HomeMy WebLinkAbout2015-06-01-BOS-Packet-releasedSELECTMEN'S MEETING
Monday, June 1, 2015
Selectmen Meeting Room
7:00 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. Review of Fife & Drum Tattoo on Battle Green (5 min.) 7:00 PM
2. Grant of Location - Eversource Energy (5 min.) 7:05 PM
a. Eldred Street
b. Cary Avenue
3. Discussion of School District Building Projects Plan (10 min.) 7:10 PM
4. Approve Temporary Signage for Bikeway (5 min.) 7:20 PM
5. Parking Regulation for Follen Road by Sacred Heart Church (5 min.) 7:25 PM
6. Public Works Projects Update (30 min.) 7:30 PM
7. Goal Setting Discussion (10 min.) 8:00 PM
8. Notice of Exercise for Wright Farm Parcel 2 8:10 PM
9. Approve Farmers’ Market Winery License (5 min.) 8:15 PM
10. Approve Sunday Entertainment License for Fiesta Shows/Lions Club
(5 min.)
8:20 PM
11. Approve Limousine License Renewals (5 min.) 8:25 PM
a. Back Bay Sedan Services, 37 Woburn Street
b. Boyadjian Limousine Service, 447 Lowell Street
12. Selectmen Committee Reappointments - LexHAB (5 min.) 8:30 PM
13. New Selectmen Emails and Technical Support (10 min.) 8:35 PM
CONSENT AGENDA
1. Commitment of Water and Sewer Charges 8:45 PM
2. Authorize the Chairman to Approve Lowering the Battle Green Flag 8:45 PM
EXECUTIVE SESSION
1. Exemption 3 and 6: School Department Collective Bargaining
Update; Consider Purchase, Exchange, Lease or Value of Real
Property (30 min.)
8:50 PM
ADJOURN
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
PRESENTER:
Joe Pato/Suzie Barry
ITEM NUMBER:
I.1
AGENDA ITEM TITLE:
Review of Fife & Drum Tattoo on Battle Green (5 min.)
SUMMARY:
Tanya Morrisett will be at your meeting to discuss how the Fife and Drum Tattoo went holding it on the
Battle Green.
RECOMMENDATION / SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
6/1/2015 7:00 PM
ATTACHMENTS:
Description Type
Fife & Drum Letter Backup Material
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
PRESENTER:
Joe Pato
ITEM NUMBER:
I.2
AGENDA ITEM TITLE:
Grant of Location - Eversource Energy (5 min.)
SUMMARY:
See attached request for approval of two Grant of Locations from Eversource for Eldred Street and Cary
Avenue.
Sheila Gillis will be at your meeting representing Eversource Energy.
RECOMMENDATION / SUGGESTED MOTION:
See attached Agenda Item Summaries.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
6/1/2015 7:05 PM
ATTACHMENTS:
Description Type
Eversource - Eldred Street - Install Conduit Cover Memo
Eversource - Cary Avenue - Install Conduit Cover Memo
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE: STAFF: ITEM NUMBER:
May 11, 2015 William Hadley, Director SUBJECT:
Eversource Energy
Eldred St – Install Conduit EXECUTIVE SUMMARY:
The Department of Public Works/Engineering Division has reviewed the petition,
plan and order for Eversource Energy, formally NSTAR Electric Company, to
install approximately 27 ± feet of conduit from pole 282/1 on Eldred St. This work
is necessary to increase capacity to the Town of Lexington. A public hearing is
required and abutters have been notified. The contractor who performs the
excavation will be required to obtain a Street Opening Permit. Since this petition
appears to be in order, we recommend that approval be granted. FINANCIAL IMPACT:
None RECOMMENDATION / SUGGESTED MOTION:
Motion to approve the petition of Eversource, formally NSTAR Electric to
construct, and a location for, a line of conduits and manholes with the
necessary wires and cables therein to be located in Eldred St:
Westerly @Pole 282/1 install 27’± of conduit.
STAFF FOLLOW-UP:
Engineering Division
NOTICE TO ABUTTERS
April 23, 2015
In conformity with the requirements of Section 22 of Chapter 166 of the General
Laws (Ter. Ed.), you are hereby notified that a public hearing will be held in the
Selectmen's Meeting Room, 2nd Floor, Town Office Building, of the Town of
Lexington, Massachusetts, on Monday, May 11th, 2015 at 7:00 p.m., upon the
following petition of Eversource Energy, formally NSTAR Electric, for permission to
construct and locations for a line of conduits and manholes with the necessary
wires and cables therein under the following public way of said Town:
Eldred St:
Approximately 27 ± feet – conduit at pole 282/1
By: Tricia Malatesta
Engineering Aide
Department of Public Works/Engineering
Please direct inquiries to the Eversource Representative:
Maureen Carroll (617) 369-6421
Copies to:
Eversource Energy
Maureen Carroll
Rights & Permits
200 Calvary Street
Waltham, MA 02453
Jean Sanon & Maryse Desrosiers
433 Bedford St
Lexington, MA 02420
Resident
3 Eldred St
Lexington, MA 02420
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE: STAFF: ITEM NUMBER:
June 1, 2015 William Hadley, Director SUBJECT:
Eversource Energy
Cary Ave – Install Conduit EXECUTIVE SUMMARY:
The Department of Public Works/Engineering Division has reviewed the petition,
plan and order for Eversource Energy, formally NSTAR Electric Company, to
install approximately 15 ± feet of conduit from pole 30/8 on Cary Ave. This work
is necessary to bring underground electric service to a new subdivision. A public
hearing is required and abutters have been notified. The contractor who
performs the excavation will be required to obtain a Street Opening Permit.
Since this petition appears to be in order, we recommend that approval be
granted. FINANCIAL IMPACT:
None RECOMMENDATION / SUGGESTED MOTION:
Motion to approve the petition of Eversource, formally NSTAR Electric to
construct, and a location for, a line of conduits and manholes with the
necessary wires and cables therein to be located in Cary Ave:
Easterly @Pole 30/8 at Willard Circle install 15’± of conduit.
STAFF FOLLOW-UP:
Engineering Division
NOTICE TO ABUTTERS
May 19, 2015
In conformity with the requirements of Section 22 of Chapter 166 of the General
Laws (Ter. Ed.), you are hereby notified that a public hearing will be held in the
Selectmen's Meeting Room, 2nd Floor, Town Office Building, of the Town of
Lexington, Massachusetts, on Monday, June 1st, 2015 at 7:00 p.m., upon the
following petition of Eversource Energy, formally NSTAR Electric, for permission to
construct and locations for a line of conduits and manholes with the necessary
wires and cables therein under the following public way of said Town:
Cary Ave:
Approximately 15 ± feet – conduit at pole 30/8
By: Tricia Malatesta
Engineering Aide
Department of Public Works/Engineering
Please direct inquiries to the Eversource Representative:
Maureen Carroll (617) 369-6421
Copies to:
Eversource Energy
Maureen Carroll
Rights & Permits
200 Calvary Street
Waltham, MA 02453
Robert Smith c/o Robert Smith Jr.
52-B Waltham St
Lexington, MA 02421
Rebecca Moore
39 Cary Ave.
Lexington, MA 02421
37 Cary Ave Realty Trust
Daniel Dulitz. Trustee
3995 Page Mill Rd
Los Altos, CA 94022
Resident
36 Cary Ave.
Lexington, MA 02421
Thomas and Mildred Bartee
34 Cary Ave.
Lexington, MA 02421
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
PRESENTER:
Joe Pato
ITEM NUMBER:
I.3
AGENDA ITEM TITLE:
Discussion of School District Building Projects Plan (10 min.)
SUMMARY:
This agenda item will appear on every regular meeting of the Board to allow us to hear and discuss status
updates on the progress on the building and administrative responses to overcrowding in the school system.
Project web site accessible from quick links on the LPS web site or at:
http://www.lexingtonmultipleprojects.com
This week's updates:
Potential relocation of Pre-K in the fall of 2016 to leased space 1.
Lease negotiations for Pre-K have been authorized by the School Committee■
School Committee has requested the Selectmen investigate long-term options for Pre-K
lease
■
Investigation of effects of early relocation of Pre-K from Harrington on the need for short
-term (pre-fab) space has been initiated
■
Other status TBD2.
RECOMMENDATION / SUGGESTED MOTION:
N/A
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
6/1/2015 7:10 PM
ATTACHMENTS:
Description Type
School Projects Summit Preparation Task List Backup Material
Memo Regarding Athletic Field Layouts at Schools Backup Material
School Projects Summit Preparation Task List As of 17 May 2015
[TYPE HERE] 1 WORKING DOCUMENT
ID
Item for discussion at the two
Summit Discussions in July
Responsible
Party
Comment /
Status
1 Design Team Summit Presentation
refinement and completion of what was
presented at the 8 May Pre‐Summit
Design Team
2 What's the strategy?
How will these projects be presented, packaged,
and funded for the votes
o Fall Special Town Meeting,
o Annual Town Meeting(s)
o debt exclusion vote
BoS w staff
Integrated consideration of all of the other
contemplated major capital projects.
BoS, CEC, AC &
Staff
Working Group
forming (J. Hai)
Update on bonding/property tax profile related to
strategy.
Staff
3 School Committee presentation of redistricting study
pros and cons of major options
SC recommendation of which to use going
forward.
SC
4 School Department update on school enrollment
projections
EWG projection updates
Projections overlaid with the availability of new
capacity according to the recommended
approaches.
School
Department
5 Investigate improved utilization of existing spaces:
Each school principal has their own strategy for
use of the spaces within their schools. While one
school may have two or three lunch sessions,
Fiske is reported to have six.
Because Clark has a teachers' resource space, the
Clark classrooms are used as instructional space
for more periods on a given day than Diamond.
SC, School
Department
6 Explanation of how Master Plan study was used going
forward [aka did we get value out of the master plan
process?].
DPF, PBC
7 Presentation [a slide or 2]: Have we proceeded from
Spring Special Town Meeting consistent with Matrix
presented for the $4,080,000 appropriation?
DPF, PBC
8 Indication that the School District and School Committee
endorse the Design Team’s Summit presentation
recommended approaches.
SC
School Projects Summit Preparation Task List As of 17 May 2015
[TYPE HERE] 2 WORKING DOCUMENT
ID
Item for discussion at the two
Summit Discussions in July
Responsible
Party
Comment /
Status
9 Existing property PreK lease opportunities SC, School
Department, &
Municipal
In discussion
10 Viability of change of use of current Conservation Land
with or without "land swap" or "wetland replication."
BoS & Staff In investigation
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
PRESENTER:
Joe Pato
ITEM NUMBER:
I.4
AGENDA ITEM TITLE:
Approve Temporary Signage for Bikeway (5 min.)
SUMMARY:
The Bicycle Advisory Committee is requesting permission to post safety messages on the Lexington section
of the Bikeway for the 2015 summer/fall season. Peggy Enders, Chair, will be at your meeting to answer
any questions.
Safety warnings on the Bikeway don't exist except in the form of very small signs that are difficult for users
to read. They will need to wait at least another year or two for permanent signs that result from the work of
the Toole Group.
It has been suggested that in the meantime the BAC should experiment with catchy phrases and, perhaps in
the future, with cute graphics, to inform users about some of the important safety behaviors. These
behaviors include giving an audible warning when passing, wearing lights at night, ensuring that children
ride safely, that cyclists behave themselves when in crowded conditions, and that dogs are kept on a short
leash.
Attached is a short list of some sample messages that they propose to post on "lawn signs" of the sort they
used during the winter to raise plowing funds. Some messages might take the form of "Burma Shave" signs,
some messages might fit all on one board. They are proposing to post about 5 different messages and to
have the signs made within the next several weeks.
RECOMMENDATION / SUGGESTED MOTION:
Motion to approve the request of the Bicycle Advisory Committee to post safety messages on the Lexington
section of the Bikeway for the 2015 summer/fall season.
FOLLOW-UP:
Bicycle Advisory Committee
DATE AND APPROXIMATE TIME ON AGENDA:
6/1/2015 7:20 PM
ATTACHMENTS:
Description Type
Proposed Safety Signs for Bikeway Backup Material
Lexington Bicycle Advisory Committee
Bikeway Safety Signage for Summer 2015
Sample Signs
One if by land
Two if by sea
Say something please
When you’re passing me!
Kids are great
Help them ride straight
Wear Lights at Night
Back Red and
Front White
One in a row
is the way to go
Two is OK
But don't block the way!
Dogs on Short Leash
Do you capiche?
Dogs are OK
But keep them at bay
Don't squeeze through a space
At too fast a pace!
Board of Selectmen Meeting
June 1, 2015
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
PRESENTER:
Bill Hadley, DPW Director; John
Livsey, Town Engineer
ITEM
NUMBER:
I.5
AGENDA ITEM TITLE:
Parking Regulation for Follen Road by Sacred Heart Church (5 min.)
SUMMARY:
The Transportation Safety Group (TSG) received a request from Sacred Heart Church for certain parking
regulations on Follen Road, in the vicinity of the Church. The request and TSG's recommendations are:
Request: 2 Hr parking limit on Sacred Heart Church side of Follen Road.•
Recommendation: The Transportation Safety Group (TSG) reviewed this request on 3/17/15 and
determined that this request is not related to vehicle or pedestrian safety. TSG, however, did make
the following recommendations, which require Board of Selectmen approval:
•
1) No Parking from corner of Follen Rd @ Pleasant St to approx. 83’ west;
2) 2 Hr Parking M-F from westside of an existing ramp to the church’s property line.
RECOMMENDATION / SUGGESTED MOTION:
Move to amend the Traffic Regulations as follows:
1) No Parking from corner of Follen Rd @ Pleasant St to approx. 83’ west;
2) 2 Hr Parking M-F from westside of an existing ramp to the church’s property line.
FOLLOW-UP:
Staff will amend the Traffic Regulations.
DATE AND APPROXIMATE TIME ON AGENDA:
6/1/2015 7:25 PM
ATTACHMENTS:
Description Type
Follen Road by Sacred Heart Church Backup Material
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
PRESENTER:
Bill Hadley
ITEM NUMBER:
I. 6
AGENDA ITEM TITLE:
Public Works Projects Update (30 min.)
SUMMARY:
Bill Hadley, John Livsey and Dave Pinsonneault will review the DPW construction projects for the
upcoming season.
RECOMMENDATION / SUGGESTED MOTION:
No recommendation or motion needed.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
6/1/2015 7:30 PM
ATTACHMENTS:
Description Type
Public Works Project Update Backup Material
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
PRESENTER:
Suzie Barry
ITEM NUMBER:
I.7
AGENDA ITEM TITLE:
Goal Setting Discussion (10 min.)
SUMMARY:
This is a continuation of the brief discussion from the last Selectmen meeting about if the Board wants to
adopt a set of values important to the Town from which we would base our Goals.
Attached is a memo from Carl that was drafted in 2008 with what he saw at the time were the recurring
values. Does it need updating? Should we adopt it?
No decision is needed tonight and we can continue the discussion but having a set of values that we can
clearly build upon, communicate to the public and refer back to will help guide our work.
Goal Setting is scheduled for Wednesday, July 1, 2015. The deadline for Boards/Committees to send
information for Goal Setting has been extended to June 12th. Information should be sent to Linda Vine.
RECOMMENDATION / SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
6/1/2015 8:00 PM
ATTACHMENTS:
Description Type
Proposed Board of Selectmen Statement of Values -
June 2008 Backup Material
Memo to Boards/Committees Regarding Goal
Setting Backup Material
Proposed Board of Selectmen Statement of Values
In reviewing the items suggested for the Selectmen’s Goal-Setting meeting, we found a
combination of suggested policies and goals. In the sections that follow, we have tried to
create one document for policies matters and another document for those items that
reflect suggested goals.
Any Board policy or goal, however, is typically based on the Board’s values. While in
the past these values may have been more inferred than articulated, the Community and
staff should understand them.
As a general framework for moving forward on Board policies and goals, we have
drafted a list of proposed Board values based on the Town Manager’s observations over
the past three years. As the Board goes forward with its polices and goals, it should also
add to, delete and refine these proposed Board values.
Proposed Board Values:
1. Protect the environmental quality of the Town by fostering sustainability.
2. Maintain, protect and enhance the unique sense of place of Lexington,
maintaining the historic character of the community.
3. Maintain, protect and enhance the educational excellence of the School system.
4. Maintain, protect and enhance the long-term financial condition of the Town.
5. Maintain, protect and enhance the professional management and customer
service offered by Town staff, boards and committees.
6. Emphasize long-term planning in regards to all Town services, facilities,
infrastructure and open space.
7. Maintain citizen involvement in Town affairs.
8. Maintain services for Lexington’s older residents.
9. Encourage diversity in employment and housing efforts.
10. Provide a level of compensation and benefits that is fair to Town employees.
11. Provide quality municipal services and programs while not losing sight that these
services are provided with taxpayer funds. The Town, therefore, should be
prudent and economical in expending funds.
c.f. valente 6/2008
MEMORANDUM
TO: Chairperson of the following:
School Committee Appropriation Committee
Capital Expenditures Committee Planning Board
Recreation Committee Board of Health
Council on Aging Board Conservation Commission
Center Committee Energy Conservation Committee
20/20 Vision Committee Economic Development Adv. Comm.
LexHab Community Preservation Committee
Human Rights Committee Sidewalk Committee
Bicycle Advisory Committee Transportation Advisory Committee
Tree Committee Human Services Committee
Housing Partnership Committee Tourism Committee
Sustainable Lexington Committee Community Farming Committee
Commission on Disabilities Greenways Corridor Committee
Town Celebrations Committee Communications Advisory Comm.
Permanent Building Committee
CC: Senior Management Team
FROM: Joe Pato, Chairman, Board of Selectmen
Carl F. Valente, Town Manager
DATE: April 24, 2015
RE: Selectmen’s Annual Goal Setting
The Board of Selectmen will be meeting in June 2015 to begin discussing its goals for
fiscal years 2016 and 2017. We are asking you to provide your input and suggestions to
this process.
As in past years, we are asking Town boards and committees to identify key areas of
concern, need and opportunity that the Town should consider addressing over the next
two years. We would like to know what you see ahead, particularly as it impacts the
Town’s finances and services. Perhaps your committee is already developing its own
plans to address a concern, need or opportunity, and we would like to know about that, as
well.
While the Selectmen cannot address every committee goal and suggestion identified, with
your input this process will help the Board prioritize its work plan for the year.
If possible, we request that you send your comments to us via email. The staff will be
collating and assembling responses into a single document and it is much easier if we can
work from email or attached letters sent via email. Please respond no later than Friday,
June 12 to lvine@lexingtonma.gov . If you have any questions concerning this matter
please feel free to contact us.
Thank you for your time and thoughtful responses.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
PRESENTER:
Carl F. Valente, Town
Manager
ITEM
NUMBER:
I.8
AGENDA ITEM TITLE:
Notice of Exercise for Wright Farm Parcel 2
SUMMARY:
When the Town purchased the Wright Farm parcel in 2012, it also received the right to purchase the
remaining house, then owned and occupied by Kathleen Wright, and the adjacent one acre parcel of land
(Parcel 2). The Board of Selectmen recommended, and Town Meeting approved, the use of CPA funds
to purchase this remaining parcel and house. It is the Board's intent to turn the house over to LexHab for
community housing and the remaining land to the Conservation Commission.
RECOMMENDATION / SUGGESTED MOTION:
1. See first attachment for motion.
2. Move to approve and sign the Notice of Exercise regarding the a certain property containing
approximately 43,446 square feet located at 241 Grove Street, Lexington, Middlesex County, Massachusetts
shown as Parcel 2 on a Plan entitled “Plan of Land in Lexington, Massachusetts prepared for Kathleen
Wright” dated October 22, 2012 and recorded with the Registry as Plan 808 of 2012.
FOLLOW-UP:
Town Manager, the Conservation Administrator and Town Counsel will proceed with the necessary
requirements for the purchase. The tentative closing date is November 2015.
DATE AND APPROXIMATE TIME ON AGENDA:
6/1/2015 8:10 PM
ATTACHMENTS:
Description Type
Proposed Vote of the Board of Selectmen Exhibit
Notice of Exercise Exhibit
Proposed Purchase and Sale Agreement Exhibit
{A0306974.1 }
RECORD OF VOTE OF THE LEXINGTON BOARD OF SELECTMEN
June 1, 2015
At a duly called public meeting of the Lexington Board of Selectmen on June 1, 2015,
the Board voted as follows with respect to that certain land and improvements containing
approximately 43,446 square feet identified as “Parcel 2” (the “Property”) on that certain plan
entitled “Plan of Land in Lexington, Massachusetts prepared for Kathleen Wright” dated October
22, 2012 and recorded with the Middlesex Southern District Registry of Deeds (the “Registry”)
as Plan 808 of 2012, which is a portion of the land described in a deed to Thomas C. Wright and
Sara M. Wright dated May 3, 1998 and recorded with the Registry in Book 19065, Page 52:
(a) To exercise its right of option to purchase the Property under that certain Grant of
Option Agreement dated as of December 20, 2012 between Kathleen Wright, as Trustee of the
Thomas C. Wright Revocable Trust u/d/t dated January 5, 1988 and recorded in the Registry in
Book 25247, Page 406, as amended by First Amendment dated February 27, 1991 and recorded
in the Registry in Book 25247, Page 431; Kathleen Wright, as Trustee of the Sara M. Wright
Revocable Trust u/d/t dated January 5, 1988 and recorded with the Registry in Book 25247, Page
435, as amended by First Amendment dated February 27, 1991 and recorded in the Registry in
Book 25247, Page 460; Kathleen Wright, as Trustee of the Grove Street Trust created pursuant
to the terms of the Articles 7 and 8 of the aforesaid Trusts; and Kathleen Wright, individually,
and the Town of Lexington, acting by and through its Conservation Commission, recorded with
the Registry in Book 60784, Page 401, as affected by the Assignment and Assumption of Grant
of Option Agreement between the Town of Lexington, acting by and through its Conservation
Commission, and the Town of Lexington, acting by and through its Board of Selectmen, dated as
of March 23, 2015 and recorded with the Registry in Book 65160, Page 85;
(b) To approve the Purchase and Sale Agreement concerning the Town’s proposed
purchase of the Property substantially in the form presented to the Board at its June 1, 2015
meeting, with final changes to be made by the Town Manager in his reasonable discretion in
consultation with town counsel (the “Purchase and Sale Agreement”); and
(c) To authorize the Town Manager to execute the finalized Purchase and Sale
Agreement.
TOWN OF LEXINGTON
BOARD OF SELECTMEN
______________________________ _____________________________
Joseph N. Pato, Chairman Michelle L. Ciccolo
______________________________ _____________________________
Peter C. J. Kelley Suzanne E. Barry
______________________________
Norman P. Cohen
{A0301576.1 }
NOTICE OF EXERCISE
The TOWN OF LEXINGTON, acting by and through its Board of Selectmen, a
municipal corporation, having a mailing address of 1625 Massachusetts Avenue, Lexington, MA
02420 hereby gives notice of its election to exercise its right of option under that certain Grant of
Option Agreement dated as of December 20, 2012 between Kathleen Wright, as Trustee of the
Thomas C. Wright Revocable Trust u/d/t dated January 5, 1988 and recorded in the Middlesex
Southern District Registry of Deeds (the “Registry”) in Book 25247, Page 406, as amended by
First Amendment dated February 27, 1991 and recorded in the Registry in Book 25247, Page
431; Kathleen Wright, as Trustee of the Sara M. Wright Revocable Trust u/d/t dated January 5,
1988 and recorded with the Registry in Book 25247, Page 435, as amended by First Amendment
dated February 27, 1991 and recorded in the Registry in Book 25247, Page 460; Kathleen
Wright, as Trustee of the Grove Street Trust created pursuant to the terms of the Articles 7 and 8
of the aforesaid Trusts; and Kathleen Wright, individually, and the Town of Lexington, acting by
and through its Conservation Commission, recorded with the Registry in Book 60784, Page 401
to purchase that certain property containing approximately 43,446 square feet located at 241
Grove Street, Lexington, Middlesex County, Massachusetts shown as Parcel 2 on a Plan entitled
“Plan of Land in Lexington, Massachusetts prepared for Kathleen Wright” dated October 22,
2012 and recorded with the Registry as Plan 808 of 2012. See also that certain Assignment and
Assumption of Grant of Option Agreement between the Town of Lexington, acting by and
through its Conservation Commission, and the Town of Lexington, acting by and through its
Board of Selectmen, dated as of March 23, 2015 and recorded with the Registry in Book 65160,
Page 85.
[Signatures to appear on next page.]
241 Grove Street, Lexington, Massachusetts
{A0301576.1 }
IN WITNESS WHEREOF, this Notice of Exercise is signed as of the ___ day of ___
2015.
TOWN OF LEXINGTON
BOARD OF SELECTMEN
______________________________
Joseph N. Pato, Chairman
______________________________
Peter C. J. Kelley
______________________________
Norman P. Cohen
______________________________
Michelle L. Ciccolo
______________________________
Suzanne E. Barry
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
On this __ day of ____, 2015, before me, the undersigned notary public, personally appeared
_____________________________________________________________, members of the
Town of Lexington Board of Selectmen and proved to me through satisfactory evidence of
identification, which was ___________________, to be the persons whose name are signed on
the preceding document and acknowledged to me that they signed it voluntarily for its stated
purpose.
______________________________
Official signature and seal of notary
Notary Public:
{A0301577.2 }
PURCHASE AND SALE AGREEMENT
As of this ___ day of __________, 2015 (the “Effective Date”):
1. Parties and Mailing Addresses:
[Katherine Cormier, the Personal Representative of the estate of Kathleen Wright] and as
Successor Trustee of the Thomas C. Wright Revocable Trust and as Successor Trustee of
the Sara M. Wright Revocable Trust, having full authority under the respective Trusts to
enter into this Agreement and having an address of [_______________________] (the
“SELLER”), agrees to SELL and]
The Town of Lexington, acting by and through its Board of Selectmen, having an address
of 1625 Massachusetts Avenue, Lexington, Massachusetts 02420 (the “BUYER), agrees
to BUY, upon the terms set forth herein, the following described premises:
2. Description:
Land containing approximately 43,446 square feet identified as “Parcel 2” (the
“Property”) on that certain Plan entitled “Plan of Land in Lexington, Massachusetts
prepared for Kathleen Wright” dated October 22, 2012 and recorded with the Middlesex
Southern District Registry of Deeds as Plan 808 of 2012.
For SELLER’s title to the Property, see deed to Thomas C. Wright and Sara M. Wright
dated May 3, 1998 and recorded with the Middlesex South Registry of Deeds in Book
19065, Page 52, and Probates of the Estates of Thomas C. Wright, Middlesex Probate
Docket No. 91P4747E, and Sara M. Wright, Middlesex Probate Docket No. 91P4746E
(Frances M. Wright, Co-Trustee, Middlesex Probate 12P0350).
3. Title Deed:
The Property is to be conveyed by a good and sufficient quitclaim deed running to the
BUYER, and said deed shall convey a good and clear record and marketable title thereto,
free from encumbrances, except such taxes for the then current year as are not due and
payable on the delivery of such deed.
4. Purchase Price:
The agreed purchase price for the Property is [Five Hundred Twenty-One Thousand
Seven Hundred Dollars] (the “Purchase Price”), of which
$ 1,000.00 has been paid as a deposit this day (the “Deposit”);
$ [520,700.00] is to be paid at the time of delivery, acceptance and
recording of the deed by certified, cashier’s, treasurer’s or
bank check(s), conveyancing attorney’s IOLTA check or
wire.
{A0301577.2 } 2
[$ 521,700.00] TOTAL [To be adjusted based on CPI at time of execution of
P&S]
5. Time for Performance; Delivery of Deed:
Such deed is to be delivered at 10:00 A.M. on the [__] day of November, 2015 at the
office of the Lexington Town Manager at 1625 Massachusetts Avenue, Lexington,
Massachusetts 02420, (the “Closing Date”), provided the BUYER at its sole discretion
upon written notice delivered to the SELLER not less than seven (7) days before the
Closing Date may reschedule the date for the delivery of the deed but such date shall be
in or within ninety (90) days from the Closing Date. It is agreed that time is of the
essence of this Agreement.
6. Possession and Condition of Property:
Full possession of the Property free of all tenants and occupants is to be delivered at the
time of the delivery of the deed, the Property to be then (a) in the same condition as they
now are, reasonable use and wear and tear thereof excepted, and (b) not in violation of
said building and zoning laws, and (c) in compliance with provisions of any instrument
referred to in clause 3 hereof.
7. Extension to Perfect Title or Make Property Conform:
If at the time for performance of this Agreement the SELLER shall be unable to give title
or to make conveyance, or to deliver possession of the Property, all as herein stipulated,
or if at the time of the delivery of the deed the Property does not conform with the
provisions hereof, as the case may be, (a) SELLER shall give written notice thereof to the
BUYER at least three (3) days before the time for the delivery of the deed, (b) SELLER
shall use diligent, good faith efforts to remove any defects in title or to deliver possession
as provided herein or to make the Property conform to the provisions hereof, and (c) upon
the delivery of the notice mentioned above, the Closing Date shall be extended for a
period of up to thirty (30) days, provided, however, that such extension period shall be
for as short a period as is required by the SELLER to effect such necessary cure to the
title or condition of the Property. SELLER’s diligent, good faith efforts hereunder shall
not require the SELLER to expend more than $10,000, exclusive of sums paid to
discharge mortgages, voluntary monetary liens and/or municipal charges.
8. Failure to Perfect Title or Make The Property Conform:
If at the expiration of the extended time provided in Paragraph 7 above the SELLER shall
have failed so to remove any defects in title, deliver possession or make the premises
conform, as the case may be, all as herein agreed, then any payments made under this
Agreement shall be forthwith refunded and all other obligations of the parties hereto shall
cease and this Agreement shall be void without recourse to the parties hereto.
{A0301577.2 } 3
9. BUYER’s Election to Accept Title:
The BUYER shall have the election, at either the original Closing Date or any extended
Closing Date, to accept such title as the SELLER can deliver to the Property in its then
condition and to pay therefor the Purchase Price without deduction, in which case the
SELLER shall convey such title to Buyer.
10. Acceptance of Deed:
The acceptance and recording of a deed by the BUYER shall be deemed to be the full
performance and discharge of every agreement and obligation herein contained or
expressed, except such as are, by the terms hereof, to be performed after the delivery of
said deed.
11. Use of Purchase Money to Clear Title:
To enable the SELLER to make conveyance as herein provided, the SELLER may, at the
time of delivery of the deed, use the purchase money or any portion thereof to clear the
title of any or all encumbrances or interests, provided that all instruments so procured are
recorded simultaneously with the delivery of said deed or, with respect to institutional
mortgages only, as soon as possible thereafter in accordance with applicable laws and
conveyancing practices.
12. Insurance:
Until recording of the deed, SELLER shall maintain property and liability coverage on
the Property as presently insured.
13. Adjustments:
Water and sewer use charges, and taxes for the then current fiscal year shall be
apportioned as of the day of performance of this Agreement and the net amount thereof
shall be added to or deducted from, as the case may be, the Purchase Price payable by the
BUYER at the time of delivery of the deed.
14. Adjustment of Un-assessed and Abated Taxes:
If the amount of said taxes is not known at the time of the delivery of the deed, they shall
be apportioned on the basis of the taxes assessed for the preceding fiscal year.
15. Deposit:
The Deposit made hereunder shall be held in escrow by the law firm of Anderson &
Kreiger LLP (the “Escrow Agent”) in accordance with the terms and conditions of this
Paragraph 15 and the agreement affixed hereto as Exhibit 1 (the “Escrow Agreement”).
{A0301577.2 } 4
16. BUYER’s Default; Damages:
If the BUYER shall fail to fulfill the BUYER’s agreements herein, all deposits made
hereunder by the BUYER shall be paid to the SELLER as liquidated damages and this
shall be the SELLER's sole and exclusive remedy at law or in equity for any breach of
this Agreement by the BUYER.
17. Maintenance of Improvements:
SELLER agrees to maintain the house and the barn located on the Property in the same
condition as they presently exist as of the date hereof reasonable wear and tear excepted
until the Closing. The parties hereby acknowledge that in the event that the SELLER
fails to maintain the house and barn as set forth herein, the BUYER may pursue all
remedies available in law and in equity, including without limitation specific
performance.
18. SELLER Delivery of Property Documents:
SELLER has delivered to BUYER all environmental reports and assessments relating to
the Property, if any, all geotechnical information and updates of such information relating
to the Property, if any. During the term hereof, SELLER shall deliver such other
documents and information in SELLER’s control as BUYER may reasonably request.
19. Due Diligence Period:
The BUYER shall have a due diligence period of sixty (60) days commencing on the
Effective Date (the “Due Diligence Period”), during which the BUYER shall have full
opportunity to inspect, take measurements, conduct surveys, perform tests, show the
Property to contractors, architects, surveyors, engineers and insurers, and make legal,
engineering and other reviews or investigations of the Property, including, without
limitation, title analysis, environmental site assessments, soil and groundwater tests, well
drilling, percolation tests, property surveys, and evaluations of utilities.
Within thirty (30) days of the commencement of the Due Diligence Period (the “Title
Review Period”), the BUYER shall deliver written notice (the “Title Objection Notice”)
to the SELLER specifying any objections that BUYER may have to any title matters
relating to the Property. Promptly after the receipt of the Title Objection Notice, SELLER
shall use diligent, good faith efforts to address any objections raised by BUYER to
BUYER’s reasonable satisfaction prior to the Closing Date. In the event that, despite
SELLER’s diligent and good faith efforts, SELLER cannot substantially address any
objections as provided above prior to the Closing Date, SELLER’s right to extend the
closing as set forth in Paragraph 7 hereof shall automatically be waived for the matters
identified in the Title Objection Notice.
If BUYER fails to deliver the Title Objection Notice prior to the expiration of the Title
Review Period, BUYER shall be deemed to have waived its rights to object to the status
of the title to the Property, subject however to BUYER’s right to provide a
{A0301577.2 } 5
supplementary Title Objection Notice at any time up to the Closing Date respecting those
defects in title arising after the expiration of the Title Review Period.
The SELLER shall cooperate with the BUYER to give the BUYER access to the Property
during the Due Diligence Period.
Prior to engaging in any test or investigation that could damage any portion of the
premises, BUYER shall give SELLER three (3) business days’ notice and the opportunity
to have a representative or employee of SELLER present during such activity. BUYER
shall use reasonable efforts promptly to repair, at its sole cost and expense, any damage
to the premises caused by such tests or investigations.
If the BUYER is not satisfied in its sole judgment with any of the information obtained
by the BUYER while conducting the due diligence identified above (other than title
objection issues that are controlled by the second and third paragraphs of this section),
then the BUYER shall have the right to terminate this Agreement by written notice to the
SELLER at any time or prior to 5:00 p.m. on the last day of the Due Diligence Period.
20. Title:
It is understood and agreed by the parties that the Property shall not be in conformity with
the title provisions of this Agreement unless:
A. All buildings, structures and improvements, including, but not limited to, any
driveways, garages, fences, septic systems and all means of access to the
Property, are located completely within the boundary lines of said Property
and shall not encroach upon or under the property of any other person or
entity;
B. No building, structure or improvement of any kind belonging to any other
person or entity encroaches upon or under said Property;
C. Title to the Property is insurable at normal title insurance premium rates, for
the benefit of BUYER by a nationally-recognized title insurance company
upon delivery from SELLER to BUYER of the deed contemplated by this
Agreement and upon recordation of such deed, by an owner’s title insurance
policy (on the current ALTA form) insuring fee title in the BUYER free from
all exceptions other than those exceptions set forth in Paragraph 3 or
elsewhere in this Agreement;
D. Certificates of Compliance for any outstanding Orders of Conditions
pertaining to wetlands have been recorded or delivered for recording at
closing.
{A0301577.2 } 6
21. Access:
In addition to the BUYER’s rights set forth in Paragraph 19, the BUYER and its agents
shall have the right of access to the Property prior to the Closing Date for the purpose of
inspecting the condition of the Property.
22. Notices:
All notices required or permitted to be given hereunder shall be in writing and delivered
by hand or sent by Federal Express or other recognized overnight delivery service or by
facsimile (with proof of transmission):
in case of notice to SELLER, to:
Katherine Cormier
[______________]
with a copy to: Alan A. Wrigley
Suite 14
114 Waltham Street
Lexington, MA
Fax: 781.674.9474
in case of notice to BUYER, to: Carl Valente
Town Manager
Town of Lexington
1625 Massachusetts Avenue
Lexington, MA 02420
Fax: 781.861.2921
with copies to: Ryan D. Pace and Stephanie B. Dubanowitz
Anderson & Kreiger LLP
One Canal Park, Suite 200
Cambridge, MA 02141
Tel: 617.621.6551
Fax: 617.621.6651
Any such notice shall be deemed given when so delivered by hand or, if sent by Federal
Express or other recognized overnight delivery service, on the next business day after
deposit with said delivery service, or if by facsimile (with proof of transmission), on the
same business day.
23. REBA Standards:
Any matter or practice arising under or relating to this Agreement that is the subject of a
title or practice standard of the Massachusetts Real Estate Bar Association shall be
{A0301577.2 } 7
governed by such standard to the extent applicable, unless specifically provided
otherwise in this Agreement.
24. Underground Fuel Storage Tanks:
The SELLER warrants and represents that, to the best of the SELLER’s knowledge and
belief, there are no underground fuel storage tanks on the Property. The provisions of this
Section 24 shall survive delivery of the deed.
25. SELLER Delivery of Closing Documents:
The SELLER shall cooperate with the BUYER by executing, acknowledging, swearing
to the truth to the best of their knowledge and belief of the contents and delivering such
instruments as may reasonably and customarily be required by the BUYER’s title
insurance company and/or the BUYER’s attorney in conjunction with the closing.
26. Extensions:
By executing this Agreement, the BUYER and SELLER hereby grant to their respective
attorneys the actual authority to bind them by facsimile for the limited purpose of
allowing them to grant extensions hereunder, and the BUYER and SELLER shall be able
to rely upon the signatures of said attorneys as binding unless they have actual knowledge
that either party has disclaimed the authority granted herein to bind them.
27. Efforts to Cure Title or Condition of the Property:
The SELLER shall use best efforts to deliver the Property and the title thereto as
provided herein by the Closing Date.
28. Suits or Judgments:
The SELLER represents and warrants to the BUYER that the SELLER has no notice or
knowledge of any suits or judgments in relation to the Property. The provisions of this
paragraph shall survive the delivery of the deed for the Property or the early termination
hereof.
29. Brokers:
The SELLER and BUYER each warrant and represent to the other that neither has dealt
with any real estate broker, salesperson, finder, or other person entitled to a commission
or fee in connection with the negotiation or execution of this Agreement or the
consummation of the transaction contemplated hereby. This paragraph shall survive
delivery of the deed for the Property or the early termination hereof.
30. Disclosure of Beneficial Interest Form:
The SELLER will complete the disclosure of beneficial interest form that is attached
hereto as Exhibit 2 as required under G.L. c. 7C, section 38.
{A0301577.2 } 8
31. Municipal Purpose and Approvals:
The BUYER is acquiring the Property for municipal purposes which may include open
space and passive outdoor recreation. The BUYER may elect to acquire the Property
through one or more deeds for portions of the Property running to one or more municipal
entities, boards or commissions, including, without limitation, the Lexington
Conservation Commission, upon notification to the SELLER at least seven (7) days
before the deed or deeds are to be delivered as herein provided. Notwithstanding
anything set forth herein to the contrary, the BUYER's obligations hereunder are
expressly subject to the approval of the Lexington Board of Selectmen and all other
municipal approvals that are required for the purchase of the Property, including a Town
Meeting Vote.
32. SELLER represents that the Property is connected to and served by municipal water and
sewer.
33. Smoke Detectors:
SELLER shall, at the time of the delivery of the deed, deliver a certificate from the Town
of Lexington fire department stating that the Property has been equipped with approved
smoke detectors in conformity with applicable law.
34. Carbon Monoxide Detectors:
SELLER shall provide a certificate from the fire department of the Town of Lexington,
either in addition to or incorporated into the certificate described above, stating that the
Property has been equipped with carbon monoxide detectors in compliance with M.G.L.
c. 148 sec. 26F1/2 or that the Property is otherwise exempted by the statute.
35. SELLER warrants and represents to BUYER that, to the best of SELLER’s knowledge,
SELLER has not installed and has no knowledge of the existence or use of urea
formaldehyde foam insulation (UFFI) in or on the Property.
36. Assignment:
SELLER shall not be entitled to assign any of the rights hereunder, except to entities
controlled by the SELLER, and the BUYER shall be entitled to terminate this Agreement
by written notice to the SELLER in the event of a breach of this Paragraph 37.
37. Buyer Termination:
In the event of any termination of this Agreement by the BUYER as permitted hereunder
or any default by SELLER, then the Deposit made under this Agreement shall be
forthwith refunded in accordance with the Escrow Agreement and all other obligations of
the parties hereto shall cease and this Agreement shall be void without recourse to the
parties hereto.
{A0301577.2 } 9
38. Liability of Trustee, Shareholder, Beneficiary, etc.:
SELLER and BUYER are executing this Agreement in a representative or fiduciary
capacity, only the principal or the estate represented shall be bound; neither the SELLER
nor BUYER so executing, nor any shareholder or beneficiary of any trust, shall be
personally liable for any obligation, express or implied, hereunder.
39. Warranties and Representations:
The BUYER acknowledges that the BUYER has not been influenced to enter into this
transaction nor has the BUYER relied upon any warranties or representations not set
forth or incorporated in this Agreement or otherwise made in writing.
40. Construction of Agreement:
This instrument, executed in multiple counterparts, is to be construed as a Massachusetts
contract, is to take effect as a sealed instrument, sets forth the entire contract between the
parties, is binding upon and enures to the benefit of the parties hereto and their respective
heirs, devisees, executors, administrators, successors and assigns, and may be cancelled,
modified or amended only by a written instrument executed by both the SELLER and
BUYER. The captions and marginal notes are used only as a matter of convenience and
are not to be considered a part of this Agreement or to be used in determining the intent
of the parties to it.
{A0301577.2 } 10
In witness whereof, the parties hereto affix their hands and seals as of the date first set
forth above.
BUYER: SELLER:
TOWN OF LEXINGTON
By:________________________
Carl Valente, Town Manager
Duly authorized
Thomas C. Wright Revocable Trust
Katherine Cormier
Trustee
Sara M. Wright Revocable Trust
Katherine Cormier
Trustee
{A0301577.2 }
Exhibit 1
ESCROW AGREEMENT
WHEREAS, Katherine Cormier, Personal Representative of the estate of Kathleen
Wright, and as Successor Trustee of the Thomas C. Wright Revocable Trust and as Successor
Trustee of the Sara M. Wright Revocable Trust, having full authority under the respective Trusts
to enter into this Agreement and having an address of 241 Grove Street, Lexington,
Massachusetts 02420 (the “Seller”), as seller, and The Town of Lexington, by and through its
Board of Selectmen, having an address of 1625 Massachusetts Avenue, Lexington,
Massachusetts 02420 (“Buyer”), as buyer, entered into that certain Purchase and Sale Agreement
dated as of ____________ (the “Agreement”) for the real property known and numbered as 241
Grove Street, Lexington, Massachusetts (the “Property”);
WHEREAS, the Agreement calls for the deposit of $1,000 of the purchase price (the
“Escrow Sum”) to be placed in escrow;
NOW THEREFORE, in exchange for the mutual promises contained herein, and for
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree to escrow the Escrow Sum as follows:
1. Buyer, Seller and the Escrow Agent agree to comply with the terms of the Agreement and
this Escrow Agreement related to the Escrow Sum for the purposes hereof.
2. The Escrow Sum shall be retained by the Escrow Agent in a non-interest bearing escrow
account, and it shall be held in accordance with the terms set forth below:
a) In the event of a dispute relating to the Escrow Sum, the Escrow Agent shall retain all or
any portion of the Escrow Sum pending the receipt of written instructions agreed to and
signed by Seller and Buyer or receipt of a court order directing the distribution of the
Escrow Sum after all appeals therefrom have been taken or appeals periods relating
thereto have expired. In the alternative, the Escrow Agent may resign at any time by
transferring the Escrow Sum to a successor escrow agent reasonably acceptable to Seller
and Buyer, which successor agrees in writing to act as escrow agent.
b) Buyer and Seller jointly and severally agree to indemnify and hold the Escrow Agent
harmless for any and all costs and expenses, including reasonable attorney’s fees,
incurred in connection with any dispute concerning the Escrow Sum.
c) The duties and responsibilities of the Escrow Agent shall be limited to those expressly set
forth herein and in the Agreement, and the Escrow Agent shall not be subject to, nor
obligated to recognize, any other agreement between, or direction or instructions of, any
or all of the parties hereto.
d) The Escrow Agent, in its sole discretion, may institute legal proceedings of any kind,
including, but not limited to, a legal proceeding in any court of competent jurisdiction, to
determine the obligations of the parties hereunder and to deposit the Escrow Sum in such
{A0301577.2 } 12
court; and upon such deposit and institution of legal proceedings, the duties of the
Escrow Agent shall be fully terminated and the Escrow Agent shall be fully discharged
from all such duties. The Escrow Agent shall not be required to institute or defend any
administrative, arbitral, judicial or other action or legal process involving any matter
referred to herein which in any manner affects it or its duties or liabilities hereunder
unless and until it has received full indemnity as it shall in its sole discretion require
against any and all claims, liabilities, judgments, attorneys' fees and other costs and
expenses of any and every kind in relation thereto.
e) In taking any action hereunder, the Escrow Agent shall be protected and may rely upon
any notice, paper or document or signature believed by it to be genuine or upon any
evidence deemed by it to be sufficient. In no event shall the Escrow Agent be liable for
any act performed or omitted to be performed by it hereunder in the absence of gross
negligence or willful misconduct, and in no event shall it be liable or responsible for any
failure of any banking institution in which the Escrow Sum is deposited to pay such
Escrow Sum at the Escrow Agent's direction.
f) The Escrow Agent shall not be under a duty to give the property held hereunder a greater
degree of care than the Escrow Agent gives its own similar property.
g) The rights and immunities of the Escrow Agent hereunder shall apply equally to its
partners, of counsel, associates, employees, affiliates and agents.
h) Seller and Buyer agree that Anderson & Kreiger LLP's status as Escrow Agent shall not
affect its ability to act as Buyer’s counsel in the event a dispute arises regarding the
Escrow Sum, or any other dispute under this Escrow Agreement or with respect to the
sale of the Property, and Seller and Buyer hereby waive any current or future conflict of
interest which may result from the same.
i) This Agreement sets forth exclusively the duties of Escrow Agent with respect to any and
all matters pertinent hereto and no implied duties or obligations shall be read into this
Escrow Agreement against Escrow Agent.
3. The Escrow Sum will be deposited in Escrow Agent’s non-interest-bearing IOLTA account.
4. Any capitalized terms that are not specifically defined herein shall have the meanings
attributed to them in the Agreement.
[The remainder of this page has been intentionally left blank.]
{A0301577.2 } 13
This document is executed under seal as of this __ day of ____, 2015.
BUYER: SELLER:
TOWN OF LEXINGTON
By:______________________________
Carl Valente, Town Manager
Thomas C. Wright Revocable Trust
Katherine Cormier
Trustee
Sara M. Wright Revocable Trust
Katherine Cormier
Trustee
ANDERSON & KREIGER LLP, as Escrow Agent
__________________________
By:
{A0301577.2 }
Exhibit 2
DISCLOSURE STATEMENT FOR
TRANSACTION WITH A PUBLIC AGENCY CONCERNING REAL PROPERTY
M.G.L. c. 7C, s. 38 (formerly M.G.L. c. 7, s. 40J)
The undersigned party to a real property transaction with a public agency hereby discloses and
certifies, under pains and penalties of perjury, the following information as required by law:
(1) REAL PROPERTY: 241 Grove Street, Lexington, MA
(2) TYPE OF TRANSACTION, AGEEMENT, or DOCUMENT: Sale of property
(3) PUBLIC AGENCY PARTICIPATING in TRANSACTION: Town of Lexington, acting
on behalf of its Board of Selectmen
(4) DISCLOSING PARTY’S NAME AND TYPE OF ENTITY (IF NOT AN INDIVIDUAL):
(5) ROLE OF DISCLOSING PARTY (Check appropriate role):
_____Lessor/Landlord _____Lessee/Tenant
__X___Seller/Grantor _____Buyer/Grantee
_____Other (Please describe):_______________________________________
(6) The names and addresses of all persons and individuals who have or will have a direct or
indirect beneficial interest in the real property excluding only 1) a stockholder of a corporation
the stock of which is listed for sale to the general public with the securities and exchange
commission, if such stockholder holds less than ten per cent of the outstanding stock entitled to
vote at the annual meeting of such corporation or 2) an owner of a time share that has an
interest in a leasehold condominium meeting all of the conditions specified in M.G.L. c. 7C, s.
38, are hereby disclosed as follows (attach additional pages if necessary):
NAME RESIDENCE
(7) None of the above- named persons is an employee of the Division of Capital Asset
Management and Maintenance or an official elected to public office in the Commonwealth of
Massachusetts, except as listed below (insert “none” if none): None
DISCLOSURE STATEMENT FOR
{A0301577.2 } 15
TRANSACTION WITH A PUBLIC AGENCY CONCERNING REAL PROPERTY
M.G.L. c. 7C, s. 38 (formerly M.G.L. c. 7, s. 40J)
(8) The individual signing this statement on behalf of the above-named party acknowledges that
he/she has read the following provisions of Chapter 7C, Section 38 (formerly Chapter 7, Section
40J) of the General Laws of Massachusetts:
No agreement to rent or to sell real property to or to rent or purchase real property from
a public agency, and no renewal or extension of such agreement, shall be valid and no
payment shall be made to the lessor or seller of such property unless a statement,
signed, under the penalties of perjury, has been filed by the lessor, lessee, seller or
purchaser, and in the case of a corporation by a duly authorized officer thereof giving the
true names and addresses of all persons who have or will have a direct or indirect
beneficial interest in said property with the commissioner of capital asset management
and maintenance. The provisions of this section shall not apply to any stockholder of a
corporation the stock of which is listed for sale to the general public with the securities
and exchange commission, if such stockholder holds less than ten per cent of the
outstanding stock entitled to vote at the annual meeting of such corporation. In the case
of an agreement to rent property from a public agency where the lessee’s interest is held
by the organization of unit owners of a leasehold condominium created under chapter
one hundred and eighty-three A, and time-shares are created in the leasehold
condominium under chapter one hundred and eighty-three B, the provisions of this
section shall not apply to an owner of a time-share in the leasehold condominium who (i)
acquires the time-share on or after a bona fide arms length transfer of such time-share
made after the rental agreement with the public agency is executed and (ii) who holds
less than three percent of the votes entitled to vote at the annual meeting of such
organization of unit owners. A disclosure statement shall also be made in writing, under
penalty of perjury, during the term of a rental agreement in case of any change of
interest in such property, as provided for above, within thirty days of such change.
Any official elected to public office in the commonwealth, or any employee of the division
of capital asset management and maintenance disclosing beneficial interest in real
property pursuant to this section, shall identify his position as part of the disclosure
statement. The commissioner shall notify the state ethics commission of such names,
and shall make copies of any and all disclosure statements received available to the
state ethics commission upon request.
The commissioner shall keep a copy of each disclosure statement received available for
public inspection during regular business hours.
(9) This Disclosure Statement is hereby signed under penalties of perjury.
PRINT NAME OF DISCLOSING PARTY (from Section 4, above)
___________________________________________________________________
AUTHORIZED SIGNATURE of DISCLOSING PARTY DATE (MM / DD / YYYY)
_______________________________________________________________________
PRINT NAME & TITLE of AUTHORIZED SIGNER
DISCLOSURE STATEMENT FOR
TRANSACTION WITH A PUBLIC AGENCY CONCERNING REAL PROPERTY
{A0301577.2 } 16
M.G.L. c. 7C, s. 38 (formerly M.G.L. c. 7, s. 40J)
INSTRUCTION SHEET
NOTE: The Division of Capital Asset Management and Maintenance (DCAMM) shall have no
responsibility for insuring that the Disclosure Statement has been properly completed as required by law.
Acceptance by DCAMM of a Disclosure Statement for filing does not constitute DCAMM’s approval of this
Disclosure Statement or the information contained therein. Please carefully read M.G.L. c. 7C, s. 38
which is reprinted in Section 8 of this Disclosure Statement.
Section (1): Identify the real property, including its street address, and city or town. If there is no street
address then identify the property in some other manner such as the nearest cross street and its tax
assessors’ parcel number.
Section (2): Identify the type of transaction to which this Disclosure Statement pertains --such as a sale,
purchase, lease, etc.
Section (3): Insert the exact legal name of the Public Agency participating in this Transaction with the
Disclosing Party. The Public Agency may be a Department of the Commonwealth of Massachusetts, or
some other public entity. Please do not abbreviate.
Section (4): Insert the exact legal name of the Disclosing Party. Indicate whether the Disclosing Party is
an individual, tenants in common, tenants by the entirety, corporation, general partnership, limited
partnership, LLC, or other entity. If the Disclosing Party is the trustees of a trust then identify the trustees
by name, indicate that they are trustees, and add the name of the trust.
Section (5): Indicate the role of the Disclosing Party in the transaction by checking one of the blanks. If
the Disclosing Party’s role in the transaction is not covered by one of the listed roles then describe the
role in words.
Section (6): List the names and addresses of every legal entity and every natural person that has or will
have a direct or indirect beneficial interest in the real property. The only exceptions are those stated in the
first paragraph of the statute that is reprinted in Section 8 of this Disclosure Statement. If the Disclosing
Party is another public entity such as a city or town, insert “inhabitants of the (name of public entity).” If
the Disclosing Party is a non-profit with no individual persons having any beneficial interest then indicate
the purpose or type of the non-profit entity. If additional space is needed, please attach a separate sheet
and incorporate it by reference into Section 6.
Section (7): Write “none” in the blank if none of the persons mentioned in Section 6 is employed by
DCAMM. Otherwise list any parties disclosed in Section 6 that are employees of DCAMM.
Section (8): The individual signing this statement on behalf of the Disclosing Party acknowledges that
he/she has read the included provisions of Chapter 7C, Section 38 (formerly Chapter 7, Section 40J) of
the General Laws of Massachusetts.
Section (9): Make sure that this Disclosure Statement is signed by the correct person. If the Disclosing
Party is a corporation, please make sure that this Disclosure Statement is signed by a duly authorized
officer of the corporation as required by the statute reprinted in Section 8 of this Disclosure Statement.
This completed and signed Disclosure Statement should be mailed or otherwise delivered to:
Deputy Commissioner for Real Estate
Division of Capital Asset Management and Maintenance
One Ashburton Place, 15th Floor, Boston, MA 02108
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
PRESENTER:
Joe Pato
ITEM NUMBER:
I.9
AGENDA ITEM TITLE:
Approve Farmers’ Market Winery License (5 min.)
SUMMARY:
Charlton Orchards has applied for a special license to sell and serve samples of wine at the Lexington
Farmers’ Market for the 2015 season.
RECOMMENDATION / SUGGESTED MOTION:
Motion to approve and sign a special license for Charlton Orchards to sell/serve wine at the Lexington
Farmers’ Market from May 26, 2015 through October 27, 2015 only on Tuesdays from 2:00 p.m. to 6:30
p.m.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
6/1/2015 8:15 PM
ATTACHMENTS:
Description Type
Charlton Orchards Application Backup Material
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
PRESENTER:
Joe Pato
ITEM NUMBER:
I.10
AGENDA ITEM TITLE:
Approve Sunday Entertainment License for Fiesta Shows/Lions Club (5 min.)
SUMMARY:
Since the Carnival will be in operation on a Sunday this year, they need a "Public Entertainment on Sunday"
License. Attached is the application/license for your approval.
RECOMMENDATION / SUGGESTED MOTION:
Motion to approve and sign the Request for Public Entertainment on Sunday for the July 4th Carnival to be
held on Sunday, July 5, 2015.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
6/1/2015 8:20 PM
ATTACHMENTS:
Description Type
Carnival Application/License for Sunday
Entertainment Backup Material
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
PRESENTER:
Joe Pato
ITEM NUMBER:
I.11
AGENDA ITEM TITLE:
Approve Limousine License Renewals (5 min.)
SUMMARY:
R&M Ride has provided the necessary paperwork to renew their one Limousine License. A CORI check for
came back with no information. This renewal is for the period May 1, 2015 through May 1, 2016. The limo
has been inspected by the Police Department.
RECOMMENDATION / SUGGESTED MOTION:
Motion to approve the application and issue one (1) Limousine License to R&M Ride, 24 Deering Avenue.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
6/1/2015 8:25 PM
ATTACHMENTS:
Description Type
R&M Ride Limo Application Backup Material
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
PRESENTER:
Joe Pato
ITEM NUMBER:
I.12
AGENDA ITEM TITLE:
Selectmen Committee Reappointments - LexHAB (5 min.)
SUMMARY:
Lexington Housing Assistance Board
The terms for Dave Eagle, Bill Hays and Martha Wood expired May 31, 2015. They all would like to be
reappointed and the Chairman requested they be reapponted also.
RECOMMENDATION / SUGGESTED MOTION:
Motion to reappoint David Eagle, William Hays and Martha Wood to the Lexington Housing Assistance
Board for terms to expire May 31, 2018.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
6/1/2015 8:30 PM
ATTACHMENTS:
Description Type
Current Member List for LexHAB Backup Material
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
PRESENTER:
Joe Pato
ITEM NUMBER:
I.13
AGENDA ITEM TITLE:
New Selectmen Emails and Technical Support (10 min.)
SUMMARY:
The Selectmen have recently been provided with a Town e-mail. This will be the Board's opportunity
to discuss how and when the e-mails will be used and to answer any questions or concerns.
The e-mail addresses for the board are:
jpato@lexingtonma.gov Joe Pato•
pkelley@lexingtonma.gov Peter Kelley•
ncohen@lexingtonma.gov Norm Cohen•
mciccolo@lexingtonma.gov Michelle Ciccolo•
sbarry@lexingtonma.gov Suzie Barry•
The board will also be receiving Town-issued tablet devices for access to the new electronic meeting
document management system and for access to Town e-mail. These tablets are the standard issue
configuration used by the Town and can be repurposed for other Town use should board members determine
they don't need them.
RECOMMENDATION / SUGGESTED MOTION:
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
6/1/2015 8:35 PM
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
PRESENTER:
Joe Pato
ITEM NUMBER:
C.1
AGENDA ITEM TITLE:
Commitment of Water and Sewer Charges
SUMMARY:
See attached request for commitments of water and sewer.
RECOMMENDATION / SUGGESTED MOTION:
Motion to approve the water and sewer commitments as shown.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
6/1/2015 8:45 PM
ATTACHMENTS:
Description Type
Commitment of Water and Sewer Charges Backup Material
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
PRESENTER:
Joe Pato
ITEM NUMBER:
C.2
AGENDA ITEM TITLE:
Authorize the Chairman to Approve Lowering the Battle Green Flag
SUMMARY:
In case there is not time to request the lowering of the Battle Green flag at a Selectmen's Office, the
Chairman would be authorized to approve lowering the Battle Green flag as necessary following the policy.
RECOMMENDATION / SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
6/1/2015 8:45 PM
ATTACHMENTS:
Description Type
Policy for Lowering the Flag on the Battle Green
Flag Cover Memo
BOARD OF SELECTMEN POLICY
LOWERING THE FLAG ON THE BATTLE GREEN
Date Approved by BOS: Signature of Chair:
November 28, 2005 Jeanne K. Krieger
The flag on the Battle Green shall be lowered at the direction of the Board of Selectmen from
sunrise to sunset on the day of the funeral or service for:
Those currently serving in the Armed Services
Veterans of the Armed Services
Employees and former employees of the Town
Current and former officials of the Town (elected or appointed)
Others at the discretion of the Selectmen or at the request of the Governor of
Massachusetts or the President of the United States
The Board of Selectmen may increase the period of time depending upon particular
circumstances.
The flag should be lowered only if the request to the Department of Public Works comes directly
from the Selectmen's Office.
Policy approved by the Board of Selectmen on November 28, 2005.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
PRESENTER:
Carl F. Valente, Town
Manager
ITEM
NUMBER:
E.1
AGENDA ITEM TITLE:
Exemption 3 and 6: School Department Collective Bargaining Update; Consider Purchase, Exchange, Lease
or Value of Real Property (30 min.)
SUMMARY:
Suggested Motion by Chair for Executive Session: I move that the Board go into Executive Session to
discuss strategy with respect to collective bargaining with the Teacher's union; and to consider the
purchase, exchange, lease or value of real property; and to reconvene in Open Session only to adjourn.
Further, as Chairman I declare that an open meeting discussion may have a detrimental effect on the
bargaining and negotiating position of the Town.
The School Committee has requested that the Town Manager update the Selectmen on the status of their
collective bargaining negotiations with the Teacher's union.
The Town Manager will brief the Board on two parcels of land available for potential purchase.
RECOMMENDATION / SUGGESTED MOTION:
NA
FOLLOW-UP:
Town Manager
DATE AND APPROXIMATE TIME ON AGENDA:
6/1/2015 8:50 PM
ATTACHMENTS:
Description Type
Parcel 1 Exhibit