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Selectmen’s Meeting – May 3, 2012 Wright Farm Discussion Mr. Valente updated the Board on the Letter of Intent to purchase the Wright Farm property. The Letter of Intent has been completed and it is near final. Mr. Valente is waiting for the seller to give us a signature copy. He will have it for the Selectmen’s meeting on Monday. In response to Mr. Kelley’s question, Mr. Valente reported that we have confirmation from the Department of Revenue that there will not be roll back taxes due in this type of sale since there is no change in use. Mr. Kelley referred to a letter from the Lexington Housing Assistance Board and asked whether there was some commitment that the piece of property which will remain in private use would eventually be purchased by the Town and be used for affordable housing. Mr. Valente reported that there has not been a commitment. The Town will have an option to purchase the parcel, and if the Town purchases it, how it will be used will solely be at the Town’s discretion. Ms. Mauger commented that there was no commitment on the part of the current Board of Selectmen and it would not be a proper role for the Board to tie the hands of a future Board of Selectmen. Upon motion duly made and seconded, it was voted 5-0 to approve the Letter of Intent for the acquisition of the Wright Farm on Grove Street. Inn at Hasting’s Park Memorandum of Understanding Mr. Kelley is not in support of Article 34 – Amend Zoning By-Law – Dana Home Property Land Rezoning. He is concerned about whether the Memorandum of Understanding (MOU) for the Inn at Hasting’s Park gives the same level of assurance as the language in the 2004 covenant regarding the Patriot’s Partners property, where the obligations set forth shall run with the Property, and be binding on successors and assigns and any party holding title to the property. He would like to see a covenant get drafted as well as more specific limitations in the MOU regarding liquor and food service, hours of operation, and how to assure quiet hours. Ms. McCall-Taylor, Planning Director, stated that the MOU does contain the words “the terms of this MOU are binding on the Applicant, its successors and assigns.” Further along in the MOU under permitting, it says “any provision of this Agreement will be incorporated into, and made a condition of, any permit or approval granted by the Town. If for any reason this Agreement is not incorporated into the special permit granted by the Zoning Board of Appeals, this Agreement shall be recorded.” Ms. Mauger pointed out that Town Counsel has advised that a covenant would be redundant as the MOU is the prevailing document and it is binding on the applicant and successors. Mr. Cohen explained that the law changed when a case in 2003 overturned some of the past practices relating to contract zoning, and that’s why we have gone to the MOU.