HomeMy WebLinkAbout2019-04-03 BOS Packet - Released SELECTMEN'S MEETING
Wednesday,April 3, 2019
Town Office Building, 1625 Massachusetts Avenue, Selectmen's Meeting Room
6:00 PM
AGENDA
PUBLIC COMMENTS
Public comments are allowed for up to 10 minutes at the beginning of each meeting. Each speaker is
limited to 3 minutes for comment. Members of the Board will neither comment nor respond, other than
to ask questions of clarification. Speakers are encouraged to notify the Selectmen's Office at 781-698-
45 80 if they wish to speak during public comment to assist the Chairman in managing meeting times.
SELECTMAN CONCERNS AND LIAISON REPORTS
TOWN MANAGER REPORT
ITEMS FOR INDIVIDUAL CONSIDERATION
1. 2019 Annual Town Meeting 6:05 p.m.
• Discussion-Article 27:Appropriate For Authorized Capital Improvements
• Possible Reconsideration - Article 39: Amend Zoning Bylaw-Limited Site Plan
Review(Citizen Article)
• Article Discussion
• Article Positions
2. Approve and Sign Memorandum of Understanding- 186 Bedford Street 6:35 p.m.
3. Solar RFP 6:45 p.m.
ADJOURN
1. Anticipated Adjournment 7:15 p.m.
The next regularly scheduled meeting of the Board of Selectmen will be held on Monday,April 8,
2019 at 6:30 p.m. in the Selectmen's Meeting Room, Town Office Building, 1625 Massachusetts
Avenue.
Hearing Assistance Devices Available on Request
All agenda time and the order of items are approximate and LeXfed4,
subject to change. Recorded by LexMedia
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
2019 Annual Town Meeting
PRESENTER:
ITEM
NUMBER:
Board Discussion
I.1
SUMMARY:
• Discussion-Article 27:Appropriate For Authorized Capital Improvements
• Possible Reconsideration-Article 3 9:Amend Zoning Bylaw-Limited Site Plan Review(Citizen Article)
• Article Discussion
• Article Positions
• The Board will discuss the Ad Hoc Crematory Study Committee Interim Report
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
4/3/2019 6:05 p.m.
ATTACHMENTS:
Description Type
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D Merrio„ _,en.t r'J'.ruck.11a oject 1.,a.ckup Ullatenal
D Ad,I..::l.oc Crernatory Study '"ban�ttee Interirn.Repo rt f3ackup Material
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11 1 1 1 1 1 1 1 1 1 N
i" TOWN OF LEXINGTON WARRANT
FIE
2019 ANNUAL TOWN MEETING
APRII.1
Commonwealth of Massachusetts Middlesex, ss.
To either of the Constables or Town Clerk of the Town of Lexington, in said County, Greetings:
In the name of the Commonwealth of Massachusetts,you are directed to notify the inhabitants of the Town of
Lexington qualified to vote in elections and in Town affairs to meet in their respective voting places in said Town.
PRECINCT ONE, SCHOOL ADMINISTRATION BUILDING; PRECINCT TWO, BOWMAN SCHOOL;
PRECINCT THREE, LEXINGTON COMMUNITY CENTER; PRECINCT FOUR, CARY MEMORIAL
BUILDING; PRECINCT FIVE, SCHOOL ADMINISTRATION BUILDING; PRECINCT SIX, CARY
MEMORIAL BUILDING; PRECINCT SEVEN,ESTABROOK SCHOOL; PRECINCT EIGHT, SAMUEL
HADLEY PUBLIC SERVICES BUILDING; PRECINCT NINE, KEILTY HALL, ST. BRIGID'S CHURCH,
On Monday,the Fourth Day of March 2019
From 7:00 a.m. to 8:00 p.m., then and there to act on the following article:
ARTICLE 1 NOTICE OF ELECTION
Two Selectmen for a term of three years;
One Selectman for a term of one year;
One Moderator for a term of one year;
Two members of the School Committee; for a term of three years.
One member of the Planning Board for a term of three years;
One member of the Lexington Housing Authority for a term of five years.
Nine Town Meeting Members in Precinct One, the seven receiving the highest number of votes to serve for terms of
three years; the one receiving the next highest number of votes to fill an unexpired term ending in March 2021; the
next highest number of votes to fill an unexpired term ending in March 2020;
Seven Town Meeting Members in Precinct Two,the seven receiving the highest number of votes to serve for terms of
three years;
Seven Town Meeting Members in Precinct Three,the seven receiving the highest number of votes to serve for terms
of three years;
Seven Town Meeting Members in Precinct Four, the seven receiving the highest number of votes to serve for terms
of three years;
Seven Town Meeting Members in Precinct Five,the seven receiving the highest number of votes to serve for terms of
three years;
Seven Town Meeting Members in Precinct Six,the seven receiving the highest number of votes to serve for terms of
three years;
Seven Town Meeting Members in Precinct Seven,the seven receiving the highest number of votes to serve for terms
of three years
Nine Town Meeting Members in Precinct Eight,the seven receiving the highest number of votes to serve for terms of
three years;the two receiving the next highest number of votes to fill unexpired terms ending in March 2020;
Eight Town Meeting Members in Precinct Nine,the seven receiving the highest number of votes to serve for terms of
three years;the next highest number of votes to fill an unexpired term ending in March 2020.
4
You are also to notify the inhabitants aforesaid to meet at the Margery Milne Battin Hall in the Cary Memorial
Building, 1605 Massachusetts Avenue, in said Town,
On Monday,the twenty-fifth day of March 2019 at 7:30 p.m.,
at which time and place the following articles are to be acted upon and determined exclusively by the Town
Meeting Members in accordance with Chapter 215 of the Acts of 1929, as amended, and subject to the referendum
provided for by Section eight of said Chapter, as amended.
ARTICLE 2 ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN
BOARDS, OFFICERS AND COMMITTEES
To see if the Town will vote to approve the Deputy Moderator nominated by the Moderator;receive the reports of any
Board or Town Officer or of any Committee of the Town; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
DESCRIPTION: This Article remains open throughout Town Meeting and reports may be presented
at any Town Meeting session by boards, officers,or committees. In addition,the Town will consider
the approval of the nomination of a Deputy Moderator as authorized under Section 118-11 of the Code
of the Town of Lexington.
ARTICLE 3 APPOINTMENTS TO CARY LECTURE SERIES
To see if the Town will authorize the appointment of the committee on lectures under the wills of Eliza Cary Farnham
and Susanna E. Cary; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
DESCRIPTION: This is an annual article that provides for the appointment of citizens to the Cary
Lecture Series by the Moderator.
FINANCIAL ARTICLES
ARTICLE 4 REDUCE COMMUNITY PRESERVATION ACT(CPA) SURCHARGE RATE FROM 3%
to 1% PURSUANT TO G.L. c. 44B, § 16 (Citizen Article)
To see if the Town will vote to change the current CPA surtax rate from 3%down to 1 %,providing an immediate tax
break to all Lexington residents.
(Inserted by Bridger McGaw and 9 or more registered voters)
FUNDS REQUESTED: None.
DESCRIPTION:This article seeks to reduce the CPA surcharge net to provide tax relief to Lexington
residents.In addition,special considerations must be given to covering debt for previous CPA-funded
projects,maintenance of historic properties, and future conservation land purchases.
ARTICLE 5 ESTABLISH QUALIFICATIONS FOR TAX DEFERRALS
To see if the Town will vote to adjust the current eligibility limits for property tax deferrals under Clause 41 A of
Section 5 of Chapter 59 of the Massachusetts General Laws as authorized by Chapter 190 of the Acts of 2008; or act
in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
DESCRIPTION: Chapter 190 of the Acts of 2008 allows Town Meeting, with the approval of the
Board of Selectmen,to make adjustments to the current deferral eligibility limits.
ARTICLE 6 APPROPRIATE FOR CREMATION FACILITY AT WESTVIEW CEMETERY
(Citizen Article)
To see if the Town will vote to raise and appropriate a sum of money for design,engineering and architectural services
including site work, value engineering, and cost estimating for plans and specifications to construct new Cremation
5
Facility at the Westview Cemetery and for the payment of all other costs incidental or related thereto;determine whether
the money will be provided by the tax levy,by transfer from other available funds,by borrowing,or by any combination
of these methods; or act in any other manner in relation thereto.
(Inserted by Dinesh Patel and 9 or more registered voters)
FUNDS REQUESTED: unknown a press time
DESCRIPTION: These funds will permit the design and construction work of a new crematorium at
the Westview Cemetery.
ARTICLE 7 APPROPRIATE FUNDS FOR THE CREATION OF A LEXINGTON ECONOMIC
DEVELOPMENT STRATEGY(Citizen Article)
To see if the Town will vote to appropriate a sum of money to fund the cost of developing an Economic Development
Strategy to be led by the Economic Development Office. The report will be submitted to the Town Manager and
Selectmen and published on the Town Website within 6 months of passage of this article.
(Inserted by Bridger McGaw and 9 or more registered voters)
FUNDS REQUESTED: $100,000
DESCRIPTION:The funds requested under this article will go to the development of a holistic
Economic Development Strategy that will provide recommendations for changes to zoning,permitting,
design guidelines,marketing, outreach, and development mitigation.
ARTICLE 8 FUNDING FOR SUSTAINABILITY ACTIONS
(Citizen Article)
To see if the Town would endorse the establishment of a revolving fund or other similar mechanism,which would use
revenue,grants,or savings generated by Sustainable Action Plan programs to fund additional programs proposed under
the Sustainability Action Plan and approved by the Board of Selectmen;or any other mechanism in furtherance thereof.
(Inserted by Ricki Pappo and 9 or more registered voters)
DESCRIPTION: This article seeks to establish a revolving fund,or some other mechanism,from the
earnings of projects promoted through the Sustainable Action Plan for the Town to invest in future
actions proposed under the Sustainable Action Plan.
ARTICLE 9 SUSTAINABILITY DIRECTOR(Citizen Article)
To see if the Town will vote to raise an appropriate sum of money for the purpose of hiring a Sustainability Director
whose explicit responsibility is, in collaboration with Sustainable Lexington, to oversee the implementation and
effective management of the recommended actions in the Sustainable Action Plan, and the Net Zero Emissions
Roadmap; or to act in any other manner in furtherance thereof.
(Inserted by Ricki Pappo and 9 or more registered voters)
DESCRIPTION: The funds requested under this article will go to the salary and benefits for a
Sustainability Director, whose duties will include recommending, developing, monitoring, and
securing grants for programs designed to enhance Lexington's long term sustainability and resilience.
ARTICLE 10 APPROPRIATE TO POST EMPLOYMENT INSURANCE
LIABILITY FUND
To see if the Town will vote to appropriate a sum of money to the Town of Lexington Post Retirement Insurance
Liability Fund, as established by Chapter 317 of the Acts of 2002; determine whether the money shall be provided by
the tax levy,by transfer from available funds, including enterprise funds, or by any combination of these methods; or
act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: $1,885,486
6
DESCRIPTION: This Article will allow the Town to continue to fund its liability for post-employment
benefits for Town of Lexington retirees. Beginning with the FY2007 audit, the Town was required
to disclose this liability. Special legislation establishing a trust fund for this purpose was enacted in
2002.
ARTICLE 11 APPROPRIATE FY2020 OPERATING BUDGET
To see if the Town will vote to make appropriations for expenditures by departments,officers,boards and committees
of the Town for the ensuing fiscal year and determine whether the money shall be provided by the tax levy,by transfer
from available funds, by transfer from enterprise funds, or by any combination of these methods; or act in any other
manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: See the most recent version of the FY2020 budget proposals posted at
lexingtonma.gov/budget.
DESCRIPTION: This Article requests funds for the FY2020(July 1,2019-June 30,2020)operating
budget. The operating budget includes the school and municipal budgets. The operating budget
includes requests for funds to provide prospective salary increases for employees, including salaries
to be negotiated through collective bargaining negotiations. The budget also includes certain shared
expenses.
ARTICLE 12 APPROPRIATE FY2020 ENTERPRISE FUNDS BUDGETS
To see if the Town will vote to appropriate a sum of money to fund the operations of the DPW Water and Wastewater
Divisions and the Department of Recreation and Community Programs;determine whether the money shall be provided
by the estimated income to be derived in FY2020 from the operations of the related enterprise, by the tax levy, by
transfer from available funds, including the retained earnings of relevant enterprise fund, or by any combination of
these methods; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED:
Enterprise Fund FY2018 FY2019 FY2020
a) Water Actual ppropria a F;equested
Personal Services $674,791 $77106 $785M10
Expenses $383,853 $494M25 $508,875
Debt Service $1,470,390 $1,463,902 $19277,412
MWRA Assessment $7,246,531 $7,12806 $7184007
Total Water Enterprise Fund $99775,565 $9,8579819 $109412,104
b) Wastewater
Personal Services $230,757 $359,312 $355,614
Expenses $325,482 $408 J 50 $432,950
Debt Service K033,672 $1120304 $11253,756
MWRA Assessment $71402,979 $71402,979 $811431277
Total Water Enterprise Fund $89992,890 $9,373,445 $109185,597
c) Recreation and Community Programs
Personal Services $112781403 $19416,168 $194711683
Expenses $L246,737 $15434,325 $19481,895
Subtotal-Personal Services/Expenses $29525,140 $29850,493 $29953,578
Debt Service $100,000 $0 $0
Total Recreation and Community Programs
Enterprise Fund $29625,140 $2,850,493 $29953,578
7
DESCRIPTION: Under Massachusetts General Laws Chapter 44,Section 53FY2,towns may establish
Enterprise Funds for a utility, health care, recreation or transportation operation, with the operation
to receive related revenue and receipts and pay expenses of such operation. This article provides for
the appropriation to and expenditure from three enterprise funds previously established by the Town.
The Recreation and Community Programs Fund includes the operations and programs for the
Community Center.
ARTICLE 13 ESTABLISH AND CONTINUE DEPARTMENTAL REVOLVING FUNDS
To see if the Town will vote, pursuant to Chapter 44, Sections 53EV2 and of the Massachusetts General Laws and
Chapter 110 of the Code of the Town of Lexington, to continue existing revolving funds; to amend said Chapter 110
to establish new revolving funds;to determine whether the maximum amounts that may be expended from such new
and existing revolving fund accounts in FY2020 shall be the following amounts or any other amounts; or act in any
other manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED:
Program or Purpose for Revolving Funds FY2020 Authorization
School Bus Transportation $111509000
Building Rental Revolving Fund $5451000
DPW Burial Containers $501000
Lexington Tree Fund $451000
DPW Compost Operations $76000
Minuteman Household Hazardous Waste Program $2201000
Regional Cache -Hartwell Avenue $105000
Senior Services Program $7500
Health Programs $451000
Tourism/Liberty Ride TBD
Visitors Center TBD
Residential Engineering Review TBD
DESCRIPTION:The amount that may be spent from a revolving fund established under Massachusetts
General Laws Chapter 44, Section 53E1/2 must be approved annually by Town Meeting. The Funds
are credited with the receipts received in connection with the programs supported by such funds,and
expenditures may be made from the revolving fund without further appropriation.
ARTICLE 14 APPROPRIATE THE FY2020 COMMUNITY PRESERVATION COMMITTEE
OPERATING BUDGET AND CPA PROJECTS
To see if the Town will vote to hear and act on the report of the Community Preservation Committee on the FY2020
Community Preservation budget and, pursuant to the recommendations of the Community Preservation Committee,
to appropriate from the Community Preservation Fund, or to reserve amounts in the Community Preservation Fund
for future appropriations; for the debt service on previously authorized financing; for the administrative expenses of
the Community Preservation Committee for FY2020; for the acquisition,creation and preservation of open space;for
the acquisition, preservation, rehabilitation and restoration of historic resources; for the acquisition, creation,
preservation,rehabilitation and restoration of land for recreational use; for the acquisition, creation,preservation and
support of community housing; and for the rehabilitation or restoration of open space and community housing that is
acquired or created with moneys from the Community Preservation Fund; to appropriate funds for such projects and
determine whether the money shall be provided by the tax levy, or from estimated Community Preservation Act
surcharges and the state match for the upcoming fiscal year, by transfer from available funds, including enterprise
funds,by borrowing, or by any combination of these methods; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen at the request of the Community Preservation Committee)
8
FUNDS REQUESTED:
a) Conservation Land Acquisition-TBD
b)Willard's Woods Site Improvements- $13 8,273
c)Archives &Records Management/Records Conservation&Preservation- $20,000
d)Battle Green Master Plan-Phase 3- $253,394
e) 9 Oakland Street- Renovation and Adaptive Re-Use- $70,000
f)Athletic Field Complex at Minuteman Regional Vocational Technical School- TBD
g) Old Reservoir Bathhouse Renovation- $620,000
h)Park Improvements-Hard Court Resurfacing- $70,000
i)Park Improvements-Athletic Fields- $435,000 (subject to reduction if(f) is fully funded)
j)Playground Replacement Program-Bridge- $302,000
k) LexHAB-Preservation,Rehabilitation, and Restoration of Affordable Housing- $99,700
1) CPA Debt Service- $3,094,680
m)Administrative Budget- $150,000
DESCRIPTION: This Article requests that Community Preservation funds and other funds, as
necessary,be appropriated for the projects recommended by the Community Preservation Committee,
the debt service on previously authorized projects, and for administrative costs.
ARTICLE 15 APPROPRIATE FOR RECREATION CAPITAL PROJECTS
To see if the Town will vote to appropriate a sum of money for recreation-related capital projects and equipment; and
determine whether the money shall be provided by the tax levy, by transfer from available funds, including the
Recreation and Community Programs Enterprise Fund,by borrowing,or by any combination of these methods; or act
in any other manner in relation thereto.
(Inserted by the Board of Selectmen at the request of the Recreation Committee)
FUNDS REQUESTED: $125,000
DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment
section of the FY2020 budget. The most recent version of the capital section can be found at http://
www.lexingtonma.gov/f
y20cqpital.
ARTICLE 16 APPROPRIATE FOR MUNICIPAL CAPITAL PROJECTS AND EQUIPMENT
To see if the Town will vote to appropriate a sum of money for the following capital projects and equipment:
a) Hydrant Replacement Program;
b) Storm Drainage Improvements and NPDES compliance;
c) Comprehensive Watershed Stormwater Management Study and Implementation;
d) Townwide Culvert Replacement;
e) Center Streetscape Improvements- Construction;
f) Automatic Meter Reading System;
g) Sidewalk Improvements;
h) Hill Street New Sidewalk Project;
i) Equipment Replacement;
j) Townwide Signalization Improvements;
k) Street Improvements;
1) Transportation Mitigation;
m) Municipal Technology Improvement Program;
n) Application Implementation;
9
o) Network Core Equipment Replacement; and
p) EV Charging Stations.
and authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other
interests in land necessary therefor; determine whether the money shall be provided by the tax levy,by transfer from
available funds, including enterprise funds,by borrowing, or by any combination of these methods; determine if the
Town will authorize the Selectmen to apply for,accept,expend and borrow in anticipation of state aid for such capital
improvements; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: $12,521,005
DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment
section of the FY2020 budget. The most recent version of the capital section can be found at http://
www.lexingtonma.gov/f
y20cqpital.
ARTICLE 17 APPROPRIATE FOR WATER SYSTEM IMPROVEMENTS
To see if the Town will vote to make water distribution system improvements, including the installation of new water
mains and replacement or cleaning and lining of existing water mains and standpipes, engineering studies and the
purchase and installation of equipment in connection therewith, in such accepted or unaccepted streets or other land
as the Selectmen may determine,subject to the assessment of betterments or otherwise;and to take by eminent domain,
purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; appropriate money for
such improvements and land acquisition and determine whether the money shall be provided by the tax levy, water
enterprise fund, by transfer from available funds, including any special water funds, or by borrowing, or by any
combination of these methods;to determine whether the Town will authorize the Selectmen to apply for,accept,expend
and borrow in anticipation of federal and state aid for such projects; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: $2,200,000
DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment
section of the FY2020 budget. The most recent version of the capital section can be found at http://
www.lexingtonma.gov/f
y20cgpital.
ARTICLE 18 APPROPRIATE FOR WASTEWATER SYSTEM IMPROVEMENTS
To see if the Town will vote to install and line sanitary sewer mains and sewerage systems and replacements and
upgrades to pump stations thereof,including engineering studies and the purchase of equipment in connection therewith;
in such accepted or unaccepted streets or other land as the Selectmen may determine, subject to the assessment of
betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto and in
amendment thereof,or otherwise; and to take by eminent domain,purchase or otherwise acquire any fee,easement or
other interest in land necessary therefor; appropriate money for such installation and land acquisition and determine
whether the money shall be provided by the tax levy, wastewater enterprise fund, by transfer from available funds,
including any special wastewater funds,by borrowing,or by any combination of these methods;to determine whether
the Town will authorize the Selectmen to apply for, accept, expend and borrow in anticipation of federal and state aid
for such wastewater projects; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: $1,700,000
DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment
section of the FY2020 budget. The most recent version of the capital section can be found at http://
www.lexingtonma.gov/f
y20cqpital.
10
ARTICLE 19 APPROPRIATE FOR SCHOOL CAPITAL PROJECTS AND EQUIPMENT
To see if the Town will vote to appropriate a sum of money to maintain and upgrade the schools'technology systems
and equipment; determine whether the money shall be provided by the tax levy,by transfer from available funds,by
borrowing, or by any combination of these methods; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen at the request of the School Committee)
FUNDS REQUESTED: $1,743,900
DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment
section of the FY2020 budget. The most recent version of the capital section can be found at htT
www.leximY,tonma.gYov/f
y20cqpital.
ARTICLE 20 APPROPRIATE FOR PUBLIC FACILITIES CAPITAL PROJECTS
To see if the Town will vote to appropriate a sum of money for capital improvements and renovations, including new
construction to public facilities for:
a) Public Facilities Bid Documents;
b) Facility and Site Improvements
• Building Flooring Program;
• School Paving& Sidewalks Program;
c) Municipal Building Envelopes and Systems;
d) School Building Envelopes and Systems;
e) LHS Field House Track Resurfacing;
f) Public Facilities Mechanical/Electrical System Replacements;
g) Westview Cemetery Facility Construction; and
h) Cary Library Children's Room Renovation Design.
and determine whether the money shall be provided by the tax levy,by transfer from available funds,including enterprise
funds,by borrowing, or by any combination of these methods; to determine if the Town will authorize the Selectmen
to apply for, accept, expend and borrow in anticipation of state aid for such capital improvements; or act in any other
manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: $4,744,053
DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment
section of the FY2020 budget. The most recent version of the capital section can be found at http:////
www.lexingtonma.gov/f
y20cgpital.
ARTICLE 21 RESCIND PRIOR BORROWING AUTHORIZATIONS
To see if the Town will vote to rescind the unused borrowing authority voted under previous Town Meeting articles;
or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
DESCRIPTION: State law requires that Town Meeting vote to rescind authorized and unissued debt
that is no longer required for its intended purpose.
ARTICLE 22 ESTABLISH,DISSOLVE AND APPROPRIATE TO AND FROM SPECIFIED
STABILIZATION FUNDS
To see if the Town will vote to create, amend, dissolve, rename and/or appropriate sums of money to and from
Stabilization Funds in accordance with Section 513 of Chapter 40 of the Massachusetts General Laws for the purposes
of: (a) Section 135 Zoning By-Law, (b) Traffic Mitigation, (c) Transportation Demand Management/Public
Transportation, (d) Special Education, (e) Center Improvement District; (f) Debt Service, (g)Transportation
Management Overlay District, (h) Capital; (i) Payment in Lieu of Parking; 0) Visitor Center Capital Stabilization
Fund; (k) Affordable Housing Capital Stabilization Fund; (1) Water System Capital Stabilization Fund; and (m)
Ambulance Stabilization Fund; determine whether such sums shall be provided by the tax levy, by transfer from
11
available funds, from fees, charges or gifts or by any combination of these methods; or act in any other manner in
relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This Article proposes to establish, dissolve, and/or fund Stabilization Funds for
specific purposes and to appropriate funds therefrom. Money in those funds may be invested and the
interest may then become a part of the particular fund. These funds may later be appropriated for the
specific designated purpose, by a two-thirds vote of an Annual or Special Town Meeting, for any
lawful purpose.
ARTICLE 23 APPROPRIATE TO GENERAL STABILIZATION FUND
To see if the Town will vote to appropriate a sum of money to the previously created General Stabilization Fund in
accordance with Section 5B of Chapter 40 of the Massachusetts General Laws; determine whether the money shall be
provided by the tax levy,by transfer from available funds,or by any combination of these methods;or act in any other
manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: Money may be appropriated into the Stabilization Fund that may be invested and
the interest may then become part of the fund. These funds may later be appropriated,by a two-thirds
vote of an Annual or Special Town Meeting, for any lawful purpose.
ARTICLE 24 APPROPRIATE FROM DEBT SERVICE STABILIZATION FUND
To see if the Town will vote to appropriate a sum of money from the Debt Service Stabilization Fund to offset the
FY2020 debt service of the bond dated February 1, 2003,issued for additions and renovations to the Lexington High
School, Clarke Middle School, and Diamond Middle School, as refunded with bonds dated December 8,2011; or act
in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: $124,057
DESCRIPTION: This Article would allow the Town to pay a portion of the debt service on the 2003
School Bonds from the Debt Service Stabilization Fund set up for that specific purpose.
ARTICLE 25 APPROPRIATE FOR PRIOR YEARS'UNPAID BILLS
To see if the Town will vote to raise and appropriate money to pay any unpaid bills rendered to the Town for prior
years; to determine whether the money shall be provided by the tax levy,by transfer from available funds, or by any
combination of these methods; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This is an annual article to request funds to pay bills after the close of the fiscal year
in which the goods were received or the services performed and for which no money was encumbered.
ARTICLE 26 AMEND FY2019 OPERATING,ENTERPRISE AND CPA BUDGETS
To see if the Town will vote to make supplementary appropriations,to be used in conjunction with money appropriated
under Articles 4, 5, 9 and 10 of the warrant for the 2018 Annual Town Meeting, to be used during the current fiscal
year, or make any other adjustments to the current fiscal year budgets and appropriations that may be necessary; to
determine whether the money shall be provided by transfer from available funds including Community Preservation
Fund; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
12
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This is an annual article to permit adjustments to current fiscal year (FY2019)
appropriations.
ARTICLE 27 APPROPRIATE FOR AUTHORIZED CAPITAL
IMPROVEMENTS
To see if the Town will vote to make supplementary appropriations to be used in conjunction with money appropriated
in prior years for the installation or construction of water mains,sewers and sewerage systems,drains,streets,buildings,
recreational facilities or other capital improvements and equipment that have heretofore been authorized; determine
whether the money shall be provided by the tax levy,by transfer from the balances in other articles,by transfer from
available funds,including enterprise funds and the Community Preservation Fund,by borrowing,or by any combination
of these methods; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This is an annual article to request funds to supplement existing appropriations for
certain capital projects in light of revised cost estimates that exceed such appropriations.
GENERAL ARTICLES
ARTICLE 28 CONFIRM STREET ACCEPTANCE AND TITLE (PORTION OF PELHAM
ROAD)
To see if the Town will vote to confirm the establishment and acceptance of the layout as a Town way the portion of
Pelham Road from Eliot Road a distance of 526 feet,more or less westerly, as laid out by the Selectmen, all as shown
upon a plan on file in the office of the Town Clerk, dated May 1896 and to take by eminent domain, donation or
otherwise acquire any fee,easement,or other interest in land necessary therefore;or act in any other manner in relation
thereto.
(Inserted by the Board of Selectmen)
DESCRIPTION: This segment of Pelham Road was accepted by the Town many years ago,but the
record is unclear as to whether it was ever conveyed to the Town. This article will confirm that the
street is an accepted street, and will authorize the Town to take title to this segment of Pelham Road.
ARTICLE 29 CIVIL SERVICE WITHDRAWAL
To see if the Town will vote to revoke the acceptance of Civil Service laws for the Town of Lexington police force at
all ranks, including the Police Chief,thereby removing the police force from the provisions of the Civil Service Laws,
and the rules and regulations relating to the same,provided that this revocation will not affect the Civil Service status
of existing personnel in their current positions; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
DESCRIPTION: This Article requests approval to prospectively remove all uniformed members of
the Lexington Police Department,including the position of Police Chief,from the provisions of Civil
Service law. The Lexington Police Department has been in the state civil service system since Town
Meeting votes in 1911 (police officers) and 1926 (police chief). At that time there was little state
legislation or case law dealing with employee rights or responsibilities. Much has changed since then.
The Town's Police Chief and Town Manager believe that the hiring and promotion requirements under
the Civil Service program restrict the Town's ability to hire the best applicants for the positions. The
proposed change would provide the Town of Lexington with more control over personnel choices by
allowing the Town to set its own policies, requirements and procedures for hiring and, subject to
bargaining, promoting officers. In the past, the Police Department has found it difficult to fill open
positions because of a lack of qualified candidates identified through the Civil Service process,resulting
in unfilled vacancies and higher overtime costs. The change would increase the pool of potential
candidates by opening the process to qualified individuals who have not taken the Civil Service exam.
13
ARTICLE 30 AMEND TOWN BYLAWS-REDUCE/BAN POLYSTYRENE MATERIALS
(Citizen Article)
To see whether the Town will vote to amend the Town Bylaws to reduce or eliminate polystyrene food serviceware
and packaging, or to act in any manner in relation thereto.
(Submitted by Lin Jensen and 9 or more other registered voters)
DESCRIPTION: The purpose of this article is to reduce or eliminate polystyrene food serviceware
and packaging in Lexington.
ARTICLE 31 AMEND TOWN BYLAWS TO REDUCE/BAN SINGLE-USE PLASTIC
BEVERAGE STRAWS AND STIRRERS (Citizen Article)
To see whether the Town will vote to amend the Town Bylaws to reduce or eliminate single-use plastic beverage straws
and plastic stirrers, or to act in any manner in relation thereto.
(Inserted by Lin Jensen and 9 or more registered voters)
DESCRIPTION: The purpose of this article is to reduce or eliminate single-use plastic straws and
stirrers in Lexington.
ARTICLE 32 ADDITION OF CAPITAL EXPENDITURES COMMITTEE-RELATED PROVISIONS TO
THE REPRESENTATIVE TOWN MEETING AND SELECTMEN-TOWN MANAGER ACTS
To see if the Town will vote to authorize the Board of Selectmen to petition the Massachusetts General Court to enact
legislation regarding the Town's Capital Expenditures Committee in substantially the form below, and further to
authorize the Board of Selectmen to approve amendments to said act before its enactment by the General Court that
are within the scope of the general objectives of the petition; or act in any other manner in relation thereto.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the
same, as follows:
SECTION 1. Section 3 of Chapter 215 of the Acts of 1929, as previously amended, is hereby amended by striking
the phrase "chairman of the appropriation committee" and inserting in its place the phrase "chairpersons of the
appropriation and capital expenditures committees".
SECTION 2. Section 2(c)of Chapter 753 of the Acts of 1968,as previously amended,is hereby amended by inserting
after the phrase "appropriation committee"the phrase",the capital expenditures committee".
SECTION 3. This act shall take effect upon its passage.
(Inserted by the Board of Selectmen)
DESCRIPTION: This Article proposes updates to the Representative Town Meeting and Selectmen-
Town Manager Act to more accurately reflect the Capital Expenditures Committee's activities and
responsibilities throughout the year, including at all Town Meetings.
ARTICLE 33 RENAME "BOARD OF SELECTMEN" TO
"SELECT BOARD"
To see if the Town will vote to authorize the Board of Selectmen to petition the Massachusetts General Court to enact
legislation to change the name of the Board of Selectmen to the Select Board and the title of"Selectman"to "Select
Board Member"in substantially the form below,and further to authorize the Board of Selectmen to approve amendments
to said act before its enactment by the General Court that are within the scope of the general objectives of the petition;
or act in any other manner in relation thereto
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the
same, as follows:
14
SECTION 1. Notwithstanding any General or Special Law to the contrary, the Board of Selectmen of the Town of
Lexington shall be referred to as the"Select Board of the Town of Lexington"and individual members of said Board
shall be referred to as "a member of the Select Board."
SECTION 2. This act shall take effect upon its passage.
(Inserted by the Board of Selectmen)
DESCRIPTION: This Article seeks special legislation to use a gender neutral name for the Board of
Selectmen. Several other Massachusetts cities and towns have taken this step.
ARTICLE 34 RENAME "BOARD OF SELECTMEN" TO "SELECT BOARD" -
GENERAL BYLAW
To see if the Town will vote to amend its General Bylaws to change all references to the "Board of Selectmen" to
"Select Board," and all references to individual Selectmen to "a member of the Select Board"; or act in any other
manner in relation thereto.
(Inserted by the Board of Selectmen)
DESCRIPTION: This Article would change the name of the Board of Selectmen to make it gender
neutral throughout the Town's General Bylaws.
ARTICLE 35 AMEND ARTICLE III OF CHAPTER 118 (Citizen Article)
To see if the Town will vote to amend Article III of Chapter 118 of the Code of the Town of Lexington, to improve
debate and subsidiary motion procedures; or to act in any other manner in relation thereto.
(Inserted by Matthew Daggett and 9 or more registered voters)
DESCRIPTION:This article proposes revisions to Town meeting's rules of debate,subsidiary motion,
and/or amendment procedures to develop criteria for ensuring a minimum of debate has occurred
before subsidiary motions can be offered or debate closed.
ARTICLE 36 IMPLEMENT AN OUTCOMES-BASED APPROACH TO TOWN BUILDING
PROJECTS (Citizen Article)
To see if the Town will vote to request the Board of Selectmen and School Committee adopt an outcomes-based,high
performance building policy for operation of existing Town buildings and design and operation of all new Town
building and renovation projects.
(Inserted by Bridger McGaw and 9 or more registered voters)
FUNDS REQUESTED: None
DESCRIPTION: This article seeks Town Meeting approval to adopt an outcomes-based building
management process that emphasizes a.) Setting clear targets or outcomes for the performance of
current and planned buildings in the areas of health, energy performance, energy management and
resilience; b.) Assessing gaps against those outcomes; and c.) Utilizing those outcomes for the
beginning stages of future building development and in prioritizing operating/capital budget projects.
ZONING ARTICLES
ARTICLE 37 RENAME "BOARD OF SELECTMEN" TO "SELECT BOARD" -
ZONING BYLAW
To see if the Town will vote to amend the Town's Zoning Bylaw to change all references to the"Board of Selectmen"
to "Select Board" and all references to individual Selectmen to "a member of the Select Board"; or act in any other
manner in relation thereto.
(Inserted by the Board of Selectmen)
15
DESCRIPTION: This Article would change the name of the Board of Selectmen to make it gender
neutral throughout the Town's Zoning Bylaw. Because changes to the Zoning Bylaw require a different
procedure than changes to a general bylaw,this Article is proposed separately from Article 34.
ARTICLE 38 AMEND ZONING BYLAW AND ZONING MAP, 186 BEDFORD STREET
(Owner Petition)
To see if the Town will vote to amend the Zoning Map and Bylaw of the Town,based on the information provided in
the applicant's Preliminary Site Development and Use Plan ("PSDUP") for the property commonly known as Town
of Lexington Assessors'Map 64, Parcel 68 at 186 Bedford Street; or to act in any other manner relative thereto.
(Inserted by 186 Bedford St, LLC)
DESCRIPTION: The proposed Article would rezone the property from the present RS One Family
Dwelling District to a PD Planned Development District.This would allow for renovation and addition
to the existing buildings on the above parcel which is identified on a Plan entitled: Proposed Mixed-
Use Development - 186 Bedford Street, Lexington, Massachusetts I Preliminary Site Development
and Use Plan dated December 20,2018,prepared by Highpoint Engineering,Inc. and on file with the
Lexington Town Clerk and Planning Board, with metes and bounds shown on the attached Legal
Description.
ARTICLE 39 AMEND ZONING BYLAW-LIMITED SITE PLAN REVIEW
(CITIZEN ARTICLE)
To see if the Town will vote to amend the Zoning Bylaw to reasonably regulate land uses protected by MGL c. 40A§
3 through site plan review, or act in any other manner in relation thereto.
(Inserted by Jeanne Krieger and 9 or more registered voters)
DESCRIPTION: The changes proposed under this article would provide for site plan review, to the
extent possible, of exempt uses protected under MGL c. 40A§ 3 ('Dover amendment uses').
And you are directed to serve this warrant seven days at least before the time of said meeting as provided in the
Bylaws of the Town.
Hereof fail not, and make due return on this warrant,with your doings thereon,to the Town Clerk, on or before the
time of said meeting.
Given under our hands at Lexington this 41h day of February 2019.
Suzanne E. Barry, Chairman Selectmen
Joseph N. Pato of
Douglas M. Lucente
Jill I. Hai Lexington
A true copy,Attest:
Michael R. Barry
Constable of Lexington
16
y Town of Lexington
yv Town Manager's Office
AIM'
James J. Malloy, Town Manager Tel: (781) 698-4540
Kelly E. Axtell, Assistant Town Manager Fax: (781) 861-2921
MEMORANDUM
TO: Board of Selectmen
FROM: Jim Malloy, Town Manager
DATE: April 1, 2019
RE: Center Track Project—Consent Agenda
I know this is a late change, but the bids opened recently and the Recreation Committee discussed the
Center Track Project last week and deadlocked at 2-2 on which options to go forward with and to
provide the Committee the opportunity to consider all options with all five Committee members
present, I am recommending the Board remove Article 27 from the consent agenda.
For the Board's use, the Center Track Project, budgeted at $3,340,000 (with low bid in parenthesis)
included the following options as part of the bid:
• Base Bid(low bid of$3,112,700 or $227,300 under the appropriation)—This includes all work
necessary for the field to be synthetic turf with lights at 30 footcandles.
• Base Bid+ Option 0 (low bid of$3,115,850 or $224,150 under the appropriation)—This includes
all work from the Base Bid+ extended warranty for the synthetic turf from 8 years to 10 years.
Total cost for this option is $3,150.
• Base Bid+ Options 0 + 1 (low bid of$3,147,350 or $192,650 under the appropriation)—This
includes all work from the Base Bid+ Option 0 and includes the use of an organic infill in the
synthetic turf field. Total additional cost for this option is $31,500.
• Base Bid+ Options 0 + 1 + 2 (low bid of$3,457,100 or $117,100 over the appropriation)—This
includes all work from the Base Bid+ Options 0 + 1 and includes the installation of a high end
natural grass and synthetic fiber hybrid field. The total additional cost for this option is $309,750.
• Base Bid+ Options 0 + 1 + 2 + 3 (low bid of$3,478,625 or$138,625 over the appropriation)—
This option includes all work from the Base Bid+ Options 0 + 1 +2 and includes upgrading the
lighting from 30 footcandles to 50 footcandles. The total additional cost of this option is $21,525.
My understanding is the consideration to go with the hybrid field revolves around the heat that is
generated by synthetic fields. The question is whether to go with the synthetic field and organic infill
(bidding laws require you to accept alternates in order, for example to include the hybrid field, the
Town must accept the organic infill) as well as upgrading the lights.
The Recreation Committee is scheduled to meet at 6 PM on 4/3 to discuss and take a vote on their
position and recommendation related to which alternatives to add for the field. Given the timing
1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420
should Article 27 be removed from the consent agenda, the Board could make their recommendation
on 4/1.
Based on a meeting this morning with Dave Pinsonneault, Melissa Battite, Liz Mancini and Carolyn
Kosnoff, should the Recreation Committee vote to go with all of the options (and should the Board
concur) that the motion be that $70,000 be appropriated from free cash and $70,000 from the
Recreation Enterprise Fund.
Should you have any questions please do not hesitate to contact me. Thanks.
AD HOC CREMATORY STUDY COMMITTEE-INTERIM REPORT TO 2019 ATM
AD Hoc CREMATORY STUDY COMMITTEE
TOWN OF LEXINGTON
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TERIM REPORT To
2019 ANNUAL TOWN EETING
Released April 3, 2019
Voting Members: Liaisons
• Narain Bhatia, Town Meeting Member • Sandy Beebee, Capital Expenditures
• Judith Crocker, Town Meeting Member Committee
• Sara Iverson, Community Member • Sanjay Padaki, Appropriation Committee
• Bridger McGaw, Town Meeting Member • David Pinsonneault, Director of Public
• George Burnell, Economic Development Works
Advisory Committee • Carolyn Kosnoff, Assistant Town
• Msgr. Paul Garrity, Lexington Interfaith Manager for Finance
Clergy Association (LICA)
• John Flynn, Board of Health
Non-voting Chair
• Douglas M. Lucente, Board of Selectmen
AD HOC CREMATORY STUDY COMMITTEE-INTERIM REPORT TO 2019 ATM
Executive Summary
In December 2018, the Ad Hoc Crematory Study Committee was formed by the Board of Selectmen
(BOS) and charged with making one of the following recommendations regarding a potential Crematory
at Westview Cemetery:
1. Build a crematory adjacent to/connected to proposed new Westview Building.
2. Build a crematory on another location on the Westview property.
3. Do not build a crematory at this time.
Given the correlation between the ongoing work of the study committee and two Articles on the 2019
Annual Town Meeting Warrant (Article 6 and Article 209), the Ad Hoc Crematory Study Committee
agreed to publish this Interim Report. The Committee is not ready to make a final recommendation as
to whether or not Lexington should build a crematory at this time,but wanted to share some preliminary
information to assist in educating Town Meeting on the topic.
Committee members and liaisons agree that the continued investigation of the numerous financial
implications and other variables is needed on this complex issue in order to present a complete and
accurate report back to the BOS and to Town Meeting.
Though it is beyond the mandate of the Committee, it is the Committee's judgment that there is not
sufficient reason to postpone the Westview Cemetery Facility construction at this time. This reasoning
is predicated on the assumption that the design for the new building has now been amended to
accommodate the overlapping needs of the Westview Cemetery administrative and public spaces and a
potential future crematory.
Interim Recommendations:
As of March 21, 2019, the Ad Hoc Crematory Study Committee is recommending that:
Recommendation Committee Vote
Design the proposed Westview Cemetery Facility addition- 7-0 (3-21-2019 mtg)
ready fora potential future crematory.
A potential future crematory should accommodate a viewing 6-1* (3-21-2019 mtg)
area suitable for up to 25 people.
A potential future crematory should have up to two retorts. 7-0 3-21-2019 m1g)
A potential future crematory should not be built separately from 5-1-1** (3-21-2019 mtg)
the proposed Westview Cemetery Facility.
*Majority View:A Crematory viewing area in Lexington should be used for short duration witnessing
of the start of the cremation process.
Minority View: This individual was not ready to take a position at that time.
**Minority View: This individual was not ready to take a position at that time.
2
AD HOC CREMATORY STUDY COMMITTEE-INTERIM REPORT TO 2019 ATM
Selectmen's Charge to the Ad Hoc Crematory Study Committee
Approved in September 2018
To examine public health, public safety, public works, operational, financial, and quality of life issues
associated with locating a crematory at Westview Cemetery and meeting the needs of deceased
Lexington residents and their families. To assess the following options and provide the Selectmen with
recommendations on:
1) Building a crematory adjacent to or connected to the proposed new Westview Cemetery Building.
2) Building a crematory on another location on the Westview Cemetery property.
3) Not building a crematory at this time.
Committee Role: The Ad Hoc Crematory Study Committee's study will include but not be limited to the
following:
1) Review of Applicable Legislation: a. Review of the applicable sections of Massachusetts General
Laws c.114 (Cemeteries and Burials). Review of Massachusetts Department of Environmental
Protection regulations regarding Crematories.
2) Evaluation of needs: a. Review of availability of crematory services for residents and project future
cremation needs. b. Study the economics of death rates for the area. c. Consider public and private
competition in the region and other communities that may be engaged in the crematory planning process.
3) Other Crematories: a. Review of other crematories proposed, established and managed by
municipalities in Massachusetts. b. Review of common practices and pricing. c. Review of operational
costs and perform modeling to include: various sales price and numbers of cremations per year.
4) Buildina Options: a. Review siting options at Westview Cemetery. b. Review parking and gathering
space needs. c. Estimate the cost to build at siting options presented including size.
5) Operational Feasibility: a. Review estimated annual operating costs, equipment costs, labor costs
(including possible outsourcing labor costs) and a program budget. b. Review estimated Capital
replacement costs and timeline of such. c. Explore regional grant opportunities that maybe applied for.
6) Environment: a. Review of independent research on the health, environmental, and safety risks
associated with the operation of a crematory. b. Review options for using alternative energy sources to
reduce the environmental impacts.
Background
Westview Cemetery is the Town's active cemetery. There are of 200 burials per year on average. The
Cemetery is located on a Town owned parcel of land that is 42-acres. The current building, serves as a
cemetery office, a meeting area for grieving families and a work space for the maintenance staff. There
are 4 Full Time employees and 2 positions for Seasonal employees.
Current Building Conditions: The current facility, which last had a significant addition in the late
1970's, has deteriorated and needs to be brought up to code. The limited space does not permit private
space for grieving families to meet with Town Staff and plan burials. The maintenance area lacks
3
AD HOC CREMATORY STUDY COMMITTEE-INTERIM REPORT TO 2019 ATM
adequate space for necessary equipment to be stored indoors. This impacts the durability and life of the
equipment. The only recent upgrade to the building in the last 15 years has been the installation of a new
roof.
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Timeline: The Westview Cemetery Facility replacement has been under consideration since 2015.
Below is the timeline of the events related to the Westview Cemetery Facility and the Crematory Study:
• 2015
o March 2015 Annual Town Meeting — Approved Article 11(m) Westview Cemetery
Building Assessment - $35,000 (Cemetery Trust Fund): This appropriation was used to
fund a feasibility study.
• 2016 — A final report of options for the Westview Cemetery Building was issued by the
consultant.
• 2017—
o March 2017 Annual Town Meeting — Approved Article 12(o) Westview Cemetery
Building Design - $270,000 (General Fund Debt): This appropriation was to hire an
architect to design and engineer the building on the Westview Cemetery grounds.
o June 2017—BOS approved Cemetery Fee Increase to help fund Westview Building.
• 2018—
o March 2018 - TBA Architects presented a proposed design and cost estimate for the new
Westview Cemetery Building to BOS.
o March 2018 Annual Town Meeting — Voted Indefinite Postponement* of Article 11
Appropriate for Westview Cemetery Building Construction - $3,040,000.
o July 2018—BOS visited the Duxbury Municipal Crematory, and made a decision to form
an Ad Hoc Crematory Study Committee.
o September 2018 — Ad Hoc Crematory Study Committee charge was approved by the
BOS.
o October 2018 —Ad Hoc Crematory Study Committee members were appointed.
4
AD HOC CREMATORY STUDY COMMITTEE-INTERIM REPORT TO 2019 ATM
o December 2018—The first meeting of the Ad Hoc Crematory Study Committee was held.
• 2019—
o The Committee has held 10 meetings including:
■ February 2019—Public Hearing held for feedback on Crematory need.
*During the 2018 Annual Town Meeting, a suggestion from a Town Meeting Member was made that
the Town should explore including a crematory at Westview Cemetery since we were preparing to
replace the Westview Cemetery Facility.
In constructing any public building, our Town's building design strategy makes every effort to
incorporate a 50-year building life span to support the future needs of the community. Therefore, the
decision was made by the BOS to slow down the Westview building process in order to determine if
there would be a benefit to the Town if the new building were to contain a crematory.
Understanding the Cremation Process
Cremation is the process of reducing the human body to bone
fragments using high heat. Cremation is not the final disposition of
g g g p
the remains and it is not a type of funeral service. With cremation,
you still have the opportunity to have a funeral or memorial service.
N Cremated remains "Cremains" can be buried kept in a mausoleum
stored in an urn, or spread outside.
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t!o if"II d"!lin r°'Pri°o!h, �"00,�sU h�� Pub k'V iv 1rl9 yr hu&Ilrn VIIi il'm
`���t l°l, c�,� o u °°i , .�r''°��c � ti °�'i °����� '��"� To get an understanding of the process, members of the Ad Hoc
°,9�r it�„a rU "M"°�as awry.,u ,��I^d.a� rm m a a sy g a �w� m��o t°��M 5�; Y Yw P�"'°"`t °c)"" ' s'°11 Crematory Study Committee have interviewed 20 Funeral Home
Directors in the primary area surrounding Lexington and 13 Funeral
a
Home Directors in the secondary area to the northwest.
There are multiple steps involved in the cremation process, and the
,F Funeral Director plays an integral role. By Massachusetts state law,
whether you die, at home, at the hospital, or at the nursing home, you
must have a Funeral Director involved. However, per Massachusetts
�j
state law a funeral home cannot have a crematory on their premises.
All crematories must be located on cemetery property.
Additionally, in Massachusetts every person that is cremated must be
approved for cremation by the Medical Examiner's office. Since
cremation is an irreversible process, the Medical Examiner's office
performs an examination of the body to make certain there is no
question about cause of death. Further, in Massachusetts, no one can
be cremated for at least 48 hours after the death occurs.
iw
After the 48-hour waiting period, the Medical Examiner's office can
approve the cremation. At this time the Funeral Director will
transport the case to crematory operators at the cemetery. Paperwork
is brought to the crematory with the body, and the crematory assigns
a case number. That case number and the paperwork y erwork stays with the
case during the whole cremation process.
5
AD HOC CREMATORY STUDY COMMITTEE-INTERIM REPORT TO 2019 ATM
At the crematory, the body may be refrigerated temporarily. When the crematory is ready to start the
process, the body is placed into a retort (the technical name for the cremation chamber). For an average
size adult, the cremation process takes two to three hours where the body is exposed to extreme high
temperatures, usually 1600-1800 degrees Fahrenheit. When the cremation process is complete, all that
remains are bone fragments. Due to the extreme heat, the bones are in small pieces and very brittle.
Crematory operators carefully remove all of the contents from the retort. These are called "Cremains".
When the cremains are removed from the cremation chamber, they are taken to a work station where
those fragments and ashes are allowed to cool. All non-consumed items, like metal from clothing, hip
joints, and bridge work, are separated from the cremains. This separation is accomplished through visual
inspection as well as using a strong magnet for smaller and minute metallic objects. The remaining bone
fragments are then pulverized by a special machine and reduced to fine powder. The cremains of an
average size adult usually weigh between four to eight pounds.
The cremains are then given to the Funeral Director or to the authorized family member.
It is customary for some religious and ethnic groups to watch the cremation as part of their funeral
custom. It is their belief that it is important to follow through with the person to the final end, much the
same as going to a grave site if someone were being buried. Others choose to view the cremation for
peace of mind and to get the emotional closure they need.
The Committee discovered that this puts the Funeral Director squarely in the middle of the process and
they are the primary person to determine where the cremation will take place when a viewing or family
choice has not been established.
Crematory Regulations
Resulations: The State Laws for permitting and operating a Crematory are relatively straight forward
and will provide for a well-controlled and safe operation.
Any cremation in Massachusetts must be carried out in a facility located on a Massachusetts DPH
approved Cemetery. The Crematory will operate with by-laws and regulations approved by the
Department of Public Health pursuant to M.G.L. Ch. 114, § 9, and an air pollution control permit issued
by the Massachusetts Department of Environmental Protection (DEP) pursuant to 310 CMR
7.00. Additionally, a modification to the Westview Cemetery Trust (as approved by the BOS) will be
required.
The Cremation process is conducted in specially designed chambers called retorts. There are a limited
number of vendors that manufacture the specialty chambers. Manufacturing standards, vendor
certification and specific maintenance procedures ensure compliance with all permitting and
environmental regulations.
The extremely high temperatures within the chambers will reduce all organic matter to non-toxic,
odorless gases. DEP Regulation 310 CMR 7.00 defines the particulate level for air pollution control.
Vendor certification and proper periodic maintenance procedures will ensure compliance with DEP
regulations. Particle levels are too low for practical DEP periodic testing.
6
AD HOC CREMATORY STUDY COMMITTEE-INTERIM REPORT TO 2019 ATM
There are no restrictions on the disposition of ashes once cremation has occurred. However,prior to the
dispersal of cremains, permission should be obtained from the land owner or the applicable agency(e.g.
— municipal government for Town land, or the Department of Conservation and Recreation for a state
park, etc.)
Heat Sources: Currently, gas or oil are the only reasonable heat sources capable of providing sufficient
energy for the cremation process. Natural gas is the preferred fuel for modern retorts. The retorts work
best and provides the best energy efficiency when the chamber is raised to temperature for multiple
sequential cremations. Cycling the retorts for individual cremations is both inefficient and an additional
strain on the retort itself.
More specific information will be provided in subsequent reports and design studies as needed.
Lexington Shifting Demographics
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Cultural Sensitivities and Evaluation of Needs: There has been a significant shift in the demographic
makeup of Lexington over the past 16 years. This will be explored further as we investigate this trend as
it relates to the preference for cremations and the Town's ability to meet the needs of residents.
Relisious Preferences Related to Cremations: Members of the committee interviewed religious
leaders in Lexington. The chart below summarizes the preference for or against burials and cremations
by religion. This chart is meant to be for illustrative purposes only. It is not intended to be an exhaustive
list of every religion.
7
AD HOC CREMATORY STUDY COMMITTEE-INTERIM REPORT TO 2019 ATM
Rely ion,* Burial Cremation Notes
Christian
Greek and,Russian Orthodox do not
considerr cremation acceptable Jehovah's Witness V VFollow local traditions
Unaffiliated
Buddhist VIP' Most Buddhists c i,00se cremation
because the Buddha was cremated
i h
Hindu
"wlh Reform Judaism�� e �rr�to be
more accept I ing of the practice
Islam
Mommn
Death Statistics of Lexington:
# of
# of Cremation % Graves
Year Burials Burials Cremations Sold
2008 204 51 25.00% 47
2009 189 52 27.51% 77
2010 201 56 27.86% 74
2011 192 55 28.65% 99
2012 194 61 31.44% 88
2013 165 44 26.67% 91
2014 182 52 28.57% 98
2015 215 55 25.58% 64
2016 177 69 38.98% 97
2017 192 71 36.98% 119
2018 197 66 33.50% 70
Average 191.64 57.45 29.98% 84
Balancing Equity and Financial Implications: Gathering and assessing information has led the
Committee to two distinct but equally qualifying thought processes: 1) Residential Equity - right for
every Lexingtonian to have their funeral rites occur in their Town.. 2) Financial — if a crematory is
operated by the Town, how can we make it financially viable? Operationally, the cemetery requires an
annual subsidy from the tax levy to maintain its current operations. These costs have been trending
upwards the last three years. Thus, our financial analysis plans to also contend with that reality.
8
AD HOC CREMATORY STUDY COMMITTEE-INTERIM REPORT TO 2019 ATM
Current Market and Trends
Other Crematories: There are 17 crematories located in Massachusetts (see map of other crematories
below).
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The primary crematories in our selected area are:
a. Mt Auburn, Cambridge, MA
b. Newton Crematory, Newton, MA
c. St. Michaels, Boston, MA
d. Linwood, Haverhill, MA
e. Merrimack, NH
Cremation Trends: The rate of cremation in the United States is at an all-time high and surpassed the
rate of burial for the past few years. The rate of cremation is projected to continue to rise. According to
the National Funeral Directors Association (NFDA) that by the year 2030 over 70% of Americans will
choose cremation over burial.
NFDA U.S. IProjected Gremation and Burial lutes
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3
3
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SOURCE:National Funeral Directors Association (2014)
9
AD HOC CREMATORY STUDY COMMITTEE-INTERIM REPORT TO 2019 ATM
Westview Cemetery Building Options,
Research of Crematory Designs: It is important to keep in mind that Massachusetts is one of only 6
states that still require crematories to be sited within a cemetery. All other states allow crematories to
be located in a variety of commercial zones. Should that policy changed by the State Legislature, it is
possible that additional crematories could be constructed by the private sector or funeral homes. Our
analysis assumes that the current policy remains in effect.
The Committee recognized in its charge that there was atwo-step design challenge in examining the
feasibility of construction of a crematory due to the perceived delays in the Westview Cemetery
Operations Building. First,we agreed that operationally it was more efficient with shared physical plant
and administrative requirements to co-locate the two structures. Second, our examination of the
Westview Design showed significant design efficiencies were possible due to some oversizing of the
Administrative space. It was our assessment that modifying the design approach to the Westview
Building would not only meet the administrative and operational requirements of the Westview
Cemetery Operations, but also save enough money through design efficiencies to include a future
crematory's administrative requirements. Our review successfully showed that the $2.8M requested for
Westview could be made more cost efficient and future-proofed should a future installation of a
crematory be approved.
Crematory design and construction does not seem to be an overly specialized field. While the equipment
installed and utilized has a specialized purpose, design review showed that based on the scale of the
operations undertaken by the crematory operator, all designs for crematories included similar functions
and the sizes of the spaces fluctuated based on the number of retorts installed. If we installed 1-2 retorts
then we would need:
• (1)Administrative Workstation for managing the business
• Awaiting area for 4-6 people to sit and wait comfortably
• Agender-neutral bathroom (shared by staff and guests)
• A Pantry
• A Viewing area to see the ignition process for 10-25 people
• Mechanical/Electric Room
• File Storage
Crematory Design Review: In reviewing designs for possible crematories, we reviewed over a dozen
floor plans as well as considered layouts as viewed by Town Staff in their tour of Mount Auburn and
Duxbury sites. We saw designs that range from 1400 sq. ft. to 2000 sq. ft. inclusive of the operational
equipment. However, based on advice from crematory operators it was recommended that having 2
retorts is optimal unless you are building a massive operation. Thus, we focused our design of a future
crematory building of 1400 sq. ft. to 1600 sq. ft. The balance of the space would already be included in
the Westview Cemetery Administrative portion of the building. We shared these floor plans and
assessments with the Facilities Department, DPW, and Permanent Buildings Committee (PBC). With a
likely vote on the funding for construction of the new Westview Cemetery Operations Building (Article
20g) expected at the 2019 Annual Town Meeting,we felt that our research into operational effectiveness
and construction could be summarized as:
10
AD HOC CREMATORY STUDY COMMITTEE-INTERIM REPORT TO 2019 ATM
1. Size the future project to have at least 2 retorts (approx. 1400-1600sgft).
2. A substantial overlap with the current Westview building design of approximately 1200 sq.
ft. exists.
Westview Cemetery Operations Building Design Review: Upon our review of the necessary layout
for a crematory, we engaged with the Facilities Department and PBC to assess opportunities. Our
discussions led to some space saving opportunities for similar administrative requirements for operating
each program separately. Opportunities existed to combine the two programs without adding to the
known budget. For example,the previous design had 2 shower rooms(one male; one female)that totaled
600 sq. ft. At $342/sq. ft these were two bathrooms would cost approximately $205,000 of the total
project cost. After modifications were made to a similar design with all the same requirements at a total
of 180 sq. ft, the Facilities Department was able to make changes saving approximately $143,000 in
those two bathrooms. Similarly,the kitchen,administrative workspace, and waiting room were all shown
opportunities for shared use and alignment.
The PBC and Facilities Department recognized some opportunity for saving on the overall cost through
a revised design which could lead to a potential absorption of the unique requirement for a future
crematory viewing room that could also serve as a waiting area for grieving families. The Facilities
Department took on the revision of the existing plans to account for these overlapping requirements
preparing plans for an "addition-ready" crematory.
Recommendation to Move Forward with the "Addition-Ready" Design: Our Committee was
wavering over the approach the Town should take in the construction of the Westview Cemetery
Operations Building knowing that for various reasons the construction had been delayed for the last year.
However, understanding the interest in moving the building project forward, the Committee voted in
favor of an "addition-ready" approach. In the future, should a crematory be recommended or funded,
the amount of additional work required would be limited in scope and not require substantive alterations
to the building.
Estimated Capital Costs for Future Space: As we noted per our charge, we felt a crematory, if built,
should be collocated with the Westview Cemetery Operations building. From a capital investment
approach, the new design would allow for a 1400-1600 sq. ft addition on the back of the new building
allowing for 2 retorts, refrigeration, garage entry for delivery, and a window could already exist from
the "viewing/waiting" room into the potential crematory. Actual design costs for a future crematory
would thus be limited in scope as to completing the building envelope and bringing in a gas line.
Per conversations with the Director of Facilities as well as a review of recent cost increases in
commercial construction projects, it is very likely that the cost of building either the operations building
or a separate crematory will be 5-10% more expensive in 2020. Proj ect pricing could also be further
increased if the Contractor processed change orders in order to accommodate undocumented
modifications to the building prior to pricing and contracting. There are 3 parts of the capital cost of
adding the crematory in the future:
• Bring Gas Line into Westview building: $150-$250K(estimated)
• Enclose the Crematory space: $342-500/sq. ft.
• FF&E (2 Retorts; refrigeration; prep equipment)
11
AD HOC CREMATORY STUDY COMMITTEE-INTERIM REPORT TO 2019 ATM
The addition-ready approach is the best bet to align all of the existing requirements proffered by DPW,
into a design that could support a future crematory.
Next Steps
The Ad Hoc Crematory Study Committee recognizes that there is much more work to be done which
requires extensive stakeholder engagement. The following list illustrates the unanswered questions and
areas where we need more data to build consensus within the committee. Each of these issues will be
explored in the coming months:
1) Business plan to sell crematory services
a. Marketing plan
b. Funeral Director engagement
c. Competitive pricing of cremation services in Massachusetts
2) Explore various business models
a. Operation run by Town of Lexington
b. Operation run by outsourced entity
3) Cemetery and crematory operational finances
a. Impact on the Perpetual Trust
b. Impact on the 45%/55% fee split
4) Discussions with other municipalities within a 50-mile radius
a. Is anyone else planning to build a crematory?
b. Are the opportunities to share responsibility?
c. Are there regional grant opportunities?
5) Crematory operational feasibility
a. Equipment Costs
b. Staffing Costs
6) Assumptions/Uncertainties
a. Anticipating future community needs
b. Financial Implications
This Interim Report was Approved by a vote of the Ad Hoc Crematory Study Committee 5-0-1.
12
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Approve and Sign Memorandum of Understanding - 186 Bedford Street
PRESENTER:
ITEM
NUMBER:
Jim Malloy, Town Manager
I.2
SUMMARY:
Attached p leas e find the final version of the MO U b etween the Town and the proponent on the P S D UP for
186 Bedford Street, as previously discussed at the last Selectmen's meeting.
SUGGESTED MOTION:
Move to approve the Memorandum of Understanding, as attached, between the Town of Lexington and 186
Bedford Street, LLC.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
4/3/2019 6:3 5 p.m.
ATTACHMENTS:
Description Type
Memorandum of Understanding ("MOU") between 186 Bedford Street, LLC ("Owner") and the
Town of Lexington, Massachusetts ("Town")
For 186 Bedford Street, Lexington (the "Property")
April , 2019
I. Background
186 Bedford Street, LLC is the owner of the Property. The Property was vacant when the
Owner purchased it from Eliot Community Health Services ("Eliot") in September 2018. The
Property, a 1.36-acre lot, currently houses a 2.5 story commercial building (the "Building"), a
one story addition built in 1969 (the "1969 Addition"), and a one story accessory building (the
"Barn"), and contains access driveways, surface parking areas, a garden, and
landscape/hardscape improvements. The Building and Barn are listed in the Lexington Cultural
Resources Inventory and Massachusetts Historical Commission database as structures with
historical value.
The Owner has proposed to rezone the Property from the present RS One Family
Dwelling District to create a Planned Development District to allow for renovation and addition
to the existing buildings on the Property. The Owner plans to demolish the 1969 Addition,
preserve and renovate the Building and the Barn, construct a new addition to the Building (the
"New Addition"), and implement additional site improvements (the "Site Improvements"). The
Owner proposes to use the Property as a mixed-use residential and commercial development (the
"Development") (together with the Site Improvements, the "Project"). A residential component
of the Development will include 13 one-bedroom apartments, including four affordable housing
units, all located on the second floor and attic levels of the Building and the New Addition (the
"Living Units"), resulting in a 30% affordable housing commitment and allowing all 13 units to
be counted toward the Town's affordable housing inventory. The commercial component of the
Development will be located on the ground floor of the Building and New Addition, and will be
used for the Owner's salon business and other businesses. The Barn will be used as office space
for management of the Owner's salon, the Property, and other family businesses.
The Town, acting through the Lexington Town Meeting, is expected to consider, and may
approve, a Preliminary Site Development and Use Plan in April 2019 for the PD-4 District in
connection with the Project (the "PSDUP"). In the event that the Lexington Town Meeting
approves the PSDUP, this MOU between the Owner and the Town, acting by and through its
Board of Selectmen, sets forth certain additional mitigation measures to be completed or
undertaken by the Owner as part of the Project. This MOU supplements the obligations and
commitments of the Owner as established in the PSDUP. This MOU shall not negate the
obligations and commitments of the Owner in any other permit, certificate or approval issued, or
which may later be issued, by the Town in connection with the Project.
1
II. Traffic
A. Financial Contributions & Mitigation Measures.
.e�
1. The Owner shall provide bicycle parking within the Project.
2. Prior to the issuance of a Certificate of Occupancy for the Project, the
Owner shall make a one-time financial contribution of$30,000 to the
Town, being $2,000 per each parking space being added over the existing
number of spaces currently located on the Property. This payment is
intended to provide the Town funding for transportation and transportation
demand management improvements, including but not limited to sidewalk
and crosswalk improvements.
3. Prior to the issuance of a Certificate of Occupancy for the Project, the
Owner shall contribute an additional $20,000 for transportation demand
management improvements, including but not limited to a proposed bus
shelter or other improvements in the vicinity of the Project, and $2,500
toward public improvements at Garfield Park.
B. TDM Obligations. The Owner agrees to implement the transportation demand
management policies, measures and improvements ("TDM Measures") associated
with the Project in accordance with the Traffic Impact Study prepared by MDM
Transportation Consultants, dated December 17, 2018 in connection with the
Project. In addition, the Owner agrees to:
1. Restrict on-site residential parking to one space per apartment, to be
enforced by the Owner via lease restrictions.
2. Provide offsite parking for employees in the event additional parking is
required during peak periods of use, notwithstanding the MDM parking
and traffic analysis indicating that adequate on-site parking is provided.
III. Affordable Housing Commitment within Project
A. The Owner agrees to establish and maintain in perpetuity a minimum of four(4)
of the thirteen (13) Living Units as affordable "Local Action Units" certified
under the Massachusetts Department of Housing & Community Development's
("DHCD") Local Initiative Program(the "Affordable Units"). All Affordable
Units shall be situated within the Pro j ect so as not to be in a less desirable location
than the market rate units and shall be spread evenly throughout the Project. The
Affordable Units shall be integrated into the rest of the Pro j ect and shall be
compatible in size, design, appearance, construction, and quality of materials with
the market rate units.
2
B. The Owner shall, at its sole expense, undertake a lottery and implement an
Affirmative Fair Housing Marketing Plan (the "Marketing Plan") to solicit
interest for the occupancy of the Affordable Units in accordance with applicable
DHCD procedures then in effect. The lottery and the Marketing Plan shall be
conducted by a DHCD-approved agency. The lottery shall be conducted before
the last Certificate of Occupancy for the Project is issued. To the maximum
extent permitted by law, preference for the occupancy of at least 70% of the
Affordable Units shall be given to residents of the Town claiming a local
preference.
C. Consistent with the terms and conditions established in this section, the Owner
and the Town, subject to DHCD's review and approval, shall draft and execute a
binding, recordable affordable housing agreement that will detail the protocol for
the marketing, leasing, management and oversight of the Affordable Units.
D. The Owner shall submit a proposed Local Action Unit ("LAU") application,
including a draft Regulatory Agreement and Monitoring Agreement, to the Town
at the same time as it submits its Site Plan Review application to the Planning
Board. The Town and DHCD shall jointly serve as Monitoring Agents for the
LAU. The Owner shall reimburse the Town, or the Regional Housing Services
Office ("RHSO") which provides services to the Town, for any monitoring fees
incurred as Monitoring Agent.
E. The Owner shall submit a final, signed LAU application to DHCD within 90 days
of the Planning Board's determination on the Site Plan. Prior to the issuance of
any building permits for the Project: (a) the Owner and the Town shall execute
and the Owner shall record a Regulatory Agreement at the Middlesex South
Registry of Deeds, and(b) the Owner shall submit five (5) sets of final approved
plans from DHCD, stamped by a professional engineer, to the Town's Planning
Office, together with a narrative indicating any changes from plans previously
approved by the Planning Board through the Site Plan Review process. If the
Building Commissioner determines that there are any substantial changes between
the plans approved by the Planning Board and the plans approved by DHCD, the
Planning Board shall review the DHCD-approved plans.
F. It is the present intention of the Owner to complete all of the residential units at
the same time. In the event the units are not available at substantially the same
time, Certificates of Occupancy for the Affordable Units shall be issued such that
for every four dwelling units completed, one dwelling unit shall be an Affordable
Unit. The last Certificate of Occupancy issued for the Project shall be for a
market rate unit.
IV. Access and Utility Easements
A. Provide screen gate at emergency egress driveway using comparable materials to
the existing or new fence along Reed Street to screen views and discourage on-
street parking.
3
V. Noise Testing & Abatement
A. The Owner agrees to comply with the Town's Noise Control Bylaw, Chapter 80
of the Town's General Bylaws. In its Site Plan Review application(s) for the
Project, the Owner and its acoustic consultant will submit a testing protocol to be
used to establish ambient noise levels. These ambient noise levels will be used to
determine compliance with the Noise Control Bylaw. This protocol shall also be
used in the event of future noise complaints to establish compliance with the
Noise Control Bylaw. The Town may hire, at the Owner's expense, an acoustic
peer review consultant to review the testing protocol.
B. If the Town receives any noise complaints for the Project, or if the Owner makes
future improvements to the Project, the Owner shall demonstrate to the Town its
compliance with the Noise Control Bylaw. The Town may hire, at the Owner's
expense, a third-party acoustic consultant to review said compliance.
C. Upon occupancy of the Project, the Owner agrees to prohibit deliveries to the
Project between the hours of 7 P.M. until 7 A.M. on weekdays and from 7 P.M.
until to 8 A.M. on weekends and holidays.
VI. Sustainability
A. Prior to the issuance of a Certificate of Occupancy for either building in the
Project, Owner shall certify to the Town that such building has been designed and
built in accordance with LEED Silver standards established by the U.S. Green
Building Council.
VII. Consumer Price Index Adjustment
A. The Owner anticipates commencing construction of the Site Improvements not
later than the summer of 2021. However, in the event commencement of
construction of the Site Improvements is delayed, Owner agrees that, any
payments required under this MOU that are made after January 1, 2023 shall be
increased by the Consumer Price Index for all Urban Consumers, Boston-
Cambridge-Newton, published by the Bureau of Labor Statistics, U.S.
Department of Labor(CPI-U) for the previous calendar year(s); provided,
however, that these figures shall never be reduced below the base established
herein. The first such adjustment, if applicable, shall be completed on the initial
CPI-U Adjustment Date based on changes in CPI-U for the preceding calendar
year. If the Bureau of Labor Statistics should cease to publish the CPI-U in its
present form and calculated on the present basis, a comparable index or an index
reflecting changes in prices determined in a similar manner shall reasonably be
designated by the Town in substitution therefor. The CPI-U for any year relevant
to the application of this definition shall be that published by the Bureau of Labor
Statistics for such previous calendar year.
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VIII. Other Commitments
A. The Owner agrees to include or address, as the case may be, the following matters
in conjunction with its application for Site Plan Review, in addition to any other
considerations required by the Planning Board in the Site Plan Review Process:
1. The Owner shall preserve and renovate the Building and Barn that were
originally built circa 1874.
2. Depict locations of abutting property buildings and related improvements
for context with respect to the Project plan.
3. Provide adequate landscape and fence screening along the perimeter of the
property that abuts residential properties. Coordinate with residential
abutters regarding review of the preferred screening plan. Review existing
fence conditions and repair/replace as necessary.
4. Design site lighting to maintain appropriate illumination for public safety
and to not introduce light trespass onto abutting residential property. Site
lighting design to conform with applicable Zoning By-law regulations.
5. Add deciduous canopy tree quantity to mitigate the number of trees
removed as a result of the Project.
6. Specify New England native plant materials with consideration for use of
recommended Middlesex County plant materials lists for consistency.
7. Evaluate if a portion of proposed surface parking adjacent to abutting
residential property can be relocated to create additional open space in this
area.
8. Develop a snow storage plan that summarizes Owner's snow management
protocol to remove snow off-site during periods of heavy snow
accumulation.
9. Location of trash dumpster will be moved away from the lot line of the
adjacent residence. Consider lockable dumpster units to discourage
rodents and illegal dumping.
10. Relocate electric transformer away from abutting residential lot. Final
transformer location subject to approval by private utility company.
11. Maintain compact parking spaces along front of retail to minimize tree
root disturbances. Maintain a 2' grass zone with no plantings at end of
parking stalls to allow for vehicle overhang.
12. Retain a certified aborist to assess health of existing mature trees. The
Arborist in consultation with the Landscape Architect shall provide
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guidance for tree preservation and root protection measures during
site/utility construction.
13. Design retaining wall systems to reflect traditional New England dry-laid
natural stone wall style.
14. Submit details on Project site identity signage and locations in accordance
with the PSDUP and applicable Zoning By-law regulations.
15. Consistent with Lexington sustainability objectives, the design of the
Project will follow LEED Silver standards established by the U.S. Green
Building Council, with a focus on sustainability and environmental air
quality.
16. Initial heating and air conditioning design will utilize electric air source
heat pumps or a combination of high efficiency natural gas heat with air
source heat pumps for air conditioning, depending on projected operating
costs and engineering requirements. Consistent with Lexington
sustainability objectives, preference will be given to all electric air source
heat pumps to the extent that is able to provide comfort and economy.
17. Initially, two to four electric vehicle charging stations will be installed,
with capacity to add additional stations. Owner will take advantage of
available sustainability programs.
18. Short term rentals, such as Airbnb, will be prohibited and enforced by the
Owner via lease restriction.
19. The Barn will not be used for real estate sales or rental as a principal use;
this limitation shall not prohibit use of the Barn to provide leasing and
management services for the Project.
20. Business or professional office use will not exceed 25% of the commercial
space of the New Addition.
21. The Owner will, upon request, make a meeting room in the Barn available
for Precinct 8 community meetings during non-business hours.
IX. Miscellaneous
A. Bindin Effect.
1. This MOU shall run with the Property as an encumbrance and shall bind
and inure to the benefit of the Owner and its successors and assigns as
owners of the Property for as long as use of the Property is subject to the
PSDUP. The Town and the Owner agree that the Developer may transfer
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all, a portion of, or an interest in the Project to a new entity provided that
any new entity acknowledges that:
a) This MOU shall run with title to each portion of or interest in the
Project and shall be binding upon any entity with an ownership
interest in the Property, and each of its successors or assigns as to
the obligations which arise under this MOU during their respective
periods of ownership of the Property,provided that each
predecessor-in-title shall be forever released from this MOU upon
procuring a written acknowledgment from its immediate successor,
addressed to the Town, acknowledging and agreeing that such
successor-in-title is bound by the terms of this MOU and that this
MOU shall be enforceable against such successor by the Board of
Selectmen with respect to such successor's portion(s) of the
Property; and
b) The obligations created hereunder shall not be treated as assumed
by any new entity, and no prior entity shall be released from such
obligations, until such notice is delivered to the Town.
2. This MOU may be enforced by any remedy provided at law or in equity.
This MOU and the Lexington Zoning Bylaw ("Bylaw"), as modified by
the PSDUP, shall be construed in such a way as to reasonably harmonize
any conflicting provisions, but in the event of any irreconcilable conflict
between this MOU and the Bylaw as so modified, the Bylaw as so
modified shall control, subject to the provisions of any applicable State or
Federal law.
3. The Owner shall, prior to applying for a building permit for construction
of the Project, promptly record a Notice of this MOU with the Middlesex
South Registry of Deeds and furnish proof of the recorded notice to the
Building Commissioner's Office, Town of Lexington, 1625 Massachusetts
Avenue, Lexington, MA 02420 and to the Conservation Administrator,
Town of Lexington, 1625 Massachusetts Avenue, Lexington, MA 02420.
B. Owner's Existence and Authority. The Owner represents that it is a
Massachusetts limited liability company duly formed, validly existing, in good
standing and duly registered to do business in the Commonwealth of
Massachusetts. This MOU constitutes a valid and legally binding obligation of
the Owner, enforceable against Owner in accordance with its terms, and neither
the execution, delivery or performance of this MOU nor compliance herewith
conflicts with or will conflict with or results or will result in a breach of or
constitutes or will constitute a default under(1) the organization documents of the
Owner, (ii) any law or any order, writ, injunction or decree of any court or
governmental authority, or(iii) any agreement or instrument to which Owner is a
party by which it is bound.
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C. Cooperation. The Owner hereby agrees to cooperate with the Town on an
ongoing basis to implement this MOU.
D. Default; Opportunity to Cure. Failure by either party to this MOU to perform any
term or provision of this MOU shall not constitute a default under this MOU
unless and until the defaulting party fails to commence to cure, correct or remedy
such failure within fifteen days of receipt of written notice of such failure from
the other party and thereafter fails to complete such cure, correction, or remedy
within sixty days of the receipt of such written notice, or, with respect to defaults
that cannot reasonably be cured, corrected or remedied within such sixty-day
period, within such additional period of time as is reasonably required to remedy
such default, provided the defaulting party exercises due diligence in the
remedying of such default. Notwithstanding the foregoing, the Owner shall cure
any monetary default hereunder within thirty days following the receipt of written
notice of such default from the Town.
E. Time is of the Essence. Time shall be the essence for this MOU. Any reference
in this MOU to the time for the performance of obligations or elapsed time shall
mean consecutive calendar days, months, or years, as applicable. As used in this
MOU, the term "Business Day" shall mean any day other than a Saturday,
Sunday, recognized federal holiday or recognized state holiday in the
Commonwealth of Massachusetts. If the last date for performance by either party
under this MOU occurs on a Saturday, Sunday, or recognized federal or state
holiday in the Commonwealth of Massachusetts, then the last date for such
performance shall be extended to the next occurring Business Day.
F. Permitting. The execution and delivery of this MOU does not constitute an
agreement by the Town that any necessary permit or approval for the Proj ect will
in fact be granted, including, without limitation, approval of the PSDUP by the
Lexington Town Meeting or issuance of any permit, certificate or approval for the
Project. The execution of this MOU shall be incorporated into and made a
condition of the PSDUP.
G. Effective Date. This MOU shall become binding when all permits necessary for
the Project, including the PSDUP and any Special Permits and Order of
Conditions for the Project, are effective and the Owner has notified the Town in
writing of its intention to proceed with construction of the Project (the "Effective
Date"). In the event that (i) the changes to the Zoning Bylaw effectuating the
PSDUP are disapproved by the Massachusetts Attorney General or a court of
competent jurisdiction, (ii) the Owner fails to obtain or maintain any permit,
certificate, or approval necessary for the Project or(iii) the Owner chooses not to
proceed with the construction of the Project and notifies the Town accordingly,
this MOU shall be null and void.
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H. Amendment of MOU. This MOU may not be amended, modified or terminated
except by a written instrument executed by Owner or a successor owner and by
the Board of Selectmen.
I. Enforcement; No Waiver. The failure of the Town or the Owner to enforce this
MOU shall not be deemed a waiver of the Town or the Owner's right to do so
thereafter.
J. Severability. The invalidity of any provisions of this MOU as determined by a
court of competent jurisdiction shall in no way affect the validity of any other
provision hereof. If any provision of this MOU or its applicability to any person
or circumstances shall be held invalid, the remainder thereof, or the application to
other persons shall not be affected.
K. Applicable Law. This MOU shall be governed by and according to the laws of
the Commonwealth of Massachusetts, as amended from time to time. Any action
brought by the Town hereunder may be brought in the Land Court or the Superior
Court in and for the County of Middlesex, and the Owner hereby agrees to the
jurisdiction of such court.
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Executed under seal as of the date first set forth above.
TOWN OF LEXINGTON
BOARD OF SELECTMEN
Suzanne E. Barry, Chairperson Joseph N. Pato
Jill Hai Mark Sandeen
Douglas Lucente
OWNER:
186 Bedford Street, LLC,
a Massachusetts limited liability
company
By:
Signature Page to MOU between[Developer/Owner]and Town of Lexington
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Solar RFP
PRESENTER: ITEM
NUMBER:
Jim Malloy, Town Manager
I.3
SUMMARY:
This item is not ready for discussion with the Board of Selectmen. The RFP has been issued and there was
one bidder,Ameresco. The Town's consultant(Cadmus)has put together a presentation that was thought to
be ready for the meeting on 4/3 however, there have been questions raised by Town departments and
Sustainable Lexington. We have scheduled a meeting on 4/11 to discuss the presentation with Cadmus and
then will reschedule once these questions have been answered.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
4/3/2019 6:45 p.m.