Lqmat4:56 pm, Aug 25, 2020] Town of Southborough, MAMeeting of the Board of Selectmen

August 28, 2020, 8:30 A.M.Pursuant to Governor Baker’s March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law, C.L. c. 30A, §18, and the

Governor’s March 15, 2020 Order imposing strict limitation on the number of people that may gather in one place, this meetthg of the

Southborough Board of Selectmen will be conducted via remote participation to the greatest extent possible. Specific information and the

general guidelines for remote participation by members of the public and/or parties with a right and/or requirement to attend this meeting can

be found on the Town of Southborough’s website, at https://www.southboroughtown.com/. for this meeting, members of the public who wish

to watch or participate in the meeting may do so in the following manner by finding the meeting at:/jwww.southboroughtown.com/remotemeetings. No in-person attendance of members of the public will be permitted, but every effort

will be made to ensure that the public can adequately access the proceedings in real time, via technological means. In the event that we are

unable to do so, despite best efforts, we will post on Southborough’s website an audio or video recording, transcript, or other comprehensive

record of proceedings as soon as possible after the meeting.

I. Call Meeting to Order

II. Consent Agendaa. Approve request from Town of Ashland re: emergency drinking water connectionsb. Outdoor dining application: Tomasso Trattoria

i. Approve alcohol license Alteration of Premises for outdoor service

III. Adjournment

Martin Healey, Chairman

UPCOMING MEETINGSSeptember 2, 2020

. September 22, 2020

Town ofAshland MassachusettsOffice ofthe Select Board

and Town Manager101 Main Street, 01 721-1191

Select BoardMichael Herbert, Town Manage,, Ext 791] IJVOI 001 J1 VU Yolanda Greaves. choirJennifer Ball, Assistant Town Manager, Ext 7901 Joseph J Magnani, Jr., Vice ChairSusan K. Robie, Executh’e Assistant, Ext. 792] Brandi Kinsman, ClerkDiane Mortensen, Personnel and Financial Assistant, Ext. 7933 Steven Mitchell, Menther

Rob Scherer, MentherAugust 19, 2020

Mr. Mark PurpleTown AdministratorTown of Southborough17 Common StreetSouthborough, MA 01772

Re: Request for Temporary Supplemental Water

Dear Mr. Purple:

On behalf of the Ashland Select Board, the Town of Ashland respectfully requests the Town ofSouthborough to assist in supplementing our public water supply.

Due to the lack of precipitation, the Town of Ashland implemented increased non-essential outdoor wateruse restrictions on July 30, 2020 beyond our routine oddleven day lawn watering restrictions. Assumingsimilar precipitation patterns, our wells will not be able to provide for the Town’s water demand inapproximately 30 days thus impacting fire protection and drinking water.

On August 18, 2020, a request for a Declaration of Water Supply State of Emergency has been submittedto Massachusetts Department of Environmental Protection (MassDEP).

As you know, in 2015, Ashland and Southborough entered into an intermunicipal agreement forsupplemental water in exchange for system upgrades which includes a permanent connection. Thepermanent connection is not quite complete. In order to connect the two water distribution systemstogether, a temporary bypass will be installed hydrant to hydrant on Thomas Road (Ashland) andEdgewood Road (Southborough).

We intend to only activate the temporary bypass in order to give our wells time to recharge. It isunpredictable determining the length of time the temporary bypass will need to be in place. Additionally,the bypass cannot be activated until the Massachusetts Water Resource Authority approves the use of theMWRA water supply through the Town of Southborough for this current state of emergency.

If you have any questions, please do not hesitate to send me an email at mherbert(ash1andmass.com. Ilook forward to hearing back from and thank you.

With regards,

?T’[QA

Michael D. Herbert

Cc: Doug Small, Director of Public Works

Attachment: Emergency Declaration

E-cc: Ashland Health DepartmentMassDEP/DWP BostonH. Zisch, MassDEP-OGC-NERODuane LeVangie, MassDEP-BWR-Boston

Y:\DWP Archive\NERO\Ashland-Enforcement\Emergency-3014000-2020-08-24

Commonwealth of MassachusettsExecutive Office of Energy & Environmental Affairs

Department of Environmental ProtectionNortheast Regional Office • 2058 Lowell Street, Wilmington MA 01687 • 978-694-3200

Kathleen A. TheoharidesSecretary

Karyn E. Polito Martin SuubergLieutenant Governor Commissioner

August 24, 2020

Michael Herbert, Town Manager City/Town: AshlandTown of Ashlarni PWS: Ashland Water and Sewer Division101 Main Street PWS ID # 3014000Ashland, MA 01721-1191 ENF No. 00009987

Issuing Bureau: BWRIssuing Region/Office: NEROIssuing Program: DWP

EMERGENCY DECLARATION

Dear Mr. Herbert:

On August 18, 2020, the Town of Ashland (the “Town”) submitted a petition requesting anEmergency Declaration from the Massachusetts Department of Environmental Protection(“MassDEP”) under the provisions of the Water Management Act, specifically M.G.L. c. 21G§15. According to the petition, low water levels in the Town require activation of emergencydrinking water comiections with the Massachusetts Water Resources Authority via a connectionthrough the Town of Southborough on a temporary basis.

The Massachusetts Department of Environmental Protection (“Mas5DEP”) hereby issues theattached Emergency Declaration No. 00009987.

If you have any questions regarding this Emergency Declaration, please contact Amy Lachance,Drinking Water Section Chief, at amy.lachance@mass.gov, or 617-429-1428.

Eric Vrra1le onal Director

This information is available in alternate format. Contact Michelle Waters-Ekanem, Director of DiversitylCivil Rights at 617-292-5751.TTY# MassRelay Service 1-800-439-2370

MassDEP Website www.mass.gov/dep

Printed on Recycled Paper

Charles D. BakerGovernor

COMMONWEALTH Of MASSACHUSETTSEXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

DEPARTMENT OF ENVIRONMENTAL PROTECTION

In the Matter of )Town of Ashland Water Division ) Enf 00009987

EMERGENCY DECLARATION

The Parties

1. The Massachusetts Department of Environmental Protection (“MassDEP”) is a dulyconstituted agency of the Commonwealth of Massachusetts established pursuant toM.G.L. c. 21, § 7. MassDEP has its principal office located at One Winter Street, Boston,Massachusetts 02108, and its Northeast Regional Office located at 205B Lowell Street,Wilmington, Massachusetts 01287.

2. The Town of Ashland (“Ashland”) is a Municipality within the Commonwealth ofMassachusetts having a principal place of business at and a mailing address of 101 MainStreet, Ashland, Massachusetts 01721.

Statement of Facts and Law

3. Ashland operates a public water system with MassDEP Registration Number 3014000.Ashland, through its Water and Sewer Division, operates and maintains five activesources (Howe Street Wells 4, 5, 6, 7, & 8) and the Howe Street Water Treatment Plant.

4. On August 18, 2020, Ashland sent a letter to MassDEP, petitioning MassDEP for aDeclaration of a State of Water Supply Emergency pursuant to M.G.L.c.21G, §15 andseeking emergency use of water from the Massachusetts Water Resources Authority(“MWRA”) via a connection through the Town of Southborough.

5. Ashland reported that the water elevation of the Hopkinton Reservoir is dropping at a rateof approximately 0.0$ feet per day. At this rate, assuming similar precipitation patternsto those experienced in the past month, Ashland will not be able to meet water demand inapproximately 30 days, which would impact both fire protection and drinking watersupply.

6. Ashland imposed outdoor watering restrictions on July 30, 2020, communicating theserestrictions to its consumers via direct dial telephone calls, social media, media outlets,

and other means. The water operators patrol seven days a week to enforce thisrestriction.

7. The Water Management Act, M.G.L. c.21G, § 15, and the Water ManagementRegulations, specifically the provisions of3lO CMR 36.40(1), authorize any watersystem to petition MassDEP for a Declaration of a State of Water Supply Emergency if itfinds that there exists or impends a water supply shortage of a dimension whichendangers the public health, safety or welfare.

8. Pursuant to M.G.L. c.21G, § 15, and the Water Management Regulations set out at 310CMR 3 6.40(2), MassDEP may declare a state of water emergency if it finds that thereexists or impends a water supply shortage of a dimension which endangers the publichealth, safety or welfare. further, in response to a petition for a Declaration of a State ofWater Supply Emergency and pursuant to this statutory section, MassDEP may requirethe water supplier to submit for its review and approval a plan for restraining the use ofwater by whatever means it deems appropriate and feasible. The statute limits anyDeclaration of a State of Water Supply Emergency to no more than six months in theaggregate in any twelve-month period, unless MassDEP determines that a longer state ofemergency is required to protect the public health.

9. furthermore, the Water Management Regulations at 310 CMR 36.40(2) provides:

Upon receiving a petition for a declaration of a state of water supply emergency,the Department may declare an emergency if it finds that there exists or impends awater supply shortage of a dimension which endangers the public health, safety orwelfare, due to circumstances including, but not limited to:

(a) Demand for water exceeds the availability of water;

(d) inadequate source of water, inadequate distribution system capacity,inadequate storage capacity or drought including seasonal water shortageswhich repeatedly affect the same public water system....

10. Pursuant to the Water Management Act, M.G.L. c.2 1 G, § 17, MassDEP may issue ordersduring a state of water emergency declared under M.G.L. c.21G, § 15 to, among otherthings, establish priorities for the distribution of any water or quantity of water use, topermit any person engaged in the operation of a water supply system to cease thedistribution of water, to distribute water to certain users as specified by MassDEP, and torequire the implementation of specific water conservation measures.

Determination and Order

11. For the reasons set forth above and pursuant to the Water Management Act, M.G.L.c.2 1 G, § 15, MassDEP hereby determines that a water supply emergency exists and that itendangers the public health, safety or welfare of the citizens ofAshland. Unless extended

by MassDEP, this Emergency Declaration shall remain in effect until february 24, 2021,or until such time as MassDEP determines that emergency conditions no longer exist,whichever is sooner.

12. By issuing this Emergency Declaration, MassDEP hereby grants Ashland authority to usewater from the MWRA via a connection through the Town of Southborough. Ashlandshall only utilize MWRA water as needed to meet system demands greater than theavailable capacity ofAshland’s other available sources.

13. Effective immediately, the current ban on non-essential water use shall remain in placefor the duration of this Emergency Declaration. For purposes of this EmergencyDeclaration, the term “nonessential outside water use” is defined to include those usesthat do not have health or safety impacts, are not required by regulation, and are notneeded to meet the core functions of a business or other organization. Ashland shall havethe authority to enforce these regulations through the assessment of penalties or theimposition of fines.

14. Within two (2) days of the date of issuance of this Emergency Declaration, Ashland shallprovide public notice to its consumers through Ashland’s Reverse-9 11 system of theissuance of this Emergency Declaration and the ban on all non-essential water use.Ashland shall provide MassDEP with the written text of said notice and the date(s) onwhich said notice was provided by August 31, 2020. Ashland shall further notifycustomers by any additional means, including but not limited to sign boards, notices onweb site and social media, as deemed necessary. IfAshland has published notice in alocal newspaper andlor on Ashland’s website or by any other means, then Ashland shallalso submit a copy of the public notice to MassDEP within ten (10) business days ofpublication of the notice.

15. On or before October 1, 2020, Ashland shall submit to MassDEP a written reportdocumenting all efforts taken by Ashland to implemcnt and enforce the ban onnonessential outside water use required herein, including all actions taken by Ashland toinform the public of the restrictions and to enforce the restrictions, including theassessment of penalties or imposition of fines. The report shall describe water use trendsover the period of the emergency and describe progress and the status of all otherconservation programs being implemented by Ashland. Ashland shall submit copies ofall materials and notices prepared to inform the public ofAshland need to conserve waterand comply with the restrictions on nonessential outside water use.

16. Ashland shall comply with all the remaining terms and conditions of its WaterManagement Act Registration No. 31401401 and Permit No. 9P2-3-14014.02 that remainunchanged by this Emergency Declaration.

17. IfAshland fails to comply with the provisions of this Emergency Declaration, MassDEPmay assess a civil administrative penalty as provided in M.G.L. c.21A, § 16 and M.G.L.c.21G, § 14. MassDEP may also seek civil judicial penalties as provided in M.G.L.c.2lG, § 14. Each day of continued violation shall constitute a separate offense. In

addition, MassDEP may ask the Attorney General to bring an action in the superior courtto compel compliance with this Declaration.

Appeal Rights

18. Respondent is hereby notified that it has a right to an adjudicatory hearing on this Order.Pursuant to M.G.L. c. 21G, § 12 and 310 CMR 36.40(1) and effective twenty-one days afterthe Order is received by the Respondent, Respondent shall be deemed to have waived its rightto an adjudicatory hearing on this order unless Respondent files with MassDEP (i.e.,MassDEP receives), a written notice of claim for an adjudicatory appeal that clearly andconcisely states every point of fact and law Respondent intends to raise as grounds for theappeal, the relief sought, and any additional information required by applicable law. Therequest must be mailed to:

Commonwealth of MassachusettsMassDEP-Office of Appeals and Dispute Resolution

One Winter StreetBoston, MA 02211

And a copy sent to:

Heidi M. Zisch, CounselMassDEP-Office of General Counsel

Northeast Regional Office205B Lowell Street

Wilmington, MA 01887

The appeal must be accompanied by a valid check made payable to Commonwealth ofMassachusetts in the amount of $100.00 for the required filing fee. The filing fee must bemailed to:

Commonwealth of MassachusettsMassDEP-Office of Appeals and Dispute Resolution

P.O. Box 4062Boston, MA 02211

The filing fee is not required if the appellant is a city, town, county, or district of theCommonwealth of Massachusetts or a municipal housing authority.

Failure to pay the filing fee as required is grounds for dismissal of the request for hearing.

Waiver of filing fee: Upon a showing of undue financial hardship, MassDEP may waivethe adjudicatory hearing filing fee. A person who believes that payment of the $100.00filing fee would be an undue financial hardship must file, together with the request for

adjudicatory hearing as provided above, an affidavit setting forth the facts the appellantbelieves constitute the undue financial hardship.

Protection this 24th day ofAugust 2020.

Massachusetts Department of Environmental ProtectionOne Winter Street, Boston MA 02108 • Phone: 617-292-5751Communication For Non-English Speaking Parties -3IOCMRI.03(5)fa)

English:This document is important and should be translated immediately. If you need this documenttranslated, please contact MassDEP’s Diversity Director at the telephone numbers listedbelow.

Espanol (Spanish):Este documento es importante y debe sec traducido inmediatamente. Si necesita este

______

documento traducido, por favor póngase en contacto con el Director de DiversidadMassDEP a los nUmeros de teléfono que aparecen mãs abajo.

E__13

Portuguës (Portuguese):Este documento e importante e deve sec traduzida irnediatamente. Se vocë precisa destedocumento traduzido, por favor, entre em contato corn Diretor de Diversidade da MassDEPpara os nimeros de telefone listados abaixo.

LJ4(a)

(L) (Chinese (Traditional):P#O WTlJ!hMassD

--,4fb) 1Il (fcJI) (Chinese (Simplified):

T-MassD

5 Ayisyen (franse kreyôl) (Haitian) (French Creole):Dokiman sa-a se yon bagay enpOtan epi yo ta dwe tradui irnedyatman. Si ou bezwen

Idokiman sa a tradui, tanpri kontakte Divësite Direktë MassDEP a nan nimewo telefOn ki nanis pi ba a.

a6 Viët (Vietnamese):Tãi lieu nay là rt quan trong và cn du’Q’c dch ngay lp tü’c. Nu bn cn dch tãi Iiunäy,xin vul lông lien h vOi Giãm d6c MassDEP da dng t?i cãc sO din tho?i du’ac lit ké dLvàiday.

71(Kmer (Cambodian):FThYl JU: LU

MassDEP titnJ8flr8tLH9

_______

8 Kriolu Kabuverdianu (Cape Verdean):

_______

Es documento e impoflante e deve ser traduzido imidiatamente. So bo precisa desdocumento traduzido, por favor contacta Director de Divers/dade na MassDEP’s pa esnumero md/code Ii d’boche.

9 PyCCKM 53bIK (Russian):3T0r OKy1eHT OJ7)1(H 6bITb HeMeJ1eHHo. Ec.rni BaM H)KH flOMOLUb np nepeBoLe) CB)KMTeCb

________

noanycia C 1KT0OM no 3T1K L1 pa3Hoo6pa3l4e s Mas5DEP no TeJie4oHy KB3HHOM

H1)Ke.

Contact Michelle Waters-Ekanem, Diversity Director/Civil Rights: 617-292-5751 TTY# MassRelay Service 1-800-439-2370. http://www. mass. gov!eea/aqencies/massdep/servce/justice/

11 ‘)I 17’

(Arabic):L?

- JLi k4yA ki S tJ UJ

:f-ii zMassDEP

II }01 (Korean):01 kL oFEi Ai jM0LICL 0I i0I /&c1 0FaB-I ?iF

—--— Cl- O1I 21AII HFtLlLF.

12 huajhpth (Armenian):Uju mU1flU1I&flUfl&I1 pflhmfI t hi.. uhu pmpqLu1 mhU2mu4hu. bh hquihhprndh2m t mju 4mummnuij pmpqilmh4h rjjnfh MassDEP pmqilmqmhnLpjnLbmtiophb hhnu4unumhun1mphhp p4mpl]4mb hh umnphi.

FJ13-j1i (Farsi [Persian]):4 j ..n.,l

_____

jS MassDEP ]I4 i 4i

I

114Francais (French):

Ce document est important et devrait ëtre traduit immédiatement. Si vous avez besoin de cedocument traduit, si! vous plaIt communiquer avec le directeur de a diversité MassDEP auxnuméros de téléphone indiqués ci-dessous.

F15 Deutsch (German):Dieses Dokument 1st wichtig und soilte sofort übersetzt werden. Wenn Sie die Ubersetzung

_______

von diesem Dokument benotigen, wenden Sie sich bitte bei der/dem Diversity DirectorMassDEP an die unten aufgefuhrte Telefonnummer.

EAAr1vIKr (Greek):u

______

To EPG(O GUTO LI VOl G9pQVTIKÔ KOl ea TrpEUEI VO pETQ(ppaaToUV apawç. Av XPLIOEGTEGUTQ TO Eyypacpo pETQcppaETaI, 1TOPGKGAOUpL ETiK0iW GTE Diversity Director MassDEPKQTG Touç apiepoUc TqAEq)WVOU TfOU QVQypG(pETQ 1110 KaTW.

jJ

17 Italiano (Italian)::Questo documento e importante e dovrebbe essere tradotto immediatamente. Se avetebisogno di questo documento tradotto, Si prega di contattate Ia diversitä Direttore diFvlassDEP ai numeri di telefono elencati di seguito.

18 Jçzyk Poiski (Polish):Dokument ten jest wazny I powinien bye natychmiast przettumaczone. JeéIi potrzebujesz

____

tego dokumentu tlumaczone, prosimy o kontakt z Dyrektorem IvlassDEP w rOnorodnoéci nanumery telefonOw wymienionych poniej.

ri (Hindi):

dccILI0 3lo1cII 11I 1l-1I tII1. 3-IN 3c1I., %-c1I1 1

+th tT qT MassDEP t I1IT IrT -Nc

Contact Michelle Waters-Ekanem, Diversity Director/Civil Rights: 617-292-5751 TTY# MassRelay Service 1-800-439-2370 http:llwww, mass.g ov/eea/aencies/massdep!service/justice/(Version 11.21.17)

MUNICIPAL AID AGREEMENT

Whereas the Town of Ashland currently has a need to obtain a sufficient amount of potablewater to address the needs of its existing municipal water use and supply and the Town ofSouthborough currently possesses sufficient existing capacity to address certain requirements ofthe Town of Ashland. The parties mutually agree to enter into this Municipal Aid Agreement.

PARTIES

The Town of Southborough is a municipality with a business address of 1 7 Common Street.Southborough, MA 01772.

The Town of Ashland isa municipality with a business address of 101 Main Street. Ashland.MA 01721.

TERMS AND CONDITIONS

This agreement between the parties shall be binding for the period of six months after the finalexecution of this Agreement and may be renewed with the express written consent of bothparties and an affirmative vote of the Massachusetts Water Resources Authority Advisory Board.Approval from the MWRA shall be obtained by the Town of Ashland and evidence of thisapproval shall be attached hereto.

1. The Town of Southborough through its existing infrastructure agrees to provide up to sevenhundred and fifty thousand (750,000) gallons of potable water per day to provide sufficientwater volume and water pressure to augment the Ashland water distribution infrastructure.The ability of the Town of Southborough to provide the water volume and water pressure isnecessarily dependent on the current existing supply and pressure. In the event the Town ofSouthborough encounters pressure and/or supply problems the Town of Southboroughreserves the right in its sole discretion and in the public interest of its inhabitants to terminatethe supply of potable water as provided for herein with seven (7) days notice to the Town ofAshland. In the event of an emergency as determined by the Board of Selectmen of the Townof Southboro ugh, its F ire Department. Police Department. Superintendent of Public Works, orTown Engineer, the Town of Southborough shall have the right to immediately terminate thesupply of water as provided pursuant to this agreement until such time as said official(s)determine that the emergency has been abated.

2. The Town of Ashland shall obtain water from the Town of Southborough through theemergency connection located at Edgewood Drive/Thomas Road. There shall be a meter torecord all usage which will form the basis by which the Town of Southborough charges theTown of Ashland for water service.

3. The Town of Southborough shall work within the Southborough distribution system tooptimize existing operations of the MWRA supply source to accommodate the Town ofAshland’s withdrawal to the extent that the existing system is capable of producing.

4. The Town of Ashland shall be billed at the prevailing MWRA water rate in effect on the dateof this agreement and as amended at any time during the term of this agreement or anyextension or renewal thereof, plus any additional costs and surcharges incurred by the Townof Southborough in relation to providing water service to the Town of Ashland in accordancewith the terms of this agreement. The Town of Ashland shall be billed monthly for water so

obtained by the Town of Southborough, and shall pay said invoices within thirty days. TheTown of Southborough shall pay for water obtained from the MWRA for the Town ofAshland at the prevailing MWRA rate. The Town of Ashland shall directly pay to theMWRA a 10% surcharge or other applicable surcharge in accordance with MWRAregulations for water obtained from the MWRA through the Town of Southborough.

5. Except as otherwise provided herein, the parties further agree that any dispute arising out ofthis agreement shall be resolved between the Town of Southborough Board of Selectmen andthe Town of Ashland Board of Selectmen.

6. In the event the parties fail to reach a resolution then claims, disputes or other matters inquestion between the parties to this agreement. arising out of or relating to this agreement. orbreach thereof, shaLl be subject to mandatory arbitration by the MWRA Advisory Boardwhose decision shall be binding:

7. The parties hereby agree that this agreement is made in, governed by. to be performed in, andshall be construed in accordance with the laws of the Commonwealth of Massachusetts.

TOWN OF SOUTHBOROUGH TOWAOF ASHLAND

4/

________________

Towl? Administrator, n Manager.Hereunto Duly Authorized {ereunto Duly Authorized

Date Date

Approved as to form

Aldo A. Cipriano, Esq.Southborough Town Counsel

t ftH9Date ‘ /

From: Todd CamentierTo: Lori Esoosfto

Subject: Tomasso App for outdoor diningDate: Monday, August 24, 2020 2:35:01 PMAttachments: Outdoor dining aoolication.odf

[EXTERNAL]

Hello Lori,

Thank you very much for helping out with this.

Attached is the application and a picture of our signed ABCC license by the town.

The last 2 pages on the application PDF will show the area we intend on having outdoor dining.

The 2nd to last page is a birds eye view. The area circled in blue is where we will be having outdoor

dining. The area circled in Red is currently being used by Hola for their outdoor dining.

Last page is the permission from Capital Group Properties to use the parking lot area for outdoor

dining.

In regards to barriers, Capital Group will be providing us with the barriers — as they have with Hola.

We will be using our own furniture for the outdoor dining (tables / chairs). They ate solid, stained

and finished wood — easy to clean / sanitize between use.

As indicated, I still have not secured a tent. I am working on that now.

Thanks!

Sent from Mfl for Windows 10

Ion Esposito

From: Laurie LivoliSent: Tuesday, August 25, 2020 5:41 PM

To: Lori Esposito

Subject: Re: Tomassos Application

The tent permit has been issued. Once all set up we will inspect

Sent from my iPhone

> On Aug 25, 2020, at 9:24 AM, Laurie Livoli <llivoli@southboroughma.com> wrote:>

> Hi,>

> Have not received yet. I think he said on the application he was still working on. Once we receive we will

expedite.>

> Sincerely,>

> Laurie>

> Laurie A. Livoli, C.B.O.> Building Commissioner/Zoning Enforcement Officer Town of Southborough> 9 Cordaville Road, Lower Level Rear> Southborough, MA 01772> llivoli@southboroughma.com> 508-485-0717>

>

> Original Message> From: Lori Esposito <lesposito@southboroughma.com>> Sent: Tuesday, August 25, 2020 9:23 AM> To: Laurie Livoli <llivoli@southboroughma.com>> Subject: RE: Tomasso’s Application>

> Thanks Laurie. So is he’s all set with a tent as well?>

> Lori Esposito> Executive Assistant> Town of Southborough> 17 Common Street> Southborough MA 01772> 508-485-0710 ext.3004>

> Original Message> From: Laurie Livoli

1

TempOrary Extension of Premises for Outdoor Dining

Application Requirements:

Please email to Ion Esposito at lesposito@southboroughma.com or

send via mail with attention to:

Board ofSelectmen

17 Common Street

Southborough, MA 01772

Or drop off application in the green mailbox outside the Town House at 17 Common Street,

Southborough

LApplication Form — fill out the attached application form and include it with your submittal. There is

no application fee.

IL Copy of current ABCC License - if applicable - if currently licensed to serve/pour alcohol on-premises.

Guidelines and Application Requirements

me Town of Southboml4h has developed the following idance for the temporary use of a private

padclng lot or land adjacent to ‘your restaurant to allow for outdoor dining to Increase business activity

and revenues In a safe and responsible way during the CO19 pandemic.

Please be aware that this temporary expansion of premises Is only effective through Novembet 1,2020,

or until the Governor’s Order of June 1, 2020 Is rescinded, whichever Is sooner, at which time wili revert

to the original licensed premise.

Before the private parking lot or land is used for the benefit of the restaurant, the owner or

hIser/the1r designee, shall submit the following information to the Town of Southbotoulh for

approval.

Pfease direct Inquires to the Selectmen’s Office:

Lan Esposito, Executive Assistant to the Board of Selectmen

508-485-0710

lesoosjtosouthborouehmp.com

For additional information regarding COVID safety and sector-specific guidance for reopening, go to:

http5://www.mass.ov/info-details/reopening-massachusetts

https://www.mass.gov/doc/abcc-advisory-regarding-Ila-apptovai-pf-outdoor-seatingjdownload

I

Ill. Tent Permit - If installing a tent, a Tent Permit must be obtained from the Building Department.

50% of the cover’s perimeter must be open, meaning a top and two side coverings are acceptable.

V. Permission of Property Owner, if applicable — If the parking lot is not owned by the restaurant,

submit a letter of permission from the owner of the parking lot indicating permission to use it for

outdoor dining.

V. Site Plan — submit a drawing showing the parking lot you would like to use for outdoor dining that

Includes the following information (please adhere to state guidance):

- Dimensions of the portion of the parking lot to be used for outdoor dining. Include the number

of spaces that will be used for dining.

- Layout of tables and chairs.

o Tables must be 6’ apart to facilitate social distancing

o Identify the number of seats per table and 6’ radius around each table.

o The size of a party seated at a table cannot exceed 6 people.

- Description of proposed furniture. Must be smooth, durable, and easy to clean.

- Photo or description of barriers to be used to protect diners from vehicles and their locations

(i.e. at entrance(s) to parking lots, around the portion of the lot being used for outdoor dining.

etc.).

- Locations of directional signage, and signage posted to employ social distancing and hygiene

protocols.

- The outdoor dining area and barriers must be accessible and meet ADA regulations.

- Alternative Parking Area(s) — describe or indicate on the site plan, other areas where customers

could park when visiting your establishment. Indicate whether you will rely on street parking.

Vi. Outdoor Dining COV1D-19 Safety Protocol Plan — fill out the attached form and include it with your

submittal

VU. Outdoor Dining COVID-19 Safety Protocol Affidavit — review the attached affidavit and include the

signed document with your submittal.

VIII. Insurance — Provide copy of current Certificate of Insurance with appropriate limits

Certl&ate of be nd approved

All tents must comply with 780 CMR sections 106,34, 10 and chapter 24 of the international

Fire Code (Tent rental companies should be familiar with codes.)

Tents must have an approved fire extinguisher on site. (exit signage, emergency lighting and

lights are required.)Portable heaters must be Inspected and approved and carbon monoxide detectors may be

requited.

For details of tent permit requirements go to:contact the

Building Commissioner Laurie UvoH at IlivollP$oUthborouRhma.com.

lx. kection — All temporary outdoor dining areas shall be inspected by the inspection team prior to

occupancy.

The restaurant, throtigli tserand/or manager, Is responsible for the following as ft pertains to the

use of the paddrig lot for outdoor dining:

1. Adherence to the plans and document submitted, reviewed, and approved;

2. Food and Alcoholic beverages may not be served outside of a licensed establishment unless and until

an application to extend the licensed premises has been approved.

3. The outdoor area must be contiguous to the licensed premises with either (a) a clear view of the area

from inside the premises, or (b) the licensee may commit to providing management personnel dedicated

to the area.

4. Procurement of tables, chairs, disinfecting stations, and any other physical items that will be used in

the outdoor dining area;

5. Procurement and installation of temporary safety barriers to protect diners from vehicles; and

6. Provide evidence of liability insurance to the Town covering the new dining space.

Rights of the Town of SouthborouRh

The Town of Southborough reserves the right to revoke its permission to allow the use of the parking lot

for outdoor dining for the following reasons:

1. The application is for a business, which does not have the appropriate licensure for service of food

and where applicable, alcohol, including all requisite licenses/permits, such as: alcohol license for on-

premises consumption, common victualler, or food permit

2. The operation of the outdoor dining area is not in compliance with submitted safety protocols;

3. The outdoor dining area is not facilitating safe passage in accordance with Americans with Disability

Act requirements.

4. The Board of Health, Chief of Police, and/or their designees determine that the operation of the

outdoor dining area is negatively impacting public health and safety.

5. The Governor’s COVID-19 Order No. 35 of June 1, 2020 is rescinded.

j

2.1I.w4t3ptlginjbr Outdoor Dining Area(s)

lI:3on — iOpv (clcasecl

Email Address: Tnc5o+rCC+l’ . CD”

3. Location(s) ofoutdoor dining area(s) proposed. Note: Circle the ones that apply

çg

4. woposed Outdoor capacity and Parking Spaces Note: Tables must be at least 6 feet apart to

facilitate social distancing.

Pf 1•ba•ji b 5 7 bIe-s o’ ‘a

jj c* I e.XM- c4.l eJ($+S

£ AlatholSales and Consumption (On-Premises): If your estabhshment is currently licensed

to serve/pout alcohol on premises, please enter your

lZ

Maximum Occupancy of temporary dining area:

By signing this form the Applicant acknowledges that he/she understands and will comply with

&l applicable liquor regulations set forth by the Local Ucensing Authority (BOS) of the Town of

SoUtlIbcnxh, Alcoholic Beverages Control Commission, and any other local or state authority.

A 1..Fi+ rb,1l,T,,... :::_—c:

-ZE_m ô.m35 ‘7p..il4w%

;;:;-.;;;Mai— i4 7.inpke 51.31b.1.qk M

Len PhoneTcne oT’4(i’

Manlier: r.Prop.ity Owner C+.i G QrPft’4$

I

De Lawn Patio Sidewalk

NumberofSeats: 2.t)- 2’X

Other (specify):

Number of Tables: 5 — 7 pw%

ABCC Ucense #:

I

L USE ONLY. PREMISES MEETS EXTENSION REQUIREMENTS

This license has been:

APPROVED

DENIED

Inspection Completed:

Building;

_________Health: _________

Board of Selectmen or their designee:

___________

Date:

Police:

__________

Fire:__________ Planning:

_______

I. G,e the baies to trtr that you haw

Wnsuted that all persons, Including employees and customers in the outdoor dining area,

remain at least six feet apart to the greatest extent possible.

Established protocols to ensure that employees can practice adequate physical distancing.

Posted signage for safe physical distancing.

3’Required face coverings or masks for all employees that cover their mouth and nose.

II. Hygiene Protocols. Check the boxes to certify that you have:

Provlded hand washing capabilities throughout the workplace.

Ensured frequent hand washing by employees and provided adequate supplies to do so.

Provided regular sanitization of high touch areas, such as workstations, equipment,

screens, tables and chairs, perimeter barriers, doorknobs, restrooms.

implemented additional procedures. Please describe them here:..rc re€’” c...t e,f1’/€€i hie4irC.

ilL Staffing and Operations. Check the boxes to certify that you have: ci.n4’ tqt”e’5

Provided training for employees regarding the social distancing and hygiene protocols.

‘tnsured employees who are displaying COVID-19-like symptoms do not report to work.

1mpIemented additional procedures. Please describe them here:

116 CleanIng and Dlslnftcting. Check the boxes to certify that you have:

Established and maintained cleaning protocols specific to the outdoor dining area.

Ensured that when an active employee is diagnosed with COVID-19, cleaning and

disinfecung is performed

(‘Prepared to disinfect all common surfaces at intervals appropriate to said workplace.

TOWN OF SOUTHBOROUGH

OUTDOOR DINING COVID-19 SAFETY PROTOCOL PLAN

WmpIemented additional procedures. Please describe them here:

Signature of Owner/Manager Print Name

Cc5d-pe%cr-Datet

TOWN OF SOUThBOROUGH

OUTDOOR DINING COVID-19 SAFETY PROTOCF)DAVTT

L2’1 C’i-pe’*r-”- (name) being the owner or manager of1rrwii5Si 1r1”Tame of

restaurant) located at 159 v-’ilr.c. ,(jk (address), Southborough. MA,

acknowledge and accept the responsibilities of maintaining a clean and safe outdoor dining

experience for guests and for staff in the outdoor dining area through the diligent adherence to

the Outdoor Dining COVID-19 Safety Protocol Plan submitted along with any and all mandatory

state safety standards for workplaces and outdoor dining.

Signature of Applicant

fcId Cr’r-,

Date

Print Name

—p —

p-n

a-- .a

Front: Katie Keefe

Sent Thursday, August 20, 2020 1:34 PM

To: Todd CarpentlerSubject Re: Outdoor dining

Hi Todd,Capital Group approves Tomasso providing outdoor dining in the area marked

in red on the plan below.

Please let me know it YOU need anything else.

Thank you

F’

0

U

rr.f;

. I

Y. PP5M5 MEETS E ENSCt *EQLHREUCNfl

1IUcahis been

DENIED

Inspection Completed:

Building: V Health: — Police: Fire:_______

Board of Selectmen or their designee:

4

Planning:

FOR INTERNAL USE ONLY. PREMISES MEETS EXTENSION REQUIREMENTS

This License has been:

APPROVED

DENIED

Inspection Completed:

Building:

__________Health: __________

Police:

___________

Fire:___________ Planning:

________

Board of Selectmen or their designee:

_____________

Date:

FOR INTERNAL USE ONLY. PREMISES MEETS EXTENSION REQUIREMENTS

This License has been:

APPROVED

DENIED

Inspection Completed:

Building:

_________Health: _________

Police:

__________

Fire:__________ Planning: kQBoard of Selectmen or their designee:

Date:

Ion Esposito

From: Karma G. QuinnSent: Tuesday, August 25, 2020 3:39 PM

To: Lori EspositoCc: Ryan Newell; Barbara Spin; Julieann Lamy; Laurie Livoli; Steven Achilles; Kenneth

Paulhus; Paul Pisinski; Sarah Hoecker

Subject: RE: Tomasso App for outdoor dining

Attachments: 154 Turnpike Rd-Site Plan 01.16.03.pdf

Hi Lori:The Planning Department has reviewed and approves of the “Temporary Extension of Premises for Outdoor Dining”

dated 8/24/20 for Tomasso Trattoria restaurant located at 154 Turnpike Road based on the information below. The

Planning Board has previously agreed in general that “Temporary Outdoor Dining” was a good approach in order to help

businesses stay viable during the pandemic restrictions.

The Site Plan that was approved for 154 Turnpike Road in January 2003 shows that 148 parking spaces were proposed,

an excess of 29 spaces beyond the required 119 spaces, so that is helpful, see attached. The applicant/owner is to

adhere to the following conditions:1. No parking should be allowed on Breakneck Hill Road and traffic exiting the site onto Breakneck Hill Road is

restricted to right turn only out of the site as per 2003 Site Plan Approval.

2. Any Lighting to accommodate the Temporary Outdoor Dining shall be shielded as applicable to not impact off-

site.3. Handicap Accessible parking spaces impacted by the Temporary Outdoor Dining should be temporarily relocated

to acceptable alternate location(s).

Based on the above information, please initial the subject “Tomasso Trattoria” restaurant’s Temporary Outdoor Dining

approval document for me under Planning sign off.

Thank you,

Karma G. Quinn, P.E.Town PlannerTown of Southborough17 Common StreetSouthborough, MA 01772T: (508) 485-0710 ext.3028www.southboroughtown.com

Be advised that the MA Secretary of State considers email a public record.

From: Lori EspositoSent: Tuesday, August 25, 2020 8:20 AMTo: Laurie Livoli <llivoli@southboroughma.com>; Steven Achilles <sachilles@southboroughma.com>; Kenneth Paulhus

<kpaulhus@southboroughma.com>; Paul Pisinski <ppisinski@southboroughma.com>; Karma G. Quinn

<kquinn@southboroughma.com>Cc: Ryan Newell <rnewell@southboroughma.com>; Barbara Spin <bspiri@southboroughma.com>; Julieann Lamy

<jlamy@southboroughma.com>; Sarah Hoecker <shoecker@southboroughma.com>Subject: FW: Tomasso App for outdoor dining

1

Good morning,

Tomasso’s application for outdoor dining is attached (with additional information in his email below). In the spirit of

supporting our local businesses, is there any way that we can get this expedited to review and approve our respective

concerns? Kindly provide feedback and/or sign off once complete.

Thank you,

Lorl EsposItoExecutive AssistantTown of Southborough17 Common StreetSouthborough MA 01772508-485-0710 ext.3004

From: Todd Carpentier <todd@tomassotrattoria.com>Sent: Monday, August 24, 2020 2:35 PMTo: Lori Esposito <lesposito@southboroughma.com>

Subject: Tomasso App for outdoor dining

[EXTERNAL]

Hello Lori,

Thank you very much for helping out with this.

Attached is the application and a picture of our signed ABCC license by the town.

The last 2 pages on the application PDF will show the area we intend on having outdoor dining.

The 2’ to last page is a birds eye view. The area circled in blue is where we will be having outdoor dining. The area

circled in Red is currently being used by Hola for their outdoor dining.

Last page is the permission from Capital Group Properties to use the parking lot area for outdoor dining.

In regards to barriers, Capital Group will be providing us with the barriers — as they have with Hola.

We will be using our own furniture for the outdoor dining (tables / chairs). They are solid, stained and finished wood —

easy to clean / sanitize between use.

As indicated, I still have not secured a tent. I am working on that now.

Thanks!

Sent from Mail for Windows 10

2

L’i z

i118r ‘i 0 I,

, z 0

Town of Southborough, Massachusetts

TEMPORARY LICENSE EXTENSION On June 6, 2020, Governor Charlie Baker declared that the Commonwealth had entered Phase II of its reopening plan. According to the Governor and the Executive Office of Housing and Economic Development, licensees for on-premises consumption of alcohol may commence outdoor seated service, provided food is prepared on-site under a retail food permit issued by a municipal authority pursuant to 105 CMR 590.000.

This is to certify that the Board of Selectmen of the Town of Southborough has granted a temporary license to:

FOR THE SALE OF: All Alcoholic Beverages

This license is granted and accepted upon the express condition that the license shall, in all respects, form to all the provisions of the Liquor Control Act, Chapter 138 of the General Laws as amended, and any rules or regulations made thereunder by the Board of Selectmen. IN TESTIMONY WHEROF, the undersigned have hereunto affixed their official signatures on August 28, 2020 ____________________________

_______________________________ Expires: November 1, 2020 or until the order

_______________________________ is rescinded, whichever comes first

_______________________________

_____________________________

Board of Selectmen (Local Licensing Authority)

L Carpentier Inc., d/b/a Tomasso Trattoria & Enoteca 154 Turnpike Road

DESCRIPTION OF OUTDOOR PREMISES:

Four (4) parking lot spaces immediately adjacent to the sidewalk in front of the restaurant, with a total of up to 7 tables, containing 4 seats per table, for a maximum outdoor occupancy of 28.