HomeMy WebLinkAbout2021-12-06 SB Packet - Released SELECT BOARD MEETING
Monday, December 6, 2021
Conducted by Remote Participation*
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 2 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 Select Board's Office at 781-698-
4 5 8 0 if they wish to speak during public comment to assist the Chair in managing meeting times.
SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS
1. Select Board Member Concerns and Liaison Reports
TOWN MANAGER REPORT
CONSENT AGENDA
1. Approve Select Board Meeting Minutes
2. Annual License Renewals
3. Battle Green Use Request- Lexington Minute Men Musket Drill
4. Approve Tax Bill Insert- Property Tax Deferral Program
5. Select Board Committee Appointment& Resignations
6. Select Board Committee Appointment Term Corrections
7. Battle Green Use/Walk Request- Martin Luther King Jr. Day
8. Water and Sewer Commitments
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Acceptance of Land Donation- 359 Lincoln Street 7:10pm
2. Presentation- Hobbs Brook Real Estate LLC Preliminary Site Development and 7:15pm
Use Plan(P S DUP) - 95/99 Hayden Avenue
3. Presentation- Harrington Road/Bedford Street Intersection Design 7:45pm
4. Update on Cedar Street Sidewalk 8:15pm
5. Establish 2022 Annual Town Meeting and Annual Town Election Dates 8:45pm
6. Review and Approve Affordable Housing Trust Study Committee Appointments 8:50pm
7. Verizo n Cable Television Renewal License 9:05p m
ADJOURN
1. Anticipated Adjournment 9:25pm
*An Act Extending Certain C O VID-19 Measures: http s://www.mas s.gov/s ervic e-details/up dated-
guidance-on-holding-meetings-pursuant-to-the-act-extending-certain-covid-19-measures
Members of the public can view the meeting webinar from their computer or tablet by
clicking on the following link at the time of the meeting:
https://us06web.zoom.us/j/99409504250?pwd=aHl3ZOlKN3p2KOtQ S GZmWndZUlNxdz09
iP ho ne one-tap:
+13126266799„99409504250# or+192943628661199409504250#
Telephone:+1 312 626 6799 or+1929 436 2866 or+1 301 715 8592 or+1 346 248 7799 or+1 669
900 6833 or+1 253 215 8782
Webinar ID: 994 0950 4250
Passcode: 390374
The next scheduled work session of the Select Board will be held on Monday, December 13, 2021
at 7:OOp m via remote participation.
The next regularly scheduled meeting of the Select Board will be held on Monday, December 20,
2021 at 7:OOpm via remote participation.
Hearing Assistance Devices Available on Request
All agenda time and the order of items are approximate and Leiqedil"a
subject to change. Recorded by LexMedia
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Select Board Member Concerns and Liaison Reports
PRESENTER:TER• ITEM
S
NUMBER:
Select Board Members
LR.1
SUMMARY:
Please see the attached Select Board Member Concerns and Liaison Reports for the December 6, 2021
meeting. Under this item, Select Board Members can also comment on any additional points and c o nc erns.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
12/6/2021
ATTACHMENTS:
Description Type
F) Select Boar '..)rwenis an.c. 1....,iaison Reports,,,,,Decernber 6, 021 Baickup Material
Select Board Concerns and liaison Reports- December 6, 2021
Joe Pato:
Sustainable Lexington Committee
• The Sustainable Lexington Committee (SLC)would like to present its proposed article to
implement a Building Energy Use Disclosure (BEU-D) program.The SLC informed the Select
Board about its plans to submit this article in a memo dated August 24. Since that time,they
have been refining the article language and collecting feedback from building owners and EDAC
members.The SLC is planning to meet on December 14 to formally approve the language for the
article. Draft language for the warrant is provided below.
AMEND GENERAL BYLAW- REPORTING, DISCLOSING,AND ASSESSING THE
ENERGY AND WATER USE OF LARGE BUILDINGS.
Warrant wording:
To see if the Town will vote to add a new Chapter to the Town's Code of Bylaws requiring
the reporting and disclosure of large building energy use, requiring assessments based on
energy use, to set forth the terms and scope of such regulations or restrictions, including
exemptions or waivers to the same, and further to see if the Town will vote to appropriate a
sum of money to administer the reporting and disclosure of the large building energy use; or
take any action related thereto.
MassDOT Route 128/Interstate 95 Land Use and Transportation Study Working Group
• 1 attended the first meeting of the working group where MassDOT outlined the objectives for
the study.The process is anticipated to take about 2 years and produce a report on the 20-year
outlook for the corridor.The project fact sheet can be found at:
https://www.mass.gov/doc/route-128i-95-project-fact-sheet/download
The project study area extends northward to just past the Mass Ave overpass at 195. 1 pointed
out that Lexington has recently rezoned the Hartwell Avenue commercial district and we
anticipate a significant increase in density in this area that would put more pressure on the
study area corridor. I suggested that it would be good to extend the scope of the study to reach
exit 49—the Bedford St. overpass and encompass new development in the Hartwell area.This
was underscored by Rep Ciccolo who also pointed out that Lincoln Labs and Hanscom are both
expanding and creating more development in the area.
The study will establish the future land use, housing, and economic development assumptions
for the segment of Route 128/1-95 between Newton and Lexington.The study will develop and
analyze alternatives, present policy and infrastructure recommendations and develop an
implementation plan to advance this corridor into the future.
Study Goals include:
o Improve Access, Safety, and Mobility for All
o Support Strategic Land Use and Economic Vitality
o Advance Social Equity Throughout
o Contribute Environmental and Health Benefits
o Develop Recommendations with Lasting Benefits
The Working Group will be receiving "homework" to rank objectives relative to each goal. After
receiving this, I will send out e-mail to Board Members who are welcome to advise me on your
personal sense of how to rank these so I can consider how to formulate my input to the working
group. I will also be sending the same material to staff members identified by Mr. Malloy.
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Approve Select Board Meeting Minutes
PRESENTER:TER• ITEM
S
NUMBER:
Jill Hai, S elect Board Chair
C.1
SUMMARY:
The Select Board is being asked to approve the Select Board meeting minutes of:
• September 27, 2021
• October 12, 2021
• October 25, 2021
• November 1, 2021
• November 5, 2021
• November 8, 2021
• November 9, 2021
• November 15, 2021
• November 16, 2021
SUGGESTED MOTION:
To approve and release the Select Board meeting minutes of:
• September 27, 2021
• October 12, 2021
• October 25, 2021
• November 1, 2021
• November 5, 2021
• November 8, 2021
• November 9, 2021
• November 15, 2021
• November 16, 2021
Move to approve the consent.
FOLLOW-UP:
Select Board Office
DATE AND APPROXIMATE TIME ON AGENDA:
12/6/2021
ATTACHMENTS:
Description Type
F) DRAFT Select Ik)ard.rrx-.,etin.g rninUtes 09.27.21. 1,3ackup Material
.., Se ect I.k)ard rne;eting minutes 10.12.21 I-3ackup Material D DRA!"I"S I
F) DR.A.17"I'Select I k)ard tyl."e-ting rninutes 10.25.21 1 3(ackup Vlaterial
F) DRA FF Sele(..,,t I..-.k)a,rd nielefing rnin utes 11.0 1.21 I.3a(..,,kup IVIlaterial
F) DRAFTSalsa,I.-k.mr(J.rneeting mitrutes 1.1.05.211 Backup Materia l
F) DR.A.1717 Select RI)ard r.rx-.etlin.g rninutes 11.08.21 BackLIP material
D DRA 1:T S, ele(..,,-(.1.3(..)ar(,,l m(,,.,;efin.g rylin utes 11.09.21 1.1,ickup IVIlaterial
F) DRAFT Select Ek)ard rneeting mirmtes 1111.15.21 11,icku l[kater„al
SELECT BOARD MEETING
September 27,2021
A remote participation meeting of the Lexington Select Board was called to order at 6:35 p.m. on
Monday, September 27, 2021 via Zoom remote meeting services. Select Board Chair Ms. Hai; Vice Chair
Mr. Lucente; and members Mr. Pato; Ms. Barry; and Mr. Sandeen were present, as well as Mr. Malloy,
Town Manager; Ms. Axtell, Assistant Town Manager; and Ms. Katzenback, Executive Clerk.
Ms. Hai stated that the meeting was being conducted via Zoom as posted,with the agenda on the Town's
website. Ms. Hai provided directions to members of the public, watching or listening via the Zoom
application,regarding the procedure for making a public comment. Ms. Hai reminded Board members,
staff, and members of the public about Lexington's Standard of Conduct regarding civil discourse during
Town Government meetings.
Note: The meeting was originally scheduled to enter Executive Session but as there was a question about
applicability, Mr. Malloy will instead ask one or two Select Board members to work with him and
planning staff on negotiating a Preliminary Site Development and Use Plan(PSDUP). For further details,
see below in the Town Manager Report.
TOWN MANAGER REPORT
Mr. Malloy reported that he will preside over his final International City/County Management
Association(ICMA)Board meeting as President this week, September 30 and October 1,2021. The
following Monday, Tuesday, and Wednesday, he plans to attend the ICMA conference in Portland,
Oregon.
Mr. Malloy reported that 90.8% of all Lexington residents over the age of 12 years have been fully
vaccinated. 97.85%have had at least one shot;this number is rising about 2.2 percentage points every
week.
Mr. Malloy said that the new pay-by-phone parking app has been used 150 times in the two days since it
was launched. The Town will assess the need to improve or revise the program after 30 days. Mr. Pato
asked Mr. Malloy to check to see if parking and vehicle charging fees for electric vehicles are combined
into a single transaction as planned.
Mr. Malloy stated that he is almost ready to report back to the Board about the status of the Board's two-
year goalsetting initiative. He has asked three departments for additional information to complete the
report and he will include the update at the next Select Board meeting in the Town Manger Report.
Regarding the cancelled Executive Session,Mr. Malloy reported he has been approached by a Lexington
property owner with a 36-acre campus. There are a number of buildings on the property dating back to the
1960s. The owner was granted a PSDUP in the early 2000s; this was controversial because the property
borders on a residential neighborhood as well as a wetland habitat. The owner has revised his/her thinking
and hopes also to be able to revise the elements of the PSDUP with an eye to removing older buildings
and constructing new ones sustainably. Mr. Malloy requested two Select Board members to assist him
and staff with negotiations for a new PSDUP. He hopes to bring a new proposal back to the full Board for
approval before Annual Town Meeting 2022. Mr. Sandeen and Mr. Pato volunteered to work on this
initiative.
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SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS
Ms. Barry asked for an agenda item be added to a future meeting so that the Select Board, the School
Committee, and the Recreation Committee could discuss the siting for the new high school. She noted
that some Recreation projects may need to be reconsidered or revised.
Mr. Malloy reported that DPW Director Dave Pinsonneault is currently overseeing the work of a
surveying company that is sorting out jurisdiction issues within the high school campus. Mr. Malloy said
the campus is composed of number of smaller parcels that have been cobbled together. He plans to meet
with the surveyors in the coming days and he will forward copies of the resulting survey plan to Board
members.
DOCUMENTS: Select Board Concerns and Liaison Reports September 27, 2021
CONSENT AGENDA
Mr. Lucente asked that agenda item#3 be removed due to an important change.
1. Approve and Sign Proclamations
To approve and sign a proclamation recognizing the month of October annually as Domestic Violence
Awareness Month.
To approve and sign a proclamation recognizing the month of October annually as Dyslexia Awareness
Month.
To approve and sign a proclamation declaring the first Tuesday in October as Local Food Day.
DOCUMENTS: 2021 Domestic Violence Awareness Month Proclamation; 2021 Dyslexia Awareness
Month Proclamation; 2021 Local Food Day Proclamation.
2. Approve One-Day Liquor Licenses
To approve two One-Day Liquor Licenses for Spectacle Management to serve beer and wine in the lobby
of Cary Memorial Building, 1605 Massachusetts Avenue, for the purpose of the two events as follows:
An Evening with Chris Thile on Saturday, October 9, 2021 from 7:30pm to 10:30pm and the Wallflowers
on Saturday,November 6, 2021 from 8:00pm to 11:00pm.
To approve a One-Day Liquor License for the Lexington Retailers Association for the purpose of serving
beer in a beer garden within a cordoned off area at the end of Muzzey Street at Massachusetts Avenue
during Lexington ReDiscovery Day on Saturday, October 9,2021 from 11:3 Dam to 3:3 0pm.
*The location for the Lexington ReDiscovery Day beer garden is subject to modification as may be required by
Department of Public Works and Town Engineering up to the time of the event due to potential work for the Center
Streetscape Project.
DOCUMENTS: LRA Lexington ReDiscovery Day Beer Garden Location Map; LRA Lexington
ReDiscovery Day Beer Garden Procedures for Serving Alcohol
3. Select Board Committee Reappointments-REMOVED from consent to address a correction.
4. Select Board Member Appointment to State Special Commission for the Celebration of the
2501h Anniversary of the American Revolution
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To appoint Select Board Member Suzie Barry to the State Special Commission to investigate and study
the promotion and celebration of the 250th anniversary of the American Revolution.
DOCUMENTS: Appointment Request Letter State Special Commission doe the Celebration of the 250'
Anniversary of the American Revolution
5. Approve Select Board Meeting Minutes
To approve and release the Select Board meeting minutes of:
• June 14,2021
• August 23, 2021
• August 30, 2021
VOTE: Upon a motion duly made and seconded,the Select Board voted 5-0 by roll call to approve items
1,2A5 of the Consent Agenda.
DOCUMENTS: DRAFT Select Board Meeting Minutes June 14, 2021; DRAFT Select Board Meeting
Minutes August 23, 2021; DRAFT Select Board Meeting Minutes August 30, 2021
Select Board Committee Reappointments (removed from Consent Agenda for correction)
Mr. Lucente reported that he received word today that one of the members of the Tourism Committee
whose reappointment was postponed due to noncompliance with Ethics training actually did complete
training on September 2, 2021. He asked that the name of the candidate be reinstated on the
reappointment approval list. Ms. Katzenback said the Select Board office has received confirmation of
this training and the office was able to correct the approval list included in the Meeting Packet.
VOTE: Upon a motion duly made and seconded,the Select Board voted 5-0 to approve the attached list
of board and committee re-appointments.
PUBLIC COMMENTS
Dawn McKenna, 9 Hancock Street, said she supports the concept of a 360 Town Manager's review and
asked the Board to consider including gathering insight from committee/board chairs.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Introduction of Joanne Belanger,Director of Public Health
Mr. Malloy introduced Ms. Belanger saying she comes to Lexington with an impressive 30 years in
municipal Public Health, serving most recently in Lowell as Director of Health and Human Services.
Ms. Belanger said the majority of her career was in the Town of Andover,MA. She has experience
working on environmental health issues and clinical and community nursing. Having served in these
various capacities, she believes her biggest passions lie in public health.
DOCUMENTS: Joanne Belanger cover memo.
2. Update on MIT Lincoln Laboratory Expansion Project
Mr. Menadue, Director of Capital Projects at MIT Lincoln Lab,reported that MIT/Lincoln Lab is
3
undergoing a three-phase physical plant modernization plan for its facility that was created on the 1950s.
Most of the modernization design has been done in-house and the early-phase construction will be
executed by the Army Corps of Engineers with Air Force military construction("MilCon") funding.
There are currently about 4000 MIT employees at this secure location whose single client is the
Department of Defense (DoD). The work is underwritten by a little over $1 B in research funding. The
number of Lexington residents working at MIT/Lincoln Lab has more than doubled over the past 5 years
from about 60 to 139.
The areas of focus for this research and development work are,basically, nano technologies, such as
microchips; and rapid prototyping which Mr. Menadue explained is used in larger models that include
nano technological within their systems. Once a prototype is developed and the DoD wants more built,
MIT/Lincoln Labs transfers the technology out to the winning bidder for manufacture.
Given that a recent DoD assessment of the MIT/Lincoln Lab facilities showed leaking roofs, structural
issues, and unsafe space constraints, MIT/Lincoln Labs must upgrade its facilities or risk losing DoD
contracts.
The first of the three-phase modernization plan started in 2015 and focused on stabilization of immediate
repairs, some of which were major. A long-term monetization plan will replace remaining 14 buildings
over a 25-year period via funding obtained through a fee for each program. This will ensure that every
few years, another building gets built.
Mr. Menadue noted that much of the large-scale construction will take place on land owned by adjacent
Hanscom Air Force Base. To build new buildings that will eventually replace older buildings,unutilized
land will be opened up. Mr. Menadue stated that challenges for this project include electrical and
mechanical capacities as well as adequate parking.
Mr. Krawczyk, also of MIT Lincoln Lab, explained how project development funding flows normally,
stating that about half of the funds go through Lincoln Lab to the subcontractors of each project.
Ms. Barry, Lexington's representative to Hanscom Area Towns (HATS) asked if there is direct access
from MIT/Lincoln Lab to the Base. Mr. Menadue and Mr. Krawczyk replied that,with clearance,
employees can walk between the two properties but the internal access road was closed some time ago.
Ms. Barry asked that HATS towns be informed of heavy trucking coming through their communities,
given the demolition and construction expected over the coming years. Mr. Menadue stated that no trucks
can enter through the MIT access road; all construction traffic must come through the Vandenburg Gate
off route 2A. Ms. Barry received assurances that air-borne demolition dust will be kept below unhealthy
levels.
Ms. Barry asked what permitting process the non-MilCon projects will go through. Mr. Menadue said the
projects need to go through many permitting authorities, including environmental assessment;
electricity/utilities permitting, and Hanscom AFB civil engineering code enforcement.
Ms. Barry noted an additional road near Wood Street in the site plan map. Mr. Menadue said he has been
hoping to find a way to fund this additional road because traffic studies show it would take MIT traffic off
Wood Street and alleviate traffic congestion that builds up there. There is no plan at this time to construct
such a road but he would like to discuss the possibility with the Town. Ms. Barry said if this element of
the plan comes to pass,the adjacent neighborhoods will no doubt have input to express.
Ms. Barry asked if all 4000 employees are working onsite or if some working remotely. Mr. Krawczyk
4
believes that the number onsite currently is about 1300 because most are working remotely. The Lab is
studying a remote working plan which Mr. Menadue said was still in its infancy because many employees
need access to hardware only available onsite. He further noted that until the modernization construction
plan is carried out, work space will be very tight. A return-to-the-worksite plan,however, is targeted for
early 2022. It was noted that there is no expectation of additional employees in the Master Plan.
Ms. Barry asked for Mr. Menadue and Mr. Krawczyk to present this information and some deeper
analysis at a HATS meeting in the future.
Ms. Hai asked the representatives to consider whether the MIT/Lincoln Lab shuttle bus between MIT and
Lexington could accommodate non-employees in either direction as a way to transport commuters
without adding single occupancy vehicles to the roads.
Mr. Lucente asked if MIT/Lincoln Lab would continue to track its"ripple effect"figures to gauge
economic impact of the surrounding area. Mr. Krawczyk said he can provide the few years of historic
data that has been collected but the plan is to continue to follow the numbers which he believes will
improve once the Master Plan has been fully implemented.
Mr. Sandeen asked how much square footage will be constructed in total. Mr. Menadue reported that
there are currently 1.8M gross square feet on campus and the finished project will be about 2.5M gross
square feet. The majority of that will be an enlargement of mechanical space.
DOCUMENTS: Presentation MIT Lincoln Lab Update
3. Review Request for Change of Parking Regulation Three Spaces at 844-856 Massachusetts
Avenue
Assistant Town Planner Sheila Page reported that the Transportation Safety Group (TAG)received a
request from a business owner in the 844-856 Massachusetts Avenue block, asking to change three
parking spaces to a one-hour limit to improve parking turnover. Because there are an ample number of
parking spaces in that area, TAG has no objection to the request.
Ms. Hai noted the crosswalk nearest the spaces is close a bus stop so pedestrians should be advised that
there will be increased pace of comings and goings there.
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call in accordance
with the provisions of Chapter 689 of 1986 of the General Laws,the Traffic Rules and orders of
Lexington, adopted by the Board of Selectmen on November 13, 1967, now Chapter 192 of the Code of
Lexington, are hereby amended as follows:
BY ADDING TO CHAPTER 192-18 SCHEDULE 1 THE FOLLOWING
LOCATION SIDE FROM TO REGULATION
Massachusetts West Independence Avenue 98 feet south of ONE HOUR
Avenue Independence PARKING
Avenue
DOCUMENTS: Memo; Diagram; Amendment
5
4. Update on Cedar Street Sidewalk Project
Ms. Hai noted that the Select Board has received an unusually high number of emails about this agenda
item. Ms. Hai further noted that ongoing outreach is being conducted by the Transportation Safety Group
(TSG).
Ms. Page, Assistant Planning Director, and Ross Morrow, Assistant Town Engineer,provided
background and details of Cedar Street sidewalk initiative that started in 2017 when signatures from 136
households were submitted to TSG, 127 of which supported a sidewalk installation for one side of the
street down the length of Cedar Street. Thirty of the signatories were direct abutters in support of the
project; nine signatories were against the project, four of which were direct abutters. In 2017,the case for
a sidewalk was presented to TSG,which saw potential in the proposal. A land surveyor was engaged in
2018 to complete a so-called existing conditions analysis.
Ms. Page further stated that a public meeting was held on September 1, 2021 to which 210 households
were invited; 55 people attended and they provided what Ms. Page characterized as thoughtful input.
Many people expressed concern over the removal of trees, citing the beauty of Cedar Street. There was
also concern over the speed at which vehicles travel on the narrow street, especially at the Paul Revere
intersection which is reportedly difficult for cars and pedestrians to navigate safely. Another difficulty is
the poor sight lines after the turn onto Cedar Street from Massachusetts Avenue. Residents also noted that
there is no safe place for students to wait for the school bus unless they stand in neighbors' driveways. A
number of homes have walls, fences, and landscaping that might be disrupted by a sidewalk installation.
Depending on which side of the street the sidewalk is placed, Ms. Page said the Town would work with
homeowners whose gardens/walls/fences required removal. Disruption to yards will be repaired,however
it was noted that some of the houses in question are very close to the street and privacy is an issue. Utility
poles will probably have to be moved but at this point, it is not possible to state which side of the street
would be chosen as the design phase has yet to be budgeted.
Mr. Morrow said the full length of the street is .8 miles,with Massachusetts Avenue on one end and Pine
Meadows Golf Course on the other. The pavement width varies from 18 and 30 feet, although some
residents report that, due to overgrowth in some places,pavement width is down to 17 feet. The Town's
Right of Way width also varies between 25 and 30 feet. There are 73 abutters along this stretch and there
are 11 intersections. Since 2010, there have been 6 reported crashes. The average speed, gleaned from a
speed study, is 20 mph but the maximum recorded was 38 mph. Mr. Morrow reported that,having
walked the road recently,he believes 24 mph on this road feels fast.
Mr. Morrow said a sidewalk on Cedar Street would add to Lexington's connectivity network. There are
also school bus routes that will benefit from having a sidewalk. Mr. Morrow said there are approximately
12 trees that would have to be removed but all work would all be done within the Town Right of Way.
Given all the considerations and input,Ms. Page stated that TSG recommends construction of a sidewalk
along Cedar Street from Massachusetts Avene to Denver Street and asked for it to be included in the
budget.
Ms. Hai said she is in favor of making Lexington's walking routes as safe and accessible as possible,
especially given the number of recreation facilities in this part of town. She also hopes that a sidewalk
will slow vehicle speed on Cedar Street and she is happy to see the amount of engineering thought that
has already been applied to the project. She is also sensitive to tree loss but noted that some of the trees
tagged for removal are non-native species.
6
Ms. Barry said she supports the sidewalk and would also feel favorably about continuing the sidewalk to
the end of the street rather than stopping at Denver Street. She realizes sidewalks can be controversial but
they are now becoming a necessity for narrow, curvy, old New England roads.
Mr. Morrow noted the difference in distance between what is proposed(to Denver Street) and full length
is 2500 feet(a little less than 1/2 mile)versus 4200 feet(.8 miles).
Mr. Sandeen noted he has seen an increasing number of school children biking in this area. He expressed
concerns about installing granite curbing which can present a hazard for bikers that get squeezed to the
edge of the road when cars pass. Mr. Morrow said this will be taken into consideration during the design
phase.
Mr. Sandeen asked if there is a way to divert the sidewalk around some of the statelier trees rather than
remove them. Mr. Morrow said every attempt will be made to save as many trees as possible.
Mr. Sandeen asked whether residential landscaping would be replaced. Mr. Morrow said that the Town
will work with residents to make them happy with the outcome.
Mr. Sandeen asked if the Cedar Street/Paul Revere intersection would be improved by this project. Mr.
Morrow said providing safe pedestrian access through the intersection would be an improvement.
Mr. Lucente said he believes sidewalks add to the overall quality of life. He noted,however that there are
other areas of town that have been rated as being higher priority by the Town's assessment system. He
questioned, for the sake of equity, how Cedar Street moved ahead in the waiting line for construction. Mr.
Lucente agreed that granite curbing on this street is problematic. He asked if any consideration been given
to making Cedar Street one-way, given all the activity in the area.
Ms. Page stated that the sidewalk priority map is a tool used but TSG also takes resident request into
account. Neighborhood/town connectivity needs are also weighed.
Mr. Pinsonneault, DPW Director, stated that the Town uses the rating system to choose which sidewalk
projects to prioritize within yearly budget allocations; citizen-generated projects coming through TSG are
funded outside that yearly appropriation.
Mr. Morrow said he is not sure how feasible it would be to make Cedar Street one way but he will look at
it closely. He noted that making Cedar Street one-way would force traffic onto adjacent streets.
Mr. Pato said he is concerned about ending the sidewalk at Denver Street, noting a pedestrian injury near
the golf course which is out of the scope of the proposed project. Mr. Pato also expressed concerns about
lost trees, although he favors the sidewalk in this instance. He asked that carbon sequestration be made a
larger element of any consideration when mitigating the loss of a mature tree.
For further information, Ms. Page noted that this project appears on the TSG webpage under"sidewalk
Requests".
ACTION ITEMS: Public comments will continue to be taken on this issue. TSG will continue to refine
the project,providing information about tree,utility,neighborhood impacts,preferred side of the street. If
the Select Boatd approves the project,partial engineering and Capital Project funding will be sought
within the upcoming budget cycle(s). The next Select Board review of the project is expected in the
October/November timeframe. Mr. Pinsonneault will check to see if the Hill Street sidewalk project was
funded in a two-step manner. (i.e. Design, then construction)
DOCUMENTS: Recommendation memo; 9-27-21 Cedar Street Presentation REVISED; Existing
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Conditions; Cedar Street Proposed; 9-1-21 Presentation
5. Review Town Celebrations Committee Request Veterans Day Car Parade
VOTE: Upon a motion duly made and seconded,the Select Board voted 5-0 to approve the request of the
Town Celebrations Committee for a Veterans Day Car Parade as presented in their letter dated September
22, 2021 subject to coordination with the appropriate Town Staff.
ACTION: Select Board members will participate.
DOCUMENTS: 2021 Veterans Day Car Parade Request Letter to Select Board
6. Liquor License Change of Hours—Lexington Golf Club
Upon a motion duly made and seconded,the Select Board voted 5-0 to approve the application from
Lexington Golf Club, 55 Hill Street,to amend the hours on their 2021 all alcoholic club liquor license for
the clubhouse to be 11:00 am through 12:00 midnight 7 days/week and from 11:00 am until 9:00 pm on
the adjacent Golf course 7 days/week, and to update the hours on their 2021 Common Victualler license
to 11:00 am- 12:00 midnight 7 days/week.
DOCUMENTS: Lexington Golf Hours of Operation Amendment Documents; Town of Lexington
Alcohol Regulations for Clubs; Common Viv Application update hours
The Select Board took a brief recess at 8:23 p.m. and reconvened at 8:28 p.m.
7. Review 2021-1 Special Town Meeting Draft Warrant
Ms. Axtell described the Special Town Meeting warrant articles, one by one, asking for feedback or
questions.
ACTION: Ms. Hai directed Select Board members to weigh in via the Select Board office about whether
to provide a Select Board report at the beginning of STM 2021-1. The vote to approve the full STM 2021-
1 warrant will take place during the Select Board meeting on October 12, 2021.
DOCUMENTS: DRAFT 2021-1 Special Town Meeting Warrant
8. Update on Cultural Districts Designation
Ms. Coppe and Mr. Poltorzycki, Cultural District Working Group,presented an update on work being
done and next steps towards applying for a Cultural District designation through Massachusetts Cultural
Council. Mr. Poltorzycki stated that the Board will be asked at a later date to approve a resolution to
move the application process forward.
To be eligible to apply, the Town must agree to dedicate staff and resources and a public meeting must be
held. Outreach will also take place on Discovery Day and at the Cary Memorial Library. The Working
Group has been meeting with the Economic Development department staff to advance the initiative.
The resolution will also appoint a Town official to the district's managing partnership. The partnership
generally includes representation from the cultural groups in a community. Ms. Coppe noted that the
Working Group has met monthly since March 2021 and has invited representatives from 65 organization
to participate.
Mr. Pato asked what Town obligations,beyond staff participation,there would be for a Cultural District.
Mr. Poltorzycki said that once the managing partnership has been created,the district runs itself. The
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partnership has an obligation to produce an annual report which is the basis upon which available grants
can be applied. If Lexington's district is awarded grants, funds should be held in a Town account.
Ms. Iyer, Economic Development Director, reported that the public meeting has been advertised in a
variety of publications and Town channels. Ms. Iyer asked if funding is available to help cover the cost of
advertising. Mr. Malloy will check into this.
ACTION: The Public Meeting will be held. Mr. Malloy will check into funding for advertising.
DOCUMENTS: September 27, 2021 Presentation to Select Board on Cultural District Designation S 1
Map; Cultural District Designation Application Process Mass Cultural Council.
9. Discuss Timeline and Process for Town Manager 360 Review
Ms. Hai reported that there are two paths available to conduct this 360 Review, which is considered a best
practice. The first is a customized approach that involves interviewing the subject(Mr. Malloy) and also
hose who directly report to him. This process is lengthy and more expensive. The second approach is one
recommended by the International City/County Management Association(ICMA) and involves an
electronic tool which poses a series of questions about management style and traits. It would be
administered to the Town Manager himself and to other individuals or groups as determined by the Select
Board, including the Select Board and those who report directly to the Town Manager.
Ms. Hai recommended the electronic tool approach. The information gathered would be submitted to Ms.
Katzenback in the Select Board Office. She would organize the responses and then the Select Board
would have a conversation about the findings with Mr. Malloy,possibly at the end of October.
Ms. Hai and Mr. Pato will send the Board links to a website with a sampling of the electronic tools,
including sample questions. All respondents are asked the same questions.
Select Board members endorsed the electronic tool option approach,Ms. Malloy said he finds feedback
from ICMA-approved electronic tools to be useful and asked that a wide range of Town staff be included
review.
ACTION ITEMS: Ms. Hai and Mr. Pato will send Board members links to the website with a sampling of
the electronic tools, including sample questions. The Board will make a selection at the October 12. 2021
Select Board meeting.
10. Review Draft Select Board Report Submission for FY2021 Annual Town Report
The Select Board discussed the draft submission.
VOTE: Upon a motion duly made and seconded,the Select Board voted 5-0 to approve submitting the
annual town report draft, subject to the editorial,non-substantive corrections as well as any corrections
listed during this evening's session.
DOCUMENTS: DRAFT Select Board Submission for Ft21 Town Report 9/27/21; DRAFT Select
Board Submission for Town Report00Redline version 9/27/21
ADJOURN
Upon a motion duly made and seconded,the Select Board voted 5-0 by roll call to adjourn the meeting at
9:31 p.m.
A true record; Attest: Kim Siebert, Recording Secretary
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SELECT BOARD MEETING
October 12, 2021
A remote participation meeting of the Lexington Select Board was called to order at 6:30 p.m. on
Tuesday, October 12, 2021 via Zoom remote meeting services. Select Board Chair Ms. Hai; Vice Chair
Mr. Lucente; and members Mr. Pato; and Mr. Sandeen were present, as well as Mr. Malloy,Town
Manager; Ms. Axtell,Assistant Town Manager; and Ms. Katzenback,Executive Clerk. [Note: Select
Board member Suzy Barry joined the meeting in progress, at 9:13 p.m.]
VOTE: Upon a motion duly made and seconded,the Select Board voted 4-0 by roll call to ad j ourn the
Open Session of the meeting at 6:30 p.m. to enter into Executive Session under Exemption 3 to discuss
strategy with respect to collective bargaining related to the public safety dispatchers' unit and building
maintenance union. Further, it was declared that an open meeting discussion may have a detrimental
effect on the bargaining position of the town.
Following the close of Executive Session,the Select Board reconvened in Open Session at 7:10 p.m.
Ms. Hai stated that the meeting was being conducted via Zoom as posted,with the agenda on the Town's
website. Ms. Hai provided directions to members of the public, watching or listening via the Zoom
application,regarding the procedure for making a public comment. Ms. Hai reminded Board members,
staff, and members of the public about Lexington's Standard of Conduct regarding civil discourse during
Town Government meetings.
SELECT BOARD MEMBER CONCERNS AND LIAISIN REPORTS
In addition to her previously submitted concerns and reports,Ms. Hai announced that the draft of the
State's redistricting maps was released today. The proposal would take Lexington's Precinct 6 from the
Middlesex 15 district and append it to Middlesex 21,which encompasses all of Bedford and part of
Burlington,represented currently by Ken Gordon. A public hearing will be held on Friday, October 15,
2021 and a vote on Monday, October 18, 2021 in what Ms. Hai termed a"short process". Ms. Hai and
Mr. Malloy will attend this meeting on behalf of the Select Board and the Town to express displeasure
with the plan, stating that the Lexington should be kept together in Middlesex 15 and that the purpose
behind redistricting to ensure minority representation is already being accomplished as evidenced by
the diversity of people being elected to committees,boards, and Town Meeting.
Mr. Lucente said he would like to have a more in-depth conversation about this than it is possible to,
given that this item does not appear on tonight's agenda plus the timeframe for response to the State is
very short. He is frustrated that the State has not given more opportunity for community feedback. He
cautioned the Board,however,not to jump to the conclusion that this redistricting would not be beneficial
in the way the State intends.
Mr. Pato said he agreed with Mr. Lucente and he is reluctant to make a counter argument to the State at
this stage. Having looked into Lexington's precinct demographics,he believes removing Precinct 6 would
not dilute minority representation.
Ms. Hai clarified that her concern was that the people in Precinct 6 would have a much smaller base of
community if they alone in Lexington were attached to a collection of precincts outside of town. She felt
Precinct 6 would miss a larger base of support if any of these Town Meeting members decided to run for
higher office in the future. Mr. Sandeen said he concurred with Ms. Hai's concerns.
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ACTION ITEMS: Ms. Hai urged those who wish to comment on this issue to do so to the appropriate
State-level entities. She and Mr. Malloy will continue to gather information.
Aside from his previously submitted concerns/liaison reports,Mr. Lucente noted that the Town
Celebrations Committee will be asking Select Board members to confirm their intent to participate in the
Veterans Day Car Parade.
DOCUMENT: Select Board member concerns and liaison reports October 12, 2021
TOWN MANAGER REPORT
Mr. Malloy welcomed new Town Clerk Mary de Alderete who started today. Ms. Alderete was sworn in
around noon by Deborah Brown, Town Moderator.
The Lexington Council on Arts intends to start painting some of the utility boxes around town this week
while the fine weather holds. Ms. Hai said that if any of the designated utility boxes were in front of
private homes, residents should be notified before painting occurs.
Mr. Malloy has sent Select Board Members an update re: the status of the Select Board goals. He asked
that comments be returned to him this week so that he can provide Select Board retreat facilitator Julia
Novak with up-to-date information.
The Lexington Police Department has been re-accredited.No action items were recommended by the
accreditation team.
ACTION ITEMS: Mr. Malloy to relay the message to the Council on Arts re: utility box notifications to
homeowners, if/where applicable.
CONSENT AGENDA
1. Select Board Committee Appointment and Reappointment
To appoint Wendy Krum to the Permanent Building Committee as the Select Board's representative for
the Police Station Building Project.
To reappoint Prashant Singh to the Town Report Committee for a one-year term ending on September 30,
2022.
DOCUMENTS: Permanent Building Committee Membership Town General Bylaws; 2021
Permanent Building Committee Application-W. Krum; 2021 Town Report Committee
Application-P. Singh
2. Approve Select Board Meeting Minutes
To approve and release the Select Board meeting minutes of September 13,2021.
DOCUMENTS: DRAFT Select Board meeting minutes 09.13.21
3. Approve Use of Corexcel Everything DISC 363 for Leaders Profile Assessment Tool for Town
Manager 360 Review Process
To approve the use of Corexel Everything DISC 363 for Leaders Profile Assessment Tool for the Town
Manager 360 Review Process.
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DOCUMENTS: Product Overview 360 Feedback Assessment Corexcel Everything DISC 363 for
Leaders
4. Battle Green Use Request Lexington Minute Men 2021 Autumn Drill
To approve the request from Lexington Minute Men to use the Battle Green on Saturday,November 6,
2021 from 9:00am to 11:00am for the purpose of their autumn drill.
VOTE: Upon a motion duly made and seconded,the Select Board voted 4-0 to approve the Consent
Agenda
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Public Hearing and Discussion FY2022 Water& Sewer Rates
Ms. Hai opened the Public Hearing at 7:22 p.m.
Ms. Kosnoff, Assistant Town Manager for Finance,presented information in the first of two discussions
regarding FY2022 Water and Wastewater rates. The vote on this item will take place at a future meeting.
Highlights of the presentation included:
• Total FY2021 Water Revenue came in$2.2M over projections,primarily due to surpluses in the
Irrigation category. The Water Enterprise Fund now carries an overall surplus of$2.3M. The
Retained Earnings balance went from$1.7M to $3.5M.
• Sewer Revenue also outpaced expectations by$398,000 plus turn backs on the Expense side
equaled$563,000. Retained Earnings for Sewer/Wastewater Enterprise Fund are projected to be
$1.8M at the end of FY2021. Ms. Kosnoff noted that Retained Earnings balances have
historically be used for one-time Capital expenses. It is possible to use surpluses to offset rates
but this has not been Lexington's past practice,however.
• Ms. Kosnoff noted that the water and sewer rates are based on projected usage,which is reflected
in the amount budgeted. At Special Town Meeting there will be a request to decrease 2 line items
in the budget: 1)the MWRA Assessment and 2) Compensation.
• The Water Enterprise budget is going up 7.7%,based largely on the MWRA Assessment, a
charge that the Town cannot negotiate. Ms. Kosnoff noted that Lexington's rate is based on its
share of system costs plus its past year usage. She projected that next year's MWRA Assessment
will go down 4.28%.
• Cash Capital is being used,whenever possible,to avoid borrowing costs for Water and Sewer
maintenance/improvements. The FY2022 includes an additional $200,000 to be used for this
purpose.
• For FY2021,the tiered rate Water usage came in significantly higher than estimated. As there is
not usually a great deal of fluctuation in these rates,Ms. Kosnoff believes the upticks on the
residential side are due to Covid-related changes in behavior, such as more residents working at
home instead of at an office. These behavior changes also affected commercial usage,which was
significantly lower, except for irrigation usage. The same pattern was noted on the Wastewater
patterns of usage.
• Future usage patterns are particularly hard to predict,given weather and Covid-19 disruptions to
historical trends. Ms. Kosnoff said that budget projections have been made very conservatively,
with the exception of Irrigation projections which are higher.
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• On the Wastewater side,the budget as proposed will increase 4.1%, also largely due to an
MWRA Assessment increase of 3.2%.
• Overall,the Water rates are proposed to go up 8% and the Wastewater rates are proposed to go up
5%. The combined rate is 6.1% over FY2021. For the lowest tier user,this would translate to an
increase of about$39/yr;the second tier would see an increase of$54.60/yr.
• The wholesale/Municipal/Town of Bedford cost for Water is going up 1.9%. The wholesale
Sewer rate will stay flat.
• Lexington's FY2021 combined Water and Sewer rates are in the middle of the pack, compared to
the other member towns.
Mr. Lucente said that persistent rate increases are putting Lexington on an unsustainable path. He asked if
the Town should be contemplating a strategy change. Ms. Kosnoff agreed that the rate increases have
been unfortunate and they are also difficult to predict. Lexington's MWRA assessment is based not only
on Lexington's usage but also on the usage of the other member towns. She believes the installment of
automatic-read radio meters will help provide real-time data collection and allow for quarterly billing, as
well as take the guesswork out of consumption predictions. After all the automatic meters have been
installed,Ms. Kosnoff believes a full analysis of the system and a re-evaluation of the tiered rate system,
including commercial consumption,will be warranted.
Ms. Hai asked if using some of the Retained Earnings to shave off rate increases would be a way to
mitigate user costs. Ms. Kosnoff said this is possible to do at Special Town Meeting and would be
tantamount to pausing the transfer of surplus to Cash Capital for a year($2M for Water and$1 M for
Sewer). Mr. Malloy cautioned that the purpose transferring these funds is to avoid borrowing for what are
ongoing/maintenance expenses. Over time, the costs would become part of the yearly budget instead of
being borrowed for, and thus incurring debt and interest payments.
Mr. Sandeen asked if there is a breakdown of residential versus commercial usage so that programs to
reduce usage can be tailored to each category of consumer. Ms. Kosnoff said that accounts are currently
not flagged as residential or commercial but the radio meters should improve the Town's ability to
distinguish one category of user from the other.
Mr. Kanter,Vice Chair of the Capital Expenditures Committee, asked if it would make sense to install a
sewer meter for the six or so customers that do not have a water meter because they use their own well
water. Dave Pinsonneault,DPW Director, said he has looked into doing that but the technology is not
available. The Department is keeping an eye on advances in the field.
Ms. Hai closed the Public Hearing at 7:52 p.m.
ACTION ITEMS: The Water and Sewer rates will be voted at an upcoming meeting.
DOCUMENTS: FY2022 Water and Sewer Proposed Rate Memo; FY2022 Water and Sewer Rate
Presentation; Legal Ad published on 9/30/21
2. Update of Police Station Building Project Design
Mr. Cronin,Director of Facilities stated that multiple Town committees, as well as members of the
public,have provided input and critiques about the Police Headquarters design. Architect Jeff McElravy
of Tecton Architects shared two schematic designs plus an overview of the community conversations
about the design and policing.
4
Design Option A is a slight modification of the original design that was approved by the Select Board but
sidelined because of the pandemic. Design Option B incorporates more of the committee and community
input but it also adds square footage which will increase the overall cost of the project. Some of the
changes/additions shown in Option B included non-gendered restrooms and locker rooms; flexible floor
plans versus fixed program space; mental health service offices sharing police department space;
inclusivity and accessibility concerns;providing a welcoming, inviting atmosphere;providing community
gathering spaces;providing transparency between spaces but also providing soundproofing for
confidential/sensitive conversations/interviews.
Mr. Lucente said he appreciated the attention paid to the community feedback in the design of Option B.
One element of that plan he is less supportive of is the multi-purpose room which he said seems overly
generous given the number of other meeting rooms and conference spaces.
Mr. Pato also prefers Option B for its future growth potential but he noted that Option A also addresses
much of the community needs. For him, a big question is how much more Option B would cost than
Option A and if the differential manageable.
Ms. Hai expressed similar reactions,noting that the project was downsized at one point due to cost and
then put on hold.Now some of what was engineered out has been returned to the design. Before a final
choice is made, cost must be assessed.
Mr. Sandeen asked if the locker rooms could eventually be adjusted to be the same size if staff ratios
shift. If not,he would prefer Option A in which the ability to adjust the locker rooms has been made
evident. Cost is also important to him. Mr. McElravy said he is confident that additional flexibility can be
built into the design of Option B's locker rooms.
Interim Police Chief Michael McLean stated that the reason the multipurpose meeting room was added to
Option B is that the future of policing is unknown and the space allows flexibility for change. Without a
doubt,he projected the need for additional training and simulations in the future plus the high likelihood
that social services will become more embedded within the department.
Mr. Cronin said the original plan nearest in square footage to Option A carried a working total of
$25M before Covid. Since that time,raw materials, changes in labor, and competing regional projects
have altered the construction landscape. Right now,Mr. McElravy estimated costs for Option A to be
$30M and$32.8M for Option B but he emphasized that he is unsure which way the market will swing
given all the unknowns. The modest modification costs for to the temporary swing space are not included
in this cost estimate but there is $250,000 included for the relocation of the Hosmer House.
Select Board members unanimously expressed their preference for Option B,reasoning that the cost
differential was low enough in exchange for the added benefits, at least as calculated at this early stage of
design. Mr. Sandeen cited the Permanent Building Committee's philosophy about the project, saying the
cost would never be lower and waiting only adds to the price tag. Mr. Malloy stated that, for the average
household,the additional cost of Option B, given the 20-year loan timeframe,would add an additional
$36 a year in taxes. Over Option A Ms. Hai noted that authorization for this project will require a debt
exclusion vote and the timing will need to be discussed.
Mr. Himmel, 66 Hancock Street, said he believes it is important to move quickly to nail down the
specifics of this project.
Ms. Overton, 25 Emerson Gardens, offered her assistance to further the conversation about the gendering
of the locker rooms. She was please that Option B is going forward.
5
Mr. McCaw, Precinct 6 Town Meeting member, applauded the decision to move forward with the more
flexible Option B but added that flexibility can be achieved without using walls to delineate spaces. He
would like to see a comprehensive overview of what taxes would be if the Police HQ debt is added to the
other added costs from Community Preservation,Water Stabilization, and the projected high school debt.
Mr. Shiple, Precinct 9 Town Meeting Member, asked how many bicycle-mounted patron officers can be
accommodated in Option B. Mr. McElravy said there is a good amount of space on the garage for
bicycles but he will have to look again at exactly what the count is. Interim Chief McLean added that all
new officers are now being trained in Police Academy for bicycle patrol but the count would never be so
high that space would become an issue.
ACTION ITMES: The plans will be further refined prior to Special Town Meeting requests for design
and swing space allocations.
DOCUMENTS: Tecton Architects Police station presentation
The Select Board took a five-minute break at 9:07 p.m. and resumed the meeting at 9:11 p.m.
Ms. Barry entered the meeting at 9:13 p.m.
3. Grant of Location for Eversource Reed Street
Ms. Hai opened the Public Hearing at 9:15 p.m., seeing no hands raised to speak,Ms. Hai closed the
Public Hearing at 9:15 p.m.
VOTE:Upon a motion duly made and seconded,the Select Board voted 5-0 to approve a Grant of Location
to NSTAR Electric Company d/b/a Eversource Energy to construct a line of conduits and manholes with
the necessary wires and cables to be located under the following public ways in the Town of Lexington as
follows: Reed Street — Northeasterly from pole 82/5A, approximately 208 feet east of Vaille
Avenue, install approximately 45 feet—conduit as shown on the plan made by T. Thibault revised
date September 1, 2021 for the purpose to provide underground electric service to 186 Bedford
Street.
DOCUMENTS: Eversource Grant of Location Petition Reed Street
4. Grant of Location for Verizon and Eversouce Installation of New and Relocation of Existing
Poles on Massachusetts Avenue and Worthen Road
Ms. Hai opened the Public Hearing at 9:16 p.m.
Mr. Sandeen noted that although the submitted plan seems to make approval of this pole relocation
advisable, a recent visit to the site revels that the intended relocation would potentially harm/kill an
existing large tree's root structure. Mr. Sandeen said he could not support the request if the tree would be
harmed. He further recommended that future requests of this nature include the location of existing trees.
Dave Pinsonneault, DPW Director, said his understanding is that the pole placement has been thoroughly
vetted; there are no other trees in the area that would be affected. He will look at the site closely to
ascertain the best pole re-location. Mr. Pinsonneault stated that, if at all possible,nothing would be done
to damage the tree.
Ms. Hai suggested rewording the motion so any relocation would not adversely affect the tree. Mr.
Sandeen was agreeable to this revision.
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Ms. Hai closed the Public Hearing at 9:22 p.m.
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to approve a
Grant of Location to Verizon new England, Inc and NSTAR Electric Company d/b/a Eversource
Energy for a Grant of Location to locate poles, wires, cables and fixtures including the necessary anchors,
guys and other such sustaining and protecting fixtures to be owned and used in common by the
petitioners, along and across the following public way or ways:
Massachusetts Avenue:
• Place one(1)JO pole,P.17-2 on the northerly side of Massachusetts Avenue at a point approximately
73' southeasterly from relocated pole, P.17-1. Said pole being located on Worthen Road.
• Relocate two(2)JO poles,P.153 and P.154 on the southerly side of Massachusetts Avenue at a point
approximately 4' and 7' southeasterly from existing pole locations such placements not to adversely
affect any existing trees.
• Relocate one(1)JO pole,P.17A from the northerly side of Massachusetts Avenue at the intersection
of Worthen Road to a point approximately 92' in a southeasterly direction to the easterly corner of
Massachusetts Avenue.
Worthen Road:
• Relocate one pole, P.17-1, from the easterly side of Worthen Road to a point approximately 4'
easterly from existing pole location.
in accordance with the plan marked-VZ N.E. Inc. Plan No. 1A3W2TM Dated August 27, 2021.
ACTION ITEMS: Mr. Pinsonneault to examine the proposed pole relocation.
DOCUMENTS: Petition Map/Abutters list; Order
5. Vote Update of Town Reprecincting Map
Ms. Sperber, Assistant Town Clerk,presented a reprecincting plan based on the 2020 Census. This
process is required by law to fairly represent increases/decreases in population. Ms. Sperber stated that
the 2020 census cites Lexington's population as 34,454 residents. The plan preserves nine voting
precincts while making adjustments to evenly distribute the population and bears the least impact while
meeting both deviation restrictions and maintaining allowable configurations.
Asking for Select Board approval,Ms. Sperber stated that once this approval is received, the plan must be
submitted to the Local Election Districts Review Commission(LEDRC)by October 30, 2021. Once
approved by the LEDRC,precinct boundaries will become effective on December 31, 2021.Notifications
of the change will be made to the media and effected households. Two Town Meeting Members will be
affected by this redistricting and both have been notified.
Mr. Sandeen said he will forward the name of a third Town Meeting Member who may also be affected
by this plan.
Mr. Kanter,48 Fifer Lane, asked what the affected Town Meeting Members have to do,now that their
precinct number has changed. Ms. Sperber said the members will have to run again for a seat in their new
precinct.
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VOTE: Upon a motion duly made and seconded,the Select Board voted 5-0 to approve and accept the
2020 Reprecincting Plan for the Town of Lexington, including the map, legal description, and block
listings as presented by the Acting Town Clerk.
ACTION ITEMS: Select Board members will sign the necessary document; the Town Clerk's office will
then file that document with the LEDRC.
DOCUMENTS: Memo to Select Board outlining process and request for review/approval at the Oct 12
meeting; Map as provided by State showing new precincts; Block List; Legal boundary description; Form
for Board approval signatures; Ma with current precinct lines overlay on mew precinct(comparison only)
6. Community Feedback on Police Station Project and Policing in Lexington Part 2: Feedback on
Policing
Ms. Barry recused herself from this item as her husband is employed by the Police Department.
Mr. Pato and Mr. Lucente provided highlights of the community conversation on Policing and Public
Safety that they facilitated following the killing of George Floyd in May of 2020. The report presented
tonight is Part 2 of two; Part 1 covered feedback pertaining specifically to the Police HQ building.
Highlights of Part 2 included:
• In general, community members were generally supportive of the Lexington Police Department
and of proceeding with the new HQ construction.
• While preserving respondent confidentiality, Mr. Pato reported that comments included both
positive and negative descriptions of encounters with Police. In some cases, action has already
been taken to address concerns.
• Collected feedback has been organized alphabetically into 10 categories: bias; effectiveness;
engagement; governance;miscellaneous (an assortment of comments that did not fit cleanly into
the other categories); politics; process;possible improvements; staffing; training.
Ms. Hai and Mr. Sandeen believe there is a lot to be learned from this report and that the responses can be
used to inform future decisions regarding policing in Lexington.
Mr. Shiple, Precinct 9 Town Meeting Member suggested providing copies of this report to candidates for
the job of Police Chief so that their perceptions can be noted in the hiring process.
Mr. Malloy reported that he and Interim Chief McLean went through the report and submitted a response
document which has been posted online. He asked the Board to review that document prior to approving
the report at a future meeting. He emphasized that the Town is using the report as a framework. Response
to the community comments will be ongoing. Interim Chief McLean added that he looks forward to
working with the Chief Equity Officer on these measures going forward.
ACTION ITEMS: The completed, compiled report will be approved at a future Select Board meeting and
held on file for future reference.
DOCUMENTS: Policing Feedback Report(Part 2); Policing Feedback Report Response from Staff
Ms. Barry returned to the meeting.
7. Special Town Meeting 2021-1:
• Approve Special Town Meeting 2021 Warrant
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VOTE: Upon a motion duly made and seconded,the Select Board voted 5-0 to approve and sign the
Special Town Meeting Warrant 2021-1 and authorize staff to make non-substantive edits as necessary or
as recommended by Town Counsel or Bond Counsel.
• Presentation STM-1 Article: Appropriate for Community Preservation Projects
Ms. Fenollosa, Chair of the Community Preservation Committee,presented details of three time-sensitive
projects coming before Special Town Meeting, noting that Community Preservation projects generally
come before Annual Town Meeting only. These projects are: 1) supplemental funding for the Sutherland
Playground; 2) Parker Meadow Accessible Trails Construction; 3) Old Rez Bathhouse Reconstruction(a
revised plan).
Mr. Lucente asked that there be more contextual information about the playground project which is
focused on children 5-12 instead of the younger children usually served by playground infrastructure.
Mr. Sandeen recommended that additional context also be provided for the Old Reservoir Bathhouse.
Ms. Axtell said that type of information will be included on the Special Town Meeting webpage.
• Presentation STM-1 Article: Appropriate for Westview Cemetery Building Construction
Mr. Pinsonneault stated that all of the five bidders for this project came in over the $3,290,000
appropriated by Annual Town Meeting 2020. As with the Police Station estimates,the estimate for the
Westview Cemetery building construction has increased due to postponement,materials costs, labor
shortages, and regional competition for contractors. The project has been value engineered to refine as
much as possible but Mr. Pinsonneault reported it is believed another$770,000 will be needed. The hope
is that if Special Town Meeting approves this appropriation,the bid will go out in early 2022 and the
project will commence after a bidder has been chosen.
Ms. Barry asked if the cost estimate would change if the building is not made "crematory ready"to allow
for that addition at a later date. Mr. Pinsonneault and Mr. Cronin concurred there would be some cost
savings if the crematory-related additional square footage,plumbing, and HVAC systems were taken out
of the design but Mr. Cronin stated that a re-design would cause additional delays and related costs
increases and another bidding cycle would be lost.
Ms. Sandeen asked if the list of alternate elements will be part of the Special Town Meeting presentation
for Westview. Mr. Pinsonneault said they would be included. Mr. Cronin said that demolition of the
existing building, once an alternative, is now part of the base price.
Mr. Kanter,Vice Chair of the Capital Expenditures Committee,reported that CEC believes the project
should be built as proposed. not reduced or altered at this stage.
• Presentation—STM-1 Article: Appropriation for Police Station Architectural Design and
Swing Space Construction
Mr. Cronin, Facilities Director, said that minor alterations are required to turn the temporary Fire swing
space into a temporary Police HQ swing space. The current estimate is $615,000, including vital
equipment replacement which has aged out of useful life during project delays.
With addition of$254,000 for Historic District-sensitive solar paneling infrastructure,plus other costs for
the main HQ building, Mr. Cronon said the full request for this warrant article will be $870,000.
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Ms. Barry asked if it has been decided that solar paneling will go on the roof of the new HQ and if the site
is big enough for solar paneling to go elsewhere. Mr. Cronon said the only thing that has been determined
if that the building is designed to be as close to Net Zero as possible. The site is believed to be big enough
to locate paneling somewhere other than the roof.
Ms. Barry asked if solar panels would be depicted in the architectural renderings that go out to the
community prior to appropriating funds for building construction, even though panel installation would
occur as a separate project after the fact. Ms. Barry said that, given the high-profile location of the Polce
Station,the Board should discuss how to be clear with the community about what is and what is no t
included in the project. The other Select Board members concurred.
Mr. Kanter,Vice Chair of the Capital Expenditures Committee, commented that some of the additional
elements included in the HQ plans seem to go beyond the scope of the original project.
Ms. McKenna, Precinct 6 Town Member, said this is the first she has become aware of the potential to put
a solar installation in Fletcher Park. She believes this is a sensitive issue, given the aesthetics plus the
controversy over the Hosmer House relocation, and she would like a more in-depth discussion to take
place.
Mr. Himmel, 66 Hancock Street, said that these types of discussions can only take place as projects move
forward.
0 Article Discussion, Positions, and Presenters
Due to the hour,this topic was tabled until the October 18, 2021 Select Board meeting.
DOCUMENTS: Special Town Meeting 2021-1 Warrant FINAL; STM-1 Article 5 Police Station Swing
Space and Architecture Fees; STM-1 Article 6 Presentation Appropriate for Community Preservation
Projects; STM 2021-1 Old Res Presentation(along with CPA)
ADJOURN
Upon a motion duly made and seconded,the Select Board voted 5-0 by roll call to adjourn the meeting at
10:36 p.m.
A true record; Attest:
Kim Siebert, Recording Secretary
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SELECT BOARD MEETING
October 25, 2021
A remote participation meeting of the Lexington Select Board was called to order at 7:01 P.M. on
Monday, October 25, 2021 via Zoom meeting services. Chair Ms. Hai; Vice Chair Mr. Lucente; and
members Mr. Pato; and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager and Ms. Axtell,
Deputy Town Manager; and Ms. Kosnoff,Assistant Town Manager for Finance. Select Board member
Suzie Barry was absent.
Ms. Hai stated that the meeting was being conducted via Zoom as posted,with the agenda on the Town's
website, noting that some members and staff were participating from the Select Board meeting room
using the Meeting Owl Pro device to test the technology for hybrid meeting participation.
Ms. Hai provided directions to members of the public,watching/listening via the Zoom application,
regarding the procedure for making a public comment. Mr. Lucente reminded Board members, staff, and
members of the public about Lexington's Standard of Conduct regarding civil discourse during Town
Government meetings.
SELECT BOARD CONCERNS & LIAISON REPORTS
Mr. Lucente reported that LexHab will hold a public meeting this Wednesday, October 27, 2021 at 7 p.m.
regarding the continuation of the planning phase for affordable housing planned for 116 Vine Street.
CONSENT AGENDA
1. Approve Submission of 2021 Boston Metropolitan Planning Organization(MPO)Municipal
Election Ballot
To approve for the Chair of the Select Board to complete and submit a ballot casting a vote in the 2021
Boston Metropolitan Planning Organization(MPO) election on behalf of the Select Board.
DOCUMENTS: Boston MPO 2021 Municipal Election Ballot Email
2. Battle Green Use Request Veterans Day Car Parade Event
The Police Department, Department of Public Works, and the Fire Department have no objections to this
request.
To approve the request from the Town Celebrations Committee to use the Battle Green on Thursday,
November 11, 2021 from 12:30pm to 2:30pm for the purpose of the Lexington High School Band
Members playing music and Boy/Girl Scouts honoring veterans during the Veterans Day Car Parade.
3. Approve Select Board Meeting Minutes
To approve and release the Select Board meeting minutes of:
• September 20, 2021
• September 22, 2021 Fall Fiscal Guidelines Summit
DOCUMENTS: DRAFT September 20 2021 Select Board Meeting; DRAFT September 22, 2021 Summit
4. Approve and Sign Proclamation Employee Recognition Day
To approve and sign a proclamation for Employee Recognition Day to honor all Town employees and to
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recognize those employees with 10, 15, 20, 25, 30, 35 and 40 years of service.
DOCUMENTS: 2021 Employee Recognition Day Proclamation.
5. Approve Memorial Plaque in Tower Park John W. Frey Memorial
To approve the Lexington Tree Committee's request to install flush mounted granite stone, 3 feet x 4 feet
x 1 foot, in Tower Park in memory of John Frey as outlined in the Monuments and Memorials Committee
Report.
DOCUMENTS: Memo from Tree Committee; Monuments and Memorials Recommendations regarding
request for memorial plaque.
6. Select Board Committee Resignation
To accept the resignation of Rev. Kate Ekrem from the Fund for Lexington Board effective immediately.
DOCUMENTS: Resignation Letter-K. Ekrem.
7. Accept and Place on File Report for Community Feedback on Police Station Project and
Policing in Lexington
To accept and place on file the final, integrated report for the Community Feedback on Police Station
Project and Policing in Lexington.
DOCUMENTS: Final Report for Community Feedback on Police Station Project and Policing in
Lexington.
VOTE: Upon a motion duly made and seconded,the Select Board voted 4-0 by roll call to approve the
Consent Agenda.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Verizon Cable Television Renewal License—Extension of Negotiation Period
Kenneth Pogran, Chair of the Cable Advisory Committee,reported that new contract negotiations with
Verizon have been frustratingly slow and a number of issues remain unresolved. Cable Counsel Peter
Epstein has been brought in to try to move discussions along. The current contract will expire on October
29, 2021.
Options to reach a resolution are being considered. One is to informally agree to extend negotiations for
45 days,which can be accomplished by an email exchange between the two parties. A second option is
more official and requires a letter from the Select Board with notification of a"preliminary assessment of
denial"in which Lexington would formally reject Verizon's most recent proposal.Normally, such a letter
would go on record with the Massachusetts Department of Telecommunications and Cable (MDTC)but
Mr. Pogran reported that the MDTC has made an alternative recommendation in which Lexington would
instead apply to defer filing the preliminary assessment of denial but state the hope that negotiations will
reach an agreeable outcome.
If no progress is made in the next couple of weeks taking this course of action, the Select Board still has
the option to authorize the Chair to send the preliminary assessment of denial letter.
VOTE: Upon a motion duly made and seconded,the Select Board voted 4-0 by roll call to grant authority
to Cable Council to enter into an informal agreement with Verizon to extend negotiations on the Verizon
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cable license renewal license for a period of 45 days. And to delegate authority to the Select Board Chair
or designee to extend negotiations by taking any action up to an including denial of Verizon's latest
proposal and communicating with the Massachusetts Department of telecommunications and cable in
relation thereto.
2. Special Town Meeting(STM) 2021-1
Background on several of the STM articles was presented and Select Board members had the opportunity
to pose questions. Ms. Hai encouraged members of the public and Town Meeting Members to stay abreast
of information about the articles by visiting the Special Town Meeting page on the Town website.
• Presentation- STM 2021-1 Article 10: Reducing Noise from Landscape Maintenance
Equipment
Mr. Lucente asked if switching to electric leaf blowers from gas leaf blowers would translate to additional
labor costs for landscape contractors and more spent by homeowners who do their own yard work.
Daniel Koretz, Chair of the Noise Advisory Committee, said data shows that switching from one type to
the other may have no impact on either labor cost or time on task but, depending on the type of leaves
being cleared, it might be as much as a 30% increase. Mr. Koretz added, however, that there are also costs
to remaining with gas-powered leaf blowers: the impacts of noise levels and the pollution generated,
particularly for landscape workers who use them all day, every day.
Mr. Lucente acknowledged these are important points but he is not sure the landscaping community has
caught up with understanding the hazards and/or increased costs, and this will impact how agreeable
companies are to making the switch, especially given current labor shortages.
Mr. Koretz noted that since there are costs associated with either gas-powered leaf blowers or battery-
powered leaf blowers, it depends which costs are more acceptable. Public comment has overwhelmingly
favored regulation of gas-powered units due to noise and pollution, as well as impacts to hearing of
employees.
Clarifying that homeowners would also be subject to the regulation, Mr. Koretz said that commercially-
used leaf blowers require replacement every two to three years whereas residentially-owned units last far
longer. Mr. Koretz reported that, after debate,the Committee does not support giving residents an
exemption to the regulation but he believes a longer transition time from gas to electric might be
acceptable.
Mr. Pato said he supports the article in general but encouraged the Committee to take another look at
extending the transition time for homeowners. He is concerned about the health impacts of gas-powered
units on homeowners, as well as workers,but recognizes that the duration of use is shorter for
homeowners than for commercial operators and the noise impact of a single leaf blower is less than the
impact of a group of them operating simultaneously.
Ms. Hai questioned the effective date of the bylaw for commercial users, saying that having a uniform
date is simpler. She asked for data from other communities that have phased out gas-powered blowers and
about the effective dates those communities have chosen. Ms. Hai also asked about the fine/penalty
structure for those who continue to use gas-powered units.
Mr. Koretz cited other communities around the country but believes Lexington would be the first in
Massachusetts to ban gas powered blowers. With regard to fees,he stated that Town Counsel had inserted
a fine structure that is consistent with other Municipal codes. The fine would be levied on homeowners
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rather than on the commercial landscapers because the Committee wants residents to be responsible for
who they are hiring and because of comments made by commercial crews that there are fly-by-night
scofflaw operators who might not act responsibly.
Ms. Hai said she is uncomfortable making residents responsible and also uncomfortable with how
enforcement would work. Mr. Koretz said the Committee has been in discussions with interim Police
Chief McLean about enforcement,noting that if no one complains,there is nothing to enforce. Chief
McLean also told the Committee the department is comfortable with this type of enforcement.
Ms. Hai said she remains uncomfortable with codifying a full ban and being the first in Massachusetts to
do so. She would like to know, for example, how many gas-powered leaf blowers there are in town and
how many residents would be affected.
Mr. Sandeen asked if the Committee has asked the DPW Director about the department's move to
electric-powered units by 2024. Mr. Koretz said Director Pinsonneault's concern was the replacement
cycle which would require budget support, although Mr. Pinsonneault also stated that a 2024 timeline
seemed fair, for not only the DPW but for private contractors.
Mr. Sandeen supported the article,noting current leaf blowers violate the noise bylaw. He is encouraged
that: the Police are comfortable enforcing the bylaw; the DPW is comfortable with the timeline and is on
track to hit the transition target date of 2024; there might be a higher return on investment from switching
to battery-operation; and there is less toxic pollution.
Interim Chief of Police McLean commented that the type of enforcement the department does now on
landscape crews is not noise-based but usually about hours/days of operation. However, enforcement of
the type of machines being used is a stickier matter because the expectation is that neighbors would report
the violations of their neighbors. He believes a conversation with other departments about enforcement
protocols should take place.
• Presentation- STM 2021-1 Article 9: Amend General Bylaw-Mount Independence Historic
District
Mr. Pato recused himself on this discussion because he lives within a 500-foot radius of the proposed
Historic District. Because the article emerged in response to a proposed development project, creation of
an historic district would potentially have a financial impact on Mr. Pato. [Pertaining to this matter, later
in the meeting and once out of recusal,Mr. Pato emphasized that his position on Article 9 should not be
inferred or presumed.]
Anne Eccles, Chair of the Historic Districts Commission,presented materials in support of the creation of
the new historic district. Charles Hornig, Chair of the Planning Board,reported that on August 20, 2021
the Planning Board voted 4-1 to recommend that Town Meeting disapprove of district as proposed and
encouraged the Historic Districts Commission to reconfigure the district to more closely follow
Massachusetts Historic District guidelines.
Mr. Hornig reported that the planning board's major concerns are that the district, as presented, does not:
adequately protect the settings of the historically significant properties; while some adjoining routes are
included in the district, others have been left out; none of the lots across the street have been included;
and because current boundaries are stated as appropriate without explaining the departure from MHC
guidelines (which says that using streets as boundaries is not preferred); and why some adjoining lots
were included,but others were not.
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Mr. Lucente reported that the Select Board has gotten a lot of feedback about this article. He asked why
this particular district is being put forward when, in the past, other resident requests to create a district, or
be included in an existing district,have not been taken up.
Ms. Eccles agreed there are a lot of significant homes in town that are not attached to any historic district.
She noted that this particular request from homeowners to form a district encompassing a cluster of
historically significant homes will not stop development but it would add another layer of oversight.
One the argument cited against the district calls the proposal an impediment to affordable housing, Ms.
Eccles noted there have been older homes in other districts that have been converted into multiple
residential units and she reported that the HDC is not against this potential.
Ms. Axtell asked Ms. Eccles to send her the most recent FAQ document pertaining to Article 9 so it can
be posted to the Special Town Meeting webpage.
Mr. Pato rejoined the meeting.
• Presentation- STM 2021-1 Article 12: Amend Zoning Bylaw- Structures in Yards
Charles Hornig, Chair of the Planning Board, described Article 12 as an outgrowth from discussions a
year ago about walls and fences inside yards.
Mr. Pato said that after reading the proposed amendment,he had concerns about the way fences and
retaining walls would work together in terms of combined height limitations. Mr. Hornig said that the
reasoning behind the limitation is the same reasoning as is currently behind height limits of fences along
lot lines.
Mr. Pato said he remains unsure about that element of the bylaw and added a second concern about
limiting fences to 4 feet along the street. Preservation of sightlines addressed in another section of the
bylaw would seem to be more to the point.
Mr. Hornig responded that this element came about from a compromise during discussions between
himself, Planning Department staff, Building Department staff, and the Chair of the Zoning Board of
Appeals (ZBA), some of whom wanted no fences, or lower fences, and others who favored leaving that
current bylaw element in place.
Mr. Pato stated he does not support the article as presented.
Mr. Lucente asked if a chain link fence would be limited. Mr. Hornig said it would apply since fences are
defined independently from the material they are made of. He clarified that if a fence is further back from
the lot line than 4 feet,the fence can be as tall as the distance to the lot line.
Speaking to the term"near"in the proposed amendment,Mr. Lucente asked for a definition. Mr. Hornig
stated that if a retaining wall is 6 feet tall and a fence is 4 feet tall, "near"would mean the height of the
taller structure in this case 6 feet.
Mr. Lucente asked if the amendment preserves the ability to disapprove of any wall or fence that occludes
a sightline. Mr. Horning affirmed that it does preserve this ability and added that even if the fence or wall
meets the other criteria,but infringes on a sightline, it would not be permitted. Mr. Hornig clarified that
this prohibition does not include hedges or bushes. These require a separate bylaw amendment.
Mr. Sandeen asked who would determine whether a fence complied with the safe sightline standard and if
existing fences would be grandfathered or subject to the amendment. Mr. Hornig said most fences do not
5
require a building permit although retaining wall plans are subject to Building Department scrutiny. If
something is built that does not need a permit,but sightlines prove to be occluded,the Building
Department will inspect and work with the property owner if necessary. Existing structures, that as a
result of the amendment fall outside of what is allowed, would be termed"non-conforming" and may
remain if they are maintained but they may not be expanded without a Special Permit from the ZBA.
Mr. Sandeen asked about the proposed changes to the definition of"yard". Mr. Hornig said that the term
has become complicated over time and there were disagreements in separate clauses about what was
allowed and what was not. "Yard"has therefore been re-defined for clarity to mean any portion of a lot
not occupied by a building. Residents are allowed to place anything in a yard as long as it meets the
height restriction.
• Presentation- STM 2021-1 Article 13: Amend Zoning Bylaw-Diversity, Equity,
Inclusion and Permitting
Mr. Hornig stated that Article 13 was inspired by resolutions passed by Town Meetings 2020 and 2021.
There was explicit reference in these resolutions to the Town's permitting processes which has provided
an opportunity for the Planning Board to propose language that would clean up what it sees as historical
problems.
Ms. Hai applauded the Planning Board's proactivity and hopes this will prompt similar revisions
throughout Town boards and committees.
Mr. Pato applauded Section One of Article 13 that deals with diversity, equity and inclusion(DEI)but
questioned sections two and three because they seem to remove provisions protecting the environment
and also remove permit-related assessment of Town services impacts. He suggested that either the article
be restricted to Sections One and Four,with the other sections coming back to a later Town Meeting after
more work is done, or waiting to submit the whole article until comprehensive changes have been made to
the article.
Mr. Hornig said the proposed amendments were made for a variety of reasons: diversity, equity, and
inclusion such as eliminating coded language intended to hide discriminatory purposes; streamlining
the amendment process; and clarification that all transportation modes are being considered, not just
vehicular traffic.
Mr. Pato stated that, in his opinion, important regulatory environmental and transportation safeguards
would be stripped out that are most needed for commercial properties and zones and doing away with
them would not be prudent.
Mr. Sandeen agreed with separating the article into one DEI article and one permitting article. He is
troubled by what he sees as a relaxation of Special Permitting requirements such as those for traffic,
safety, and the environment.
Mr. Lucente applauded the Planning Board's quick response to direction from Town Meeting. He
believes a lot of thought and effort went into the proposed amendments and sees that some of the changes
are intended to clean up current language yet preserve language pertaining to sustainability, climate
sensitivity, and conscientious site design practices.
Ms. Hai concurred that the proposed amendment cleans up current language. She would like the Article
13 presentation to Special Town Meeting to make note of how specific issues of safety and fiscal impact
would be addressed.
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Mr. Hornig said,based on the concerns expressed, it appears as though a word-for-word analysis might be
needed for the proposed amendment. Mr. Pato agreed this is why he recommends removing the article for
now and taking it up after more work has been done.
• Presentation- STM 2021-1 Article 14: Amend Zoning Bylaw- Solar Energy Systems
Mr. Hornig stated that the purpose of Article 14 is to try to streamline permitting for ground-mounted
solar energy systems. He noted that Massachusetts General Law 40A, section 3 prohibits zoning from
regulating solar energy systems. Effectively,the amendment would update zoning bylaw language to
reflect this.
• Presentation- STM 2021-1 Article 15: Amend Zoning Bylaw-Open Space Residential
Developments (OSRD)
Mr. Hornig stated that Article 15 is intended to create new alternatives to conventional subdivisions in
order to better achieve the Town's housing goals. The intent is to provide more options for: creating open
space, smaller dwelling units, affordable housing, and to preserve historic structures.
Mr. Lucente asked if the Special Permit Residential Development Ad hoc Committee (SPRD)has
weighed in on this proposal. Ms. Hai reported that although the Committee members did not have the
final motion in front of them at their meeting last week, a majority of the nine SPRD members support
this article, seeing it as an enlargement of the Town's housing/zoning tool box. Two of the nine SPRD
members felt there was not enough information available to make such a decision.
Mr. Pato said there is a lot to like in Article 15 but he is not completely comfortable with it as it is and
would like, instead, if it was within a larger toolbox such as what the SPRD committee might propose.
Ms. Hai said she sees Article 15 as a path forward toward creating more affordable units by mandate,
something that has heretofore been elusive.
Mr. Sandeen said he would like to see more data that ensures the things the article promises will transpire.
Mr. Hornig said that, in consultation with developers about this article and its earlier versions,the answer
to the question"will this work?" is: sometimes yes; sometimes no. A developer could choose one of three
types of development to pursue conventional, SPRD, or the Open Space Residential Development
(OSRD)based on the Article 15 format. Once chosen, the developer would have to meet criteria related to
the type.
Mr. Lucente asked if any other communities had adopted OSRD and created housing under its provisions.
Mr. Hornig said that, so far,there are no other communities but the closest Lexington has to an OSRD is
the Drummer Boy development which has clusters of residences about the size the article refers to with
adjacent open space.
• Presentation- STM 2021-1 Article 16: Amend Zoning Bylaw-Residential Parking
Mr. Hornig said that Article 16 is in response to the realization that the requirement to have at least two
parking spaces per dwelling unit increases the cost of housing construction.
Mr. Lucente said that anecdotally he sees many dwelling units that have more than two cars and believes
this amendment might cause even more on street parking than there currently is. Mr. Hornig said that
limiting parking spaces should have a limiting effect on the number of cars a residence has since on street
parking is not possible all year in Lexington.
7
Mr. Sandeen supported the article and said that he preferred using lot space for housing rather than for
parking. He noted that the amount of parking created would be at the discretion of the developer but not
mandated by zoning as it is now.
The Select Board took a brief recess at 9:19 p.m. and reconvened at 9:24 p.m.
• Presentation- STM 2021-1 Article 17: Amend Zoning Bylaw- Sustainable Design
for Hartwell Avenue (Citizen Petition)
Cynthia Arens, Citizen Petitioner, stated that passing Article 17 would result in attracting desirable
tenants to Hartwell Avenue; promote new sustainable development with lower emissions; and provide
predictability for developers.
Ms. Arens said that Article 17 continues to be revised, most recently changes were made so that the
Building Commissioner would have a clearer understanding of how to certify compliance.
Charles Hornig, Chair of the Planning Board stated that the Planning Board will hold its Public Hearing
on Article 17 on Wednesday,November 3, 2021 at 7 p.m.
Ms. Hai asked where the data in support of article has been drawn from. Ms. Arens said that some of the
data came from Boston's Planning Department and from other public zoning documents or presentations.
Ms. Hai noted that Ms. Arens' group has done an impressive amount of outreach and asked if there was
feedback to report. Generally, Ms. Arens said that feedback has been favorable or neutral.
• Presentation- STM 2021-1 Article 8: Climate Action Plan
This article will be Indefinitely Postponed(IP'd). The Town's Sustainability Director is leaving to take a
job in the private sector and this article will be postponed at least until a new director is hired.
• Presentation- STM 2021-1 Article 2: Appropriate for Prior Years' Unpaid Bills
This article will also be IP'd.
• Presentation- STM 2021-1 Article 4: Amend FY2022 Operating and Enterprise Budgets
• Presentation- STM 2021-1 Article 3: Establish,Dissolve and Appropriate To and From
Specified Stabilization Fund
Ms. Kosnoff said that New Growth had been budgeted at$2.75M but actual New Growth, although still
uncertified,will be about$4.979M. Ms. Kosnoff also itemized other changes to the FY2022 budget.
Once the budget adjustments have been made,remaining new tax levy growth will be $770,000 of which
$200,000 would go to the Transportation Mitigation Fund. The remaining amount of$570,000 would go
to the Capital Stabilization Fund,reflecting the Town's current financial goals of assigning surplus funds
to minimize borrowing for upcoming Capital projects.
• Article Discussion, Positions, and Presenters
Ms. Hai noted that she has distributed a draft document with presenter assignments for Special Town
Meeting and that Articles 2 and 8 can be eliminated as they have been IP'd.
The Select Board then took positions as they saw fit on the remaining articles. The resulting article
position chart is appended to the end of these minutes.
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DOCUMENTS: Art 10 Landscape Maintenance; Art 10 Motion; Art 9 Mt. Independence; Art 9 Motion;
Art 8 Motion I=P; Art 2 Motion unpaid bills; Art 3 Motion Stabilization funds; Art 4 Motion Operating
Budget; Art 3 and 4 budget summary; Art 12 Walls;Art 12 Motion; Art 13 DEIP; Art 13 Motion; Art 14
Solar; Art 14 Motion; Art 15 OSRD; Art 15 Motion; Art 16 Residential Parking;Art 16 Motion; Art 17
Sustainable Design; Art 17 Sustainable design summary; Art 17 Motion; STM 2021-1 Position Chart.
ADJOURN
Upon a motion duly made and seconded,the Select Board voted 4-0 by roll call to adjourn the meeting at
10:08 P.M.
A true record; Attest: Kim Siebert, Recording Secretary
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SELECT BOARD MEETING
November 1, 2021
A remote participation meeting of the Lexington Select Board was called to order at 7:01 p.m. on
Monday,November 1, 2021 via Zoom remote meeting services. Ms. Hai, Chair; Mr. Lucente; Vice Chair,
Mr. Pato, Ms. Barry, and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell,
Deputy Town Manager; Ms. Katzenback, Executive Clerk.
Ms. Hai stated that the meeting was being conducted via Zoom as posted,with the agenda on the Town's
website. Ms. Hai provided directions to members of the public watching or listening via the Zoom
application, regarding the procedure for making a public comment. Ms. Hai reminded Board members,
staff, and members of the public about Lexington's Standard of Conduct regarding civil discourse during
Town Government meetings.
PUBLIC COMMENT
Ingrid Klimoff, 18 Bacon Street,thanked the Board for appointing a Committee regarding the formation
of a Housing Trust. She asked that the Town put more work into its website. She also noted that
Massachusetts has an acute housing shortage and that the Town has a responsibility to help people find
housing.
TOWN MANAGER REPORT
Mr. Malloy noted that the indoor mask mandate has been extended to January 15, 2022.
SELECT BOARD CONCERNS AND LIAISON REPORTS
In addition to previously submitted written Select Board Concern and Liaison reports that can be found in
the meeting packet materials, members added the following updates/comments:
Mr. Sandeen:
• November marks the Human Rights Committee's 3rd annual No Hate November. There will be a
small group discussion on Tuesday,November 9, 2021, at 5pm.
Mr. Pato:
• The Sustainable Lexington Committee would like to formally register its support for Articles 10
and 17 at the Fall Special Town Meeting, if there are no objections by the Board. There were no
obj ections.
• He has sent his detailed comments on the Planning Board articles to the Planning Board, staff,
and included them in the agenda packet.
Ms. Barry:
• The Semi Quincentennial Commission is planning on a public outreach community meeting in
late February/early March for a high-level discussion of the Town's 250th anniversary in 2025.
• This is Ms. Barry's 7th anniversary sitting on the Board, and she announced that she has decided
to run for reelection in March.
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DOCUMENTS: Select Board Concerns and Liaison Reports November 1, 2021; Memo from Mr. Pato
to Planning Board and Staff November 1, 2021,re: Concerns regarding Article 12 -Amend Zoning
Bylaw Structures In Yards ; Memo from Mr. Pato to Planning Board and Staff November 1, 2021,re:
Concerns regarding Article 13 -Amend Zoning Bylaw Diversity, Equity, Inclusion,And Permitting.
CONSENT AGENDA
1. Approve One-Day Liquor License
To approve a One-Day Liquor License for Spectacle Management to serve beer and wine in the lobby of
Cary Memorial Building, 1605 Massachusetts Avenue, for the purpose of one event as follows: Max
Weinberg Musical Concert on Sunday,November 14, 2021 from 6:OOpm to 10:00pm.
2. Select Board Committee Resignation
To accept the resignation of Robert Hausslein from the Lexington Bicycle Advisory Committee effective
immediately.
DOCUMENTS: Resignation Letter-R. Hausslein
3. Lexington Farmer's Market Winery Request—House Bear Brewing—PULLED FOR
INDIVIDUAL CONSIDERATION, see below
4. VOTE: Upon a motion duly made and seconded,the Select Board voted 5-0 by roll call to
approve Consent Agenda items 1 and 2.
Pulled Consent Items to be voted separately:
3. Lexington Farmer's Market Winery Request—House Bear Brewing
There was discussion about consulting with the School Committee, as the Lexington Farmer's Market is
being held on at the Worthen Road practice field school ground. Ms. Katzenback noted that she contacted
both the School Committee Chair and the Recreation Committee. She did not hear back from the School
Committee as to any objections on this item; the Recreation Committee responded that it has no
obj ections.
ACTION: Follow up with the School Committee regarding their approval to allow House Bear Brewing
to sell alcohol for off-premise consumption at the November Lexington Farmers Market. House Bear
Brewing will then be scheduled for a future agenda for Select Board Review.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Massachusetts Avenue Road Closure Request—Hancock United Church of Christ
Ms. Barry recused herself as an employee of the Church. Mr. Sandeen recused himself as a member of the
Church.
There were no questions from the public or Board.
Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to approve Hancock
United Church of Christ's request for a road closure from Massachusetts Avenue at Bedford Street
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westerly to Massachusetts Avenue at Harrington Road on Sunday, December 5, 2021 from 9:00am to
12:00pm for the purpose of the annual Manger Sunday service on the front lawn of 1912 Massachusetts
Avenue.
DOCUMENTS: Massachusetts Avenue Road Closure Request for Hancock United Church of Christ's
Manger Sunday Service on 12-05-21
Ms. Barry returned to the meeting.
2. Review and Approve Location of Public Safety Monopole at New Police Station
Director of Public Facilities, Mike Cronin, stated that the preferred location for the monopole is behind
the new Police Station. There is room in the new garage that will hold all necessary equipment and allow
for easy access. He noted that, although working in coordination with the new Police Station,the
monopole is a separate project.
In response to a question from Mr. Lucente regarding the proposed location near the bike path,Mr.
Cronin explained that, if the monopole is moved to the back of the building, there would be parking
spaces included in the area near the bike path on the plan.
In response to a question from Mr. Lucente regarding this project being visible from the street,Mr.
Cronin stated that the Historic District Commission will be consulted on this project as well.
Dawn McKenna, 9 Hancock Street,Precinct 6 Town Meeting Member, asked about the overall diameter
of installation of the monopole. Mr. Cronin stated this to be 5' all the way up the monopole. Ms.
McKenna also noted that she supports the previously proposed location for the monopole, instead of the
one behind the building.
Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to approve the location
of the monopole behind the new police station.
DOCUMENTS: Antenna Rendering; Different Antenna Locations; Site Plan 1; Site Plan 2
2. Continued Discussion Regarding American Rescue Plan Act(ARPA)Funding Priorities and
Process
Mr. Malloy stated that ARPA funding goes through the end of 2024. There were a number of requests
presented to the Select Board for these funds, which were considered to choose ones focused on the local
economy. The plan being presented highlights certain projects for 2022, 2023, and 2024, with the
projection to spend approximately$3M the first year, $2.5M the second year, and$900,000 the third year.
This is a total of approximately$6.355M of the full $9M allocated to the Town. A number of requests
were received from local businesses, the Chamber of Commerce, and some local private
schools/preschools. Thus,this plan sets aside $50,000/year each for Committee/Community Requests and
Other Community Requests. There is also $500,000/year set aside for a participatory budgeting process.
$1 M was also set aside for broadband improvements and$1 M toward the water tower replacement
project.
Mr. Lucente stated that he believes this list could still be narrowed a bit. He is interested in the
participatory budgeting process. His concern is that some of the items on the list look to be ones that the
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Town would have completed anyway, and he was hoping the ARPA funds would be for extraordinary
items to help those most in need.
In response to a question from Ms. Barry regarding funding for vaccine storage coolers, Carolyn Kosnoff
Assistant Town Manager—Finance, explained that the Town is still applying to FEMA for certain
expenses, including items such as this.
Ms. Barry suggested that outdoor tents could be added to the list so that the Town and Community Center
can continue to hold outdoor programming.
In response to a question from Ms. Barry regarding the Recreation Department's request for broadband,
Mr. Malloy stated that that request in not included in this plan, as he would need to see more information
about the benefits of the request.
Mr. Pato agreed with the participatory budgeting process item. He also echoed Mr. Lucente's comments
regarding focusing these funds on small businesses or residents in Town that were most effected by the
pandemic. He would thus be inclined to increase the amount of funds set aside in the community lines. He
also agreed with Ms. Barry's suggestion for outdoor tents.
Ms. Hai noted that some of these funds could be used to explore the housing proposal previously
discussed. Mr. Malloy stated that he believes there are still too many unknowns yet to include this. He did
note that funds are included in the plan for rental assistance. Ms. Hai stated that she would like to move
forward with also exploring the means to create new housing opportunities in Town.
Mr. Sandeen agreed that this could be an opportunity to look into affordable housing in Town. He also
agreed with the item on participatory budgeting and more funding for the community lines. He suggested
some of the funds could be used to place air quality sensors in Town classrooms and offices, in a way to
better address the health of the Town.
In response to a question from Mr. Sandeen regarding a Bicycle&Pedestrian Plan, Mr. Malloy noted that
the Town is currently part of a three-town bike/ped planning process with Arlington and Bedford. There
has been discussion with business owners about attracting people to the backs of these buildings from the
bikeway. Making the backs of these buildings more interesting could create economic potential. More
information is needed on the cost of this and similar projects.
Mr. Sandeen noted that there has been interest in putting a comprehensive Bike/Ped Plan in place and this
could be a good venue to do so. He also noted that he would like for these funds to be used for projects
that the Town was not already planning on pursuing.
Ms. Barry noted her support for the participatory budgeting item. She also suggested looking into funding
for the food pantry.
Mr. Lucente suggested funding for additional bike racks to inspire additional growth of the bikeway.
Dawn McKenna, Chair of the Tourism Committee,noted that she supports an upgraded Town website.
She noted that the Liberty Ride trolley is not included on this list but is 15 years old and will eventually
need to be replaced. She asked that Town staff come to speak with the Tourism Committee on other
possible items to include.
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Bridger McGaw, 89 Meriam Street and Precinct 6 Town Meeting member, CPC funding could be used to
support some of the proposed bike racks and bike/ped infrastructure mentioned. Thus, these funds could
be used to support small businesses effected by the pandemic.
ACTIONS: This plan will come back before the Board at a future date for more discussion.
DOCUMENTS: ARPA Spending Plan
3. Review and Approve Small Cell Wireless Installation Policy
Ms. Hai noted that this was originally reviewed by the Board in 2020. At that time, it was noted that the
policy needs to be in place before applications are received in order to regulate them. The first application
is now on file, so this is a time-sensitive issue.
Mr. Lucente explained that other policies from around the country were reviewed in drafting this policy,
but none had imagery of examples to put into the policy for design standards.
The Board discussed possibly reviewing this as a Consent Agenda item at the November 15, 2021,
meeting.
Steve Kaufman, Precinct 5 Town Meeting member and Communications Advisory Committee member,
asked that the Board move this forward, as it is important for the Town's communication infrastructure.
ACTIONS: The Board will hear this again on November 15, 2021, and any substantive changes will be
redlined in a memo to the Board prior to the meeting.
DOCUMENTS: Small Cell Wireless Installation Policy-Final Draft
4. Approve Capital Stabilization Framework
Mr. Malloy noted that this policy has been in the works for a year. It has gone through a rigorous process
with financial working groups and the Board was previously supportive of it. This policy would take the
net new property tax revenues generated from either a Preliminary Site Development and Use Plan
(PSDUP) or a project that was part of the recently approved rezoning on Hartwell Avenue and put the
funds aside into the Capital Stabilization Fund. These funds would grow on an annual basis so that it
becomes part of the Town's funding mechanism to help cover the future debt from the high school.
In response to a question from Mr. Sandeen regarding the proposed projects associated for these tax
revenues,Mr. Malloy stated that these are the projects at 1050 Waltham Street, 186 Bedford Street, 40
Bedford Street, 475 Bedford Street, and the 95/99 Hayden Street project. The policy requires that each
year the Town Manager make a presentation to the Select Board and others regarding how much has built
up and should be set aside.
There was discussion on some wordsmithing items within the policy.
David Kanter,Vice President of the Capital Expenses Committee,noted that the group has no objection to
moving forward with this item.
Mr. McGaw expressed excitement in seeing this policy completed. He questioned if,using this model, it
would be more advantageous to have more projects greenlit and in the ground. Mr. Malloy stated that this
would be helpful in building the Capital Stabilization Fund more quickly before the high school project is
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complete. There is a design team review process that has occurred for some of these projects to be ready
before going in front of the Planning Board.
Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to approve the Capital
Stabilization Framework as substantively presented.
ACTIONS: Non-substantive edits will be applied and a final copy of the policy sent to the Board.
DOCUMENTS: Capital Stabilization Framework
5. Approve FY2022 Water and Sewer Rates
Ms. Kosnoff explained that this proposal is the same as what was reviewed by the Board on October 12,
2021. There is an 8% increase in the water tiered rates and a 5.2%increase in the sewer rates. Combined,
this is an overall 6.1% increase, or$54.60 for an average Lexington rate payer of 70 HCF per year. The
water budget is going up 7.7% and the wastewater budget is up 4.1%; these are the primary drivers behind
the rate increase. Summer usage has been a huge driver for both of these enterprise funds for the Town.
As usage goes down,the cost per unit goes up. There is a healthy fund balance in both funds,but it is yet
unknown what spring usage will look like and how people's behaviors will change due to the pandemic.
If usage is slightly under, the revenue targets may not be hit,but it is believed there is enough of a
cushion to absorb that. Lexington's usage compared to other MWRA communities also needs to be taken
into consideration. If these rates are approved by the Board tonight,they will be effective for the bills sent
out in November.
In response to a question from Ms. Hai regarding Lexington being a pass through for both Burlington and
Bedford, Ms. Kosnoff explained that the impact from Bedford in included in the overall system usage,but
Burlington's usage is monitored and billed to them. Mr. Sandeen suggested that the solution for
Burlington be examined for Bedford as well.
In response to a question from Ms. Barry regarding the cost per unit going up as usage goes down, Ms.
Kosnoff stated that the proposed budget covers the MWRA assessment. Thus,that cost is being spread
across fewer units or ratepayers, leading to an increase in cost. Ms. Barry noted that she is concerned with
the 6% figure being so high.
In response to a question from Mr. Sandeen regarding using some of the retained earning balance to lower
the cost to users,Mr. Malloy explained that the fund balance can be used for non-recurring expenses. Ms.
Kosnoff added that the balance is not usually used to offset operations because it is a one-time revenue.
She explained that they are not trying to build a balance but set rates that will cover the budget. She noted
that increased irrigation usage was almost the entire increase to the water budget.
Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to approve the proposed
FY2022 water and wastewater rates shown on page 2 of the attached rate presentation.
DOCUMENTS: Water and Sewer Rate Presentation
The Board took a five-minutes recess from 8:45pm—8:50pm.
6. Special Town Meeting 2021-1 Article Positions,Article Discussion and Consent Agenda
The Board discussed the Consent Agenda. Board was in support of the proposed consent agenda.
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The Board discussed the various Article positions. Ms. Barry registered her position on a few articles. On
Article 2-Appropriate for Prior Years' Unpaid Bills, IP—yes; Article 3 -Establish, Dissolve and
Appropriate To and From Specified Stabilization Funds—yes; Article 4 -Amend FY2022 Operating
Enterprise and CPA Budgets—yes.
There was discussion on Article 5 -Appropriate for Police Station Architectural Design and Swing Space
Construction. This article contains two amounts, one for the work that needs to be done at 173 Bedford
Street and the other related to the Police Station at 1575 Massachusetts Avenue. Christina Marshall,
Anderson Kreiger, Town Counsel,noted that the Article language does seem to read that the full
$870,000 is for the 173 Bedford Street project.
Ms. Barry noted that she feels it is difficult to approve funds for 173 Bedford Street swing space prior to
knowing if there will be approval at Town Meeting to proceed with the new Police Station. She noted that
she would like to wait to voice a position on this Article at this time.
In response to a question from Mr. Sandeen regarding if the funds not specified for 173 Bedford Street are
planned to be spent prior to approval of the Police Station,Mr. Malloy explained that these funds could
be spent on the design of the building so that there are good cost estimates moving forward to the spring
Town Meeting. If the design and construction are not properly timed,the project will be off-season.
The Board and Mr. Malloy discussed alternate wording for the Article to make it clearer. Mr. Cronin
noted that the approximately$254,000 is for the design component at 1575 Massachusetts Avenue and
the approximately$615,000 is for the construction work and remainder of the design work to take place it
173 Bedford Street.
In response to a question from Ms. Barry, Mr. Cronin stated that the work on 173 Bedford Street will be
put out to bid after January 1, 2022, if approved at Special Town Meeting. If this is not done in the correct
timeframe,there will be a delay on all projects. Ms. Barry noted that she does not see an immediate need
for the Police Station move to occur but does overall support the new Station. Mr. Cronin noted that one
deterrent on waiting is accumulating eight months of escalation costs.
Ms. Kosnoff agreed with changing the wording of this Article to make it clear which address the
architectural design work is for,but requested that the bottom line,total budget number be left in,to allow
for flexibility with the funds between the two projects.
Mr. Sandeen suggested splitting the Article into two separate votes. There was not support for this among
other Board members.
Mr. Kanter noted that the Town will need a swing space eventually, so building it now at a better rate is
an economically viable and proper solution.
Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to approve the proposed
language for Article 5, "That the Town vote an appropriation for design, engineering, and architectural
services, including production of construction documents at 1575 Massachusetts Ave., and for the
construction phase of a temporary police station to be located at 173 Bedford Street in Lexington, and that
to meet this appropriation$870,000 be raised in the tax levy."
Ms. Barry registered her position on a few more articles. On Article 6 Appropriate for Community
Preservation Projects,—yes; Article 7 Appropriate for Westview Cemetery Building Construction—yes;
Article 8 Climate Action Plan IP—yes.
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The Board discussed their positions on Article 9 -Amend General Bylaw-Mount Independence Historic
District: Ms. Hai—wait; Mr. Lucente—wait; Ms. Barry—wait; Mr. Sandeen—wait.
The Board discussed their positions on Article 10-Reducing Noise From Landscape Maintenance
Equipment.
Mr. Pato noted that he believes there is some misconception around this Article. The decibel ratings in
this Article would be equivalent to approximately 110 decibels at the point of origin, which is a loud
standard. He has asked the Committee for a list of equipment used in Lexington and the decibel ratings
for each at a point of origin. He noted that the recommended standard for manufacturers set in 1974 is 94
decibels at the point of origin, so he does not believe this Article will create a situation where landscapers
cannot operate. If this Article does do that, he is not in favor of it.
Ms. Axtell noted that the Noise Advisory Committee will be meeting on Thursday to discuss this Article
and possible update the language for clarity.
Ms. Barry noted that she believes the language of the Article would disallow not only landscapers,but
also homeowners and DPW workers from using certain kinds of equipment.
Ms. Hai noted that she has had discussion with the Chair of the Noise Advisory Committee regarding
changing the language to reflect seasonal limits only.
Mr. Lucente stated that he would support seasonal limits but has serious concerns about this Article
otherwise.
Mr. Sandeen noted that he does believe setting noise limits is within the Board's purview. He noted that
current gas-powered leaf blowers violate not only the Town's noise bylaw,but the State's as well. Mr.
Lucente noted that his concern is that this Article will essentially ban gas leaf blowers in Town.
Ms. Hai stated that, as written,the Article is unclear, and she is uncomfortable with it.
The Board reviewed their positions on this Article 10-Reducing Noise From Landscape Maintenance
Equipment. Ms. Hai—no; Mr. Lucente—no; Ms. Barry—no; Mr. Sandeen—wait; Mr. Pato—wait.
Ms. Barry noted that she is a yes on Article 11 -Easements for the Town of Burlington.
Ms. Barry noted that she is a no on Article 12-Amend Zoning Bylaw—Structure in Yards. Mr. Sandeen,
Mr. Lucente, and Ms. Hai are still waits.
In response to a question from Ms. Barry regarding the wording of Article 13 -Amend Zoning Bylaw-
Diversity, Equity, Inclusion and Permitting, Charles Hornig, Planning Board Chair, stated that this
language was found to be acceptable to all parties involved, including Ms. Duffield and the Human Rights
Committee.
Mr. Pato noted that, if these amendments do not prevail, he has asked the Moderator to split this into
separate votes for section 1 and 4, and, 2 and 3 of the motion. His position is registered as a no for 2 and
3, and a yes for 1 and 4.
Mr. Sandeen agreed that he would support 1 and 4,but not 2 and 3. Ms. Barry stated the same.
Mr. Lucente and Ms. Hai are a yes on 1,2, 3 and 4.
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Mr. Hornig stated that the Planning Board will discuss these items on Wednesday.
Mr. Pato noted that he supports Mr. Daggett's substitute motion but does not support Mr. Canale's
proposal. The rest of the Board would like to wait on both of these items.
Ms. Barry noted that she is a yes on Article 14-Amend Zoning Bylaw- Solar Energy Systems.
Ms. Barry noted that she is a no on Article 15 -Open Space Residential Development„ as it is currently
written.
Ms. Barry and Mr. Lucente noted that they are both a yes on Article 16 Amend Zoning Bylaw—
Residential Parking.
Ms. Barry noted that she is a yes on Article 17-Amend Zoning Bylaw—Sustainable Design for Hartwell
Avenue (Citizen Petition). Ms. Hai noted that she is also a yes. Mr. Lucente noted that he is still a wait on
Article 17.
Ms. McKenna, 9 Hancock Street and Precinct 6 Town Meeting Member urged the Board to urge the
proponents to delay Article 10 until the spring. She noted that,per Article 5, she is in favor of the new
Police Station,but is not in favor of renovating a building that may sit empty until it can be agreed upon.
Mr. Kanter,48 Fifer Lane, stated he feels that it is prudent to get a swing space in hand now.
ACTIONS: Review the speeches sent out by Ms. Axtell with a hopeful 24-hour turnaround.
DOCUMENTS: Special Town Meeting 2021-1 Proposed Consent Agenda; STM 2021-1 Position Chart;
Article 13 Motion; Article 15 Proposed amendment-Robert Creech; Article 13 Proposed amendment
(substitute motion)Matt Daggett
7. Future Meeting Dates
The Board discussed future meeting dates and times in 2022.
The next regular Select Board meeting is scheduled for November 8, 2021, at 6:00 p.m., via Zoom.
DOCUMENTS: 2022 Select Board Proposed Meeting dates- Calendar View; 2022 Select Board
Proposed Meeting dates-List View
ADJOURN
Upon a motion duly made and seconded,the Select Board voted 5-0 to adjourn the meeting at 10:19
p.m.
A true record; Attest:
Kristan Patenaude
Recording Secretary
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SELECT BOARD MEETING
November 5, 2021
A remote participation meeting of the Lexington Select Board was called to order at 11:30 a.m. on Friday,
November 5, 2021 via Zoom remote meeting services. Ms. Hai, Chair; Mr. Lucente,Vice Chair; Mr.
Pato; Ms. Barry, and Mr. Sandeen were present, as well as Ms. Kosnoff Assistant Town Manager for
Finance; Ms. de Alderete,Town Clerk; and Ms. Katzenback, Executive Clerk.
Ms. Hai stated that the meeting was being conducted via Zoom as posted,with the agenda on the Town's
website. Ms. Hai provided directions to members of the public,watching or listening via the Zoom
application,regarding the procedure for making a public comment. Ms. Hai reminded Board members,
staff,and members of the public about Lexington's Standard of Conduct regarding civil discourse during
Town Government meetings.
CONSENT AGENDA
1. Vote Updated Legal Boundary Description for the Approved Reprecincting Map
Ms. de Alderete, Town Clerk, stated that Census Specialist Uriel Molina, Secretary of the
Commonwealth Census Division, reached out to her on October 28, 2021 indicating that an
expanded description of boundaries within the Town, such as more details to the
shorelines/stream rivers/roads, were needed for the Legal Boundary Description Document for
the approved 2020 Lexington reprecincting map. Ms. de Alderte said the updated Legal
Boundary Description requires a vote of approval by the Select Board.
Upon a motion duly made,by roll call vote, the Select Board voted 5 -0 to approve the updated Legal
Boundary Description of the 2020 Re-Precincting Plan for the Town of Lexington.
DOCUMENTS: Reprecincting Memo to Select Board; Updated Legal Boundary Description document
ADJOURN
Upon a motion duly made and seconded,the Select Board voted 5-0 by roll call to adjourn the meeting at
11:34 a.m.
A true record; Attest:
Kim Katzenback, Executive Clerk
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SELECT BOARD MEETING
November 8, 2021
A remote participation meeting of the Lexington Select Board was called to order at 6:00 p.m. on
Monday,November 8, 2021 via Zoom remote meeting services. Ms. Hai, Chair; Mr. Lucente; Vice Chair,
Mr. Pato, Ms. Barry, and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell,
Deputy Town Manager; Ms. Katzenback, Executive Clerk.
Ms. Hai stated that the meeting was being conducted via Zoom as posted,with the agenda on the Town's
website. Ms. Hai provided directions to members of the public watching or listening via the Zoom
application, regarding the procedure for making a public comment. Ms. Hai reminded Board members,
staff, and members of the public about Lexington's Standard of Conduct regarding civil discourse during
Town Government meetings.
Ms. Hai asked for a moment of silence in remembrance to remember long-term volunteer and citizen,
George Burnell. Mr. Burnell passed away last week. He was a Veteran of the Air Force, a Lexington High
School graduate, and former Board member. The flag on the Battle Green was lowered today in his honor.
The Board held a moment of silence.
CONSENT AGENDA
1. Town Manager Committee Reappointments
To approve the reappointments of Victoria Buckley, Francine Stieglitz, and Janet Perry to the
Commission on Disability for terms set to expire October 2024.
DOCUMENTS: Buckley Reappointment Application, Stieglitz Reappointment Application, Stieglitz 2nd
Page, Perry Reappointment Application
2. Approve and Sign Eagle Scout Commendation Letters-Jacob Abraham Ro,Aavedon
Paulak, and Bradley Winters
To approve and sign letters of commendation congratulating Jacob Abraham Roy, Aavedon Paulak, and
Bradley Winters for attaining the highest rank of Eagle in Boy Scouting.
DOCUMENTS: 2021 Eagle Scout Letter-J. Abraham- Troop 10, 2021 Eagle Scout Letter-A.P. Roy-
Troop 10, 2021 Eagle Scout Letter-B. Winters- Troop 10
3. Lexington Farmer's Market Winery Request—House Bear Brewing
To approve and sign a Special License for House Bear Brewing, LLC to sell Mead at the Lexington
Farmers'Market at the November 23, 2021 FEASTival Market at the Lexington Farmers'Market grounds
at the practice Field on Worthen Road for off-premise consumption.
DOCUMENTS: House Bear Brewing Farmers'Market Winery Special Permit Application, Copy of
Permit for 2021 Lexington Farmers Market FEASTival to be at Worthen Road Practice Field
VOTE: Upon a motion duly made and seconded,the Select Board voted 5-0 by roll call to approve
Consent Agenda items 1, 2 and 3.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Letter of Support to the Joint Committee on State Administration and Regulatory
Oversight Regarding Bills H.3117 and S.2059: An Act Designating July 8 as Massachusetts
Emancipation Day a.k.a. Quock Walker Day
The Board reviewed the draft letter and noted some small edits to the text. Ms. Hai noted that a revised
letter will be sent to the Board for review prior to Wednesday.
Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to approve and sign the
letter substantively as presented subject to any minor edits to be sent to the Joint Committee on State
Administration and Regulatory Oversight in support of Bill H.3117 and Bill S.2059: An Act designating
July 8 as Massachusetts Emancipation Day a.k.a. Quock Walker Day.
DOCUMENTS: DRAFT Letter of Support-Emancipation Day a.k.a. Quock Walker Day
2. Special Town Meeting 2021-1 Article Positions/Discussion
The Board discussed positions on the proposed Articles.
Ms. Barry noted that she would be a no on Article 5: Appropriate for Police Station Architectural Design
and Swing Space Construction. She stated while she supports the construction of a new Police Station,
she does not believe that the renovation and construction at 173 Bedford Street should begin prior to the
citizens weighing in at Annual Town meeting. She noted she would be more comfortable making a
decision on this Article if the two appropriations could be split into separate motions.
Christina Marshall, Town Counsel, noted that, as the language of Article 5 currently stands for a total
appropriation amount, and the Moderator would need to weigh in if the motion could be split.
Ms. Hai noted that all Board members are"waits" for Article 9: Amend General Bylaw-Mount
Independence Historic District.
Ms. Hai stated that the Noise Committee submitted a revised motion for Article 10: Reducing Noise from
Landscape Maintenance Equipment. She also noted that Mr. Kaufman's amendment looks to change the
phase-in date from 2024-2025 to 2027.
Mr. Pato stated that he is a yes on the revised Article 10. Ms. Hai also noted that she is a yes on the
revised Article 10.
Ms. Barry stated that she is a no on the revised Article 10. Mr. Lucente is also a no and believes this
should be an IP Article.
The Board registered their positions on Article 10's proposed amendment: Mr. Lucente—wait; Mr. Pato—
wait; M s. Hai—yes; M s. Barry—wait; Mr. S ande en—wait.
Ms. Barry addressed a letter from a concerned citizen regarding taking action, if Article 10 were to pass.
Mr. Malloy explained that,within five days of action on the Article, 3% of registered voters can sign a
petition to place a referendum on the Article, seeking to overturn Town action. The Board then has ten
days to set a Special Election. At that election,20%of voters would need to vote in favor of reversing the
action of the Town and prevail.
The Board addressed Article 12: Amend Zoning Bylaw—Structure in Yards.
In response to a question from Mr. Lucente, Mr. Pato explained that his amendment to Article 12 looks to
keep the height of fences as they are today, at 6'. The current bylaw combines the height of retaining
walls and fences, if location within 6' of the lot line.His amendment looks to treat these two items
independently. Thus, a 6' retaining wall could be topped with a 6' fence. There are many topographical
elements around Town. He believes his amendment would allow the bylaw to move forward so that
certain corner cases can possibly be dealt with separately. He believes the two items should be able to be
allowed by right together for safety reasons.
Ms. Hai noted that she has concerns regarding visual impact of these structures together. Ms. Barry
echoed this concern. Mr. Pato stated that he believes the bylaw can be worded to address visual impact,
while still allowing for safety concerns of citizens in the meantime.
Ms. Hai noted that, if the amendment fails,the bylaw still allows for safety fences,but that they must not
be located at the property line. Mr. Pato noted that, for some smaller lots,the 6' requirement from the lot
line could eat up a lot of the property.
Mr. Lucente stated that one remedy for an issue with visual impact is to bring the item to the Zoning
Board of Appeals.
Mr. Sandeen stated that he believes the amendment improves Article 12. He asked about how safe
stopping sight distances are calculated and who enforces this part of the bylaw. Mr. Malloy stated that he
believes it is up to the Zoning Administrator to make this determination. Mr. Pato noted that the Planning
Board Chair cited AASHTO (American Association of State Highway and Transportation Officials) and
its policy defining stopping sight distances and how to evaluate them. Mr. Sandeen asked how a builder
or homeowner is to make this type of evaluation.
The Board registered their positions on Article 12: Mr. Lucente—no; Mr. Pato—no; Ms. Hai—no; Ms.
Barry—no; Mr. Sandeen—no.
The Board registered their positions on Article 12's proposed amendment: Mr. Lucente—yes; Mr. Pato—
yes; Ms. Hai—no; Ms. Barry—yes; Mr. Sandeen—yes.
The Board discussed Article 13: Amend Zoning Bylaw-Diversity, Equity, Inclusion and Permitting.
Mr. Pato stated that he believes the Daggett amendment clears any language issues in Sections 2 &3 of
this Article. If this amendment passes,he will not ask to split the vote on this Article.
The Board registered their positions on Article 13's proposed amendment from Mr. Daggett: Mr. Lucente
—wait; Mr. Pato—yes; Ms. Hai—no; Ms. Barry—yes; Mr. Sandeen—yes.
The Board registered their positions on Article 13's proposed amendment from Mr. Canale: Mr. Lucente
—no; Mr. Pato—no; Ms. Hai—no; Ms. Barry—no; Mr. Sandeen—no.
The Board registered their positions on Article 13's items 1 &4: Mr. Lucente—yes; Mr. Pato—yes; Ms.
Hai—yes; Ms. Barry—yes; Mr. Sandeen—yes.
The Board registered their positions on Article 13's items 2 & 3: Mr. Lucente—yes; Mr. Pato—no; Ms.
Hai—yes; Ms. Barry—no; Mr. Sandeen—no.
The Board are all in favor of Article 14: Amend Zoning Bylaw- Solar Energy Systems.
The Board reviewed Article 15: Amend Zoning Bylaw-Open Space Residential Developments.
Ms. Hai stated that the Special Permit Residential Development Ad Hoc Bylaw Committee unanimously
voted to support Article 15, as did the Housing Partnership Board. Hs. Hai stated that she is in favor of
Article 15 because it safeguards that the amount of GFA cannot exceed what is allowable by right and this
is under site plan review,that 50% of developable land has to be retained as open space,that the average
square footage of the building limitation is in addition to what would be done under a conventional, and
that there is an inclusionary element 25%below market rate.
Mr. Lucente stated that he is in favor of Article 15, as it adds a tool to the Town's toolbox.
Mr. Pato noted that he believes Mr. Creech's first amendment would change the vote of the overall
Article 15 from 2/3 to a majority vote.
Ms. Axtell noted that each of Mr. Creech's three amendments to Article 15 will be voted on separately.
The Board registered their positions on Article 15: Mr. Lucente—yes; Mr. Pato—no; Ms. Hai—yes;Ms.
Barry—no; Mr. Sandeen—no.
The Board registered their positions on Article 15's proposed amendment from Mr. Canale: Mr. Lucente
—no; Mr. Pato—no; Ms. Hai—no;Ms. Barry—no; Mr. Sandeen—no.
The Board registered their positions on Article 15's proposed amendment from Mr. Creech: Mr. Lucente
—yes; Mr. Pato—yes; Ms. Hai—yes; Ms. Barry—wait; Mr. Sandeen—yes on 1&3,wait on 2.
The Board discussed Article 16: Amend Zoning Bylaw—Residential Parking.
Ms. Hai noted that the Housing Partnership Board voted in favor of Article 16 by a vote of 8-0-1. The
Board is unanimously in favor of Article 16.
The Board discussed Article 17: Amend Zoning Bylaw—Sustainable Design for Hartwell Avenue
(Citizen Petition). It was noted that the Economic Development Advisory Committee was never able to
record a vote on this Article but did offer supportive comments on it. Boston Properties is also in favor of
this Article. Mr. Lucente noted that he is still a wait on this Article; the rest of the Board is in favor.
Ms. Hai noted that she is now a wait on Article 12.
Regarding Article 12, Mr. Malloy explained that other communities have setbacks for fences to be located
from intersections in their bylaws. He is unclear if the Zoning Enforcement Officer could enforce this
item, or if the Town Engineer would first need to do the calculations on it. Mr. Sandeen stated that his
concern is that the average homeowner/builder will not have the expertise to decide this, and that there is
not enough information to guide them. Ms. Hai questioned if the safety issues at play in this Article
might be better addressed through a special permit request.
Dawn McKenna,Precinct 6 Town Meeting Member, stated that she believes Article 5 should be split into
two votes, and has developed an amendment to request this at Town Meeting. She fully supports the
Police Station but does not believe money should be spent to start construction at 173 Bedford Street
without first having a vote by the citizens at Annual Town Meeting.
Ms. Hai noted that the next Board meeting will be tomorrow evening at 6pm.
DOCUMENTS: 2021-1 STM Positions Chart, Proposed Schedule for STM 2021-1 From Town
Moderator-as of November 3, 2021, Art 12 Amendment Joe Pato, Art 10 Landscape Maintenance
REVISED 11.4.2021, Art 10 Amendment Kaufman, Art 15 Amendment Canale,Art 13 Amendment
Canale
ADJOURN
Upon a motion duly made and seconded,the Select Board voted 5-0 to adjourn the meeting at 7:08
p.m.
A true record; Attest:
Kristan Patenaude
Recording Secretary
SELECT BOARD MEETING
November 9, 2021
A remote participation meeting of the Lexington Select Board was called to order at 6:03 p.m. on
Tuesday,November 9, 2021 via Zoom remote meeting services. Ms. Hai, Chair; Mr. Lucente; Vice Chair,
Mr. Pato, Ms. Barry, and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell,
Deputy Town Manager; Ms. Katzenback, Executive Clerk.
Ms. Hai stated that the meeting was being conducted via Zoom as posted,with the agenda on the Town's
website. Ms. Hai provided directions to members of the public watching or listening via the Zoom
application, regarding the procedure for making a public comment. Ms. Hai reminded Board members,
staff, and members of the public about Lexington's Standard of Conduct regarding civil discourse during
Town Government meetings.
Ms. Hai noted that there is a Save the Date for November 16, 2021, as an additional meeting, if need be.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Special Town Meeting 2021-1 Article Positions/Discussion
The Board discussed positions on the proposed Articles.
Regarding separating Article 5: Appropriate for Police Station Architectural Design and Swing Space
Construction into two votes,Ms. Hai noted that the previously approved Fire Station Headquarters was
brought to Special Town Meeting in October 2017 as two separate Articles, one to finish the design on
the headquarters building and a separate one for the construction of the swing space. Both articles were
subject to approval of a debt exclusion. The debt exclusion vote was held in December, which then
allowed the release of those two approvals by Town Meeting and the Board subsequently went to Annual
Town Meeting in the spring of 2018 for the construction funding for the headquarters building itself.
Ms. Hai noted that, through community outreach, it appears the community supports moving forward
with this project but has concerns with this Article combined, as written. While combining the Article
may be more efficient timewise and financially, it is not necessarily per the Town's past practice. Due to
the fact that this is the Board's Article,the Moderator will allow it to be split. The vote would be split into
one motion for approximately$255,000 for the design, engineering, and architectural services on the
main Police Headquarters building(1575 Massachusetts Avenue), and approximately$615,000 for the
renovations to 173 Bedford Street.
Mr. Lucente and Mr. Pato both agree with separating the Article and both support each piece of the
Article as separated.
Mr. Pato asked if the wording of the Article could reflect flexibility of the funds between the two projects.
Mr. Malloy stated that he would look into this.
In response to a question from Ms. Barry regarding the start of construction at 173 Bedford Street,
Director of Public Facilities, Mike Cronin, stated that the bid for this item would go out in January,with
construction to begin as soon as possible, likely within 3-6 months. Ms. Barry noted concern with starting
this work before the vote at Annual Town Meeting.
In response to a question from Ms. Barry regarding if the presentation of this Article contains information
on the construction at 1575 Massachusetts Avenue,Mr. Cronin stated that he does not believe there was a
plan to address the construction component and funding associated with that address during Town
Meeting.
Ms. Barry stated that she believes these numbers should be communicated during Town Meeting,
especially if debt exclusion is approximately 6 months away. Mr. Cronin stated that the project needs to
get into design development in order to have numbers.
Ms. Barry noted that she is okay splitting this Article,but that will not alleviate all her concerns. She
noted that she would be a yes on the item for 1575 Massachusetts Avenue,but a no on the 173 Bedford
Street item.
Mr. Sandeen noted that he is in favor of splitting the Article and is in favor of both parts of it,but believes
it is important to be explicit with the costs involved for each location.
Mr. Malloy stated that Town Counsel has noted that the funds must be appropriated for each specific
project, and so there cannot be flexibility between the funds for the two projects.
Mr. Cronin noted that enough funding is available to go through the design development phase and the
beginning of the construction design, even if this Article fails. While construction documents will not be
available for Annual Town Meeting, design documents were sufficient when presenting the Fire Station
Headquarters project and will be available for Annual Town Meeting.
In response to a question from Mr. Lucente regarding the Town's Emergency 911 System, Mr. Cronin
explained that the State will move the Town's 911 System but requires six months notice. The Town is
currently on the docket for next July. Mr. Lucente noted that this may be an advantage to having a
temporary station ready for the placement of the 911 System in July and not losing an additional six
months of time.
Ms. Hai noted that she is in support of both pieces of the Article, if it is split. If this Article is split, it will
be discussed at next Monday evening's session of Town Meeting.
In response to a question from Ms. Barry regarding flexibility of funds between the two projects, Mr.
Malloy stated that there would probably be slight flexibility, depending on if the Moderator determines it
to be within the scope of the Articles.
The Board agreed to leave the wording of the appropriation at$870,000.
Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to split Article 15 into
two motions: one for the approximately$255,000 for the design, engineering , and architectural services
for 1575 Massachusetts Avenue and the other for approximately$615,000 for the renovation of 173
Bedford Street.
The Board registered its positions for both articles:
For 1575 Massachusetts Avenue: Lucente—yes; Pato—yes; Barry—yes; Hai—yes; Sandeen—yes.
For 173 Bedford Street: Lucente—yes; Pato—yes; Barry—no; Hai—yes; Sandeen—yes.
The Board reviewed its positions on Article 13: Amend Zoning Bylaw-Diversity, Equity, Inclusion and
Permitting. The Board members are all not in favor of Mr. Canale's amendment. Regarding Mr. Daggett's
amendment: Barry—yes; Pato—yes; Lucente—wait; Sandeen—yes; Hai—no. The Board members are all
in favor of the main Article if the amendment passes.
The Board members are all in favor of Article 14: Amend Zoning Bylaw- Solar Energy Systems.
The Board registered its positions for Article 15: Amend Zoning Bylaw-Open Space Residential
Developments. Regarding Mr. Creech's three amendments: Pato: yes on 1 &3,wait on 2; Sandeen: yes
on 1 & 3,wait on 2; Hai: no on 1 & 3,yes on 2.
It was noted that the two alternate dates for an additional meeting are November 16'or November 22nd
Ms. Barry exited the meeting at 6:47pm.
Dawn McKenna, Precinct 6 Town Meeting Member,noted concerns with the split vote on Article 5. She
explained that there is concern about spending the money on the building before it is approved by a vote
at Annual Town Meeting because it's a large chunk of money for the Town to spend if it were to fail as a
debt exclusion. She requested that the Board make the 173 Bedford Street motion subject to a vote on the
construction funds at Annual Town Meeting, or subject to debt exclusion. If the Board decides not to do
this, she will move forward with her own amended motion at Town Meeting.
David Kanter,Vice Chair Capital Expenses Committee and Precinct 7 Town meeting Member, stated
that,unless a new Police Station is not needed, it is the Town's fiduciary responsibility to create a swing
space, as delaying will likely lead to increased costs to the project. He believes the Town should work to
get the best price on this project right now.
The next scheduled Board meeting is November 15, 2021, at 6pm.
DOCUMENTS: STM 2021-1 Positions Chart, Moderator Proposed STM Schedule for 11-9-21
EXECUTIVE SESSION
Upon a motion duly made and seconded,by roll call,the Select Board voted 4-0 at 6:54 p.m. to enter into
Executive Session under Exemption 3 Collective Bargaining Update -Fire Union. It was further declared
that an Open Meeting discussion may have a detrimental effect on the negotiating position of the town.
Ms. Hai announced that the Select Board would not return to Open Session and the Select Board would
adjourn the both the Executive Session and Select Board meeting at the end of the Executive Session.
ADOURN
Upon a motion duly made and seconded,by roll call,the Select Board voted 4-0 to adjourn the meeting at
7:17 p.m.
A true record; Attest:
Kristan Patenaude
Recording Secretary
SELECT BOARD MEETING
November 15, 2021
A remote participation meeting of the Lexington Select Board was called to order at 6:01 p.m. on
Monday, November 15, 2021 via Zoom remote meeting services. Ms. Hai, Chair; Mr. Lucente; Vice
Chair, Mr. Pato, Ms. Barry, and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms.
Axtell, Deputy Town Manager; Ms. Katzenback,Executive Clerk.
Ms. Hai stated that the meeting was being conducted via Zoom as posted,with the agenda on the Town's
website. Ms. Hai provided directions to members of the public watching or listening via the Zoom
application, regarding the procedure for making a public comment. Ms. Hai reminded Board members,
staff, and members of the public about Lexington's Standard of Conduct regarding civil discourse during
Town Government meetings.
There was no public comment at this time.
SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS
1. Select Board Member Concerns and Liaison Reports
No additional reports at this time.
TOWN MANAGER REPORT
No report at this time.
CONSENT AGENDA
1. Select Board Committee Appointments and Resignation
To appoint the following committee members with terms as indicated:
Name Committee Term Expiration
Cristian Delahuerta Design Advisory Committee September 30,2022
Sudhir Murthy Design Advisory Committee September 30,2022
Bobak Moshiri Greenways Corridor Committee September 30,2024
Suzan(Xuan)Chen Lexington Bicycle Advisory Committee September 30,2024
Mike O'Connor. Lexington Bicycle Advisory Committee September 30,2024
David Armstrong Lexington Bicycle Advisory Committee September 30,2022
Richard Brown Lexington Center Committee September 30,2024
Meg VanNostrand Lexington Center Committee September 30,2024
Larry Freeman Lexington Human Rights Committee September 30,2024
Christina Lin Lexington Human Rights Committee September 30,2024
Justin Pierce Massport Community Advisory Crate none
Jason Connell Tourism Committee September 30,2022
Elizabeth Xu Tourism Committee September 30,2022
Vishwanathan Krishnamoorthy Vision for Lexington Committee September 30,2024
Shannon Murtagh Vision for Lexington Committee September 30,2024
Meg VanNostrand Vision for Lexington Committee September 30,2024
To accept the resignation of Melinda Walker from the Housing Partnership Board effective immediately.
DOCUMENTS: Select Board Committee Appointments -November 15, 2021, Resignation Letter-M.
Walker
2. Approve Select Board Meeting Minutes-PULLED FOR INDIVIDUAL
CONSIDERATION, see below
3. Approve One-Day Liquor License
To approve a One-Day Liquor License for Spectacle Management to serve beer and wine in the lobby of
Cary Memorial Building, 1605 Massachusetts Avenue, for the purpose of one event as follows: Judy
Collins in Concert on Friday, December 10, 2021 from 7:00pm to 11:00pm.
4. Approve Small Cell Wireless Installation Policy-PULLED FOR INDIVIDUAL
CONSIDERATION, see below
5. Approve Tourism Committee Request for Alternative Benches—Battle Green Master Plan
To approve the Tourism Committee's request for alternative benches on the Battle Green as proposed at
the Select Board meeting on September 13, 2021.
DOCUMENTS: Letter of Support from Commission on Disability-Battle Green Alternative Bench
Request, Document Presented at 2021.09.13 SB Meeting-Battle Green Master Plan Bench Request,
HDC Certificate of Appropriateness—Battle Green District Benches
VOTE: Upon a motion duly made and seconded,the Select Board voted 5-0 by roll call to approve
Consent Agenda items 1, 3, and 5.
Pulled Consent Items to be addressed at a later meeting_
2. Approve Select Board Meeting Minutes
DOCUMENTS: DRAFT Select Board meeting minutes 09.27.21, DRAFT Select Board meeting minutes
10.12.21, DRAFT Select Board meeting minutes 11.01.21, DRAFT Select Board meeting minutes
11.05.21
4. Approve Small Cell Wireless Installation Policy
ACTION: This item will be placed on the Thursday,November 18, 2021, agenda for possible
consideration at that time.
DOCUMENTS: Draft- Small Cell Wireless Installation Policy,Draft- Small Cell Wireless Installation
Policy-redlined
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Public Hearing: Tax Classification Presentation
The Public Hearing was opened at 6:13pm.
Carolyn Kosnoff Assistant Town Manager—Finance,Board of Assessors(Greg Johnson, Ed Grant, and
Casimir Groblewski), and Assessor Rob Lynch presented to the Board.
Ms. Kosnoff stated that the classification amendment requires the Lexington Select Board to consider
four(4) selections with respect to the setting the FY2022 Lexington tax rate. These are:
1. Selection of a residential factor: Lexington can have a single tax rate, which is applied to
residential properties, and all of the other property classes -commercial, industrial, and personal.
Or it can have a split tax rate, in which it can shift up to 1.75%of the tax burden on to
commercial properties. Lexington has been using the latter of these two rates for a number of
years.
2. Selection of a discount for Open Space—There is no property in Lexington that this would apply
to.
3. Residential exemption—This would exempt residential parcels up to 35% of their value. The 35%
exempt for each property would then be shifted to the rest of the residential, commercial, and
industrial,personal properties. There is a breakeven point for this item. An ad hoc study
completed in 2018 recommended that the Town not adopt this item.
4. Small commercial property exemption—This would exempt small commercial properties for up
to 10% of their value. The criteria for meeting a small commercial exemption are that the
property must be valued under$1 M, and there must be less than 10 employees at all locations.
Ms. Kosnoff explained that the tax rate is essentially a calculation of the total tax levy,which is
essentially all of the Town's budget, divided by the value of all the properties in Lexington, subject to
some of those other options.
• Total fiscal levy in FY21 was $194.4M.
• Excluded debt in FY21 was $12.6M.
• For FY22,the maximum allowable levy is $218M, a 5.36%increase over last year.
• Residential valuations increased 6.9%.
• Total valuation of the Town's property is up to $14 billion, an 8.6%increase over last year.
• Standard, flat tax rate across all property classes would be $15.511$1,000.
• With the 1.75% shift,the CIP class would be at$27.14, and the Residential class at$13.75.
• Tax rate for FY21 was $14.39 and the average tax bill for a single-family dwelling was $16,241.
• If keeping at the 1.75% shift, the FY22 average tax bill for a single-family dwelling would be
$16,391.
• If a 1.70% shift is used instead, the average tax bill would be $16,531.
Mr. Johnson provide an overview of d.o.r. values by class: fy2021 to fy2022, - fy 2022 tax rate
shift options &property comparisons
Mr. Pato noted that he would like the Board to look at the tax information in its full context. He stated
that the commercial sector is now consistently bearing a higher rate,just as the residential sector did years
ago.
Mr. Lucente noted that commercial properties seem to be making up 11.7% of the total value,but almost
25% of the tax levy. He asked, if the Town picks the 1.75% shift for FY22, what the tax levy percentage
breakdown would be between commercial and residential. He stated that this may be the time to look at
reducing the shift a bit, due to the current economy.
Ms. Barry asked about the reduction of 12 properties within the retail section classification. Mr. Lynch
stated that those properties were mixed-use properties, and it did not make sense to remain in that
category.
Mr. Sandeen asked for actuals for the FY21 residential and commercial tax levies.
Dawn McKenna,Precinct 6 Town Meeting member, stated that there are many small businesses in Town that
are hurting, and she would like to see something done to ease their tax burden this year.
The Public Hearing was closed at 7:08pm.
ACTION: The Board will be asked to vote on this on November 30,2021. There Board will discuss at a future
meeting if it would like to hear additional presentations on this item.Members of the public can send
comments or questions to the Board.
DOCUMENTS: TaxClassification Packet FY2022
2. Special Town Meeting 2021-1 Article Positions/Discussion
The Board reviewed Article 15: Amend Zoning Bylaw-Open Space Residential Developments. The
Board remained at a vote of 3-2 for the main motion. The Board is all opposed to Mr. Canale's
amendment.
Regarding Article 16: Amend Zoning Bylaw—Residential Parking, all Board members are still in favor.
Regarding Article 7: Appropriate for Westview Cemetery Building Construction, all Board members are
still in favor.
Regarding Article 4: Amend FY2022 Operating Enterprise and CPA Budgets, all Board members are still
in favor.
The Board will potentially meet tomorrow evening at 6pm,prior to Special Town Meeting, and will meet
on Thursday evening at 6pm.
DOCUMENTS: STM 2021-1 Position Chart, Moderator's proposed schedule of articles for the Special
Town Meeting 2021-1 (as of 11-10-21),Amend Art 5 McKenna, Amend Art 10. Galaitsis
ADOURN
Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to adjourn the meeting at
7:15 p.m.
A true record; Attest:
Kristan Patenaude
Recording Secretary
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Annual License Renewals
PRESENTER:TER• ITEM
S
NUMBER:
Jill Hai, S elect Board Chair
C.2
SUMMARY:
The annual lic ens e renewals on the attached lists are ready for your approval and signatures.
SUGGESTED MOTION:
To approve and sign the lic ens e renewals as identified on the attached lists.
Move to approve the consent.
FOLLOW-UP:
Select Board Office
DATE AND APPROXIMATE TIME ON AGENDA:
12/6/2021
ATTACHMENTS:
Description Type
F) 2022 .:..., � ,� n � Ready j c �. ,SI T, �: Ilerrai
2022 ANNUAL LICENSE RENEWALS
December 6, 2021
Automatic Amusement Device License
Lexington Lodge#2204 B.P.O.E.
Class I License
Lexington Toyota
Class II License
A to ZAuto Wholesale
Lexington Auto Center, Inc.
Lexington Auto Service, Inc.
Mabuchi Motorcars
Minutemen Auto Haus
Class III License
John P. Carroll Company, Inc.
Common Carrier License
M&L Transit Systems Inc. -160
M&L Transit Systems Inc. -161
M&L Transit Systems Inc. -162
M&L Transit Systems Inc. -163
Common Victualler License
Alexander's Pizza
Bertucci's
Bruegger's Bagels#3711
Clay Oven Indian Restaurant
Daikanyama Japanese Cuisine
Dunkin Donuts-10 Woburn Street
Dunkin Donuts-141 Massachusetts Avenue
Dunkin Donuts-277 Bedford Street
Dunkin Donuts-323 Marrett Road
Fruitee Yogurt
it Casale
Inn at Hastings Park
Ixtapa Cantina
La Dolda, LLC
Common Victualler License (cont.)
Lexington House of Pizza
Lexington Lodge#2204 B.P.O.E.
Love at First Bite Thai Kitchen
Mario's Italian Restaurant
McDonald's
Nick's Restaurant of Lexington, Inc.
Peet's Coffee& Tea
Qdoba Mexican Eats
Rancatore's Ice Cream& Yogurt
Royal India Bistro
Taipei Gourmet
Via Lago Inc.
Wicked Bagel
Entertainment License
Berrucci's
Clay Oven Indian Restaurant
Crust& Curry
it Casale
Inn at Hastings Park
Love at First Bite Thai Kitchen
The Upper Crust
Via Lago Inc.
Lodging/Innholder License
Inn at Hastings Park
2022 Liquor Licenses Ready for Approval
December 6, 2021 Select Board Meeting
ALL ALCOHOLIC BEVERAGES WINE AND MALT
Bertucci's Daikanyama
Clay Oven Marios
II Casale Taipei Gourmet
Ixtapa Cantina
Lemon Grass RETAIL PACKAGE GOODS STORE
Revolution Hall Busa
Royal India Vinebrook Bottle
Via Lago Berman's
LLAWM-Lexington LLC
ALL ALCOHOLIC/IN NHOLDER
Inn at Hastings Park ALL ALCOHOLIC CLUB
Aloft Hotel Lex. Golf Club
Element Hotel
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Battle Green Use Request - Lexington Minute Men Musket Drill
PRESENTER:TER• ITEM
S
NUMBER:
Jill Hai, Select Board Chair
C.3
SUMMARY:
Lexington Minute Men, Inc., in c o llab o ration with the Lexington Historical Society and Lexington Visitors
Center, have requested permission from the Select Board for use of the Battle Green on Sunday, December
121 2021 from 1:00pm to 3:00pm as part of a Reenactment of Lexington's historic 1773 Tea Burning as
follows:
• Approximately 15 Lexington Minute Men(LMM) Members march from the Visitors Center Lawn to the
Minute Men Boulder to conduct the manual of arms at 12:3 0p m;
• LMM parade around the Common in military formation with approximately 15 members of the William
Diamond Junior Fife and Drum Corps at 1:00pm;
• LMM form near the Monument for the reading of names and musket solute volleys (LMM fire multiple
volleys for approximately one hour between 1:00pm to 3:00pm);
• LMM parades back to the Visitors Center Lawn for Tea Burning Reenactment at approximately 2:00pm.
Town Manager's Office has given permission to the Lexington Historical Society and Lexington Minute Men
for the use of the Visitors Center Lawn on Sunday, December 12, 2021. Please see the attached approval letter
for details.
The Police Department, Department of Public Works, and the Fire Department have no objections to this
request.
SUGGESTED MOTION:
To approve the request of Lexington Minute Men, Inc. to use the Battle Green on Sunday, December 12, 2021
to perform a musket drill at 1:00pm, as well as several musket fire volley demonstrations for approximately one
hour between 1:00pm to 3:00pm as outlined in the attached request letter dated November 9, 2021.
Move to approve the consent.
FOLLOW-UP:
Select Board Office
DATE AND APPROXIMATE TIME ON AGENDA:
12/6/2021
ATTACHMENTS:
Description Type
F) 13d'lde(.11.ven.Recl uel�st fior I il.�mn.gton.Minute Vl[en.2(.2......]Musket I k"Ickul,')Vlaterial
Dril I as Part of I x..�xiin.gton.`Fea BUY-I'ling I en.-(,
F) 'Town Ma.na.gerAj,,.-)j,,.)r(..)vaI I A.,,-t t e r fi.)r I)se of Visitors(.-,�enter I awn ft.)r Rackup VII(aterial
Tbe xextna n o Olen, 3nt+
POST OFFICE BOX 1775 LEXINGTON,MASSACHUSETTS 02420
CAPTAIN COMMANDING DAVID KEMPER
APR [Ir
Board of Selectmen 09Nov2021
1625 Mass. Ave.
Lexington, Mass. 02420
Re: Annual Tea Burning Reenactment
To the Honorable Board:
The Lexington Minute Men Company seeks your permission to hold our reenactment of
Lexington's historic 1773 Tea Burning this year on Sunday, Dec. 12.
We sponsor this event annually in collaboration with the Lexington Historical Society and the
Lexington Visitors' Center. An open invitation is extended to the entire Lexington community to
participate in commemorating this momentous protest, originally staged just three days prior to the
Boston Tea Party. Colonial clothing is encouraged, and some members of the public consistently
attend attired in period dress.
Lexingtonians of all ages gather and join us in destroying the tea and reading Town Meeting's
resolutions of Dec. 13, 1773. Probably written by the Rev. Jonas Clarke, the resolutions state that "If
any Head of Family in this Town, or any Person shall purchase or Consume any Tea, such person shall
be looked upon as an Enemy to this Town, &to this Country." Notable -- for we already viewed
ourselves as citizens of a new nation.
Following is our proposed itinerary for the day. An encampment will demonstrate Colonial
culture and defense preparation for the public. Colonial fife and drum music will provide the
atmosphere. Musket drills will demonstrate the sort of preparedness exercised by the Town of
Lexington in the two years leading up to 1775.
We request permission for a musket volley demonstration on the Common between 13:00-
15:00 to punctuate a typical militia drill of that era, while also remembering and honoring our
fallen.
"Stand yourground—(Don't fire unless firedupon; but if they mean to Have a war Let it begin
here."
-Apri(19, 1775— Captain Parker
Itinerary - Sunday,Dec. 12
1100 Lexington Minute Men set up camp including mess tent and small fire pit in Meriam
Park (Visitors Center grounds).
1200 LMM Assemble in camp for light lunch.
1230 LMM march to Common and form up near the Minute Men Boulder to conduct the
manual of arms (musket drill).
1300 LMM parade around the Common in military formation with Company fife and drum.
Form up near Monument for the reading of names and musket solute volleys. Safety
officer inspects the line. Company fires multiple volleys between 13:00-14:00. Safety
officer re-inspects the line.
1400 LMM parades back to Meriam Park and commences Tea Burning reenactment in
conjunction with Historical Society. Tea is destroyed in the fire, Town Meeting
resolutions of 1773 are read aloud. LMM members available to discuss event, unit, and
town's Colonial history with attendees.
1500 LMM break down camp; clean up and dispose of any refuse.
We always look forward to this recreation of a pivotal moment in town history, and the
opportunity it provides for us to engage with our fellow Lexingtonians in an immersive learning
experience.
On behalf of CPT David Kemper, our unit's 76th and present commander, I thank you for your
consideration.
Respectfully Submitted,
Kevin Collins
Adjutant, Lexington Minute Men
Robert Roell
Tea Burning Coordinator, Lexington Minute Men
"Stand'your Don't fire unless firedupon; but if they mean to have a war Let it begin
here."
-Aprill9, 1775— Captain Parker
:. .
Town of Lexington
H
Town Manager's Office
James J. Malloy, Town Manager Tel: (781) 698-4540
Kelly E. Axtell, Deputy Town Manager Fax: (781) 861-2921
November 3 01 2021
Ms. Sarah McDonough
Lexington Historical Society
Via email: e i, t .c�
Dear Ms. McDonough:
Permission is given to the Lexington Historical Society, in collaboration with the Lexington Minute
Men, to host your annual tea burning reenactment on Sunday, December 12, 2021 from 12:00 p.m.
until 4:00 p.m. on the lawn of the Visitors' Center(on the east side of Buckman Tavern). Set-up will
begin at 11:00 a.m. and clean-up should be completed by 4:00 p.m. You expect up to 100 people in
attendance.
You will want to make sure all details are finalized with the Fire Department (781-698-4700) with
regards to your bonfire. Please forward me an insurance certificate naming the Town as additionally
insured for the event.
Good luck!
Sincerely,
41
jj�
Catherine B. Severance
Office Manager/Special Events Coordinator
cc: Police Department, Fire Department, Department of Public Works, Visitors' Center/Economic
Development, Select Board
1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Approve Tax Bill Insert - Property Tax Deferral Program
PRESENTER:TER• ITEM
S
NUMBER:
Jill Hai, S elect Board Chair
C.4
SUMMARY:
The Tax Deferral and Exemption Study Committee is recommending the attached tax bill insert regarding the
To wn's Property Tax Deferral Program be included with the 3 rd quarter tax bill.
SUGGESTED MOTION:
To authorize the tax bill insert regarding the tax deferral program to be included in the 3rd quarter property tax
bill mailing.
Move to approve the consent.
FOLLOW-UP:
Treasurer/Collector to include slip with Q3 tax mailing.
DATE AND APPROXIMATE TIME ON AGENDA:
12/6/2021
ATTACHMENTS:
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AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Select Board Committee Appointment & Resignations
PRESENTER: ITEM
NUMBER:
Jill Hai, Select Board Chair
C.5
SUMMARY:
Resignations
Noise Advisory Committee
• The Select Board is being asked to accept the resignation of Chunyue (April) Wang from the Noise
Advisory Committee effective immediately.
Tourism Committee
• The Select Board is being asked to accept the resignation of Jason Connell from the Tourism
Committee effective immediately.
On behalf of the Town of Lexington, the Select Board Members would like to extend their many thanks to Ms.
Wang and Mr. Connell for their time and service to the community.
Appointment
Tourism Committee
• The Select Board is being asked to appoint Erin Sandler-Rathe to the Tourism Committee to fill an
unexpired term set to expire on September 30, 2022.
SUGGESTED MOTION:
To accept the resignations of Chunyue(April) Wang from the Noise Advisory Committee and Jason Connell
from the Tourism Committee effective immediately.
To appoint Erin Sandler-Rathe to the Tourism Committee to fill an unexpired term set to expire on September
30, 2022.
Move to approve the consent.
FOLLOW-UP:
Select Board Office
DATE AND APPROXIMATE TIME ON AGENDA:
12/6/2021
ATTACHMENTS:
Description Type
F) Resignation LiAter CIA.Wang I 3ackup Vlaterial
F) Resigi'i.atlon I tAter .1.C.A.m.n.ell flackup Material
F) 2011'1�'otji.isi-ri.C�.x)i.-r.ii.-r.iitteeA.pplicatioii E Sandler Rath e I 3(ackul,')Mlaterial
Stacey Prizio
From: Select Board
Sent: Wednesday, November 24, 2021 10:25 AM
To: Stacey Prizio
Subject: FW: Resignation letter-Chunyue Wang
From:April Wang����������
Sent: Wednesday, November 24, 20219:41 AM
To: Select Board <selectboard@lexingtonma.gov>
Subject: Resignation letter—Chunyue Wang
Dear ® Stacey Prizio,
I am writing to let you know that I will be resigningfrom my volunteering position as Member qfNA C. I have
sent the letter to the chairman of NA C. Here again, I want you know that I am sad to leave this team, but I look
forward to pursuing my CPA career and cannot continue to meet my volunteer commitments. I hope it is
effective immediately.
Thankyou,
Sincerely,
Chunyue (April) Wang
Stacey Prizio
From: Jason Connell
Sent: Saturday, November 20, 2021 2:44 PM
To: Stacey Prizio
Cc: Tourinfo; Kim Katzenback; Doug Lucente
Subject: Lexington Tourism Committee - Letter of Resignation
It was an honor to be selected to join this wonderful committee but unfortunately, after I submitted my name my
production schedule increased dramatically thus eliminating any free time I would have had to devote to the
committee.
So at this time, I feel the best thing to do is to resign my position to someone who can best serve the community
and committee's needs and responsibilities.
Thank you so much for your time and I would love to leave the door open to potentially serve on the
committee at a later time.
All the best,
Jason Connell
i
RECEIVED
FRE
C'
SEP 3 0 2,021
APPLICATION FOR APPOINTMENT T BOARD
SELECO
FOR BOARD/COMMITTEE MEMBERSHIP ---------
Board/Committeeof Interest: I.Tourism Committee 2.
3. 4.
Would you consider another Committee: N o
For how long should we keep your application on file? year
Erin Sandler-Rathe
Full Name. Nickname:
Ms.
Preferred Title(please circle)Mr./Ms./Mrs./Other.
Dame Address. 28 Hume Rd, Bedford Zip: 01730
Length of Residence in Lexington: Non-resident; em played 1 .5 years
Occupation: Executive Director, Lexington Chamber of Commerc
Work Address: 1620 M assach u setts Ave Ste 1 , 2420
Phone: Home Work Fax
Cell
E-mail: Primary: Secondary:
If you currently serve on a Board or Committee,please identify:
Please see attached resume.In brief,I have worked in academia,event planning and
Special Training, Interests,Qualifications:
owned my own retail business,As a volunteer with the Bedford Chamber for 5 years and now ED for the Lexington Chamber for the past 18 months,issues of economic development,culture and tourism have been at the front of my mind.
Have you been asked by a Committee to become a member? Yes
How did you hear about the Committee? Dawn McKenna
Please attach a current resume, if possible. Add any comments below or on a separate page.
Digitally signed by Erin Sandler
Signature: Date:2021.09.29 16:45:50-04'00' Date:
Erin Sandler-Rathe
28 Hume Rd
Bedford, MA 01730
PROFESSIONAL EXPERIENCE
Executive Director, Lexington Chamber of Commerce 2020—present
Leading the Chamber's 200+members through the pandemic. Providing a source of infor-
mation and advocacy for Lexington businesses and supporting economic growth. Key initiatives
include website management, social media, events, member engagement and fundraising.
Instructor, Middlesex Community College 2019-2020
Through MCC's Community Education and Training department, presented courses in social
media and branding.
Partner, Daydreamers Consulting 2018-2020
Strategy and design services for small business and nonprofits. Specialized in social media,
Web design, branding and coaching to give startups a boost to the next level.
Owner, Quinstance 2014-2018
Owned and ran a boutique carrying American-made and fair trade goods. Attended trade
shows and directed all purchasing, managed vendor relationships, built a customer base of over
3000, administered our e-commerce site, loyalty program and social media, and oversaw a staff
of 6.
Teaching Fellow, Tufts University &University of Houston 2006-2014
Taught 1 st and 2nd semester freshman composition. Developed students' writing, critical
thinking, research and editing skills.
Program Manager(School of Continuing Studies), Rice University 2004-2005
Managed enrollment and conference logistics for teacher training conferences, including
the largest AP summer institute in the country. Enrolled over 6000 students per year.
Assistant Director(Alumni Affairs), Rice University 2003-2004
Planned and executed formal and informal alumni events across the United States. Also
conducted specific engagement of affiliate groups, such as the Society of Latino Alumni at
Rice and Rice Engineering Alumni.
Registrar(Continuing Studies Program), Stanford University 2001-2003
Directed registration in the Continuing Studies Program for over 9000 students in over 400
courses per year. Oversaw the implementation of online registration and credit card processing.
Supervised a registration team and provided enrollment reports to Deans.
Human Resources Administrator, Corrigo, Inc. 2000-2001
Operations Manager, Circles 1999-2000
Sandler-Rathe 2
EDUCATION
A.B.D., English Literature, Tufts University
M.A., English Literature, University of Houston
B.A., Linguistics, Rice University
Professional Development
Member, Massachusetts Association of Chamber of Commerce Executives
Bedford Chamber of Commerce Board of Directors 2015-2020 (President 2019-2020)
Bedford Cultural Council, 2021—present
Bedford Cultural Working Group, 2018—present
Smart Phone Video School 2017
Martha Stewart Media American Made Summits 2014 and 2015
Numerous conferences and workshops in social media strategy, entrepreneurship, creative
placemaking, branding
Technical Skills
Data entry and reporting
Social Media: Instagram, Facebook, YouTube and Pinterest, including
advertising & analytics
Software: Adobe InDesign and Illustrator; Word, Excel, PowerPoint;
Quickbooks; Web design and management; POS, inventory and
payment systems; bulk e-mail clients; PC and Mac
Other
Teaching, writing and editing
Event planning and registration
Client engagement and retention
Purchasing
Spanish (reading/writing)
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Select Board Committee Appointment Term Corrections
PRESENTER:TER• ITEM
S
NUMBER:
Jill Hai, S elect Board Chair
C.6
SUMMARY:
At the Monday,April 5, 2021 Select Board meeting, David Hoose and Vivek Gupta were appointed to the
Design Advisory Committee as full members. The Select Board Office incorrectly listed both appointments as
three-year terms with a term expiration date of September 30, 2023 (members of the Design Advisory
Committee are to be appointed for a one-year term per the committee charge). Thus, the Select Board appointed
both members to the committee with the incorrect expiration date (the correct expiration date should have been
September 30, 2021). The Select Board is being asked to accept the term correction dates from September 30,
2023 to September 30, 2021 for both members allowing for two vacancies on the committee.
SUGGESTED MOTION:
To accept the correction of terms and term expiration dates for Design Advisory Committee Members David
Hoose and Vivek Gupta from a three-year term with an expiration date of September 30, 2023 to a one-year
term with an expiration date of September 30, 2021 for both members allowing for two vacancies on the
committee.
Move to approve the consent.
FOLLOW-UP:
Select Board O ffic e
DATE AND APPROXIMATE TIME ON AGENDA:
12/6/2021
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Battle Green Use/Walk Request - Martin Luther King Jr. Day
PRESENTER: ITEM
NUMBER:
Jill Hai, Select Board Chair
C.7
SUMMARY
The Town Celebrations Committee/MLK Day Commemoration Subgroup have requested approval for the
2022 Lexington MLK Day Commemoration for the use of the Battle Green to meet for a Unity Walk from the
Battle Green to the Cary Memorial Building on Monday, January 17, 2022. A group of participants would
meet at the Battle Green shortly before 1pm, then walk down Massachusetts Avenue to Cary Hall and then
disperse from there for volunteer activities.
Police confirmed they can assist with closing the portion of Massachusetts Avenue needed for the walk and
provide Police assistance for the actual Unity Walk down the road.
SUGGESTED MOTION:
to approve the request of the Town Celebrations Committee/MLK Day Commemoration Subgroup for the
2022 Lexington MLK Day Commemoration on Monday, January 17, 2022, which will include use of the Battle
Green and a walk along Massachusetts Avenue to the Cary Memorial Building.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
12/6/2021
ATTACHMENTS:
Description Type
D VIII K...Unity Wal ,q tie' t letter Ra,ckup V11'aterial.
November 7, 2021
Dear Lexington Select Board,
am writing as a member of the Lexington MLK Day Commemoration committee, a sub-group
of the Town Celebrations Committee. The MLK Day Commemoration group with the support of
the Town Celebrations Committee respectfully requests to hold the annual MLK Day Unity
Walk, from the Battle Green to Cary Hall, to be held on Monday,January 17, 2022 at 1pm. A
group of participants would meet at the battle green shortly before 1pm, then walk down
Massachusetts Avenue to Cary Hall and then disperse from there for volunteer activities
Volunteer participants and supporters of our MLK Day of Service, which annually supports more
than 4,000 underprivileged families with goods, services and activities, feel that the Unity Walk
is the most symbolic part of their day in which we honor Dr. King's legacy in the same manner
he led the civil rights movement-with a peaceful show of respect for the commemoration.
We typically attain 50-100 participants of all ages in the walk on one side of Massachusetts
Avenue and crossing over to Cary Hall, with the support of Town Police escort.
Our committee would appreciate consideration of our past success and impact this walk has
had on the commitment to serving underrepresented communities in our area. We also will
take any necessary precautions to optimize the health of participants.
Thank you in advance for your consideration.
Sincerely Yours,
Sam Zales
Lexington MLK Day Commemoration Committee Member
Town Celebrations Sub-Committee Representative
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AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Water and Sewer Commitments
PRESENTER: ITEM
NUMBER:
Jill Hai, Select Board Chair
C.8
SUMMARY
Water& Sewer Cycle 9 Billing September 2021 $ 389,170.45
Water& Sewer Finals October 2021 $ 7702.12
Water& Sewer Finals August 2021 $ 26,757.22
Water& Sewer Finals September 2021 $ 23,783.04
SUGGESTED MOTION:
To approve the above Water& Sewer Commitments.
Move to approve the consent.
FOLLOW-UP:
Treasurer/Collector
DATE AND APPROXIMATE TIME ON AGENDA:
12/6/2021
ATTACHMENTS:
Description Type
D Water&Sewer G)ami'litri'lients Dec 6,202.,1. Cbver V11'eri'lio
Department of' Public Works
177S Town of Lexington
.......... 14
r
Water and Sewer Enterprise Funds,
FISCAL YEAR 2022
AM I rr
tN
IN................
SEPTEMBER 2021
WATER $ 115,371.23 $1i 5f371.23
SEWER $ 8fA 11.81 $8f411.81
TOTAL: $231783.04 $23, 3.04
To the Collector of Revenue for the Town of Lexington:
You are hereby authorized and required' to levy and collect of the person!s named
in the list of water
/sewer charges herewith committed to you and each one his,/
respective portion herein set down of the sum total of such list. Said sum being:
Twenty three thousandseven hundredelghty three 041100
,And pay the some into the treasury of the Town of Lexington
and to exercise the powers conferred by low in regard thereto.,
DIRECTOR OF PUBLIC WORKS SELECT BOARD 12/6/2 1
Treasurer/Collector, Director of Public Works, Water/Sewer Billing
.....................
Department of Public Work,s
Town of Lexington
4( 43 Water and' Sewer Enterprise Funds
FISCAL YEAR 2022
OCTOBER 2021
WATER $ 313,751-50 $331751.50
SEWER, $ 431250,62 $431250.62
TOTAL: $77�1 0 0 2.12 $77r002.12
To the Collector of Revenue for the Town of Lexington.-
You are hereby authoritzed' and required to levy and collect of the persons named
in the list of water/sewer charges herewith committed to you and each one of his/her
respective portion herein set down of the sum total of such list. Said sum being:
Seventyseven thousandt-w10 i2liolo
And pay the same into the treasury of the Town of Lexington
and to exercise the powers conferred by low in, regard thereto.
C'>0
DIRECTOR OF PUBLIC WORKS SELECT BOARD 12/6/21
Treasurer/Collector, Directoir of Public Works, Water/Sewer Billing
CYCLE NINE BILLING COMMITMENT
P A
E MRTMENT OF PUBLIC WORKS
A
TOWN OF EXINGTON
WATER AND SEWER ENTERPRISE FUNDS
CYCLE' 9 BILLING
FISCAL,YEAR 2,021
Sep-21
......................................
WATER: $ 383oO2O.88_
BEDFORD FEE- $ �149.5 7
TOTAL: 389,170
To the Collector of Revenue for the Town of Lexington:
You are hereby authorized and required to levy and collect of the persons named in the list of water/sewer
charged herewith committed to you and each one of his/her respective portion herei'n set down to the sum
total of such list. Said sum being.-
Three fiii.,tidred,e-,Ioghtyti,1"1'1,e tholusandatie kitndre-pdserventy 451100'
And pay the same into the, treasury of the Town of Lexington, and to exercise, the powers conferred by
law in regard thereto.
SELECT BOARD 1221
DIRECTOR OF PUBLIC WORKS
""'I"'reasure,r/Collector, Director of Public Works,Water/Sewer Bifling
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Acceptance of Land Donation- 359 Lincoln Street
PRESENTER: ITEM
Charlie Wyman, Conservation NUMBER:
Commission Land Acquisition
Subcommittee I.1
SUMMARY:
Attached please find the documentation on the donation/proposed acceptance of this parcel, including a
memorandum outlining the b ene fits of of the acceptance, the plot plan, donation agreement and the vote the
Board would need to take in order to approve the Conservation Commission's acceptance.
In summary, the lot is approximately 17,770± square feet consisting of conservation jurisdictional
wetland resource areas, including an intermittent stream channel bisecting the lot along with
associated vegetated wetlands and 100-foot buffer zone from bank and wetlands. It is located across from
Idylwilde Conservation Area on Lincoln Street. Please refer to the attached Town G I S Map and Plan of Land
for a general location overview.
The Commission determined that the acceptance of this parcel is appropriate because it will provide for
permanent protection of sensitive wetland areas and associated upland forested buffer zones.
SUGGESTED MOTION:
That the Board vote as follows with respect to the land shown as Lot 1-B on a plan of land entitled "Plan of
Land in Lexington-Mass." dated February 10, 1956, prepared by Albert A. Miller and Wilbur C. Nylander,
Civil Engineers and Surveyors, recorded with the Middlesex South District Registry of Deeds (the "Regis!_ry")
at the End of Book 8701, and described in that certain Quitclaim Deed dated April 19, 2018 and recorded with
the Registry in Book 70894, Page 255 (the"Property"):
(a) To approve that certain Real Property Donation Agreement by and between 359 Lincoln Street, LLC and
the Town of Lexington, acting by and through its Conservation Commission, in the form presented to the Board at
its December 6, 2021 meeting;
(b) To approve the acceptance of the Property by the Town of Lexington Conservation Commission; and
(c) To authorize James J. Malloy, the Town Manager of the Town of Lexington, to take all actions on behalf
of the Town that are reas o nab ly necessary, in the judgment of the Town Manager, to complete the donation of
the Property in accordance with the Real Property Donation Agreement.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
12/6/2021 7:10pm
ATTACHMENTS:
Description Type
F) IVIlen-K.)f�orn Ck..)nservation 359 I.Air)(1101f) Ck.wer Vlernc)
F) Select,Board VNe Cbver Vllerft)
F) 359 Not Plan 1956 Ck,..)ver Vlernc)
F) F)(.m.atlion Agreernerif Cbver Vllerft)
rM
APRIL I "
MEMORANDUM
To: Select Board
James Malloy, Town Manager
From: Karen Mullins, Conservation Director
Date: December 1, 2021
Re: Gift of Land, Richard Domings, 359 Lincoln Street, LLC
Assessors Map 34, Parcel 113, 359 Lincoln Street (Lot 1-B on a plan of land entitled
"Plan of Land in Lexington-Mass." dated February 10, 1956)
The Conservation Commission requests that the Select Board vote during an upcoming early
December meeting to approve the Real Property Donation Agreement, to approve the acceptance
of the Property by the Conservation Commission, and to authorize the Town Manager to take all
actions on behalf of the Town to complete the gift of property per the attached Record Vote of
the Lexington Select Board. The Conservation Commission voted to accept this gift of land for
conservation purposes pursuant to G.L. Ch. 40, § 8C, and to expend associated due diligence
costs, up to $6,000, from the Lexington Nature Trust Fund on Monday, November 15, 2021.
For background information, Richard Domings has generously offered to gift this parcel of land
to the Town of Lexington Conservation Commission for conservation purposes as long as the
gift was completed before the end of 2021. The parcel of land is a vacant lot located at 359
Lincoln Street, Assessors Map 34, Parcel 113, and as further referenced above as Lot 1-B. The
lot is approximately 17,770± square feet consisting of conservation jurisdictional wetland
resource areas, including an intermittent stream channel bisecting the lot along with associated
vegetated wetlands and 100-foot buffer zone from bank and wetlands. It is located across from
Idylwilde Conservation Area on Lincoln Street. Please refer to the attached Town GIS Map and
Plan of Land for a general location overview.
The Commission determined that the acceptance of this parcel is appropriate because it will
provide for permanent protection of sensitive wetland areas and associated upland forested buffer
zones. In addition, this lot has a lengthy permit denial and appeal history dating back to 1991,
and it would be beneficial for this lot to be taken out of private ownership and permanently
protected to avoid future development proposals and associated lengthy costly appeals of permit
denials.
If you have any questions, please do not hesitate to contact me. Thank you.
RECORD VOTE OF THE LEXINGTON SELECT BOARD
DECEMBER , 2021
At a duly called public meeting of the Lexington Select Board on December , 2021, the
Board voted as follows with respect to the land shown as Lot 1-B on a plan of land entitled "Plan
of Land in Lexington-Mass." dated February 10, 1956, prepared by Albert A. Miller and Wilbur
C. Nylander, Civil Engineers and Surveyors, recorded with the Middlesex South District Registry
of Deeds (the "Remy") at the End of Book 8701, and described in that certain Quitclaim Deed
dated April 19, 2018 and recorded with the Registry in Book 70894, Page 255 (the "Property"):
(a) To approve that certain Real Property Donation Agreement by and between 359 Lincoln Street,
LLC and the Town of Lexington, acting by and through its Conservation Commission, in the
form presented to the Board at its December , 2021 meeting;
(b) To approve the acceptance of the Property by the Town of Lexington Conservation
Commission; and
(c) To authorize James J. Malloy,the Town Manager of the Town of Lexington,to take all actions
on behalf of the Town that are reasonably necessary, in the judgment of the Town Manager, to
complete the donation of the Property in accordance with the Real Property Donation
Agreement.
TOWN OF LEXINGTON
SELECT BOARD
Jill I. Hai, Chair
Douglas M. Lucente, Vice-Chair
Joseph N. Pato
Suzanne E. Barry
Mark D. Sandeen
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REAL PROPERTY DONATION AGREEMENT
As of this day of , 2021 (the "Effective Date"):
1. Parties and Mailing Addresses:
359 LINCOLN STREET, LLC, a Massachusetts limited liability company, with a usual
place of business at 39 Valleyfield Street, Lexington, Middlesex County, Massachusetts
("DONOR"), agrees to donate and
The TOWN OF LEXINGTON, a Massachusetts municipal corporation,with a mailing
address of 1625 Massachusetts Avenue, Lexington,Middlesex County, Massachusetts
02420, acting by and through its Conservation Commission ("DONEE"), agrees to
accept, upon the terms set forth herein, the following described premises:
2. Description:
A certain parcel of land in Lexington, Middlesex County, Massachusetts, being shown as
Lot 1-B on a plan of land entitled "Plan of Land in Lexington-Mass.," dated February 10,
1956, prepared by Albert A. Miller and Wilbur C. Nylander, Civil Engineers and
Surveyors, and recorded with the Middlesex South District Registry of Deeds (the
"Registry") at the End of Book 8701 (the "Property").
Being the same premises conveyed to Donor by that certain Quitclaim Deed dated April
191 2018 and recorded with the Registry in Book 70894, Page 255.
3. Title Deed:
The Property is to be conveyed by a good and sufficient quitclaim deed running to
DONEE, and said deed shall convey a good and clear record and marketable title thereto,
free from encumbrances, except
(a) Such taxes for the then current year as are not due and payable on the date
of the delivery of such deed;
(b) Any liens for municipal betterments assessed after the date of this
Agreement;
(c) Easements, restrictions and reservations of record, if any, so long as they
do not interfere with the current use of the Property.
4. Consideration and Charitable Contribution:
The parties mutually agree and acknowledge good and valuable consideration for this
Agreement, including DONOR's agreement to donate the Property and DONEE's
agreement to accept the Property pursuant to the terms hereof.
DONOR intends that the conveyance contemplated hereunder will be a charitable
contribution to DONEE. DONEE makes no representation as to the tax consequences of
{A0615092.1} 1
the transaction contemplated by this Agreement, and DONOR will, at its option, obtain
independent tax counsel related to same.
DONEE agrees that it will not transfer the property sooner than three (3) years from the
date the deed is recorded.
Notwithstanding anything set forth herein to the contrary, DONOR will be solely
responsible for compliance with the gift value substantiation requirements of the Internal
Revenue Code, if applicable to the transaction contemplated by this Agreement.
5. Time for Performance, Delivery of Deed:
Such deed is to be delivered at 10:00 A.M. at the office of the Conservation Commission
located at 1625 Massachusetts Ave, Lexington, MA 02420 on [December 17], 2021 (the
"Closin Date"), unless otherwise agreed upon in writing by the parties, but in no event
later than December 29, 2021. 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 and free of any personal
property of DONOR is to be delivered at the time of the delivery of the deed, the
Property to be then in compliance with provisions of any instrument referred to in
Paragraph 3 hereof.
7. Extension to Perfect Title or Make Property Conform:
If at the time for performance of this Agreement DONOR 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) DONOR shall use reasonable, 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 (b) the date for closing 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 DONOR to effect such necessary cure to the title or
condition of the Property, and in no case shall be after December 29, 2021, without the
consent of DONOR. Reasonable, good faith efforts shall not require the Donor to expend
more than $500.00, independent of sums paid to satisfy voluntary monetary liens.
8. Failure to Perfect Title or Make The Property Conform:
If at the expiration of the extended time DONOR shall have failed so to remove any
defects in title, deliver possession, or make the Property conform, as the case may be, all
as herein agreed, then DONEE shall either (1) accept at the closing such title as DONOR
is able to deliver and waiving any unsatisfied condition precedent, in which case the
DONOR shall deliver such title and possession, or(2) decline to proceed to closing. In
the latter event, except as expressly set forth herein, all obligations, liabilities and rights
{A0615092.1} 2
of the parties under this Agreement shall terminate, this Agreement shall be null and void
and without recourse to the Donor and Donee.
9. Acceptance of Deed:
The acceptance and recording of a deed by DONEE 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, or by later agreement, to be performed
after or survive the delivery of said deed.
10. Adjustments:
Taxes, if any, for the then current fiscal year shall be apportioned as of the day of
performance of this Agreement. In addition, Donor agrees to pay at or prior to the
Closing Date all outstanding taxes related to that certain Tax Taking recorded with the
Registry in Book 73048, Page 74.
11. 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, with a
reapportionment as soon as the new tax rate and valuation can be ascertained. If the taxes
which are to be apportioned shall thereafter be reduced by abatement, the amount of such
abatement, less the reasonable cost of obtaining the same, shall be apportioned between
the parties, provided that neither party shall be obligated to institute or prosecute
proceedings for an abatement unless herein otherwise agreed.
12. DONEE's or DONOR's Default:
If DONEE shall fail to fulfill DONEE's agreements herein, DONOR may terminate this
Agreement and this shall be DONOR's sole and exclusive remedy at law or in equity for
any breach of this Agreement by DONEE. If DONOR shall fail to fulfill DONOR's
agreements herein, DONEE shall be entitled to pursue all remedies available to it in law
and in equity, including without limitation specific performance.
13. 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 title to the Property shall be at the time of
closing insurable at normal title insurance premium rates for the benefit of DONEE at
DONEE's expense, by a nationally-recognized title insurance company, upon delivery
from DONOR to DONEE of the deeds contemplated by this Agreement and upon
recordation of such deeds, by an owner's title insurance policy(on the current ALTA
form) insuring fee title in DONEE free from all exceptions other than those exceptions
set forth or allowed by in Paragraph 3.
14. Form of Deed:
{A0615092.1} 3
At the time of Closing, DONOR shall deliver a quitclaim Deed substantially in the form
attached hereto as Exhibit A, with final changes, if any, as mutually agreed upon by the
parties.
15. 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 DONOR, to: 359 Lincoln Street, LLC
39 Valleyfield Street
Lexington, MA 02421
Tel: 781-862-0735
with copy to: Alan Wrigley, Esq.
Law Office of Alan Wrigley
114 Waltham Street, Suite 14
Lexington, MA 02421
Tel: 781-861-9097
in case of notice to DONEE, to: Karen Mullins
Conservation Director
Town of Lexington
1625 Massachusetts Avenue
Lexington, MA 02420
Tel: 781-698-4501
with a copy to: Stephanie Dubanowitz, Esq.
Anderson & Kreiger LLP
50 Milk Street, 21 St Floor
Boston, MA 02110
Tel: 617-621-6551
Any such notice shall be deemed given when so delivered by hand or, if sent by Federal
Express or other recognized overnight delivery service providing a receipt or if by
facsimile (with proof of transmission), on the same business day.
16. REBA Standards:
{a0615092.1} 4
Any matter or practice arising under or relating to this Agreement that is the sub j ect of a
title or practice standard of the Massachusetts Real Estate Bar Association shall be
governed by such standard to the extent applicable, unless specifically provided
otherwise in this Agreement and so long as not contrary to Massachusetts law and case
law.
17. Underground Fuel Storage Tanks:
DONOR represents that, to the best of DONOR's actual knowledge and belief but
without having made any investigation as to same, there are no underground fuel storage
tanks on the Property. The provisions of this Paragraph 17 shall survive delivery of the
deed.
18. DONOR's Delivery of Documents:
DONOR shall cooperate with DONEE by executing, acknowledging, swearing to the
truth of the contents and delivering such instruments as may reasonably and customarily
be required by DONEE's title insurance company and/or DONEE's attorney in
conjunction with the closing.
19. Extensions:
By executing this Agreement, DONEE and DONOR hereby grant to their respective
attorneys the actual authority to bind them by facsimile or by scan and email for the
limited purpose of allowing them to grant extensions hereunder, and DONEE and
DONOR 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, provided, however, that the closing may not be extended past December 31,
2021, without DONOR'S express written consent.
20. Suits or Judgments:
DONOR represents to the best of its actual knowledge and belief that DONOR has no
written notice or actual knowledge of any suits or judgments in relation to the Property,
and DONOR represents that DONOR has no actual knowledge of any pending
bankruptcy, mortgage foreclosure, or other proceeding which might in any material way
impact adversely on DONOR's ability to perform under this Agreement. The provisions
of this paragraph shall survive the delivery of the deed for the Property or the early
termination hereof.
21. Liability of Trustee, Shareholder, Beneficiary, Etc.:
If the DONOR or DONEE executes this Agreement in a representative or fiduciary
capacity, only the principal or the estate represented shall be bound, and neither the
DONOR or DONEE so executing, nor any officer or Director, shall be personally liable
for any obligation and/or representation made in this Agreement, whether express or
implied, hereunder.
{A0615092.1} 5
22. Brokers:
DONOR and DONEE 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.
23. Municipal Purposes:
DONEE is acquiring the Property for conservation purposes.
24. Municipal Approvals and Process:
Notwithstanding anything set forth herein to the contrary, DONEE's obligations
hereunder are expressly subject to and contingent upon DONEE obtaining all municipal
approvals and completing all legally required steps that are required for the acceptance of
the Property.
25. Disclosure of Beneficial Interest Form:
Prior to the Closing Date, DONOR shall provide the disclosure of beneficial interest form
that is attached hereto as Exhibit B, as required under M.G.L. c. 7C section 38. Upon
receipt of the completed form from DONOR, DONEE shall promptly file this form with
the Division of Capital Asset Management of Massachusetts.
26. Assignment:
DONOR shall not be entitled to assign any of the rights hereunder, and DONEE shall be
entitled to terminate this Agreement in the event of any such assignment. DONEE shall
not be entitled to assign this Agreement or any of the rights hereunder and any purported
assignment in violation of this provision shall be null and void.
27. Severability:
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable, the remainder of this Agreement shall nonetheless remain in
full force and effect, 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.
28. 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 inures to the benefit of the parties hereto and their respective
heirs, devisees, executors, administrators, successors and assigns, and may be cancelled,
{A0615092.1} 6
modified or amended only by a written instrument executed by both DONOR and
DONEE. 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.
29. Condition of Property:
The DONEE is accepting the Property in its "AS IS" as of the date hereof and is not
relying upon any representations from the DONOR, except as specifically set forth in this
Agreement and as limited therein.
30. Signatures:
For purposes of this Agreement and any extensions or amendments to same, an
electronic, facsimile or scanned and emailed signature by any party shall be legally
binding upon such party.
[The remainder of this page has been intentionally left blank]
{A0615092.1} 7
In witness whereof, the parties hereto affix their hands and seals as of the date first set
forth above.
DONOR: DONEE:
359 LINCOLN STREET, LLC TOWN OF LEXINGTON
By its Conservation Commission
By•
Richard P. Domings, Manager
Philip Hamilton, Chair
Duly authorized
f A0615092.1} 8
Exhibit A
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
"FACE A 6'VE FOR REGISTRY USE ONLY'
QUITCLAIM DEED
359 LINCOLN STREET, LLC, a Massachusetts limited liability company, with an address of 39
o Valleyfield Street, Lexington, MA 02420 (GRANTOR),
For nominal consideration of less than $100.00 paid,
a�
Grants to The TOWN OF LEXINGTON a Massachusetts municipal corporation, actin b and
p rP � g y
through its Conservation Commission, with a mailing address of 1625 Massachusetts Avenue,
Lexington, MA 02420 (GRANTEE) for conservation purposes
0
U
WITH QUITCLAIM COVENANTS,
M A certain parcel of land in Lexington, Middlesex County, Massachusetts, being shown as Lot 1-
B on a plan of land entitled"Plan of Land in Lexington-Mass." Dated February 10, 1956,
prepared by Albert A. Miller and Wilbur C. Nylander, Civil Engineers and Surveyors, recorded
� with the Middlesex South District Registry of Deeds (the "Remy") at the End of Book 8701.
Being the remises conveyed to GRANTOR b deed dated Abbbbbbri��il 19 2018 recorded with the
g p y Y p
Registry in Book 370894, Page 255.
0
a The foregoing is conveyed subject to, and with the benefit of, easements, restrictions and
encumbrances of record, if any, in so far as the same may now be in force and applicable.
No Massachusetts excise stamps are affixed hereto as the GRANTEE is a municipality.
[For signatures see next page]
{A0615092.1} 9
WITNESS my hand and seal as of the day of , 2021.
359 LINCOLN STREET, LLC, a Massachusetts
limited liability company
By:
COMMONWEALTH OF MASSACHUSETTS
Middlesex County , 2021
Then personally appeared before me, the undersigned notary public, the above-named
, of 359 Lincoln Street, LLC, a Massachusetts limited
liability company, known to me or proved to me through satisfactory evidence of identification,
which were , to be the person whose name is signed on the preceding
or attached document in my presence and acknowledged to me that he signed it voluntarily for its
stated purpose as of 359 Lincoln Street, LLC.
Notary Public:
My commission expires:
{A0615092.1} 10
ACCEPTANCE OF DEED BY TOWN OF LEXINGTON
CONSERVATION COMMISSION
The Town of Lexington, a Massachusetts municipal corporation, acting by and through its
Conservation Commission, hereby accepts this deed from 359 Lincoln Street, LLC on this
day of , 2021; such land is accepted on behalf of and to be placed in the
custody and control of the Conservation Commission under M.G.L. c. 40, Sec. 8C.
TOWN OF LEXINGTON
By its Conservation Commission
Philip Hamilton, Chair
Duly authorized
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss:
On this day of 2021, before me, the undersigned notary public,
personally appeared , and
proved to me through satisfactory evidence of identification which was
to be the person whose names is signed on the proceeding
or attached document, and acknowledged to me that he signed it voluntarily for its stated
purpose.
Notary Public
My Commission Expires:
{A0615092.1} 11
Exhibit B
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)
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.
{A0615092.1} 12
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, 15t" Floor, Boston, MA 0210
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: 359 Lincoln Street, Lexington, MA
(2) TYPE OF TRANSACTION, AGEEMENT, or DOCUMENT: Donation
(3) PUBLIC AGENCY PARTICIPATING in TRANSACTION: The Town of Lexington,
acting by and through its Conservation Commission
(4) DISCLOSING PARTY'S NAME AND TYPE OF ENTITY (IF NOT AN INDIVIDUAL):
359 Lincoln Street, LLC, a Massachusetts limited liability company
(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 o 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
{A0615092.1} 13
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,
® 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):
(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
lA0615092.1 14
Interest in such property, as provided for above, within thirty days of such
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
{A0615092.1} 15
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Presentation- Hobbs Brook Real Estate LLC Preliminary Site Development and Use Plan
(PSDUP) - 95/99 Hayden Avenue
PRESENTER: ITEM
NUMBER:
Sam Schaefer and Peter Tamm,
Hobbs Brook I.2
SUMMARY:
Attached please find the presentation from Hobbs Brook on the proposed development at 95/99 Hayden
Avenue. This site has an approved PSDUP and they are s e eking to modify that p revio us approval with anew
proposal that will move the new development further from the abutting residential area. The Town is actively
working with the property owner on a revised M O A for a new P S D UP that is proposed to go to Town
Meeting in the Spring.
SUGGESTED MOTION:
No vote at this time.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
12/6/2021 7:15pm
ATTACHMENTS:
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AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Presentation- Harrington Road/Bedford Street Intersection Design
PRESENTER: ITEM
NUMBER:
John Livsey, Town Engineer; Ross
Morrow,Assistant Town Engineer I.3
SUMMARY:
John Livsey, Town Engineer will present the concept designs for the Battle Green Streetscape Improvements
which includes intersection and pedestrian safety design improvements, including the intersections at
Massachusetts Ave and Bedford Street; Massachusetts Ave and Harrington Road; and Bedford Street at
Harrington Road/Hancock Street.
SUGGESTED MOTION:
No motion is sought this evening, this is the initial presentation.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
12/6/2021 7:45pm
ATTACHMENTS:
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AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Update on Cedar Street Sidewalk
PRESENTER: ITEM
Sheila Page,Acting Planning Director; NUMBER:
Ross Morrow,Assistant Town
Engineer I.4
SUMMARY
Attached please fmd the recommendation from the Traffic Safety Group on the sidewalk construction and
planned schedule for the Cedar Street Sidewalk Project. The first portion of the funding would be for the
design at the 2022 Annual Town Meeting with the design and construction funding/construction as follows:
Design funding request at 2022 ATM
Design FY 2023
Construction funding request 2023 ATM
Bid FY 2024
Construct Summer/Fall 2024
SUGGESTED MOTION:
The Board does not need to take a formal vote at this time as this will be included in the Annual Town Meeting
warrant for the design construction, but a consensus of the Board on whether you support that would be
helpful as we plan articles for the 2022 ATM.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
12/6/2021 8:15pm
ATTACHMENTS:
Description Type
F) C�edar Street Sidewalk Reconin-undation.VII.eni.(.,) (Awer Merno
F) CA-clar Street,Sidewalk.plan. CA)v e r M e mo
TOWN OF LEXINGTON
_ TRA NspoR TA TION,SSA FE TY GR O UP
-
1625 Massachusetts Avenue Contact:
` Lexington,Massachusetts 02420 Sheila Page
w PRILt 781-698-4560 Assistant Planning Director
htt s://www.lexin tonma. ov/trans ortation-safety-group sae lexin tonma. ov
p g g p pg � g g
Date: December 1, 2021
To: Jim Malloy; Town Manager
Cc: Kim Katzenback, Executive Clerk Select Board
John Livsey, Town Engineer
Carol Kowalski,Assistant Town Manager for Land Use Health and Development
Fr: Transportation Safety Group - Sheila Page,Assistant Planning Director
RE: Budget Request for the Cedar Street Sidewalk
At the September 26, 2021 Select Board meeting TSG presented to the Select Board a capital request to
design and construct a sidewalk on one side of Cedar Street from Massachusetts Avenue to Denver Street;
approximately 0.5 miles.
The Select Board asked that TSG further refine the request by:
• Considering extending the sidewalk all the way to the end at Pine Hills Golf Course.
• Considering including improvements to the Cedar/Paul Revere/Hill intersection
• Considering in more detail which side of the street is proposed and the potential impacts.
Feedback from the neighborhood also demonstrated an interest in"fixing"the Hill/Paul Revere/Cedar
Street intersection for both motorists and pedestrians. After feedback from the Select Board and many
comments from residents, TSG re-examined how a sidewalk could be installed along the full length of
Cedar Street. Posted with this memo is a revised conceptual plan which notes potential impacts.
The sidewalk could be extended to Pine Hill Golf Course with minimal impact to private property and the
need for tree removal, if the roadway width was reduced to 18 feet. The segment from Hill Street to Mass
Ave will have the most impact on abutters as many homes are closer to the street than the required front
setback,the right-of-way is narrow, and there are several large trees. Careful consideration by a design
consultant will help us overcome/mitigate these issues
A design consultant will help us make the final determination as to location and design. Due to utility
poles,trees and substantial landscape features the consultant will be directed to design a sidewalk on the
north side of the street.
Since the September 26 Select Board meeting, TSG has been advised that due to budget demands, it is
preferable that the capital request be split over two years. The proposed schedule is:
• Design funding request at 2022 ATM
• Design FY 2023
• Construction funding request 2023 ATM
• Bid FY 2024
• Construct Summer/Fall 2024
Our recommendation remains that a sidewalk would increase safety on Cedar Street. TSG's
investigations are conceptual as an in-depth analysis will determine the final proposal. The final location
and design will be presented before construction funds are requested.
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AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Establish 2022 Annual Town Meeting and Annual Town Election Dates
PRESENTER:TER• ITEM
S
NUMBER:
Kelly Axtell, Deputy Town Manager
I.5
SUMMARY.-
To establish dates for the 2022 Annual Town Election and 2022 Annual Town Meeting. The suggested date
are:
• Wednesday, December 29, 2021: due date for Citizens Petition and draft motions for the 2022 Annual
Town Meeting Warrant
• Monday, March 7, 2022:Annual Town Election
• Monday, March 28, 2022: Opening Session of the 2022 Annual Town Meeting.
The draft warrant will be available for Select Board review for the meeting on January 10, 2022.
The final warrant will need to be voted and signed by the S elect Board on January 24, 2022.
SUGGESTED MOTION:
Move to open the 2022 Annual Town Meeting Warrant for submission of Citizen Petitions through
Wednesday, December 29, 2021 at 4:00 p.m.
Move to establish Monday, March 7, 2022 as the date for the 2022 Annual Town Election.
Move to establish Monday, March 28, 2022 as the date for the opening session of the 2022 Annual Town
Meeting.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
12/6/2021 8:45pm
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Review and Approve Affordable Housing Trust Study Committee Appointments
PRESENTER: ITEM
NUMBER:
Jill Hai, Select Board Chair
I.6
SUMMARY:
The Select Board is being asked to appoint the following seven members to the Affordable Housing Trust
Study Committee for a term set to expire in three years or until the completion and filing of the report with the
Select Board:
1. Jeri Foutter
2. Carol Marine
3. Tara Mizrahi
4. Linda Prosnitz
5. Gretchen Reisig
6. Kathryn Roy
7. Betsey Weiss
The Select Board is also being asked to designate the members of the Affordable Housing Trust Study
Committee as Special Municipal Employees.
Lastly, Select Board Member Mark Sandeen has been assigned as the non-voting liaison to the Affordable
Housing Trust Study Committee.
SUGGESTED MOTION:
Move to appoint Jeri Foutter, Carol Marine, Tara Mizrahi, Linda Prosnitz, Gretchen Reisig, Kathryn Roy and
Betsey Weiss to the Affordable Housing Trust Study Committee for a term set to expire in three years or until
the completion and filing of the report to the Select Board, and to further designate all seven members of the
Affordable Housing Trust Study Committee as Special Municipal Employees.
FOLLOW-UP:
Select Board Office
DATE AND APPROXIMATE TIME ON AGENDA:
12/6/2021 8:50pm
ATTACHMENTS:
Description Type
F) 202.1 Aflbrd,a ble Flousing'"171111st to ]I,.)I)li(.,,ation .1.1"OLItler 1-3ackup Material
F) 202A.Affi.)rdable Flousing'17rust St-udy(AwniAttee Application. C N. I[arine Backup Material
D 2021 Affordable lJousing'"I'nist Study Cornryittlee Application '17.MIA11,1111, 13ackup Material
F) 2021 At"tZ.)rdable Housing"I'miist Study CA.)i-ni-nittee Application L.,.11n.)snitz M ckup Material
F) 2021 Affordable I Iousing'"Frust Study Cbrrm.,-nittee Applic ation. (J.Reis ig Backup material
F) 20,'1 Affbrdable Housing]..'rust Study(A)rrvnittee Application R'oy Rackup Material
F) 2021.Aflbrdable I lousing'17rust Study .B.Weiss 13,,,ickup vlaterial
RECEIVED
APPLICATION FOR APPOINTMENT NOV 0 5 2021
FOR BOARD/COMMITTEE MEMBERSHIP SELECT BOARD
Board/Committee of Interest: 1.Affordable Housing Trust Study Committee 2.
3. 4.
Would you consider another Committee: -No, Thank you.
For how long should we keep your application on file? Until the seven members have been appointed.
Jeri FOutter NA
Full Name.. Nickname:
Preferred Title(please circle)Mr./Ms./Mrs./Other:/Ms./Mrs./Other. Ms.
Home Address: 4 Locke Lane, Lexington, MA Zip: 02420
Length of Residence in Lexington: 31 years
Occupation: Financial Institution Philanthropy
Work Address: 1374 Massachusetts Ave, Cambridge, MA 02138
Phone: Home Work Fax
Cell
E-mail: Primary: Secondary:
If you currently serve on a Board or Committee,please identify: Housing Partnership Board
Special Training, Interests, Qualifications:
Have you been asked by a Committee to become a member? NA
How did you hear about the Committee? Ms. Kowa l s k i
Please attach a current resume, if possible. Add any comments below or on a separate page.
Digitally signed by Jed Foutter
Signature: Jeri F'outter Date:2021.11.05 16:20:14-04'00' Date: November 5, 2021
RECEIVED
APPLICATION FOR APPOINTMENT NOV 0 5 2021
FOR BOARD/COMMITTEE MEMBERSHIP S]�LECT BOAR
Board/Committee of Interest: 1.Affordable Housing Trust Study Committee 2.
3. 4.
Would you consider another Committee: not at this time
For how long should we keep your application on file? 3 ygars
Carol Mari ne
Full Name. Nickname:
Preferred Title(please circle)Mr./Ms./Mrs./Other:
Home Address. 18 Oakmou nt Circle Zip: 02420
Length of Residence in Lexington: 31 years
Occupation: Affordable Housi ng Advocacy
work One Beacon St., 5th Floor, Boston 021 08
Phone: Home Work Fax
Cell
E-mail: Primary: Secondary:
If you currently serve on a Board or Committee,please identify:
Special Training, Interests, Qualifications:
Affordable Housing Advocacy Professional - 11 years - please refer to attached statement and resume
Have you been asked by a Committee to become a member? n o
How did you hear about the Committee? communitymembersinterested in affordable housing production and town website
Please attach a current resume, if possible. Add any comments below or on a separate page.
Signature: C44.4t?4. W4UA;t4. Date: November 5, 20►21
Carol A. Marine
18 Oakmount Circle
Lexin ton,MA 02420
November 5, 2021
Lexington Select Board
Per email at SelectBoard@LexingtonMA.gov
Application Submission for Membership on the Affordable Housing Trust Study
Committee
Dear Members of the Select Board,
I respectfully submit my application for membership on the Affordable Housing Trust
Study Committee. Since 2010 (and continuing), I have worked in affordable housing
advocacy at Citizens' Housing and Planning Association (CHAPA), the state's umbrella
organization for the advocacy of affordable housing and community development. As a
Senior Program Manager, I am involved in a number of initiatives that further the
production and preservation of affordable housing, and I welcome the opportunity to
contribute to the consideration of the establishment of a municipal affordable housing
trust and/or a CDC to further Lexington's affordable housing needs and goals.
As set forth in your charge, the process for collecting and analyzing data, identifying
funding sources (including potential new sources from the recently passed Housing
Choice legislation) and ensuring meaningful roles of stakeholders mirrors the approach
that informs much of my work at CHAPA. We strive to ensure that multiple points of
view inform the decision-making process and contribute to the success of the initiative.
Like most residents who have raised a family in Lexington and chose to remain, I love
much about our community, but there is always room for improvement. As we learned
during COVID-19, housing is the epicenter of our family, our health, our education, our
work and our neighborhoods. Providing housing opportunities to households at all
levels of affordability would help meet our articulated housing needs, our equity goals
and would ensure that Lexington is a welcoming community to all.
Thank you for your consideration.
Very truly yours,
Carol A. Marine
18 Oakmount Circle
Lexington,MA 02420
EXPERIENCE
Citizens' Housing and Planning Association (CHAPA)—Boston, MA
Senior Program Manager,2015 —presen t
Program Manager, 2010-20 1 4
CHAPA is a state-wide advocacy organi.Zation with a mission to encourage production and preservation of safe, accessible and affordable
hoes.As a member of both Policy and Program (40B Home ownersho)teams, I work on a variety of statewide policy initiatives and
programs development that further housing stability,foreclosure prevention and the preservation and production of affordable housing.
Policy
Lead CHAPA convening of stakeholders to inform the development and operation of the ARPA funded
Homeowner Assistance Fund to support homeowners in danger of foreclosure as a result of COVID-19.
Represent CHAPA at quarterly state interagency meetings on affordable housing policies and strategies.
Organized CHAPA's annual statewide regional meetings in which CHAPA convenes community members to
share their local and regional housing priorities.These priorities are then used to inform the CHAPA policies and
legislative priorities.
Managed CHAPA's Amicus Brief in support of the statewide Eviction Moratorium that was ultimately upheld in
both state and federal courts.
Chapter 40B Home Ownership Monitoring(currentportfoKo of2800 units in 171 developm en ts)
Review and approve marketing and fair housing materials for new developments.
Review and approve all applicants for program eligibility.
Lead the Planning Committee for the Chapter 40B biennial statewide training on affordable housing production
covering best practices and emerging issues in housing production. 150-200 participants representing planners,
municipal workers,zoning board members,policymakers,housing advocates,developers and owners attend.
Lead foreclosure prevention cases coordinating with all parties to find appropriate resolution (including escalation
with servicers) to insure housing stability for households and retention of affordable homes on the Subsidized
Housing Inventory.
Trainings and Forums
Organize CHAPA trainings and forums designed to share best practices,build the capacity of and increase
information-sharing among diverse groups of organizations and professionals in the affordable housing and
community development field. Topics have included: Economic Mobility,Aging in Place,Hospital Investments in
Housing Production and a series on Innovation in Affordable Housing Design and Construction.Attendance ranges
from 50-125.
•Based on demand,develop updated hybrid trainings and forums post-COVID that are accessible geographically
and economically to significantly more people.
Affordable Housing Development Competition
Lead CHAPA's organizational role in the annual Affordable Housing Development Competition which matches
regional affordable housing developers with interdisciplinary teams of graduate students. Over the course of a
semester, the teams develop an affordable housing plan that is professionally juried.
• Identify and recruit developers within New England to participate and mentor a team of eight to ten students.
Design and organize student workshops on community engagement, sustainability, fair housing and other relevant
topics that are offered throughout the semester. Serve as liaison for developers, sponsors,mentors and judges.
Foreclosure Prevention
Authored and co-managed the Community Based HomeCorps,a grant funded by the Attorney General's Office to
launch a statewide effort to work with families and individuals facing foreclosure and eviction as a result of the 2008
recession. Coordinated and managed a statewide network of twelve local non-profit organizations,which in turn
1
employed 18 Homeowner Advocates to provide loan modification and homelessness prevention services to low and
moderate income homeowners, serving over 1000 households in 18 months.
• Implemented the Massachusetts Foreclosed Properties Initiative to facilitate the sale of real estate owned
properties (REO) to non-profits,municipalities,and other eligible purchasers by disseminating property
information,working with participating servicers and lenders, and serving as a liaison between purchasers, sellers
and the National Community Stabilization Trust. Coordinated the initiative with representatives from state agencies,
municipalities,non-profits and others. Explored expanding the program to include homebuyers and properties
occupied by tenants.
• Coordinated CHAPA's Foreclosure Committee and worked closely with The Warren Group to provide access to
the Massachusetts Foreclosed Properties Database.
• Served as member of the No on 2 Campaign,organized by CHAPA to defeat the ballot initiative that would have
repealed the state's primary affordable housing law. Responsibilities included messaging and communications,
outreach to local organizations throughout the state,and GOTV drive. Post campaign responsibilities included
setting up website for similar campaigns as well as continued outreach to local organizational partners.
Just A Start Corporation,2006-2009
Pr ject Manager.Managed all phases of renovation of existing 45 unit property. Ongoing responsibilities included refinancings,state
&local regulatory compliance,energy audits,general asset management.
East Coast Capital/Edison Capital,1994-2001
Director Property Investments. Closed acquisitions of multifamily projects including LIHTC and historic properties as well as those
financed with tax-exempt funds,HOME funds and other state and local housing programs. Directly oversaw legal,operational
and financial due diligence.
Unihab,Inc.,1987-1989
Pr ject Manager. Managed the construction,debt financing,equity placement,sales
and marketing for small to mid-size condominium projects ($5-$16M).
The Boston Financial Group,1984-1987
Vice President Investment Real Estate.As a member of the acquisitions team,responsibilities included originating and structuring
equity investments in new and existing multifamily housing projects. Properties ranged in size from$5M to$30 M.
Haussermann,Davison&Shattuck,1981-1984
Associate Attorney.Represented owners,developers and lessors in the areas of commercial real estate,finance and zoning matters.
EDUCATION
Boston College Law School,Newton,NIA
Juris Doctor,May 1981
Tufts University,Medford,MA
Bachelor of Arts in Political Science,May 1974,magna cum laude
Professional/Community Memberships (current)
Member-Massachusetts and Rhode Island Bars
Member-Tufts University and Boston College Law School Alumni Associations
Member-Temple Isaiah,Lexington,MA
Board of Directors -Lexington Symphony
Board of Advisors-Sinfonietta Strings of Greater Nashua
Speaker—Know Your Rights advocate for the Pair Project
Community Advocate—Nancy Marine Studio Theatre,Northwest Center for the Arts,Torrington,CT
Community Volunteer History
Lexington Public Schools including Fiske Site Base School Council,Capital Planning Task Force,Lexington Education
Foundation,Grant Review Committee of Lexington High School,Mission and Accreditation Committee of Lexington
High School,Lexington Housing Partnership
2
RR_EE�CETVED
NOV 1) 4 2021 D]
APPLICATION FOR APPOINTMENT
SELECT BOARD
FOR BOARD/COMMITTEE MEMBERSHIP
vAd.,b
ed jL
Board/Committee of Interest-, 1. JIUA �I
3. 4.
Would you consider another Committee, N 6
For how loniz should we keep your application on file? ...
Full Name: At A4rr4� I r I 17M1 ( Nickname:
Preferred Title(please circle)Mr.49/Mrs./Other:
Home Address: Lf
Zi ,,, D
p:
Lengt h of Residence in Lexington•
,
Occupation.- A- ZAS6
/)
I"
Work Address: 130!!2bn M6
Phone: Home Work Fax
Cell
E-mail: Primary: Secondary:
If you currently serve on a oar or ommi eep ease identify:
Special Training, Interests,Qualifications: 0G1-%t"0,r&A_'b Lt VIM I Dai oDel
----------
Have you been asked by a Committee to become a member?
How did you hear about the Committee?
Please attach a current resume, if possible. Add any comments below or on a separate page.
Signature: Date: f zzz
TARA M, MIZRAHI, EXECUTIVE VICE PRESIDENT
AFFIRMATIVE INVESTMENTS, INC
......:.................:..
i
i
EXPERIENCE:
2006- Present Executive Vice President,Affirmative Investments, Inc., Boston, MA.
Ms. Mizrahi is responsible for managing a $300+ million portfolio of affordable
housing developments and community-revitalization projects, including those
financed with Low Income Housing Tax Credits and New Market Tax Credits
(NMTC). In this role she is responsible for all aspects of the development process,
from feasibility and financial analysis to project management and syndication.
Relevant Experience
Schoolhouse Green, Falmouth, MA- Led the development of a mixed-use
apartments and commercial complex with a public linear park along Route 28.
Included new construction and rehabilitation and also needed to provide a
pedestrian path through our site in addition to the linear park to connect abutters
to the adjacent supermarket complex.
Winthrop Apartments, Winthrop, MA- Oversaw the LIHTC financing, project
entitlement, design, construction, and lease-up of a new construction 40-unit low-
income senior housing development.
Notantico Woods, Woods Hole, MA- Managed the redevelopment and new
construction of a two-building 11-unit low income family housing project,
overseeing all aspect of the development process.
2000-2006 Project Manager,Affirmative Investments, Inc., Boston, MA
Ms. Mizrahi led residential development projects through the Northeast focusing
in Massachusetts and Pennsylvania. Tasks included leading all aspects of the
development process including entitlements, construction and Low Income
Housing Tax Credit syndication.
1998-2000 Assistant Project Manager, Corcoran Jennison Companies, Boston, MA.
Ms. Mizrahi's responsibilities included researching potential property
acquisitions, including issues of site control. Zoning, permitting and marketability;
performing preliminary financial feasibility analyses, preparing development
proposals and annual compliance reports and developing and facilitating several
RFP processes.
EDUCATION:
2000 Masters of Urban and Environmental Policy and Planning
National Congress for Community Economic Development Fellow
Tufts University
1995 Bachelor of Arts in Psychology; Minor: Faith, Peace and justice
Boston College
RECEIVED
APPLICATION FOR APPOINTMENT NOV 0 5 2021
FOR BOARDICOMMITTEE MEMBERSHIP S]�LECT BOARD
Board/Committee of Interest.- I IN Affordable Housing Trust Study Committee 2,
3. 4. ...............
Would you consider another Commitice: Not now
For how long should we keep your application on filc? three years
FulIName: Linda Prosnitz Nickname,-,
Preferred Title(please circle) Mr./Ms./Mrs./Other: Mso
HorneAddress: 3 De r` Road, Lexington Zip*- 02420
Length of Residence in Lexington: since 1998 M 23 years
. Housing nn Occupation. Pla er
Work Address: City of Cambridge Community Development Dept., 344 Broadway, Cambridge, MA 02139
Phone. Home n/a Work Fax
Cell EMENF_
E-mail: Primary: Secondary:
.......... .....
If you currently serve on a Board or Committee,please identi�v: n/a
Special Training, Interests,Qualifications: I have worked in the affordable housing field for over 30 years.
0
A cover letter and resume are attached, highlighting my, experience.
Have you been asked by a Committee to become a member? No
• Q'' From an eamail
Ylow did you hear about the Comm.itte
Please attach a current resume, if possible. Add any comments below or on a separate page.
S fA 01
ignaturel.: 6/ * AV 20ZI
(? Date.
Linda Prosmftz
3, Diemar Road
Lexiington, Massachul set
t,s 02420
I.,,exi't,igton "T"oNN-n ()ff"'ice BUIldi"119
C/o Select Board Off'"ice
162 5 Ma,s sa,c 111,ti,Sett,s A N,,,en i.]e,
I...'ex" A., ''"I'tigton., NIA 01410,
Dcar Select Board N/Ieti,"ibers,-
I am, appl.)J'ng to, serve as a nic'nfib,er 1-1,011SI'11) Tt"LlSt Study Cotmilittee. 11 have
extensix�e expen,ence and, extiet-tise in, as it has,been, ai,y profiessi,oti fioi-ovre-t-30
),Y,c 7111 residen.t, it wottid, be, acn, honor fobi—Ine 'u") suve 011 tt-iis atid cot'1111�ribLlte
!a,rs. As a lonla-ter
tottie exploration ofnew appr(,mches t(1-o caffc),t'dable J1()US1*J'1g in,�, I..ex'ling),toll.
,M
-pr(Alt y ex'vr i en c e tr iclud e s, w or k w y i fli ci ti e s, to"r n s, stl a te, an d, 1',,, d e ral' ag en ci e s, a'1 1d non,
orgat�i,izations. N11y respionsibilities 1,iave ranged frotn, ryes statewide
cqtid Jvficies, to I. and devek-T'n-lel"Itlocza] ,11OLIS)1 111,9 platis, progr icies to the
developii,I,ct,lt of'al,"'fc)r,da,'b,le 'll,o,L"ls,l,],ig projects.
11 believe I COL'dd t'riall�e st,tbstanlive contri bta'),oils'to th,e coul-laii,it'Ite. ,1' i-ead, fl-le, ITUSSI,01,11 allid" c''I'l,arge of
the countnittee a,,tid be be a odepth of ktwm/led'9C, i4l n"mniy zit'eall-s.,, tli,aitai xploted:
,A fft,,)rda b,I e I (for 1 3, 'years ,wifl-ith,e Can]bt-idge Nff( rd ab I e F]o tl Sit)g 1- M111IL111 t�
de�eloprrient corporations,(1, tfmnaged the sl.lLi.te,oftfice fl'Ik`ft 11,11"Wed, CDC's tfi,e
C110111 III a111"(-1')j'-daL.b lie hOUSing de elojmiei-rt, pla,nn,ing, al'16rdable housing
t
1-lit"Wing sot.irces,; of cot isulta,-i,-,Ils oil i,najor pt*,OJeC 1d, Lindei,"-st,dC,i,id,,i,,i,'ig ot"111111mcipal
goverti ui:tena.
gt(mi i's Oti, dtis pro", I r a, I
I aii,,I, ver�, excitedthat Lxxiuil '0 mig tinrte, I have vN,,,"a'n'ted to
fl,�Ie 'Fiow,"n. I [wpe I have the oppo to dio, so
parl,icipate itii C,11111171IN-dable el"'l, I (I rttin it),,,
Lexingrtori is a reniarUble pkice to lixe, and I W,01111d 11ove to eXplo,re vvays,of expanding,a divi,ersity
housilIg oppot"Ittjnitivs in
Sincerely",
1-ifida, Pros,nitz
31 Rot,id
[,xxingi.ort,!vLA 02420
r L utz i,nch Prust
Profile, Extenstvi(";, xpe aence iii. tfie WUS,411,g aiiid C011111IL111ity dev,1L,,Jopi.'nenit t"ield- Work it state, atwl
re
lioca] golvet-tinwtits,,, [IOLIS,ing trusts, community, non-pi-ofit and pt"I'v4"),11 ,
developers,,, 11101USi,,rig advocacy groul,:)s., Experience i,ri. 1"ious,'Urig developliiie,ii'tll 11OUSitig POIiCyl
- 'r - local.. state, 1"e,deral
11,0,Ll S i F1 1 11 � I C I I I 1�Ig (,,,ind conva-iunit),', developtiwtit str,�",iteg*es a i,,d plwis iriance
progruti,,is:,and noin-profit capacity, Nlilding,
Experie,noe C Ii ty, o,fC a ni b r ild ge 20108-P'l-les'ent
-iagenwnt
PigCyect Flcitwet-: S C, t"I"'" Al i d'e rai,ige of resj`)onsib�Hfies, it.-tc1tiding- rnai, ,
of '(111(111 incentive 11011S,i'11g,pl-Ogl-a:rns auid nion-prlofit hot,ising (,,)[je ct s deve loprnent pt
a h -it work
na y,,sis of'a,\,v'ide i,ange of houisii�ig poljcies,�, iti,i�p,I en"I e tI tat i oti offle,\v hous, ng 1_1
p-ivate ai,,W noti�-p.,rotiit atl4rdable twus,iti,.�",
developersl- rnariia,,genient ofico'nsultatili's 'in ,j(',)t*relslellarch,1),'t-o"i
7� jelets.
A,ff r-d'a- 1)1 e U1,io u sit n g a n d C o tiii iij utt De v e o p ut e n t C o n,sti I ta n t 119194-.2008
Be(,( Itz"I 7`i,,,,)it,,i,"i qf"13, Wcl Co,nsu]t,i,,i,t,1t to Tiown
of Bedt"i,rd atid Bedtbrd Fi ro OUsui rinership., Piro vide 1,10LIS4119 conSLI11tt,111011 �to Town oti, a w'ide
,g
r,,,,ttige of"iSSLIC'S i1rul pro" gyp, at"Tord[,able 111,0LIsing p,rojects, de\tvlopryient O''f
jects, incding ltaysis o
hotisiri,,g pliatis, adni,inistration of 1-10ME prograni,, nwnitorii g of exasting p ro e cts, pofic,\,
J
is.i,,,,tnd siup,j,)otl,. fiot-J,'4otjsirig Pcix r r ii ailia ys
IR-7 Marketing, and bu er sellectilm,'i R'-w, affirda awl le towtitw,u,se
y
rling:ton.
fJ,`h,,ui,R'c Oe'ruiul selection f'6133 at," t-da,ble uriifts at.Heritage,at 1,3edfiot,-d Sprit"19S.
0 till 1 1, (47(71) MarketiIig, le ant arid bu,yer selection., fi r three
Pf"Citel-to, C Wsjng ,n n o
a-fl,"OrdaNe jprivate developl,,i,net'lt PrOj.ieCts(13 rental t,inits;35
(,?I`Arlir� Ioti--CondLict bu�,'C,T'S electff'ffli kn'thiree affi,:'),rd,able ho,,,n,,wowners1iip pr(,,�Jeets,,-,
7"ovriuY,CoJqC'0,rc,1-Devek�)pini,ertt ot"11OLIS"111FIg plan as pati,of"c,(,)t,i,,lpre'[,,ietisive,platinIng pro,cess.
11,(110it"I't ve!"Ifture Wil 1C('),N Arc[iftecture,Inc.)
Tovi,,,i,,i `Ihu�Mi,`Idi„i Lincotti 11 ous ii-i
g ProdUCtiOrl, Plan -and iii'l,plenientationi(W 111( ME progrzin-i,,
()tiie stop
knts'in�l i4on for Divis
rketing of aftbi-dable h di eve lop,nwn:t ol`n-iarketing
iii,it,dtiple projects, including nria I I o'using ptqjects,
Of c1ty'e; Incer"A."ve, Zon�irigr ere,�,jftan of' HOMF futu:lecl Ptire.4),,,ageir
Assi-s"t 1 10LI.S411',g Truls-l-,
Dey',xii-tnien't Extensive�keork otii
41,
the 1"ow'n"s, ,ifl' rcfable h,()U1Si11g pi"Og!"w,111 111,C],Lid i r���ig developnient of two F"ve Y
Plans (20 2),005"), develo,pnient loct"'Zilfl"ix-d'abl,dip con dort'i it"i i utn s,,*, anriendment of'
I i ies proposal,
1(111 zxA,111fig 0,11 J i t
iiiclu. i'11,1 u-, xfiriziticel� work on HOLISitIg lfllp]`OVelflei"'i�t flrogii-w Stna I Citi
and, I't ui ain.c i a,I ni a,,na gem crit tacfrn,i rl is trat i on ofTowti's HOME pt-ogt'ill"I'll.,
r
#
H6'I't'sing (4411' A ssista inc e in of"Flousing Auth(,,wity,c; F L"Ve,
C oniprefwtiiskrie
(C7114P"14) Policy paj),er 'I"br asset i,-iian�,mr"",I"�e,i,let,,ii'lI
c c nn,n>,ii u ee on Mas sa1 c1T US C t tS F10 LI S in g'111 U Iti-ffi'ni i IY`p rope tli e s,Detno Dispo progr airt'i tax credits.
anid policies.
Neig liborfiood r ev,I tia 1,izat 10 ri,
0
)Ian f6r, the J'en,�iiey an(] C'11,q,le"I"iter Streets neigl,iborhoods (Joi ntu,,,Iv with City Design
CoIliaborative,Itic.)
P'roposal fi),r Bi.)sto,,ii Fair Y1oL,,1S1L111,g Coniniissioi-i, Bost non,
f,
I tvi I S"i1o,L,,i.,sivig AL101011-ity,arid Metro,pl,()l itan Boston�I-Iolt,isi,tig P,,irt -slup forzi S5 tnilfioi, FlU D hwul ing
cotit"iseling pr(,)gra m,,
("UYnbt-idge, 1 knisitig, Developed dein,onstration, progrialn to enti.a.ticie einploy-i-nenl
opp(,,)rt �lincs t6 w i-1,10ILIS111 ,irity resldci�its(joint ventiiixwith Mi"k.Atj,bL,,rr11 Assochites').
Nationail Coalition oil",AdvoratesR)r,Students(N(,`AS) 1992,—'19,93
Intet-itti Pr(#ect DitAe(,,1,,t(.')1-.- N4'Zilnaged trifitigual ed�,,icatioll, pr().,ject oti, HIV prevention
and cotnpreliieiisive hca"Ith,tail-gerted tio tn,igrarit fiarni wot-kers,,
[,7x,ec,u1,1*Ate Office ol"Coinrntinlities and Developinent,
Commonwealth of'Massachtis,efts 1,984- 1991 1
),fi, I ()iC oci,
ji"Ce of (Jiviersigtit of ti.�ianagetlienl, (A" I Ei J"")Zl�
ptivate l'u"),1"IsIng portfiflio consisti�tlg Of 7,000 t,tnits w4h� i imit-ket value of
rteatii]y S600 iii,1111,0,11.
"Web�ptn,ettri Flroinotled to di,rect: seveti state 1-ioij1,&
ro
s u, f ot' 18
atid con nlifllvty devel opi,tiiei,vt pi 3"1 i ii fion ii, fedet- I and state ftililds,
aind contract's,to overi 60 con,,vn'vLjj,,11*t i'y-bt,ised organizatiot-is.,
Ctielsta Nelighborbood Housing Services, (NH,S) 1982- 1 984,
Directoi- Responsible tbr,del i ver,yi If NJ, ,S finaticial sery ices, ot
problem prc,,)ri,e,rt'v, and of lionie owti,ersfi t p pr omo,t,iot'i progral"111
Ri-ovkton Coinmunity,DeNivioptlicint Coirpoi-atioij,(CDC) 1,981 - 1982,
i an a "ient ofecoilotnic developtlllen�t
E'c,oi,,,z(,nii De'veh,,,) Respotisible fbrn�l,
P gen
j),rogram ai,W opertcitions(")f CDC.
'tic. 1980- 1,
Chat-Its(J., "i'lget'diurst Associal"es 1i
Pro,iects itichided- N�lassa.cl'lLi,s etts.D�epa,�i�-ti-ile,,nt of',M�e,tita,I.I,Iea,l,tll,,i,"e-,Lise StIld, f Y
itistitution,fl f,*acii'ti'es,'Mass,ae'litisetts Bay r�al,is,pi.)tl:ati' 'n Authority Ciieen,11"Ane Stzifion Sttjdy
L,atte,Frevnehman, Assoc '',es, Inic" 1979,1- 1,980
P'bnnc,,)t-: 1"il-ojecits i.IlCkided: New York, State Urban, CLAtural Park Pro grain, Water-fixMI,
St1't11dv,1,,a,,,nd Bostotii's Waterfi�oiit Study-,
Offive of t,,J.S,.Senator Paul I'Songas 1979
0111? a,� fided to constitue[its'reqt,iestsfi.),,r assistance
inent T k nxie.- Respo
on f dei-ally related econ(l),t'nic develOPITIL111it iSS,110.
(1itfice of State [11taninjing,Conittionwealt'll of"Massavi'llusett's 1,9,78
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"RECET"VED
APPLICATION FOR APPOINTMENT NOV 0 5 2021
FOR BOARD/COMMITTEE MEMBERSHIP SELECT BOARD
Affordable Housing Trust Study Committee
Board/Committee of Interest-, 1. 2.
3. 4.
W ould you consider another Committee: Possibly
While the Board considers the applications for this committee
For how long should we keep your application on file?
Gretchen Reisig
Full Name: Nickname-,
Ms.
Preferred Title(please circle)Mr./Ms./Mrs./Other:
9 Victory Garden Way 02420
Home Address: Zip:
20 years
Length of Residence in Lexington:
Homemaker
Occupation-,
n/a
Work Address:
Phone: Home Work Fax
Cell
E-mail: Primary. Secondary:
If you currently serve on a Board or Committee,please identify:
Special Training, Interests, Qualifications:
I have work experience in managing low income housing portfolios.I have a strong interest in finding ways to provide more affordable housing in Lexington.
No
Have you been asked by a Committee to become a member?
From a Town of Lexington e-mail.
How did you hear about the Committee?
Please attach a current resume, if possible. Add any comments below or on a separate page.
Signature: Date: November 5, 2021
November S, 2021
Dear Select Board,
I have long been interested in affordable housing. I have an undergraduate degree in business
with an emphasis on real estate and a minor in business law. I am currently studying to be a
paralegal to help people get better access to better housing. My work experience includes
managing low-income housing portfolios in Oregon and Washington.
My work consists mainly of raising my three children and volunteering throughout our twenty
years living in Lexington. I was on the board and served as President and Secretary of LexFUN
and have been the webmaster for the League of Women Voters of Lexington for ten years. I was
part of the Estabrook PTO for 13 years, where I served as Co-President and Treasurer and I
served on the Estabrook Site Council. For two years, I served as the chairperson of the PTA/0
Presidents' Council. Through my volunteer experiences in town, I have learned much about how
things work and getting things done in Lexington. I have spent many an evening at School
Committee meetings, Select Board meetings, and Town Meeting; worked with many of the
Town Boards and Committees, and worked with many town employees.
I am very interested in being a part of bringing proposals to the Select Board and Town Meeting
to adopt a Municipal Affordable Housing Trust and develop a non-profit Housing Development
Corporation. The importance of evaluating these ideas and putting a plan into action is vital.
I see my role on the committee as representing the people in town who do not have a career in
real estate law or finance or a vast knowledge of affordable housing rules. As a committee
member, I will ask the questions that residents and Town Meeting members will ask of the
committee when the proposals are presented. I bring a strong work ethic, a hopeful outlook, and
a willingness to learn.
I have a very flexible schedule. This semester, I am taking two classes towards my paralegal
degree. In addition, I have two children away at college and one in high school. Therefore, I have
the time to commit to serving Lexington on this committee and the eagerness to be a part of
something I believe is so important.
I hope you will select me to serve on the Affordable Housing Trust Study Committee.
Thank you for your consideration.
Sincerely,
w
Gretchen Reisig
iVicto Garden Way
iiw
RECEIVED
APPU ATION FOR"POWEMNT NOV 0 2 2021
i
FOR BOARD/COMMITTEE MEMBERSHIP BERSHI '' SELECT BOAR
Affordable
1tvs�
Board/Committee of Inmost: 1 2.
4i
4.
Would you considdr inother Committee,
years
For how long should we keep your application on file
Kathryn Roy
Full Name* �, � Nice:
M .
Preferred Title(please c=le)MrJMs. Mrs./ether,
382 m rrett rd 02421
1
Home Address: Zip:
0+yr
Lengh of Residence in Lexington:
refired
Occupation:
Work address:
Phone: Home Work Fax
Cell
E-mail: P i aW.s. Second:
If you currently serve on a Board or Conum den y:
So can n VMS provd M
Special Toning,Interest,,Qualifications:
sew C S V/ 5'" ,l 4
no
1p"
Have you been asked by a Committee to become a member?
email
How did ovou hear,about the Committee's
Please attach a cunt resume.,if possible. Add any comments below or on a separate paget
1 o1*290
Signature: Date: 1.
Kathryn Roy
=IN ME
Experience
Precision Thinking Lexington, MA 2000—2003,
President and CEO Helps some of the most successful and fastest growing B2B companies 2005— 2021
including IBM, Constant Contact, McKesson, Lotus, AT&T improve the effectiveness of
sales and marketing.
Phase Forward (now part of Oracle) Waltham, MA 2003—2005
Phase Forward is the leading provider of clinical trial software for biopharma companies
Vice President of Marketing Responsible for product management, product marketing, marketing
communications, and business development.
United States Peace Corps Papua New Guinea 1997—1999
Volunteer, Rural Community Development Taught math, business skills, money management,
sewing, and sewing machine repair in a mountain village.
BBN Planet Cambridge, MA 1995—1997
BBN Planet, subsequently Genuity,was a global vendor of Internet connectivity
Vice president, Internet Service Line Manager Managed P&L for a $100 million nationwide
Internet service. Managed 5 direct reports.
Lotus Development, Inc Cambridge, MA 1991-1995
Director of Strategic Marketing Managed $4M budget and staff of 12 providing market research,
analysis, and insight for devising marketing strategies and planning marketing tactics.
Interleaf, Inc. Waltham, MA 1988—1991
Interleaf was a leading vendor of workstation publishing and HGML editing software
Program Manager Managed team of 15 in winning, negotiating, and delivering amulti-million
dollar service contract from Boeing.
Education
Harvard University Boston, MA 1983—1985
Graduate School of Business Administration
Master in Business Administration
University of California Berkeley, CA 1980—1981
Master of Science Degree in Operations Research
Colgate University Hamilton, NY 1975—1979
Bachelor of Arts degree, magna cum laude,with honors in mathematics. Phi Beta Kappa.
Non profit Experience
Charlesbank Homes Foundation (funding housing for low-income families) 2010 -
Board member and member o the investment committee Present
.f
FIBS Community Action Partners (providing pro bono consulting services to nonprofits) 2001 - 2010
Board member(2004—2010) and team leader
RECEIVED
APPLICATION FOR APPOINTMENT N O V O 5 2021
FOR BOARD/COMMITTEE MEMBERSHIP
514LECT BOARD
Board/Committee of Interest: I*Affordable Housing Trust Study Commitee 2.
3. 4.
Would you consider another Committee: No
For how long should we keep your application on file?
.1 Betsey Weiss
Full Name. Nickname:
Preferred Title(please circle) Mr./Ms./Mrs./Other:
Home Address: 8 D ove r Lane Zip: 02421
Length of Residence in Lexington: March 1 , 1989- present
Occupation: Volunteer and Planting Designer
Work Address: 8 Dover Lane
Phone: Home Work Fax
Cell
E-mail: Primary: Secondary:
Ifyou currently serve on a Board or Committee,please identify: Housing Partnership Board Mernk>er since 2003-Former Chair,presently Vice-Chair;Special Permit Rex
Special Training, Interests, Qualifications: Affo rd a b l e Housing Advocate
Have you been asked by a Committee to become a member?
How did you hear about the Committee.? Housing Partnership Board
1P
Please attach a current resume, if possible. Add any comments below or on a separate page.
Signature: Date: Nov. 5, 2021
am applying for the Affordable Housing Study Trust Committee because I am a long-time housing
advocate and being a housing advocate is an important component of the AHT Study Committee. I have
advocated for affordable housing, workforce housing, senior affordable housing, and LHA and LexHAB
projects.
In addition, as a former CPC Chair and then a CPC Member, I was involved in requests for affordable
housing and moving affordable housing requests forward as well as working with and gaining the
understanding of other committees identified in the charge.
A Municipal Affordable Housing Trust (MAHT) is an important, necessary step for Lexington. It would
give Lexington the flexibility to buy, and build needed new affordable and work force units.The last two
pieces of land that the Town purchased for affordable housing were Farmview on Lowell St. and 116
Vine Street in 2009. (LexHAB purchased Fairview Ave. with LexHAB funds.) Out of Lexington's 11,964
housing units, only 5.7%are affordable. Presently, Lexington has 5.6%affordable rental units (669 units)
and .1%affordable home ownership units (13 units). RHS lexington-info 2 (rhsohousin .or )
At meetings about MAHT, I have heard members from two committees say that CPC should have control
over affordable housing funds. My concern is that the CPC funding is limited by a TM vote which is twice
a year. Real estate transactions happen within a few weeks or months so being limited to a March-April
or November vote make quick real estate transactions impossible.
The MAHT would have a board of trustees to oversee real estate transactions and do what is in the best
interests of the Town.
also think that a Housing Development Corporation is an important step forward for Lexington and
LexHAB is in support of a Housing Development Corporation.
Thank you for your consideration,
Betsey Weiss
8 Dover Lane
Current Boards or Committees that I serve on:
Housing Partnership Board- 2003- present- Former HPB Chair and present HBP Vice-Chair
Special Permit Residential Development Zoning Bylaw Ad- Hoc Committee-2018—present
Town Meeting Member 2004- present
Former Boards or Committees that I served on:
Community Preservation Committee Chair 2006-2010 and CPC Member 2012
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Verizon Cable Television Renewal License
PRESENTER: ITEM
NUMBER:
Ken P o gran, C hair o f
Communications Advisory Committee I.7
SUMMARY:
As of Friday at noon, we have not received a new lic ens e agreement from Verizon, but it is anticipated to be
received in a few days. The Select Board may want to consider authorizing extending the negotiation period for
an additional 45 days.
SUGGESTED MOTION:
Move to authorize an additional 45 day extension period for negotiations with Verizon on the franc his e renewal.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
12/6/2021 9:05pm
ATTACHMENTS:
Description Type
Stacey Prizio
From: Ken Pog ra n
Sent: Friday, December 3, 2021 12:59 PM
To: Select Board
Cc: Town Manager
Subject: Status of Verizon HOS Cable Television Renewal License negotiation
Members of the Select Board:
I would like to provide an update on the Communications Advisory Committee's negotiations with Verizon
regarding the FiOS Cable Television Renewal License. As you know, the current 15-year license formally
expired on October 30, and the Board agreed to a 45-day informal extension of negotiations.
Since then, we have had several exchanges with Verizon, including one Zoom negotiating session, regarding the
major issues in contention. I am pleased to report, based on emails received from the Verizon representative
over the last several days, that we are now essentially in agreement on all of the issues. I say "essentially"
because my statement is based on the content of the emails; we have not yet seen Verizon's proposed final draft
License.
I believe that, in almost all areas of disagreement, the License will reflect the "fallback" provisions that are
acceptable to the Town, rather than the Town's "preferred" positions. In just a few areas, Verizon accepted the
Town's preferred position (based on the positions we briefed to Select Board members towards the end of the
summer). There is one other provision in which minor clarification is still needed.
I am hopeful that we will receive Verizon's proposed final draft License shortly. The CAC negotiating team will
review this license and provide a summary to the Board, so that the Board may vote to approve and then sign
the license. I will keep the Board informed of our progress in this regard.
Sincerely,
Ken Pogran
Chair, Communications Advisory Committee
i