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Home My WebLink About2022-04-06 SB Packet - Released SELECT BOARD MEETING Wednesday,Apri16, 2022 Conducted by Remote Participation* 6:00 P M AGENDA PUBLIC COMMENTS Public comments are allowed for up to 10 minutes at the begiiixiiiig 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- 4580 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 ITEMS FOR INDIVIDUAL CONSIDERATION 1. Request from Lexington Bicycle Advisory Committee for Select Board Support of 6:]Opm Bill 5.2309 in Clarifying the Detinition of Electric Bicycles (E-Bikes) Within Massachusetts General Laws 2. Review and Approve Additional American Rescue Plan Act(ARPA)Funding for 6:20pm Business Assistance 3. 2022 Annual Town Meeting& Special Town Meetings 2022-1/2022-2 Article 6:30pm Dis cus sion/P o s itions ADJOURN 1. Anticipated Adjournment 7:OOpm *AnAct Extending Certain COVID-19 Measures: https://�vww.mass.gov/service-details/updated- guidanc�on-holding-meetings-pursuant-to-the-act-extending-certain-covid-l9-measures Meynbers 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/83941004150?pwd—RFpidOZlL2Vjen10W jhJbHNYNm1jQ T 09 iPhone ono-tap: +13126266799„83941004150# or+19294362866„83941004150# Telephone:+1 312 626 6799 or+1 929 436 2866 or+1 301 715 8592 or+1 346 248 7799 or+1 669 900 6833 or+1 253 215 8782 Webinar ID: 839 4100 4150 P as scode:247082 The next regularly scheduled meeting of the Select Board will be held prior to Town Meetmg on Monday,April 11, 2022 at 6:OOpm via remote participation. Henrzng Asszstance Dei�ices Availab(e on Re�uest �� All agenda time and zhe order of items c�e appmximate and subjecr ro chcnzge. Recorded by LezMedia AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Select Board Member Concerns and Liaison Reports ITENI PRESENTER: NUMBER: Select Board Members LR.1 SUMMARY: Under this item, Select Board Members can provide verbal updates, as well as comment on any additional points and concerns. There are currently no written updates for the Apri16, 2022 meeting. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 4/6/2022 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Request from Le�ngton Bicycle Advisory Committee for Select Board Support of Bill 5.2309 in Clarifying the Definition of Electric Bicycles (E-Bikes) Within Massachusetts General Laws PRESENTER: ITENI NUMBER: Betty Gau, Chair of Lexington Bicycle Advisory Comrnittee L1 S UMMARY: Attached please find S. 2309 which is legislation that will clarify the definition of electric b�ces and a copy of the legislation for the Board's review. Also attached is a letter of support that inunicipalities have been asked to sign on to and a summary from Mass Bike on the purpose of the bill. Betty Gau, Chair of the Lexington Bicycle Conunittee will be in attendance at the ineeting to answer any questions the Select Board may have regarding this request. SUGGESTED MOTION: Move to authorize the Select Board Chair and Town Manager to sign onto the e-bike municipalletter of support. FOLLOW-UP: Select Board Office/Town Manager DATE AND APPROXIMATE TIME ON AGENDA: 4/6/2022 6:l Opm ATTACHMENTS: Description Type ❑ V,➢'Fati;ll:.a�dtc,�d4r Sasll�°+d��r°vir�i.....IfJl�utsG,V�illV Gk?'S��) V�uck�urr Ca�duu:c>u:u<�ll L� 4)IfL^a�^� ILcrf�;u��cav�ia�o�op�<��..�!Er��BiiOs��[➢➢�a.1�34�°� ��u,lcu��Ml�i�u��➢ ❑ [1�ia�Ws II#rl�a,4b�ucrwinu{u;� �'2rre�c,r lVd4;�zxca ❑ 4:.23Q�; �°tirv�rN➢errrxa /��aiy,�o��rh�. ;�.� � ``��\ Town of Lexington, Massachusetts i� ��1 i� * Y, �I ,� , ` �� Bicycle Advisory Committee �c � x � -�, � �, \4 � /r� � nas�Iy+, �/ �°��'Xl AIG"��i�'-'', BETTY GAU,CHAIR DAVID ARMSTRONG MATTHIAS BEEBE JAMES CADENHEAD $UZAN CHEN GEORGE GAGLIARDI 1AMES MICHAEL O�CONNOR RAM REDDY MICHAEL TABACZYNSKI To: Lexington Select Board CC: James Malloy, Town Manager Re: Electric Bicycle Bill S2309 Date: March 17, 2022 The Lexington Bicycle Advisory Committee (LBAC) is charged with advising the Select Board with all matters relating to bicycle routes and bike policy. Ensuring Lexington is safe for bicyclists is the Committee's primary focus. At our meeting on March 17, 2022 the committee unanimously voted to recommend to the Lexington Select Board that it endorses Bill S2309 that clarifies the definition of electric bicycles (e-bikes)within Massachusetts General Laws. We agree that the lack of clarity around how e-bikes are defined presents challenges when promoting active transportation and safe biking on the Minuteman Bikeway and our roadways. This bill would clarify the authority for regulating electric bike use on the Minuteman Bikeway. The Bicycle Advisory Committee believes this bill will help to improve the safety of residents on the Minuteman Bikeway and on our town streets. 1625 MASSACHUSETTS AVENUE LEXINGTON,MASSACHUSETTS 02420 �� 9" `°� � ��° �D�1T Df �P�ittgt0l�, ��gg�C�Li�Ettg �� ' y ��;� SELECT BOARD OFFICE �i`� `�,� r, "; hPWW.4q"" � ,„"�"�,T`E�M<"�,.T K"ptia.. JILL I. HAI,CHAIR JOSEPH N.PATO SUZANNE E.BARRY DOUGLAS M.LUCENTE TEL: (781)698-4580 MARK D.SANDEEN FAX: (781)863-9468 Apri16, 2022 Representative William M. Straus Senator Brendan Crighton Chair, Joint Committee on Transportation State House, Chair, Joint Committee on Transportation State House, Room 134 Room 520 Boston, MA 02133 Boston, MA 02133 Dear Chair Straus, Chair Crighton, and Members of the Coinmittee: The Town of Lexington writes to you in support of H.3457/5.2309, an Act relative to electric bicycles, filed by Representative Dylan Fernandes and Senator Sal DiDomenica This bill would provide a clear statutory definition of electric bicycles that is in line with dozens of other states. By updating these vehicle specifications and operational requirements, this would allow our cities and towns to regulate the use of electric bicycles as part of local active transportation plans and programs. Electric bikes have many benefits that municipalities would like to encourage, including mode shift from automobiles, which reduces congestion and emissions. Electric bicycles also offer accessibility benefits for people with certain disabilities or the inability to cycle up hills. There is also the overall mobility improvement electric bikes provide for riders to travellonger distances and access more destinations. The existing statutory definition of inotorized bicycle is not in line with the electric bicycles growing in popularity today. Statute prohibits operation of motorized bicycles on shared use paths, and requires users to be at least 16 years old,possess a driver's license, and wear a hehnet. Electric bilces are also subject to vehicle registration requirements. While electric bikes are typically used similar to nonmotorized pedal bikes, statute currently subjects electric bikes to more restrictive operating requirements. This discrepancy causes regulatory challenges for municipalities looking to procure, permit, and actively promote use of electric bicycles on local roadways. H.3457/5.2309 would establish the statutory clariry needed for communities to proactively plan for how we integrate electric bicycles into our broader transportation networlc Importantly, by creating three classes of electric bicycles, this bill also makes a necessary distinction between lower speed pedal assist electric bicycles and higher speed vehicles, which require slightly different operating regularions. This change would align Massachusetts laws more closely with federal standards as well as 42 other states &the District of Columbia. We support legislative efforts to update definitions for e-bikes and delegate regulatory authority to municipalities and the Commonwealth over the shared and personal use of these vehicles. A state level approach will ensure consistency across municipal boundaries and strengthen opportunities to promote regional cycling connectivity. We strongly encourage the Joint Committee on Transportation to report this bill out favorably. Thank you for your consideration of these comments, and please do not hesitate to reach out to Eric Bourassa, Transportation Director (��ass�L.��n��a��..�r�;)with any questions. Sincerely, Jill L Hai, Select Board Chair James Malloy, Town Manager 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 Email:selectboard@lexingtonma.gov 4/5/22,2:30 PM Electric Bikes FAQ-Massachusetts Bicycle Coalition �� ..��. IIpuoioumuuuuulll I I IIII� .N'.............�... � �liiiill!!��r,;.,,,, _..��VI 00 OOtititiVO 000000000000000 OOOtititi I�Na�irttn� » ��uir�Nl�irlk » �a��y » ILII��irii�1�61k�� »Electric Bikes FAQ Electric Bikes FAO Why is this legislation needed? In Massachusetts, electric bicycles lack a specific vehicle classification, causing them to to fall within terms primarily aimed at combustion engine vehicles such as mopeds or scooters. These classifications that were never intended to apply e-bikes. This legal scheme creates significant confusion for consumers and retailers, and hinders the electric bicycle market. In order to clarify state law and properly regulate electric bicycles like traditional bicycles, it is critical to understand the existing legal rules that govern electric bicycles. What other states use the classification system in this bill? Michigan, Illinois, Connecticut, Arizona, Washington, Tennessee, Arkansas, Colorado, Utah, and California. Why is the top speed for Class 3 e-bikes 28 MPH? These rules would provide uniform product standards between the US and European markets, where bikes with a top speed of 45 kph (approximately 28mph) are classified as a "speed pedelec." https://www.massbike.org/ebi kesfaq 1/5 4/5/22,2:30 PM Electric Bikes FAQ-Massachusetts Bicycle Coalition I have read the federal definition of an e-bike and it says that the top speed is 20MPH. How are class 3 e-bikes legal given the federal definition? The 20 MPH threshold applies when the e-bike is being operated "solely" under motor power. However, e-bikes are most commonly ridden under a combination of human and motor power. The federal definition does not provide a top speed for when an e-bike is being operated under combined human and motor power. The class 3 definition clarifies this ambiguity by specifying the maximum assisted speed for e-bikes at 28MPH. Can e-bikes be safely operated on bike paths? Yes. Researchers who have compared riders of e-bikes and regular bikes at the University of Tennessee observed that e-bikes riders exhibit similar safety behavior as riders of traditional bicycles. Perhaps most importantly, e-bike riders traveled at similar speeds to riders of human powered bicycles. They rode slightly faster when riding on the road (+1.8 mph), but actually slower than regular bikes riders when on bicycle paths (-1 mph). Why not regulate e-bikes at the federal level? E-bikes have been regulated federally since 2002. However, as with other consumer products, the federal regulations are limited to product safety. They do not specify where e-bikes may be ridden or what rules of the road govern their use. While the federal government can intervene in these matters in very rare situations, the rules of the road are generally a matter of state law. Other emerging technologies have followed the same path of creating new state traffic laws to address the use of these devices on our streets. This includes segways, autocycles, and commercial quadricycles. How can anyone tell what an e-bike is? E-bikes are becoming more and more difficult to distinguish from regular bicycles. The labeling requirement in the model bill is a proactive measure on behalf of the industry to ensure that law enforcement or land managers can easily tell that a bicycle is in fact an e- bike, and quickly asses which type of e-bike it is. Can people tamper with e-bikes? Like other mechanized or motorized devices, it possible that a user could tamper with an e-bike. We have inserted a tampering provision in the model bill that will place the onus on the owner to have a properly labeled bike if that were to occur. If a someone was to tamper with an e-bike and create a machine that can travel faster than any of the https://www.massbike.org/ebi kesfaq 2/5 4/5/22,2:30 PM Electric Bikes FAQ-Massachusetts Bicycle Coalition specified classifications of e-bikes, they would presumably be operating an unlicensed and unregistered vehicle, and would be subject to any applicable penalties. Does the bill regulate e-bikes off-road? No, it only amends the traffic laws located in the revised vehicle code. The bill will provide rules for the regulation of e-bikes on our streets and on bicycle paths. The bill does not address the use of e bike on trails. Who is the typical purchaser of an e-bike? All types of people purchase and use e-bikes, especially older, baby-boomer purchasers, parents who want to carry children as passengers and cargo, and people who prefer the purchase of an e-bike over a car. How many e-bike are sold each year in the U.S.? Approximately 260,000 e-bikes are sold annually in the U.S. However, they are the fast growing segment of the bicycle sales, with approximately 75% year over year growth. How much do e-bikes cost? Entry-level e-bikes are about $1,500. Why distinguish between class 1 and class 2 e-bikes in the bill if the rules are the same? The distinction between these two types of e-bikes provides for greater local flexibility. Some municipalities have demonstrated an interest in prohibiting throttle-powered e- bikes from certain types of infrastructure, and this bill provides the flexibility to take those measures if they are desired on a local level. Does the rider have to be pedaling for the e-bike's motor to be engaged? It depends on the type of e-bike. For Class 1 and Class 3 e-bikes, the rider must be pedaling for the motor to be engaged. For Class 2 e-bikes, the motor can propel the e- bike without the rider pedaling. FAQ created with help from �� l ��r� u k � Want to read even more about e-bikes?,W/i��f��b�k��! https://www.massbike.org/ebi kesfaq 3/5 4/5/22,2:30 PM Electric Bikes FAQ-Massachusetts Bicycle Coalition Do you like this page? � �.�;�;.� I1 f I;'=,'i f I;';; l,'f I f`°! ��i I I% I-/'P� I I I I`;�;f I I`�f i�,l I„�,J,�!f I„I.,l� �I �I"' I f'`=>i Email address �',�;,,,i i� �LV E R TR � ��II � ��s ,e p q I� IIIIIIIIII�II�� .�1. ,,,,,� �/�llla��,�,,�/ ��i��0 ,,..,�iJ ""'O%�1��(!l� r. 202� https://www.massbike.org/ebi kesfaq 4/5 4/5/22,2:30 PM Electric Bikes FAQ-Massachusetts Bicycle Coalition https://www.massbike.org/ebi kesfaq 5/5 SENATE DOCKET, NO.2303 FILED ON:2/19/2021 SENATE . . . . . . . . . . . . . . No. 2309 ��je �Con�n�or�iroeaCt�j o� �a��a�c�ju�ett� PRESENTED BY: Sal N. DiDomenico To the Honorable Senate and Hozase of Representatives of the Com�nonwealth of Massachusezts in General Court assembled.• The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: An Act relative to electric bicycles. PETITION OF: NAME: DISTRICT/ADDRESS: SaZ N. DiDomenico Middlesex and Suffolk :.....................................................................................................................................................................................................:.......................................................................................... .Iessica Afan Giannino 16th Suffol,k 2/25/202I :......................................:..:..........................................................................................................................................................:.......................................................................................... Thomas M. Stanley 9th Middlesex 2/25/2021 :.....................................................................................................................................................................................................:.......................................................................................... .Iason M. Lewis Fifth Middlesex 2/26/2021 :.............:.......................................................................................................................................................................................:.......................................................................................... .Icz�nes B. Eldridge Midcllesex and Worcester 3/2/2021 :.....................................................................................................................................................................................................:.......................................................................................... .Iack Patrick Lewis 7th Middlesex 3/2/2021 :.....................................................................................................................................................................................................:.......................................................................................... Joanne M. Comerford Hampshire, Franklin and Worcester 3/3/2021 ;................................................................................................................................................................................................................................................................................................ Joan B. Lovely Second Essex 3/4/2021 :.....................................................................................................................................................................................................:.......................................................................................... Patrick M. O'Connor Plyinouth and Norfolk 3/4/2021 :.....................................................................................................................................................................................................:.......................................................................................... Michael O. Moore Second Worceste� 3/4/2021 :.....................................................................................................................................................................................................:.......................................................................................... Brendan P. Crighton Third Essex 3/8/2021 :.....................................................................................................................................................................................................:.......................................................................................... Hannah Kane 11 th Worcester 3/15/2021 :.....................................................................................................................................................................................................:.......................................................................................... Walte�F. Timilty Norfolk, Bristol and Plyinouth 3/18/202I :.....................:...............................................................................................................................................................................:.......................................................................................... Lydia Ed�vards Pirst Suff'olk and Middlesex 1/31/2022 1 of 1 SENATE DOCKET, NO.2303 FILED ON:2/19/2021 SENATE . . . . . . . . . . . . . . No. 2309 By Mr. DiDomenico, a petition(accompanied by bill, Senate,No. 2309) of Sal N. DiDomenico, Jessica Ann Giannino, Thomas M. Stanley, Jason M. Lewis and other members of the General Court for legislation relative to electric bicycles. Transportation. [SIMiLAR MATTER FILED IN PREViOUS SESSION SEE SENATE,NO. 2071 OF 2019-2020.] ��je �OmrrtDrt�e�[t�j Ot ,�i�ggaC�ju�ett� ln the One Hundred and Ninety-Second General Court (2021-2022) An Act relative to electric bicycles. Be it eveacted by tlae Senate ar�d House of Representatives in GeneYal Court asseenbled, anc�by the authoriry of the same, as follows: 1 SECTION 1. Section 1 of Chapter 90 of the General Laws, as appearing in the 2018 2 Official Edition, is hereby amended by adding the following definition:- 3 "Electric bicycle" shall mean a bicycle or tricycle equipped with fully operable pedals 4 and an electric motor of less than 750 watts that meets the requirements of one of the following 5 three classes: 6 (a) "Class 1 electric bicycle" shall mean an electric bicycle equipped with a motor that 7 provides assistance only when the rider is pedaling, and that ceases to provide assistance when 8 the bicycle reaches the speed of 20 miles per hour. 1 of 5 9 (b) "Class 2 electric bicycle" shall mean an electric bicycle equipped with a motor that 10 may be used exclusively to propel the bicycle, and that is not capable of providing assistance 11 when the bicycle reaches the speed of 20 miles per hour. 12 (c) "Class 3 electric bicycle" shall mean an electric bicycle equipped with a motor that 13 provides assistance only when the rider is pedaling, and that ceases to provide assistance when 14 the bicycle reaches the speed of 28 miles per hour. 15 SECTION 2. Section 1 of Chapter 90 of the General Laws, as appearing in the 2018 16 Official Edition, is hereby amended by inserting, in the definition of"motorized bicycle"the 17 following sentence:- "The definition of"motorized bicycle" shall not include an electric bicycle." 18 SECTION 3. Section 1 of Chapter 90 of the General Laws, as appearing in the 2018 19 Official Edition, is hereby amended by inserting, in line 270, after the word"motorcycle"the 20 following wards:- or electric bicycle 21 SECTION 4. Section 1 of Chapter 90 of the General Laws, as appearing in the 2018 22 Official Edition, is hereby amended by inserting, in line 288, after the word"include "the 23 following words:- electric bicycles or 24 SECTION 5. Section 1 of Chapter 90D of the General Laws, as appearing in the 2018 25 Official Edition, is hereby amended by inserting, in line 25, after the word"include "the 26 following wards:- electric bicycles or 27 SECTION 6. Chapter 85 of the General Laws, as appearing in the 2018 Official Edition, 28 is hereby amended by inserting after section 11B1/2 the following section:- 2 of 5 29 Section 11B3/4. For the puiposes of this section, the terms "elecri-ic bicycle," "class 1 30 electric bicycle," "class 2 electric bicycle," and"class 3 electric bicycle" shall have the same 31 definitions as in section 1 of chapter 90. The terms "bike path,""bike lane," and"bike route" 32 shall have the same definitions as in section 1 of chapter 90E. Nothing in this definition shall 33 preclude electric bicycles from being considered eligible for the purpose of electric vehicle 34 incentive programs. 35 Electric bicycles and operators of electric bicycles shall be subject to the following 36 regulations: 37 (1) Except as otherwise provided in this section, an electric bicycle or an operator of an 38 electric bicycle shall be afforded all the rights and privileges, and be subject to all of the duties, 39 of a bicycle or the operator of a bicycle. Electric bicycles may be ridden on a street, road, way, 40 bike lane,bike path or bike route that is open for use by bicycles; provided,however: 41 (i)A municipality, local authority ar state agency having jurisdiction over a bike path ar 42 shared-use path may prohibit the operation of class 1, class 2, or class 3 elect�ic bicycles on that 43 path. 44 (ii) This subsection shall not apply to a trail designated for nonmotorized traffic if such 45 trail has a natural surface tread made by clearing and grading the soil and no surfacing materials 46 have been added. A municipality, local authority or state agency may regulate the use of electric 47 bicycles on such a trail within its jurisdiction. 48 (2) Electric bicycles shall comply with the equipment and manufacturing requirements 49 for bicycles adopted by the United States Consumer Product Safety Commission established in 50 16 C.F.R. 1512. 3 of 5 51 (3) On and after January 1, 2022, manufacturers and distributors of electric bicycles shall 52 apply a label that is permanently affixed, in a prominent location, to each electric bicycle 53 containing the classification number, top assisted speed, and motor wattage of the electric 54 bicycle. 55 (4) A person shall not tamper with or modify an electric bicycle so as to change the 56 motor-powered speed capabiliry or engagement of an electric bicycle, unless they appropriately 57 replace the label required by subsection (3). 58 (5) Class 3 electric bicycles shall be subject to the following additional regulations: 59 (i)No person under the age of sixteen(16) may operate a class 3 electric bicycle. A 60 person under the age of sixteen(16)may ride as a passenger on a class 3 electric bicycle that is 61 designed to accommodate passengers. 62 (ii)All operators and passengers of class 3 electric bicycles shall wear a properly�'itted 63 and fastened bicycle helmet that meets the standards provided by either the United States 64 Consumer Product Safety Cominission or the American Society for Testing and Materials, or 65 standards subsequently established by those entities. A violation of this clause shall not be used 66 as evidence of contributory negligence in a civil action. 67 (iii) All class 3 electric bicycles must be equipped with a speedometer that displays the 68 speed the bicycle is traveling in miles per hour. 69 The Secretary of the Massachusetts Department of Transportation may promulgate 70 additional regulations regarding electric bicycles in the Cominonwealth, including but not 71 limited to their safe operation and proper labeling. The Secretary shall submit any such proposed 4 of 5 72 regulations to the Clerks of the House and Senate and to the Joint Committee on Transportation 73 at least 30 days prior to their effective date. 5 of 5 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Review and Approve Additional American Rescue Plan Act (ARPA) Funding for Business Assistance PRESENTER: ITEM NUMBER: Jim Malloy, Town Manager I.2 SUMMARY On March 25, 2022, the Town Manager provided the Select Board with a summary of the expenditures for business assistance through ARPA funds which showed the Town has now expended the entirety of the $250,000 for business assistance. The original proposal was to set aside $250,000 per year for three years (through 2024 when allARPA funds are to be spent). The Town has received additional applications indicating a greater need upfront. The Town Manager is recommending to fund $500,000 this first year; $250,000 in 2023 and $0 m 2024(unless we have the fiuids and there is still a need). We believe that busmesses need the assistance now and that by 2024 the need will not be so great. For the Board's information, for the first regular meeting after Town Meeting, staff will be providing an update on the status of all ARPA spending to date and a more detailed presentation on the Participatory Budgeting recommendations so that we can begin implementation. SUGGESTED MOTION: Move to increase the Small Business Grant program for 2022 from$250,000 to $500,000. FOLLOW-UP: Town Manager DATE AND APPROXIMATE TIME ON AGENDA: 4/6/2022 6.20pm AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: 2022 Armual Town Meeting & Special Town Meetings 2022-1/2022-2 Article Discussion/Positions PRESENTER: ITEM NUMBER: Board Discussion I.3 SUMMARY The Select Board will discuss 2022 Annual Town Meeting and Special Town Meetings 2022-1/2022-2 articles and review positions. 2022 Spring Town Meetings -Articles, Reports and Presentations SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 4/6/2022 6:30pm ATTACHMENTS: Description Type � i4�J7,h V 11N,��PVV 1�u'7� II,��'!�V iQkll��J ws�Uca,u➢�cr�a'��q"4s�iitiarm�Jc,br➢c�r�g;� ]��r.°tciur�Pm!I�a�n�o��ll p��,�aanuren�tt L� �'ne�paa�wte;�' lf'�n�vrb 1`a�l�4�imgTM�i�l�.G,�8ni1��,a�r,y��/�5..�7,2 1E�d�u;kiu�a Ce/��a��e;n��^�V L� °"^�a,tntl��r,uzn�TM�au��`h'vPc�l�.s�;aa�^iiadtlr��n�kamrcm�v�a5 �a�rG�rPaille�u�r;ca ❑ 11�rcfl,a��ai��5/�Md if ll<cy�dc°rd IWG4�,h S a�v�;r 10/�E�rcru� 2022 ATM/STM-1/STM-2 ARTICLE POSITIONS WORKSHEET , ........ .... ........ ..... , ,.,.,. � i : � �, � �, � � "ET.EC'T; Praposed � Possible ' i i % Article# ARTICLE NAME 64ARIi `. CNSNT � ��,�} � JH JP 5B 6L � M9 � � <PRSNTR� (PC} f� � � � l , ; ; ; ; , , ; STM-1 Art I Reports ofToam E3oa�ds Office��s and Comimttees � � � � �� J �� STM-1 Art 2 Approprixte Police Sffition Consn�uc[ion JH Yes Yes Yes Yes Yes STM 1 Art 3 Authonze and Ratify Remote Toe�n Meetmgs 1P � �DL � 1P � � �1P�� 1P IP 1P 1P ATM Art 1 Nohcc of Elcchori � � Ycs � Vcs Elec�on of DepuTy L�lodeiaTor:uid Repo�ts of Town Boards, ATMAr[2 Yes Yeo Ves Ves Officcrs an�Committccs , , , , , �, , , , , ,,, , , , , ,�, , , , , , , , , , , ,� ATM Act 4 1ppmnrineuts m Cap Lecmre Setiee � � � � � Yes � Yes � Ye� � Yes � Yes � ATMAR4 Appiupr�a[eFY2U230pciavngBudget JH Ycs Yes Ye� Yes Ycs ATM Art 5 A ro nnte FY�O�'Ente�� , , , , , � , , , , ,� , , , , ,� , , , ,� , , , , ,� PP P '� ipiiseFund.Budgets � MS � � Yes � Yee „� Ye� � Yes, ,� Yes ,� g m PC PC PG PC Ycs PC � ATM Art 6 Appropnatc For Scmor Scroiccs Pro ta � � , , , , , �, , , , , .�, , , , , ,�, , , , , ,�, , , , , � ATM Art 7 Climatc Action Plan ,IP Ycs Ycs Yc; Ycs Ycs ATMArt8 AppiopnateFoiCompiehensnePlanimplementation-iP � ,,,,,TH � ,,,,, PC iP ,,,,, � , TP/C �� TP/C, ,.�,,,,,�,,,iP/C,,,,,,�„�,,,,,�,,,,iP/C,,,,,,�„�,,,,,�,,,TP/C,,,,,�„� p� g nQs � ....,DL �...., ...., ...., Yes...., Yes...,.� Ye�...,.� Yes ..,.�, Yes ....� A T1Artr� Commttco0�ut�zt�Bund;Tc[`AudC AePro�ccto�u,,,,, ,,,,,,,,J ,,,, „ ,,,,,,,, ( ,,,,,, ( ,,,,, „ , „ g 000 � PC I PC I PC � PC � PC � PC a) Acchivee aud Recordo Mana ement $20, b) WrightFu�mBaruScabilization-5155,000 Yes Yes Yes Yes Yes c) Wcs[F�nnMcado�vP�c,crvnh>n 528.175 � PC � PC � PC � Pl � PC � PC � ,,, Swface�j$1 45y Sp�ovemen[s I oiu�m PLace � PC PC P(; PC PC PC , ,� YS 91 c) Ccntcr Playground Ba[hroomF and Main[cnancc Yes Na Yes Yes Ye5 Bui Iding Renovation-°"'�,-;,'�'�$680,000 f) Playgr�und impruvc�ncn[e Hard Cour[Surta�es � ,,, $2,5Q0000 � 7P ,,, Yas ,�� No .��, ,Yeo, ,��, ,Yes � YaA � f 1 1I 1I 1 �I g)Park and Pla}bround Im}r� cmcnts Kmnccns I PC I PC PC' I PC I PC � PC I ,,, Field��200 000 ,,,,,, ,,,,,, ,,,,,, ,,,,,� ,,,, ,,,,, 1 1 1 1 Park ) kimpro�ement AthleheFields Fiske p� PC PC � PC � PC' � PC � $250 000 il Lincoln Park Mantci Plan $7l)O,U00 � � Ycs, , ,Ycs �� Yco,��, ,Ycs ,� Ycs „� 7) xkiAB Pceservahon a�ici�Kel�abil�lahou � pC � P(' PC � PC � P(' J PC' � ,. SS 3Q('00 , ,,, ( ( N'—;4,0 _ k LexHAB 116�VmeSt�eetCunstruchunFunds � pC J IP I IP/C IP/C � IP/C � IP/C IP/C �,,000 IP . ., . 1 Preseivati'ng Aathont9 Cyncbroolcc I PL I pC PC � PC � Recusad PC n)I CPA Debt Sermce §l�.€�f.,-f�(30.1,935,639 .� P� I PC PC � PC ,,,.� P(, ,,,.�, PC ,,.� �. � � �� 0.000 PC PC �� PC � PC � PC � PC � �� ,�, �� Foi Rcc�caho��Capital P�iccts ,,,, J � �,,,,,,,,, p� ,,,,,,,.� ,,,,,,,,, P� ,,,.� p�_,,,, p� .,., PC PC � TM Ar[I 1 Appropna[c� mimstranvc Bu ac[ 7 ...., ,. p � ipment,J�L .. . .... � ATM Art 12 Appropriale Foi Munic pal Ca ial P�o�ecls And Pqu , , , , , , , , , , , , , , , , , , , , , ,,, a) Harttpcll Disnict Sienagc(orig moNon) Ycs Ycs Yce Ycc ik a,it � Daggc[[Amcndmcnt Nn Wai[ „ No No Rirf � ., .. .. .. .. , , , , ,f b) To�anuade Pedeshian and Bicycle Plan Yos Yes � Y es Yes ., .., ..� .. ,,, , , , , , ,, , , , , , �, ,Yes, ,�, , , , , ,�, , , , , , c) South Lexington and For6es-Marrett Traffic yes Yea Ye+ Yes ,,, Mingat�on Plan� ,,, ,,, ,,,, ,,,� ,,,, ,,,, � Yes ,,.� d) Transportation M�t��ation � PC � PC �� P(, �� PC ,,,� PC � PC � e) Replace Pumpar Trucic � PC � P(' PC � PC � PC � PC' � I 1I 1 � � � p pLacem ut �eut J PC I PC PC ( PC ( PO ( PC � ) Yqunm utKever6Re lace ., .., .. .., .., ._�I .. �� .., �I PC ,,, pC ..�f �� ,,.�f �� ,.�f, �� ,,.�f h) Sidewxllc lmpro�einents I PC I PC PC I PC I PC I PC I ....� 1 1 ._.J ._JJ .,..1 as of 4/4/22 2022 ATM/STM-1/STM-2 ARTICLE POSITIONS WORKSHEET , ........ .... ........ ..... .. . ...... � i I„ f, �, l SELE('T; Prapased % ' ' � �- ; t i, PossiblQ ; � , � Article# ARTICLENAME 64ARIi CNSN`I' ,� , JH �� JP �B DL � M�+ � I <PRSNTR'r, (PC} i IP(.} , i j' I � � I I, i) To«mwide Sia ali�aaon Tmpro�emen[s I PC �I I PC PC I PC I PC I� PC I 1 1 1 1 1 1 �) Sto�m Dramu�e Imp�ovements nnd NPDES f com liancc PL PC PC PC PC PC I ., P�� ., .. ( , Mana�ement Storm�v¢tc� f PC I PC P(; PC PC PC . ) S enlnp�o�venR�a�rshcd. .. ....� .. �� .... � PC PC .�� PC �� PC �� PC �� m) HydrautRcplaccmcn[Progr ., .., .., .�� ...., ....� .. �� ...., �, ,P� , ,��, ,. �� ,_„ , PC PC � mpro�amenls � Yes ti"es Recused Vcs Fes i) RalLle Greei SW�eeisoape T o) MtmicipalParkin�LotTmprovcmrn[s � � Ycs Ycs Yco Vcs Vcs � p) PubLc Pului�g Lot Imptaveinent Program I Yes Yes Ye� Yes Yes � q) Ncw Sidcwalk InstaLlaHons Ycs Ycs Ycs Ycs Ycs �� r) APphcation Tmpleinenla6ion�� I PC I PC PC � PC � PC I PC � 1f f I I I I .� .� .� .�p �.�lau .J . 1 C . I PC PC I PC I 1 C I, 1 C I t) Senn�iu�xE]ecl�inicD��unlrovementl 1 1 1 1 1 ) ' inent � PC � PC PC � PC � PC � PC � eut Mana re mcnts I I PC J PC I P( PC P(: PC ATT1 Art 14 Appropna[c Foi Was�[cwa[cr 5}5[cpm Tmprovcmcnts � ,,,,,,,,, ,,,, PC ,,,,,,,,� ,,,, PC�� PC ,,,, PC PC PC �� ATT1 Art I S Appropriate For School Capital Pro�ecls And Pquipment I � PC � � PC �� PC PC PC PC � .., .. .., .., .., .., 1 .. .. .. ( „ ,., .. .., ATM Art 16 Appropr�ate For Public FamLt�es Capital Pro�ects e) Public FaciLties Bid Docwnents � PC I PC P(: � PC � PC � PC 1 b) Fa�iht�and Site Tmpro�ements(Rmlding � p� � pC PC � PC � PC � PC � p��ceinent,�dm�an Sc ioo 0.E eUn�al Sv�a� Re laubl��Factlttie Me�huvcaL� � �� s _slem � pC � PC P(; � PC � PC � PC �� 1 1 1 1 d) MumcipaL BwLd ng rnvelopes and lssociated pC PC PC � PC � PC � PC � ., Syctcmti ., ., ., UI' .. f ( _ .., e) Townwide Roofui�,Pto�,iam J PC I PC PC PC PC PC School Buildm Envcl� cs � � g p and Associatcd PC PC PC � PC � PC � PC' ,,, Sys[ems ,,,, ,,,, ,,,, ,,,, g) p �, y ds Yes Yee Yeo Yes Yee S 9 ....� .. .., � , , , , , �, , , , , ,, , , , , , , , , , , , , , , , , ,f Hi hSchoa]E ui inentEmer�enc Fun h) TownPoolAUaterHealerReplaceme�ri Yes Yas Yes Fes Yes ATn1Art7R Rcscrod�Pnor�BoiYo�vm Authonzatlon�� I I �� I I I g mcnt Insurtincc LiabiL Fnud P� PC PC Recused PC PC PP P o Poat Empl ,,,,,,—.,,,,,,,— ., ,. v S Ty 1 ,,,, I ,,, PC ,.l „ , PC ,,,,,,,( PC ,,,,,,,,1 , ,PC, , 1 , ,Pl,, , l,, ,PC, , � S�tabLsh,Ainend,Dmsolve and Appiupiiate To And From ATTQ Art 19 E J ,,,,,,,,,M� �,,,,,,,,, ,,,,,,,.J ,,,,. Yea ,,,,,,��...Yes ,,,,,,,,� Ye� ,,,,,,,� Yes,,,,,,,,� Fes pcc�ficd Sr�'or Prior ye�ds i ATM Ait 20 Approprtate F'�zahon ur, � p lls � I PC � PC � PC � PC � PC � PC � .. .. .. _sUnaidBi�, ., � _ .. � ,, , , , , , , , , , , , ,� , , , , , � , , , , , � , , , , , � ATD1 Art 21 Amend Fy2022 0peixtme,.En[eipuse.md CPA Budgcts � ..1P � .. � . ,,,,,,Yes,,,,,, ,,,,,,,Yes,,,,,,,,,,,,,�,,,,,,,,,,,,Ye,�,,,,,,,,,,,,�,,,,,,,,,,,,Yes,,,,,,,,,,,�,,,,,,,,,,,,Yes,,,,,,,,,,,,� � �� p ro�amenN IP � P� IP � IP/C � [P/C � IP/C � IP/C � IP/C � ATT4 Art�3 �p�opnare Fo� u o��cn�cc Srabili nhon Fund � PG PC PC PC. PC PC ., ro na[c From Dcbt Se a�ta [in _�, I ...., ..�.. �� , , , , , f , , ,.,I ,,, , , , , ,,I,, , , , , ,,f eea I DL I � Yes I Yes I Recused� Vze I Ves I ATMArt24Ac�ustRe[rrementColaBasefrn�Re�r 1 ..,.. ..,.. ..,..1 ..,..1 ,.. ,_.J ,...J ATM Art 25 Appropriatc For Worthcn Road Rcncc�tion and Education SB IP IP IP IP IP IP Distric[Land Usc Conccp[Plan(Cinzcn Pcrition}-TP A M^Art 27 Z ioTWasteLResolul on c di Cmz.n�� I �� I �� , , , , f , , , , , , , , , , , , , f ( ._Pcnhnnl .. I Mti I Ycti,.I Ycc Y.:, Ycc Ycc 1 , _ � _ � � � � , � , i i�eu Peutiou) JP yi'azt � Yes Wait � Wai4 � Yes A MT Art 29 Ac ept Ma sachustt,Geuer'al La P Cl�a n) I SB I I�Yes�l Yzs Yeo Y es Fes y 1( _ 1 _ _ 1 1 a pter 41 Section 110a1 PC ( PC PC PC PC PC 1 .., ATn4 Art30�neud Specinl Act-Plaunint�Board tmd Town Mee[ing SB Yes No Yes Yes No as of 4/4/22 2022 ATM/STM-1/STM-2 ARTICLE POSITIONS WORKSHEET , ........ .... ........ ..... .. . ...... .. „, ,.,., ,.,. ,.,., ,.,.,.,. ; ,, ; i � �, l SELE('T; Prapased % ' ' � ; ; PossiblQ � I ! ; Article# "ARTICLENAME � 64ARIi ` CNSN'I' i i JH � JP 5S DL M4 i <PRSNTR't ' (pC) ' IP{?} 1, i � f � I f, i . � � . . . . Amend Geueral ByLa�as-Repor�uig Disclosing,and �� ATM Art31 SB Wa�t ' Ycs �p/�it W2tt Ycs Assessing the Ener�,y and N�xter Use of Lnrge Buildings I� -Kanter Amendmen[ . A � uthoiiz�and Acc�tE�se�nents � � PC � � PC � PC PC PC PC � TM t e ect Bou P TM Ait'T A �� chngs IP �� DL � � PC � IP � IP/C [P/C IP/C IP/C 1PJC � Ratif Rcmotc Toa•xi Mc Allo�a for Selec[Board m Cull ReinoTe Town Meetin�a ATT4 Ar[34 34 w�[h ncw pi oposcd mm�on "� � ,,,,,,,,,SB ,,, „� ,,, � , Ycs � Ycs, ,�, , Nu, ,� , ,No, ,� Ycs 34 m 1P ' 1 Ameud Zoning Bylaw-Open Space Residential � ATM Art35 MS Ycs Ycs Ycs Ycs Wmt ? Developmeats �� ., -Creech Amendment ...., ...., ...., ...., .. ., .... ....,� ,,,,, „ D neud Zomug B��lnw nnd Zonuie Map-nLxed U�e Refer Bnck Refei Bxck Refer BEick Aefrr Bnck Refer Bnck ATM Art'36 ..., ..., .... ...., � ,,,,,,,,,� �,,,,,,, PC ,,,,,,, , , , ,,,�, , , , , , , , , , , , , , , , , ,�� cvclopmcnts and Muln Famil}•Ilousmg to PB/C [o PB/C to PB/C to PB/C to PB/C ATTT ArL3" A g � � ohons � M6 � � Yas � Yes ,�, Yes �, Ves � ti ee ,� ... (Owner Peu n R law a echnical Corr.. .... , , , , ,, , , , , , , , , , , , , , , , , , men onin e mend Zoni g � d Zon n_Map-128 Spring Streel � ATnIArt38 .. DL Ycs Ycs Yc, Ycs ikµit , ttou) ..., .. ...., .... ...., ...., ..,.. ,,,,,.. _,,,,,, „�„ .. .. .. .. .. .. .. .. .. .. .. ,�, „,, , „� Amcnd Zoning Bylaw and Zonine Map-47S Bcdford Strcct �� ( ATN1Art49 . SB UaAt ..� W�iit ��, 1Nait � Wait ��. tVat �� (Uwner Peplion Utii,e�por`i`I�'6 law-Sttstaix�ablc Rcsidcntial Inccnhvcs Rlo PR/C k�Rlo PR/�;Ic/R`fcpr�BC k f; J :1TD1 Art 40 y JP PC Rcfcr Back Rcfcr Back ( to PR/C lo PR/C STM 2 Art 1 Report�of Town Bo:nds,O1Lceie and Committees ,,, ,,,,, ,,,,, ,,,, ,,,,, � „�, � �,,, ,,,, �,,, �� , , , , ,� S pp p gt n � ol Feavbil�ty Study 7H Yas Yes Yes Yes Yes TM 2 P.it 2 A io riete foi Lexin o,,,Hiah Scho � � � � � �,, , , , ,� Amend General BV7am to Allu�v Remote Pamup�tion ai f f I f � { STM 2 Arl 4 I .TP I Yes J Yes I �x/ait Wait Yes Iybnd Town M�anngs ..�, .., ..., .. ...., ...., � , , , , , , , , , , , i.,, , , , ,,,, ,,, , , , , , ,, , , , , ,,,� STM-2 Art 3 Appropriaro for Complcting thc Town's Comprchcnsivc Plan MS Ycs Ycs Yes Ycs Ycs as of 4/4/22 From: Deborah Brown Sent: Monday,April 4, 2022 11:16 PM To: Lex TMMA Cc: Barry Orenstein Subject: Further schedule updates UPDATED 4.4.2022 - PROPOSED SCHEDULE FOR REMAINDER OF ATM 2022 & STM 2022-2 Wednesday April 6 -ATM **Amendments due 5pm Monday, April 4** • Memorial: David Kaufman •Article 27 -Zero Waste Resolution [DATE CERTAIN] •Article 28 - Humane Pet Store Bylaw [DATE CERTAIN] •Article 31 - Energy and Water Use of Large Buildings- **Please note updated motion from proponents and expected amendment from David Kanter.*" •Article 26 - Nexus Studies •Time permitting: o Article 16 - Public Facilities Capital items (g) and (h) o Article 19 - Stabilization Funds o Article 21 -Amend FY2022 Budgets o Article 24 - COLA Base for Retirees o Article 25 - Worthen Road Recreation and Education District (IP) o Article 30 - Planning Board and Town Meeting Monday April 11 -STM 2022-2 &ATM **Amendments due 5pm Thursday, April 7** Open STM 2022-2 •Article 1 Reports •Article 2 - Lexington High School Feasibility Study •Article 3 -Amend ByLaw, Hybrid Town Meetings •Article 4 -Appropriate to Complete Comprehensive Plan Dissolve STM 2022-2 and Call ATM back to order • Memorial: Donald White •Article 34 - Petition for Special Legislation - Remote/hybrid Town Meetings •Time permitting: Continue unfinished items from previous sessions Wednesday April 13 **Amendments due 5pm Monday, April 11** •Article 38 - 128 Spring Street Zoning [DATE CERTAIN] •Article 39 -475 Bedford Street Zoning [DATE CERTAIN] •Article 35 - Open Space Residential Developments •Article 37 -Zoning Technical Corrections •Time permitting: Continue unfinished items from previous sessions Monday April 25 - hold; likely will need to use this date Wednesday April 27 - hold for use as needed Draft of 3/28/2022-Version 3 SLCA COMMENTS ON THE MOU FOR 95/99 HAYDEN AVENUE PROJECT TO THE SELECT BOARD The following recommendations are being submitted by the South Lexington Civic Association Board of Directors ("SLCA") for the Select Board to consider including in the Memorandum of Understanding between Hobbs Brook Real Estate LLC (the "Owner") and the Town of Lexington, Massachusetts (the "Town") for 95 and 99 Hayden Avenue, Lexington (together the "Property'). 1. Traffic Paragraph II.A.3: SLCA strongly recommends this paragraph be changed to increase the Owner's annual financial contribution in two ways: first, we believe that the contribution to Lexpress or other transit service trial projects such as the reverse shuttle referred to in Section II.A.4 below be increased from $5,000 to$50,000 annually. Second,we strongly recommend that the "first payment be made prior to the issuance of the "FIRST" Certificate of Occupancy for the Project." Otherwise, it could be interpreted that the payments would not need to begin until the "FINAL" Certificate of Occupancy is granted. Traffic in the vicinity of Hayden Avenue, especially on Spring Street and surrounding neighborhoods is going to increase as a direct result of the significant expansion of 95/99 Hayden Avenue. 2. Traffic Paragraph II.A.2.This paragraph should require the Owner to make a much larger one-time contribution to the Town, adjusted for inflation, per each net new parking space on the Property resulting from the Project.The current draft of the MOU requires a $2,000 contribution for each one of the 494 net new parking spaces being added to the property for a total one-time contribution of$988,000. We believe the contribution should be increased to$10,000 for each one of the 494 net new parking spaces being added for a total contribution of$4,940,000 and that this sum be dedicated to traffic mitigation in South Lexington. 3. Traffic Paragraph II.A.4: This paragraph deals with the shuttle that Hobbs Brook utilizes, the Route 128 Business Council shuttle and the Alewife A North Shuttle that currently exist, or a new shuttle that may be developed. It is strongly recommended that additional wording be added to require that the "Owner work with Lexington's Transportation Manager to include the right for Lexington residents to participate in the shuttle by utilizing the reverse route on shuttles that Hobbs Brook uses from 95/99 Hayden Avenue to Alewife and to develop a way for Lexington residents to utilize on-site parking at a reasonable cost when they utilize the shuttle. It is imperative that we develop and encourage easy ways for Lexington residents to travel to work without using their personal vehicles for the entire trip. 4. Newly Inserted Paragraph II.A.6: We recommend that this additional paragraph be inserted to be applicable at the time of Site Plan Review. It should read, "At the time of Site Plan Review, Hobbs Brook will provide to the Town an accounting of subsidies to Draft of 3/28/2022-Version 3 SLCA COMMENTS ON THE MOU FOR 95/99 HAYDEN AVENUE PROJECT TO THE SELECT BOARD motorists, pedestrians, transit rides, and cyclists to ensure that all persons who regularly arrive at the site are equitably treated." 5. Noise Testing, Abatement, and Related Obligations Paragraph V.4: This paragraph deals with the need to run heaters or generators outside the hours permitted on weekdays and Saturday between specified hours. It is recommended that the introductory sentence be changed to read as follow: "Should an emergency require generators to run outside the hours permitted in SO-4 A(i), i.e., weel<days between the hours of 7:00 a.m. and 5:00 p.m. and on Saturdays between the hours of 9:00 a.m. and 5:00 p.m., the Owner shall construct sound mitigation enclosures to reduce the heater/generator noise level to no more than 5 dBA above the minimum ambient sound level (as established in the required Acoustical Study) at the boundaries of the lot(s) with residential dwellings" This paragraph should explicitly state upfront that outside of these permitted hours only generators should only be allowed in cases of emergency. Furthermore, the paragraph should state that the "Owner shall construct sound mitigation enclosures to reduce the heater/generator noise level to no more than 5 dBA above the minimum ambient sound level (as established in the required Acoustical Study) at the boundaries of the lot(s)with residential dwellings. The 5 dBA requirement above the ambient noise level should apply at all times except during the construction phase of the Project. The Select Board is accepting comments on this proposal through April 6, 2022 at 4:30 PM. Please submit any comments to: selectboard@lexingtonma.gov � 95 and 99 Hayden Avenue MOU Memorandum of Understanding("MOU")between Hobbs Brook Real Estate LLC (the "Owner") and the Town of Lexington, Massachusetts (the "Town") for 95 and 99 Hayden Avenue, Lexington(together the "Property") March , 2022 I. Background The Owner or its affiliates acquired 95 Hayden Avenue in 2012 and 99 Hayden Avenue in 2020. The Property includes approximately thirty-six (36) acres of land area in the CD-14 zoning district, at the intersection of Hayden Avenue and Spring Street. The Property currently contains an office and lab building complex, two parking garages, and associated surface parking and site improvements that were developed beginning in the 1960s. The buildings on the Property are currently leased to a variety of life science and technology-related companies. The Owner's proposed project(the "Project") contemplates the phased redevelopment of the southwest portion of the Property, which,upon completion, will result in the razing of two older buildings and their replacement by two new buildings linked to two renovated buildings, with the addition of associated structured parking and improvements. As reflected in the proposed Preliminary Site Development and Use Plan (the "PSDUP"), upon completion of the Project, the total building program will be approximately 743,204 square feet, representing an addition of approximately 314,812 square feet over the existing building program of 428,392 square feet. The Town, acting through the 2022 Lexington Annual Town Meeting, is expected to consider, and may approve, the PSDUP for the proposed PD-6 District to allow for the construction of the Proj ect. In the event that the Lexington Town Meeting approves the PSDUP, this MOU between the Owner and the Town, acting by and through its Select Board, sets forth certain additional mitigation measures to be completed or undertaken by the Owner in connection with the construction and operation of the Project. This MOU supplements the obligations and commitments of the Owner as established in the PSDUP and supersedes any prior agreements with the Town pertaining to the Property. This MOU shall not negate the obligations and commitments of the Owner in any other permit, certificate or approval issued, or which may later be issued, by the Town in connection with the Proj ect. II. Traffic A. Financial Contributions &Miti�ation Measures. 1. For the safety of employees and all pedestrians using the trails linking the Property to sidewalks and trail connections in the area, the Owner will install, at its expense, and maintain in proper working order, condition, and operability, and pay for the utility cost to operate, a Rectangular Rapid Flashing Beacon and a new crosswallc in the vicinity of the existing site driveway on Spring Street, the exact location to be deterinined by 2 95 and 99 Hayden Avenue MOU developer's engineer and approved by the Engineering Division and�nalized in the course of site plan review for the Project. 2. To minimize potential development impacts,the Owner will make a one-time contribution of$2,000 to the Town, adjusted for inflation, per each net new parking space on the Property resulting from the Project. Based on an anticipated net increase of four hundred ninety-four(494) parking spaces associated with the Project at full-build as reflected in the PSDUPs, the total payment is estimated to be $988,000. This contribution shall be made in installment payments, each associated with the parking spaces to be delivered prior to issuance of each Certificate of Occupancy for a building within the Proj ect. The Owner shall be directed to make such payment(s) to either the Traffic Mitigation Stabilization Fund or the Transportation Demand Management/Public Transportation Stabilization Fund(the "Traffic Mitigation Payinent") at the Town's discretion. 3. The Owner shall make an annual financial contribution of$5,000,payable to the Town, for local transit such as Lexpress or other transit service trial projects, as determined by the Select Board. The first payment shall be made prior to the issuance of the first Certificate of Occupancy for the Project, and thereafter annual payments shall be made in each subsequent calendar year prior to July 15th. 4. To support the Project, the Owner shall continue to maintain membership in the Route 128 Business Council and extend the Alewife A North Shuttle, or the Owner shall develop a shuttle with other area property owners, in consultation with the Lexington Transpoitation Manager. Membership in the Route 128 Business Council or creation of the new shuttle, in collaboration with the Lexington Transportation manager, shall be established prior to issuance of the first Certi�icate of Occupancy for a building within the Proj ect. 5. The Owner shall require all tenants of the Proj ect to implement a pre-tax transit pass sales program through the MBTA Perq Program (https://www.mbta.com/pass- program/corporate) and pre-tax pass sales for the Route 128 Business Council or a similar program. B. TDM Obligations for the Project 1. The Owner shall appoint a Transportation Liaison to work with the Town and Project tenants to ensure the Owner's transportation demand management policies, measures, and improvement ("TDM") obligations are complied with to enhance transportation services in the area of the Project, and to ensure that tenants and tenant employees have adequate access to information regarding public transportation, alternative modes of transportation, and transit passes, including participation in Bay State Commute, or an equivalent service (as determined by the Lexington Transportation Services Manager) ride matching service. On or before July 15th of every year, Owner will provide the name and contact information for the Transportation Liaison to the Lexington Transportation Safety Group (TSG). 3 95 and 99 Hayden Avenue MOU 2. The Owner shall appoint a site nansportation coordinator who is responsible for implementing a variety of employee-based transportation demand management opportunities. The Owner agrees that the coordinator shall annually, on the first of July, submit to the Town Assistant Planning Director and Transportation Safety Group for their review and comment a report as to the strategies employed and their effectiveness to ensure transportation demand management plan colnpliance. This Parking and Transportation Demand Management report shall at a minimum, set forth various modes of transportation used by employees. The Town requires the Owner to pursue transportation demand management strategies, including car share service, bike share, and shuttles to reduce vehicle trips toward 85% Single Occupancy Vehicles. 3. The Owner agrees to implement the Parking Travel Demand Management Policies ("PTDM Policies")identified in the Traffic Impact and Access Study(TIAS)prepared by MDM Transportation Consultants, Inc. as may be amended during site plan review in connection with the Project and submit an annual PTDM Policies Monitoring Report with the annual parking demand management counts to the Town. 4. Upon the earlier of(i) two years after the issuance of the final Certificate of Occupancy for the Project or(ii) reaching equal to or greater than 80% occupancy of the Project, the Owner shall conduct a traffic monitoring study, at its expense, of scope to be approved by the Town Engineer or his designee. The traffic monitoring study shall include driveway counts of daily trip activity generated to/from the Project for a weelclong period on weekdays during average season/typical operating conditions. If average daily traffic counts exceed those projected in the pre-construction traffic study(adjusted relative to percent occupancy)by more than 5%, the Owner will conduct a traffic study to determine whether such increased traffic activity associated with the Project independently warrants additional mitigative actions to return area intersection operations to pre-development levels and/or modification of TDM actions to reduce Project traffic volumes to levels projected in the submitted traffic study by MDM for the Project. The Owner shall fund all or a portion of the cost of traffic improvements identified in the post-monitoring traffic study, as approved by the Town Engineer and constructed at the discretion of the Town. Average daily traffic counts for purposes of this MOU are defined as the measured two- way(entering and exiting) daily trip activity for the Project as averaged over a weeklong period. 5. The Owner shall provide space upon the Property for a public bike share station of suf�cient size for a viable bike share operation, should the Town request such space, in coordination with any future bike share program that may be implemented by the Town. 6. The Owner shall provide on-site illuminated pick-up and dtop-off locations,benches and amenities for shuttle services serving the Project. Such shuttle pick-up/drop-off location(s) shall be conveniently located to afford users protection from the weather at or within the building entrance(s) or in separate shelter(s), the particulars of which shall be established in the course of site plan review of the Project. It shall be the responsibility of the Owner at its sole cost and expense to maintain the shuttle pick-up/drop-off location(s) located on the Owner's Property. If the shuttle pick-up/drop-off location(s)is 4 95 and 99 Hayden Avenue MOU located on Town property, the Town shall be responsible at its sole cost and expense to maintain the location(s). 1. Conservation and Recreation Conservation Restriction#42 ("CR"), which includes a nature trail subject to a public trail easement, presently encumbers a portion of the Property, and is recorded at Book 17891 at Page 31. To expand protection of undeveloped open space with significant conservation values and expand pedestrian and recreational access for tenants and the public to connecting public open space at Hayden Woods, the Owner has agreed to (i)implement an extension of the nature trail to the existing driveway at Spring Street, (ii) develop and maintain a public parking area at a new designated trailhead in this location, all as shown conceptually on Exhibit A, the particulars of which will be finalized in the course of site plan review by the Planning Board, in consultation with the Conservation Commission. The Owner has also agreed to expand the area subject to the existing CR by 15,565 square feet and expand the area of the existing trail easement by at least 45,309 square feet on the northwesterly corner of the Property proximate to Spring Street to encompass the trail connection through the Property and connecting to the existing Shire/Takeda trail easement on the western side of Spring Street. A draft of the Expanded Conservation Restriction and Trail Easement with an accompanying plan, in recordable form,reflecting those areas shall be submitted by the Owner in a form reasonably acceptable to the Town and the Commonwealth prior to the issuance of the first building permit for the Proj ect. Prior to the issuance of the Certi�cate of Occupancy for such building or within twenty-four(24) months after commencement of construction activities on the Property(whichever is earlier), the Expanded Conservation Restriction and Trail Easement shall be eXecuted by the Owner, the Town, and the Commonwealth and recarded at the Middlesex South District Registry of Deeds, unless the Owner can demonstrate good cause for delay in the finalization of such instrument(s) not caused by any act or omission of the Owner. 2. Public Vehicle Access and Parkin�Easement(s) for Trail Access: Subject to obtaining all necessary approvals and proceeding with the construction of the Project improvements, the Owner agrees,prior to the issuance of the first Certificate of Occupancy for the Project or within twenty-four(24)months after commencement of construction activities on the Property(whichever is earlier), to provide to the Town, acting by and through its Conservation Commission, for acceptance, a recorded easement, or easements, to the public to allow for(i)nonexclusive vehicular access over that portion of the driveway on the Property to the associated new trailhead, and(ii) exclusive use of five (5)parking spaces and shared use (available on a first-come, first- served basis) of an additional five (5)parking spaces proximate to the associated trailhead, including one space that meets the requirements for a van accessible space, though Owner is not expected to build an accessible t�ail . The associated conservation trail parking sha11 be detennined in consultation with and subject to the approval of the 5 95 and 99 Hayden Avenue MOU Town, on the developed area of the lot to provide access to the associated trailhead and extensive networlc of connecting public trails. Public access rights under the easement(s) shall be limited to a half-hour before dawn to a half-hour after duslc and the trailhead and public parking shall be properly marked, installed, and maintained with signage, a bulletin board kiosk,waste and recycling containers and a pet waste dispenser by the Owner, and the easement area(s) shall be maintained at the Owner's expense. The easement(s)will be subject to the Owner's reasonable rules and regulations so as not to interfere with the use and operation of the Project or other uses upon the Property. The Owner shall not be responsible for improvements or easements on the adjoining properties, except under Section 3 Financial Obligation below. 3. Financial Obli at� ions The Owner will make a monetary contribution to the Lexington Nature Ti-ust Fund in the amount of$10,000 annually for monitoring and enforcement of the Conservation Restriction and for management, improvements, and maintenance of connecting conservation land, and public trails, including the Accessing Conservation land, Recreation areas, Open space, Schools and Streets (ACROSS) Lexington trail network. The first payment shall be made prior to the issuance of a building permit for the Proj ect, and thereafter annual payments shall be made in each subsequent calendar year prior to July 15 th. III. Emergency Response l. Considering the nature of the proposed occupancy for the Project,prior to occupancy, the Owner shall provide the following safety mitigation: a. Provide training far the Lexington Fire Department on the new fire suppression systems and new ventilation systems within the applicable Project building(s). b. Purchase and install or pay to purchase and install for each phase of the Project, and bear the cost of a bi-directional ampli�er with radio frequency, for each of the Lexington Fire and Police Departments. c. Contribute a one-time payment of$10,000 for the Town to procure flammable gas and hazardous gas monitoring equipment for two (2)meters and a calibration station within the Project. d. Contribute a one-time payment of$9,500.00 far thermal imaging camera(s)to detect flammable gas. 2. In addition to the Owners code consultant for the project, the Owner shall agree to pay the cost and to engage the services of a third party independent project representative, subject to the following limits: 6 95 and 99 Hayden Avenue MOU (i) the consultant be mutually agreed upon by the Town and Hobbs Brook; (ii) Hobbs Broolc will pay the costs of this consultant's work, up to $75,000 (any costs in eXcess of this amount to be paid by the Town from the building permit fees); and (iii) Hobbs Broolc will pay the consultant directly for such fees incurred and due. This registered design professional will represent the Town's interests for review of construction documents including but not limited to the code analysis, onsite inspections and final testing of the buildings fire, mechanical, electrical and life safety design and construction. The third party review will be consistent with Sections 107 and 901.2 of the state building code and as well as the state fire code, CMR 527 section L 15. 3. IV. Community Space/Neighborhood Impact Design and Operations 1. Interior Building Lighting: The interior lighting controls/programming of buildings within the Project will be reviewed by the Planning Board during Site Plan Review to minimize visibility of or reduce the use of interior lighting within Project buildings after dark. 2. New Exterior Lighting: The Owner shall use darlc-slcy friendly, fully shielded, full cutoff exterior lighting for all new site lighting associated with the Project. Site lighting shall be reviewed and approved by the Planning Board in the course of site plan review pursuant to the standards set forth in the PSDUP Zoning text, which include compliance with the requirements of Section 5.4 of the Town's Zoning Bylaw. 3. Documentation and Exhibition of Property's Historic Role in Innovation: The Owner has agreed to contribute a one-time payment of$5,000 to support archival research, exhibition planning and related activities in coordination with the Lexington Historical Commission or its designee ("LHC"), in order to document and exhibit the Property's histoty of innovation, as home of Ledgemont Laboratory, a research laboratory funded by the Kennecott Copper Corporation in the 1960s. Such e�ibits shall draw upon the history of Ledgemont Laboratory, formerly a magnet for research scientists from all over the world, who studied a broad range of scientific topics, including metallurgical theory. The Owner shall malce such contribution to LHC to support such research and planning prior to issuance of the initial building permit for the Project. Based upon consultation with the LHC, the Owner shall, if directed by LHC, allocate space upon the Property(such as at the trailhead parl�ing area) or within the lobby of a Project building for such signage and exhibits. V. Noise Testing,Abatement and Related Mitigation 1. The Owner agrees that between the hours of 6:00 a.m. and 10:00 p.m., normal operations within the Project will not exceed a noise level of 5 dBA above established ambient noise levels between 6:00 a.m. and 10:00 p.m. and that between the hours of 10:00 p.m. and 6:00 a.m. normal operations within the Project will not exceed a noise level of 5 dBA above 7 95 and 99 Hayden Avenue MOU established ambient noise levels between 10:00 p.m. and 6:00 a.m. at the boundaries of lots with residential dwellings. The Owner will submit a design report as part of the Detinitive Site Development and Use Plan submission, conducted by a professional engineer licensed in the Commonwealth of Massachusetts or INCE Board certified acoustic professional, showing how the Owner will achieve such a standard. During site plan review, the pre-construction, existing ambient noise level will be established based on the L90 (90th percentile)by a series of ineasurements taken at one-hour increments over a seven (7) day period. During site plan review, the Owner and its engineer will also submit a testing protocol to be used to confirm compliance with the standard. The protocol will specify the type of measurement instruments to be used, where the instruments will be placed, and when the measurements will be taken. The Town will hire, at Owner's expense, a noise consultant to review the testing protocol, and, at a later date, to review the Owner's data showing compliance with the noise standard. 2. If the Town receives a noise complaint associated with mechanical equipment associated with the Project or if the Owner makes future improvements to the Project, the Owner shall submit a report demonstrating to the Town its compliance with the standards in this agreement and Massachusetts Noise Regulations 310 CMR 7.10. The Town may hire, at the expense of the Owner, a third-party professional engineer licensed in the Commonwealth of Massachusetts, INCE Board Certified acoustic professional or other quali�'ied professional, to review this compliance report. The Owner shall modify the mechanical equipment if the Project is found to be out of compliance with 310 CMR 7.10. 3. The Owner agrees to comply with the Town's Noise Control Bylaw, Chapter 80 of the Town's General Bylaws, including during construction, except as otherwise described in this MOU. In its site plan review application for the Project, the Owner and its noise consultant will submit a testing protocol to be used to establish ambient noise levels. These ambient noise levels will be used to detennine compliance of the Project with the Noise Control Bylaw. This protocol would also be used in the event of future noise coinplaints to establish compliance with the Noise Control Bylaw. The Town may hire, at the Owner's expense, a noise consultant to review the testing protocol. Should a change in equipment and/or complaint be received, the Owner shall demonstrate compliance to the Noise Bylaw. The Town may hire, at the Owner's expense, a noise consultant to review said compliance. 4. Should an einergency or maintenance require the need to run heaters or generators outside the hours permitted in 80-4 A(i), i.e.,weekdays between the hours of 7:00 a.m. and 5:00 p.m. and on Saturdays between the hours of 9:00 a.m. and 5:00 p.m., the Owner shall construct sound mitigation enclosures to reduce the heater/generator noise level to no more than 10 dBA above the minimum ambient sound level(as established in the required Acoustical Study) at the boundaries of the lot(s) with residential dwellings. 5. The Owner shall contribute a one-time payment$5,000 to the Lexington Land Use Health& Development Department for the purchase of a professional noise meter. 8 95 and 99 Hayden Avenue MOU 6. The Owner shall provide for rooftop penthouse enclosures and otherwise ensure the building design and acoustic dampening equipment provided for the Project are in accordance with Massachusetts and Lexington noise regulations. 7. At the time of Site Plan Review application for the Project, a noise mitigation plan governing the construction period of the Project, shall be submitted to the Planning, Building, and Health Offices and the Fire Department. Method and timing of neighbor notification shall be included in the plan. If hoe-ramming or other subsurface rock/ledge wark is proposed, Owner shall submit a noise mitigation plan and shall mitigate noise and shall pay for the cost of third-party review of the noise mitigation plan and third-party monitoring. Owner shall inspect and document conditions of foundations of abutting properties within a distance of the Properry to be determined with the approval of the Building Commissioner and shall provide that documentation to the Building Commissioner. VI. Laboratory Impact The Owner shall make an annual financial contribution of$5,000 per year per laboratory tenant within the Project,payable to the Town, for the purposes of supporting the annual review of tenants' laboratory biosafety plans, laboratory animal review fees, hazmat plan review,rDNA fees and/or related lab inspections. The first payment shall be made prior to the issuance of a Certificate of Occupancy for the Project, or prior to occupancy by any laboratory tenant, and thereafter annual payments shall be made in each subsequent calendar year prior to July 15th, until July 15, 2025. In the event a regulatory fee structure is established by the Town's Board of Health pursuant to duly adopted regulations ro compensate the Town for the review and regulation of laboratories or laboratory uses, the obligation to make the remaining annual payments through 2025 required under this section shall cease and only the applicable regulatory fees shall be due. VII. Access and Utilities 1. Sewer usage projections shall be provided to the Town with the site plan review submission. The Town Engineer may require the Owner prepare and submit a downstream analysis. The need and limits of the analysis will be based upon the estimated flows submitted during site plan review. Any such analysis along with the review of such analysis will be at the Owner's expense. Any existing sewer lines on the Property that serve the Project shall be replaced or lined prior to occupancy, at Owner's expense, to eliminate infiltration into the sanitary collection system. 2. Water usage projections shall be provided with the Site Plan Review submission for the Project. The Town Engineer may require the Owner to prepare and submit an analysis of the system capacity and available pressures and flows. The cost of any such analysis shall be borne by the Owner. If it is determined that there is a detrimental impact to other water users then improvements to the system will be required and will be the responsibility of the Owner. 3. Pro�osed Stormwater 9 95 and 99 Hayden Avenue MOU Stormwater management facilities for the Project will be reviewed by Conservation Commission, in accardance with the Town's bylaws, or by the Engineering Division in the course of site plan review. The Project's stormwater management plan shall document phosphorus removal to the extent possible at Owner's expense. The Owner sha11 submit reports in furtherance of the Project's Operations and Maintenance plan annually. 4. Pro�osed Electrical The Project team will coordinate with Eversource as the Project progresses and elect�-ical loads are developed to ensure that they can continue to provide service to the proposed buildings within the Project. The Project will include emergency back-up generators to provide service in the event there is a power outage. 5. Proposed Gas National Grid currently provides gas service to the Town and the Property. The Project team will coordinate with National Grid as planning for the Project progresses and gas loads are developed to ensure they can provide service to the proposed buildings. VIII. Sustainability 1. Prior to the issuance of a Certificate of Occupancy for new buildings within the Project, the Owner shall certify that the Project has been designed and constructed to qualify for LEED Gold(or higher) Certification under applicable rating standards. 2. Owner shall limit use of on-site fossil fuel combustion for HVAC systems by implementing first stage heating system(s)that uses a combination of air-source, ground source, or e�aust- source heat pumps or other heating system with a Coefficient of Performance (COP) greater than 1.0 that does not use on site fossil fuel combustion and which has a minimum heating capacity of 5 BTUs per hour/ gsf or equal to the building's design heating load, whichever is lower. 3. The Owner shall provide Level 2 (or higher) electric vehicle (EV) charging stations in a minimum of 4% of the total newly created off-street parking spaces associated with the Project. In addition, the Owner shall construct such new parking spaces with appropriate conduits and space for transformers and switchgear to allow for future installation of electric vehicle (EV) charging stations for a minimum of 50% of the total new off-street parking spaces. IX. Consumer Price Index Adjustment The Owner anticipates cormnencing construction of the Project in the Fall of 2022. However, in the event commencement of construction of the Project is delayed, the Owner agrees that, any payments made after December 31, 2022 shall be increased by the Consumer Price Index for all Urban Consumers, Boston-Brockton-Nashua,published by the Bureau of Labor Statistics, U.S. Department of Labor("CPI-U") for the previous calendar year(s);provided,however, that these lo 95 and 99 Hayden Avenue MOU figures shall never be reduced below the base established herein. The first such adjustment, if applicable, shall be completed on the initial CPI-U Adjustment Date based on changes in CPI-U for the preceding calendar year. If the Bureau of Labor Statistics should cease to publish the CPI- U in its present form and calculated on the present basis, a comparable index or an index reflecting changes in prices determined in a similar manner shall reasonably be designated by the Town in substitution therefor. The CPI-U for any year relevant to the application of this definition shall be that published by the Bureau of Labor Statistics for such previous calendar year. X. Other Commitments The Owner shall make a one-time contribution of$100,000 for the development of affordable housing to the Town; such payment to be made care of the Assistant Town Manager for Finance and deposited in the appropriate fund to be determined by the Select Board. XI. Miscellaneous 1. Bindin�Effect This MOU shall run with the Property as an encumbrance and shall bind and inure to the benefit of the Owner and its successors and assigns as owners of the Property for as long as use of the Property is subject to the PSDUP. This MOU may be enforced by any remedy provided at law or in equity. This MOU and the Lexington Zoning Bylaw("Bylaw"), as modified by the PSDUP, shall be construed in such a way as to reasonably harmonize any conflicting provisions,but in the event of any irreconcilable conflict between this MOU and the Bylaw as so modified, the Bylaw as so modified shall control, subject to the provisions of General Laws, Chapter 40A, as amended. 2. Recordin� Prior to applying for a building permit for construction of the Project, the Owner shall promptly record a notice of this MOU with the Middlesex South Registry of Deeds and furnish proof of the recorded notice to the Building Commissioner's Office, Town of Lexington, 1625 Massachusetts Avenue, Lexington, MA 02420 and to the Conservation Administrator, Town of Lexington, 1625 Massachusetts Avenue, Lexington, MA 02420. 3. Owner's Existence and Authority The Owner is a domestic limited liability company duly formed, validly existing, in good standing under the laws of the State of Delaware and duly registered to do business in the Commonwealth of Massachusetts. This MOU constitutes a valid and legally binding obligation of the Owner, enforceable against the Owner in accordance with its terms, and neither the execution, delivery or performance of this MOU nor compliance herewith conflicts with ar will conflict with or results or will result in a breach of or constitutes or will constitute a default under(i) the organization documents of the Owner, (ii) any law or any order, writ, injunction or decree of any court or governmental authority, or(iii) any agreement or instrument to which the Owner is a party by which it is bound. 11 95 and 99 Hayden Avenue MOU 4. Cooperation The Owner hereby agrees to cooperate with the Town on an ongoing basis to implement both the specific provisions and the intent and purposes of this MOU. 5. Default; O�ortunitv to Cure Failure by either party to this MOU to perform any term or provision of this MOU shall not constitute a default under this MOU unless and until the defaulting party fails to commence to cure, correct or remedy such failure within fifteen(15) days of receipt of written notice of such failure from the other party and thereafter fails to complete such cure, correction, or remedy within sixty(60) days of the receipt of such written notice, or, with respect to defaults that cannot reasonably be cured, corrected or remedied within such sixty(60) day period, within such additional period of time as is reasonably required to remedy such default, provided the defaulting party exercises due diligence in the remedying of such default. Notwithstanding the foregoing, the Owner shall cure any monetary default hereunder within thirty(30) days following the receipt of written notice of such default from the Town. 6. Time is of the Essence Time shall be the essence for this MOU. Any reference in this MOU to the time for the performance of obligations or elapsed time shall mean consecutive calendar days, months, or years, as applicable. As used in this MOU, the term"Business Da�' shall mean any day other than a Saturday, Sunday, recognized federal holiday or recognized state holiday in the Commonwealth of Massachusetts. If the last date for performance by either party under this MOU occurs on a Saturday, Sunday, ar recognized federal or state holiday in the Commonwealth of Massachusetts, then the last date for such performance shall be extended to the next occurring Business Day. 7. Permittin� The execution and delivery of this MOU does not constitute an agreement by the Town that any necessary permit or approval for the Project will in fact be granted, including, without limitation, approval of the PSDUP by the Lexington Town Meeting or issuance of any pennit, certificate or approval for the Project. The execution of this MOU shall be incorporated into and made a condition of the PSDUP. 8. Effective Date This MOU becomes binding when all permits necessary far the Project, including the PSDUP and any other permits and approvals for the Project are effective and the Owner has noti�'ied the Town in writing of its intention to proceed with construction of the Project (the "Effective Date"). in the event that the Owner fails to obtain all such permits, certificates or approvals necessaty for the Project or chooses not to proceed with the construction of the Project and notifies the Town accordingly, this MOU shall be null and void. 12 95 and 99 Hayden Avenue MOU 9. Amendment of MOU This MOU may not be amended,modified or terminated except by a written instrument executed by the Owner or a successor owner and by a majority of the Select Board. 10. Enforcement; No Waiver The failure of the Town or the Owner to enforce this MOU shall not be deemed a waiver of the Town or the Owner's right to do so thereafter. 11. Severability The invalidity of any provisions of this MOU as determined by a court of competent jurisdiction shall in no way affect the validiry of any other provision hereo£ If any provision of this MOU or its applicability to any person or circumstances shall be held invalid, the remainder thereof, or the application to other persons shall not be affected. 12. Applicable Law This MOU shall be governed by and according to the laws of the Commonwealth of Massachusetts, as amended from time to time. Any action brought by the Town hereunder may be brought in the Land Court or Superior Court in and for the County of Middlesex, and the Owner hereby agrees to the jurisdiction of such court. [Signature Page Follows] 13 95 and 99 Hayden Avenue MOU Executed under seal as of the date first set forth above. TOWN OF LEXINGTON SELECT BOARD Jill Hai, Chair Douglas Lucente, Vice-Chair Suzanne E. Barry Joseph N. Pato Mark Sandeen OWNER: Hobbs Brook Real Estate LLC a domestic limited liability company By: Name: Title: Sianature Page to MOU between Hobbs Brook Real Estate LLC and the Town of Lexington