HomeMy WebLinkAbout2015-03-23-BOS-Packet-releasedSELECTMEN'S MEETING
Monday, March 23, 2015
Room 148, Lexington High School
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 781-698-4580 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. Approve and Sign Assignment and Assumption of Grant of Option
Agreement for Wright Farm (5 min.)
6:00 PM
2. Approve and Sign Shire Conservation Restriction and Drainage, Sidewalk
and Trail Easements (5 min.)
6:05 PM
3. Article Presentations/Positions (30 min.) 6:10 PM
1. Appropriation Committee Recommendations on Reducing Allocation
to OPEB Funding to $1.2M
2. Article 11 (k) Municipal Capital-Hastings Park Undergrounding
Wires
3. Article 34 Set Personal Property Minimum Tax
4. Article 48 Amend Zoning By-Law-Commercial Zoning District
Lines
5. Article 41 Amend General Bylaws-Contracts and Deeds
4. Conservation Commission Reappointment (5 min.) 6:40 PM
CONSENT AGENDA
1. Approve Water and Sewer Commitments and Adjustments 6:45 PM
2. Vote to Layout Richmond Circle and Martingale Road as Public Ways 6:45 PM
3. Bike Walk 'N Bus Week 6:45 PM
EXECUTIVE SESSION
1. Executive Session: Exemption 3 - Update on Lexington Police Association
Contract Negotiations (10 min.)
6:55 PM
ADJOURN
The next meeting of the Board of Selectmen is scheduled for Wednesday, March 25, 2015, at
6:00 p.m. in Room 148 in the Lexington High School, 251 Worthen Road.
Hearing Assistance Devices Available on Request
All agenda time and the order of items are approximate and subject to change.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE:
3/23/2015
PRESENTER:
Karen Mullins, Conservation Director
ITEM NUMBER:
I.1
AGENDA ITEM TITLE:
Approve and Sign Assignment and Assumption of Grant of Option Agreement for Wright Farm (5 min.)
SUMMARY:
It is the Selectmen's intent to recommend to Town Meeting the purchase of 241 Grove Street, Wright
Farm parcel 2. This purchase, if approved by Town Meeting, will be funded with CPA funds. The
parcel will then be subdivided such that the house will be deeded to LexHab for community housing and
the remaining land will be deeded to the Conservation Commission for conservation/open space
purposes. Currently the option to purchase this parcel is solely with the Conservation Commission. In
order to affect dividing the lot into two parcels, Town Counsel has recommended that the Conservation
Commission assign its rights to purchase the parcel to the Board of Selectmen. Following the purchase
the Selectmen will then have the lot divided into two parcels, with one being deeded to the Conservation
Commission and the other to LexHab.
RECOMMENDATION / SUGGESTED MOTION:
Move to approve and sign the Assignment and Assumption of Grant of Option Agreement for the parcel
at 241 Grove Street.
FOLLOW-UP:
Town Counsel's Office.
APPROXIMATE TIME ON AGENDA:
6:00 PM
ATTACHMENTS:
Description Type
Wright Farm Purchase Flow Chart Exhibit
Assignment and Assumption of Grant of Option Agreement for Wright Farm Backup Material
Grant of Option Timeframe:Notice of Option Period Commencement from Grantor under Grant of Option Agreement (Received 2/10/15)Assignment of Option Agreement from Conservation Commission to Board of Selectmen (to be voted at 3/16/15Con Comm meeting and accepted by BOS at 3/23/15meeting)Closing of conveyance of property to Board of SelectmenComplete Purchase Notice and send to Grantor (Purchase Notice will include a proposed Purchase and Sale Agreement) (Notice to be sent in early May)Obtain Town Meeting Approval (Town Meeting begins 3/23/15) for exercising option, transferring care and custody of portion of property to Conservation Commission, and conveying to LexHAB [including renovation work on house]; perform due diligence review, including title and update of existing Phase 1; prepare ANR plan; [obtain CPC approval of funds]. [Note: Timing of commencement of due diligence to be confirmed.]180 days to respond (8/14/15)Complete negotiations and execute Purchase and Sale Agreement/file Disclosure of Beneficial Interest FormTransfer of custody and control of portion of property from Board of Selectmen to Conservation Commission and conveyance of a portion of property to LexHabNo earlier than 120 days and no later than 180 days after Purchase Notice 30 days from sending Purchase Notice Complete Conservation Restriction and Affordable Housing Restriction on parcelsApprox. 30 daysfrom execution of Purchase and Sale Agreement (assumption of waiver of full 60-day Due Diligence Period and waiver of Closing timeline set forth in Option AgreementTiming to be determinedSimultaneously or after agreed-upon time period
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE:
3/23/2015
PRESENTER:
Karen Mullins, Conservation Director
ITEM NUMBER:
I.2
AGENDA ITEM TITLE:
Approve and Sign Shire Conservation Restriction and Drainage, Sidewalk and Trail Easements (5 min.)
SUMMARY:
Karen Mullins will be at your meeting to answer any questions regarding approving the Shire
Conservation Restriction and Drainage, Sidewalk and Trail Easements.
RECOMMENDATION / SUGGESTED MOTION:
Motion to accept and sign the Conservation Restriction between Shire and the Conservation
Commission.
Motion to approve and sign the Drainage Easement between Shire and the Town of Lexington.
Motion to approve and sign the Sidewalk Easement between Shire and the Town of Lexington.
Motion to accept and sign the Trail Easement between Shire and the Conservation Commission.
FOLLOW-UP:
APPROXIMATE TIME ON AGENDA:
6:05 PM
ATTACHMENTS:
Description Type
Memo from Karen Mullins on Shire Documents Cover Memo
Shire Conservation Restriction Backup Material
Shire Drainage Easement Backup Material
Shire Sidewalk Easement Backup Material
Shire Trail Easement Backup Material
MEMORANDUM
TO: Board of Selectmen
FROM: Karen M. Mullins, Conservation Administrator
DATE: March 17, 2015
Re: Shire Human Genetic Therapies, Inc., Shire Way and Spring St
Please find attached for the Board’s approval and signature the following documents:
1. Conservation Restriction - to be executed by both the Board of Selectmen and signatures to be
notarized (need 2 originals executed);
2. Trail Easement- to be executed by both the Board of Selectmen and signatures to be notarized
(need 2 originals executed);
3. Sidewalk Easement- to be executed by the Board of Selectmen and signatures to be notarized
(need 1 original executed); and
4. Drainage Easement- to be executed by the Board of Selectmen and signatures to be notarized
(need 1 original executed).
As a point of information, the granting of a Conservation Restriction and Trail Easement were a
requirement of permits issued for the site, both the Zoning Board of Appeal’s Special Permit and
the Conservation Commission’s Order of Conditions. For the past several years, the
Conservation Commission, with Town Counsel assistance, has been working with Shire to
finalize the restriction and easement language and referenced final plans, and attached are the
final Conservation Restriction and Trail Easement that are acceptable and approvable by Shire
and the Commission, including the conservation stewards, and the State Executive Office of
Energy and Environmental Affairs. The Conservation Commission, who is the Grantee, accepted
and signed the enclosed Conservation Restriction and the Trail Easement during their meeting on
Monday, March 16, 2015.
The sidewalk and drain easement were requirements of the Engineering Division as part of the
Spring Street sidewalk construction and the Shade Street roadway project. Both these easements
are required to be recorded prior to the Conservation Restriction since these easements fall
within Conservation Restriction Area B.
I will be available at your meeting to respond to any questions that may come up, but, in the
meantime, if you have any questions or need additional information, please do not hesitate to
contact me. Thank you.
RECORD AND RETURN TO:
Grantor: Shire Human Genetic Therapies, Inc.
Grantee: Town of Lexington
Address of Property: Shire Way and Spring Street, Lexington, MA
For Title See:
'"" Recording Information Area ~
Middlesex County South District Registry of Deeds Book 54920, Page 208; and Middlesex County South District
Registry of Deeds Book 51406, Page 560; Land Court Division of said Registry Certificate of Title No. 233892 and
Notice of Voluntary Withdrawal from Registered filed with said Land Court Division as Document No. 1460201, and
recorded with said Registry at Book 50427, Page 1. (the "Grantor's Land")
CONSERVATION RESTRICTION
Shire Human Genetic TI?-erapies, Inc. ("Shire Inc."), a Delaw.are corporation with an
address of 300 Shire Way, Lexington, Massachusetts 02421, being the owner, for itself and its
successors and assigns (the "Grantor"), acting pursuant to Sections 31, 32, and 33 of Chapter
184 of the Massachusetts General Laws, hereby grants, with quitclaim covenants, to the Town of
Lexingto~, acting by and through its Conservation Commission, by authority of Chapter 40
Section 8C, and its permitted successors and assigns ("Grantee"), for consideration of One
Dollar ($1. 00) and for other good and valuable consideration, in perpetuity and exclusively for
conservation purposes, the following Conservation Restriction affecting Conservation
Restriction Area "A", Conservation Restriction Area "B", and Conservation Restriction Area
"C" (such Conservation Restriction Areas A, Band Care the "Premises"), affecting land located
in the Town of Lexington, Massachusetts and more particularly described below as Grantor's
Land and in Exhibit A and shown on the plan entitled "Conservation Restriction, Trail Easement,
Drainage Easement and Sidewalk Easement Plan", prepared by BSC Group, dated February 26,
2015 and recorded in the Middlesex County South District Registry of Deeds in Book __ ,
Page __ (the "Plan"), and a sketch plan version of which is attached hereto as Exhibit B. A
legal description of the Premises is attached hereto as Exhibit C.
This Conservation Restriction is further granted in consideration of those certain decisions issued
by the Town of Lexington Board of Appeals recorded with the Middlesex County South District
Registry of Deeds in Book 51547, Page 271, as amended by the subsequent decision of the
Board recorded with the Registry in Book 52060, Page 58; and recorded with said Registry at
Book 54260, Page 62; (the "Permits") and that certain order of conditions issued by the Town of
Lexington Conservation Commission, DEP File Number, 201-719, BL-676, recorded with the
Registry in Book 50775, Page 21.
Grantee is authorized to accept conservation restrictions to protect natural environmentally
significant property under the provisions of Mass. Gen. Laws c. 40, § 8C and c. 184, §§ 31, 32,
and 33 ("Act"). Grantee is a governmental unit whose primary purposes include the protection,
preservation and conservation of land in its natural state and the protection, preservation and
conservation of wetlands, wildlife habitat, private and public water supplies and groundwater
supplies; and to regulate in the areas of flood control, storm water management and damage
prevention and pollution prevention. ·
I. PURPOSES
This Conservation Restriction is authorized by Sections 31-3 3 of Chapter 184 of the General
Laws and otherwise by law. The purpose of this Conservation Restriction (the "Purpose") is to
assure that the Premises will be maintained in perpetuity and for conservation purposes,
predominantly in a natural, scenic and undeveloped condition, and to prevent any use or change
that would materially impair or interfere with its conservation and· preservation values
("Conservation Values").
These values include the following:
• Open Space Preservation. The protection of the Premises, including the preservation of
trees, stone walls, wetlands and fields in their naturally vegetated state, contributes to the
protection of the scenic and natural character of the Town of Lexington.
• Furtherance of Government Policy. Protection of the Premises furthers the Town of
Lexington's 1996 Open Space and Recreation Plan: the protection of the Town's scenic
landscape (Objective 2a), the protection of forest (Objective 2b ), the. protection of the Town and·
Region's water resources (Objectives 3a & 5a), and provides extra protection to the Town's most
fragile resources (Objective 3b ).
• Conservation Trails for passive recreation, education, and nature study, as defined below.
• Water Supply and Wetlands. Protection of the Hobbs Brook Reservoir (an Outstanding
Water Resource) and its watershed, public and private water supply, groundwater recharge,
storm damage prevention, flood control and related wildlife habitat.
II. PROHIBITED ACTS AND USES, EXCEPTIONS THERETO, AND PERMITTED
USES
A. Prohibited Acts and Uses; Exceptions
Subject to the exceptions set forth in this Conservation Restriction, the Grantor will not
perform or permit the following acts and uses which are prohibited on, above, and below the
Premises:
-2-
2183109.11
(1) Constructing, placing or allowing to remain any temporary or permanent building, tennis
court, landing strip, mobile home, swimming pool, asphalt or concrete pavement, sign, fence,
billboard or other advertising display, antenna, utility pole, tower, conduit, line or other
temporary or permanent structure or facility on, above or under the Premises;
(2) Mining, excavating, dredging or removing from the Premises of soil, loam, peat, gravel,
sand, rock or other mineral resource or natural deposit or otherwise make topographical changes
to the area;
(3) Placing, filling, storing or dumping on the Premises of soil, refuse, trash, vehicle bodies or
parts, rubbish, debris, junk, waste or other substance or material whatsoever or the installation of
undergro}lnd storage tanks; ·
( 4) Cutting, removing or otherwise destroying trees, grasses or other vegetation;
(5) Activities detrimental to drainage, flood control, water conservation, water quality, erosion
control, soil conservation, or archaeological conservation (including stone walls);
(6) Use, parking or storage of vehicles including motorcycles, mopeds, all-terrain vehicles,
trail bikes, or any other motorized vehicles on the Premises except for vehicles necessary for
public safety (i.e., fire, police, ambulance, other government officials) in carrying out their
lawful duties;
(7) The use of the Premises for more than de minimis commercial recreation, business,
residential or industrial purposes.
(8) The use of the Premises to satisfy any zoning requirements for future development,
except with respect to the development on Grantor's Land of the additional improvements
("Future Phases") authorized by the Amended Preliminary Site Development and Use Plan
("PSDUP") and the Definitive Site Development and Use Plan ("DSDUP"; the PSDUP and the
DSDUP are referred to as the "Overlay Zoning") cited in the Permits, as any of the same may be
amended from time to time. For avoidance of doubt, nothing in this item (8) shall limit the ability
of the Grantor to seek, for the development of Future Phases, any additional permits and
approvals that may be needed.
(9) Any other use of the Premises or activity thereon which is_ inconsistent with the purpose of
this Conservation Restriction or which would materially impair its Conservation Values.
B. Reserved Rights and Exceptions
The Grantor reserves the right, but not the obligation, and at its own discretion, to
conduct or permit the following activities and uses on the Premises, but only if such uses and
activities do not materially impair the Conservation Values or Purposes of this Conservation
Restriction:
-3-
2183109.11
(1) Utilities. (i) Maintenance, upgrading, repair, replacement and operation of existing utility
lines, pipes, conduits, and associated facilities, structures and appurtenances thereto; (ii)
installation, maintenance, upgrading, repair, replacement and operation of utility lines, pipes,
conduits, and associated facilities, structures and appurtenances thereto within the Gravel Access
Road (as defined below), or (iii) or as otherwise may be appn:)ved by the Grantee. Grantor and
Grantee agree that all such·utilities, and the maintenance, repair and/or replacement of any such
utilities do not (and will not) materially impair the conservation values or purposes of this
Conservation Restriction, provided that the Premises are restored to substantially the condition
they were in prior to such work.
(2) Maintenance and Vegetation Management. In accordance with generally accepted forest
management practices, selective de minimis removing of brush, pruning and cutting to prevent,
control or remove hazards, disease, insect or fire damage, or to preserve the present condition of
the Premises and removal of trash, including, without limitation, abandoned vehicles, bicycles,
construction debris, etc.
(3) Non-native or nuisance species. The removal of non-native or invasive species, the
interplanting of native species, and the control of species in a manner that minimizes damage to
surrounding, non-target species and preserves water quality.
(4) Composting. The stockpiling and composting ofstumps, trees and brush limbs and
similar biodegradable materials originating on the Premises, provided that such stockpiling and
composting is in locations where the presence of such activities will not have a deleterious
impact on the purposes (including scenic values) of this Restriction;
( 5) Wildlife Habitat Improvement. With the prior written permission of Grantee, measures
designed to restore native biotic communities, or to maintain, enhance or restore wildlife,
wildlife habitat, or rare or endangered species including selective planting of native trees, shrubs
and plant species;
(6) Archaeological Investigations. The conduct of archaeological activities, inCluding
without limitation survey, excavation and artifact retrieval, following submission of an
archaeological field investigation plan and its approval in writing by Grantee and the State
Archaeologist of the Massachusetts Historical Commission (or appropriate successor official);
(7) Trails. The marking, clearing and maintenance of trails. Trails are to be not wider than 6
feet;
· (8) Signs. The erection, maintenance and replacement of signs with respect to rules for using
the Premises and trails, hunting, trespass, trail access, identity and address of the occupants, sale
of the Premises, the Grantee's interest in the Premises, and the protected conservation values; and
the installation of signage, fencing and other appurtenances that the Grantor deems necessary in
connection therewith within the Premises, provided, however, that said signage, fencing and
other appurtenances are of similar size and scale of other signage, fencing and other
appurtenances within conservation areas in the Town of Lexington;
-4-
2183109.11
(9) Sidewalk. Construction, maintenance, repair and replacement of a bituminous concrete
and/ or natural surface sidewalk within the area shown as "Easement A" on the Plan within
Conservation Restriction Area "B";
(1 0) Drainage & Utilities. Construction, maintenance, repair and replacement of drainage
improvements and/or utilities within the area shown as "Easement B" on the Plan, within
Conservation Restriction Area "B";
(11) Gravel Access Road. Maintenance, repair, replacement, snow removal and operation of
the existing 12 foot gravel access road, and appurtenances thereto, which provides emergency
access, identified on the Plan as the "Gravel Access Road," a portion of which is located within
Conservation Restriction Area "A";
(12) Motor vehicle use. Use of motor vehicles on the Gravel Access Road or elsewhere on
the Premises as reasonably necessary in conducting any of the reserved rights in this Paragraph
B, provide that such vehicles shall, if reasonably possible, be used only on trails and on the
Gravel Access Road;
(13) Security.· The right, but not the obligation, of the Grantor and its security personnel, to
provide security within the Premises (such as foot patrols, or the use of security vehicles on the
Gravel Road, but which does not include the right to construct any security-related
improvements within the area subject to the Conservation Restriction, such as, without
limitation, fences), consistent with the provisions of this· Conservation Restriction and the
policies and procedures applicable to Grantor's Land from time to time; and
(14) Activities Permitted by Law. All activities permissible under law not expressly
prohibited by this Conservation Restriction and that are consistent with this Conservation
Restriction and that will not materially impair its Purpose.
The exercise of any right reserved by Grantor under Paragraph B of this Section II shall be in
compliance with zoning, the Wetlands Protection Act, and all other applicable federal, state and
local laws, rules, regulations, and permits. The inclusion of any reserved right requiring a permit
from a public agency does not imply that the Grantee or the Commonwealth takes any position
whether such permit should be issued.
C. Notice and Approval
Whenever notice to or approval by Grantee is required under the provisions of Paragraphs A or B
of this Section II, Grantor shall notify Grantee in writing not less than 60 days prior to the date
Grantor intends to undertake the activity in question. The notice shall describe the nature, scope,
design, location, timetable and any other material aspect of the proposed activity in sufficient
detail to permit the Grantee to make an informed judgment as to its consistency with the
purposes of this Conservation Restriction. Where Grantee's approval is required, Grantee shall
grant or withhold approval in writing within 60 days of receipt of Grantor's request. Grantee's
approval shall not be unreasonably withheld, but shall only be granted upon a showing that the
proposed activity shall not materially impair the purposes of this Conservation Restriction.
-5-
2183109.11
Failure of Grantee to respond in writing within 60 days shall be deemed to constitute approval by
Grantee of the request as submitted, so long as the request sets forth the provisions of this section
relating to deemed approval after 60 days in the notice, provided that the requested activity is not
prohibited herein and the activity will not materially impair the Purpose.
III. LEGAL REMEDIES OF THE GRANTEE
A. Legal and Injunctive Relief
The rights hereby granted shall include the right to enforce this Conservation Restriction by
appropriate legal proceedings and to obtain injunctive and other equitable relief against any
violations, including, without limitation, relief requiring restoration of the Premises to their
condition prior to the time of the injury complained of (it being agreed that the Grantee will have
no adequate remedy at law). The rights hereby granted shall be in addition to, and not in
limitation of, any other rights and remedies available to the Grantee for the enforcement of this
Conservation Restriction. Grantee agrees to cooperate for a reasonable period of time prior to
resorting to legal means in resolving issues concerning violations provided Grantor ceases
objectionable actions and Grantee determines there is no ongoing diminution of the conservation
values of the Conservation Restriction.
Grantor covenants and agrees to reimburse to Grantee all reasonable costs and expenses
(including reasonable counsel fees) incurred in enforcing this Conservation Restriction or in
taking reasonable measures to remedy, abate or correct any violation thereof, provided that a
violation of this Conservation Restriction is aclmowledged by Grantor or determined by a court
of competent jurisdiction to have occurred. In the event of a dispute between Grantor and
Grantee as to the location of the boundaries of this Conservation Restriction, the Grantor shall be
responsible for such survey work and installation of boundary markers as may be reasonably
required to resolve such dispute.
B. Non-Waiver
Enforcement of the terms of this Conservation Restriction shall be at the discretion of Grantee.
Any election hy the Grantee as to the manner and timing of its rightto enforce this Conservation
Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a
waiver of such rights.
C. Disclaimer of Liability
By acceptance of this Conservation Restriction, the Grantee does not undertake any liability or
obligation relating to the condition of the Premises pertaining to compliance with and including,
but not limited to, hazardous materials, zoning, environmental laws and regulations, or acts not
caused by the Grantee or its agents.
D. Acts Beyond the Grantor's Control
-6-
2183109.11
Nothing contained in this Conservation Restriction shall be construed to entitle the Grantee to
bring any actions against the Grantor for any injury to or change in the Premises resulting from
causes beyond the Grantor's control, including but not limited to fire, flood, storm and earth
movement, or from any prudent action taken by the Grantor to prevent, abate, or mitigate
significant injury to the Premises resulting from such causes, provided that if any such injury or
change shall occur, the parties shall cooperate in reasonable efforts to restore the Premises, if
desirable and feasible, and at no cost to the Grantor.
IV. ACCESS
The Conservation Restriction hereby conveyed does not grant to Grantee, to the public generally,
or to any other person any right to enter upon the Premises except as follows:
Monitoring, Enforcement and Restoration. The Grantor hereby grants to the Grantee, or its duly
authorized agents or representatives, the right to enter the Premises upon reasonable notice and at
reasonable times, for the purpose of inspecting the Premises to determine compliance with or to
enforce this Conservation Restriction. The Grantor also grants to the Grantee, after notice of a
violation and failure of the Grantor to cure said violation, the right to enter the Premises for the
purpose of taking any and all actions with respect to the Premises as may be necessary or
appropriate to remedy or abate any violation hereof, including but not limited to the right to
perform a survey of boundary lines. The Grantor grants to the Grantee (but not the general
public) the right and easement to pass from the public ways over such driveways and roadways
as may from time to time be located on the Grantor's Land, for the purpose of exercising its
rights under this paragraph of this Section IV of this Conservation Restriction.
Public Access. Grantor also grants to Grantee the right to construct, maintain, repair and replace,
and to invite the public to use for purposes of passive recreation, education, and nature study,
public access trails within the Premises, more particularly in those locations shown on the Plan
as "Conservation Trail," the location of which may be amended from time to time by mutual
agreement of Grantor and Grantee. Such trails shall be accessed via the public ways known as
Shade Street, Weston Street and Spring Street. Access to such trails shall be free of charge, and
Grantor and Grantee shall have the benefit of Massachusetts General Laws, c. 21, section 17C.
Notwithstanding the foregoing, the Grantor hereby reserves the right to restrict such public
access at any time for security or for public health and safety reasons for periods of up to one
week, and to request Grantee's approval for longer periods, such approval not to be unreasonably
withheld. Any such restriction must be imposed in good faith, must be reasonably necessary,
and must be as limited in time as is reasonably consistent with the security or public health and
safety reason for which it is imposed. Other than such express and delineated access, the general
public shall have no right of access to the Premises under this Conservation Restriction.
An additional public access trail to be located on Grantor's Land, but not within the Premises,
said other land and trail expressly not subject to this Conservation Restriction, shall be the
subject of a separate easement agreement to be recorded herewith.
V. EXTINGUISHMENT
A. Impossibility
-7-
2183109.11
If circumstances arise in the future such as render the purpose of this Conservation Restriction
impossible to accomplish, this Conservation Restriction can only be terminated or extinguished,
whether in whole or in part, by a court of competent jurisdiction under applicable law, and after
review and approval by the Secretary of the Executive Office of Energy and Environmental
Affairs.
B. Intentionally Deleted.
C. Grantor/Grantee Cooperation Regarding Public Action
Whenever all or any part of the Premises or any interest therein is taken by public authority
under power of eminent domain or other act of public authority, then the Grantor and the Grantee
shall cooperate in recovering the full value of all direct and consequential damages resulting
from such action. All related expenses incurred by the Grantor and the Grantee shall first be paid
out of any recovered proceeds, and the remaining proceeds shall be distributed between the
Grantor and Grantee in shares equal to the proportionate value of the interest held by each,
determined in accordance with recognized land valuation methodologies at the time of the
taking. If a, less than fee interest is taken, the proceeds shall be equitably allocated according to
the nature of the interest taken. The Grantee shall use its share of the proceeds like a continuing
trust in a manner consistent with the conservation purposes of this grant.
VI. ASSIGNABILITY
A. Running of the Burden
The burdens of this Conservation Restriction shall run with the Premises in perpetuity, and shall
be enforceable against the Grantor and the successors and assigns of the Grantor holding any
interest in the Premises.
B. Execution of Instruments
The Grantee is authorized to record or file any notices or instruments appropriate to assuring the
perpetual enforceability of this Conservation Restriction in accordance with its terms. Without
limiting the foregoing, the Grantor and their successors and assigns agree to execute any such
instruments upon reasonable request. '
C. Running of the Benefit
The benefits of this Conservation Restriction shall run to the Grantee, shall be in gross and shall
not be assignable by the Grantee, except in the following instances:
- 8 -
2183109.11
Consistent with and not in derogation of the related sections of the introductory paragraphs of
this Conservation Restriction, as a condition of any assignment, the Grantee shall require that the
purpose of this ·conservation Restriction continues to be carried out; and the assignee, at the time
of the assignment, qualifies under Section 170(h) of the Internal Revenue Code of 1986, as
amended, and applicable regulations thereunder, and is a donee eligible to receive this
Conservation Restriction under Section 32 of Chapter 184 ofthe General Laws ofMassachusetts.
Any assignment will comply with Article 97 of the Amendments to the Constitution of the
Commonwealth of Massachusetts, if applicable.
VII. SUBSEQUENT TRANSFERS
The Grantor agrees to incorporate by reference the terms of this Conservation Restriction in any
deed or other legal instrument by which it divests itself of any interest in all or a portion of the
Premises, including a leasehold interest and to notify the Grantee within twenty (20) days of such
transfer. Failure to do either shall not impair the validity or enforceability of this Conservation
Restriction.
The Grantor shall not be liable for violations occurring after its ownership. Liability for any
breach of this Conservation Restriction occurring prior to any transfer, and liability for any
transfer if in violation of this Conservation Restriction shall survive the transfer. Any new owner
shall cooperate in the restoration of the Premises or removal of violations caused by prior
owner(s), and may be held responsible for any continuing violations.
VIII. ESTOPPEL CERTIFICATES
Upon request by the Grantor, the Grantee shall, within thirty (30) days, execute and deliver to the
Grantor any document, including an estoppel certificate, which certifies the Grantor's
compliance with any obligation of the Grantor contained in this Conservation Restriction.
IX. NO MERGER
The parties intend that any future acquisition of the Premises shall not result in a merger of the
Conservation Restriction into the fee. The Grantor agrees that it will not grant to the Grantee, and
the Grantee agrees that it will not take title to, any part of the Premises without Grantee having
first assigned this Conservation Restriction to a party that does not own the fee to the Premises to
ensure that merger does not occur and that this Conservation Restriction continues to be
enforceable by a non-fee owner.
X. AMENDMENT
If circumstances arise under which an amendment to or modification of this Conservation
Restriction would be appropriate, Grantor and Grantee may jointly amend this Conservation
Restriction; provided that no amendment shall be allowed that will affect the qualification of this
-9-
2183109.11
Conservation Restriction or the status of Grantee under any applicable laws, including Section
170(h) of the Internal Revenue Code of 1986, as amended, or Sections 31-33 of Chapter 184 of
the General laws of Massachusetts. Any amendments to this Conservation Restriction shall
occur only in exceptional circumstances. The Grantee will consider amendments only to correct
an error or oversight, to clarify an ambiguity, or where there is a net gain in conservation value.
All expenses of all parties in considering and/ or implementing an amendment shall be borne by
the persons or entity seeking the amendment. Any amendment shall be consistent with the
purposes of this Conservation Restriction, shall not affect its perpetual duration, shall be
approved by the Secretary of Energy and Environmental Affairs and if applicable, shall comply
with the provisions of Article 97 of the Amendments to the Massachusetts Constitution, and any
gifts, grants or funding requirements. Any amendment shall be recorded in the Middlesex
County South District Registry of Deeds.
XI. EFFECTIVE DATE
This Conservation Restriction shall be effective when the Grantor and the Grantee have executed ·
it, the administrative Approvals required by Section 32 of Chapter 184 of the General Laws have
been obtained, and it has been recorded in the Middlesex County South District Registry of
Deeds. The Grantee shall record this instrument in timely manner in the Middlesex County South
District Registry of Deeds.
XII. NOTICES.
Any notice, demand, request, consent, approval or communication that e~ther party desires or is
required to give to the other shall be in writing and either served personally or sent by first class
mail, postage pre-paid, or by nationally recognized overnight carrier, addressed as follows:
2183109.11
To Grantor:
Shire Human Genetic Therapies, Inc.
300 Shire Way
Lexington, Massachusetts 024 21
Attn: General Counsel
To Grantee:
Lexington Conservation Commission
1625 Massachusetts A venue
Lexington, Massachusetts 024 21
Attn: Conservation Administrator
and
Lexington Board of Selectmen
c/o Town Administrator
1625 Massachusetts A venue
-10-
Lexington, Massachusetts
or to such other address as any of the above parties shall designate from time to time by written
notice to the other or that is reasonably ascertainable by the parties.
XIII. GENERAL PROVISIONS
A. Controlling Law
The interpretation and performance of this Conservation Restriction shall be governed by the
laws of the Commonwealth of Massachusetts.
B. Liberal Construction
Any general rule of construction to the contrary notwithstanding, this Conseryation Restriction
shall be liberally construed in favor of the grant to effect the purpose of this Conservation
Restriction and the policy and purposes of Massachusetts General Laws Chapter 184, Sections
31-3 3. If any provision in this instrument is found to be ambiguous, any interpretation consistent
with the purpose of this Conservation Restriction that would render the provision valid shall be
favored over any interpretation that would render it invalid.
C. Severability
If any provision of this Conservation Restriction or the application thereof to any person or
circumstance is found to be invalid, the remainder of the provision of this Conservation
Restriction shall not be affected thereby.
D. Entire Agreement
This instrument sets forth the entire agreement of the parties with respect to this Conservation
Restriction and supersedes all prior discussions, negotiations, understandings or agreements
relating to the Conservation Restriction, all of which are merged herein.
XIV. MISCELLANEOUS
A. Pre-existing Public Rights. Approval of this Conservation Restriction pursuant to M.G.L.
Chapter 184, Section 32 by any municipal officials and by the Secretary of Energy and
Environmental Affairs is not to be construed as representing the existence or non-existence of
any pre-existing rights of the public, if any, in and to the Premises, and any such pre-existing
rights of the public, if any, are not affected by the granting of this Conservation Restriction.
B. Attachments & Signature Pages. Attached hereto and incorporated herein are the
following:
(i) Vote/Resolution of Grantor, authorizing the grant of this restriction.
-11 -
2183109.11
(ii) Signature pages of Grantor, Grantee, Board of Selectmen and Secretary of Energy
and Environmental Affairs
WITNESS my hand and seal this _____ day of _______ , 2015.
GRANTOR:
Shire Human Genetic Therapies, Inc.
By ____________________________ __
Its -------
COMMONWEALTH OF MASSACHUSETTS
_____ ,ss.
On this date, , 2015, before me, the undersigned notary public, personally appeared
---------·' the of Shire Human Genetic Therapies, Inc., proved to me
through satisfactory evidence of identification, which was , to be the person whose
name is signed on the preceding or attached document, and acknowledged to me that he/she signed it
voluntarily for its stated purpose on behalf of said corporation.
Notary Public
My commission expires: _____ _
-12-
2183109.11
ACCEPTANCE OF GRANT
At a public meeting held on __ , 2015, the Lexington Conservation Commission voted to
accept the above Conservation Restriction from Shire Human Genetic Therapies, Inc.
By: _______________________ _
Its: _________ , duly authorized
COMMONWEALTH OF MASSACHUSETTS
_____ ,ss.
On this date, , 2015 '-before me, the undersigned notary public, personally appeared.
_________ , the · of the Lexington Conservation Commission, proved to
me through satisfactory evidence of identification, which was , to be the person whose
name is signed on the preceding or attached document, and acknowledged to me that he/she signed it
voluntarily for its stated purpose on behalf of said Commission.
Notary Public
My commission expires: _____ _
2183109.11
APPROVAL OF BOARD OF SELECTMEN
We, the undersigned, being a majority of the Board of Selectmen of the Town of
Lexington, hereby certify that at a public meeting duly held on _, 2015, the
Board of Selectmen voted to approve the foregoing Conservation Restriction from Shire Human
Genetic Therapies, Inc. to the Lexington Conservation Commission pursuant to Section 8C of
Chapter 40 and Section 32 of Chapter 184 of the General Laws of Massachusetts.
TOWN OF LEXINGTON BOARD OF
SELECTMEN
Joseph N. Pato, Chairman
Peter C.J. Kelley ·
NormanP. Cohen
Michelle L: Ckcolo
Suzanne E. Barry
COMMONWEALTH OF MASSACHUSETTS
---------' ss.
On this date, , 2015, before m_e, the undersigned notary public, personally
appeared , Members of the Board of Selectmen, proved to me
through satisfactory evidence of identification, which was , to be the persons whose
names are signed on the preceding or attached document, and acknowledged to me that he/she
signed it voluntarily for its stated purpose on behalf of said Board.
Notary Public
My commission expires:
-14-
2183109.11
APPROVAL BY SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS
COMMONWEALTH OF MASSACHUSETTS
The undersigned, Secretary of Executive Office of Energy and Environmental Affairs of
the Commonwealth of Massachusetts, hereby certifies that the foregoing Conservation
Restriction from Shire Human Genetic Therapies, Inc. to the Town of Lexington has been
approved in the public interest pursuant to Massachusetts General Laws, Chapter 184, Section
32.
Dated: _______ , 201_
Secretary of Energy and Environmental Affairs
COMMONWEALTH OF MASSACHUSETTS
_____ ,ss.
On this date, , 20 1_, before me; the undersigned notary public, personally appeared
_________ , the Secretary of Energy and Environmental Affairs of the Commonwealth of
Massachusetts, proved to me through satisfactory evidence of identification, which was
------·' to be the person whose name is signed on the preceding or attached document, and
acknowledged to me that he/she signed it voluntarily for its stated purpose on behalf of said agency.
Notary Public
My commission expires: _____ _
-15-
2183109.11
Exhibit A
Grantor's Land
For Grantor Shire Inc.'s title, see Middlesex County South District Registry of Deeds Book
54920, Page 208; and Middlesex County South District Registry of Deeds Book 51406, Page
560; Land Court Division of said Registry Certificate of Title No. 233892 and Notice of
Voluntary Withdrawal from Registered filed with said Land Court Division as Document No.
1460201, and recorded with said Registry at Book 50427, Page 1 (the "Grantor's Land"), land
now shown, bound and described as Lots 1, 1A, 2, 3, 4 and 5 on that certain plan recorded with
the Middlesex County South District Registry of Deeds as Plan 194 of 2008 comprising two (2)
sheets (the "Shire Land Plan"), Conservation Restriction Area "A" Conservation Restriction
· Area "B," and Conservation Area '"C" being portions of the Grantor's Land described and shown
as follows:
Conservation Restriction Area "A" -A 34.145 acre portion of Lot 5 on the Shire Land Plan,
and which portion is shown on the plan entitled "Conservation Restriction, Trail Easement,
Drainage Easement and Sidewalk Easement Plan, Lexington Technology Park, Shire Way,
Lexington, Massachusetts", dated February 26, 2015, prepared by BSC Group, recorded
prior hereto (the "CR Plan"), and a reduced copy of which is attached as Exhibit B hereto.
Conservation Restriction Area "B" -The entirety of Lot 1A on the Shire Land Plan, which
is shown as Conservation Restriction Area "B" on the CR Plan.
Conservation Restriction Area "C" - A 1.446 acre portion of Lot 4 on the Shire Land Plan,
which portion is shown as Conservation Restriction Area "C" on the CR Plan.
Grantor's Land subject to all instruments duly recorded.
-16-
2183109.11
Exhibit B
Sketch Plan
[page blank-see following]
-17-
2183109.11
~ -.....;;..
i
t!
111 .:roNc~aiJNI>
W/0101.1. HCU: rO\lN~
IIICONCRC~t:B~ W/11 ......... CU:fOIJND
• 11.1$$. ~IO< .... Y lJOVNJ) r'WNO
• I~DN "!'!: fOUND
• -.!. HOlt: fOUND
~ .,......~OIT
~~~TIONlRAil.
D"""' UN(
I'OR RCC!S1'RY US!' ONtY
CONSERVATION
RESTRICTION,
TRAIL EASEMENT.
DRAINAGE EASEMENT
AND SIDEWALK
EASEMENT PlAN
t.EXtNCTON
7ECHNOLOGY PARK
SHIRE WAY
l!r
LEXINGTON
MASSACHUSETTS
(MIODWI:X COU!\'TY)
l'Ellltl!AAY2£, 2015
,.,.,_, .....
SHIRC HU\.CAII CDittlC
'T!fElW'ItS. INC.
~ SHIR!;WAY
I.CaNCI'ON. MA 02~1
·•• BSC GRoUP
~173%4;!00
1021,,. .............
$00.1:1 ,.._ 0<1'
R.~ .... ,.,::-
.JrkOJ.YCR.11C.~p:;oN
'lctD:l.-
Cltl.C./UO<olltl<. lWCWPSI>H -1(,-..atf
r--..(
~
~
~
-+-......
~
...s::
~
ill
~~~=I'QJN1l
IJ~8(11JWG
WJC!'U. ~CLC I'W>IO
a W4SS. t(ICHW-'T
OOOND FOUtd)
• rttftPIPI!~D
• DRILl HOIJ! F'OOND
=•cwALL
Pfi:OI"CRTT ~t
-----~TON~
mTI1 ~A'PCN lllW """"'IC!IONAAIW< == lRM.CASD<D<f
...~ ..... ;:~. cotol:o;;t:'RVA.'nQN "nWW..
OR-"11 UNC
~~>«!
CJ!C'IIIIC CCNOUIT -/C-PO~ "< C.O.Ot<. ~NOUir
-o-Co\SlJNC
0 =tloCft IIN4HCU; ti'J ~IC ... ANHCI.E
Dll "~DJIOLC
-~"Si2~1""
lit ~Flr:De.AY
toctJy mtfBrf7iRCNCt:'
.a.c ......... liM ~s!~-
~
...... Lm1k CD'r1) MW~UI'f'111+o-t/f14' awo-...u:rrwt.mJ:~
~M..1D1'1CU1'.3)
IMI"M.t.cn"1ea.CI.M'4) .,.,..W<4oolll)m.AJ
'f. 'Mitllf,.lr.Ntlltottlilei.A.TCIP'O."'''<:IMWIG~~.,.a'IC:
~.~~~1,_NO~~t.NIO~
""~~!Uid'~'*"~f'tiiO'IIOmlrf' ~IIC.'INSf'Vollo:»>'QQww.~'b«'ftJMatloi..Nt4~
~~'he~,~~ .. Jioll:~,..v
.J.'INI:IIf.AIC~~19~n.\"s.:,.,..~'n:J -3.~'f'O"!'r<~,_IJIOIII(b"&:emcr;..-ot.A"'"JUT~"-
-~1"DIO,..W:Ciiml%'tCJIIIf'tll~~ ~T,
'MwtQl[..W.U.'IIDit+c!.b*~!l(-WC:~OI"~T' ~·,..~~ ... -=--a.~~ .......
"---..:cJ~tD.....,.,._~J\.I:IICG~Gidi~T tiD"icn:r:tOit,_.,.rt.DObMIUIIMICC'fU;~--~,.olfCLI'a.JSIOI'M IJOOeC!,u.tT~~-~--~JOI!t11:4~QML.'f"
PII""'C'ri:O_,.,..rux:oi!IIISifiN!IIIX""!t:..,,..ICII:III..,~,..
»OUQ:J•"'TI:7. ~-'11!.~.-..mO.
a.::r~':e'&~~~~"'"~lm)~
&. ~d-~10[:~fttaW"fM:~'IDI~t~~croo.:n...m.,.llolrWOca.~~rt•~~¥On.C4CfrroO.
e~ 1Wt~6~~.oocM":t.'Met/I.T
.... !;IOI..tliQ;.o.J'I'KJICQ:sncW'OI'~
Y.~NfD~~-ot..,..;.
~.,J:'!IC~CII'Jft'~~'IC""""-'IIOH.IiiiND
1 • ._"-NtkW.-m.~JI4~WlM-'PolfiU.BNG ~~'QIII:~f:#~Qr~~ .. ~
Qrlni.O~""Jd:.,_,4QtQN.~~'E. lt<~~lllt~rot~T Ulc.\'NIIO~~Nt'f~V.~-nf ~Nt!O'!'<~ltCTJIU'tr~.ltNO
~~~:;:~~~~
'Jrlo\1\11£04Nmllta..~..-.Jit"~n.).1.PI' ~1tr:II-~OfWi(trXJQ)M~JHt~
=~~:m~~~~~ ~""'''Ir"'''tt<'JITMtrT~-
·~ ,::=~~~1 lrAAfl'la.L'Qt41fr
t40'1H1110t.sf'lll(t.1'
NOF(f'Ht!JW ClRCVMFEfiDmN.. HIGHWAY • Ralni;T:ZIJ ~1'>1""-~-"T .. :rr~
\\
r t
)!
~~~~ r~1
~ STRE£T ~--..cliiD>'H]
i
~
!'OR FIECISTRY USf" ONLY
CONSERVATION
R.ESTRICDON,
TRAIL EASEMENT.
DRAINAGE EASEMENT
AND SIDEWALK
EASEMENT PIAN
WONGTON
iEO:INOLOGY PARK
SHIRE WAY
IN
LEXINGTON
MASSACHUSEITS
(MIOOI.ESEXCOUNn')
~26.:201S
,...,...., ....
S111RO: HUIMN CCNtllC
'IH!JW>JES. INC.
300 SHIRt: WAY
UXINCICN. W. 02~1
liiBSCGRoUP
lSI!lldllsS!r<rt
8o<toll. Ml=1d>U><ttll
021l7
61711964:100
C)J~tlf,IIJC~-
~ ~--eti'. ---=o-= G .0 .. 1.0-
PI!CJ.IOCR.:K.'ntQ-
FlO.OIL.Yil'OOOY
~K.-D-K.'IHOwF>SON
ekr::ctt::t. E'ii'ILO ,LL:.,.
uwc.NOt~rrtt..Ot
JOB. NO: ""'>13.1B
Exhibit C
Legal Description of Premises
Conservation Restriction Area "A"
The property subject to this conservation restriction is shown as Conservation Restriction Area
"A" located on a portion of Lot 5, on a plan of land entitled "Conservation Restriction, Trail
Easement, Drainage Easement and Sidewalk Easement Plan, Lexington Technology Park, Shire
Way in Lexington Massachusetts (Middlesex County)," dated February 26, 2015 prepared by
BSC Group, Inc., (the "Plan"), a sketch plan version of which is attached hereto as Exhibit A,
containing approximately 34.144 acres, more or less, and being further described as follows:
Beginning at a point as shown on the Plan on the southwesterly line of Shade Street at the northwesterly
comer of land now or formerly of 11 0 Shade Street LLC, said point being the northeasterly comer of the
herein described parcel; thence
S33°26'58"W
thence
S19°53'18"E
. point; thence
S08°56'04"E
N27°16'30"W
N42°24'53 "W
thence
2183109.11
a distance of four hundred twenty-two and twenty-one hundredths (422.21) feet
to a point; thence
a distance of one hundred forty and eight hundredths (140.08) feet to a point;
a distance of three hundred ten and no hundredths (31 0.00) feet to a point, the
last three (3) courses being along said land now or formerly of 11 0 Shade Street
LLC; thence
a distance of two hundred eighty-four and seventy-eight hundredths (284.78) feet
to a point; thence
a distance of six hundred sixty-three and eighty hundredths (663.80) feet to a
a distance of three hundred seventy-four and eighteen hundredths (374.18) feet to
a point; thence
a distance of ninety-one and forty-five hundredths (91.45) feet to a point on the
easterly line of the Northern Circumferential Highway-Route 128, the last four
( 4) courses being over and across land now or formerly of Shire Human Genetic
Therapies, Inc.; thence
a distance of one hundred eighty-one and sixty-six hundredths (181.66) feet to a
point; thence
a distance of two hundred forty and three hundredths (240.03) feet to a point;
-18-
N51°28'33"W
thence
a distance of six hundred eighty-five and no hundredths (685.00) feet to a point;
N09°12'32"W a distance of six hundred ninety-three and eighteen hundredths (693.18) feet to a
point; thence
NORTHERLY along a curve to the right having a radius of four thousand eight hundred fifty and
no hundredths ( 4,850.00) feet an arc distance of six hundred four and eighty-
eight hundredths (604.88) feet to a stone bound with drill hole on the southerly
line of Weston Street, the last five ( 5) courses being by said easterly line of
Northern Circumferential Highway-Route 128; thence
N50°2l '39"E along the said southerly line of Weston Street a distance of sixty-two and
eighty-two hundredths (62.82) feet to a point; thence
EASTERLY by said southerly line of Weston Street a distance of three hundred eighty-eight
(325+/-) feet, more or less, to the intersection with said southwesterly line of
Shade Street; thence
SOUTHEASTERLY by said southwesterly line of Shade Street a distance of one thousand sixty-one
(1,061 +/-)feet, more or less, to the point of beginning.
-19-
2183109.11
Conservation Restriction Area "B"
The property subject to this conservation restriction is shown as Conservation Restriction Area
"B" consisting of all of Lot 1A, on a plan of land entitled "Conservation Restriction, Trail
Easement, Drainage Easement and Sidewalk Easement Plan, Lexington Technology Park, Shire
Way in Lexington Massachusetts (Middlesex County)," dated February 26, 2015 prepared by
BSC Group, Inc., (the "Plan"), a sketch plan version of which is attached hereto as Exhibit A,
containing approximately 0.916 acres, more or less, and being further described as follows:
Beginning at a point on the northwesterly line of Spring Street at the northeasterly comer of Lot 4 shown
on the Plan, said point being the southeasterly comer of the herein described parcel; thence
N50°26'53"W a distance of one hundred thirty-nine and ninety-four hundredths (139.94) feet to
a point at land now or formerly of Seaver Properties LLC; thence
N07°13'20"E along said land now or formerly of Seaver Properties LLC a distance of two
hundred eighty-five and eighty-four hundredths (285.84) feet to a point on the
southerly line of Shade Street; thence
S38°47'54"E by said southerly line of Shade Street a distance of one hundred twenty-four and
eleven hundredths (124.11) feet to a point; thence
S37°28'04"E by said southerly line of Shade Street a distance of ninety-three and seventy
hundredths (93.70) feet to a point; thence
SOUTHERLY by the intersection of said southerly line of Shade Street with said northwesterly
line of Spring Street along a curve to the right having a radius of seventy-three
and twenty-two hundredths (73 .22) feet an arc distance of eighty-three and
seventy-five hundredths (83.75) feet to a point; thence.
S28°03'56"W by said northwesterly line ·of Spring Street a distance of sixty-two and thirty
hundredths (62.30) feet to a point; thence
SOUTHWESTERLY by said northwesterly line of Spring Street along a curve to the right having a
radius of eight hundred eighty-nine and seventy-four hundredths (889.74) feet an
arc distance of seventy-eight and fifty-nine (78.59) feet to the point of beginning.
-20-
2183109.11
Conservation Restriction Area "C"
The property subject to this conservation restriction is shown as Conservation Restriction Area
· "C"· located on a portion of Lot 4, on a plan of land entitled "Conservation Restriction, Trail
Easement, Drainage Easement, and Sidewalk Easement Plan, Lexington Technology Park, Shire
Way in Lexington Massachusetts (Middlesex County)," dated February 26, 2015 prepared by
BSC Group, Inc., (the "Plan"), a sketch plan version of which is attached hereto as Exhibit A,
containing approximately 1.446 acres, more or less, and being further described as follows:
Beginning at a point at the northwesterly corner of Lot 4 shown on the Plan, said point being the
northwesterly corner of the herein described parcel; thence
N51 °20'10"E
S51 °20'10"W
S50°58'10"W
2183109.11
along land now or formerly of Thomas Chelliah and Shanth Thomasi and others
a distance of four hundred ninety-nine and eighty-seven hundredths ( 499 .87) feet
to a point at land now or formerly of Patrick T. Morin and Susan C. Morin;
thence
a distance of eighty-qne and forty-six hundredths (81.46) feet to a drill hole in
stone wall; thence
a distance of ninety-seven and forty-four hundredths (97 .44) feet to a drill hole in
stone wall; thence
a distance of twenty-seven and thirty-seven hundredths (27.37) feet to a point at
land now or formerly of David Manuel and Anne Manuel, the last three (3)
courses being along said land now or formerly of Patrick T. Morin and Susan C.
Morin; thence
along said land now or formerly of David Manuel and Anne Manuel a distance of
thirty and ninety-three hundredths (30.93) feet to a point; thence
a distance of thirty-four and seventy-eight hundredths (34.78) feet to a point;
thence
a distance of ninety-seven and sixty-three hundredths (97.63) feet to a point;
thence
a distance of one hundred eighty-seven and sixty hundredths (187.60) feet to a
point; thence
a distance of five hundred one and eighty-seven hundredths (501.87) feet to a
point; thence
a distance of thirty-six and no hundredths (36.00) feet to a point at said land now
or formerly of Thomas Chelliah and Shanth Thomasi, the last five (5) courses
being over and across land now or formerly of Shire Human Genetic Therapies,
Inc.; thence continuing
-21 -
2183109.11
along said land now or formerly of Thomas · Chelliah and Shanth Thomasi a
distance of seventy-four and no hundredths (74.00) feet to the point of beginning.
-22-
DRAINAGE EASEMENT
SHIRE HUMAN GENETIC THERAPIES, INC., a Delaware corporation with an address of 300
Shire Way, Lexington, Massachusetts 02421, and its successors and assigns ("Grantor"), for
copsideration paid, and in consideration of less than $100.00, hereby grants to the TOWN OF
LEXINGTON, MASSACHUSETTS, a munici]2al corporation with an address of Town Office
Building, 1625 Massachusetts Avenue, Lexington, Massachusetts 02420 ("Grantee"), with
Quitclaim Covenants, the perpetual, non-exclusive right and easement in gross over, under and
upon:
The certain strip of land in Lexington, Middlesex County, Massachusetts, shown
as "Drainage, Utility, Flowage & Maintenance Easement 25/15H Area=19,963 SF (0.46
acres) (Easement "B")" on a plan entitled "Conservation Restriction, Trail Easement,
Drainage Easement and Sidewalk Easement Plan" prepared by BSC Group., which plan
is recorded with the Middlesex South District Registry of Deeds ("Deeds") as Plan
No. __ of 2015 (the "Easement Premises"), and further described on Exhibit A
attached hereto and made a part hereof.
The Easement Premises are located on Lot 1A on a plan entitled "Approval Not Required Plan-
Spring Street in Lexington, Massachusetts," dated March 5, 2008, prepared by BSC Group, and
recorded in the Middlesex County South Registry of Deeds as Plan 194 of2008 (the "Property"),
which is a portion of property of Grantor commonly known as Lexington Technology Park,
Lexington, Massachusetts.
Included in this grant is the perpetual right and easement in gross over, under and upon
the Easement Premises for the location, placement, installation, operation, maintenance, repair,
removal and replacement of drainage facilities and appurtenances substantially as shown on
1
8146227.4
Exhibit B attached hereto and made a part hereof, including but not limited to underground and
above-ground pipes, conduits and manholes, for the purpose of surface and subsurface drainage,
together with the permanent right of entry upon and passage over the Property and said Easement
Area with any and all material and equipment necessary from time to time for all purposes stated
herein and uses incidental thereto.
In exercising its rights hereunder, Grantee shall use reasonable efforts to minimize any
interference with Grantor's use of the Property. Grantee hereby agrees to properly maintain and
keep in good order any drainage facilities installed in the Easement Area. Whenever any surface
is disturbed by the Grantee by authority of this instrument, the surface shall be restored to
substantially its condition prior to such disturbance to the extent practicable and to the extent that
the surface is not impacted by a drainage facility permitted hereunder.
Grantor agrees not to grant any other easements, leases, deeds, licenses or any other
rights to the Easement Premises· that will interfere with Grantee's perpetual easement without the
prior written consent of Grantee. Any easement, lease, deed, license, or any other rights granted
in violation of this provision shall be null and void.
All rights and privileges granted herein, including all benefits and burdens, shall run with
the Property and shall be binding upon and inure to the benefit of the parties hereto, their
respective heirs, successors, assigns, and legal representatives.
Grantor warrants and represents that, to the actual knowledge of the signatory hereto,
there are no mortgages or encumbrances of record or otherwise on the Property that will
negatively impact this Easement and the rights and easements established hereby.
For Grantors' title to the Property, see documents recorded with said Deeds in Book
54920, Page 208 and Book 51406, Page 560. See Notice of Voluntary Withdrawal from
Registration filed with the Middlesex South Registry District of the Land Court as Document
No. 233892 and with said Deeds in Book 50427, Page 1.
[Signatures to follow on next page.}
2
8146227.4
Witness our hands and seals this day of '2015.
SHIRE HUMAN GENETIC THERAPIES, INC.
By: _______________ _
Name: ----------------------------
Its: ------------------
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. --------' 2015
Then personally appeared before me, the undersigned notary public,
____________________________ of Shire Human Genetic Therapies, Inc., proved
to me through satisfactory evidence of identification, which was , to be
the person whose name -is signed on the preceding or attached document, and acknowledged to
me that he/she signed it voluntarily for its stated purpose, as as aforesaid.
Notary Public
My Commission Expires:
3
8146227.4
ACCEPTANCE
We, being a majority of the undersigned members of the Board of Selectmen of the Town of
Lexington, Massachusetts, hereby approve and do hereby accept this Easement.
Middlesex, ss
TOWN OF LEXINGTON
BOARD OF SELECTMEN
Joseph N. Pato, Chairman
Peter C. J. Kelley
NormanP. Cohen
Suzanne E. Barry
Michelle Ciccolo
COMMONWEALTH OF MASSACHUSETTS
On this_ day of _____ , 2015, before me, the undersigned notary public,
personally appeared ______________________ _
________ ,Members of the Selectmen for the Town of Lexington, proved to me
through satisfactory evidence of identification, which was , to be the
persons whose names are signed on the preceding or attached document and acknowledged to me
that they signed it voluntarily for its stated purpose as the foregoing named members of the
Board of Selectmen ofthe Town ofLexington, a municipal corporation.
Notary Public
My commission expires
4
8146227.4
EXHIBIT A
Legal Description
An easement over a parcel of land situated in the Town of Lexington, Middlesex County,
Commonwealth of Massachusetts, shown as Lot 1A on a plan entitled "Approval Not
Required Plan-Spring Street in Lexington, Massachusetts," dated March 5, 2008, prepared
by BSC Group, and recorded in the Middlesex County South Registry of Deeds as Plan 194 of
2008, and being more particularly described as follows:
BEGINNING at a point on the northerly sideline of Spring Street as defined by
the 1941 County Layout;
THENCE N18°04'12"W, Three hundred seventeen and seventy-two hundredths (317.72)
feet to a point on the lot line between Lot 1A and land nlf of Seaver Properties
LLC (Map 25, Parcels 114A and 114B);
THENCE N7°13'20"E, Thirty-five and eleven hundredths (35.11) feet to a point on
the westerly sideline of Shade Street, said point being a lot comer between Lot
1 A and said Seaver Properties LLC land; r
THENCE S 38°47'54"E, One hundred twenty-four and eleven hundredths (124.11) feet to a
point on the westerly sideline of Shade Street;
THENCE S 37°28'04"E, Ninety-three and seventy hundredths (93.70) feet to a point of
tangency at the intersection of the westerly sideline of Shade Street and the
northerly sideline of Spring Street as defined by the 1941 County Layout;
THENCE Running along a curve having a radius of seventy-three and twenty-two
hundredths (73.22) feet in a clockwise direction, a distance of eighty-three and
seventy-five hundredths (83. 7 5) feet to a point of tangency on the northerly
sideline of Spring Street as defined by the 1941 County Layout;
THENCE S 28°03 '56"W, Sixty-two and thirty hundredths (62.30) feet to a point of
tangency on the northerly sideline of Spring Street as defined by the 1941
County Layout;
THENCE Running along a curve having a radius of eight hundred eighty-nine and
seventy-four hundredths (889.74) feet in a clockwise direction, a distance of
thirty-six and forty-eight hundredths (36.48) feet to the point of beginning.
Said easement is shown as Drainage Utility, Flowage & Maintenance Easement 25/15H on a
plan entitled "Conservation Restriction, Trail Easement, Drainage Easement and Sidewalk
Easement Plan, Lexington Technology Park, Shire Way in Lexington, Massachusetts"; Scale
1"=80', dated February 26, 2015; prepared by BSC Group, Inc., Boston, MA., recorded in the
Middlesex County South Registry of Deeds as Plan __ of 2015 (the Easement Plan"), and
contains nineteen thousand nine hundred sixty-five (19,965) square feet of land, more or less.
This instrument does not create any new boundaries.
5
8146227.4
8146227.4
EXHIBITB
Drainage Facilities
[See Attached]
6
NOTE:
DRAINAGE IMPROVEMENTS SHOWN ON THIS
PLAN WERE PROVIDED BY THE TOWN OF
LEXINGTON ENGINEERING DEPARTMENT ON
JANUARY 23,2012.
Exhibit 8 DATE:
ISSUE:
SCALE:
REF:
Drainage Improvements at Spring
Street and Shade Streets DRBY:
CKBY:
.. ,-
01/06/15 Shire
1"=601
125 Spring Street
Lexington, MA
SEB
JCH JOB NO.: 10016.11
Alli.NDOO ;z,• GAS lol-'111 AS ~~111£0 ro IHST~ ,AOP05m C1!
NOll:: ;;• !",AS11C GAS MAIN IS AC11'.£. 2' STW. a~S M.bJN
HAS SEEM AB,'!;O~ IN PLACE. LOCA11W 01' MA-"'S AS
SKOI'IN IS ~OXIl.UifE eli~ Y •
\SMMA
SYMMES MAINI & McKEE ASSOCIATES
1 000 Massachusetts Avenue
Cambridge, Massachusetts 02138
P:617.547.5400 F:617.648.4920
SIDEWALK EASEMENT .
SHIRE HUMAN GENETIC THERAPIES, INC., a Delaware corporation with an address of 300
Shire Way, Lexington, Massachusetts 02421, and its successors and assigns ("Grantor"), for
consideration paid, and in consideration of less than $100.00, hereby grants to the TOWN OF
LEXINGTON, MASSACHUSETTS, a municipal corporation with an address of Town Office
Building, 1625 Massachusetts Avenue, Lexington, Massachusetts 02420 ("Grantee"), with
Quitclaim Covenants, the perpetual, non-exclusive right and easement in gross over, under and
upon:
Those certain strips of land in Lexington, Middlesex County, Massachusetts, shown as (i)
"Sidewalk Access & Maintenance Easement 25/15H Area = 847 SF (0.02 acres) (Easement
"A")", (ii) Sidewalk Access & Maintenance Easement 18/15E Area= 11,026 SF (0.25 acres)
(Easement "A")", and (iii) Sidewalk Access & Maintenance Easement 18/15G Area = 543 SF
(0.01 acres) (Easement "A")", on a plan entitled "Conservation Restriction, Trail Easement,
Drainage Easement and Sidewalk Easement Plan" prepared by BSC Group, which plan is
recorded herewith with the Middlesex South District Registry of Deeds ("Deeds") as Plan No
_ of 2015 (collectively, the "Easement Premises"), and further described on Exhibit A
attached hereto and made a part hereof. The Easement Premises are located on property of
Grantor commonly known as Lexington Technology Park, Lexington, Massachusetts (the
"Property").
Included in this grant is the perpetual, non-exclusive right and easement in gross for
Grantee to use the Easement Premises in common with Grantor and ·others from time to time
entitled to use same for all purposes for which sidewalks are now or hereafter may be used in the
Town of Lexington, Massachusetts, including without limitation inspecting, constructing,
repairing, removing, replacing, clearing, operating, maintaining and using a public sidewalk,
together with the perpetual right and easement to enter upon said Easement Premises with any
and all material and equipment necessary from time to time for all purposes stated herein and
uses incidental thereto. Grantee shall have the right hereunder to permit members of the public
to use the Easement Premises.
Grantor agrees not to grant any other easements, leases, deeds, licenses or any other ·
rights to the Easement Premises that will interfere with Grantee's perpetual easement without the
prior written consent of Grantee. Any easement, lease, deed, license, or any other rights granted
in violation of this provision shall be null and void.
All rights and privileges granted herein, including all.benefits and burdens, shall run with
the Property and shall be binding upon and inure to the benefit of the parties hereto and their
respective, successors, assigns, and legal representatives.
Grantor warrants and represents that, to the actual knowledge of the signatory hereto,
there are no mortgages or encumbrances of record or otherwise on the Property that will
negatively impact the right of Grantor to grant this Easement, the Easement itself and the rights
and easements established hereby.
For Grantor's title to the Property, see documents recorded with said Deeds in Book
54920, Page 208 and Book 51406, Page 560. See Notice of Voluntary Withdrawal from
Registration filed with the Middlesex South Registry District of the Land Court as Document
No. 233892 and with said Deeds in Book 50427, Page 1.
[Signatures to follow on next page.]
2
8146219.4
Witness our hands and seals this day of '2015.
SHIRE HUMAN GENETIC THERAPIES, INC.
By: _______________ _
Name: ---------------Its: --------------------
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. ------' 2015
Then personally appeared before me, the' undersigned notary public,
______________________ of Shire Human Genetic Therapies, Inc., proved
to me through satisfactory evidence of identification, which was , to be
the person whose name is signed on the preceding or attached document, and acknowledged to
me that he/she signed it voluntarily for its stated purpose, as as aforesaid.
Notary Public
My Commission Expires:
3
8146219.4
ACCEPTANCE
We, being a majority of the undersigned members of the Board of Selectmen of the Town of
Lexington, Massachusetts, hereby approve and do hereby accept this Easement.
Middlesex, ss
TOWN OF LEXINGTON
BOARD OF SELECTMEN
Joseph N. Pato, Chairman
Peter C. J. Kelley
NormanP. Cohen
Suzanne E. Barry
Michelle Ciccolo
COMMONWEALTH OF MASSACHUSETTS
On this_ day of _____ , 2015, before me, the undersigned notary public,·
personally appeared ______________________ _
________ ,Members of the Selectmen for the Town of Lexington, proved to me
through satisfactory evidence of identification, which was , to be the
persons whose names are signed on the preceding or attached document and aclmowledged to me
that they signed it voluntarily for its stated purpose as the foregoing named members of the
Board of Selectmen of the Town of Lexington, a municipal corporation.
Notary Public
My commission expires
4
8146219.4
EXHIBIT A
Legal Description
Easement "A"
An easement over land situated in the Town of Lexington, Middlesex County,
Commonwealth of Massachusetts, located on portions of Lot 1, Lot 4 and Lot 1A as
shown on a plan entitled "Approval Not Required Plan -Spring Street in Lexington,
Massachusetts," dated March 5, 2008, prepared by BSC Group, and recorded in the
Middlesex County South Registry of Deeds as Plan 194 of 2008, and being more
particularly described as follows:
Easement over Lot 1
BEGINNING at a point on the northerly sideline of Spring Street as defined by
the 1941 County Layout and the 1964 Town Layout;
THENCE N 38°53'26"W, Seven and zero hundredths (7.00) feet to a point;
THENCE N 51 °06'1 O"E, One hundred eighty-nine and seven hundredths (189.07)
feet to a point;
THENCE Running along a curve having· a radius of eight hundred sixty-two and
seventy-four hundredths (862.74) feet in a counter-clockwise direction, a
distance of two hundred fifty-three and sixty hundredths (253.60) feet to
a point on the lot line between Parcel 18/15E and Parcel 18/15G;
THENCE S 50°26'53"E, Twenty-seven and eleven hundredths (27.11) feet to a
point on the northerly sideline of Spring Street (1941 County Layout);
THENCE Running along a curve having a radius of eight hundred eighty-nine
and seventy-four hundredths (889.74) feet in a clockwise direction, a
distance of two hundred fifty-nine and four hundredths (259.04) feet to a
point on the northerly sideline of Spring Street (1941 County Layout);
THENCE s·s1 °06'1 O"W, One hundred thirty-nine and seven. hundredths (139.07)
feet to a point on the northerly sideline of Spring Street (1964 Town
Layout);
THENCE N 38°53'26"W, Nineteen and ninety-nine hundredths (19.99) feet to a
point on the northerly sideline of Spring Street (1964 Town Layout);
THENCE S 51°06'34"W, Fifty and zero hundredths (50.00) feet to the point of
beginning.
Said easement is shown as Sidewalk Access and Maintenance
Easement 18/15E on a plan entitled "Conservation Restriction, Trail Easement,
Drainage Easement and Sidewalk Easement Plan, Lexington Technology Park, Shire
5
8146219.4
Way in Lexington, Massachusetts"; Scale 1"=80', dated February 26, 2015; prepared
by BSC Group, Inc., Boston, MA., recorded in the Middlesex County South Registry of
Deeds as Plan of 2015 (the "Easement Plan"), and contains eleven thousand,
twenty-six (11 ,026) square feet of. land, more or less.
Easement over Lot 4
BEGINNING at a point on the northerly sideline of Spring Street as
defined by the 1941 County Layout, said point being a lot corner between
Parcel 18/15E and Parcel 18/15G;
THENCE N50°26'53'W, twenty-seven and eleven hundredths (27.11) feet to a
point on the lot line between Parcel 18/15G and Parcel 18/15E;
THENCE Running along a non-tangent curve having a radius of eight
hundred sixty-two and seventy-four hundredths (862.74) feet in a
counter-clockwise direction, a distance of twenty and eleven hundredths
(20.11) feet to a point on the lot line between Parcel
18/15G and Parcel 25/15H;
THENCE S50°26'53"E, Twenty-seven and eighteen hundredths (27.18) feet to a.
point on the northerly sideline of Spring Street as defined by the 1941
County Layout, said point being a lot corner between Parcel 18/15G and
Parcel 25/15H;
THENCE Running along a non-tangent curve having radius of eight hundred
eighty-nine and seventy-four hundredths (889.74) feet in a clockwise
direction, a distance of twenty and ten hundredths (20.1 0) feet to the
point of beginning.
Said easement is shown as Sidewalk Access and Maintenance Easement A
18/15G on the Easement Plan and contains five hundred forty-three (543) square feet
of land, more or less.
Easement over Lot lA
BEGINNING at a point on the northerly sideline of Spring Street as
defined by the 1941 County Layout, said point being a lot corner between
Parcel 25/15H and Parcel 18/15G;
THENCE N 50°26'53"W, Twenty-seven and eighteen hundredths (27.18) feet to
a point on the lot line between Parcel 25/15H and Parcel 18/15G;
THENCE
8146219.4
Running along a non-tangent curve having radius of eight hundred
sixty-two and seventy-four hundredths (862.74) feet in a counter-
6
clockwise direction, a distance of ten and fifty-one hundredths (1 0.51)
. feet to a point;
THENCE S 57°46'24"E, Twenty-two and zero hundredths (22.00) feet to a
point;
THENCE Running along a non-tangent curve having a radius of eight hundred
eighty-four and seventy-four hundredths (884.74) feet in a counter-
clockwise direction, a distance of sixty-four and twenty-five hundredths
(64.25) feet to a point of tangency;
THENCE N28°03'56"E, Thirty-eight and eighty-seven hundredths (38.87) feet to a
point;
THENCE S 61 °23'46"E, Five and zero hundredths (5.00) feet to a point on the
northerly sideline of Spring Street as defined by the 1941 County Layout;
THENCE S 28°03'56"W, ·Thirty-eight and eighty-two hundredths (38.82} feet to a
point on the northerly sideline of Spring Street as defined by the 1941
County Layout;
THENCE Running along a curve having a radius of eight hundred eighty-nine and
seventy-four hundredths (889.74) feet in a clockwise direction, a
distance of seventy-eight and fifty-nine hundredths (78.59) feet to the
point of beginning.
Said easement ·is shown as Sidewalk Access and Maintenance Easement
25/15H on the Easement Plan and contains eight hundred, forty-seven (847) square
feet of land, more or less.
This instrument does not create any new boundaries.
7
8146219.4
RECORD AND RETURN TO:
r-..J Recording Information Area r-..J
TRAIL EASEMENT
This Easement is executed this day of , 2015 by and
between Shire Human Genetic Therapies, Inc. ("Shire Inc."); a Delaware corporation with an
address of300 Shire Way, Lexington, Massachusetts 02421, and its successors and assigns
("Grantor''), and the Town of Lexington ("Grantee"), a municipal corporation with an address of
Town Office Building, 1625 Massachusetts Avenue, Lexington,. Massachusetts 02420, acting by
and through its Conservation Commission, by authority of Chapter 40 Section 8C, and its
permitted successors and assigns ("Grantee").
WHEREAS, Grantor is the owner of the Grantor's Land known and numbered as 125
Spring Street and 200, 300, 400 and 500 Shire Way, Lexington, Middlesex County,
Massachusetts as set forth in those certain record instruments to wit, Middlesex County South
District Registry of Deeds ("Registry") Book 54920, Page 208; and Registry Book 51406, Page
560; Land Court Division of said Registry Certificate of Title No. 233892 and Notice of
Voluntary Withdrawal from Registered filed with said Land Court Division as Document No.
1460201, and recorded with said Registry at Book 50427, Page 1 ("Grantor's Land").
WHEREAS, the Grantor and the Grantee are parties to that certain Conservation
Restriction affecting the Grantor's Land recorded at Registry Book · , Page __ _
("Conservation Restriction").
WHEREAS, solely to provide access to the extent specifically provided herein, the
Grantor has agreed to grant, and Grantee has agreed to accept, a trail easement over a portion of
the Grantor's Land expressly exempt from the terms· and conditions of the Conservation
Restriction, said trail easement as depicted as "Trail Easement" on the plan entitled
"Conservation Restriction, Trail Easement, Drainage Easement and Sidewalk Easement Plan,"
prepared by Symmes, Maini & McKee Associates, Inc., dated February 26, 2015 ("Plan")
recorded at Registry as Plan of 2015, a sketch plan version of which is affixed here as
-Exhibit A.
NOW, THEREFORE, in consideration of the foregoing, and for good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, on the terms and
conditions hereof, Grantor and Grantee agree as follows:
1. Grantor hereby grants to Grantee the perpetual right and easement (subject to the
termination provisions of Section 9 below) to use that portion of land owned by Grantor lying
within the area on the Plan labeled "Trail Easement" ("Easement Area"), for public pedestrian
passive recreation and access purposes (excluding motorized vehicles, except of those of
governmental public safety agencies, those related to lawfully required handicap accessibility
and those which are hereby expressly permitted under this Easement for the construction, repair,
maintenance, alteration, improvement, replacement, removal and restoration of the Easement
Area), including without limitation constructing, installing, altering, maintaining, improving,
replacing, removing and using the trail within the Easement Area (at Grantee's expense) for the
purposes stated herein. Other than such express and delineated access, the general public shall
have no right of access to the Grantor's Land or to the Easement Area under this Easement.
Notwithstanding the foregoing, the Grantor liereby reserves the right to restrict such public
access at any time for security or public health and safety emergencies, for the shortest time
practicable pending the resolution of such emergency. Grantee agrees and acknowledges that
Grantee, the public, and anyone claiming by, through or under Grantee, shall not have access to
or from the Easement Area, for any purpose, from Grantor's other land, including without
limitation, from Grantor's parking lots, except from trails within areas subject to the
Conservation Restriction (such trails are within areas shown on the Plan as "Conservation Trail")
that connect to the Easement Area.
2. It is the intention of the parties that access to the Easement Area shall be free of
charge and that to the fullest extent permitted by law, this Easement constitutes an "interest in
land" under Massachusetts General Laws c. 21, § 17C, and that the parties hereto shall be
afforded all of the rights; protections, privileges and benefits granted thereunder, and as such,
Grantor will not be liable for personal injuries or property damage sustained by members of the
public or any other person on the Grantor's Land and the Easement Area.
3. All right, title and interest in any portion of the Grantor's Land not specifically
granted to Grantee hereunder is excepted from such grant and expressly reserved and retained by
Grantor. These excepted, retained and reserved rights include, without limitation, provided that
public pedestrian access is not materially impeded: (i) all rights to maintain, use and operate the
Grantor's Land in any manner permitted by law, as the same may be amended from time to time
("Site Operations"); (ii) all rights permitted by law (as the same may be amended from time to
time) to develop, construct, maintain, use and operate additions to, exterior alterations of, or
replacements of existing buildings or other structures, and/or new buildings or other structures,
facilities, utility facilities, lots, roads, sidewalks, driveways, bike/pedestrian paths, wetland
replication areas, landscaping and grading, fences, walls, storm water facilities, snow storage or
other activities and improvements on, in, under, and in air rights over, the Grantor's Land ("Site
Development"); (iii) all access and construction rights necessary or convenient for the operation,
maintenance or development of the Grantor's Land by Grantor; (iv) all rights to develop, pave,
alter, relocate, cross and travel along the Easement Area; and (v) any right, title or interest in the
Easement Area that would, if held by the Grantee (or any party claiming by, through or under
Grantee), cause any aspect of the Easement Area to be subject to Article 97 of the Constitution of
the Commonwealth of Massachusetts ("Article 97").
4. Grantee shall maintain the Easement Area at its own expense if such area is used
or improved by Grantee as provided herein, in a neat and tidy condition, free of all debris.
2171276.7
5. Grantee shall be solely responsible for obtaining all applicable permits and
approvals, and if applicable, amendments to existing permits and approvals, and Grantor's
consent to all such permits and approvals (and amendments thereof), which shall not be
unreasonably withheld, conditioned or delayed, prior to the commencement of any activities
within the Easement Area requiring such permits and approvals or amendments thereof, and all
such activities shall comply with applicable laws, rules, regulations, permits and approvals and
amendments thereof.
6. Subject to the terms and conditions of this Easement, Grantee shall have the right
hereunder to permit members of the public to use the Easement Area for the purposes set forth
herein. Access to and from the Easement Area shall be solely from Spring Street, Shade Street
and Weston Street, at the points shown on the Plan, as such points may be relocated by the
Grantor as provided herein. Alcoholic beverages are prohibited within the Easement Area. The
Easement Area may not be used for public assemblies of any sort. Grantee shall provide
adequate signage throughout the Easement Area, to prevent violations of the terms hereof or
trespass from the Easement Area onto the land of the Grantor and for enforcement of the terms
of the Easement. Grantor reserves from the grant of the Easement the right to have its security
person enforce the terms of this Easement within the Easement Area (but Grantor shall be under
no obligation to do so, and this reservation in no way relieves Grantee of its obligation to enforce
the terms and conditions of this Easement).
7. Grantee shall maintain commercial general liability insurance insuring Grantee
against all demands for personal injury or damage to Grantor's Land which may be claimed to
have occurred upon the Easement Area or in connection with the exercise of the rights and
easements granted under this Easement ("Claims"). Said insurance shall (i) be written on an.
occurrence basis to afford protection (a) in the amount of one million dollars ($1,000,000) per
occurrence, three million dollars ($3,000,000) in the aggregate, combined single limit for
personal and bodily injury and death and for Grantor's Land damage, or (b) in the amounts
prescribed under any commercial general liability insurance policy, affording coverage
categories comparable to subsection (a), the Town may obtain from timeto time during the term
of this Easement, whichever amounts of (a) or (b) are higher; shall (ii) name Grantor and its
successors and assigns as an additional insured; shall (iii) contain a provision stating that such
coverage shall not be cancelled without at le~st thirty (30) days prior written notice to Grantor
(the "Policy Termination ·Notice"); shall {iv) provide that Claims arising from occurrences on the
Easement Area and/or Grantor's Land shall be covered; and shall (v) provide that this Easement
and the agreements made herein shall be an insured contract. Grantee shall provide to Grantor a
certificate of insurance evidencing such coverage and terms prior to the recordation of this
Easement and upon the issuance of any subsequent policy pursuant to this Section, and from time
to time thereafter (but no more than once in any calendar year) upon Grantor's written request.
8. Intentionally omitted.
9. This Easement, and any individual right or obligation granted hereunder,
acknowledged by the parties as a grant determinable as set forth in this Section 9, shall terminate
(unless by the express terms of this Easement said rights or obligations are to survive
termination) upon the sooner of:
2171276.7
(a) In the event (i) Grantor receives a Policy Termination Notice provided for
in Section 7 above and (ii) Grantee has not renewed such insurance policy or obtained a new
insurance policy on the same terms and conditions as set forth in Section 7 above, then Grantor
shall have the right to terminate this Easement by providing written notice to Grantee at the
expiration of such thirty (30) day period relative to the Policy Termination Notice. Any such
notice by Grantor shall be addressed to Grantee at Town Office Building, 1625 Massachusetts
A venue, Lexington, Massachusetts 02420, Attn: Town Manager, and sent by certified mail,
return receipt requested or by hand delivery. Upon receipt of such Grantor notice, Grantee shall
have five (5) business days to obtain the required insurance coverage, in which event Grantor's
termination notice shall be null and void. If Grantee fails to obtain such insurance coverage
within such 5-business day period and provide withi~ that time to Grantor a certificate of
insurance evidencing such coverage, Grantor shall have the right to record an instrument in the
Registry terminating this Easement, in which event this Easement shall no longer be of any force
and effect; or
(b) Without the need for any further action by Grantor, upon the termination
of the Conservation Restriction (although Grantor reserves the right to record an instrument in
the Registry memorializing the termination of this .Easement in accordance with this provision);
10. Upon the terniination of this Easement, Grantee, at its own expense, shall remove
any improvements it may have made to the Easement Area and shall repair, re-grade and restore
the Easement Area to substantially the same condition that existed prior to the date of this
Easement. If during the term of this Easement, Grantee, or any party acting through Grantee,
enters the Grantor's Land, other than the Easement Area, without Grantor's express, written
permission, Grantee, at its own expense, shall repair, re-grade and restore any affected area of
the Grantor's Land to substantially the same condition that existed prior to such entry. This
Section 1 0 shall not be construed as a, waiver of any rights and remedies Grantor may possesses
respecting such unauthorized entries.
11. Grantee shall not suffer, create or permit to exist any lawful lien or encumbrance
on or affecting the Grantor's Land arising under this Easement. If any such lien, including a
mechanic's lien, or other monetary encumbrance is recorded or filed against the Grantor's Land,
Grantee shall within thirty (30) days after actual notice thereof, cause such lien to be discharged
of record or shall promptly bond over such lien. If Grantee fails to timely discharge (or bond
over) any such lien, Grantor may do so at Grantee's expense.
12. Grantor shall have the right to relocate the Easement Ar~a at Grantor's sole cost
and expense, subject to the following terms and conditions:
(a) Grantor shall provide Grantee prior written notice of Grantor's intention to
relocate an Easement Area, the site of the new Easement Area, and the probable commencement
and completion dates of the relocation work.
(b) Grantor shall improve the new Easement Area in the same manner as the
Easement Area may have been improved by the Grantee as of the date the Grantor notifies the
Grantee pursuant to Section 12(a), all at Grantor's sole cost and expense.
2171276.7
(c) The new Easement Area shall provide substantially the same access to the
Grantee as the original Easement Area. Without limitation, changes in the length or grade of, or
view from, a trail shall not be a basis for finding that the access provided by a new Easement
Area is not substantially the same.
(d) Relocation shall be performed without material interruption or
diminishment of Grantee's easement rights hereunder; provided Grantee acknowledges that
Grantor may provide an interim easement routing during the relocation process, which interim
easement shall provide substantially the same access to the Grantee as the original Easement
Area.
(e) Upon completion of all relocation work, Grantor and Grantee shall
execute, acknowledge and record an amendment to this Easement to reflect the relocation of the.
Easement Area and the termination of this Easement to the original Easement Area.
(f) Grantee shall reasonably cooperate with Grantor respecting the relocation
and the relocation process as contemplated in light of Grantor's relocation rights hereunder.
13. Miscellaneous
(a) Notices. All notices, demands and requests which may be or are required
to be given, demanded or requested by either party to the other shall be in writing. All notices,
demands and requests by Grantee to Grantor shall be sent by United States registered or certified
mail, postage prepaid, or by commercial overnight delivery service or other personal service
(with evidence of receipt), addressed to Grantor as follows:
Shire Human Genetic Therapies, Inc.
300 Shire Way
Lexington, Massachusetts 024 21
Attn: General Counsel
or at such other place as Grantor may from time to time designate by written notice to Grantee.
All notices, demands and requests by Grantor to Grantee shall be sent by United States registered
or certified mail, postage prepaid, or by commercial overnight delivery service or other personal
service (with evidence of receipt), addressed to Grantee as follows:
2171276.7
Lexington Conservation Commission
1625 Massachusetts A venue
Lexington, Massachusetts 02420
Attn: Conservation Administrator
and
Lexington Board of Selectmen
c/o Town Manager
1625 Massachusetts A venue
Lexington, Massachusetts 02420
or at such other place as Grantee from time to time may designate by written notice to Grantor.
Notices, demands and requests which shall be served upon Grantor by Grantee, or upon Grantee
by Grantor, by mail in the manner aforesaid, shall be deemed to be sufficiently served or given
for all purposes hereunder on the second business day after mailing, notices served by overnight
delivery service shall be deemed served or given on the first (1st) business day after delivery to
~uch service, and notices delivered personally shall be deemed served or given when delivered.
(b) Section and other headings contained in this Easement are for reference
purposes only and are not intended to describe, interpret, define or limit the scope, extent or
intent of this Easement or any provision hereof.
(c) This Easement may be executed in any number of counterparts with the
same effect as if each party had signed the same document. All counterparts shall be construed
together and shall constitute one Easement. ·
(d) As used in this Easement, the singular shall include the plural and any
gender shall include all genders as the context requires and the following words and phrases shall
have the following meanings: (i) "including" shall mean "including without limitation"; and (ii)
"provisions" shall mean "provisions, terms, Easements, covenants and/or conditions".
(e) Time is of the essence with respect to the performance by Grantor and
Grantee of their respective obligations under this Easement.
(f) This Easement may be modified, amended, discharged or waived only by
an agreement in writing signed by the party against whom enforcement of any such modification,
amendment, discharge or waiver is sought.
(g) If any term, covenant, condition or provision of this Easement or the
application thereof to any person or circumstances shall be declared invalid or unenforceable by
the final ruling of a court of competent jurisdiction having final review, the remaining terms,
covenants and conditions and provisions of this Easement and their application to other persons
or circumstances shall not be affected thereby and shall continue to be enforced and recognized
as valid agreements of the parties, and in the place of ·such invalid or unenforceable provision,
there shall be substituted a like, but valid and enforceable provision which comports to the
findings of the aforesaid court and most nearly accomplishes the original intention of the parties.
The parties agree that any dispute hereunder shall be adjudicated in the Massachusetts Land
Court or the Middlesex Superior Court.
(h) This Easement shall be governed by and construed and enforced in
accordance with the internal laws of the Commonwealth of Massachusetts.
(i) Notwithstanding anything to the contrary contained herein, neither party
shall be entitled to any consequential, special or punitive damages in connection with this
Easement.
2171276.7
G) Upon request by the Grantor, the Grantee shall, within twenty (20) days,
execute and deliver to the Grantor any document, including without limitation estoppel
certificates, subordinations and consents.
[Remainder of page intentionally left blank-signatures following}
2171276.7
WITNESS our hands and seals this ____ day of ______ , 2015.
GRANTOR:
Shire Human Genetic Therapies, Inc.
By: _____________ _
Its ----------------------
COMMONWEALTH OF MASSACHUSETTS
---------' ss.
On this date, · , 2015, before me, the undersigned notary public, personally
appeared , the of Shire Human Genetic Therapies, Inc., proved to me
through satisfactory ·evidence of identification, which was , to be the person
whose name is signed on the preceding or attached document, and acknowledged to me that
he/she signed it voluntarily for its stated purpose on behalf of said corporation.
Notary Public
My commission expires:
2171276.7
ACCEPTANCE OF GRANT
The above Easement was accepted by the Lexington Conservation Commission
this day of , 2015.
By: _____________________ __
Its: __________ , duly authorized
COMMONWEALTH OF MASSACHUSETTS
------------·' ss.
On this date, , 2015, before me, the undersigned notary public, personally
appeared · , the of the Lexington Conservation Commission,
proved to me through satisfactory evidence of identification, which was , to be the
person whose name is signed· on the preceding or attached document, and acknowledged to me
that he/she signed it voluntarily for its stated purpose on behalf of said Commission.
Notary Public
My commission expires:
2171276.7
APPROVAL OF BOARD OF SELECTMEN
We, the undersigned, being a majority of the Board of Selectmen of the Town of
Lexington, hereby certify that at a meeting duly held on , 2015, the Select
Board voted to approve the foregoing Easement to the Lexington Conservation Commission.
Board of Selectmen
Joseph N. Pato, Chairman
Peter C.J. Kelley
Norman P. Cohen
Michelle L. Ciccolo
Suzanne E. Barry
COMMONWEALTH OF MASSACHUSETTS
---------' ss.
On this date, , 2015, before me, the undersigned notary public, personally
appeared , Members of the Board of Selectmen, proved to me
through satisfactory evidence of identification, which was , to be the persons whose
names are signed on the preceding or attached document, and acknowledged to me that he/she
signed it voluntarily for its statedpurpose.on behalf of said Board.
Notary Public
My commission expires:
2171276.7
2171276.7
EXHIBIT A
Plan
(page intentionally blank--see attached)
i
Iii
'""'
i
t;j
~'SIICI:r' :1 IICIII41001L.acm::lo
~"':,..;;..,.~w~~~MO
-.on-.P"'...ttlfft.--=ot~.-e~...-TIC"-....rJilliO ~lME~~CCEDioOI''k~·
C\lo!SRIOGE CONCORD HIGHWAY· ROU7l::2
_,t:JF~--.... ~
:~!"()--+-~!.:"~~
~"I'UI.ItJIO. .._ ""'IOUiotvrJ•C.~nn
F"OR llECISTRY USC ONLY'
CONSERVATION
RESTRICTION.
TRAIL EASEMENT.
DRAINAGE EASEMENT
AND SIDEWALK
EASEMENT PIAN
LEXJNGTON
TECHNOLOGY PARK
SHIRE WAY
IN
LEXINGTON
MASSACHUSETIS
(MIDPI.ES£JtCOUN'r'l)
fEJIWAitY~,201S
........,_
SH!At HU\ION CtNO'le
'lli!:RAPIES, 1~
JOO SHIRt: WAY
I.C(INC!'OH, Mil 0242.1
BSCGRoUP
6178964300
C)mt..:-..........
~ t••M
~~-D -ct «t lat..,
PllO.l ...... :IC.'I><OW""""
na.D:I..-
CAtJ:.,IOE:HOiaK. llCIIIPSQ~
C_,l<.l\1~
~
~
~
'-l:
~I:NTUNC
~A'rltw
IICS)RIC'llll'tN'JiA
nrM.CA:;OI(Nr
f;Orr..(!IVA11CN 'IRM.
"""'N ...,E
SCM::W: UNC
¢U;CTRH;CDNCUJT
~ ole C'-"40tA CONOtn'
CA:;IJ~C •
~""""'LC
OJX1IlJC1MNHQ.(
IMNI>MC)l.t
~=~1'1Pt
III'IRIF1Q CU.Y
l9eJ.t$'TritrR£FtfRft1CC
.ooc ...... ~:ml
-cats~ ....a: NO 5Si:z:=
~
-•~m-~ ---~-~ -~~·-~ =~~==~ ~~w~~~
t,."HH:fli"'L..UU!II114t':'RCU..'t.f:II'"OoJ'ft'lf!~~~.,.-.c; Cllrqi.Pt..0...~~.,....~~,..201'.~tr,JIIIIiiiiJ)IDf'ltD .,.~...,...,.._~c.t.ta~~.~.,.
~.IIIIC. 'II'QfVM~10'H"~IUIQ~
=.'nC.~fi'I.NtO~·" 'bt(.Q:llllll~ll'f~it~\~ .. ~01
t. ....,.....,.~~~lnm'I'J"rA'!t:'l"',.ttC~.'ru.
-~ ... ~'IOt)fr.\I'1IDia'1tllt"JWrrtt~~-tA'ftln'~n.(
'btt~YOID~~'Mid:T-rut'IIO'b!IJmii'XJ', ~'to. "'ttt'EttRt:~-artCIIC.OfiOit~• n<~<r~w ~'r!QIIIIf"'IO~III,.~Z.~r;JP~DrAL. .......
4 "fH[WLmrf'lllfOISOUC!l...,...,..,ftDCIOmt«(J-.I~'Y'
'DD1C:fi;OCIIII'WIIIII~~C:I:IU.tt"""~rr'f~IID.~CXIC»C.US1'~~-1~ _.ao'lllm•JCIIIt:WAS~ ~OII(fiiii,INJCoiNUW~tl:"'"t..,~~.,wo :fta'IKI04l1f.mtr;thti)A--=.~.._.,.,
.&.'IIC~r.~..,._~aonm.arm-t~r~~ ASf'Q~fiiM"ffiCt.C.W.~~N4NU'41-.IIIICt1Wt.
.. ~Ofbll(~~~-,.,..,.c;•):D'r., .. ,..~tkmel:f'Un~JIIC"LNIO~OC~,._JOpr.~IJIG. <l~•lWI:toiCI'!ICC:II~MMJCK~ .. II'.taC114'f 'HMr::et.oo.1rN'JNIIIICCIJnn"CP"MXDI.
f.~.,.AC~:Z~B~""~~~or....o-.
•CD!'nn"liO'Itc:ee:n'OIIN'~~.II~1ICJIICJIJID'
IIUJO''PU.'h
t.~'"I..ANMG.:OI .... .utm,_~~'noi:MJI.,IS.....,
~KN:IJ!i1Ut$0TGIX:IIf7.CC:O.~,
2. ,._~~'P<.~UCJ.'IkA.Tf/IC'WI...aOI'~O
~iie"'!HtUUS«sncr::t'!MO._YS...,../IIfl!ll'UR:Of NRUC~~1E'IIlJI!X'TIC.'*~I1f.Jitt.J.I1'rliT~JoMD 11Ut.TIMOJIItwfJICI--~flllniNI~I"'~rat-l'l --~,-. .... ; ... ,~
.;,. ~v ~ M~ c.-·~~/. s ~-I'CPtMICQIIQLI,..I'C.. -
~UN"itll.-.ut!~~NC~ 'lK~~-~~~y
UI(:AfMNIJ~1N.,~~..-trJ
~~k~ntbllt11Y~;,.qNIQo
~O:DM'II'tCJU'IIUTTI'TmliJQW;I:,. 00>-tw"':"~ -~~M"~DIOI'~ a'I'A'MJ:OUi'fOtft?.~..cr_Aft..........,....7m,. 11C1
~1'ttiS~(IIIIII~tlmASf01'Mt:~
~~~~~~~
~--IWQIJ1Q'I'IC&l'MTW~II'IttU¢liii;N.
~~=~~~~
I.MI'lL\Gt<Mf
f10~~
NOFm/SJW CJRCUMFERENfW. HIGHWAY • RO~ 12Q
~1><01'-~·n"Ail'-l')
\ '\
~,
~
I !U! I (~i
~
Sl
f'O~ RJ;CI~ US!!: ONLY
CONSERVATION
RESTRICTION,
TRAIL EASEMENT.
DRAINAGE EASEMENT
AND SIDEWALK
EASEMENT PLAN
l.EXINCI"ON
lECHI'iOLQGY PARK
SHIREWI\Y
1M
LEXlNGTON
MASSACHUSETTS
\M!DDLJ;SEJIQ>tlm't)
l'EIIli:UAAY:!G,2DtS
----SiiiRO: HUMAN GENt!IC
"IHEJW>lES, INC.
JOO SHllll:: WJ.,Y
l.tXINGION. w. Ql"-'.1
mBSCGRoUP
15 ~m<~ns Slm:t
~.tot~
0.:>27
61711%4JOO
o .... _._.._
~ 1"-<10'
~-=--~-4 ., liD , .. .,.
~. )Gt.~K.lWJWP'SIOPrll
nm.tllt.."""""
c.<U:,/CE:le>bl<.l><OWI'SON
D-ttc.lHOIIP'"..OI'I
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE:
3/23/2015
PRESENTER:
Joe Pato
ITEM NUMBER:
I. 3
AGENDA ITEM TITLE:
Article Presentations/Positions (30 min.)
SUMMARY:
Attached is an updated table that includes all the positions you have taken so far so you can continue
taking positions.
Some of the articles to be discussed are:
1. Appropriation Committee Recommendations on Reducing Allocation to OPEB Funding to $1.2M
2. Article 11 (k) Municipal Capital-Hastings Park Undergrounding Wires
3. Article 34 Set Personal Property Minimum Tax
4. Article 48 Amend Zoning By-Law-Commercial Zoning District Lines
5. Article 41 Amend General Bylaws-Contracts and Deeds
RECOMMENDATION / SUGGESTED MOTION:
FOLLOW-UP:
APPROXIMATE TIME ON AGENDA:
6:10 PM
ATTACHMENTS:
Description Type
List of Articles/Positions Backup Material
Appropriation Committee Article Positions Backup Material
CEC Position on Article 11(k) Backup Material
Article 34-Personal Property Tax Scenarios Backup Material
Planning Board-Article 48 Backup Material
Email - Article 41 - Needs Additional Review Backup Material
ARTICLE POSITIONS 2015 SPECIALS AND ANNUAL TOWN MEETING ARTICLE SPECIAL TOWN MEETING #1 PRESENTATION JP PK NC MC SB AC CEC SC Article 2 Appropriate for School Facilities Capital Projects Y Y Y Y Y ARTICLE SPECIAL TOWN MEETING #2 PRESENTATION JP PK NC MC SB AC CEC SC Article 2 Pump Station Repairs Y Y Y Y Y Article 3 Appropriate for Purchase of Fire Engine Y Y Y Y Y Article 4 Appropriate for Cary Memorial Building Sidewalk Enhancement Y Y Y Y Y Article 5 Amend FY2015 Operating, Enterprise and CPA Budgets Y Ab stain Y Y Y Article 6 Appropriate for Authorized Capital Improvements Y Y Y Y Y ARTICLE ANNUAL TOWN MEETING - FINANCIAL ARTICLES PRESENTATION JP PK NC MC SB AC CEC SC Article 4 Appropriate FY2016 Operating Budget W W W W W Article 5 Appropriate FY2016 Enterprise Funds Budgets Y Y Y Y Y Article 6 Appropriate for Senior Service Program Y Y Y Y Y Article 7 Establish and Continue Departmental Revolving Funds Y Y Y Y Y
ARTICLE FINANCIAL ARTICLES (continued) PRESENTATION JP PK NC MC SB AC CEC SC Article 8 Appropriate the FY2016 Community Preservation Committee Operating Budget and CPA Projects: a) Conservation Meadow Preservation Program b) Parker’s Revenge Site Restoration c) First Parish Church Restoration Historic Structure Report d) Cary Memorial Building Records Center Shelving e) Battle Green Streetscape Improvements f) Community Center Sidewalk Design g) Cary Memorial Building Sidewalk Enhancement h) Community Center Preservation Restriction Endowment i) Park and Playground Improvements j) Park Improvements – Athletic Fields k) Park and Playgrounds ADA Accessibility Study l) Parks Improvements – Hard Court Resurfacing m) Lincoln Park Field Improvements – Phase 3 n) Minuteman Bikeway Culvert Rehabilitation o) Grain Mill Alley Design Funds p) Minuteman Bikeway Wayfinding Signs – Design Funds q) Lower Vine Brook Paved Recreation Path Reconstruction r) Community Preservation Fund Debt Service s) Administrative Budget Wait for CPC report IP Y Y N Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y N Y Y Y Y Y Y Y Y Y Y N Y W Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y W Y Y Y Y Y Y W Y Y Y Y Y Y Y Y Y Y W Y Y Y Y Y Y N Y Y Y Y Y Y Y Y Y Y W Y Y Y Y e) N o) N p) N
ARTICLE FINANCIAL ARTICLES PRESENTATION JP PK NC MC SB AC CEC SC Article 9 Property Purchase – 241 Grove Street Wait until proposal Y Y Y Y Y Article 10 Appropriate for Recreation Capital Projects Y Y Y Y Y Article 11 Appropriate for Municipal Capital Projects and Equipment a) Center Streetscape Improvements and Easements – Phase I b) DPW Equipment c) Storm Drainage Improvements and NPDES Compliance d) Comprehensive Watershed Storm Water Management Study and Implementation e) Sidewalk Improvements, Additions, Designs and Easements f) Town-wide Culvert Replacement g) Town-wide Signalization Improvements h) Hartwell Avenue Infrastructure Improvements and Easements i) Street Improvements and Easements j) Bikeway Bridge Repairs and Engineering k) Hastings Park Undergrounding Wires l) Hydrant Replacement Program m) Westview Cemetery Building Assessment n) Replace Town-wide Phone Systems – Phase IV o) Municipal Technology Improvement Program – Phase III p) Police/Fire Dispatching and Recoreds Software q) Parking Meter Replacement r) Public Safety Radio Stabilization - Phase I s) Design/Engineering – Firing Range at Hartwell Avenue Compost Site Refresher presentation Get Clarification Y Y Y Y Y Y N Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y a) N k) N
ARTICLE FINANCIAL ARTICLES PRESENTATION JP PK NC MC SB AC CEC SC Article 12 Pleasant Street Sidewalk (Citizen Article) IP Article 13 Prospect Hill Road Sidewalk (Citizen Article) IP Article 14 Appropriate for Water System Improvements Y Y Y Y Y Article 15 Appropriate for Wastewater System Improvements Y Y Y Y Y Article 16 Appropriate for School Capital Projects and Equipment Article 17 Technical Correction to the Borrowing Authorization under Article 13b of the 2014 Annual Town Meeting Y Y Y Y Y Article 18 Appropriate for Public Facilities Capital Projects: a) Middle School Space Mining b) Clarke Middle School Circulation and Parking Improvements, Design c) LHS Phase 2 Overcrowding/ Completion d) Major Mechanical/Electrical Systems’ Replacement e) Lexington Public School Educational Capacity Increase – Short and Long-Term f) LHS Heating Systems Upgrade – Phases 2 and 3 - Design g) School Building Envelope and Systems h) Municipal Building Envelope and Systems i) Repairs/Replacements/Upgrades: • School Building Flooring Program • School Interior Painting Program • Diamond Middle School Lighting to Rear Parking Lot j) School Paving Program k) Public Facilities Bid Documents
Article 18 (concluded) l) Security Cameras Upgrade ARTICLE FINANCIAL ARTICLES (concluded) PRESENTATION JP PK NC MC SB AC CEC SC Article 19 Martingale Road Street Acceptance Y Y Y Y Y Article 20 Richmond Circle Street Acceptance Y Y Y Y Y Article 21 Appropriate to Post Employment Insurance Liability Fund Y Y Y Y Y Article 22 Adjust Retirement COLA Base for Retirees Y Y Y Y Recuse Article 23 Accept Chapter 235 of the Acts of 1994 Y Y Y Y Y Article 24 Appropriate Bonds and Notes Premiums Y Y Y Y Y Article 25 Rescind Prior Borrowing Authorizations TBD Y Y Y Y Y Article 26 Establish and Appropriate To and From Specified Stabilization Funds Article 27 Appropriate to Stabilization Fund IP Y Y Y Y Y Article 28 Appropriate from Debt Service Stabilization Fund Y Y Y Y Y Article 29 Appropriate for Prior Years’ Unpaid Bills IP Article 30 Amend FY2015 Operating, Enterprise and CPA Budgets TBD Article 31 Appropriate for Authorized Capital Improvements IP ARTICLE GENERAL ARTICLES PRESENTATION JP PK NC MC SB AC CEC SC Article 32 Establish Qualifications for Tax Deferrals Pres. 2/10/15 - IP Y Y Y Y Y Article 33 Authorize Home Rule Petition for Tax Relief IP Y Y Y Y Y Article 34 Accept MGL Chapter 59, Section 5, Clause 54 and Set Personal Property Minimum Tax Y Y Y Y Y Article 35 Accept MGL Chapter 90-I, Section 1 (Complete Streets Program) Pres. 2/10/15 Y Y Y Y Y Article 36 Authorize Community Electrical Aggregation Program Y Y Y Y Y Article 37 Amend General Bylaws – Street Performers Y Y Y Y Y
ARTICLE GENERAL ARTICLES (concluded) PRESENTATION JP PK NC MC SB AC CEC SC Article 38 Amend General Bylaws – Tourism Committee Y Y Y Y Y Article 39 Repeal General Bylaws – Sale and Use of Tobacco Y Y Y Y Y Article 40 Amend General Bylaws – Sale and Use of Tobacco Y Y Y Y Y Article 41 Amend General Bylaws – Contracts and Deeds IP Y Y Y Y Y Article 42 Commission on Disability Request Pres. 3/4/15 Y W Y Y Y Article 43 Amend General Bylaws – Demolition Delay (Citizen Article) Pres. 2/23/15 W W W W W Article 44 Resolution on Fossil Fuel Divestment (Citizen Article) W N N W W Article 45 Townwide Process for Safety (Citizen Article) W W W W W ARTICLE ZONING/LAND USE ARTICLES PRESENTATION JP PK NC MC SB AC CEC SC Article 46 Acquisition of Land Shown on Assessors’ Property Map 22, Lot 51B Y Y Y Y Y Article 47 Amend Zoning By-Law – Medical Marijuana (Citizen Article) In support of PB Recommendation N N N N N Article 48 Amend Zoning Map – Commercial Zoning District Lines a) CN (229-235 Bedford Street) b) CS (242-246 Bedford Street) c) CLO (173-181 Bedford Street) d) CN (Bedford Street & Reed Street) e) CS (North Street and Lowell Street) f) CRS (Lowell Street and Woburn Street g) CLO (Marrett Road and Lincoln Street) h) CS (Marrett Road and Spring Street) i) CN & CRS (Waltham Street and Marrett Road) j) CLO (Waltham Street at the Waltham Town Line Pres. 2/10/15 Wait for report from Planning Board Y W Y W Y
ARTICLE ZONING/LAND USE ARTICLES (concluded) PRESENTATION JP PK NC MC SB AC CEC SC Article 49 Amend Zoning By-Law and Map – Civic Use Districts Pres. 2/10/15 Y Y Y Y Y Article 50 Amend Zoning Map – CM District, Waltham Line Near Route 128/I95 Pres. 2/10/15 Y Y Y Y Y Article 51 Amend Zoning By-Law – Site Plan Review Applicability Pres. 2/10/15 Y Y Y Y Y Article 52 Amend Zoning By-Law – Technical Corrections Pres. 2/10/15 Y Y Y Y Y Article 53 Amend Zoning By-Law – CB District Moratorium on Banks Pres. 2/10/15 Y Y Y Y Y
CAPITAL EXPENDITURES COMMITTEE REPORT TO 2015 ATM & 2015 STMs (Mar 23th)
52
FY16 St. Improvements
2001 Override Increased by 2.5% per year 624,061$
Maintenance of unallocated revenue from FY12 Revenue Allocation Model 281,234$
Maintenance of unallocated revenue from FY13 Revenue Allocation Model 164,850$
Additional Tax Levy due to Health Insurance Savings 1,100,000$
Additional Tax Levy Funding—Shade Street Traffic Calming 100,000$
Estimated Chapter 90 Aid 961,105$
3,231,250$
Street Improvements—Financing Components
[Brown Book, Page XI-21]
Project Description Amount
Requested
Funding
Source
Committee Recommends
(j) Bikeway Bridge Repairs and
Engineering $10,000 GF (Free
Cash)Approval (5–0))
“The Grant Street Bridge along the bikeway is showing signs of deterioration. The Engineering Division
is working with a structural engineer to determine the extent of the work needed to restore the bridge. The
Minuteman Bikeway is used by many residents and non-residents as a commuter and recreational path.
This work is essential to keeping a safe pathway for all users. The estimated cost of the repairs is
$70,000.”
[Brown Book, Page XI-22]
This Committee believes this effort (as well as any follow-on construction) is eligible for funding under
the CPA and would have preferred that it have been presented to the CPC for consideration for FY2016
funding from the CPF, rather than the GF.
Project Description Amount
Requested
Funding
Source
Committee Recommends
(k) Hastings Park Undergrounding
Wires $300,000 GF (Free
Cash)Disapproval (5–0)
“This request is for the undergrounding of utility wires at Hastings Park. NStar [Now “Eversource”] has
provided preliminary design and installation estimates to place the current overhead wires underground.
The use and overall aesthetic view of the park is obstructed by the power lines that run through the park
from Worthen Road to Lincoln Street. This request will provide funds to put the power lines
underground, which will open up useable space and make the park more aesthetically pleasing. The
project will involve removal of the existing utility poles and wires and installation of underground conduit
and wires. Hastings Park is one of the most used park areas in Town. It provides green space and a gazebo
for events such as the carnival, weddings, company picnics, concerts, family functions, school events,
recreation events and other community related events.”
[Brown Book, Page XI-22]
This project is not projected to have any material effect on the actual usage of the park. This Committee
cannot support this request in light of the current, more-pressing, capital needs the Town faces.
Minimum
Value
# of
Accounts
Tax
Foregone
Costs
Avoided
Savings @
$40/account
# of
accounts
with tax >
$40
Tax at
Threshold
Value
1,000$ 124 2,140$ 4,340$ 2,200$ 0 28.81$
1,370$ 170 3,747$ 5,950$ 2,203$ 0 39.87$
1,200$ 146 2,845$ 5,840$ 2,995$ 0 34.92$
2,000$ 241 7,219$ 9,640$ 2,421$ 71 58.20$
Personal Property Tax Scenarios
A r t i c l e 4 8 I n d e x M a pArticle 4 8 I n d e x M a p
Proposed Zoning Districts
District Outline
RS - One Family Dwelling
RO - One Family Dwelling
RT - Two Family Dwelling
CB - Central Business
CLO - Local Office
CM - Manufacturing
CN - Neighborhood Business
CRO - Regional Office
CRS - Retail Shopping
CS - Service Business
CD - Planned Commercial
RD - Planned Residential
´Date: 3/5/2015
Parts A - D: Bedford Street
Part G: Marrett Road & Lincoln Street
Part E: North Street & Lowell Street
Part F: Lowell Street & Woburn Street
Part I: Waltham Street & Marrett Road
Part J: Waltham Street, at the Waltham LinePart H: Marrett Road, near Spring Street
71-33
71-31A
71-2471-25
71-30
71-26
71-61A
71-34
71-23
64-69
48-500
BEDFORD ST
71-33
71-31A
71-2471-25
71-30
71-26
71-61A
71-34
71-23
64-69
48-500
BEDFORD ST
E x i s t i n g Z o n i n gExisting Z o n i n g P r o p o s e d Z o n i n gProposed Z o n i n g
Proposed Zoning Districts
District Outlines
RS - One Family Dwelling
CN - Neighborhood Business
CS - Service Business
Parcels ´100 0 10050 Feet
1 in = 40 ft
229-235 Bedford Street (CN)
Date: 3/4/2015
A r t i c l e 4 8 , P a r t AArticle 4 8 , P a r t A
71-31A71-30
71-29
71-28
71-93
71-95
71-26
71-27
71-9671-9471-92
71-61A
71-66A 71-65
71-64
71-63
71-62
48-500
71-51A 71-50 71-49 71-48 71-46
71-53
71-6071-58A71-5771-5671-55
71-54
BEDFORD ST
L E D G E L AWNAV
SUNNY KNOLL TE71-31A71-30
71-29
71-28
71-93
71-95
71-26
71-27
71-9671-9471-92
71-61A
71-66A 71-65
71-64
71-63
71-62
48-500
71-51A 71-50 71-49 71-48 71-46
71-53
71-6071-58A71-5771-5671-55
71-54
BEDFORD ST
L E D G E L AWNAV
SUNNY KNOLL TE
E x i s t i n g Z o n i n gExisting Z o n i n g P r o p o s e d Z o n i n gProposed Z o n i n g
Zoning Districts
District Outlines
RS - One Family Dwelling
CN - Neighborhood Busines
CS - Service Business
Parcels ´260 0 260130 Feet
1 in = 100 ft
242-246 Bedford Street (CS)A r t i c l e 4 8 , P a r t BArticle 4 8 , P a r t B
Date: 3/4/2015
64-76
64-107
64-104
64-102B
64-102A
64-101A
64-100
64-98A
64-99A
64-98B
64-97
64-96
64-95
64-77 64-8864-93 64-92B 64-91B 64-90 64-89
64-102C
64-105
64-102D
64-106
64-148
64-185
64-149
64-69
64-75A
48-500
REVERE STLARCHMONTLN
64-76
64-107
64-104
64-102B
64-102A
64-101A
64-100
64-98A
64-99A
64-98B
64-97
64-96
64-95
64-77 64-8864-93 64-92B 64-91B 64-90 64-89
64-102C
64-105
64-102D
64-106
64-148
64-185
64-149
64-69
64-75A
48-500
REVERE STLARCHMONTLN
E x i s t i n g Z o n i n gExisting Z o n i n g P r o p o s e d Z o n i n gProposed Z o n i n g
Proposed Zoning Districts
District Outlines
RS - One Family Dwelling
CLO - Local Office
CN - Neighborhood Business
Parcels
´390 0 390195 Feet
1 in = 150 ft
173-181 Bedford Street (CLO)
Date: 3/4/2015
A r t i c l e 4 8 , P a r t CArticle 4 8 , P a r t C
65-10
65-9
65-864-62
64-76
64-61
64-59 64-58
64-95
64-77
64-27
64-68
64-67
64-6664-65
64-57
64-28
64-64
64-63
64-73A
64-74A
64-181
64-75AREED ST
BEDFORD ST
CARLEYRDCANDLEWICKCLOSE65-10
65-9
65-864-62
64-76
64-61
64-59 64-58
64-95
64-77
64-27
64-68
64-67
64-6664-65
64-57
64-28
64-64
64-63
64-73A
64-74A
64-181
64-75AREED ST
BEDFORD ST
CARLEYRDCANDLEWICKCLOSEE x i s t i n g Z o n i n gExisting Z o n i n g P r o p o s e d Z o n i n gProposed Z o n i n g
Proposed Zoning Districts
District Outline
RS - One Family Dwelling
CLO - Local Office
CN - Neighborhood Business
Parcels ´200 0 200100 Feet
1 in = 80 ft
Bedford & Reed (CN)A r t i c l e 4 8 , P a r t DArticle 4 8 , P a r t D
Date: 3/4/2015
68-49
68-47
68-44
68-48
68-46
68-33
75-22D
75-16C
75-17
75-2
75-1875-16A
75-16E
75-1
75-16D
75-31
68-45
L
O
W
ELL S
T
NORTH STNORTHSTNORTHGATE CI
N O RTHGATECI68-49
68-47
68-44
68-48
68-46
68-33
75-22D
75-16C
75-17
75-2
75-1875-16A
75-16E
75-1
75-16D
75-31
68-45
L
O
W
ELL S
T
NORTH STNORTHSTNORTHGATE CI
N O RTHGATECIE x i s t i n g Z o n i n gExisting Z o n i n g P r o p o s e d Z o n i n gProposed Z o n i n g
Proposed Zoning Districts
Proposed Zoning Districts
RO - One Family Dwelling
CS - Service Business
Parcels ´200 0 200100 Feet
1 in = 80 ft
North & Lowell (CS)A r t i c l e 4 8 , P a r t EArticle 4 8 , P a r t E
Date: 3/4/2015
46-114
46-126A
46-111
46-37
46-38
46-31
46-28
46-27
46-2646-110
46-109A1
46-108
46-107
46-106
46-99
46-39WOBURN STLOWELL ST
COUNTRYSIDEVILLAGE
COUNTRYSI
DEVILLAGE
46-114
46-126A
46-111
46-37
46-38
46-31
46-28
46-27
46-2646-110
46-109A1
46-108
46-107
46-106
46-99
46-39WOBURN STLOWELL ST
COUNTRYSIDEVILLAGE
COUNTRYSI
DEVILLAGE
E x i s t i n g Z o n i n gExisting Z o n i n g P r o p o s e d Z o n i n gProposed Z o n i n g
Proposed Zoning Districts
Proposed Zoning Districts
RO - One Family Dwelling
CRS - Retail Shopping
Parcels ´200 0 200100 Feet
1 in = 80 ft
Lowell & Woburn (CRS)
Date: 3/4/2015
A r t i c l e 4 8 , P a r t FArticle 4 8 , P a r t F
42-54
42-53
42-56
42-55
42-72
42-71
42-70
42-69B
42-69A
42-68
42-67
42-66
42-22342-222
42-221
42-22042-219
42-218
42-217 42-21342-212
42-64
42-63
42-216
42-22542-114
42-113 42-224
42-112
42-11142-11042-4342-44
42-45
42-46
42-47
42-49
42-51A42-51A
42-52
34-1
MARRETT
RD
S
C
H
O
O
L
S
T
LINCOLNST42-54
42-53
42-56
42-55
42-72
42-71
42-70
42-69B
42-69A
42-68
42-67
42-66
42-22342-222
42-221
42-22042-219
42-218
42-217 42-21342-212
42-64
42-63
42-216
42-22542-114
42-113 42-224
42-112
42-11142-11042-4342-44
42-45
42-46
42-47
42-49
42-51A42-51A
42-52
34-1
MARRETT
RD
S
C
H
O
O
L
S
T
LINCOLNSTE x i s t i n g Z o n i n gExisting Z o n i n g P r o p o s e d Z o n i n gProposed Z o n i n g
Proposed Zoning Districts
District Outlines
RS - One Family Dwelling
CLO - Local Office
CS - Service Business
Parcels
´310 0 310155 Feet
1 in = 120 ft
Marrett & Lincoln (CLO)
Date: 3/4/2015
A r t i c l e 4 8 , P a r t GArticle 4 8 , P a r t G
33-79
33-80
33-81
33-8233-8333-84
33-77
33-76
33-75
33-102
33-74
33-73
33-72A
33-72B
33-71
33-70
33-100
33-96A33-8733-104A
33-86
33-85 33-10533-103 33-104B33-101
M A R R E T T R D
33-79
33-80
33-81
33-8233-8333-84
33-77
33-76
33-75
33-102
33-74
33-73
33-72A
33-72B
33-71
33-70
33-100
33-96A33-8733-104A
33-86
33-85 33-10533-103 33-104B33-101
M A R R E T T R D
E x i s t i n g Z o n i n gExisting Z o n i n g P r o p o s e d Z o n i n gProposed Z o n i n g
Proposed Zoning Districts
District Outlines
RS - One Family Dwelling
CN - Neighborhood Business
CS - Service Business
Parcels ´200 0 200100 Feet
1 in = 80 ft
Marrett & Spring (CS)A r t i c l e 4 8 , P a r t HArticle 4 8 , P a r t H
Date: 3/4/2015
32-29
32-55
32-54
32-56 32-57
32-53
32-58A
32-52
32-58B
32-11
32-13B
32-14
32-15
32-16
33-1
33-3
33-4
33-5
33-274
33-273
32-101
32-79
32-8532-8432-83
32-80
33-270
33-269
33-268
33-267
33-266
33-265
33-264A
33-26333-235W
A
LT
H
A
M
S
TMARRETTRD
FARMCREST AVGRAPEVINE AV32-29
32-55
32-54
32-56 32-57
32-53
32-58A
32-52
32-58B
32-11
32-13B
32-14
32-15
32-16
33-1
33-3
33-4
33-5
33-274
33-273
32-101
32-79
32-8532-8432-83
32-80
33-270
33-269
33-268
33-267
33-266
33-265
33-264A
33-26333-235W
A
LT
H
A
M
S
TMARRETTRD
FARMCREST AVGRAPEVINE AVE x i s t i n g Z o n i n gExisting Z o n i n g P r o p o s e d Z o n i n gProposed Z o n i n g
Proposed Zoning Districts
Proposed Zoning Districts
RS - One Family Dwelling
CN - Neighborhood Business
CRS - Retail Shopping
Parcels ´260 0 260130 Feet
1 in = 100 ft
Waltham & Marrett (CN & CRS)A r t i c l e 4 8 , P a r t IArticle 4 8 , P a r t I
Date: 3/4/2015
5-135-11A
5-14
5-16A
5-3
5-4B
5-19C
5-19C
5-205-2
5-1
10-26A
WALTHAM STL E X I N G T O N R I D G E
D R I V E
5-135-11A
5-14
5-16A
5-3
5-4B
5-19C
5-19C
5-205-2
5-1
10-26A
WALTHAM STL E X I N G T O N R I D G E
D R I V E
E x i s t i n g Z o n i n gExisting Z o n i n g P r o p o s e d Z o n i n gProposed Z o n i n g
Proposed Zoning Districts
District Outline
RO - One Family Dwelling
CLO - Local Office
CRS - Retail Shopping
CD - Planned Commercial
RD - Planned Residential
Parcels
´520 0 520260 Feet
1 in = 200 ft
Waltham St. at the town line (CLO)
Date: 3/4/2015
A r t i c l e 4 8 , P a r t JArticle 4 8 , P a r t J
1
Lynne Pease
From:Carl Valente
Sent:Monday, March 16, 2015 4:57 PM
To:Lynne Pease; Joe Pato (joe@joepato.org); Michelle Ciccolo; Norman Cohen; Peter Kelley;
Suzie Barry (suziebarrylex@gmail.com)
Subject:FW: Art. 41
FYI – This is fine with me.
Carl F. Valente
Town Manager
1625 Massachusetts Avenue
Lexington, MA 02420
781 698‐4545 (new direct phone number as of March 2014)
781 861‐2921 (fax)
(When writing or responding please understand that the Secretary of State has determined that emails are a public record and,
therefore, may not be kept confidential.)
From: Kevin D. Batt [mailto:kbatt@AndersonKreiger.com]
Sent: Monday, March 16, 2015 4:54 PM
To: Carl Valente
Cc: Mina Makarious; Bill Lahey
Subject: Art. 41
Having reviewed John Bartenstein’s and Glenn Parker’s emails on this article, I would not be opposed to indefinite
postponement to have a more thorough review of language and options for the bylaw change.
I think that John’s suggestion helps simplify the bylaw but also narrows it, so that it would only apply to 30B
contracts. While he is fearful that the list of exemptions in the revised bylaw that I drafted would need updating with more
exemptions each time unanticipated contracts came up, I would be fearful that all other non-30B contracts would need
Town Meeting vote each year pursuant to G. L.c. 40, s. 4. So, maybe the best solution would be to have a few of the
Town’s legal minds take this on and bring a proposed amended bylaw back at the next best opportunity.
-----------------------------------------
Kevin D. Batt
ANDERSON & KREIGER LLP
One Canal Park, Suite 200
Cambridge MA 02141
t: 617-621-6514
f: 617-621-6614
www.andersonkreiger.com
Please consider the environment before printing this e-mail.
This electronic message contains information from the law firm of Anderson & Kreiger LLP that may be privileged. If you are not the
intended recipient, note that any disclosure, copy, distribution or use of the contents of this message is prohibited and this message
should be deleted.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE:
3/23/2015
PRESENTER:
Carl F. Valente, Town Manager
ITEM NUMBER:
I.4
AGENDA ITEM TITLE:
Conservation Commission Reappointment (5 min.)
SUMMARY:
Kevin Beuttell has been with the Conservation Commission since 2014. He is current with the Ethics
Commission training.
RECOMMENDATION / SUGGESTED MOTION:
Move to approve Town Manager's reappointment of Kevin Beuttell as a member of the Conservation
Commission.
FOLLOW-UP:
Town Manager's Office will send reappointment letter.
APPROXIMATE TIME ON AGENDA:
6:40 PM
ATTACHMENTS:
Description Type
Kevin Beuttell's Application Backup Material
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE:
3/23/2015
PRESENTER:
Joe Pato
ITEM NUMBER:
C.1
AGENDA ITEM TITLE:
Approve Water and Sewer Commitments and Adjustments
SUMMARY:
To approve the attached water and sewer commitments.
RECOMMENDATION / SUGGESTED MOTION:
Motion to approve the Consent Agenda.
FOLLOW-UP:
Selectmen's Office
APPROXIMATE TIME ON AGENDA:
6:45 PM
ATTACHMENTS:
Description Type
Water and Sewer Commitments Backup Material
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE:
3/23/2015
PRESENTER:
Joe Pato
ITEM NUMBER:
C.2
AGENDA ITEM TITLE:
Vote to Layout Richmond Circle and Martingale Road as Public Ways
SUMMARY:
You are being asked to vote to layout Richmond Circle and Martingale Road as public ways.
RECOMMENDATION / SUGGESTED MOTION:
Motion to approve the Consent Agenda.
FOLLOW-UP:
Selectmen's Office
APPROXIMATE TIME ON AGENDA:
6:45 PM
ATTACHMENTS:
Description Type
Letter and Intent to Developer Backup Material
Layout for Richmond Circle and Martingale Road Backup Material
Copyright by Meridian Associates, Inc. All rights reserved.
M E R I D I A N
69 MILK STREET, SUITE 302
WESTBOROUGH, MASSACHUSETTS 01581
TELEPHONE: (508) 871-7030
A S S O C I A T E S
500 CUMMINGS CENTER, SUITE 5950
BEVERLY, MASSACHUSETTS 01915
TELEPHONE: (978) 299-0447
WWW.MERIDIANASSOC.COM
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE:
3/23/2015
PRESENTER:
Joe Pato
ITEM NUMBER:
C.3
AGENDA ITEM TITLE:
Bike Walk 'N Bus Week
SUMMARY:
The Bicycle Advisory Committee has asked you to sign a proclamation that proclaims May 8 to 17,
2015 as Lexington Bike Walk'N Bus Week.
RECOMMENDATION / SUGGESTED MOTION:
Motion to approve the Consent Agenda.
FOLLOW-UP:
Selectmen's Office
APPROXIMATE TIME ON AGENDA:
6:45 PM
ATTACHMENTS:
Description Type
Proposed Bike Walk 'N Bus Week Proclamation Backup Material
PROCLAMATION
Whereas: Lexington is fortunate to have walking, bicycling, and mass transit resources as
alternatives to single occupancy vehicles;
Whereas: Encouraging alternative transportation options among all age groups will result in a
reduction of CO2 emissions as well as improvements in health;
Whereas: Encouraging school bus ridership will result in safer transport of students and a reduction
in the number of idling cars during the school commute;
Whereas: Children who walk and bike to school have higher physical activity levels throughout the
day, helping to prevent childhood obesity and reduce stress;
Whereas: Encouraging walking, bicycling and taking mass transit to Lexington Center will alleviate
parking problems;
Whereas: The 2003 Transportation Element of Lexington’s Comprehensive Plan states that:
“transportation alternatives … can improve the quality of life by reducing vehicular trips
…[and] that traffic difficulties do nothing to improve the community’s well being,
benefiting neither the environment, the economy, public safety, family life or efficiency
of people circulation.”; and
Whereas: The Planning and Human Services Departments, the Bicycle Advisory Committee, the
Friends of Lexington Bikeways, the Greenways Corridor Committee, the Transportation
Advisory Committee, the Sidewalk/Safe Routes to School Committees, as well as other
partners, are planning activities to celebrate safe, sustainable, and healthy walking,
bicycling, and transit options during May 8 through 17, with the purpose of declaring
“What a Glorious Morning to Leave My Car at Home!”
NOW, THEREFORE, WE, THE BOARD OF SELECTMEN of the Town of Lexington,
Massachusetts, do hereby proclaim May 8 through 17, 2015 as:
LEXINGTON BIKE WALK ‘N BUS WEEK
in the Town of Lexington. We urge all citizens to take the opportunity during this period to walk,
bicycle, or take the bus instead of driving alone to get to work, to school, or to run an errand.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE:
3/23/2015
PRESENTER:
Carl Valente, Town Manager; Denise Casey, HR Director
ITEM NUMBER:
E.1
AGENDA ITEM TITLE:
Executive Session: Exemption 3 - Update on Lexington Police Association Contract Negotiations (10
min.)
SUMMARY:
The Town and the Police Union negotiating teams have reached a tentative collective bargaining
agreement for FY13-15, subject to approval by the Selectmen and Union membership.
RECOMMENDATION / SUGGESTED MOTION:
Not at this time. Purpose of discussion is to see if there is a Board consensus on the proposed contract.
If Board supports and Union votes approval, contract will be voted by the Selectmen in open session.
FOLLOW-UP:
Town Manager's Office and HR.
APPROXIMATE TIME ON AGENDA:
6:55 PM
ATTACHMENTS:
Description Type
Contract Summary Executive Summary
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE:
3/23/2015
PRESENTER:
ITEM NUMBER:
AGENDA ITEM TITLE:
Next Meeting
SUMMARY:
RECOMMENDATION / SUGGESTED MOTION:
FOLLOW-UP:
APPROXIMATE TIME ON AGENDA: