited to, instrumental, vocal, spoken word, dance, or disc jockey performances, theatrical play, Karaoke, carnivals, and traveling circuses. c. Non -Live Entertainment shall include entertainment that does not involve Live Entertainment, including, but not limited to, the amplification of recorded audio or visual performances. d. Section 181 License shall mean a single event or annual license, issued pursuant to M. G. L. c.140, § 181, that authorizes the operation of a theatrical exhibition, public show, public amusement or exhibition of any description where an admission fee is charged or, after free admission, such amusement or exhibition is furnished upon payment of a fee. e. Section 183A License shall mean a single event or annual license, issued pursuant to MG. L. c.140, §183A, to an establishment required to have a Common Victualler's License under M. G. L. c.140, §2, or an On- Premises Alcohol License under M.G.L. c.138, §12, or to a person to engage in owning, managing, or controlling any kind of concert, dance exhibition, cabaret, or public show of any description on any premises required to be licensed under the sections described above, to, as part of its usual business and that there is ° suita le offer to view, set up, set on foot, maintain or carry on a concert, dance exhibition; cabaret or public show of an dy escription. f. Sunday License shall mean a single event or annual license, issued pursuant to M.G.L. c.136, §4 that authorizes entertainment on Sunda 3. Application. All applications for a single event or annual Entertainment License, or renewal thereof, shall be on the form prescribed by the Board, which shall contain the following information: a. The dates of the proposed entertainment; 3-12 Board of Selectmen Policies �� b A description of the conditions of the proposed concert, dance, exhibition, public show, or amusement; c. A floor plan or other plan depicting the area to be licensed; d. A description of the premises on which the proposed exhibition, show, or amusement shall take place -I" b sines °. ; and I Eaeh appheation will be dealt with en a ease by ease basis. e. be issued „,i1y rAn explanation of the extent to which the conditions or premises would affect public safety, health, or order, and the actions proposed to prevent danger to the public health, safety or order. The Board may require such additional information as it deems appropriate, including documentation demonstrating that the property owner authorizes the submission of the application and the entertainment specified therein, if the applicant is not the property owner. 4. Review of Application. Within thirty (30) days of receipt of the application, the Board shall either (i) grant the license, or (ii) order a hearing_ preceded by at least ten (10) days written notice to the Applicant; provided, however, that all applications for non -live entertainment at establishments with an occupancy load of less than people or events with fewer than people shall be constructively granted. If the Board holds a hearing it shall issue its decision within thirty (30) days of the close of the hearing_AU denial shall be in writing. 5. Sunday License. Where required pursuant to MG. L. c.136, &4, a separate application shall be submitted with the appropriate state fee. Sunday Licenses shall not be issued until the Division of Public Licensure has approved the application. 6. Fees. 7. Location. License shall only be issued to premises located in a eem tefeialbusiness or industrial zone, or where the premises is otherwise suitable for such a license:_ 8. Duration. A 4telicense may be lieensed for- live entei*°inment for a full calendar year, or for eaeha single event, -the Tov,%ay deter, If eae-han event is separately licensed, a separate application shall be made and a separate fee shall be charged for each event. Applications for renewal shall be filed by November 1 of each year. 4. For eaeh live enleAainmepA event, 9. Conditions. The Board may_place reasonable conditions on the ^„„li^^„* shall fumish .+e, plete information as to the typeissuance of eoneert, exhibition, dane io mow that is este ; the eendition of the " ses;a license in order to preserve and the aefie s proposed to prevent danger to rop tect the public health, safety and order, to ug and against the creation of a nuisance, or to insure adequate safety and security for patrons or order: the affected public. 3-13 Board of Selectmen Policies . \ S. Fo ° eh a. Live Entertainment. Every License that provides for live - _entertainment eveff4, the lieenseeand any Section 181 License shall be required include the following conditions: i. The Licensee shall protect employees, patrons, and members of the public, both on and off the premises, from disruptive conduct, criminal activity, and from health, safety and fire hazards-.2 ii. 6 For- eaeh live entei4ainment event, the lice see sh 1^ r-equi �a teThe Licensee shall prevent the unreasonable increase in the level of noise in the area caused by the licensed activity or caused by patrons entering or leaving the premises..-; and iii. 7. For- er+ erta �men+ event, tl l cershall h° ed toThe Licensee shall prevent an unreasonable level of pedestrian or vehicular traffic in the area of the event, and to prevent the unreasonable level of increased parking in the area of the premises. 8. The Town may require a Poliee or- other- detail at live entei4ainment venues, depending b. Ticket Price. Section 181 Licensees shall cause the price charged for admission to appear on every ticket of admission. c. Cover Charge. Section 183A Licensees shall conspicuously post, in letters no less than one inch in height the minimum charge or .cover charge to be imposed per event at the licenses premises. Police Detail. Depending upon the anticipated attendance at thean event, and also depending Ripon -the nature of the event. The deeis — to require - P -4- ^ other- detail shall be -as solely at the diseretio.n. of the d. 9. Prior- to the issuanee of an Entet4aiprinent Lieense for- live entei4ainme the Board may require a review by the Health Division, Fire Department, Polie° Dept t 1 the —Buil goring inspection Di vision, -a proof that all neeess > pefinits, and other- lieenses needed to operate have be iPolice or other detail. e. Inspections. All Licensed premises shall be available at all times for inspection by the Board the Board of Health, the Building Inspector, the Police Chief, or the Fire Chief, or any of their designees. 10. Violations. a. SusDension. Revocation or Modification of License. All Entertainment Licenses are subject to suspension, revocation or modification for breach of any conditions, regulations laws, bylaws or policies of the Commonwealth of Massachusetts, the Town or the Board or upon a finding that the Licensee has adversely affected the public health, safety or order. 3- 14 Board of Selectmen Policies b. Hearing. Prior to modifying, suspending or revoking an Entertainment License granted pursuant to the provisions of this Policy, the Board shall hold a hearing preceded by a written notice to the licensee ten (10) days prior to the hearing date. c. Enforcement. Licensees violating applicable laws of the Commonwealth, this Policy, or the terms of its license, may be subject to the following range of suggested orders: i. First Offense: One to three day suspension. ii. Second Offense: Three to seven dgsuspension. iii. Third Offense: Seven to twelve dam pension, or revocation. The suggested orders listed above shall be a_ guide. The Board, in its discretion, may impose an order that is more lenient or more severe than suggested by the guidelines when the facts surrounding the violation so warrant. Revised 5 -25 -04 Section 3.8 — Licenses for Automatic Amusement Devices -, Billiard, Pool or Sippio 'fables, or Bowling Alley Chapter 140, Sections 177 and 177A of the Laws of the Commonwealth, provide for the licensing of "billiard, pool or sippio table or a bowling alley for hire, gain or reward" and "Automatic Amusement Devices." The Beaf.7 for hire, gain or reward," respectivelL. 1. Definitions. a. Automatic Amusement Device shall mean any mechanism whereby, upon the deposit therein of Seleetmen as T ;,,°„sing "uthefitya coin or token, any apparatus is ^'urged with the r-esponsibilityEeleased or set in motion or put in a position where it may be set in motion for the purpose of issuing these Neenses detemi i playing any game involving, in whole or in part, the skill of the player, including, but not exclusively, such devices as are commonly known as pinball machines including free play pinball machines, but not including slot machines as defined in Chapter 23K of the Massachusetts General Laws. b. Section 177 License shall mean a license, issued pursuant to M. G.L. c.140, §177, that the lieen authorizes the keeping of a billiard, pool or sippio table or a bowling alley for hire, gain or reward. c. Section 177A License shall mean a license issued pursuant to M.G.L. c.140, 177A, for the operation of an Automatic Amusement Device. 2. Application. Applications shall be on the form prescribed by the Board. Applications for a Section 177A license shall include the following: a. The street and number of the premises where the device is business. to be kept; b. A description of the premises, and c. The following rules an , g patio s are hereby adeptea to ,.,, jype of automatic amusement device to which it relates 3-15 Board of Selectmen Policies �� 3. Review of Application. a. Section 177 License, Public Hearing. No original license shall be granted, except after a public hearing by the Board .,,,p';,.ations rm , notice of which shall be given, at the expense of the Applicant, by publication not less than seven (7) dgys prior thereto in a local news medium. The Applicant shall also send, by certified mail, not less than seven (7) days prior to the hearing, notice to all owners of real estate abutting the land on which is located the premises for which said license is sought or directlYopposite said land on M public or private street, as such owners appear on the most recent local tax list. b. Section 177A Licnese, No Public Hearing. No public hearing is s required. 4. Duration. All Section 177A Licenses €o-r--shall expire on December 31 of each year. Applications for renewal shall be filed by November 1 of each 5. Conditions. The Board may place reasonable conditions on the issuance of a license in order to preserve and protect the public health, safety and order, to ug and against the creation of a nuisance, or to insure adequate safety and security for patrons or the affected public. a. Inspection. Licensed premises shall be available at all times for inspection by the Board, the Board of Health, the Building Inspector, the Police Chief, or the Fire Chief, or any of their designees. b. Section 177. Section 177A i. Gambling_ Automatic Amusement Devices. utematie Amuseme Deviees inelude these th4 afe eoin or other-wise operated, as well as th that are fee for- pla, : shall not be used for the purposes of gambling_ ii. 3. Sightlines. Automatic Amusement Devices licensed under this policy shall be so installed on the premises so as to be in open view at all times while in operation, and shall at all times be available for inspection. 3- 16 Board of Selectmen Policies �� 6. Suspension or Revocation. The Board may, after written notice to the Licensee, suspend or revoke such licenses after a public hearing. Revised 5 -25 -04 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 3-17 Board of Selectmen Policies `'� order to address these issues, the Board may require a site plan from applicants, drawn to scale, and showing locations of these features and their relation to abutting residential buildings. 9. Prior to the issuance of a waiver on the hours of retail sales, the Board may request a review by the Health Division, Police Department, and the Building /Zoning Inspection Division and proof that all necessary approvals, permits, and other licenses needed to operate have been issued. 10. A waiver to allow retail uses prior to 6 a.m. is not a waiver of any other bylaw or regulation of the Town of Reading or other agency having jurisdiction. 11. Parking lot cleaning, and other maintenance operations (excluding emergency work), and deliveries shall not take place between the hours of 9:00 PM and 7:00 am. Rubbish collection and recycling shall not take place between 9:00 PM and 6:30 am. Adopted 6126107 Section 3.10 — Licenses for Utilizing Public Sidewalks for Outdoor Dinin The Board of Selectmen desires to encourage restaurants to provide outdoor dining on public sidewalks in the downtown area of Reading in a safe and orderly manner. Outdoe Upon site plan approval by the Community Planning and Development Commission, outdoor dining on private property may be permitted in addition to or in lieu of outdoor dining on a public sidewalk, upon site plan approval by the Gerffintini�y Planning and Developme Commission. . This policy addresses only outdoor dining on public sidewalks. The following regulations shall apply for licenses for utilizing public sidewalks for outdoor dining, or "Outdoor Dining Licenses —:." 3.10.1 Application 1. Eaeh applieation will be dealt with on a ease by ease basis. 441--es-e--g". are no', intended to be a full list of issues to be dealt with by the B_ oEffA btA are guidelines to the �plieanl. Appheations 1. Eli ig bility a. Only Inn- Holders and Common Victuallers may apply for an Outdoor Dining r : o o „+:l:. ing publi . side== alkyl icense. b. The licensed outdoor seating area must be abutting the establishment. c. The establishments must be located within a business or industrial zoning district, unless the business pre -dated zoning, or has been granted a variance to do business in a location that is not in a business or industrial zoning district. d. 2. Applications. Applications shall be peon the Board of Seleetmen by submission of an n ppheatio,, F,,..,V. The a =.=lieat:,_n w llform prescribed by the Board, and shall include the namefollowing. 3-18 Board of Selectmen Policies \'� d a. Name, address, email address, and telephone number of the owner of the establishment and the building within which the r-estaur establishment is located—,TT-oef (if different b. Proof of ownership, or a leased and written approval of the property owner -=,;t� i .,,, , , ti.° , °+,,,,,ant is l,,e t °,a (if other- than the applieart) for the use of vozcmir- am =cri cn��c�cuara7rc�rsro ..�.... ��� .,..�... .....,..� ...,., .,t.t..........� the premises for the license period. The appl e do shall b° —igne b- s c. Signature of the owner of the r-estaiffapA and shall be meempaniGdby- aestablishment; 2-.!LA copy of the current Permit to Operate a Food Establishment issued by the Board of Health-q 3-e The .,,,p';e on. sha4l also include Five 5) copies of a professionally drawn plan depicting the location of all property to be placed on the sidewalk and all supporting documents containing the information required in order to be able to make a decision as to the license, and shall also iftehide a plan for- outdoor- lighting if any is pfepesed.2 f. A plan for outdoor lighting if f and proposed, and g. If alcoholic beverage service is proposed: i. A copy of the establishment's liquor license documenting that the public sidewalk is within the premises licensed, or in accordance with Section 3.2 of these Policies, an application to alter the license premises to include the public sidewalk; ii. A detailed alcohol control plan that includes what steps the manager will take to ensure that alcohol remains within the licensed premises, si ng age, and staff instructions; and iii. Updated server training certificates for all individuals required to be certified pursuant to Section 3. 2 of this Policy. 3.10.2 Revocable at Will 4. The Outdoor Dining License is revocable at will by the Board for any reason whatsoever upon written notice to the Licensee from the q- ewnBoard. The License Agreement shall stipulate that in the event of such revocation, the Licensee shall have no recourse or claim against the Town for such revocation whether by way of monetary charges, a suit in equity or otherwise. 3.10.3 License Fee The initial license fee and the renewal license fee is $100, and shall be payable upon application for an Outdoor Dining License or renewal thereof. 3.10.4 Duration of License The Outdoor Dining License is valid for the period between April 15 and October 31 of each year. License renewals must be submitted by of each year. 3.10.5 License Conditions 3-19 Board of Selectmen Policies .- - - . 8. Applioants t, hold an „ieohulie bevefages license and who eleet to apply for- their- shall provide a detailed alookol eont+ol planAtrategy as pa-14 of VUIUVVl L111111g bieense appheation paeket. The aleohel eontrol plan shall inelude what steps the managef shall take to ensufe that aleohel remains enly on the lieensed premises (ineluding4he i staff instmetions, Monit of the otAdoor- dining i ete. The applioant shall also submit as paA of the applie paeket the aleohel server- tFaining eei4ifieates for- all managers a-ad servers of r-estaur-eat L i 1. is l' .a to sell .,l,.s.i,olie beverages addition to those articled below, the Board may impose such additional conditions as it determines to be appropriate. 1. Alcohol. 9 —There shall be no service of lcoholic beverages unless permitted by the e ,s+,,mer also orders food4remBoard and the menu. 4&a. The area lieensed for- outdoor dining shaP be limited to the sidewalk area iinunediately abt4fing an establishment otherwise lieense'a as - ca "" ennnon VieWaler-", and the heensee shall limit the plaeement of seating and other- etAdeo fumishngs— to— the sidewalk — immediately in front —of the wed establishmentholds a liquor license that includes the public sidewalk as part of the licensed premises. b. There shall be no bar or service bar located on the public sidewalk. 3-20 Board of Selectmen Policies , 01 LEM N--- M-t---- 8. Applioants t, hold an „ieohulie bevefages license and who eleet to apply for- their- shall provide a detailed alookol eont+ol planAtrategy as pa-14 of VUIUVVl L111111g bieense appheation paeket. The aleohel eontrol plan shall inelude what steps the managef shall take to ensufe that aleohel remains enly on the lieensed premises (ineluding4he i staff instmetions, Monit of the otAdoor- dining i ete. The applioant shall also submit as paA of the applie paeket the aleohel server- tFaining eei4ifieates for- all managers a-ad servers of r-estaur-eat L i 1. is l' .a to sell .,l,.s.i,olie beverages addition to those articled below, the Board may impose such additional conditions as it determines to be appropriate. 1. Alcohol. 9 —There shall be no service of lcoholic beverages unless permitted by the e ,s+,,mer also orders food4remBoard and the menu. 4&a. The area lieensed for- outdoor dining shaP be limited to the sidewalk area iinunediately abt4fing an establishment otherwise lieense'a as - ca "" ennnon VieWaler-", and the heensee shall limit the plaeement of seating and other- etAdeo fumishngs— to— the sidewalk — immediately in front —of the wed establishmentholds a liquor license that includes the public sidewalk as part of the licensed premises. b. There shall be no bar or service bar located on the public sidewalk. 3-20 Board of Selectmen Policies , 01 44-.c. All alcohol service shall be limited to customers who are seated at a table.. and who orders food from the menu. 1-2. –Ptie to the seasonal and temper-afy nature of an otAdoof dining area, the seating within outdoof dining area will not be eonsider-ed an iner-ease in the fmmbef of seats sef-Vill., Cc restaura+A or eating establishfnent and will not be eoufAed toward any off st-Feet parl4ag regoiremer�t d The Licensee shall comply with Section 3.2 of this Policy, including the provision regarding outdoor service of alcohol. 4-3-2. Board of Health. Outdoor dining areas shall be considered as part of the restaurant and shall comply with Board of Health Regulations. In addition to any other requirements, smoking is prohibited in seasonal outdoor dining areas per Board of Health regulations. 44:3. Barriers. The Board of Seleetme may require outdoor dining areas to be separated from their surroundings by a temporary removable perimeter barrier. No such barriers may damage the public sidewalk. 4. Property on Sidewalk. a All furniture and other items shall be placed on the sidewalk as depicted in the plans submitted to the Board. b. Perimeter treatments, umbrellas, furniture and trash receptacles shall be supplied by the applic-arttLicensee and shall be maintained in a safe and sanitary manner -key the appli m4. 45-.c. All perimeter treatments, umbrellas, furniture and trash receptacles must be removed at the end of each season —the license term. d. The The lieensee -shall provide, maintain, and -empyy as ne ded,Licensee shall comply with any notice form the Department of Public Works or other public safety personnel that construction public safety, or whether requires the removal of the Licensee's property from the sidewalk. 5. Cleaning Requirements. 46-.a. The Licensee shall provide and regulatory maintain outdoor trash receptacles during the times that the licensed premises are open for business. All trash receptacles shall be covered and trash removed nightly. 4-7-. b. The IioenseeLlcensee shall be respo nsible for- keepingkeep the portion of the sidewalk subject to an Outdoor Dining License clean and free of dirt, dust, and other debris from April 15 through Oetebef 31 of eaeh yeaf. in addition, the Outdoor Dining. The Licensee shall rp event and/or 3-21 Board of Selectmen Policies �� oleanning clean up litter from the licensed establishment in areas abutting the licensed pr-emises:premise created by the licensee's use of the public sidewalk. 4-8-.6. Accessibility. In no event shall the placement of outdoor dining furniture, umbrellas, or perimeter barriers create a pedestrian or wheelchair passage along the public sidewalk of less than four feet in width. Resta • avAs sha ia., °All establishments must maintain an accessible path of travel at least 36 inches wide from the traveled portion of the public sidewalk to the doorway(s) of the establishment through the outdoor dining area. The dining area must be accessible and meeting_ the Americans with Disability Act and Massachusetts Architectural Access Board's regulations (521 CMR 17.00 . 4-9-.7. Outdoor Food Preparation. Outdoor food preparation shall not be allowed unless approved by the Board of Health in accordance with their procedures and regulations. 201. The OuWoer- Dining Lieense shaP be eonsider-ed anniia4ly and every Neense shall e Wer-ks or- from -1 lie S ' t., personnel that weather- eenditions or- work to be per-fenned on the pr-opet4y of the Town tenieval of the etAdeof dining fumiture, the appheant shall 3.10.6 License Agreement, Insurance, and Claims License ffem the publi , property.- 1. if the- liieens ed by the Board of c°'°° *m°„ the Agreement. The owner and operator of the reestablishment shall sign a License Agreement and shall provide mired Certificate of Insurance - before. Prior to issuance of the License and before eommeneement of any aetivifies under the hieense. 2. The- the Licensee shall provide ewe roof of insurance as r-eq ii:e b -Lo the Town Manager and by State Statute. Sued . The insurance policy shall cover the useoberations of all equipmet# related :[ the related toestablishment within the Outdoor Dining hieense. The licensed sidewalk area list the Town as an additional insured and conform with the following: a. Comprehensive General Liability Policy shag4nsuio -again6t- l i�, --and demands for- bodily injufy and prepet4y damage with tespeet te the sidew-al dining faeilities and ser-viees, and the T&A% shall be named as an "additien ins 'e " in all peheies -of sueh insufanee. if aleehel sale and ser iee is ty^ be ppc�sr"�c of the outdoor dining heense, a liiqtter* b. Worker's Compensation Coverage (per Massachusetts Law) and Employer's Liability Coverage. Coverage A at statutory limits and coverage B at limits of $100,0001$500,0001$ 100 000. 3-22 Board of Selectmen Policies c. Umbrella Liability Coverage: Following the form of underlying General liability i�ee pokey shall also be zeguir-°e- and Employers' liability $1,000,000 combined single limit. d. Liquor Liability Policy (if alcohol is sold): Coverage for bodily injury or death for a minimum amount of $250,000 on account of injury to or death of 1 person, and $500,000 on account of any 1 accident resulting in injury to or death of more than 1 person. 23-3. Hold Harmless /Indemnification. The Licensee (and their heirs, successors and assigns in interest) shall hold harmless, defend and indemnify the Town of Reading and--its- officers, employees and agents from and against any r-°spefls bilit ,, liability and all damages, liabilities, actions, suits, proceedings, claims- afising, demands, losses, costs and expenses (including reasonable attorneys' fees ) that may arise out of or ,.min connection with to Licensee's use of the public sidewalk covered by the Outdoor Dining License by Licensee and any and all of Licensee's operations performed under the Outdoor Dining License. regulations, Zoning by laws), vales, 25. The lieense fee for- the use of the publie sidewalk sha4l be $100 per- year- and shall be payable upon initial appli.eation for- an Outdoof Dining Lieense, and �ar annual r-enew-al e the l 7e. 11100 111 1_1 I • ... .. • • • MVM - .. ... .. ...• . • • • • .. •.. . . Adopted 7 -14 -09 amended 5111110 Section 3.11 — License for Portable A- Frame /Sandwich Board Si ns 3.11.1 - Purpose and Intent This policy is developed in order to promote a pedestrian friendly community that supports businesses. —The regulation of Portable A- Frame/ and Sandwich Board Signs (collectively "A -Frame Signs„) is intended to balance the aesthetic, safety, and economic development needs of the community. By regulating this use, sidewalk access will be preserved for pedestrians, particularly those with disabilities; and required ongoing maintenance of sidewalks including snow and ice control can be accomplished. 1. Eligibility. _ A -Frame ¢° „o­d- °General 3-23 Board of Selectmen Policies a as G a] 2. Peanits S_ ignsns are valid for one ea4endar- year oeffibef 311) or- r-emainde thereof-, and must be renewed annually. The lieense 4e—atilize the publie way will eontinue as long as a per-Mit is issued a-ad renewed for- eenseeutive years. 3°a ble n F,..,me /c,,.,a.,,ie BearA signs reonly permitted in the Business -B zoning district 4:b.T e Beafd of Selectmen will generally issue h,moos and r ,.,,,;+s ofilyLicenses may be issued for retail business uses and consumer services, excluding banks, realtors, attorneys, medical practitioners, and other similar business uses for which a portable /sandwich board sign is not usual and sustemafycustomary. c. Only one portable A -Frame Sign per business is allowed. d. Applicants must be current on all municipal taxes, fees, assessments, betterments, or any other municipal charges before the license may be issued. 2. Application. Application shall be by the business owner as opposed to the Sign maker or installer, and shall be made on the form prescribed by the Board. Two copies of the completed application and required attachments shall be submitted. The application shall include the following information: a. Business name and address; b. Business owner contact information with email address and telephone number:. c. Proof of ownership or a copy of the lease and written authorization for the placement of an A -Frame Sign from the property owner, d. Color drawing of the proposed A -Frame Sign, documenting the materials and colors, and a site /plot plan to scale showing the proposed A -Frame Sign location and dimensions of the sidewalk distance to the business entrance and relationship to adjacent buildings, roads, driveways, and other street amenities such as trash receptacles, fire hydrants, utility fixtures, etc., and e. Photographs of the area where the proposed A -Frame Sign is to be located, showing the storefront, building(s), the existing signs, abutting_ properties and the streetscape surrounding the proposed A -Frame Sign. 3. Renewal. If there are no changes to the parameters of the A -Frame Sign and its placement in a public way, the license holder may apply for a license renewal without resubmitting the attachments to the original gpplication. The Board reserves the right to renew or deny the annual license in its sole discretion. The Board may delegate the license renewal process. 4. Fee. The annual license fee shall be $50.00 for the first year or part thereof, and $25 per year for annual renewals. 5. Duration. Licenses are valid for one calendar year January 1 — December 31't) remainder thereof, and must be renewed annually. 3-24 Board of Selectmen Policies 5 6;� 6. Content. Nothing in this policy is intended to regulate the si nage based on content or preclude a business owner from changing; the message during the year. 7. Non - Transferable. The license is non - transferable. 8. Revocable at Will. The A -Frame Sign License is revocable at will by the Board for any reason whatsoever upon written notice to the Licensee from the Board. The License Agreement shall stipulate that in the event of such revocation, the Licensee shall have no recourse or claim against the Town for such revocation whether by way of monetary charges, a suit in equity, or otherwise. 3.11.3. Delegation The Authority to grant and renew licenses is hereby delegated to the Community Services Director /Town Planner. Any decision by the Community Services Director /Town Planner regarding A -Frame Sign Licenses may be appealed to the Town Manager, and the Town Manager's decision is subject to further appeal to the Board of Selectmen. 3.11.4 - Conditions In addition to any other conditions imposed by the Board, the A -Frame Sign shall conform with the following: 1. Size and . Weiaht. &.a. The maximum height of-a Sign shall be 4 feet; 6.b.The maximum sign area shall aot -& Rbe 6 square feet per side, with no more than 2 sides; and c_ :The A -Frame Sign shall be sufficiently weighted to prevent it from blowing over. -7-.2.Location. oa_May be on public or private property; ob. Shall be located within 15 feet of the business entrance (unless granted a visibility hardship, see Section 3.11.5); oc_ MwAShall be leeated 1p aced so as to emaintain a minimum of 4 feet (48 inches) of an unobstructed walk -way for safe pedestrian passage and shall not obstruct pedestrian movement; od. Shall be :meet toplaced and maintained in compliance with all applicable federal, state, and local regulations for handicapped accessibility1 ,se. MustShall be located in a manner that does not obstruct site lines or vehicular traffic; of. f MustShall be located at least 20 feet from the intersection on corner lots; og_Shall be located at least 20 feet from another PeFtable-A-Frame/Sandwieh Board sign Sign; 3-25 Board of Selectmen Policies �� must be removed at the end of the business day. *h. M"Shall not be located on landscaped islands or other planted areas; *i_MstShall be freestanding and not attached to any public appurtenance such as a bus shelter, sign post„., light fixture, trash barrel, bench or other similar item; and *j_MayShall not include attachments like balloons, flags, banners, lights, reflectors, or other items;. • Must be €roiently weighted to preve blowing even 3. Materials and Condition. a. The sign material shall be weather resistant, shall not be reflective, and shall not include any ype of illumination; and b. The A -Frame Sign shall be maintained in good condition. 4. Removal of Signs. a. The Licensee must remove the A -Frame Sign at the end of each business dam b. All A -Frame Signs must be removed at the request of public safetypersonnel, as well as during all snow emergencies; and c. The Town may remove any sign placed in a public way in violation of this policy at the sign owner's expense. 5. License Agreement. As a condition of the issuance of an A -Frame Sign License, all Licensees must sign a License Agreement, as provided in Section 3.11.6. 3.11.5 — Visibility Hardship— Businesses may apply for a i,.,,.dship for- waiver of the placement efsigaslimitations in this t)olicy by anolving for a visibilitv hardship to receive permission to Mace an A -Frame Sian on the major access roads due to their location in an alleyway or other area that restricts visibility of the business from major roads. Applicants shall demonstrate this hardship with photos or other supporting documentation. -If a hardship approval is granted, signs shall be located on the street closest to the business. -All of the other requirements for peAable -A -Frame signs Signs shall apply. OthIff 8. The sign shall be maintained in geed ; 9. Only one peAable A ftame sign per- businesses is a4lowed; 10. The sign material shall be weather- resistant, shall not be refleefive, and shall not inelude any type of illumination; W. Pei4able signs shall be removed dufing a deelar-ed snow emergeae-y-. 12. Th . it is non transferable and appheation for sueh pemit Must be from th AI'Affier- (not the sign installef�makeo-. 1 Z The p mit of <,a4i for- ., other- business et: 1...,afie,, other- tbia what , approved by the original 1J. 7 and the advel4ising on the sign shall only apply to the business fe whieh the permit was gr-anted. 14. Pelifieal sta4emeats or- messages are pr-ehibited. 3-26 Board of Selectmen Policies t�a"101 3.11.6 — License Agreement 4. License Agreement. The owner and operator of the establishment shall sign a License Agreement. 5. Certificate of Insurance. Prior to issuance of the License, the Licensee shall Drovide broof of insurance to the Town Manager. The insurance policy shall cover the licensed sidewalk area, list the Town as an additional insured, and conform with the following: a. Comprehensive General Liability Policy: b. Worker's Compensation . Coverage (per Massachusetts Law and Employ Liability Coverage. c. Umbrella Liability Coverage: -1-5-.6. Hold Harmless /Indemnification. The Licensee (and their heirs, successors and assigns in interest) shall hold harmless, defend and indemnify the Town of Reading and its officers, employees and agents from and against any and all damages liabilities actions, suits, proceedings, claims, demands, losses, costs and expenses including reasonable attorneys' fees) that may arise out of or in connection with to Licensee's use of the public sidewalk covered by the sign license by Licensee and any and all of Licensee's operations performed under the license. The Licensee also agrees to indemnify the Town of Reading or its agents from damage to signs resulting from plowing or other public works maintenance. 16. Applieaa4s must be etiffent on all tfflies ef fees owed to the Town prior- to the applieati for a it f-1 3-27 Board of Selectmen Policies C' ON f-1 3-27 Board of Selectmen Policies C' Approved 10 15 110 Amended 1 -4 -11 3-28 Board of Selectmen Policies NFA - - -- •- .. .. .. .- _. .. ..... _ ... .. ,. Approved 10 15 110 Amended 1 -4 -11 3-28 Board of Selectmen Policies - - -- •- .. .. .. .- _. .. ..... _ ... .. ,. - .. - -- - -- �. WMVq-9r-Vffrw7. . .. .- - Approved 10 15 110 Amended 1 -4 -11 3-28 Board of Selectmen Policies List of Liquor of Licenses — 2017 Renewals All Alcoholic — Restaurants Anthony's Coal Fired Pizza — 48 Walkers Brook Drive Bertucci's Italian Restaurant — 45 Walkers Brook Drive Cafe Capri — 355 Main Street Chili's Grill & Bar — 70 Walkers Brook Drive Chipotle — 46 Walkers Brook Drive Fuddruckers — 50 Walkers Brook Drive Biltmore and Main Bar & Grill — 530 Main Street Longhorn Steak House — 39 Walkers Brook Drive Mandarin Reading Restaurant — 296 Salem Street Oye's — 26 Walkers Brook Drive Ristorante Pavarotti — 601 Main Street Fusilli's Cucina — 107 Main Street Venetian Moon Restaurant — 680 Main Street Bunratty Tavern — 620 Main Street Wine & Malt — Restaurants Bangkok Spice Thai Restaurant, 76 Haven Street Wine & Malt — General on Premise The Art Lounge on Haven, 78 Haven Street All Alcoholic — Clubs Knights of Columbus — 11 Sanborn Street Meadow Brook Golf Club — 292 Grove Street Reading Overseas Veteran's, Inc. — 575A Main Street Reading Veteran's Association/American Legion — 37 Ash Street All Alcoholic — Package Stores Anstasi Brookline Inc. d /b /a Reading Fine Wines and Spirits, 25 Walkers Brook Drive HT Reading Liquors LLC d /b /a Baystate Liquors — 345 Main Street Jay and Ricky Inc. — 214 Main Street Raksha Inc. d /b /a Square Liquors — 13 High Street Kajal and Kevin LLC d /b /a The Liquor Junction — 1 General Way Pamplemousse Inc. d /b /a Pamplemousse— 26 Haven Street orR� Town of Reading a Meeting Minutes 0 Board - Committee - Commission - Council: Board of Selectmen Date: 2017 -10 -24 Building: Reading Town Hall Address: 16 Lowell Street Purpose: General Business Attendees: Members - Present: Time: 7:00 PM Location: Selectmen Meeting Room Session: Version: Chair John Arena, Barry Berman, Dan Ensminger, John' Halsey, Andrew Friedmann Members - Not Present: Others Present: Town Manager Bob LeLacheur, Town Accountant Sharon Angstrom, Town Appraiser Victor Santaniello, Executive Assistant Caitlin Saunders, Bill Brown, Barbara Melanson, Vanessa Alvarado Minutes Respectfully Submitted By: Topics of Discussion: Chairman John Arena called the meeting to order at 7 PM. Liaison Reports Mr. Friedmann attended the Trails Committee meeting. They are currently preparing their presentation for the Mass Trails Conference. The trails committee takes care of 462 acres of trails in town and they do it with a very little budget. Mr. Berman noted the library is exploding with usage. CPDC has been having meetings regarding the Gould Street project and the developer and making some changes due to pushback. The YES for Reading event displayed many teachers talking about their day -to- day struggles. Mr. Halsey wanted to note Recreation Committee is dealing with a problem on the turf field. Users are not shutting the lights off at night after they are done. The committee will be taking up a policy because of how frequently this is happening. The town does not pay that electric bill for the lights, the tenant of the field that night does. He also noted the Birch Meadow Committee is coming back together. Mr. Ensminger explained the Board of Health is having a hearing on pesticides and will be working on getting some guidelines over to the Selectmen. We are currently working on putting together a list of all vacant associate positions across all boards and will post those soon. Mr. Arena attended the Financial Forum and the YES for Reading event. He also attended the HRAC meeting and they plan to support MLK Day celebrations along with the RED group. He noted he also watched the CPDC meeting and saw a packed room with abutters. Mr. Arena then asked the group if they had interest in meeting on the 14th to review the Page 1 1 0 BOS survey results together with the School Committee, Finance Committee and Library Trustees. Vanessa Alvarado asked if the School Committee and Finance Committees will get the survey results prior to the November 14th meeting to look at. Mr. Arena explained it's not that easy and they need to figure out the best way to present it. Mr. LeLacheur explained that the meeting on the 14th can be looked at as the start of this and to open the dialogue with all the boards. Mr. Berman asked Mr. Arena if there was any news on HRAC and Mr. Arena noted he would like to extend them a year since they are making good progress. Mr. Arena also took a moment to announce he will run again for Selectmen next term and would like the support of the town. Public Comment Bill Brown asked if Town Counsel has been to see Memorial Park or Oakland Road. Mr. LeLacheur noted they have seen Memorial park and they are looking at it. Town Manager's Report Mr. LeLacheur noted JAMS for Jake is this Sunday. RMLD has dropped the ball and told us just this week they cannot get power to the field. Two town employees have volunteer their time and resources and will step up and make sure it happens. He would like to thank them for that. The Police and Fire did a presentation about their active shooter trainings and they received a lot of great feedback from other towns. Both departments work very well together. Mr. LeLacheur then read a memo he wrote to the board and is included in their packet. Mr. LeLacheur's memo stated the decline we have seen recently in the discourse of the town that only seems to continue spiraling downward. He noted last week he had to refer two incidents of discourse to the Police for investigation. One incident was a threat made a public meeting to an employee and one was a letter written to an employee directed at specific boards and employees. These behaviors are beginning to surface more and more at public meetings and there is something we need to do about it. Mr. Halsey noted we have a member of a volunteer board who sent a letter to an employee that is completely inappropriate and unacceptable. This cannot go unnoticed. Mr. LeLacheur explained at this time he does not believe either incident is a serious threat. After speaking with Police, the comment that was made at a meeting seems to be a misunderstanding. The member who wrote the letter did send a new letter, however, did not apologize or show any remorse for his original words. Mr. Berman noted he believes the things that were said in the letter are not things someone would say face to face and the incident is more of a keyboard bullying issue. He thinks we need to be sensitive to the fact that this is big project he is talking about in people's backyards. Mr. Arena explained that as soon as words become threats that is not okay. This is over - the -line coming from another Chair of a board. Mr. Ensminger wanted to remind the board almost every property in this town abuts a residential area and property owners have a right to develop their property. Mr. Friedmann noted he thinks this needs to be viewed in context as peoples tensions are running high right now about this project. He also noted he believes the Chair sent the letter as a citizen and not as the chair of the board. Page 1 2 l�� Mr. LeLacheur wanted to inform the board the only reason he involved the Police is because he was obligated to after more than one person came to him saying they felt unsafe after the threats were made. Mr. Halsey noted he understands the situation and the neighbors wanting to have a say in projects in their backyard, however, the board has obligations to support the Town Manager and his staff. When his staff is being threatened we need to help take care of that. This person officially needs to be talked to because this is not acceptable. Mr. Arena stated there has been no apology from this individual. Mr. Berman suggested writing him a letter and explaining why they are upset. Change of Manager - Chili's All their paperwork is in order and the Police find no reason for the change of manager to happen. Mr. Ensminger moved that the Board of Selectmen approve the change of manager for an Annual All Alcoholic Beverages Restaurant License - Pepper Dinning, Inc. d /b /a Chili's at 70 Walkers Brook Drive, Reading, MA. Town Accountant Quarterly Report Town Accountant Sharon Angstrom was present to update the board. FY17 Revenues are 1.3 Million over estimates while FY17 Expenditures are 1.6 Million under budget. Mr. Ensminger commented that this may lead people to think we saved a ton of money, however, it is important to advocate that is not quite the case. Ms. Angstrom gave a 5 year free cash analysis. Our reserves are 10.28 Million. Mr. Berman noted he thinks it is also important for us to define and explain this better to residents. Mr. Halsey noted trying to find the proper and most efficient way to communicate that is difficult. Mr. Arena asked if our free cash number is similar to our peers. Ms. Angstrom noted it's hard to compare equally because different towns reserve their money in different ways but yes it seems we are in line with others. Mr. Friedmann asked if it was fair to say our reserve fund is like a savings account for most people and Ms. Angstrom noted yes that is a way to look at it. Ms. Angstrom noted she is currently working on getting our free cash number certified with the Department of Revenue. She also handed out a TLT breakdown of all the fees we have paid for that litigation and the HRAC donation list. She noted the Selectmen can vote to accept the donations and then she can move them over to a town account. Mr. Berman made a motion to accept the HRAC donations totaling $1,392.97. The motion was seconded by Mr. Berman and approved with a 5 -0 -0 vote. George Kachen urged the board to talk a resolution to explain free cash at Town Meeting. Review Senior Tax Relief Town Assessor Victor Santaniello made a short presentation to the board and explained to them that they can either vote to provide relief at a 1x factor, 1/2, or double the circuit breaker. Only 182 seniors were approved for the Senior Circuit Breaker totaling $181,096. The rate the Selectmen set will be shifted within the residential class or properties to pay for the relief. Mr. Arena explained this could and probably will gain popularity and would be inclined to set the rate at the ix factor. I 3 Page �03 Mr. Santaniello said even though there is not a lot of applicants this year, there could be unexpected consequences next year if you suddenly have 600 applicants. Mr. Halsey wanted to remind the board the other households pick up the burden. The board is doing the right thing here and we need to think of this are more than a number. Mr. Ensminger made a motion to set the Senior Tax Relief Rate at a 1x factor. The motion was seconded by Mr. Berman and approved with a 5 -0 -0 vote. Preview Tax Classification Mr. Santaniello then went on to discuss the tax classification and rate the Selectmen need to set. Reading has never had a split tax rate. If the matching senior tax relief were granted, the single tax rate would raise $0.04 bringing it to $13.83. He then explained if they split it at 1.0028 *, DOR only takes 2 decimal places so the rounding error would still get us to the same $13.83. He did note that it is possible that some households or commercial properties may be a penny off. The board had a lengthy discussion about shifting on residential vs. commercial. They understand small businesses would be affected but they cannot pick and choose to only tax the large businesses. They also understand there are struggling households in town as well. The board felt conflicted trying to come up with answer that would please most. Vanessa Alvarado asked when the board would actually be voting on the split tax rate and it was noted at their November 7t" meeting they would make the final decision. Depot/ Compost Stickers Town Manager Bob LeLacheur noted the Board does not need to hold a hearing to change the fees if they are ready to change them tonight. Mr. Arena noted they have talked about this multiple times before tonight and asked the board if they felt comfortable moving forward tonight. There was a consensus because of timing that they should set the fees tonight as people will start to buy the stickers around Thanksgiving for next year. Mr. Friedmann expressed he does not want to increase the fee if the price of service has not gone up. It was noted this fee has not been changed in many years and is vastly underpriced. Mr. Ensminger explained his thoughts are to keep the depot sticker at $25 with a senior discount of $15 and charge $125 for the combine depot /compost sticker, with a senior discount at $100. Mr. Halsey commented his thoughts are to charge $200 for the depot sticker with no senior discount. Mr. Berman expressed that he does not think this is the right solution and perhaps charging daily would be better because there are people who only commute a couple times a year. Bill Brown noted Wakefield charges by the day. Vanessa Alvarado noted that is a 800% increase to the fee and asked what the cost is going to be for all the extra policing that is going to be needed when people start parking in the neighborhoods. Mr. Friedmann feared this is too much of an increase too fast. Mr. Halsey noted we have to account for everything that goes into this to cover the costs. Page 1 4 Mr. LeLacheur noted the people who park in the neighborhoods are going to park there no matter what the cost is. Mr. Ensminger made a motion to set the fee for the combine depot /compost sticker to $150 and just the compost sticker to $25 and $15 for seniors. The motion was seconded by Mr. Berman and approved with a 5 -0 -0 vote. Vote Warrant Articles Mr. Ensminger, second by Mr. Friedmann, move that the Board of Selectmen recommend the subject matter of Articles 3, 4, 6 and 7 of the November 13, 2017 Subsequent Town Meeting. Mr. Berman asked about the plastic bylaw article and if they ever held a hearing on that. It was noted that they were having a meeting tonight, an informational one and they have talked to the some of the grocery stores. Town Manager Review Mr. Ensminger noted Mr. LeLacheur had generally a good review. Mr. Arena noted we are lucky to have Mr. LeLacheur. Communication seems to be something to be worked on. Mr. Halsey explained the cogent path forward that Mr. LeLacheur came up with last budget season was great. He then noted we should formally ask the School Committee to formalize if they're not going to need our funds we set aside for them. He thanked Bob for his service to the town. Mr. LeLacheur noted he is glad that the Selectmen and himself have a good relationship. He also noted he is thankful for his good employees. He explained that he thinks of the volunteers as the Selectmen's purview but if they wanted him to start treating them like his employees he can if that is what they want. Mr. Halsey explained he thinks the board should keep handling the volunteers. Minutes Mr. Ensminger moved that the Board of Selectmen approve the minutes of September 5th as amended. The motion was seconded by Mr. Berman and approved with a 5 -0 -0 vote. Mr. Ensminger moved that the Board of Selectmen approve the minutes of September 26th as presented. The motion was seconded by Mr. Berman and approved with a 5 -0 -0 vote. Mr. Ensminger moved that the Board of Selectmen adjourn at 10:50 PM, second by Mr. Berman and approved with a 5 -0 -0 vote. Page 1 5 �D� 1 f. t THE COMMONWEALTH OF MASSACHUSETTS Number: 2017 -9 Fee: $50.00 TOWN OF READING RUSHWORT% 557 MAIN STREET, READING This is to certify that PHILIP l IS HEREBY GRANTED A SPECIAL ONE -DAY LICENSE F TO SELL BEER AND WINE AT THE TRIVIA NIGHT FUNDRAISER TO BE HELD ON NOVEMBER 17TH, 2017 AT 557 MAIN STREET, j BETWEEN THE HOURS OF 7 P.M. TO 10 P.M. Under Chapter 138, Section 14, of the Liquor Control Act. Holders of one day licenses shall provide a bartender and /or servers who are trained and authorized to make decisions regarding continued service of alcoholic beverages to attendees. There shall be no self service of any alcoholic beverage at any event approved as a one day license. This permission is granted in conformity with the Statutes and Ordinances relating thereto and expires at 10 p.m., November 17, 2017, unless suspended or revoked ` subject to the following conditions: 1. Liquor to be purchased from authorized distrib4or. 2. Liquor to be stored on site only before and event. Date Issued: November 14, 2017 ��sroRrA�j ow 0 2 SURFACE TRANSPORTATION BOARD Washington, DC 2042317u` AH 11: 59 1996 Office of Environmental Analysis November 2, 2017 John Arena Chairman 16 Lowell Street Reading, MA 1867 RE: Docket No. FD 34797 (Sub -No. 1), New England Transrail LLC, d /b /a Wilmington and Woburn Terminal Railway— Construction, Acquisition & Operation Exemption—in Wilmington and Woburn, Mass.; Final Scope of Study Dear John Arena: On September 30, 2016, the Surface Transportation Board (Board) published a Notice of Intent to prepare an Environmental Impact Statement (EIS) to evaluate potential environmental impacts associated with the proposed New England Transrail, LLC (NET) project. NET intends to acquire, construct and operate various rail lines and construct and operate transloading facilities in the towns of Wilmington and Woburn, Massachusetts. NET proposes to acquire 5,727 feet of existing track, to rehabilitate or construct a combined 10,838 feet of track, and to operate as a rail carrier over the total 16,565 feet of track on and adjacent to property currently owned by the Olin Corporation at 51 Eames Street in Wilmington. The Final Scope of Study for the NET EIS is now available to view or download on the Board's website, www.stb.dot.gov or on the New England Transrail EIS website, www.NewEnglandTransrailElS.com. If you have any questions concerning the Board's EIS process or need specific information about the proposed project, please feel free to contact Danielle Gosselin of my staff by phone at (202) 245 -0300 or by email at danielle.gosselin @stb.gov. Sincerely, 4,_, Victoria Rutson Director Office of Environmental Analysis IN Saunders, Caitlin From: LeLacheur, Bob Sent: Wedne y, November 08, 2017 8:1 O AM, To: Reading - Selectmen Cc: Saunders, Caitlin Subject: FW: introductions FYI — Caitlin please add to next BOS packet Robert W. LeLacheur, Jr. CFA Town Manager, Town of Reading 16 Lowell Street, Reading, MA 01867 townmanaaerna ci.readina.ma.us (P) 781 -942 -9043; (F) 781 -942 -9037 !M readinama. pov Town Hall Hours: Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m.;Tuesday: 7:30 a.m. - 7:00 p.m.; Friday: CLOSED From: Greg Hersh [mailto:gregory.hersh @ gmail.com] Sent: Friday, November 03, 2017 1:38 PM To: LeLacheur, Bob Cc: rabbi @wakefieldtemple.org; hksmclean @gmail.com; Kyunglyu @hotmail.com; pastor @oldsouthumc.org; Lisa Stedman (revistedman I @verizon. net); 'fr.steve @stagnesreading.org' (fr.steve @stagnesreading.org); Susan Abramson (ra bbi.a bra mson@verizon. net); Abbott, Norman (NAbbott@adl.org); Doherty , John ( John.Doherty@ reading. kl2. ma. us); Segalla, Mark; Clark, David; Lannon, Amy Subject: Re: introductions Hi Everyone, Thank you for connecting me with the town's leadership, Bob. As Bob wrote, I was made aware of these recent incidents by a media reporter. After following up with Dr. John Doherty and Bob, I was troubled by the prevalence of these incidents over the last 6 months, but I am very heartened by the work that you all have been doing ever since. I reached out to the Superintendent and Town Manager in an effort to see how I could help, but it really seems that you have all already covered all the bases I can think of. So I want to express my deepest appreciation for how all of you have responded to this situation. It's difficult for everyone, and speaking on behalf of the Jewish community, we sincerely appreciate your efforts at making sure that Reading Embraces Diversity. As I mentioned to Dr. Doherty and Bob, I want to make myself available to your town in any way that I can. Please let me know if there's anything I can do as you move forward with diversity training or anything else that comes up. I will follow up with Reading's clergy next week to explore possible involvement in their clergy association and commissions. Thank you again, Bob, for your time and your warm email, and thank you all for your tireless efforts at making Reading a place where everyone can feel welcome. b'todah (in gratitude), Rabbi Greg Hersh Temple Emmanuel of Wakefield 203- 904 -8104 rabbi kwakefieldtemple.org On Thu, Nov 2, 2017 at 12:31 PM, LeLacheur, Bob <blelacheur(,ci.reading ma.us> wrote: Good morning, After the swastika graffiti incident at the Reading Public Library last week, the media reached out to Rabbi Greg Hersh from Temple Emmanuel of Wakefield (120 Chestnut Street). Rabbi Hersh has since spoken to myself and Superintendent Doherty, and is generally up to speed on the (sad) Reading experience to date. Several Reading families belong to Temple Emmanuel. This email is to welcome Rabbi Hersh (rabbigwakefieldtemple.org) into the conversation, and to provide some introductions. Heather McLean (hksmcleanggmail.com) is the Chair of the Human Relations Advisory Committee, which is a group set up under our Board of Selectmen. Reverend Kyung Lyul Yu (Kyunglyughotmail.com) of the Korean Church of the Nazarene is the Reading clergy representative on the HRAC. Reverend Jamie Michaels (pastorgoldsouthumc.org) of Old South Church is a key member of Reading Embraces. Diversity, a community group recently formed. They sponsored the community event I described earlier today. Reverend Lisa Stedman(Lisa Stedman (revlstedmanI kverizon.net) of the Congregational Church and Father Steve Rock (fr.stevegstagnesreading.org )of St. Agnes Catholic Church are folks I reached out to over the past few months for advice. They are two of several other Reading Clergy that I know have been very interested and actively involved. Rabbi Susan Abramson (rabbi. abramson(,verizon.net) of Temple Shalom Emeth in Burlington was one of my earliest contacts because of her experience with Bedford in similar horrific graffiti incidents a few years ago. Norman Abbot (N Abbottgadl.org) as the Assistant Regional Director of the Anti - Defamation League was another one of my earliest contacts on these issues. Both have been vital in sharing a bigger picture with me because of their broader experiences. Dr. John Doherty (John.Dohertygreading.k 1 2.ma.us) you know from earlier today as our Superintendent of Schools. Mark Segalla (msegalla ,ci.reading ma.us) is our Police Chief, and David Clark (dclarkgci.reading ma.us) is our Deputy Chief of Police. Amy Lannon (lannongnoblenet.org) is our Library Director. I apologize if I have left anyone out that should be on this list, please forward this along as might be helpful. Thanks for your kind words earlier today Rabbi Hersh, please reach out to any of us at any time. Certainly I'm sorry for the circumstances that brought us all together, but perhaps with some patience and perseverance we will one day enjoy a very positive outcome! Thanks, :•t Robert W. LeLacheur, Jr. CFA Town Manager, Town of Reading 16 Lowell Street, Reading, MA 01867 3 �\O� Saunders, Caitlin From: Sent: To: Cc: Subject: Attachments: BOS agenda 11/28 Sent from my iPhone Begin forwarded message: LeLacheur, Bob Wednesday, November 15, 2017 10:32 PM Saunders, Caitlin Delios, Jean Fwd: Eaton Lakeview Ch 40B development MassHousing.pdf, ATT00001.htm From: Boriana Milenova <boriana.milenova @gmail.com> Date: November 15, 2017 at 10:24:53 PM EST To: <rlelacheur @ci.reading.ma.us>, <jdelios @ci.reading.ma.us> Subject: Eaton Lakeview Ch 40B development I am writing to you regarding the proposed Eaton Lakeview Ch. 40B development. It is being said around the neighborhood that the Town of Reading Management is encouraging the creation of a large size development with high unit density. I hope that this claim is incorrect because the currently proposed 120 unit development is clearly incompatible in terms of height, scale, and mass with the surrounding neighborhood. There has been a recent denial by MassHousing of another Ch. 40B development project where MassHousing clearly stated that even though there are no density limits, proposed developments need to be appropriate for the surrounding neighborhood (see attached letter). The proposed large monolithic building on Eaton St. is more than twice the height (4 stories from the front and 5 from the back) compared to the surrounding 1 and 2 story single family houses. The buildings on Lakeview Ave. clearly dwarf the adjacent apartment complex buildings in both height and density. The adjacent apartment complex provides a compelling reference for height (2 and 1/2 stories) and density for the new development. It is also my understanding that the Town of Reading has already received a DHCD certification for its progress in meeting affordable housing goals. Given that this certification is valid until February 2019, the town should prioritize local concerns and ensure that the Ch 40B proposals it puts in the pipeline are appropriate for the neighborhoods. To quote the Town of Reading Housing Production Plan: Reading's work in proactive planning was recognized by Mass Housing by crediting the Town with advancing affordable housing through the creation of two 40R districts that will foster the development of hundreds of units and then denying an ill- suited 40B application which would have devastated a neighborhood. 1 0� (,\ Additionally, many people in the neighborhood are puzzled why the current access roads are considered adequate to support 180 additional cars. In particular, the intersection of Lakeview Ave. and Walkers Brook Dr. will be the main access point to the highway and shops. Even at present, the high traffic volumes to Market Basket make a left turn from Lakeview Ave. onto Walkers Brook Dr. very problematic. Everybody in the neighborhood that I have talked to is supportive of affordable housing. I hope that the Town will ensure that the proposed development is of appropriate size and scale, so that it does not "devastate the neighborhood" or jeopardize the traffic safety of current and future residents of the area. If there is an avenue for the Town Management to start an informal dialog with representatives of the current residents, it will help educate the community about the town planning objectives, address the negative perceptions of the role played by the Town Management in this proposal, set realistic expectations for the Eaton Lakeview project, and achieve a satisfactory outcome for all stakeholders. Thank you for your attention to this matter, Boriana Milenova 94 Eaton St., Reading, MA01867 Ph:617- 820 -5276 cl,C,a MASSHOUSINGi AAerwekoetls Howdah Flaaee AgPW oee boron Sbeft Iwo".1AA11m Ttt:617.6SOWO ' Fie 611X4,W1 1h; iA; YO.106 1 W*" M1y1M1KiMb" M January 31, 2017 VIA CERTIFIED MAIL Medfield Meadows LLC 18 Forest Street Dover, MA 02052 Attention: John Kelly, Principal RE: Medfield Meadows Medfield, MA (MH# 873) Project Eligibility (Site Approval) Application Dear Mr. Kelly: This letter is in response to your application for a of Project ElWbility ( "Site Approval") pursuant to Massachusetts General Laws Chapter 408 ("Chapter 4013"), 764 CMR 56.00 and the Lbagatain P=Lt Guidel issued by the Department of Housing and C;omrnunity Development ( "DHCD ") ( the "Guidelines" and, collectively, the "Comprehensive Permit Rules"), under the following program (the "Program"). • New England Fund ("NEF) Program of the Federal Home Loan. Bank of l3oADn. The original application proposed to build two hundred (200) units of rental housing in two (2) buildings on individual pawls separated by North Meadow Road (Route 27) (tdlc "Project") at 39.41 Dale Street and 49 Dale Sir+cot (tine "Site") in Medfield, Mmmhusetts (the "Municipality"). Subsequent to an initial review of the Site and the proposed plans and comments nts from the Municipality regarding the site plan, MassHousitng requested that the applicant reconsider the Project and its compatibility with adjacent uses and compliance, with 760 CMR 56.04(4xc), the applicable regulations that govern the design elements of a 4013 proposal. On January 5, 2017 the Applicant a tunitte d a revised proposal to MassHousing that puq wW to respond to concerns regarding the original site plan, reduced the proposed height of the buildings and the number of units from two hundred (200) to one hundred eighty two (182) rental apartments units in three separate three and four -spry buildings on s total of 6.24 acres of land, which only reduced the density from 32 units per me to 29.17 units per acre on the Site. Charles d. t1MM�cr. Gowrnrar AAitMael 1. pirrrnr, drvimwn tirnotly G Salliran, E�!rrasti�e Qiarror IGstlm E. F�liio, tt 6o►ttlwr F'iwi ft CMM1. Vkt Chew Karen E. KMRAw. A7uty Oiiectar G 1 MassHousing staff has periam►ed an on -site inspection of the Site, which local boards and officials were invited to attend, thew revised the Site in connection with the revised application, and has reviewed the pertinent information from both the original and the revised applications for the Project submitted by the Applicant, and comments submitted by the Municipality and others in accordance with the Comprehensive Permit Rules. As a tesult of MassHousing's evaluation of the information that was presented, and the Agency's evaluation of the Site, MassHousing is unable to approve your application for a determination of Project Eligibility. While it is expected that a Project proposal submitted in accordance with the zoning and regulatory relief available under Chapter 40B will differ from the surrounding context in many .fundamental ways, the Subsidizing Agency num also address matters regarding the Project's relationship to existing development patterns in the surrounding area. This Site appears to be generally appropriate for residential development and while municipal actions to date have not yet resulted in the production of housing required., "to meat the municipality's need for affordable housing as measured by the Statutory Minima "; neverthe C" MassHousing has determined that the cane Mtual project design for the proposed development is not appropriate for this Site. The reasons liar MassHousing's denial of your applications are as follows: ManHousing considers the design of the building and the proposed site layout to be inconsistent with the design requirements outlined in 760 CMR 56.04(4 )(c) and the related Guidelines dated May, 2413. Specifically. The pmlwwd apartment structum is inconsistent with nearby existing residential buWag typology. This is particularly true for the nor portion of the north parcel and the proposed building's relationship to the existing neighborhoods closest to the Site along Josepb Pace Road, John Crowder Road and Dale: Street. The applicant's revised site plans do not adequately mitigate the impact of the proposed building's connection to the existing neighborhood ftom the initial proposal; the Project still fails to make a reasonable transition to this well established residential no4hborhwood. The proposed three to four -story went structures are not compatible with nearby structures in terms of height, mass and scaler. Building elevations indicate that the proposed buildings (the three proposed buildings range in height from 60' to 77.5' tall depending on the topography of the Sitc) are at least triple the height of most surrounding 1 -2 story structures. The building massing in the original submission was entirely inappropriate for both the Site and its relationship to the 4ace nt residential neighborhood. While the revised site plan, particularly that of the north parcel, has addressed soivate of the most glaring impacts to its closest abutters, the overall perception of the massing has not been adequately reduced to make the findings required under the regulations. 'she proposed massing on the south parcel is not si0fseandy improved by the revised site plans and they presence of wetlands on that portion of the overall development Site is a constraint to a more logical relationship to the Grove Sheet neighborhood. °\ca Appropriate density of residential developnent depends on a number of different factors, and must be reviewed on a case by can basis. In this case, however, it appears that the Project is simply too dense for the lot on which it is located; nearly the entire Site is occupied by the proposal building prom and the limited areas far open specs are not sufficient to mitigate the project's effective density. While thane arcs no maximum density thresholds, it is advisable to develop at a density that takes some canoe fiom flue sedating cormnunity conw. The nearest rental development is the Pare at Medfield which has a considerably lower density of approximately 10 unitdacre as compared to the almost 30 units/sc re proposed for this Project « The site plan does not pmvide a satisfactory design treatment of the edge between the Site and the surrounding strectscape and does little: to enhance the visual duality of the streetseatpe. The northern and southern building facades face Route 27, which is the principal access to downtown Medfield, and create a poor visual relationship to this adjacent roadway. In MassHousing's review of any application for Site Approval under Chapter 40B, the Agency does nut consider any one factor in isolation. Rather, the site as a whole is considered as well as whether the development proposal is consistent with applicable Regulations and Guidelines. After a thorough review of your application MassHousing does not find that your proposal is able to meet all of the required findings. Therefore. your application is denied. If you have any questions concerning this matter, please contact Greg Watson, Manager of Comprehensive Permit Programs, at 617 -854 -1880. Sincerely, Ti C. Sullivan Executive Director ors: Chrystal Komnegay, Undersecretary, Department of Housing and Community Development The Honorable James Timilty The Honorable Denise C. Carbone The Honorable Shawn Dooley ✓ Mark L. Fisher, Chairman, Medfield Board of Selectmen Michael I. Sullivan, Medfield Town Administrator Sarah Raposa. Medfield Town Planner November 10, 2017 Mr. John Arena Chair, Board of Selectmen Town of Reading 16 Lowell Street, Reading, MA 01867 Re: Town of Reading Alcohol Policy, and Meadow Brook Golf Club License Renewaj Dear Mr. Arena, We respectfully submit this letter to the Board for consideration to address what appears to be inconsistencies in the Town's Alcohol Policy for "restaurant" and "club" licenses, and the Policy's lack of appropriate restrictions when a, "restaurant" or "club" is operating in a zoned residential area - which in our neighborhood is the Meadow Brook Golf Club Corporation. The current Alcohol Policy imposes a number of requirements on "restaurant" licensees whenever alcohol is served /consumed — all of which appear reasonable as evidenced by the growing number of restaurants in Reading. However, the current policy for a "club" license is inconsistent in a number of respects, including: • this is a requirement for 'restaurants', but is not a requirement for "clubs" (Articles 3.2.2.2 and 3.2.5.3). Allowable hours to serve/consurne alcohol (Article 3.2.1.20: a "restaurant" is allowed to serve alcohol from 11am to midnight (Mon -Sat), and Noon to midnight (Sun), a maximum of 90 hours /week. A "club" is allowed to serve alcohol from 8am to 2am (Mon -Sat), and from Noon to lam (Sun & Holidays), a maximum of 121 hours /week ( "non- holiday" week). Though not specifically addressed in the Alcohol Policy, the physical location of a "restaurant" or "club should be considered for any additional appropriate restrictions. Restaurants are typically located in areas zoned "Business ", however there is no assurance that a "club" applicant will be likewise located. There are obvious benefits to the community when alcohol is served /consumed in a zoned Business area - the safety of patrons, pedestrians and motorists is greater due to better roads, sidewalks, street lighting, traffic controls, and nearby presence of police. A Business area has few residents that may be disturbed by noise and traffic emanating from a "restaurant" or "club" serving /consuming alcohol. When an entity serving /consuming alcohol is located in a residential area, the license should include additional restrictions that appropriately ensure the safety, privacy and quiet to neighboring homes and families. The current Alcohol Policy neither defines nor addresses the characteristics of "restaurants" and "clubs ", but when alcohol is served /consumed does it really matter if it occurs in one or the other? The inherent issues /problems associated with alcohol are the same irrespective of the facility, yet the current policy (perhaps unintentionally) green- lights a "club" to operate as a Bar up to 16 hours /day (D\d� absent the reasonable restrictions that the Town imposes on "restaurant" licensees. While it may be assumed that "clubs" and "restaurants" are located in areas zoned Business, the Policy (perhaps unintentionally) omits additional restrictions should a licensee be located in a zoned Residential area. Reading has issued four active "club" licenses: American Legion Post 62, Knights of Columbus, Reading Overseas Veterans, and Meadow Brook Golf Club Corporation. Per the Assessor's office, the first three are located in areas zoned "Business ", with Meadow Brook the lone club located in an area zoned "Residential ". Meadow Brook was incorporated in 1902 with its corporate certificate stating its purpose "is the encouragement of athletic exercise" (see attached). Meadow Brook has an approved capacity of 184 people, which is comparable to, and greater than, many restaurants in Reading. Meadow Brook acknowledges operating "restaurant facilities" as stated in their annual IRS Form 990 which is publicly available (see attached). Meadow Brook also promotes function business for as many as 150, (see attached), and they have at least twice in recent years used their facility as a concert venue for nationally touring performers (the assumption being alcohol was served /consumed). Meadow Brook operates April 15t through November 30th (per their brochure), and their most recent Form 990 (2015) reports food and beverage revenue in excess of $595,000 ( - $75k /month). The club's capacity and scale is similar to a restaurant /lounge, albeit with a high cover charge (ie annual membership fee). A number of questions arise regarding the Town's Alcohol Policy for "clubs ", and specifically far a large "club" serving /consuming alcohol in a residential neighborhood - 1) Why is a "club" allowed to operate as "bar" if they so choose (since a "club" license does not require food to be made available)? 2) Why are "clubs" allowed to serve /consume alcohol 121 hours /week while restaurants are restricted to 90 hrs /week? 3) Why is a "club" that is located in a residential neighborhood allowed to serve /consume alcohol until 2am (plus the additional 1 hour for patrons to leave the premises), when restaurants in a zoned business area must stop serving at mid - night? 4) Why is a "club" that is located in a residential neighborhood allowed to serve /consume alcohol outdoors where conversations, at times quite loud, are easily heard by neighboring residents? With respect to the general terms of the Reading Alcohol Policy, and the 2018 Meadow Brook Golf Club license renewal, we request consideration of the following: A. Regardi[j A1coljol Policy for "club" licenses, amendments should be made to impose reasonable restrictions similar to those imposed on "restaurants ", as well additional restrictions for 'clubs" (or "restaurants) if located in a residential area. Specific items include, but not limited to, the following: That the allowable hours to serve /consume for a "club" located in a business zone to be consistent with the hours for a "restaurant". That the allowable hours to serve /consume for a "club" located in a residential zone be restricted to: 11am — 9pm (Sun — Thur and holidays), and 11am —10pm (Fri & Sat) WkEw ii. That a "club" with an occupancy comparable to, or greater, than the typical "restaurant" licensee, have the same requirement as a restaurant to make available all food items from their regular food menu whenever alcohol is served /consumed. iii. That "clubs" are restricted to serving/consuming alcohol in enclosed interior spaces (ie dining rooms, lounges, function rooms, etc). iv. That an annual "club" license is restricted to serving its members and their guests as typical in recurring daily /weekly activities. "One -off" events and special functions involving any number of non - members shall require a separate one -day license specifically for that function /event. v. That the Alcohol Policy include a listing of the holidays it refers to when stating the allowable hours for "clubs ". B. In regard to the "club" license for the Meadow Brook Golf Club Corporation which is located in a residential neighborhood, we request the following restrictions be included in any alcohol license approved for any future year, effective with the 2018 license: L That the allowable hours to serve /consume alcohol are restricted to: 11am to 9pm (Sun —Thur, and holidays), and 11am —10pm (Fri & Sat) ii. That all food items from their regular food menu be made available whenever alcohol is served /consumed. Hi. That the serving /consuming of alcohol be restricted to their enclosed interior dining and lounge spaces. iv. That the annual license is restricted to serving its members and their guests as typical in recurring daily /weekly activities, and that "one -off' events and special functions involving non - members shall require a separate one -day license specifically for that function /event. The application for a "one -day" event license shall include a detailed plan to provide off - street parking for all vehicles, with abutters receiving notification at least 14 days in advance of the alcohol application being submitted to the Town of Reading. We greatly appreciate your time and consideration to review and address our concerns with respect to Reading's Alcohol Policy in general, and the 2018 license for the Meadow Brook Golf Club Corporation. We have attempted to make reasonable and appropriate suggestions for items that may not have been fully addressed previously, or perhaps unintentionally overlooked, to ensure there is a fair balance of restrictions placed upon licensees that serve /consume alcohol and reasonable desires of residents with respect to safety and quiet enjoyment of our community. �63 Respectfully submitted, Sl- �2— 73 -4 0--!5o'A c6: Robert W. LeLacheur, Reading Town Manager Attachments: • Meadow Brook Golf Club Corporate Certificate • Meadow Brook 2015 IRS Form 990, pg 1 • Meadow Brook Web-page • Meadow Brook Brochure (backside) rva 1 Page for additional signatures . tea, 1FUxt.wwi���d�"6w ..Y5rek -. �t%.sa.�etJ.{i..�aauuu __._. � �7urAxwrs na+s��ee.. • .� .�td�r�� .rte. �.,a.. �.,.�..� -�.�r � _ ' W,..i P, ' � rte' hp of �o N+nP.e.Ya+.a+ e� .�tA? tYitswiaw" rsR�n±t �6 � l�a�ii• `.m�,�ataa`i..'i... 4 .: + J. of ON bw& d dvt. me b wd and Mm of th- Pubtk MIMI, th- 4 a (m Y of t!s to MWIWA "a , with iht a, as of &a 060st. 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U WEADOWBROOK IM- fi2ots It 52 AM 4 Aft d% Return of Organization Exempt From Income Tau OMeNo Ir450G47 Form 9uu Under section 501(c), 527, or 4947(a)(1) of the Internal Revenue Code (except private foundations) 2015 ilcpa :I.•: nsnt 0 the Trnaswy )h Do not enter social security numbers on this form as it may he made public. nc,n ;d Stavmu,e se �1cu )I' )nformatlon about form 990 and its instruction$ is at www irs.aovltonn990. (t7s 86t)0n A For the 2015 calendar ear or tax year beginning :(. I 0 15 1 and endbi 101131/16 B Check if applicable c Nam" of organ"Itm - 0 Employer Idenpricauon number Address cba e M%'. OW BROOK GOLF CLUB CORPORATION ^ Name change Doing busmesS as � °°° e _ 04 - 1608216 htt,mtxr nRd aC {�+ai (or ('t� n b'nX d mndi6 aot ttei,vcreKi to Shea; 014"Ut .$) ftnonVSV,ie Telepr lbw unt of Irabafretum 292 GRO SMSE:T — T E _ 781 --942 -1334 ' �Final return/ Cdy or lawn. state m Province, country, and ZIP or foreign Postal Code :errrynatad - . Ana rettlm SING MA 01867 G Cvassr ls$ 2,385,272 —_ F Nnlna and "tkir�ss oY prindpal "rl,r�r f —}gyp r 1'0n 'rig MAiZC1A $Rqi Hia) Islhisagroupretuinfoisutardnales) Yes x1 No H(b) Are all si,6ardmales included? Dyes t� N. 11 "No," a"a ti a list (sea instructions) f '1 01-1 5101x5 5o1(c)1 iS) (dL at)I(C) I hnsi! t f 11o) 1(y.y'y(a)(1} "r ( 527 J vdebvfa 10- HEADQWBROOXGO1,FCLUB. ORRI(y - Nlei Gro'vp e�cm ;ion n nirtcr � _ K_ , orm of oig„nw,". ix Cur ra)un i inr,l ASS rrat a I t -�fh u � Y"a of tctnva0an $ 8 M Slate of ttpr:! couuc,fe �. �. Fart ( 1 Briefly describe the organization's mission or most significant activities COUNTRY CLUB OFFERING GOLF, TENNIS, POOL AND RESTAURANT FACILITIES TO @ MEMERS AND THEIR GUESTS, Er 0 2 Check this box 0. if the organization discontinued Its operations or disposed of more than 25% of Its net assets yi 3 Number of voting Olembers of the govt;rning body (Part VI, line 1 a) 3 13 4 Number of independent voting memt,o of the go —ruing body (1'art Vf, line 1b) 4 13 5 Total number of individuals employed in calendar year 2015 (Part V, tine 2a) 5 _7 66 _ 6 Total number of volunteers (estimate it necessary) 6 0 7a Total unrelated business revenue from Part Vill, column (C), line 12 7a 75 , 582 b Net unrelated business laxabte Income from Form 990 -T, line 34 lb 0 PnorY"ar GurrentYnar 8 Contributions and grants (Part VA), line ih) 1 , 534 , 886 _ 1 581 X015 C 9 Program service revenue (Part Vlll, line 2g) 740 082 803 792 10 Investment Income (Part VIII, column (A), tines 3, 4, and 7d) 497 465 11 Other revenue (Part VIII, column (A), lines 5, 6d, 8c, 9c, iOc, and i ie) 0 12 Total rove nue - add fines 8 ihrau_gh 1 i (must equal i'art Vttl. calumn�A), hne 6,5 2 38 5 2 72 13 Grants and similar amounts paid (Part IX, column (A), lines 1 -3) u� 0 14 Benefits paid to or for members (Part )X, column (A), line 4) 0 U) 15 ,30 15 other compensation, employer: benefits (Part IX, column (A), Imes 5-10) v 1,015,102 _. 1,052,5 1 d16a Professional fundraising fees (Part IX, column (A),.hne7 lie ,, � 0 CL b Total fundraising expenses (Part )X, column (!3), line 25)•x° `- 0 Itw -_ .. -.- ; 17 Other expenses (Part IX, column (A), lines i i il.i i 1 if-24e) w'\ 245, 1-5 4 1, 347 27: 18 Total expenses Add lines 133--1 7 (must equal Part f cot n (A) 6m? (vy 2 260 256 2 399 853 c1 t�t_r'l ( r 14 81 19 t�evt�nue less rrx�cnsa� Subtract hne i8 from ISne'a 2 15 2(}9 C flednnmp of Current Year Fnd of Ycar zq 20 Total assets (Part X, line i6) 3� 473 121 3� 501 r 007_ m 21 Total liabilities (Part X, line 28) 1,4515 54 9 1 r 498 516 xLL 22 Net asf;c;ts or fund balances Subiracf line 21 from hne 20 � 2. 016 _Part {I S.4 nature Bloch Under penalties of per)ury, I declare that I have examined this return, Including accompanying schedules and statements, and to the best of my knowledge and belief, it 1s true, correct and complete Declaration of preparar (other than officer) is based on all Information of which preparer has any knowledge � _ crate �J S1 n S,gnatura of ottrcer Here MICUML GALLUGS TREASURER - -Type or Pont nano and tiUa ____._.._..�....-- .._._.�...._. _ _v ! _.— _.... —.. PrntfTYpa preparal's name Preparers ,ignaiura Oahe Check I )Ir P11N Paid MAtrilFfN_PIAFtERS FSAItR, CPA y'7 Prepafer �.�rd i{ Q_ J ! L__ (ff' A 12/U t /16 aNr�r Wed r004a45d8 r.,ntsn�rr, a SCH 'ID &_ COMPANY , PC r,rmsE1N► 04- 2969597 ;T. Use Only 101 COMMONWEALTH AVE Fnrrra aoerass F CONCORQ, M3, 01742- 2$03ph _,_.._._._...._.978"318 --9600 4a May the IRS discuss this return with the preparer shown above? (see m5truction__ y For Paperwork Reduction Act Notice, see the separate Instructions. nAA Fo m 99D ( ?075; %a1 ni ar CID ro 0 r� 5 ' N 4 0 m Pr 4-D 'fl Q, 0 0 Ro. ✓24 Sp —0 r 'o — 0 m 4z o 41 0 to Od o 60 q) 3 z "o °o it -Z oo ,z z CS Zj -Z to a CY) .Z to K 4— it Zt Zt 121 oz zt w 00 Zt Ri U 0 40. W 0 :5 '3 " - 4. v u ob -0 � u 0 Co m cl d L '81 0 O u u o o a 9 !A ✓ 0 0 -a u 04 0 u P g 0 0 CL) .0 P, -9 >, rz 0 0 o (u z Supporting ti Administrative Offlees 82 Oakland Road Reading, P 04867 781 944-5800 November 9. 2017 Mr. John Arena, Chair Board of Selectmen. 16 Lowell Street Reading, MA 01867 Dear Mr. Arena, READING SCHOOL COMMITTEE Charles Robinson, Chair Elaine Webb, Vice-Chair Nick Boivin Jeanne Borawski Gary Nilian Linda Snow Dockser John F. Doherty, Ed.D. Superintendent of Schools I am writing to inform you that at our meeting on November 6th School Committee member Gary Nihan announced his resignation from the board effective on November 7, 2017, Per School Committee policy, accept this as official notification of the vacancy and our request to begin the process of filling the vacancy. The School Committee would like to meet with the Board of Selectmen at the School. Committee meeting scheduled on December 18, 2017 for the purpose of interviewing the interested candidates and voting to fill this seat. This meeting will be held in the Superintendent's Conference Room at Reading Memorial High School. If you have any questions, please contact me. Sincere Charles R.. Robinson Chair, Reading School Committee J. Doherty B. LcLaChCff L 6einnie M BRADLEY H. JONES, JR. STATE REPRESENTATIVE MINORITY LEADER November 8, 2017 20 " MIDDLESEX DISTRICT READING - NORTH READING LYNNFIELD • MIDDLETON ROOM 124 TEL (617) 722 -2100 Bradley.JonesWAhouse.gov Ms. Laura A. Gemme Town Clerk c/o Reading Town Hall 16 Lowell Street Reading, MA 01861 Dear Mada ler I am writing to provide you with an update on my efforts to secure state reimbursement for our cities and towns for some of the mandated costs associated with the implementation of the Massachusetts early voting law. During the House debate on the FYI final deficiency supplemental budget on October 11, I successfully amended the bill to include a $485,559 appropriation to help cover these costs. Although the Senate did not adopt this provision in its own version of the supplemental budget, the Conference Committee included compromise language in the final bill that was signed into law by Governor Baker on November 3 as Chapter 110 of the Acts of 2017, as follows: SECTION 54. The division of local mandates established pursuant to section 6B of chapter 11 of the General Laws within the office of the state auditor shall collect and certify an accurate accounting of the mandated costs incurred by municipalities as part of the implementation of early voting for the 2016 biennial state election. The certification shall be filed with the clerks of the house of representatives and senate on or before January 10, 2018. I strongly encourage you to calculate and document the early voting costs incurred by your office during the last election cycle, and to provide this information to the State Auditor's office so they have an accurate accounting of the amount owed to Reading. I would also appreciate it if you could share this information with me. Please know that I will continue to pursue this matter until the Commonwealth has fulfilled its financial obligation to all of our cities and towns. As always, please feel free to contact me if I can be of any further assistan Sin c el Bra le . Jones, Jr. Mi ity Leader BHJ /mes cc: Town Manager Robert W. LeLacheur, Jr. 0 Charles D_ B ;e' Katy . E. P . Gcve ::j? ste1'name : e ,, dk, sec .a ,qy car C-F-0 November 10, 2017 Town of Reading — Town Hall 16 Lowell St Reading, MA 01867 Attn.: Mr. Robert W. LeLacheur, Jr. — Town Manager I, 7J..PDOT Highway Division Re.: Reading — Transfer of Traffic Signals — West St Reconstruction MassDOT Contract # 82667 Dear Mr. LeLacheur: On May 10`", 2017 a final inspection of the traffic signal on the West Street Reconstruction Project was held (MassDOT Contract 82667). As of the date of this letter, all punch list items have been satisfactorily addressed. Therefore, by copy of this letter, MassDOT turns over operation, power costs and maintenance responsibilities of this traffic signal to the Town of Reading. This acceptance is for the signal work only. Other items of work such as curbing, pavement, sidewalks, markings and signs will be accepted by MassDOT upon their satisfactory completion. Should you have any further questions regarding this matter feel free to contact Mr. Jeffrey R. Gomes, MCPPO, Assistant Traffic Engineer, at 1- 781 -641 -8332. Cc: File Construction - 82667 a 519 Appleton Street, Arlington, MA 0 3 Tel: 781 -641 -8300, Fax: 781-646-5115 www.mass.gov/massdot Saunders, Caitlin From: LeLacheur, Bob Sent: Saturday, November 18, 2017 9:31 AM To: Saunders, Caitlin Subject: FW: [Reading MA] RAID classes (Sent by Natalie Balas, nbresler001 @yahoo.com) BOS packet - - - -- Original Message---- - From: vtsdmailer @vt -s.net [mailto:vtsdmailer @vt- s.net] Sent: Saturday, November 18, 2017 9:17 AM To: Reading - Selectmen Subject: [Reading MA] RAD classes (Sent by Natalie Balas, nbresler001 @yahoo.com) Hello Board of Selectmen, Natalie Balas (nbresler001 @vahoo.com) has sent you a message via your contact form (https: / /www.readingma.gov /user /475 /contact) at Reading MA. If you don't want to receive such e- mails, you can change your settings at https:Hwww.readingma.gov /user /475 /edit. Message: Dear Selectmen, I wanted to thank you for your support of the Rape Aggression Defense System (R.A.D.), self- defense class for women. I attended the classes held this week and last week by the Reading Police Department. They were truly amazing. The instructors were encouraging, respectful, and invested. They brought humor into the sessions to help alleviate stressful topics and keep us engaged and positive. While I hope never to need these skills, I feel so much more confident now that if I were in a dire situation, I could protect myself. I will encourage my daughters to attend a few years from now if the courses are still offered. Again, thank you for your support of this program!! Natalie Balas 26 Granger Ave, Reading MA Saunders, Caitlin From: LeLacheur, Bob Sent: Saturday, November 18, 2017 12:06 PM To: Saunders, Caitlin Subject: FW: [Reading MA] Dr. Ornstein returns to Reading on November 29th (Sent by Gina McCormick, ginambeck @gmail.com) Attachments: annaornsteinnov29- flyer- v3.pdf email & attachment for next BOS packet From: vtsdmailer @vt -s.net [vtsdmailer @vt- s.net] Sent: Saturday, November 18, 2017 12:00 PM To: Reading - Selectmen Subject: [Reading MA] Dr. Ornstein returns to Reading on November 29th (Sent by Gina McCormick, ginambeck @gmail.com) Hello Board of Selectmen, Gina McCormick (ginambeck @gmail.com) has sent you a message via your contact form (https: / /www.readingma.gov /user /475 /contact) at Reading MA. If you don't want to receive such e- mails, you can change your settings at https: / /www.readingma.gov /user /475 /edit. Message: Reading Embraces Diversity (R.E.D.) and The Human Relations Advisory Committee (HRAC) invite you to join them for a conversation with Anna Ornstein, M.D. The talk, "Then and Now, Comparing and Contrasting Events in Europe in the 1930's and the USA Now" will take place on November 29, 2017 at 7:00 PM at Coolidge Middle School's Multipurpose Room. As a Holocaust survivor and one who lived in post -war Germany, Dr. Ornstein will share with us her experiences of events that preceded and followed the Holocaust. Dr. Ornstein stresses that we have important lessons to learn from history. When asked if what happened in Europe during WWII could ever happen here, her reply is "no, but that does not mean we have nothing to worry about." This event will build upon the conversation we began at the Reading Embraces Diversity "Kick Off" on October 3rd. Come share your observations of the current situation. We are hoping for a lively exchange of ideas and concerns! For more information, check out the Reading Embraces Diversity (RED) and Human Relations Advisory Committee Facebook pages: facebook.com /Read ingEmbracesDiversity and facebook.com /hracofreadingma, or email ReadingEmbracesDiversitV @gmail.com. Please feel free to share this invitation and the attached poster! Coolidge Middle School is fully wheel chair accessible, with marked accessible parking located near the front entrance. For more accessibility information, please contact ReadingEmbracesDiversitV @gmaiI.com. 0\'�\ Reading Embraces Diversity (R. E.D.) and The Human Relations Advisory Committee Wednesday, November 29 ?:00 pm Coolidge Middle School Multipurpose Room Y ' invite you to A Conversation with Anna Ornstein, M.D. "Then and Now" Comparing and Contrasting Events in Europe in the 1930's and the USA now Dr. Ornstein will share her experiences of events that preceded and followed the Holocaust. There will be ample time for discussion and a lively exchange of ideas and concerns. For more information, check out the Reading Embraces Diversity and Human Relations Advisory Committee Facebook Pages: https:// www. facebook .com /ReadingEmbracesDiversity and htt s: www. facebook,com /hracofreadin,gma /, or email ReadingEmbracesDiversity @gmail.com.